200622 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
AGENDA
Monday, June 22, 2020
5:00 PM
Electronic Meeting
1.Call to Order
2.Closed Session
Proposed Resolution #1
Moved By: ________________
Seconded By: ________________
THAT Council move into Closed Session to consider a proposed or pending acquisition or
disposition of land by the municipality or local board. (lands within Plan 41M-205)
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 239 (2) (c) a proposed or pending acquisition or disposition of land by the
municipality or local board; (lands within Plan 41M-205)
2.5 Back to Open Session
3.Adoption of Agenda
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Council meeting of Monday, June 22, 2020, be
adopted.
4.Moment of Silence
5.Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
Proposed Resolution #3
Moved By: ________________
Seconded By: ________________
THAT the Minutes of the Council meeting of June 11, 2020, and the Minutes of the Special
Council meeting of June 15, 2020, be approved.
7.Presentations
8.Public Meetings
9.Planning Applications
9.1 CP 2020-78 Application for Consent and Minor Variance B19-104-7; A19-19-7
(Leliveld)
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT advise Oxford County Land Division Committee that it supports Minor Variance
Application A19-19-7 submitted by Peter & Ruth Leliveld for lands described as Lot 9,
Plan 500, in the Town of Tillsonburg, as it relates to:
Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the
minimum lot depth from 30 m (98.4 ft) to 22.8 m (74.8 ft) for the lots to be
severed and retained;
1.
Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the
minimum required rear yard depth from 7.5 m (24.6 ft) to 5.01 m (16.4 ft) for
the lot to be retained;
2.
AND FURTHER, that Council advise the Oxford County Land Division Committee
that it is in favour of the proposal to sever the subject property, subject to the
conditions contained in Report CP 2020-78.
10.Delegations
10.1 South Central Ontario Region Economic Development Corporation - Southwest
Community Transit
Presented by: Kimberly Earls, Executive Director, SCOR EDC
Page 2 of 327
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from South Central Ontario Region Economic
Development Corporation, as information.
10.2 Tillsonburg BIA - BIA's Downtown Tables and Chairs 2020
Presented by: Mark Renaud, Executive Director, Tillsonburg BIA
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from the Tillsonburg BIA, as information.
11.Deputation(s) on Committee Reports
12.COVID-19
13.Information Items
13.1 Oxford County Council Resolution June 10, 2020 (County Council)
13.2 Oxford County Council Resolution June 10, 2020 (Joint Service Delivery Review)
13.3 Oxford County Staff Report PW 2020-21 Transitioning the Blue Box Program to Full
EPR
13.4 Oxford County Staff Report PW 2020-22 Single-Use Plastic Shopping Bags
13.5 Oxford County Staff Report PW 2020-23 Connecting Southwest Ontario –
IntercommunityTransportation Update
13.6 Oxford County Staff Report PW 2020-24 Highway Traffic Act Amendment – School
Bus Cameras, Ontario Regulatory Registry Proposal No. 20-MTO028
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council receives Oxford County Council Resolution dated June 10, 2020
(County Council), Oxford County Council Resolution dated June 10, 2020 (Joint
Service Delivery Review) and Oxford County Staff Reports PW 2020-21, PW 2020-
22, PW 2020-23, and PW 2020-24, as information.
14.Staff Reports
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14.1 Chief Administrative Officer
14.1.1 CAO 20-05 Re-opening of Municipal Facilities
Proposed Resolution #8
Moved By: ________________
Seconded By: ________________
THAT Council receives Report CAO 20-05, Re-opening of Municipal
Facilities, as information.
14.2 Clerk's Office
14.3 Development and Communication Services
14.3.1 DCS 20-11 Surplus Land Declaration - Clear Valley Drive
Proposed Resolution #9
Moved By: ________________
Seconded By: ________________
THAT Council receive Report DCS 20-11 Surplus Land Declaration – Clear
Valley Drive;
AND THAT the property, described as part of Block D, Plan M53, be
declared surplus to the needs of the Town of Tillsonburg in accordance
with By-Law 3549 Sale of Real Property Policy including suitable
notification to the public.
14.3.2 DCS 20-12 Surplus Land Declaration - Gibson Drive Laneway
Proposed Resolution #10
Moved By: ________________
Seconded By: ________________
THAT Council receive Report DCS 20-12 Surplus Land Declaration –
Gibson Drive Laneway;
AND THAT the laneway property, described as part of Block A, Plan M-68,
be declared surplus to the needs of the Town of Tillsonburg in accordance
with By-Law 3549 Sale of Real Property Policy including suitable
notification to the public.
14.3.3 DCS 20-13 Collaboration Agreement between the Town of Tillsonburg and
Ontario
Proposed Resolution #11
Moved By: ________________
Page 4 of 327
Seconded By: ________________
THAT Council receive Report DCS 20-13 Collaboration Agreement
between Town of Tillsonburg and Ontario;
AND THAT a By-Law be brought forward authorizing the Mayor and Clerk
to enter into an agreement with the Province of Ontario.
14.3.4 DCS 20-14 Lease of 1,101 Highway 3 Lands for Agricultural Purposes
Proposed Resolution #12
Moved By: ________________
Seconded By: ________________
THAT Council receive Report DCS 20-14 Lease of 1,101 Highway 3 Lands
for Agricultural Purposes;
AND THAT the Mayor and Clerk be authorized to enter into a lease
agreement with John Vieraitis for the lands described as Parts of Lots 3-4,
Concession 5 NTR Middleton, and more particularly described as the
agricultural portion of part of Part 1 and Part 2, Plan 37R-283 comprising
approximately 90 acres of farmable land for a seven month term expiring
on December 31, 2020 subject to the terms and conditions contained within
the lease agreement;
AND THAT a By-Law be brought forward in this regard.
14.4 Finance
14.4.1 FIN 20-22 2019 Financial Statement Reconciliation
Proposed Resolution #13
Moved By: ________________
Seconded By: ________________
THAT Council receive Report FIN 19-22 2019 Financial Statement
Reconciliation as information.
14.4.2 FIN 20-23 2019 Surplus Allocation
Proposed Resolution #14
Moved By: ________________
Seconded By: ________________
THAT Council receives Report FIN 20-23 2019 Surplus Allocation as
information.
AND THAT Council approves the 2019 Operating Surplus of $90,310 be
contributed to the Tax Rate Stabilization Reserve.
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14.4.3 FIN 20-24 2019 Summary of Reserves and Trusts
Proposed Resolution #15
Moved By: ________________
Seconded By: ________________
THAT Council receives Report FIN 20-24 2019 Summary of Reserves &
Trusts as information.
14.5 Fire and Emergency Services
14.5.1 FRS 20-08 Fire Communications Agreement - Fort Erie 3
Proposed Resolution #16
Moved By: ________________
Seconded By: ________________
THAT Council receives Report FRS 20-08 Fire Communications
Agreement – Fort Erie for information;
AND THAT the capital costs of $26,813.00 incurred be debt financed with a
term not to exceed five (5) years;
AND FURTHER THAT Council authorizes the Mayor and Clerk to enter
into an agreement with the Corporation of the Town of Fort Erie for the
provision of Fire Dispatch and Communications services upon receipt of
the signed agreement from the aforementioned.
14.6 Operations
14.6.1 OPS 20-25 Southwest Community Transit Association Memorandum of
Understanding
Proposed Resolution #17
Moved By: ________________
Seconded By: ________________
THAT Council receive Report OPS 20-25 Southwest Community Transit
Association Memorandum of Understanding;
AND THAT Council authorize the Mayor and Town Clerk to execute the
Memorandum of Understanding for the establishment of the Southwest
Community Transit Association;
AND FURTHER THAT Council authorize the Director of Operations and
the Transit Coordinator to participate in the Southwest Community Transit
Association;
AND FURTHER THAT the South Central Economic Development
Page 6 of 327
Corporation be advised of the Town of Tillsonburg’s support of the
Southwest Community Transit Association.
14.7 Recreation, Culture & Park Services
15.New Business
16.Consideration of Committee Minutes
16.1 Committee Minutes
Proposed Resolution #18
Moved By: ________________
Seconded By: ________________
THAT Council receives the COVID-19 Task Force minutes dated June 3, 2020, and
the Economic Development Advisory Committee minutes dated June 9, 2020, as
information.
17.Motions/Notice of Motions
Proposed Resolution #19
Moved By: Councillor Esseltine
Seconded By: ________________
THAT staff be asked to bring back a revised purchasing policy/staff report that addresses the
following:
The inclusion of the staff purchasing card procedure or a new staff purchasing card
policy;
•
The reduction of the number of purchasing cards issued to staff;•
The reduction of the current spending limit for small order purchases;•
The procedure outlining approvals of expenditures by staff and monthly purchasing
card statements, such as who the CAO is responsible for, who the Director of
Finance is responsible for etc.
•
18.Resolutions/Resolutions Resulting from Closed Session
19.By-Laws
19.1 A By-Law to authorize an Agreement with the Province of Ontario for the purpose of
receiving funds from the Southwestern Ontario Development Fund program
(“SWODF”)
Proposed Resolution #20
Moved By: ________________
Page 7 of 327
Seconded By: ________________
THAT a By-Law to authorize an Agreement with the Province of Ontario for the
purpose of receiving funds from the Southwestern Ontario Development Fund
program (“SWODF”), be read for a first, second, third and final reading and that the
Mayor and the Clerk be and are hereby authorized to sign the same, and place the
corporate seal thereunto.
20.Confirm Proceedings By-law
Proposed Resolution #21
Moved By: ________________
Seconded By: ________________
THAT By-Law 2020-060, to Confirm the Proceedings of the Council Meeting held on June
22, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk
be and are hereby authorized to sign the same, and place the corporate seal thereunto.
21.Items of Public Interest
22.Adjournment
Proposed Resolution #22
Moved By: ________________
Seconded By: ________________
THAT the Council Meeting of Monday, June 22, 2020 be adjourned at ______ p.m.
Page 8 of 327
1
MINUTES
Thursday, June 11, 2020
6:00 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Town Clerk
Kevin De Leebeeck, Director of Operations
Dave Rushton, Director of Finance
Rick Cox, Director of Recreation, Culture and Parks
Brad Lemaich, Fire Chief
Amelia Jaggard, Deputy Clerk
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 6:01 p.m.
2. Closed Session
3. Adoption of Agenda
Resolution # 2020-257
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Agenda as prepared for the Council meeting of Thursday, June 11,
2020, be adopted.
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Carried
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
6. Adoption of Council Minutes of Previous Meeting
Resolution # 2020-258
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Minutes of the Council meeting of May 25, 2020, be approved.
Carried
7. Presentations
7.1 2019 Draft Financial Statements
Dianne Latta, Millard, Rouse and Rosebrugh LLP, participated in the
meeting to provide an overview of the 2019 Draft Financial Statements.
Opportunity was provided for comments and questions from Council.
Resolution # 2020-259
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council approves the 2019 Draft Financial Statements as
presented;
AND THAT the 2019 Management Letter be received.
Carried
8. Public Meetings
9. Planning Applications
10. Delegations
11. Deputation(s) on Committee Reports
12. COVID-19
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Town staff are continuing to review and update workplace risk assessments to
determine when and how to reopen municipal offices.
13. Information Items
13.1 Ministry of Municipal Affairs and Housing - Broadband Infrastructure
Resolution # 2020-260
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives the correspondence from the Ministry of Municipal
Affairs and Housing dated June 4, 2020, as information.
Carried
14. Staff Reports
14.1 Chief Administrative Officer
14.1.1 Oxford County Service Delivery Review
Staff noted that the remaining modernization funding could be used
to fund recommendations resulting from the service review.
Resolution # 2020-261
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives the Service Delivery Report;
AND direct Staff to continue discussions with our area municipal
partners and proceed with implementation of recommendations
relevant to the Town of Tillsonburg subject to any further necessary
Council approvals.
Carried
14.2 Clerk's Office
14.2.1 CLK 20-22 June 23, 2020 - Public Meeting to Consider Planning
Applications
Resolution # 2020-262
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
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4
THAT Tuesday, June 23, 2020, be confirmed as a Public Meeting
to deal with applications under the Planning Act.
Carried
14.2.2 CLK 20-23 Temporary Patios on Municipal Property
Resolution # 2020-263
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council temporarily supports the inclusion of municipal
property for the use of outdoor patios through the Encroachment
By-law process;
AND THAT all fees and charges are temporarily waived for
restaurants choosing to use municipal property in 2020.
Carried
14.3 Development and Communication Services
14.4 Finance
14.4.1 FIN 20-21 Revised Final 2020 Tax Rates
Resolution # 2020-264
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT Council receives Report FIN 20-21 2020 Budgetary
Estimates and Tax Rates;
AND THAT By-Law to provide for the adoption of budgetary
estimates, tax rates, installment due dates and to further provide for
penalty and interest on default of payment thereof for 2020 be
brought forward for Council consideration;
AND WHEREAS the Council of the Corporation of the Town of
Tillsonburg deems it necessary and expedient to repeal By-Law
2020-053 Budgetary Estimates and Tax Rates.
Carried
14.5 Fire and Emergency Services
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14.6 Operations
14.6.1 OPS 20-24 Town Owned Hangar Business Case
Resolution # 2020-265
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receive Report OPS 20-24 Town Owned Hangar
Business Case;
AND THAT Council refer to the information to the Airport Advisory
Committee for review and comment.
Carried
14.7 Recreation, Culture & Park Services
14.7.1 RCP 20-28 OPP and Memorial Park Parking Lot Expansion
Update
Staff noted the OPP visitor parking lot project will improve vehicular
access. There will be no additional parking stalls created.
Resolution # 2020-266
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receive Report RCP 20-28 OPP and Memorial Park
Parking Lot Expansion Update;
AND THAT Council approves issuing a change order under the
Asphalt and Concrete Maintenance Contract to remove the island
in the OPP visitor parking lot;
AND THAT Council approves issuing a tender for the reduced
scope of project work to expand parking at Memorial Park.
Carried
14.7.2 RCP 20-29 COVID-19 Impact on RCP Programs and Services
Summer 2020
Staff noted that the LLWP pool cannot be filled until the installation
of the new waterslide is completed.
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Council spoke to the greater community benefit of opening up
summer services while understanding the financial implications.
Resolution # 2020-267
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives Report RCP 20-27 COVID-19 Impact on
Programs and Services - Summer 2020;
AND THAT Council direct staff to expedite the opening of the
outdoor pool and waterpark.
Carried
15. New Business
16. Consideration of Committee Minutes
16.1 Business Improvement Area Board Minutes
Resolution # 2020-268
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives the Business Improvement Area Board meeting
minutes dated February 20 and March 26, 2020, as information.
Carried
16.2 Long Point Region Conservation Authority Board Minutes
Resolution # 2020-269
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives the Long Point Region Conservation Authority
Board Minutes dated May 6, 2020, as information.
Carried
16.3 Long Point Region Source Protection Authority
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Resolution # 2020-270
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives the Long Point Region Source Protection Authority
Minutes dated January 8, 2020, as information.
Carried
16.4 Police Services Board Minutes
Resolution # 2020-271
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council receives the Police Services Board Minutes dated January
15, 2020, as information.
Carried
17. Motions/Notice of Motions
17.1 Notice of Motion
Resolution # 2020-272
Moved By: Councillor Esseltine
Seconded By: Councillor Rosehart
THAT Council reconsider resolution number 2020-254 (Purchasing By-
Law).
Carried
Resolution # 2020-273
THAT By-Law 2020-254, to establish policies and procedures for the
procurement of goods and services, payments of accounts and the
disposal of surplus goods for the Corporation of the Town of Tillsonburg
and to repeal By-Law 3967, be read for a first, second, third and final
reading and that the Mayor and the Clerk be and are hereby authorized to
sign the same, and place the corporate seal thereunto.
Councillor Gilvesy asked for a recorded vote on the motion with the
members voting as follows:
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Councillor Gilvesy - Opposed
Councillor Luciani - Opposed
Mayor Molnar - In favour
Councillor Parker - Opposed
Councillor Rosehart - Opposed
Deputy Mayor Beres - In favour
Councillor Esseltine - Opposed
Carried.
Councillor Esseltine gave notice that the following resolution will be
brought forward at the Council meeting on Monday, June 22, 2020:
Resolution # 2020-274
Moved By: Councillor Esseltine
THAT staff be asked to bring back a revised purchasing policy/staff report
that addresses the following:
The inclusion of the staff purchasing card procedure or a new staff
purchasing card policy;
The reduction of the number of purchasing cards issued to staff;
The reduction of the current spending limit for small order purchases;
The procedure outlining approvals of expenditures by staff and
monthly purchasing card statements, such as who the CAO is
responsible for, who the Director of Finance is responsible for etc.
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
19.1 By-Law 2020-056, to Authorize an Agreement with the Province of
Ontario for the purpose of receiving funds from the Dedicated Gas
Tax Funds for Public Transportation Program
19.2 By-Law 2020-057, to appoint a Fire Chief for the Town of Tillsonburg
19.3 By-Law 2020-058, to provide for the Adoption of Budgetary
Estimates, Tax Rates and to Further Provide for Penalty and Interest
in Default of Payment thereof for 2020 and to repeal By-Law 2020-053
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Resolution # 2020-275
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT By-Law 2020-056, to Authorize an Agreement with the Province of
Ontario for the purpose of receiving funds from the Dedicated Gas Tax
Funds for Public Transportation Program; and
By-Law 2020-057, to appoint a Fire Chief for the Town of Tillsonburg; and
By-Law 2020-058, to provide for the Adoption of Budgetary Estimates, Tax
Rates and to Further Provide for Penalty and Interest in Default of
Payment thereof for 2020 and to repeal By-Law 2020-053, be read for a
first, second, third and final reading and that the Mayor and the Clerk be
and are hereby authorized to sign the same, and place the corporate seal
thereunto.
Carried
20. Confirm Proceedings By-law
Resolution # 2020-276
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT By-Law 2020-055, to Confirm the Proceedings of the Council Meeting held
on June 11, 2020, be read for a first, second, third and final reading and that the
Mayor and the Clerk be and are hereby authorized to sign the same, and place
the corporate seal thereunto.
Carried
21. Items of Public Interest
When Southwestern Public Health declares an extreme heat event, the Town of
Tillsonburg is prepared to open a public cooling centre at the Tillsonburg
Community Centre located at 45 Hardy Ave, Tillsonburg.
On April 14, 2020, Council gave taxpayers the option to delay paying their May
21 interim tax installment, without interest or penalty, to July 31, 2020. A
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Payment Deferral Application must be submitted and approved in order to delay
payment without interest or penalty.
Council and staff welcomed Fire Chief Brad Lemaich to the Town of Tillsonburg.
22. Adjournment
Resolution # 2020-277
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Council Meeting of Thursday, June 11, 2020 be adjourned at 9:10 p.m.
Carried
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1
MINUTES
Monday, June 15, 2020
4:00 PM
Tillsonburg Community Centre
45 Hardy Ave, Tillsonburg, ON N4G 3W9
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Town Clerk
Regrets:
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:00 p.m.
Adoption of Agenda
Resolution # 2020-278
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the agenda as printed be adopted.
Carried
2. Closed Session
Resolution # 2020-279
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council move into Closed Session to consider personal matters about
identifiable individuals, including Town employees.
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2
Carried
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Confirm Proceedings By-law
Resolution # 2020-280
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT By-Law 2020-059, to Confirm the Proceedings of the Council Meeting held
on June 15, 2020, be read for a first, second, third and final reading and that the
Mayor and the Clerk be and are hereby authorized to sign the same, and place
the corporate seal thereunto.
Carried
5. Adjournment
Resolution # 2020-281
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT the Council Meeting of Monday, June 15, 2020 be adjourned at 6:44 p.m.
Carried
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Page 1 of 10
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
To: Mayor and Members of Tillsonburg Town Council
From: Eric Gilbert, Senior Planner, Community Planning
Application for Consent and Minor Variance
B19-104-7; A19-19-7 – Peter & Ruth Leliveld
REPORT HIGHLIGHTS
The application for consent proposes to create a new residential infill lot for a proposed
single detached dwelling in northeast Tillsonburg.
Relief is also required from Section 7.2, Table 7.2 – Zone Provisions, to reduce the minimum
lot depth for the lots to be severed and retained, and to reduce the minimum required rear
yard depth for the existing dwelling on the lot to be retained.
Planning staff are recommending approval of the application as it is consistent with the
Provincial Policy Statement, maintains the intent and purpose of the Official Plan, and the
proposed variances satisfy the requirements of Section 45(1) of the Planning Act.
DISCUSSION
Background
OWNERS: Peter & Ruth Leliveld
565 Broadway
Tillsonburg ON, N4G 3S8
LOCATION:
The subject lands are described as Lot 9, Plan 500 in the Town of Tillsonburg. The subject lands
are a ‘through lot’ (as per the definitions contained in the Town’s Zoning By-law) located on the
north side of Charles Street, south side of Nelson Street, east of Tillson Avenue, and are
municipally known as 9 Nelson Street.
Page 21 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 2 of 10
COUNTY OF OXFORD OFFICIAL PLAN:
TILLSONBURG ZONING BY-LAW NO. 3295:
Existing Zoning: Low Density Residential Type 2 Zone (R2)
EXISTING USE OF SUBJECT PROPERTY:
Lot to be Severed – vacant Residential
Lot to be Retained – Residential (single detached dwelling)
SERVICES: Lot to be Severed: municipal sanitary sewer & water (on Charles Street)
Lot to be Retained: municipal water (Nelson Street) and municipal sanitary sewer
(Charles Street)
ACCESS: Lots to be Severed & Retained: paved, municipal street (Nelson Street & Charles
Street)
PROPOSAL:
Area
Frontage
Depth
Severed Lot
460 m2 (4,951.4 ft2)
20.12 m (66 ft)
22.86 m (75 ft)
Retained Lot
460 m2 (4,951.4 ft2)
20.12 m (66 ft)
22.89 m (75.1 ft)
The purpose of the Application for Consent is to create a residential infill lot that will front on the
north side of Charles Street, east of Tillson Avenue. It is proposed that the lot to be severed will
be approximately 460 m2 (4,951 ft2) in size, with approximately 20.12 m (66 ft) of frontage on
Charles Street, while the lot to be retained will be approximately 460 m2 (4,951 ft2) in size, with
approximately 20.12 m (66 ft) of frontage on Nelson Street. The lot to be severed is currently
vacant, and the lot to be retained contains an existing single detached dwelling.
An application for minor variance has also be requested from Section 7.2 of the Town of
Tillsonburg Zoning By-Law (R2 Zone Provisions) to permit a reduced rear yard depth for the
Schedule “T-1” Town of Tillsonburg
Land Use Plan
Residential
Schedule “T-2” Town of Tillsonburg
Residential Density Plan
Low Density Residential
Page 22 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 3 of 10
existing single detached dwelling on the retained lands of 5.01 m (16.4 ft), in lieu of the required
7.5 m (24.6 ft), and a reduced lot depth for the severed lot of 22.8 m (74.8 ft) and reduced lot
depth of 22.86 m (75 ft) for the lot to be retained.
Surrounding land uses to the north, west and east consist of predominantly single detached
dwellings and semi-detached dwellings. Service commercial uses and the Trans Canada Trail
are present to the south.
Plate 1, Existing Zoning & Location Map, shows the location of the subject lands and the existing
zoning in the immediate vicinity.
Plate 2, 2015 Aerial Map, provides an aerial view of the subject lands and surrounding area.
Plate 3, Applicants’ Sketch, provides the dimensions of the lands to be severed, retained and the
location of the existing single detached dwelling.
Application Review
PROVINCIAL POLICY STATEMENT:
Section 1.1.3.1 of the PPS directs that settlement areas will be the focus of growth, and their
vitality and regeneration shall be promoted.
Section 1.1.3.3 of the PPS directs that planning authorities shall identify appropriate locations and
promote opportunities for intensification and redevelopment where this can be accommodated
taking into account existing building stock or areas, including brownfield sites, and the availability
of suitable existing or planned infrastructure and public service facilities required to accommodate
projected needs.
Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate
mix of housing types and densities to meet projected requirements of current and future residents
of the regional market area by:
Establishing and implementing minimum targets for the provision of housing which is
affordable to low and moderate income households;
Permitting and facilitating all forms of residential intensification and redevelopment and all
forms of housing required to meet the social, health and well-being requirements of current
and future residents, including special needs requirements;
Directing the development of new housing towards locations where appropriate levels of
infrastructure and public service facilities are or will be available t o support current and
projected needs;
Promoting densities for new housing which efficiently uses land, resources, infrastructure
and public service facilities, and support the use of active transportation and transit areas
where it exists or is to be developed; and
Establishing development standards for residential intensification, redevelopment and new
residential development which minimize the cost of housing and facilitate compact form
while maintaining appropriate levels of public health and safety.
Page 23 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 4 of 10
OFFICIAL PLAN:
The subject lands are located within the ‘Low Density Residential’ designation according to the
Town of Tillsonburg Residential Density Plan, as contained in the County Official Plan. Low
density residential districts are those lands that are primarily developed or planned for a variety
of low-rise, low density housing forms including both executive and smaller single-detached
dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other,
similar development. Within these areas, it is intended that there will be a mixing and integration
of different forms of housing to achieve a low overall density of use.
The policies of Section 8.2.4.1 (Infill Housing) also apply to this proposal. Infill housing is defined
as the placement of new residential development into established built-up areas on vacant or
underutilized sites. In order to efficiently utilize the land supply designated residential and
municipal servicing infrastructure, infill housing will be supported in Low Density Residential
Districts.
The introduction of new residential housing into an established streetscape pattern will only be
permitted if the proposal is deemed to be consistent with the characteristics of existing
development on both sides of the same street. In order that the street oriented infill projects are
sensitive to the continuity of the existing residential streetscape, the County Land Division
Committee and Town Council will ensure that:
the proposal is consistent with the street frontage, setbacks, lot area and spacing of existing
development within a two block area on the same street; and,
for proposals involving more than two dwelling units, the exterior design in terms of height,
bulk, scale and layout of the proposed building is consistent with present land uses in the
area.
In addition to the specific infill policies identified, the following policies will apply to all infill
proposals:
the location of vehicular access points, the effect of traffic generated by the proposal on the
public road system, pedestrian and vehicular safety and surrounding properties is assessed
and found to be acceptable;
existing municipal services and community facilities will be adequate to accommodate the
proposed infill project;
stormwater run-off from the proposal will be adequately controlled and will not negatively
affect adjacent properties;
the extent to which the proposed development provides for the retention of any desirable
vegetation or natural features that contribute to the visual character of the surrounding area;
the effect of proposed development on environmental resources or the effects of
environmental constraints on the proposed development will be addressed and mitigated in
accordance with Section 3.2;
compliance of the proposed development with the provisions of the Zoning By-Law of the
Town and other municipal by-laws; and,
consideration of the potential effect of the development on natural and heritage resources
and their settings.
Page 24 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 5 of 10
TOWN OF TILLSONBURG ZONING BY-LAW:
The subject lands are zoned ‘Low Density Residential Type 2 Zone (R2)’ according to the Town’s
Zoning By-law. The R2 zone permits a limited range of low density residential uses, including
single-detached dwellings and semi-detached dwellings.
The provisions of the R2 Zone require a minimum lot area of 450 m2 (3,390.7 ft2), minimum lot
frontage of 10.5 m (34.4 ft), minimum lot depth of 30 m (98.4 ft), minimum front yard depth of 7.5
m (24.6 ft) for an existing lot and 6 m (19.7 ft) for a lot created after the passing of the Zoning By-
Law, and a minimum rear yard depth of 7.5 m (24.6 ft).
The minimum lot depth provisions of the By-Law are intended to ensure lots are sufficiently large
enough to provide an adequately sized building envelope that maintains adequate setbacks to
provide access to the rear yard and sufficient area to conduct normal property maintenance.
These provisions are also intended to ensure adequate area is provided for parking, landscaping,
drainage and private amenity space. The minimum rear yard depth provisions of the By-Law are
intended to ensure adequate private amenity space for the occupants of the dwelling, and to
ensure sufficient area remains to accommodate any required drainage swales or easements and
maintain privacy for adjacent residential properties.
AGENCY COMMENTS:
The application was circulated to various agencies considered to have an interest in the proposal.
The Town of Tillsonburg Engineering Department provided the following comments:
The lot to be retained appears to be connected to municipal sanitary services on Charles
Street; the connection will need to be relocated (at the applicants’ cost) to ensure it does
not cross the lot to be severed.
Preliminary lot grading plan will be required to demonstrate how appropriate lot grading/
drainage designs can be achieved with the new proposed lot line.
The Town of Tillsonburg Building Department provided the following comments:
Subject to servicing - applicant required to verify existing location and provide services for
the lots to be severed and retained.
Subject to an approved site plan / lot grading plan (grades must be provided a minimum
of 5 m past property lines to verify design)
Provide updated building location survey to verify setbacks between existing dwelling on
the lot to be retained and the new proposed lot line.
Any clearance letters will be subject to the applicable fee of $55.00.
Cash in lieu of parkland is required in the amount of $1000.00
If approved, please include the following conditions:
The owner provides confirmation of the location of any existing overhead or underground
services installed to the retained and severed lots.
The owner shall agree, in writing, to satisfy all requirements, financial and otherwise, of
the Town of Tillsonburg regarding the installation of services and drainage facilities.
Page 25 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 6 of 10
The owner shall submit a recent as-built survey to confirm lot sizes and building setbacks
to the satisfaction of the Town of Tillsonburg.
If required, due to servicing upgrades, a severance agreement shall be entered into
between the applicants and the Town of Tillsonburg and shall be registered on the lands,
to the satisfaction of the Town. The fee for said severance agreement is $1025.00.
The Oxford County Public Works Department provided the following comments:
There is no sanitary sewer present on Nelson Street. The Town & County will review a
proposed servicing strategy (possibly install service/extend main through alley ROW to
service the lot to be retained or consider private servicing agreement).
As a condition of severance, both the existing house (on lot to be retained) and future
house (on lot to be severed) shall be connected to the municipal water and sanitary sewer
systems. The applicants will be responsible for all associated costs.
All financial requirements to the Oxford County Public Works Department must be
complied with regarding the provision of water and wastewater service connections for
both the lot to be severed and the lot to be retained.
The Town of Tillsonburg Development Commissioner provided the following comment:
I have no comments other than to note that the applicant was previously interested in acquiring
the Town owned right of way to the west of this property to enable the development of a
duplex. While this appears possible from an Engineering perspective as long as an easement is
maintained, any transfer of property would have to follow the Town’s surplus lands policy, which
requires public notices and entering into a legal agreement. Should the applicant/property owner
change their plans, the Town would consider moving forward with that process.
Town of Tillsonburg Fire & Rescue Services, Tillsonburg District Chamber of Commerce, Bell
Canada & Canada Post indicated that they have no objections or concerns with the application.
PUBLIC CONSULTATION:
Notice of the consent was provided to the public and surrounding property owners in accordance
with the requirements of the Planning Act on March 9, 2020. At the time of writing this report, no
comments or concerns have been received from the public.
Planning Analysis
The subject application proposes to create a new residential infill lot for a single detached
dwelling, while retaining a lot with an existing single detached dwelling in the northeast area of
Tillsonburg.
In regard to the PPS, the proposal is consistent with the intensification, redevelopment and
housing policies as the application provides for an opportunity for redevelopment and is
considered to be an efficient use of land and municipal infrastructure. Further, since the proposal
facilitates redevelopment of the severed and retained lands, staff are of the opinion that the
subject application promotes intensification and supports a mix of housing types and lot sizes in
Page 26 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 7 of 10
an area that is characterized by a variety of housing forms, including single and semi-detached
dwellings.
Both the lots to be severed and retained are considered to be appropriate in accordance with the
infill policies of the Official Plan. The subject lands are located within a broader area that is
characterized by low density development consisting of single detached and semi-detached
dwellings on a variety of lot sizes, both in existing residential areas to the north and east and new
residential development to the west. The proposed lots are not out of character with the
residential development in the immediate area with respect to lot area, depth and frontage on
Herford Street, Charles Street, Nelson Street and Sandy Court. Lots on the north side of Nelson
Street and north side of Charles Street adjacent to the municipal alley exhibit similar setbacks, lot
areas, lot depth, lot frontage, and configuration. T he lot to be severed and lot to be retained will
be of sufficient size to provide adequate space for setbacks, parking and vehicular ingress and
egress. As such, it is the opinion of staff that the application conforms to the policies of the Official
Plan respecting infill development.
Based on the severance sketch provided by the applicants, it would appear that the relevant
provisions of the ‘R2’ zone will be maintained with the exception of the lot depth for both the
severed and retained lots, and the required rear yard depth for the lot to be retained. As previously
indicated, the applicant has requested relief from the Zoning By-law to reduce the minimum lot
depth for a single detached dwelling from 30 m (98.4 ft) to 22.8 m (74.8 ft), and to reduce the
required rear yard depth for the existing dwelling on the retained lands from 7.5 m (24.6 ft) to 5.01
m (16.4 ft). Staff are satisfied that the applicants’ request for relief can be considered minor,
desirable and appropriate as adequate space will be maintained to accommodate required
parking, area for drainage purposes and building maintenance, and sufficient access to the rear
yard will be maintained. Adequate amenity area will remain for the occupants of the dwellings
and the proposed rear yard is similar to other rear yards for new residential dwellings that have
been approved recently in Town. Further, the request can be considered desirable for the area
as the single detached dwellings are in keeping with the development in the immediate area and
are supported by the policies of the Official Plan.
Through the agency circulation of the application, it has come to light that sanitary sewers are not
present on Nelson Street. With respect to the comments received Oxford County Public Works
Department respecting possible servicing requirements, planning staff support the inclusion of a
private easement over the severed lot in favour of the retained lot to ensure that if the sanitary
service for the retained lands must be relocated and cannot be accommodated within the adjacent
municipal alley to the west, that appropriate easements will be executed between the lot to be
severed and lot to be retained. The size and location of the required easement would be
determined once the proposed servicing for the lot to be severed and lot to be retained has been
designed and approved. Appropriate conditions of approval have been included to ensure that
any required servicing extensions or relocation of existing services are completed to the
satisfaction of the Town and County, and to ensure that appropriate lot grading is implemented
for both the lot to be retained and the lot to be severed.
In light of the foregoing, it is the opinion of this Office that the proposed consent application and
minor variance are consistent with the policies of the PPS and are in keeping with the County
Official Plan. As such, Planning staff are satisfied that the application can be given favourable
consideration, subject to the appropriate conditions.
Page 27 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 8 of 10
RECOMMENDATIONS
That the Council of the Town of Tillsonburg advise Oxford County Land Division
Committee that it supports Minor Variance Application A19-19-7 submitted by Peter & Ruth
Leliveld for lands described as Lot 9, Plan 500, in the Town of Tillsonburg, as it relates to:
1. Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the minimum lot
depth from 30 m (98.4 ft) to 22.8 m (74.8 ft) for the lots to be severed and retained;
2. Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the minimum
required rear yard depth from 7.5 m (24.6 ft) to 5.01 m (16.4 ft) for the lot to be retained;
As the proposed variances are;
(i) deemed to be minor variances from the provisions of the Town of Tillsonburg
Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in keeping with the general intent and purpose of the Town of Tillsonburg Zoning
By-law No. 3295; and
(iv) in keeping with the general intent and purpose of the Official Plan of the County of
Oxford.
AND FURTHER, it is recommended that Tillsonburg Council advise the Oxford County
Land Division Committee that it is in favour of the proposal to sever the subject property,
subject to the following conditions:
1. If required, the owners shall enter into a severance agreement with the Town of
Tillsonburg.
2. The owners provide confirmation of the location of any existing overhead or
underground services installed to the retained and severed lots. Services cannot
traverse the adjoining lots and any conflicts must be re-directed or an easement
created. Any proposed easements shall be reviewed by the Town of Tillsonburg.
3. The owners shall agree, in writing, to satisfy all requirements, financial and
otherwise, of the Town of Tillsonburg, regarding the installation of services and
drainage facilities, to the satisfaction of the Town of Tillsonburg.
4. The owners shall submit an updated survey to confirm lot sizes and building
setbacks to the satisfaction of the Town of Tillsonburg.
5. The owners shall provide payment for cash-in-lieu of parkland to the Town of
Tillsonburg for the lot to be severed, to the satisfaction of the Town of Tillsonburg.
6. The owners shall provide a preliminary lot grading plan, to the satisfaction of the
Town of Tillsonburg Engineering Services Department.
Page 28 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 9 of 10
7. The owners agree to satisfy all the financial requirements of the County of Oxford,
regarding the installation of sanitary and water services for each lot, to the
satisfaction of the County of Oxford Public Works Department.
8. If easements are required, a draft copy of the reference plan and Easement
Agreement for servicing and access shall be provided to the Town of Tillsonburg and
the Secretary-Treasurer of the Land Division Committee, prior to the issuance of the
certificate. All cost sharing requirements and maintenance responsibilities shall be
clearly indicated in the Agreement and the said Agreement shall be registered on
title.
9. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land
Division Committee that all requirements of the Town of Tillsonburg have been
complied with.
SIGNATURES
Authored by: "Original Signed By" Eric Gilbert, MCIP RPP, Senior Planner
Approved for submission: "Original Signed By" Gordon K. Hough, RPP, Director
Page 29 of 327
Report No: CP 2020-78
COMMUNITY PLANNING
Council Meeting: June 22, 2020
Page 10 of 10
Report Approval Details
Document Title: B19-104-7_A19-19-7_rpt_Town.docx
Attachments: - Report Attachments.pdf
- b19-104-7_A19-19-7_appl-20191220.pdf
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Jun 18, 2020 - 5:10 AM
Page 30 of 327
January 27, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)Lot to be
Retained
Lot to be Severed
Plate 1: Existing Zoning & Location Map
B19-104-7; A19-19-7 - Peter & Ruth Leliveld - 9 Nelson Street, Tillsonburg
Page 31 of 327
January 27, 2020
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
26 Meters
Zoning Floodlines
Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Land Use Zoning (Displays
1:16000 to 1:500)
Lot to be
Retained
Lot to be Severed
Plate 2: 2015 Aerial Map
B19-104-7; A19-19-7 - Peter & Ruth Leliveld - 9 Nelson Street, Tillsonburg
Nelson Street
Charles Street
Herford Street
Wellington
Street
Tillson Avenue
Sandy Court
Trans Canada
Trail
Page 32 of 327
Plate 3: Applicants' Sketch B19-104-7; A19-19-7 - Peter & Ruth Leliveld - 9 Nelson Street, TillsonburgPage 33 of 327
Page 34 of 327
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Page 38 of 327
Council Delegation Request
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Please complete the following information if you wish to make a presentation during a regular meeting of
Council.
Meetings are held in the Council Chamber, Corporate Office, 200 Broadway, Second Floor, Tillsonburg.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
Please note the following:
Information provided on this form will be publicly available;
Council meetings are publicly broadcasted and recorded.
Page 39 of 327
First Name *
Kimberly
Last Name *
Earls
Street Address *
4 Elm Street
Town/City *
Tillsonburg
Postal Code *
N4G 0B4
Phone Number *
519-842-6333
E-mail *
kimberly.earls@scorregion.com
Website
www.scorregion.com
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Council Meeting
Date *
June 22, 2020
Subject of Delegation *
Southwest Community Transit
Name(s) of Delegates and Position(s) *
Kimberly Earls
Executive Director
SCOR EDC
Name of Group or Person(s) being
represented (if applicable)
SCOR EDC
I acknowledge Delegations are limited to
fifteen (15) minutes each. *
I accept
Page 40 of 327
Brief Summary of Issue or Purpose of Delegation *
Support of the Memorandum of Understanding for the formation of the Southwest Community Transit
Association.
Will there be a Power Point presentation? *
Yes
No
Please attach a copy of your presentation.
File Name
SCOR SCT Presentation-June-22-2020-Tillsonburg.pdf
618.8 KB
Have you been in contact with a Staff member
regarding the Delegation topic? *
Yes
No
If yes, please list the Staff member(s) you have been working with. *
Kevin De Leebeeck, P.Eng. Director of Operations
I acknowledge that all presentation material
must be submitted to the Clerk's Office by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 41 of 327
Thank You
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 42 of 327
SOUTHWEST COMMUNITY TRANSIT
Page 43 of 327
Background
●Rural Ontario Institute, former SWEA, SCOR EDC identify and advocate for
community transportation
●Communities across the Province started to develop in town services and express
need for community transportation
●SCOR EDC –advocacy with Province
●MTO hosts rounds of transportation stakeholder meetings
●2015/2016 Ontario Healthy Communities Coalition (OHCC), and Rural Ontario
Institute (ROI), receive funding support from MTO to facilitate the Ontario Community
Transportation Network (OCTN).
●2016/2017 MTO first round of funding in support of CT
●2018/2019 MTO pilot project funding for CT
Page 44 of 327
OCTN/ ROI/ SCOR EDC
●Ontario Community Transportation Network (OCTN), Rural Ontario Institute and SCOR
EDC continue to collaborate and connect regarding community transportation
●2018-2019 SCOR EDC facilitates and coordinates rural transportation to support
economic development and foster stronger infrastructure for workforce, business and
residents
●October 2019 SCOR EDC engages Dillon Consulting to facilitate next phase of inter-
community connections
●Communities that receive CT Funding from Province – such as Town of Tillsonburg
become more connected and information sharing becomes consistent
●Town of Tillsonburg Staff (Alex Piggott) take a leadership role within the
operations group
Page 45 of 327
Project Specific Coordination
•Communities become more connected by sharing information and reaching out
to each other. •Coordinated efforts are undertaken by several municipalities across the region
connecting services •Continued coordination of overall needs by SCOR EDC •Seek ways to leverage investments & create sustainable services •SWO meeting hosted by SCOR EDC in 2017 – furthers conversation and
connection of communities •SWO meetings in May 2018, Novemeber 2018 •May 2019 and October 2019 •Development of wider model for assocation and draft MOU February 2020 •May 7, 2020
Page 46 of 327
Initial Inter-Community Transit Network Map
Development
Page 47 of 327
Further Coordination Efforts
•Further goals of the coordination:
•use of similar technology for services and potentially joint procurement process.
•Coordinate marketing and promotions to leverage economies of scale in obtaining marketing resources.
•Common messaging, rather than competing with each other for ridership.
•Common website for riders to obtain information on the systems (fares, stop locations, policies).
•Joint procurement of transit advertising to generate an additional revenue source (on bus advertising, transit shelters and transit benches).
•Similar fare structures and transfer policies between systems to allow riders to continue to travel.
•Similar policies for accessibility to ensure a seamless service throughout Southern Ontario
•Explore the use of Google Transit for trip planning throughout the service area.
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Technical Coordination Efforts
•conversations about common issues and common goals.
•The group consisted of technical partners and those in more senior roles. Communities represented around the table :
•RideNorfolk-Norfolk County-current operating
•T:GO-Town of Tillsonburg •Municipality of Strathroy Caradoc •GOST-Guelph Owen Sound Transportation •County of Middlesex •County of Perth and City of Stratford
•Lambton Shores
•County of Brant
•Most groups have project specific committees with the local Municipalities they are operating in.
•The technical representatives of this group talk weekly to continue to develop the system and share ideas.
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Success in Coordination
•Utilizing each membes strength and skill sets to benefit the wider group. •Leverage expertise and resources •Development of common systems and rider experience •An example of this is Town of Tillsonburg and Ride Norfolk Marketing
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Coordination Efforts Support
Seamless System for riders
•Working with all of the Community Transit Project coordinators in Southern
Ontario, the current objectives are to ensure:a seamless system from the
perspective of the rider getting on the bus, where possible:
Similar style of vehicle
Similar decals on vehicle
Similar uniformed drivers
Similar fare structure and revenue management
Similar advertising and promotions marketing
Routes and schedules align where possible,
Similar fare structures and transfer policies between systems to allow riders to continue to travel
Development of bus stop signs.
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Further Coordination Efforts
•The group created a draft logo for consideration of the wider group
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Potential of Community Transit Network
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The Model
•While Municipalities continue to be able to function within the terms of their
own agreements with the Province.
•Municipalities retain independent brand but also become part of a larger more
powerful network brand
•Three levels of operation within the model:
•Executive
•Technical
•Stakeholder
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Model of Working Together
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The Future of the Community Transportation
•Funding for Inter- Community Transit projects end March
2023.
•Projects are required to submit a sustainability plan to the
Province prior to March 2023.
•Connecting the Southwest, MTO Draft Transportation Plan
for Southern Ontario has suggested more opportunities for
public transit.
•As a coordinated group, we believe can rely on one another
for expertise, increased purchasing power where applicable,
and support in policy development and consistent operations
•Powerful Advocacy for sustainable community transportation
that works for our municipalities, communities and residents.
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Questions?
Kim Earls
Kimberly.Earls@scorregion.com
Page 57 of 327
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Page 59 of 327
Report No: PW 2020-21
PUBLIC WORKS
Council Date: June 10, 2020
Page 1 of 6
To: Warden and Members of County Council
From: Director of Public Works
Transitioning the Municipal Blue Box Program to Full
Extended Producer Responsibility
RECOMMENDATIONS
1. That Oxford County Council adopt the recommended transition of Oxford’s
municipal Blue Box program to Full Extended Producer Responsibility in 2025 for
the service areas in the Towns of Ingersoll and Tillsonburg and Townships of
Blandford-Blenheim, East Zorra-Tavistock, Norwich and Zorra;
2. And further, that as service partners, the City of Woodstock and Township of
South-West Oxford Councils endorse their stated preference to transition the
municipal Blue Box program to Full Extended Producer Responsibility in 2024 for
their respective service areas;
3. And further, that Oxford County Council authorize staff, in collaboration with the
City of Woodstock and the Township of South-West Oxford, to explore the potential
viability of providing contract management services for curbside collection
services, on behalf of the Producers, to facilitate service delivery continuity after
Blue Box program transition;
4. And further, that Oxford County Council authorize staff, in collaboration with the
City of Woodstock and the Township of South-West Oxford, to consider ongoing
provision of transfer station services for curbside recycling materials, on behalf of
the Producers, after Blue Box program transition;
5. And further, that Report No. PW 2020-21 be forwarded to Area Municipalities, the
Association of Municipalities of Ontario and the Ontario Ministry of Environment,
Conservation and Parks.
REPORT HIGHLIGHTS
The purpose of this report is to seek Council authorization of staff’s recommendation to
transition Oxford’s municipal Blue Box program to Full Extended Producer Responsibility
(EPR) on May 4, 2025, in accordance with the provincial direction to transition the Ontario
municipal Blue Box program over a phased three year period (2023 – 2025). This preferred
transition date aligns with the expiration dates of the current County curbside collection and
recycling processing contracts.
Page 60 of 327
Report No: PW 2020-21
PUBLIC WORKS
Council Date: June 10, 2020
Page 2 of 6
Municipal service partners can opt to bid on future recycling services (i.e. contract
management, collection, haulage to processors) on behalf of the Producer, and decide
whether/how their existing assets may be part of their service bids. Accordingly, staff are
recommending that the benefits of maintaining ongoing contract management involvement be
further explored for the purpose of curbside service delivery continuity and integration after
transition in 2025.
Blue Box program transition details are not yet fully known and uncertainty remains around
the effectiveness of the new program in achieving higher waste diversion rates and overall
cost savings.
Implementation Points
Staff will continue to participate in ongoing stakeholder consultations with the Ministry of
Environment, Conservation and Parks (MECP) regarding the new full EPR framework for the
Blue Box program. The Minister of Environment, Conservation and Parks has directed
Stewardship Ontario (SO) to develop the transition plan. The transition plan is to be submitted by
SO to the Resource Productivity and Recovery Authority (RPRA) by August 31, 2020.
Upon County notifications of City of Woodstock and Township of South-West Oxford (SWOX)
Council endorsements of a preferred transition date of 2024 for their respective recycling service
areas (as per preferences of their staff), the County will formally submit this information to MECP
(and copy to the Association of Municipalities of Ontario (AMO)) along with the County’s
transition date preference. The submission would also include any potential interest by either the
County, the City of Woodstock and/or SWOX to provide ongoing recycling services on behalf of
the Producer after program transition.
Under the Waste Diversion Transition Act, 2016, the RPRA is the regulator mandated by the
province to enforce the province’s circular economy laws. The RPRA anticipates reviewing,
consulting on and approving the transition plan by December 31, 2020. In parallel, through input
from the RPRA, the province is anticipated to release its draft regulation for comment later in
2020.
Staff will be reporting back to County Council throughout this process as more information
becomes available.
Financial Impact
There are no financial impacts associated with the recommendations contained in this report.
The long-term financial impact of transitioning the Blue Box program to full EPR is not known at
this time. However, EPR may ultimately eliminate the financial burden on municipalities
associated with program delivery and variable end-markets.
The Treasurer has reviewed this report and agrees with the financial impact information.
Page 61 of 327
Report No: PW 2020-21
PUBLIC WORKS
Council Date: June 10, 2020
Page 3 of 6
Risks/Implications
There are no risks or implications associated with the adoption of this report.
Strategic Plan (2015-2018)
County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting
held May 27, 2015. The initiative contained within this report supports the Values and Strategic
Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions:
1. i. A County that Works Together – Strengthen, diversify and broaden the economic/prosperity
base through:
- Strategies to retain and support existing businesses and grow our green economy
3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and provincial
policy with implications for the County by:
- Advocating for fairness for rural and small urban communities
- Advocating for federal and provincial initiatives that are appropriate to our county
3. iii. A County that Thinks Ahead and Wisely Shapes the Future - Demonstrated commitment to
sustainability by:
- Ensuring that all significant decisions are informed by assessing all options with regard to
the community, economic and environmental implications including:
o Potential impacts to the vulnerable population in our community
o Responsible environmental leadership and stewardship
o Supporting the community implementation of the Community Sustainability Plan
DISCUSSION
Background
The Province of Ontario’s planned transition of the Blue Box program to full EPR was presented
to County Council in Report No. PW 2019-44. This program is intended to make stewards
(producers of products and packaging) fully responsible for the funding and operation of
residential recycling in the province under the Resource Recovery and Circular Economy Act,
2016 and accountable for the entire product management lifecycle from “cradle to grave”.
This approach is believed to further promote waste diversion by increasing producer
accountability for the full life of their products and creating an expanded recycling economy
across the province along with a more consistent standard list of materials that can be recycled
and utilized by end markets. This program is also intended to migrate the costs associated with
recycling waste from being a municipal responsibility to a more consistent responsibility from a
broader provincial perspective.
The transition of individual municipal Blue Box programs to full producer responsibility is planned
to be phased in over three years (2023 to 2025) with a rolling total of up to one-third of provincial
municipal programs transitioning annually.
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In this regard, County Council received correspondence (Attachment 1) from AMO at the January
8, 2020 Council meeting and referred to staff for a report. The AMO correspondence requested
County Council to pass a resolution namely pertaining to Oxford’s preferred date of Blue Box
program transition and potential level of interest to provide ongoing services (e.g. contract
management, collection, haulage to end processors, recycling transfer station services etc.) on
behalf of the Producers after the transition date.
Comments
Municipal Working Group Discussions
Oxford County and the City of Woodstock participate as part of a Municipal Working Group
established by the Province and have been involved in on-going discussions to provide the
Province with feedback on what should be included in the new Regulation that will define how the
new Producer-run Blue Box program will work. The input from municipalities is key to ensuring
that the transitioned Blue Box program is affordable for Producers, workable for the waste
processing sector, and effective and accessible for residents.
The Municipal W orking Group sessions with MECP are still on-going and provide opportunities
for stakeholders to educate the Ministry on existing program systems, the potential impacts of
program changes based on their overall industry knowledge, and expertise. While the Province
is inclined to maintain current service levels throughout the province, consideration around
alternative collection services is being discussed.
Additionally, discussions to date indicate that the new program will require Producers to provide
blue box services to the residential sector only and that any related services performed for BIAs,
schools and possibly multi-residential properties will be done at the cost of municipalities.
The level of uncertainty around the transitioning program will continue until the Province releases
its draft regulation later in 2020.
Municipal Blue Box Program Transition Timing
Staff are recommending a preferred transition date of May 4, 2025 for Oxford’s municipal Blue
Box program for the currently serviced areas of the Towns of Ingersoll and Tillsonburg and the
Townships of Blandford-Blenheim, East Zorra-Tavistock, Norwich and Zorra. This transition date
aligns with the expiration of the County’s current contracts for curbside collection of
garbage/recycling and recycling processing by third party service providers. An earlier transition
date would result in financial loss by the County with contractual requirements for payment of
early termination fees.
Staff has had informal discussions with the Township of South-West Oxford (SWOX) and City of
Woodstock staff regarding transition preferences of Blue Box program services they are currently
performing under contract to Oxford County. At present, both the City of Woodstock and SWOX
expressed a desire to transition in 2024. Accordingly, staff are recommending that City of
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Woodstock and SWOX Councils endorse a preferred transition date of 2024 for these respective
recycling service areas.
The above proposed transition dates will be used by the Province to determine an ideal transition
timeline for all municipalities across Ontario and determine whether certain years between 2023
and 2025 are over or under subscribed. Should the desired annual transition of municipal Blue
Box programs be too imbalanced, the Province may need to retain a third-party expert to develop
a methodology to further manage the ultimate transition timing of municipal Blue Box programs.
Transitioning of Municipal Blue Box Program Assets
Municipalities across Ontario have made significant investments in facilities and equipment to
collect, sort, transfer and process blue box materials. As Producers develop an efficient
province-wide collection system, some municipal infrastructure may no longer be needed. In
order to manage transitioning of municipal assets, municipalities (if interested) will be afforded
the ability to bid fairly on future recycling services (i.e. contract management, collection, haulage
to processors, recycling transfer station) on behalf of the producer and decide whether/how their
existing assets may be part of their service bids.
The County does not own any capital assets related to curbside collection of garbage and
recycling and/or recycling processing that would be stranded as a result of the blue box transition
to full EPR. The County currently operates a recyclables transfer station at the Oxford County
Waste Management Facility and oversees the haulage of recyclables from this location to an out-
of-County end processor. Staff are recommending that the benefits of maintaining ongoing
contract management involvement and/or recycling transfer station services be further explored
for the purpose of curbside service delivery continuity and integration after the proposed
transition in 2025.
In contrast, SWOX and the City of Woodstock own and operate fleet which is currently used for
curbside recycling collection under service contract to Oxford County which must be considered
through the proposed transition. In addition, as part of their service contract with Oxford County,
the City of Woodstock operates a recycling transfer station and oversees the haulage of blue box
recyclables from this location to an out-of-County end processor. Both SWOX and the City of
Woodstock have indicated potential interest in providing ongoing recycling services (such as
recycling collection, transfer station, and contract management) within their respective service
areas, on behalf of the Producer, after their preferred transition in 2024.
Ongoing collaboration between Oxford County, SWOX and the City of Woodstock regarding the
above noted municipal assets and potential future interests in post-transition recycling service
provision would be of benefit to best integrate ongoing curbside service delivery continuity to all
County-wide residents.
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Conclusions
Staff have confirmed preferences to transition the current Blue Box program service areas in the
City of Woodstock and the Township of South-W est Oxford to Full Producer Responsibility in
2024 while the remaining service areas in Oxford County transition in 2025. This is to best align
existing curbside collection and/or processing contract expiration dates and remaining service life
of municipal fleet vehicles currently utilized for recycling collection.
Post-transition municipal recycling service provision, on behalf of the Producer, should be further
considered and integrated to the greatest degree possible to explore potential benefits and
ensure ongoing curbside service delivery continuity.
SIGNATURES
Report Author:
Original signed by:
Andrea Hughes
Coordinator of Waste Management
Departmental Approval:
Original signed by:
David Simpson, P.Eng., PMP
Director of Public Works
Approved for submission:
Original signed by:
Larry J. McCabe, B.A., A.M.C.T.
Interim Chief Administrative Officer
ATTACHMENTS
Attachment 1: AMOs request letter January 8, 2020 “Call for Action to Pass a Resolution about
Transition of the Blue Box to Full Producer Responsibility”
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1
Angie Ferrell
To:Peter Crockett
Subject:RE: Call for Action to Pass a Resolution about Transition of the Blue Box to Full
Producer Responsibility
From: AMO President <amopresident@amo.on.ca>
Date: December 18, 2019 at 6:38:52 PM EST
Subject: Call for Action to Pass a Resolution about Transition of the Blue Box to Full Producer Responsibility
Dear Mayor/Head of Council:
RE: Call for Action to Pass a Resolution about Transition of the Blue Box to Full Producer
Responsibility
I would ask your Council to pass a resolution outlining your municipal government’s preferred
date to transition your Blue Box program to full producer responsibility if provided the
opportunity to self-determine (between January 1, 2023 and December 31, 2025). While the
Province has not yet determined what mechanism will be used to choose when municipalities
will transition, AMO believes your Councils are in the best position to decide when the best time
to transition your Blue Box program is based on your specific circumstances (e.g. assets,
contracts, integrated waste management system).
AMO is asking that a Council resolution be passed by June 30, 2020, be directed to AMO
and the Ontario Ministry of Environment Conservation and Parks, that specifies:
1. Your Council’s preferred date to transition based on exiting service provision (between
January 1, 2023, and December 31, 2025);
2. Rationale for transition date;
3. Whether your municipal government is interested in potentially continuing to provide
services (e.g. contract management, collection, haulage processing services etc.) or not;
and,
4.Key contacts if there are any follow-up questions.
NOTE: Your Council’s stated preference may not be the final determination of your
transition date, nor are you obligated in any way by the date that is specified. Please read
the rationale for self-determination (Attachment 1), and the example resolution (Attachment 2)
for more details.
Thank you for your attention and assistance in this matter. If you have any questions or require
further information, please contact Dave Gordon, Senior Advisor, at 416 389 4160 or
dgordon@amo.on.ca or Amber Crawford, Policy Advisor, at 416 971 9856 extension 353 or
acrawford@amo.on.ca.
Sincerely,
Jamie McGarvey
AMO President
Report No. PW 2020-21
Attachment No. 1
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2
Mayor of Parry Sound
Attachment 1: Background on Transition to Full Producer Responsibility
Attachment 2: Example Resolution on Transition to Full Producer Responsibility
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200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada | Tel: 416.971.9856 | Fax: 416.971.6191 | Toll-Free in Ontario: 1.877.426.6527 | amo@amo.on.ca
December 18, 2019
Attachment 1:
Background on Transition to Full Producer Responsibility
Municipal governments have been advocating for over a decade for producers to have full fiscal
and operational responsibility for end of life management of their packaging, printed paper and
paper products. Producers are best positioned to reduce waste, increase the resources that are
recovered and reincorporated into the economy and enable a consistent province-wide system
that makes recycling easier and more accessible.
In August 2019, Minister Yurek announced that municipal Blue Box programs will be
transitioned to full producer responsibility over a three-year period based on the
recommendations from the Special Advisor’s report titled, “Renewing the Blue Box: Final report
on the blue box mediation process.” Municipal governments played a key role in helping to
develop the recommendations within this report. These recommendations broadly reflected the
positions advocated by AMO and there was also a great deal of alignment with producers on
how the Blue Box should be transitioned.
The municipal transition is proposed to occur between 2023 and the end of 2025, as shown in
the table below:
Date Description
Sept. 2019 →
Dec. 2020
Blue Box wind-up plan developed for Stewardship Ontario
Development of a Regulation under the Resource Recovery and
Circular Economy Act, 2016
Jan. 2021 →
Dec. 2022
Producers prepare to assume control and operation of system and
work with municipal governments and service providers
Jan. 1, 2023 →
Dec. 31, 2025
Transition of individual municipal Blue Box programs to full producer
responsibility. Occurs in phases over three years with a rolling total of
up to one-third of the Provincial program transitioning annually
The Minister wants to ensure that the transitioned Blue Box system is affordable for producers,
workable for the waste processing sector, and effective and accessible for residents. AMO and
municipal representatives are involved in the consultation process to develop a new regulation
for the Blue Box. The Province’s intent is to finalize a Regulation by the end of 2020.
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200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada | Tel: 416.971.9856 | Fax: 416.971.6191 | Toll-Free in Ontario: 1.877.426.6527 | amo@amo.on.ca 2
AMO staff held in-person workshops on the Blue Box transition across the Province through
October and November 2019 to discuss this topic with municipal waste management staff. Over
165 staff and elected officials attended the sessions in Vaughan, London, Smiths Falls, North Bay
and Dryden. The workshops provided an opportunity to engage directly with our sector to build
understanding about this transition process and the level of engagement from attendees was
excellent.
We also began the discussion about what municipal governments should take into consideration
about how to prepare for this change and what factors might be considered as to when a
Council might want to transition.
HOW YOUR RESOLUTION WILL HELP INFORM THE DISCUSSION:
The resolutions will be used to map out an ideal transition timeline, and determine whether
there are years that are over or under subscribed, as it has been dictated that a rolling total of
up to one-third of Blue Box programs can transition each year. This information will also allow
AMO and the Province to better understand whether there are conflicts. If there are too many
conflicts, the Province may still need to retain a third-party expert to develop a methodology as
to how municipal Blue Box programs will transition.
However, rather than deferring to the Province to retain an expert immediately, we think this
information would provide a good basis for a more informed decision to be made.
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Attachment 2: Sample Resolution
Your Council’s stated preference may not be the final determination of your transition date,
nor are you obligated in any way by the date that is specified. The resolution will be used to
map out an ideal transition timeline, and determine whether there are years that are over or
under subscribed, as it has been dictated that a rolling total of up to one-third of Blue Box
programs can transition each year. This information will also allow AMO and the Province to
better understand whether there are conflicts. If there are too many conflicts, the Province
may still need to retain a third-party expert to develop a methodology as to how municipal
Blue Box programs will transition.
Resolution on Transition to Full Producer Responsibility
WHEREAS the amount of single-use plastics leaking into our lakes, rivers,
waterways is a growing area of public concern;
WHEREAS reducing the waste we generate and reincorporating valuable resources
from our waste stream into new goods can reduce GHGs significantly;
WHEREAS the transition to full producer responsibility for packaging, paper and
paper products is a critical to reducing waste, improving recycling and driving
better economic and environmental outcomes;
WHEREAS the move to a circular economy is a global movement, and that the
transition of Blue Box programs would go a long way toward this outcome;
WHEREAS the Municipality of X is supportive of a timely, seamless and successful
transition of Blue Box programs to full financial and operational responsibility by
producers of packaging, paper and paper products;
AND WHEREAS the Association of Municipalities of Ontario has requested
municipal governments with Blue Box programs to provide an indication of the best
date to transition our Blue Box program to full producer responsibility;
THEREFORE BE IT RESOLVED:
THAT the Municipality of X would like to transition their Blue Box program to full
producer responsibility [month] [date], [year] (between January 1, 2023 and
December 31, 2025).
AND THAT this decision is based on the following rationale:
1.Insert rationale based on analysis of contracts, assets, integrated waste
management system or other considerations (e.g., our collection contract for
Blue Box material expires December 31, 2024 and our processing contract
for Blue Box material also expires December 31, 2024.)
AND THAT the Municipality of X would be interested in providing collection services
to Producers should we be able to arrive at mutually agreeable commercial terms.
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AND FURTHER THAT any questions regarding this resolution can be directed
to Jane Doe, City Manager at xxx-xxx-xxxx or jane.doe@municipalityx.ca
AND FURTHER THAT the resolution be forwarded to the Association of
Municipalities of Ontario and the Ontario Ministry of the Environment,
Conservation and Parks.
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To: Warden and Members of County Council
From: Director of Public Works
Single-Use Plastic Shopping Bags
RECOMMENDATIONS
1. That Oxford County Council receive Report No. PW 2020-22 titled “Single-Use
Plastic Shopping Bags” as information;
2. And further, that Report No. PW 2020-22 be circulated to Area Municipalities for
information.
REPORT HIGHLIGHTS
The purpose of this report is to provide Oxford County Council with an overview of the
issues, complexities and opportunities associated with potential bans of single-use plastic
shopping bags within the County and across the province.
Many proactive education and outreach promotional measures with businesses and the
public can be implemented locally to reduce the reliance on single-use plastic shopping
bags and/or maximize the reuse and recycling of single-use plastic bags currently used by
retail customers.
Staff are supportive of a harmonized Provincial and/or Federal ban on single-use plastic
shopping bags which can be universally implemented in a manner which is fair and
balanced for all impacted businesses and one which serves the overall end goal of reducing
plastic waste and litter.
Implementation Points
Through partnerships within the local business sector, staff will seek to encourage and promote
best management practices around the reuse, recycling and reduction of single-use plastic
shopping bags.
In parallel, staff will further engage with the Retail Council of Canada to support their
consultative efforts with government agencies to develop an appropriate framework for near
term reduction and eventual long term elimination of the distribution and supply of single-use
plastics in a manner which is universal across the province and/or federal level.
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Until which time a ban on single-use plastic shopping bags can be implemented, staff will
pursue further community opportunities to recycle single-use plastic bags and access
convenient collection depots for the same.
Financial Impact
No financial impacts will result from adopting the recommendations contained in this report.
The Treasurer has reviewed this report and agrees with the financial impact information.
Risks/Implications
There are no risks/implications associated with this report.
Strategic Plan (2015-2018)
County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting
held May 27, 2015. The initiative contained within this report supports the Values and Strategic
Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions:
3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and
provincial policy with implications for the County by:
- Advocating for federal and provincial initiatives that are appropriate to our county
3. iii. A County that Thinks Ahead and Wisely Shapes the Future - Demonstrated commitment to
sustainability by:
- Ensuring that all significant decisions are informed by assessing all options with regard to
the community, economic and environmental implications including:
o Responsible environmental leadership and stewardship
DISCUSSION
Background
On March 18, 2019, Bill 82, Single-Use Plastics Ban Act, 2019, received its first reading in the
Legislative Assembly of Ontario. The Bill amends the Resource Recovery and Circular
Economy Act, 2016 to include a plan that identifies measurable targets and sets out timelines
for the immediate reduction and eventual elimination of the distribution and supply of single-use
plastics in Ontario by 2025 and requires the immediate elimination of certain single-use plastics
such as plastic straws, plastic drink stirrers, plastic bags, plastic-lined coffee cups, plastic water
bottles, plastic food containers (rigid polystyrene) as well as foam polystyrene plastics
(styrofoam) products such as clamshell food containers, trays, insulated beverage cups, etc.
The immediate elimination of the “certain” single-use plastics materials noted is proposed to
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come into effect within one year following the date the Single-Use Plastics Ban Act, 2019,
receives Royal Assent.
On June 10, 2019 the federal government outlined the proposed steps to ban harmful single-
use plastics and hold companies responsible for plastic waste. According to the federal
government, every year Canadians throw away over three million tonnes of plastic waste which
consists of up to 15 billion plastic bags along with other single-use or short-lived products and
packaging. The federal government proposed to have this ban in place as early as 2021 and
work with the provinces and territories to introduce standards and targets for companies that
manufacture plastic products to be responsible for the plastic waste.
On October 23, 2019, Council received a presentation from Jurgen van Dijken regarding a
request to ban single-use plastic shopping bags in Oxford County by January 1, 2020. From
this meeting Council referred to staff for a report on this issue.
At the December 12, 2019 Council Meeting for the City of Woodstock, City Council received
Report F1 - Ban of Single-Use Plastic Handled Shopping Bags. City Council direction to staff
included the City’s continued support of the single-use plastic shopping bag ban but deferred
the decision regarding implementation of the ban until the Federal and/or Provincial
governments have announced their decisions and plans for a ban. Additional direction included
supporting a harmonized ban of single-use plastic shopping bags across the province and that
City staff participate in consultations with the government on finding solutions to single-use
plastic shopping bags.
This report was reviewed and endorsed by the Zero Waste Committee during the January 15,
2020 committee meeting.
Existing Bans on Plastic Bags
At a provincial level, Prince Edward Island implemented a province wide ban on single-use
plastics through the Plastic Ban Reduction Act which came into effect on July 1, 2019. The
Provinces of Newfoundland and Labrador and Nova Scotia plan to follow PEI’s lead through
similar Acts which are proposed to come into effect in July and October of this year.
In British Columbia, several municipalities either examined a proposed plastic bag ban and/or
implemented a plastic bag ban between 2018 and 2019. Of those, the City of Victoria lost its
battle in the B.C. Court of Appeal over its ban of single-use plastics as the primary aim for
enacting the ban was the environment and; therefore, approval by the Minister of Environment
was deemed to be required. This Court of Appeal decision has affected all other municipal
plastic bag bans in the Province of British Columbia.
In Ontario, a few municipalities have considered implementing bans on single-use plastic bags
through the use of municipal by-laws (i.e. Town of Fort Frances and Town of Mono) with by-
laws potentially planned to come into force in January, 2021.
While some municipalities have targeted every type of plastic bag, the majority of the proposed
bans center around the single-use plastic shopping bag intended to be used by a customer for
the purpose of transporting items purchased or received by the customer from a business. With
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each ban are exceptions, most of which centre around allowing for the use of plastic bags for
hygienic purposes like the packaging of loose bulk items such as fruit and vegetables, nuts,
grains, frozen foods, meat, poultry or fish, and prescription drugs, among other things.
Authority to Impose a Ban on Plastic Bags
Under Section 11 (2) 5 of the Municipal Act, 2001, S.O. 2001, c. 25 lower-tier and upper-tier
municipalities may pass by-laws on matters pertaining to the economic, social and
environmental well-being of the municipality, including climate change.
However, to date, no Ontario municipalities have by-law enforcement in place to ban single-use
shopping bags as the case law in Ontario appears seemingly undecided. Further, the
practicality of local by-law enforcement in this regard is of concern and may likely be subject to
court challenge. This is likely the reason why many municipalities across Ontario and Canada
(i.e. City of Toronto, Region of Waterloo, Victoria to name a few) have considered similar plastic
bag bans in the past but have not carried forward.
It is important to note that a locally employed ban could only target the commercial retail sector
(where shopping bags are offered and distributed by the local retailer to the customer) in a best
case scenario. Municipalities would not be able to impose such a ban at the producer or
corporate level (i.e. at the source where plastic bags are manufactured) as they lack the
authority or right to block a product, like plastic bags, from production and distribution which
would financially impact manufacturers. Such proposed bans on corporate businesses around
plastic bag manufacturing and distribution could only be directed by provincial or federal
governments which have the appropriate authority.
Viable Alternatives
Many alternatives have been considered to replace or reduce the use of conventional single-use
plastic shopping bags (high density polyethylene), including reusable plastic bags, cloth bags,
plastic totes and paper bags. Each alternative has its advantages and disadvantages as
described in Table 1 below.
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Table 1: Advantages and Disadvantages of Alternatives to Single-Use Plastic Bags
Reusable
Plastic Bag
(LDPE)*
Reusable
Cloth Bag
Reusable
Plastic Tote
(LDPE)*
Paper
Bag
Cardboard
Box
Pros Can be washed
and reused
Can be
washed and
reused
Durable and
reusable
Can be recycled
and re-
manufactured
into alternative
products
Reusable and
can be
recycled
Cons Oil refining by-
product
Higher
environmental
life-cycle energy
required to
manufacture
Landfilled at end
of service life
Common waste
litter item
Higher life-
cycle energy
required to
manufacture
Cannot be
recycled
Higher life-
cycle energy
required to
manufacture
Low durability
Higher life-cycle
energy required
to manufacture
Storage
limitations in
retail
environment
Ergonomic
issues with top-
loading
Storage
limitations in
retail
environment
* LDPE = Low Density Polyethylene
Comments
Education and Promotion of Plastic Bag Alternative Considerations
Staff are supportive of education and outreach promotional measures with businesses and the
public which centers on proactive measures to reducing reliance on / distribution of single-use
plastic shopping bags and/or maximize the reuse and recycling of single-use plastic bags that
are taken away by customers.
Several business already have various initiatives in place which include, but are not limited, to:
Application of customer fee per plastic shopping bag ($0.05 or higher);
Incentive and Reward Programs (i.e. points system) for customer use of plastic bag
alternatives;
In-store single-use plastic bag recycling collection receptors (i.e. Loblaws, Walmart);
Staff training: avoiding practice of double bagging (some items should never be bagged
and/or come in ready to carry packaging) and increase number of items to fill out bag
properly; and
Options for customers to purchase reusable plastic bags, totes or cardboard boxes.
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As per the above, staff can encourage and promote similar best management practices around
the reuse, recycling and reduction of plastic bags through partnerships within the business
sector.
Harmonized Ban on Single Use Plastics with Goal of Reducing Waste
In discussions with the Retail Council of Canada and Loblaw’s, both entities indicated that they
are in full support of banning the use of single-use plastic shopping bags; however, they would
prefer to see a nation-wide and/or province by province ban(s) employed instead of individual
bans exercised on an ad-hoc basis across the Country.
By taking a more harmonized and universal approach, businesses would not be potentially
exposed to differing local municipal by-laws and varying restrictions across the Country which
might effectively introduce certain business disadvantages and an imbalanced competitive
playing field financially.
Some retailers have imposed voluntary plastic shopping bag bans (i.e. Sobeys) as well as
incentive programs to use reusable shopping bags/totes (i.e. Loblaws). As more retailers
reduce their utilization of plastic shopping bags then the associated manufacturing demand for
their production should also lessen. Unfortunately, during the COVID-19 outbreak, many of
these programs have been suspended as part of customer and employee safety implementation
measures.
Municipal Blue Box Program Transition
The Province of Ontario has initiated the transition of municipal curbside Blue Box recycling
Programs to Full Producer Responsibility as detailed in Report No. PW 2019-44 as well as
Report No. PW 2020-21, the latter of which is being presented to Council for their endorsement
at the June 10, 2020 meeting. Producers will be responsible for managing their own products
and packaging material over the full life of the product through this process. However, it is
anticipated that single-use plastic shopping bags will not be part of the designated recycling
materials list that will be standardized for residential curbside collection by Producers after the
transition of the program in approximately 2025. This is consistent with the County’s new
curbside garbage/recycling collection and recycling processing contracts where plastic bags and
plastic film have been removed from curbside recycling collection. Most municipalities across
Ontario have been challenged with limited recycled plastic bag end markets as well as
technological constraints during the separation of plastics from other recycling materials during
mechanical processing.
As plastic bags may ultimately be no longer collected in curbside recycling programs following
the transition, it is anticipated that Producers manufacturing demand of plastic bags will also
lessen. However, it is also possible that for the shopping bags that remain in use, more may
end up going to landfill as customers may experience greater difficulty finding alternative non-
curbside receptors where they can recycle their bags. Further, the ability for customer plastic
bag recycling will be dependent upon the availability of end markets which can effectively
remanufacture these materials into other alternative products (i.e. outdoor furniture, composite
lumber, garden supplies, office supplies, etc.)
.
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Conclusions
Staff recommend that the County further engage with the Retail Council of Canada to support
their consultative efforts with government agencies to develop strategies which will address the
elimination of single-use plastic shopping bags across the province, as well as identify a viable
substitute for plastic shopping bags. In parallel, educational promotion of best management
practices around the reuse, recycling and reduction of single-use plastic shopping bags within
the business sector is warranted.
Until which time a ban on single-use plastic shopping bags can be implemented (i.e. at both the
producer and retailer levels), the onus is on municipalities to manage this waste material. Given
recent changes in recycling markets, the municipal Blue Box Program is no longer a reliable
source to recycle this material (and plastic bags will not likely be collected following the Blue
Box Program transition to Full Producer Responsibility). Therefore, alternative opportunities to
recycle single-use plastic bags should be explored in combination with access to convenient
collection depots.
SIGNATURES
Report Author:
Original signed by:
Pamela Antonio, M.P.A.
Supervisor of Waste Management
Departmental Approval:
Original signed by:
David Simpson, P.Eng., PMP
Director of Public Works
Approved for submission:
Original signed by:
Larry J. McCabe, B.A., A.M.C.T.
Interim Chief Administrative Officer
Page 78 of 327
Report No: PW 2020-23
PUBLIC WORKS
Council Date: June 10, 2020
Page 1 of 6
To: Warden and Members of County Council
From: Director of Public Works
Connecting Southwest Ontario – Intercommunity
Transportation Update
RECOMMENDATIONS
1. That Oxford County Council receive Report No. PW 2020-23 entitled “Connecting
Southwest Ontario – Intercommunity Transportation Update”;
2. And further, that County Council authorize the Chief Administrative Officer and
Director of Public Works to execute the Memorandum of Understanding for the
establishment of the Southwest Transit Association, and participation in the
same, to coordinate the integrated delivery of inter-community bus transportation
services in southwest Ontario;
3. And further, that the South Central Ontario Region Economic Development
Corporation and Western Ontario Wardens’ Caucus be advised of Oxford
County’s support of the Southwest Transit Association;
4. And further, that Report No. PW 2020-23 be circulated to Area Municipalities for
information.
REPORT HIGHLIGHTS
The purpose of this report is to update County Council on the status of Intercommunity
Transportation across Southwest Ontario and the establishment of the Southwest Transit
Association to be comprised of various inter-regional municipalities, including Oxford County
and the Town of Tillsonburg, and facilitated by not-for-profit organizations such as the South
Central Ontario Region Economic Development Corporation.
The Southwest Community Transit Association mandate proposes to coordinate the
integrated delivery of inter-community bus transportation services in southwest Ontario,
share information, innovation and develop best practices, identify economies of scale
through shared purchasing and operating agreements, and act as a common voice to
support long-term sustainable transit funding beyond the term of the current provincial
Community Transportation Grant program which ends in March, 2023.
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Page 2 of 6
Implementation Points
Staff will continue to collaborate and promote the coordination and integration of regional
intercommunity bus transit connectivity amongst many of the municipalities in Southwestern
Ontario who are participating in the Community Transportation Grant Program (CTGP).
Financial Impact
In 2018, through adoption of Report No. CAO 2018-18, Council endorsed $175,000 in the 2019-
2020 budgets to support High Speed Rail Environmental Assessment peer review activities and
Southwestern Ontario transportation advocacy efforts. Subsequently, the Province abandoned
the High Speed Rail Environmental Assessment and committed to seeking practical options for
improvements to passenger and freight rail by utilizing existing rail corridors in Southwestern
Ontario as well as opportunities for inter-community bus transportation solutions that better
support the immediate needs of Southwestern Ontario.
In response, as part of the 2020 budget, Council endorsed reallocation of the $175,000 to
enable strategic participation in any opportunities that might leverage provincial and adjacent
municipal Community Transportation with all participation agreements being subject to Council
approval – as per 2020-04 Budget New Initiative. As well, infrastructure provisions (i.e. paved
bus pullovers) for Intercommunity Transportation were envisioned and approved as part of the
2020 Business Plan and Budget. Other County support to the Intercommunity Transportation
priority involves ongoing in-kind contributions, such as staff time and intercommunity bus stop
sign installations on transit routes along the County road network.
Future County contributions to Intercommunity Transportation will be subject to the annual
Budget and Business Plans approval process.
The Treasurer has reviewed this report and agrees with the financial impact information.
Risks/Implications
There are no risks associated with adoption of the recommendations contained in this report.
Strategic Plan (2015-2018)
County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting
held May 27, 2015. The initiative contained within this report supports the Values and Strategic
Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions:
1. ii. A County that Works Together – Enhance the quality of life for all of our citizens by:
- Adapting programs, services and facilities to reflect evolving community needs
- Working with community partners and organizations to maintain / strengthen public
safety
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2. i. A County that is Well Connected – Improve travel options beyond the personal vehicle by:
- Exploring the feasibility of innovative inter-municipal transportation strategies (E.g.,
- car/ride share)
- Creating, enhancing and promoting the use of an integrated trail and bike path system
- Promoting active transportation
2. ii. A County that is Well Connected – Advocate for appropriate federal and provincial support,
programming and financial initiatives to strengthen the movement of people and goods to,
from and through the County
2. iii. A County that is Well Connected – Strengthen community access and Internet connectivity
3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and
provincial policy with implications for the County by:
- Advocating for fairness for rural and small urban communities
- Advocating for federal and provincial initiatives that are appropriate to our county
DISCUSSION
Background
A number of municipalities, including Oxford County, and organizations, such as the Western
Ontario Wardens’ Caucus (WOWC) and South Central Ontario Region Economic Development
Corporation (SCOR EDC), have been advocating to the province for the development of
sustainable multi-modal transportation in Southwestern Ontario.
These collective efforts led to the province’s release of a draft “Connecting the Southwest”
transportation plan for consultation in January, 2020 as per Report CAO 2020-02 which affords
the ability to further connect communities across Southwestern Ontario to each other as well as
to other larger urban centers and international borders. When finalized, it is hoped that the plan
will serve to build an evolving framework for strategic multi-modal transportation investment in
Southwestern Ontario for years to come.
As well, the above noted advocacy also helped to spur the development of the province’s multi-
year CTGP in 2018 which is intended to support local transit and intercommunity bus service in
areas that are currently unserved or underserved by public transit. Many municipalities across
Southwestern Ontario were awarded CTGP funding in 2019 as shown in Attachment 1,
including the Town of Tillsonburg and several neighbouring municipalities to Oxford County,
including but not limited to Middlesex County, Perth County, Stratford, Simcoe County and
Norfolk County.
The inter-community transportation funding program, which forms part of the draft “Connecting
the Southwest” transportation plan (2020), closely aligns with the People and Goods Movement
strategy goals of the County’s “SouthwestLynx” plan and 2019 Transportation Master Plan to:
Provide and support multimodal choices for commuters including sustainable modes of
travel such as public transit, passenger rail, walking and cycling; and
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Page 4 of 6
Advocate and promote the foundational development of an integrated passenger rail and
intercommunity bus transportation system (“SouthwestLynx”).
The development of a public transportation system that addresses small urban-rural mobility
and connectivity within Oxford County and across the Southwestern Ontario region is vital to our
economic vitality and community wellbeing.
The CTGP has served to enhance the ability of participating municipalities to plan, implement
and operate community transportation services within their communities. Of equal importance,
it also affords a critical first step towards re-establishing several intercommunity connections
across Southwestern Ontario from a regional perspective, many of which have experienced
significant decline in private sector intercommunity service over the last decade.
These connections are vital to quality of life and help to remove barriers that make it difficult for
some Ontarians to reach jobs and participate in the community and access healthcare and
specialized medical services, education and training, social services and programs, urban
transit and intercity rail, air and bus services.
Comments
Integration of Inter-Community Transit Service and Connectivity
Following the provincial announcement of CTGP municipal recipients in 2019, Oxford County
has been collaborating with many of the participating municipalities in Southwestern Ontario to
encourage the integration of local community transit services to broader cross-jurisdictional
intercommunity routes and other transportation systems to bring about a multi-County network
of regional transportation connections and services in unserved or underserved areas.
During this time, both the Town of Tillsonburg and SCOR EDC have demonstrated great
leadership to further collaborate and advance the coordination and integration of regional
intercommunity bus transit connectivity amongst many of the municipalities in Southwestern
Ontario who are participating in the CTGP.
During the initial phase of the CTGP, municipal inter-community transit systems will be required
to provide a basic level of service to the general public involving a fixed-route and fixed-
schedule service for up to five days per week, with two return trips daily where feasible or a
minimum of one return trip per day. This service level is intended to connect local populations
to other municipalities or regions and to major destinations, such as hospitals, employment
centres, or transportation hubs; while ensuring that inter-community routes do not duplicate or
saturate any existing or proposed service routes provided by private carriers or other
municipality-run networks.
The ongoing integration of intercommunity service connectivity will serve to build and/or
enhance local, regional or intercommunity transportation ridership demand, particularly where it
has been historically challenging or not feasible to provide conventional transit service due to
low population size or density.
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Page 5 of 6
Southwest Ontario Transit Association
A large majority of municipalities in Southwestern Ontario who are participating in the current
CTGP expressed a desire to establish a voluntary unincorporated (non-crown) association
known as the Southwest Community Transit (SCT) Association.
The SCT Association mandate proposes to coordinate the integrated delivery of inter-
community bus transportation services in southwest Ontario, share information, innovation and
develop best practices, identify economies of scale through shared purchasing and operating
agreements, and act as a common voice to support long-term sustainable transit funding
beyond the term of the current provincial CTGP which ends in March, 2023.
The SCT Association is meant to function as a non-binding advisory board, for the purpose of
setting direction, providing information and recommending strategies and actions that will
address the above noted mandate. Municipal members of the SCT Association would continue
to have full approval authority over inter-community public transit services they operate in
accordance with their existing CTGP funding agreements with the province.
Oxford County is currently envisioned to become a member of the SCT Association given its
contributions to intercommunity transportation (i.e. infrastructure, ridership promotion, ongoing
advocacy) and ongoing in-kind contributions, such as staff time and intercommunity bus stop
sign installations on routes along the County road network.
Accordingly, staff are recommending Oxford County’s membership to the SCT Association in
accordance with the Memorandum of Understanding shown in Attachment 2. Currently, ten
other municipalities across southwest Ontario are also considering similar membership to the
SCT Association and it is recognized that other municipalities may also choose to join the SCT
Association over time as the transportation network expands.
Governance is proposed to be carried out by municipal members of the SCT Association
through representatives that will form both an Executive Committee and a Technical Committee.
The guiding principles and responsibilities of both Committees are detailed in the Memorandum
of Understanding. Oxford County is currently proposed to be afforded staff representation on
the Executive Committee. As well, any stakeholders with an interest to advance the mandate of
the SCT Association will be able to participate in Committee meetings as appropriate.
Page 83 of 327
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Council Date: June 10, 2020
Page 6 of 6
Conclusions
The inter-community transportation funding program, which forms part of the draft provincial
“Connecting the Southwest” transportation plan, closely aligns with the People and Goods
Movement strategy goals of the County’s “SouthwestLynx” plan and 2019 Transportation Master
Plan.
Recognizing the critical role mobility plays in achieving Oxford’s vision of economic, community
and environmental sustainability, Oxford County supports ongoing and expanded inter-
community bus transportation initiatives, like those of the SCT Association, to encourage
community connectivity (access to employment, social services and shopping, recreation and
entertainment activities, etc.) and to provide feeder service connections to the larger urban
centre bus transit hubs / rail corridors across Southwestern Ontario.
SIGNATURES
Report Author:
Original signed by:
Frank Gross, C. Tech
Manager of Transportation and
Waste Management Services
Departmental Approval:
Original signed by:
David Simpson, P.Eng., PMP
Director of Public Works
Approved for submission:
Original signed by:
Larry J. McCabe, B.A., A.M.C.T.
Interim Chief Administrative Officer
ATTACHMENTS
Attachment 1 – Intercommunity Transportation Grant Funding Municipal Recipients
Attachment 2 – Memorandum of Understanding - Southwest Community Transit Association
Page 84 of 327
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London
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Detroit
Toronto
Meaford
Wingham
Wyoming
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Windsor
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ID MUNICIPALITY TOTAL FUNDING
5 Caledon $500,000
7 Chatham-Kent $500,000
11 Georgina $489,000
12 Grey County $1,850,000
13 Lambton Shores $2,000,000
14 Leamington $265,505
17 Middlesex $1,500,000
19 Norfolk County $765,000
20 Northumberland $497,000
22 Pelham $500,000
23 Perth County $1,449,345
28 Selwyn $1,488,400
29 Simcoe County $445,450
31 Southgate $500,000
33 Stratford $1,449,345
34 Strathroy-Caradoc $1,450,000
36 Tillsonburg $1,457,732
38 Wellington County $499,550
Report No. PW 2020-23
Attachment No. 1
Page 85 of 327
Memorandum of Understanding – Establishment of the Southwest Community Transit Association
(Draft) - Version 1.7 – May 25, 2020
Page 1
Memorandum of Understanding
for the establishment of the
Southwest Community Transit Association
1.0 INTRODUCTION
1.1 Preamble
A group of municipalities and not-for-profit organizations in Southwest Ontario (Members) have come
together to form the Southwest Community Transit (SCT) Association, which is mandated to coordinate
the integrated delivery of inter-community public transportation services in southwest Ontario, share
information and develop best practices, identify economies of scale through shared purchasing and
operating agreements, and act as a common voice to support long-term sustainable transit funding.
The purpose of this Memorandum of Understanding (MOU) is to describe what the municipalities agree
to undertake and how they will go about delivering this mandate. This Memorandum of Understanding
further sets out arrangements and understandings concluded in good faith between all participating
Members.
1.2 Definitions and Acronyms
“Annual Report” means the report prepared by the Executive Committee to all participating Members.
“Association” means the voluntary unincorporated group of Members that have formed under guidance
of a Memorandum of Understand to achieve a common mandate.
“Chair” means a person has been appointed to preside over and direct meetings of the Executive
Committee and Technical Committee.
“Executive Committee” means a committee of senior level representative with decision making
authority from each respective Member that guides the actions taken by the Association.
“Member” means a participating individual municipality or organization that has signed the MOU and is
in good standing.
“MOU” means this Memorandum of Understanding, entered into between all participating
municipalities.
“Technical Committee” means a committee of individuals generally responsible for the day-to-day
operation and delivery of the inter-community public transportation service for each Member that help
assess and implement strategic directions and actions directed by the Executive Committee.
“SCT” means the Southwest Community Transit Association.
Report No. PW 2020-23
Attachment No. 2 Page 86 of 327
Memorandum of Understanding – Establishment of the Southwest Community Transit Association
(Draft) - Version 1.7 – May 25, 2020
Page 2
“Stakeholder” means persons or representatives of organizations or municipalities that have expressed
a vested interest in advancing the “Mandate” of the Association, but are not Members of the
Association.
1.3 Membership
The municipalities and organizations (the Members) that have formed to operate and/or support SCT
are:
Brant, County of (unconfirmed);
Grey County (unconfirmed);
Lambton Shores, Municipality of (unconfirmed);
Middlesex County (unconfirmed);
Norfolk County (unconfirmed);
Owen Sound, The City of (unconfirmed);
Oxford, County of (unconfirmed);
Perth County (unconfirmed);
Stratford, the City of (unconfirmed)
Strathroy-Caradoc, Municipality of (unconfirmed); and
Tillsonburg, Town of (unconfirmed).
Membership to the Association and the ability to vote on directions set by an Executive Committee will
be limited to:
1. Municipalities that operate or fund the operation of an inter-community public transportation
service within Southwestern Ontario.
2. Municipalities that provide ongoing funding or in-kind support that is considered integral to the
planning and delivery of an inter-community public transportation service operated by another
municipality within their jurisdiction. This could include pre-purchased fares, infrastructure
provisions or in-kind contributions.
3. Organizations that provide ongoing funding or in-kind services that are integral to the operation
of an inter-community public transportation service.
4. The South Central Ontario Region Economic Development Corporation, which does not operate
or fund an inter-community public transportation service, but will leverage its network and
provide resources to operate the Association.
The scope and nature of the public transportation service delivered by each Municipal Member is
decided by each Member and varies substantially.
It is recognized that other municipalities and organizations may choose to join the SCT Association and
may be added to the current Membership based on the above noted criteria. New Membership into the
Association would be decided by an Executive Committee by vote.
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Memorandum of Understanding – Establishment of the Southwest Community Transit Association
(Draft) - Version 1.7 – May 25, 2020
Page 3
1.4 Effective Date and Duration
This MOU and any amendments are in effect on the date they are signed by the Members and remain in
effect until a replacement MOU is signed by all Members or until all Members agree to dissolve the
Association.
1.5 Amendments and Termination
The Members agree to review the terms of the MOU every three (3) years, or at any other time upon
agreement by vote of Members on the Executive Committee. This MOU will automatically extend for up
to three (3) additional one year terms. At any point an existing Member can agree to leave the
Association by providing at least three (3) months termination notice in writing to the Chair of the
Executive Committee.
Amendments to the MOU will be in writing, dated and signed by the Members, including those which
have the authority to bind their respective municipal organizations and all be directed to execute such
amendments by their respective municipal Councils or an organization’s Board. Once signed,
amendments will be attached to, and form part of this MOU.
As of three (3) years after the signed date of the agreement, an individual Member may terminate
their participation in this MOU by giving written notice at least three (3) months prior to this date.
A decision to terminate the Association could only be made by the Executive Committee by vote. The
decision to terminate the Association would be in writing, dated and signed by Members in the
Executive Committee.
2.0 MANDATE
Each Member has agreed to establish an Association to be known as Southwest Community Transit
(SCT). SCT is a voluntary unincorporated Association comprised of Members that will function as a non-
binding advisory board to fulfil the following mandate:
Provide a seamless and integrated customer experience for passengers using each of the
Member inter-community public transportation services;
Promote inter-community connections between the Member public transportation services;
Identify and share best practices, operating and ridership data and Key Performance Indicators
(KPIs) to be used in the planning and delivery of inter-community public transportation services;
Identify potential operating efficiencies and capital savings that may arise from Members
pooling their resources or purchasing as a single entity;
Present a unified voice to the Province of Ontario and other key stakeholders with regards to
matters that deal with the long-term sustainability of inter-community public transportation
service in Southwestern Ontario.
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Page 4
The Association will function as a non-binding advisory board, for the purpose of setting direction,
providing information and recommending strategies and actions that will address the above noted
Mandate. Members will continue to have full approval authority over inter-community public transit
services they fund and operate.
3.0 MEMBER RESPONSIBILITIES
In order to participate in the Association, each Member is responsible for the following:
Operate and maintain a safe, reliable and accessible inter-community public transportation
service within their jurisdiction or support the planning and delivery of inter-community public
transportation services through either ongoing funding, pre-purchased fares, infrastructure
provisions or in-kind contributions that are considered integral to the operation of the service;
Designate a senior level representative with decision making authority to participate in the
Association Executive Committee;
Designate an individual responsible for day-to-day operation/management of the Member’s
inter-community public transportation service to participate in the Association Technical
Committee (Members that operate an inter-community public transportation service only);
Actively participate in Association activities, including Committee Meetings, working groups that
may be established from time to time, community outreach and engagement, and liaison with
senior levels of government and other stakeholders;
Share relevant data and information necessary for the successful operation of the Association
and any of the initiatives that it undertakes (subject to privacy legislation);
Implement and follow the directions, actions, standard terms, policies and procedures that may
be established by the Association1.
4.0 ASSOCIATION GOVERNANCE
Members of the Association will identify a representative that sits on both an Executive Committee and
a Technical Committee.
1 Decisions made by Association will have status for actions that advance the “Mandate” of the Association for
inter-community public transit and that do not require additional funding commitment from an individual Member
municipality(s) or Member Organization(s). Decisions that that impact transit services entirely within the
jurisdiction of one municipality or that require additional funding from Members would continue to require
approval at individual Municipal Member councils and Organizational Boards.
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Page 5
4.1 Executive Committee
The Association will be governed by an Executive Committee made up of a single senior level
representative selected by each Member that has signing authority from each respective Member.
4.1.1 Guiding Principles
The Executive Committee will be guided by the following set of principles:
Customer-focused;
Integrated/seamless service throughout the area served by the Members;
Respect existing local decision-making authority, collective agreements, service plans and fiscal
circumstances;
Fiscal responsibility;
Openness to unconventional and leading edge approaches to customer service, management,
and service delivery; and
Long-term sustainable operation of inter-community public transportation services within and
between each Member community.
4.1.2 Responsibilities
The Executive Committee is responsible for:
Deciding and prioritizing what directions, activities and actions the Association wishes to
undertake;
Establishing and maintaining standard operating terms, policies and procedures as required;
Establishing and maintaining the SCT brand, including logo, brand value statement, and brand
and logo usage guidelines;
Overseeing the SCT Technical Committee and any other committees or working groups that may
be established from time to time;
Overseeing the coordination of SCT marketing and communication activities;
Overseeing government relations and advocacy to senior levels of government as it relates to
inter-community public transportation;
Acting as a unified voice for public transportation for the Members;
Coordinating the preparation of any necessary agreements required between two or more
Members for the implementation of any initiatives that the Association or a group of its
members may wish to undertake;
Reviewing requests to add new municipal or organization members into the Association from
time to time, that meet the requirements of Membership by amending the MOU;
Amending the MOU from time to time to improve the operations of the Association or to better
fulfil the Mandate; and
Preparing a report for Association Members each calendar year (see Section 8.0).
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Page 6
4.1.3 Meetings
The Executive Committee will meet as required, but at a minimum of four times per calendar year.
Meetings can be in person or virtual as appropriate, however, a full in person meeting should be held at
least once per calendar year.
4.1.4 Chair and Vice Chair
A member from the South Central Ontario Region Economic Development Corporation (SCOR EDC) will
serve as Chair of the Executive Committee. The Chair will be selected by the Executive Committee by
vote from a list of candidates identified by the SCOR EDC Board.
The Chair is a non-voting Member of the Executive Committee that brings a broader and strategic
perspective to setting the agenda. The Chair will also act as a neutral third-party that is not tied to the
interests of one individual Member municipality. SCOR EDC represents the broader regional interest
and has a long history of bringing together a number of municipalities to increase the profile of inter-
community transportation in southwest Ontario.
The Chair will have the following responsibilities:
Set the agenda and chair meetings of the Executive Committee;
Ensure all actions taken by the Executive Committee feed into the broader SCT Mandate;
Provide dispute resolution that may occur between Members;
Lead the periodic review of the MOU; and
Prepare an Annual Report of the activities and outcomes of the Association.
A Vice Chair of the Executive Committee will be selected by vote from among the SCOR EDC Board or a
voting Member of the Executive Committee. The role of the Vice Chair will be to support the Chair and
act on the Chair’s behalf when the Chair is not available. The Vice Chair will not have voting rights when
he/she is acting in the capacity of the Chair.
The Chair and the Vice Chair shall be selected by the Executive Committee annually, with no individual
servicing more than three consecutive terms.
4.1.5 Decision Making and Voting Rights
Decisions of the Executive Committee are to be reached through unanimous consensus of the Members
by vote. Decisions made by the Executive Committee will have status in the Association for actions that
advance the “Mandate” of the Association for inter-community transit and that do not require an
additional funding commitment from an individual Member. Decisions that impact transit services
entirely within the jurisdiction of one municipality or that require additional funding from Members may
require approval at individual Municipal Member councils and Organizational Boards.
Notwithstanding the above, decisions by the Executive Committee are non-binding and Member
Councils will continue to have the decision-making authority to accept or reject the advice of the SCT
Executive Committee.
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Page 7
Members of the Executive Committee will each receive one (1) vote for decisions passed by the
Executive Committee. Members may, from time to time, send more than one representative to an
Executive Committee meeting, recognizing that only one (1) representative from each Member will have
voting rights.
If more than one representative from a Member participates on the Executive Committee, only will of
the representatives from that Member will receive voting rights.
4.2 Technical Committee
The Executive Committee will be supported by a Technical Committee. Each Member will appoint one
person to the Technical Committee. This person will be the individual generally responsible for the day-
to-day operation and delivery of the inter-community public transportation service for each Member.
The Technical Committee representative can also be the Member representative on the Executive
Committee. This will be at the discretion of each Member.
4.2.1 Responsibilities
The Technical Committee is responsible for:
Implementing the directions, activities, actions, operating terms, policies and procedures
established by the Executive Committee;
Coordinating the day-to-day activities of SCT;
Addressing various topics and issues as they arise; and
Identifying a Chair and Vice Chair of the Technical Committee to lead discussions and report
back to the Executive Committee at each of the quarterly meetings or as required.
4.2.2 Meetings
The Technical Committee will meet as required, but at a minimum of four times per calendar year.
Meetings can be in person or virtual as appropriate, however, a full in person meeting should be held at
least twice per calendar year.
4.2.3 Chair and Vice Chair
A Chair and Vice Chair of the Technical Committee will be selected from among the Committee’s
members annually. Meeting notes will be taken by the host of the meeting (the Member initiating the
virtual meeting arrangements or hosting the physical meeting).
4.2.4 Decision Making and Voting
If at all possible, decisions of the Technical Committee are to be reached through consensus of the
Members. If this cannot be obtained, then a vote of Members will occur, with a simple majority being
required for a decision. Meeting quorum will be a simple majority of the Members.
4.3 Stakeholder Group
The Executive Committee or Technical Committee are able to invite Stakeholders to participate in
meetings held by either the Executive Committee or the Technical Committee from time-to-time that
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have expressed a vested interest in advancing the “Mandate” of the Association, but are not Members
of the Association.
Stakeholders can include:
Municipalities that are serviced by a Member inter-community transit system, but do not
operate or contribute funding or significant in-kind services to inter-community public
transportation;
Private businesses, not-for-profit organizations or associations who have employees, customers
or clients that would benefit from improvements to inter-community public transportation
provided by a Member(s) of the Association; and/or
Industry associations that represent the broader public interest and can leverage its networks to
promote the “Mandate” of the Association (e.g. representing the public transportation industry
or rural municipal needs).
Stakeholders that participate in meetings held by the Executive or the Technical Committee will be
expected to:
Provide input to the Technical Committee when developing or implementing directions,
activities, actions, operating terms, policies and procedures established by the Executive
Committee;
Provide feedback and participate in Executive Committee discussion when requested; and/or
Contribute to the advancement of the “Mandate” of the Association.
Members of the Stakeholder Group will not have voting rights on the Association.
Annual Membership fees do not apply to Stakeholders.
5.0 OPERATIONS OF THE ASSOCIATION
The Operation of the Association will be led by the South Central Ontario Region Economic Development
Corporation (SCOR EDC). SCOR EDC will be responsible to:
Provide administrative functions to the Executive Committee regarding the on-going operation
of the Association. This includes but is not limited to:
o organizing and providing a suitable meeting space or arranging on-line alternatives;
o taking and distributing minutes during Executive Committee meetings;
o addressing amendments to the MOU;
o addressing requests from Members to leave the Association or new municipalities or
organizations to join the Association;
Identifying candidate from the Board that will be selected by vote to Chair the Executive
Committee;
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Prepare an Annual Report of the activities and outcomes of the Association;
Write grants or other funding applications as directed by the Executive Committee that would
benefit inter-community public transportation of Members of the Association;
Provide dispute resolution that may occur between Members; and
Lead the periodic review of the MOU.
The Chair of the Executive Committee will, from time to time, be able call on other Members of the
Executive Committee to assist in carrying out the above noted responsibilities using in-kind resources
from each Member municipality.
6.0 MEMBER FEES
Each Member of the Association will agree to pay annual fees, which will used to fund the Operations of
the Association as noted in Section 5.0.
Members that are also members in good standing of SCOR EDC will have their annual fees for SCT
covered by their SCOR EDC membership.
All other Members that are not members in good standing of SCOR EDC will pay annual fees of $2,000.
Membership fee will be reviewed from time to time by the Executive Committee.
Annual fees are due on the 1st of January each year, and will be in place for one full year. For members
of SCOR EDC, Members must be in good standing of SCOR EDC for the duration of the MOU. A pro-
rated Members fee will be determined upon the ratification of this MOU, or for Members that join
during other times of the year.
Annual fees for subsequent years will be due to SCOR EDC 14 days prior to the annual Membership
coming due. Fees not paid in full within the agreed to timeline may result in suspension or termination
from the Association, as determined by the Executive Committee by vote.
7.0 ASSOCIATION RESPONSIBILITIES
The Members will work, through the Association, to address the following responsibilities:
Brand: Maintain the SCT name, brand and logo, including a brand value statement, and brand
and logo usage guidelines. The logo for SCT is identified in Schedule A of this document. Apply
the brand and logo in all relevant contexts according to the usage guidelines – this includes on
fleet, bus stops, web-based and other electronic materials, and printed materials.
Marketing and Communications: Support Member transit services by developing
communications, marketing and promotional activities that promote inter-community transit
services and generate awareness to potential customers.
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Website: Develop and maintain an SCT website which provides links to all Member inter-
community transit services and direct information on the Association mandate and activities
relevant to the public or other stakeholders.
Bus Stop Identification: Utilize a bus stop identification design template as identified in
Schedule B of this document for all fixed-route inter-community public transportation services.
The template allows for Members to add their own personalized local information, but in a
consistent format the respects the SCT brand.
Fare Structure and Policy: Adopt policies that support passenger convenience for transfers
between Member systems. In doing so, the Member public transportation service that takes the
initial fare will keep the revenue. Work towards a similar fare structure and policy for topics
such as age categories and other concessionary fares. Work towards identifying a fare media
strategy, including the potential for a smart card and/or mobile payment approach that is
compatible with neighbouring transportation systems that have connecting services, and with as
many Member systems as possible.
Planning and Scheduling: Identify and validate inter-community travel patterns. Work towards
schedules that accommodate seamless transfers between connecting Member systems.
Develop consistent approach for implementing the General Transit Feed Specification (GTFS)
data to allow customers to readily plan trips between two or more systems;
Accessibility: Develop common practices and policies for accessible bus stops, training, access,
and other accessibility topics;
Technology: Work together to utilize technology that is either used by all Members or can
integrate with Member systems, with the objective of planning a seamless customer experience
across systems, and identifying opportunities to minimize one-time capital and/or ongoing
operating costs through collective purchasing. Consider and prioritize technology approaches for
trip planning, mobile payment, real-time passenger information, on-demand transit planning
and operations software, and communications.
Fleet: Work together to identify opportunities to standardize fleet where it improves the
customer experience (e.g. ability to accommodate mobility devices) and/or reduces capital costs
for Member municipalities that purchase vehicles or specify vehicles as part of an operating
contract;
Standard Operating Terms/Policies and Procedures: Identify opportunities to develop Standard
Operating Terms/Policies and Procedures for SCT that benefits the customer experience, safety
practices, and/or the efficiency and effectiveness of service delivery.
Service Standards: Work together to identify to develop a common service standards document
to guide service delivery and measure performance through a series of Key Performance
Indicators.
Advocacy: Work together to present common issues and concerns to senior levels of
government and other key stakeholders in order to sustainably facilitate the success,
coordination, and extension of Southwestern Ontario Community Transportation Grant Program
projects into the future (i.e. Ontario Gas Tax funding, continued grant funding, etc.). Support
and contribute to the efforts of the Ontario Public Transportation Association (OPTA).
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First Mile-Last Mile Integration: Develop strategies and supporting policies / programs to
facilitate local ‘first-mile/last-mile’ opportunities to enhance inter-community connectivity and
feeder services to Member inter-community transit services and passenger rail corridors, while
improving local mobility.
8.0 ANNUAL REPORTING
An Annual Report will be prepared by the Chair of the Executive Committee, with input from the
Technical Committee. The Annual Report shall include:
1. Current status of Membership.
2. Goals and Key Performance Indicators established by the Executive Committee at the
beginning of each fiscal year.
3. Report on accomplishments, actions achieved and next steps.
Annual Reports will be presented to the Executive Committee by the Chair, which will be provided to
each Member to distribute and/or present to their respective Councils or Boards for information.
9.0 SIGNATORIES
This Agreement may be executed by the parties hereto in separate counterparts, each of which so
executed shall be deemed to be an original. Such counterparts together shall constitute one and the
same instrument and, notwithstanding the date of execution, shall be deemed to bear the effective date
set out at the top of page one (1) of this Agreement.
Each of the parties who signs the signature page of this Agreement does hereby warrant that it has read,
reviewed, fully understands, and is agreeable to be bound by the content of each page of this
Agreement and that this Agreement is enforceable in application to the endorsing party.
Delivery of an executed copy of a signature page to this Agreement scanned in pdf. form and provided
by e-mail or provided by facsimile transmission shall be deemed to be effective delivery of an original
executed copy of this Agreement, and each party hereto undertakes to provide each other party with a
copy of the Agreement bearing original signatures forthwith upon demand.
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IN WITNESS WHEREOF this Memorandum of Understanding has been executed by the County of Oxford
hereto on the date(s) set out below and the County of Oxford agrees that this Memorandum of
Understanding shall be effective on the date set out at the top of page one (1) of this Memorandum of
Understanding.
County of Oxford
Date: _________________, 2020
Per:
Larry McCabe, Interim Chief Administrative Officer
Per:
David Simpson, Director of Public Works
*We have authority to bind the Corporation
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SCHEDULE A: SCT LOGO
Members will agree to use the brand “SCT” to represent the Association and the following logo and
colour pallet.
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10.0 SCHEDULE B: SCT BUS STOP DESIGN
Municipal Members will agree to use the following bus stop design at inter-community stops that
connect one or more Member transit service. A decision for a Member to deviate from this sign can be
approved by the Executive Committee.
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Report No: PW 2020-24
PUBLIC WORKS
Council Date: June 10, 2020
Page 1 of 4
To: Warden and Members of County Council
From: Director of Public Works
Highway Traffic Act Amendment – School Bus Cameras,
Ontario Regulatory Registry Proposal No. 20-MTO028
RECOMMENDATIONS
1. That Oxford County Council endorse the submission dated May 26, 2020 as
attached to Report No. PW 2020-24 entitled “Highway Traffic Act Amendment –
School Bus Cameras, Ontario Regulatory Registry Proposal No. 20-MTO028” to
develop regulatory framework for evidentiary requirements for school bus
cameras;
2. And further, that Report No. PW 2020-24 be circulated to Area Municipalities for
information.
REPORT HIGHLIGHTS
The Ontario Ministry of Transportation (MTO) is proposing amendments to the Highway
Traffic Act (HTA) to develop regulatory framework that will establish evidentiary rules that
would clarify what evidence could be used to prove that a driver improperly passed a
stopped school bus without the need to have a witness present. Of note, the allowance of
school bus camera evidence for school bus stop arm offenses is under consideration.
The proposed HTA amendments were posted on the Ontario Regulatory Registry on May
12, 2020 for public comment by May 26, 2020. County Staff support the proposed HTA
amendments and submitted comments to the MTO on May 26, 2020.
Implementation Points
Following Council authorization, a copy of the Council resolution will be forwarded to the
Ministry of Transportation (MTO) to accompany the County of Oxford submission.
The development of this new regulatory framework will be a complicated endeavor, similar to
the implementation of red light cameras and automated speed enforcement, and will require
ongoing input and collaboration between municipalities, school boards, bus companies, law
enforcement, municipal courts and provincial agencies.
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Report No: PW 2020-24
PUBLIC WORKS
Council Date: June 10, 2020
Page 2 of 4
Financial Impact
The recommendations within this report will have no financial impact.
The Treasurer has reviewed this report and agrees with the financial impact information.
Risks/Implications
There are no risks or implications associated with this report.
Strategic Plan (2015-2018)
County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting
held May 27, 2015. The initiative contained within this report supports the Values and Strategic
Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions:
2. ii. A County that is Well Connected – Advocate for appropriate federal and provincial support,
programming and financial initiatives to strengthen the movement of people and goods to,
from and through the County
3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and
provincial policy with implications for the County by:
- Advocating for federal and provincial initiatives that are appropriate to our county
DISCUSSION
Background
Although not currently employed, municipalities and school boards currently have the ability to
use school bus cameras to enforce improper passing of a stopped school bus. The Highway
Traffic Act (HTA) does not prohibit adding video equipment to school buses that record drivers
who illegally pass stopped school buses; however, if the charge is disputed in court, any photo
evidence would need to be introduced by a witness.
The Ministry of Transportation (MTO) is proposing amendments to the HTA to develop a
regulatory framework that would allow for evidence from a school bus camera to be introduced
in court without the need for a witness. The current framework is considered too onerous on
school bus drivers, who would often be the witness to the offence. With the proposed
amendments to the HTA, municipalities can choose to use photo/video camera systems without
creating any additional burden on school bus drivers or the need for a witness to appear in
court.
The proposed HTA amendments were posted on the Ontario Regulatory Registry (Proposal No.
20-MTO028) on May 12, 2020 for public comment by May 26, 2020. The MTO was also
seeking feedback on whether signage should be required for school bus cameras in order to
ensure transparency to the public and further deter school bus passing incidents.
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Report No: PW 2020-24
PUBLIC WORKS
Council Date: June 10, 2020
Page 3 of 4
Comments
County Staff support the MTO’s proposed HTA amendments to establish a regulatory
framework for evidentiary requirements for school bus cameras. Staff also support mandatory
signage requirements on school busses equipped with cameras for promotion and education
and to serve as an additional deterrent of school bus passing incidents.
The County of Oxford submission (Attachment 1) was issued to the MTO on May 26, 2020 in
response to the proposed HTA amendments (Proposal No. 20-MTO028).
Staff will monitor the outcomes of the proposed HTA amendments and will consider the
implementation of school bus cameras in collaboration with municipal partners and stakeholder
agencies as part of a County-wide road safety strategy identified in the implementation program
of the 2019 Oxford County Transportation Master Plan.
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Report No: PW 2020-24
PUBLIC WORKS
Council Date: June 10, 2020
Page 4 of 4
Conclusions
Regulatory framework to support the use of school bus cameras will enhance the viability of this
program as an effective enforcement tool by reducing the administrative burden on school bus
drivers and municipalities.
Effective use of automated enforcement options can support traditional enforcement activities
and prioritize road safety for all road users.
SIGNATURES
Report Author:
Original signed by:
Frank Gross, C. Tech
Manager of Transportation and Waste Management Services
Departmental Approval:
Original signed by:
David Simpson. P. Eng., PMP
Director of Public Works
Approved for submission:
Original signed by
Larry J. McCabe, B.A., A.M.C.T.
Interim Chief Administrative Officer
ATTACHMENT
Attachment 1: Oxford County Comment Submission to Proposal No. 20-MTO028
Page 103 of 327
Page 1 of 2
May 26, 2020
Ministry of Transportation
Road Safety Policy Office
Safety Policy and Education Branch
87 Sir William Hearst Avenue
Building “A”, Room 212
Toronto, ON
M3M 0B4
RE: Ontario Regulatory Registry Proposal No. 20-MTO028
Highway Traffic Act Amendments
County of Oxford Submission
Please accept the County of Oxford submission in response to the above noted proposal that
was posted on the Regulatory Registry on May 12, 2020. We understand the Ministry of
Transportation (MTO) is proposing to make amendments to the Highway Traffic Act (HTA) to
develop regulatory framework for evidentiary requirements associated with school bus
cameras.
The County of Oxford supports the proposed amendments to the HTA that would enhance the
viability of school bus cameras as an enforcement option for drivers that improperly pass a
stopped school bus. School buses utilizing camera equipment should be identified with
appropriate signage for promotion and education and to further deter school bus passing
incidents.
The 2019 Oxford County Transportation Master Plan Implementation Program includes an
action to develop a road safety strategy in collaboration with municipal partners and
stakeholder agencies that prioritizes safety for all road users. The use of school bus cameras to
enforce improper passing of stopped school buses supports this strategy and will be
considered for County-wide implementation. Regulatory framework that reduces the
administrative burden associated with processing charges provides further incentive for
implementation of a school bus camera program.
The County of Oxford submission in response to the proposed HTA amendment will be
presented to County Council on June 10, 2020 for endorsement. A copy of the Council
resolution will be forwarded to the MTO to accompany this submission.
PUBLIC WORKS
21 Reeve Street, PO Box 1614
Woodstock, ON N4S 7Y3
519.539.9800 I 1.800.755.0394
oxfordcounty.ca
Report No. PW 2020-24
Attachment No. 1
Page 104 of 327
Page 2 of 2
Thank you for the opportunity to comment and provide feedback on this proposal
Sincerely,
David Simpson, P.Eng., PMP
Director of Public Works
CC: Frank Gross, C.Tech
Manager of Transportation and Waste Management Services
Original signed by:
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Page 1 of 5
Subject: Re-opening of Municipal Facilities
Report Number: CAO 20-05
Author: Kyle Pratt, Chief Administrative Officer
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receives Report CAO 20-05, Re-opening of Municipal Facilities, as information.
OBJECTIVE
The objective of this report is to provide Council with an update and recommendations on the
safe re-opening of municipal facilities.
BACKGROUND
On March 15, 2020, the Town announced the temporary closures of the following facilities:
Tillsonburg Community Centre (effective March 16)
Annandale National Historic Site (effective March 13)
Senior Centre (effective March 13)
Oxford County Library- Tillsonburg Branch (effective March 13)
Station Arts Centre
Effective March 16, 2020, the Town announced that the following facilities will be open by
appointment only with screening protocols in place, including the:
Customer Service Centre
Corporate Office
Public Works Building
Cemetery Office
At this time, many staff were redeployed to provide an enhanced cleaning regime at all
facilities remaining open or used by staff and the availability of cleaning kits and supplies were
implemented.
On March 17, 2020 the Ontario Government declared a provincial state of emergency under
the Emergency Management and Civil Protection Act due to the rapidly spreading COVID-19
virus. In doing so, Ontario was using every power possible to continue to protect the health
and safety of all individuals and families. This declaration is currently in effect until June 30,
2020. Subsequently, the Senior Leadership Team met and developed business continuity
plans that included many employees working from home where feasible and appropriate.
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Page 2 of 5
The province entered into Phase 1 of its re-opening strategy on May 19, 2020. The news
came as Ontario prepared to increase virus testing as well as several days of declining new
cases in the province. Phase 1 of the re-opening strategy allowed residents the access to boat
launches, off-leash dog parks and picnic areas, multi-use sports fields for non-team sports and
allowed for limited non-spectator sporting events such as: water sports on lakes and outdoor
bodies of water, track and field and tennis. Libraries could begin offering curbside pickup and
delivery options.
The province has since announced a regional approach into entering Phase 2 of its re-opening
strategy beginning on June 12, 2020.
As the pandemic continues to change and evolve, the Senior Leadership Team has been
consistently reviewing best practices to be able to safely re-open municipal facilities. A
checklist and risk assessment was developed and provided to members of the Senior
Leadership Team to complete for their assigned facility. The risk assessments looked at
various areas for consideration including:
Facility access
Designated Routes (Employee Traffic)
Cross-infection Points
Specific Areas in the Building (including: washrooms, elevators, stairwells,
offices/cubicles, lunch rooms/kitchenettes and meeting rooms)
Signage and communications
Cleaning Schedule
Safety and Hygiene Practices
PPE and Other Supplies
Overall Readiness Assessment
Employee Return to Work Schedule
DISCUSSION
The following recommendations are being made on the safe re-opening of Town facilities
including:
Tillsonburg Airport Terminal Building
The airport terminal is proposed to re-open on June 29th. The public washrooms will remain
open following the Stamp Event at the airport on June 19th. There will be one washroom
designated for the public and one for staff. Staff will maintain the cleaning of these
washrooms. The café is also anticipating reopening the week of June 29th and have ordered
additional picnic tables for outdoor seating. Maximum capacities have been established for the
various areas inside of the terminal. There will be a 20 person maximum allowed in the
building at one time. The indoor section of the restaurant will remain closed until provincial
restrictions allow for such re-opening. Café tables will be positioned to allow for physical
distancing. . The flight school can re-open now as tenants use the basement of the terminal.
Cemetery Office
The cemetery office has remained open to the public throughout the pandemic by appointment
only and this can remain status quo. The permitted occupancy for the cemetery office will allow
for only one family, up to a maximum of two family members, at a time.
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Page 3 of 5
Two entrances have been established which includes one for staff and one for the public.
Visitors will be required to sign in and out of the facilities and to use the available hand
sanitizer. The point of sale pin pad will be sanitized after every use.
Fire Hall
The Fire Hall remains closed to the general public. Everyone entering the building other than
suppression personnel for emergency incidents are required to complete screening and sign
in. Communications staff and responders are using separate entrances to avoid cross
contamination. All apparatus have contact points that are cleaned after each use. Fire
communications staff are rotating between two consoles and must disinfect their stations after
use. A temporary divider has been placed between the two consoles to allow for separation
between employees when doubling staffing occurs. A sign out procedure is in place for
personal protective equipment. Every fire communicator screens the callers and the officers
screen individuals when they arrive on location. Staff are continuing to check the Ministry of
Health portal to confirm if there are any active cases documented at an address that
responders are attending to.
Annandale National Historic Site
Annandale National Historic Site has been closed to the public since the pandemic began.
The proposed date for re-opening the gallery and office area of the building is June 29, 2020.
The historic house will need to remain closed for the time being. Current government approved
disinfectants required to clean high touch areas like the wooden banisters and touch points
within the historic house are not recommended by the Canadian Conservation Institute for use
on historic surfaces. Use of approved disinfecting methods will cause damage to these
surfaces, therefore the required cleaning prior to and after each visitor touring the house in
order to keep the public safe cannot be done at this time. Tours of the gallery will be booked in
advance on the hour, and the maximum number of clients permitted in the building at any one
time will be seven, as there will be three staff on site as well. There will be a restriction on the
number of volunteers allowed in the facility at any one time. Unutilized areas will be locked off
to prevent access to those areas from the public.
Customer Service Centre
While many staff have continued to work from this facility, returning staff will be introduced
back into the office the week of June 22nd with an anticipated re-opening date of June 29th to
the public. A schedule has been determined for consistent days in which staff will rotate
through the office. Hallways have been mapped out to flow in one direction. There will be
signage affixed to the floor and walls to indicate the traffic flow pattern, as well as to indicate
waiting points for the public in the front lobby. Plexiglas has been installed at all six front
counter locations to create a barrier between the staff and the public. Staff will continue to
work from home where practical to maximize the distancing between employees.
Corporate Office
During the pandemic, the access to the public at the Corporate Office has been restricted by
locking the door. Staff are recommending that this practice remains the same moving forward.
The public would still be able to access the corporate office but by appointment only. The staff
member meeting the visitor would be responsible for meeting their visitor at the door and going
through the screening process. Deliveries can still be made by couriers knocking on the door
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Page 4 of 5
for a staff member to answer. There is a designated waiting area in the hallway for any visitors
who are waiting to come into the office. Most customer service related functions can be
performed at the Customer Service Centre or completed virtually/online. Civil ceremonies are
now being booked in the Council Chamber. There will be spots identified for guests prior to
the ceremony and screening of each guest will be conducted. Staff are continuing to
investigate ways to host many of these events virtually where possible. Staff are reviewing a
suitable location to be able to host in-person Council meetings in the future to ensure the
safety of Council, staff and members of the public. Staff will be provided with a separate key to
be able to access the office by coming in through the outside mall entrance adjacent to the TD
Bank in order to minimize the exposure of staff to the general public. There will be directional
markers laid out around the offices and cubicles to ensure one -way traffic and appropriate
physical distancing. The washrooms will be limited to one user at a time with a n occupied or
vacant sign posted on the door and all meetings rooms have been assigned a maximum
occupancy limit. Staff will be working on a rotating schedule (office and work from home) that
has been established to ensure there are adequate bodies in the office at one time and to also
ensure there is adequate in-person coverage among the different departments every week
day.
Public Works
The public works building has remained open throughout the pandemic. A parts drop off area
has been established at the front door and all parts received are disinfected before use. The
roads and fleet staff have been separated and the roads employees have been placed on
staggered shifts to reduce the number of employees in the building at a time . A manual
procedure is to be developed to have better control of access into the yard from the front gate
from unauthorized personnel.
Tillsonburg Community Centre
There will be designated alternate entrance and exit points in the buildin g. There will be
screening control and access control stations at each entrance. Contractors working in the
building that cannot maintain physical distancing will be required to wear personal protective
equipment. Meeting rooms and unutilized rooms will remain locked when not in use.
Deliveries will be received at screening stations. Wider hallways will be divided into 2 way lane
traffic and smaller hallways will be equipped with floor adhesives or signage to direct
alternating traffic. There will be staff only washrooms in the rotary wing and facilities workshop
area.
All Town Facilities
All staff will be required to complete an electronic self-assessment tool (MESH) prior to entry to
any workplace. Staff must receive a notification that they are cleared to report to work before
entering any Town facility. Any visitors to any Town facility for less than 15 minutes will be
required to review and self -assess using a series of questions located at the entrance prior to
entering the building. Visitors with a scheduled appointment/meeting must complete and sign
off on the COVID-19 assessment tool provided to them. If they answer yes to any of the
questions in the assessment, they will not be permitted access to a Town location, nor will an
employee be permitted to meet with the visitor.
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Page 5 of 5
Hand sanitizer and signage will be located at all of the main entrances of the facilities.
Plexiglas barriers will be installed at staff to customer interaction areas where possible. An
enhanced cleaning regime will take place at all facilities during operational hours. Cleaning
kits will be provided in many areas and staff will be required to sanitize each common
touchpoint and their own working area after every use. This could include, but is not limited to:
door handles, photocopiers, phones, writing utensils, gas pumps, point of sale equipment (pin
pads), light switches, tables, chairs, etc. W ashrooms in all facilities will be cleaned at least
twice a day as per the recommendations from the Ontario Medical Officer of H ealth. Staff will
be supplied with the appropriate personal protective equipment to perform their duties. Staff
will not be required to wear a face covering as long as they can maintain physical distancing.
If they cannot maintain physical distancing, then a face covering will be required (including in
vehicles). Appropriate signage reminding the staff and public of the COVID -19 prevention
guidelines will be posted throughout various areas of the facilities. Floor markers will be
placed to allow for one-direction flow of traffic and to maintain physical distancing. Signs will
be placed in various areas outlining the capacity of that room or area and that capacity shall
not be exceeded. The JHSC safety representative monthly inspections and quarterly meetings
will continue as per the legislated guidelines. Communication to the public on what services
are available and any surrounding restrictions, hours, availability, etc. will be advertised
through the regular Town’s advertising channels. The Human Resources Department is
developing a post-trip inspection process that can be implemented into MESH that will require
employees to sanitize their vehicle after their shift or their use. San itation kits will be placed in
the vehicles. A policy has also been developed and circulated to staff, “HR-51, COVID-19
Prevention and Control Policy”. This policy is attached.
CONSULTATION
The Senior Leadership Team have developed risk assessments and re-opening plans by
reviewing and planning among one another, with the JHSC, and in review and discussions with
staff. The Senior Leadership Team continues to follow advice and guidelines from the
Southwest Public Health Unit.
FINANCIAL IMPACT/FUNDING SOURCE
There will be costs associated with purchasing the appropriate personal protective equipment,
signage, barriers, markers, cleaning supplies, etc.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
ATTACHMENTS
Appendix A – HR 51, COVID-19 Prevention and Control Policy
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HR-51 – COVID-19 Prevention and Control Page 1 of 4
ADMINISTRATION
Policy #: HR-51 COVID-19 Prevention and Control
Approval Date: June 3, 2020
Approval Authority: SLT
Effective Date: June 3, 2020
Next Scheduled Review Year: 2021
Department: Human Resources
Last reviewed:
Revision Date/s:
Schedules:
1.0 PURPOSE
To ensure that all employees are made aware of the protocols put in place to
prevent and control any potential exposure to COVID-19.
2.0 SCOPE
This policy applies to all Town of Tillsonburg employees.
3.0 ROLES AND RESPONSIBILITIES
3.1 Senior Leadership Team/Managers
• Ensure safety procedures and standards are established and maintained
• Ensure the communication, distribution and availability of this policy to all
employees
• Conduct hazard assessments of all facilities using the COVID-19 Return to
Work Facility Checklist and Risk Assessment (Schedule A).
• Ensure resources are available to provide the necessary training and safety
equipment
3.2
• Ensure employees understand their tasks and potential hazards
• Ensure that the proper equipment, materials and personal protective
devices, which are prescribed or may be required to perform jobs safely, are
provided, maintained and used according to legislation, procedures and/or
manufacturer’s guidelines
3.3 Worker
• Responsible for reporting any unsafe conditions or acts
Page 111 of 327
HR-51 – COVID-19 Prevention and Control Page 2 of 4
• Responsible for understanding the tasks assigned to them and potential
hazards
• Responsible for completing the COVID-19 Assessment Tool in MESH prior
to attending any workplace.
• Responsible for advising supervisor/manager of symptom development on
shift.
4.0 TRAINING
All Town of Tillsonburg employees shall be trained on policy. Employees will
continue to be provided with regular communication regarding the virus.
5.0 PROCEDURE
5.1 Recognizing and Assessing Risk
• Management is responsible for recognizing and assessing the workplace,
as well as each specific situation/task, for potential risk regarding COVID-
19.
• Upon completion of the risk assessment, management will put in place
controls to eliminate or reduce the risk, where appropriate.
5.2 Controls
5.2.1 Screening
• All employees and visitors will be required to complete a series of
screening questions prior to entering a Town facility or workplace. The
screening questions will follow those provided by the provincial
government found at https://covid-19.ontario.ca/self-assessment/.
• Employees answering yes to any of the questions in the assessment
must notify their supervisor immediately so that proper procedures can
be taken to ensure the safety of all employees. Dependent on the
situation, and where possible, accommodations may be put in place so
that employer may continue working, such as, but not limited to:
• Working from home
• Working alone in a single room
• Working behind a barrier
• Minimizing or avoiding unprotecting interactions with the
general public
• Providing additional PPE
• Visitors attending to a Town facility for less than 15 minutes will be
required to review and self-assess using a series of questions located
at the entrance prior to entering the building.
• Visitors with a scheduled appointment/meeting must complete and sign
off on the COVID-19 assessment tool provided to them. If they answer
Page 112 of 327
HR-51 – COVID-19 Prevention and Control Page 3 of 4
yes to any of the questions in the assessment, they will not be
permitted access to a Town location, nor will an employee be permitted
to meet with the visitor.
5.2.2 Self-Monitoring/Reporting
• Employees shall self-monitor for symptoms of COVID-19 as found in
the provincial assessment. If an employee begins to present with a
symptom, they will notify their supervisor/manager immediately.
• Employees exhibiting symptoms should go home immediately and
contact Southwestern Public Health for further information.
• The employee is required to communicate any information or
instruction they receive to their supervisor/manager.
5.2.3 Physical Distancing
• All employees shall maintain 2 metres (6 feet) between themselves
and others, where feasible.
• Alternate forms of communication (phone, e-mail, tele/video-
conference) should be used wherever practicable.
• At no time will more than one person be allowed in an office or cubicle
unless physical distancing can be maintained, unless all parties are
equipped with proper PPE (masks, gloves, etc).
• Where narrow hallways exist, employees will be required to follow
directional arrows. In the absence of arrows, employee will be required
stop and ensure there is no traffic coming in the other direction prior to
proceeding down the hallway.
• In-person meetings are discouraged, but when required must be kept
to a maximum of five people.
• No more than two employees will be permitted in a vehicle at one time.
o *Exception to maximum employees permitted in vehicles for
Fire Services - PPE will be required.
• In cases where two employees are in a vehicle together, both
employees will be required to wear masks.
• Alternate work arrangements will be implemented where possible,
including, but not limited to:
o Work from home
o Staggered shift start/end times
o Staggered break and lunch times
o Alternate break/lunch locations
Page 113 of 327
HR-51 – COVID-19 Prevention and Control Page 4 of 4
5.2.4 Personal Protective Equipment (PPE)
• Employees who are required to work within 2 metres of another
individual will be required to use the appropriate PPE required in the
circumstance.
• As a minimum, PPE required shall include:
o Respiratory protection (surgical mask)
o Eye Protection (safety glasses, face shield)
o Gloves (hand hygiene shall continue to be practiced)
• Employees not requiring PPE may choose to bring and wear their own
PPE.
5.2.5 Cleaning and Disinfecting
• Employees will be provided with sanitization wipes in order to clean
and disinfect high touch points within their own work setting
o Phone, keyboard, mouse, desk, door knob, counter space,
debit terminal, printer/copier, etc
• Employees are discouraged from sharing workstations, equipment,
tools, pens, etc where possible, and if required to share, proper
disinfection shall take place between users.
• Hand hygiene such as hand sanitizer, soap, paper towels/hand dryers
will be available at all locations.
• Signage indicating proper handwashing practices will be posted at
each location.
• Additional housekeeping measures will be taken above and beyond
our regular schedule
6.0 RESOURCES
Schedule A: COVID-19 Return to Work Facility Checklist and Risk Assessment
Southwestern Public Health
Province of Ontario COVID-19 Online Self-Assessment Tool
Public Health Hand Hygiene Video
Proper Cough Etiquette
Public Health Physical Distancing Guidelines
Page 114 of 327
COVID-19 Return-To-Work Facility
Checklist and Risk Assessment
Date: Facility: Facility
Address:
Facility Area
(m2)
Max. Number of
Staff:
☐ Attach Facility Layout /
Sketch
Item Yes No N/A Risks Notes / Comments / Actions
FACILITY ACCESS
Is access restricted to authorized staff,
including employees, contractors,
vendors and visitors?
☐ ☐ ☐
a. Unauthorized access
b. Contamination of the facility
c. Exposure to external
COVID-19 sources
d. Cross-infection
e. Spread of COVID-19
DESIGNATED ROUTES (EMPLOYEE
TRAFFIC)
Have designated routes been
established and demarcated to control
employee traffic, including entry and exit
points?
☐ ☐ ☐
a. Cross-infection
b. Spread of COVID-19
c. Inability to maintain social
distancing
CROSS-INFECTION POINTS
Have all cross-infection points been
identified and appropriate controls
established?
☐ ☐ ☐
a. Cross-infection
b. Spread of COVID-19
SPECIFIC AREAS IN THE BUILDING
Have controls been established for all
areas in the building, including but not
☐ ☐ ☐
a. Cross-infection
b. Spread of COVID-19
c. Inability to maintain social
distancing
Page 115 of 327
COVID-19 Return-To-Work Facility
Checklist and Risk Assessment
Item Yes No N/A Risks Notes / Comments / Actions
limited to:
a. Washrooms
b. Elevators
c. Stairwells
d. Offices and cubicles
e. Cafeterias and kitchenettes
f. Meeting rooms
SIGNAGE AND COMMUNICATIONS
Have all required signs been posted?
e.g.:
a. General COVID-19 Information
b. Notices for employees,
contractors, vendors and visitors
c. Employee traffic routes
d. PPE requirements
e. Other communications (TVs,
boards, etc.)
☐ ☐ ☐
a. Lack of knowledge or
awareness
CLEANING SCHEDULE
Has a regular and frequent cleaning
schedule been established for the
building?
☐ ☐ ☐
a. Cross-infection
b. Spread of COVID-19
SAFETY AND HYGIENE PRACTICES
Are good safety and hygiene practices
☐ ☐ ☐
a. Cross-infection
b. Spread of COVID-19
Page 116 of 327
COVID-19 Return-To-Work Facility
Checklist and Risk Assessment
Item Yes No N/A Risks Notes / Comments / Actions
followed and maintained i.e.:
a. Washrooms & hand washing
facilities
b. Hand sanitizers & hand sanitizing
wipes
c. Social distancing
d. Use of face masks
e. Employee screening centres
PPE AND OTHER SUPPLIES
Have PPE items (e.g. facemasks) and
other essential supplies (e.g. sanitizers)
been verified, confirmed and made
available?
☐ ☐ ☐
a. Lack of PPE and other
essential supplies
OVERALL READINESS ASSESSMENT
Is the building ready for returning
employees?
a. IT and other technology resources
accessible
b. All required tools and equipment
are available
c. Workstations have been set up to
their previous conditions
☐ ☐ ☐
a. Lack of tools, equipment or
technology
OTHER CONSIDERATIONS
☐ ☐ ☐
Page 117 of 327
COVID-19 Return-To-Work Facility
Checklist and Risk Assessment
Item Yes No N/A Risks Notes / Comments / Actions
OTHER CONSIDERATIONS
☐ ☐ ☐
OTHER CONSIDERATIONS
☐ ☐ ☐
EMPLOYEES RETURN TO WORK
Are all of your employees able and
willing to return to work?
Are there options for employees to
work from home?
If not, where will employees be
located to ensure physical
distancing?
When will employees return to work?
☐ ☐ ☐
a. Employees with pre-
existing health conditions,
or those that have been
exposed or infected with
COVID-19
b.
Page 118 of 327
COVID-19 Return-To-Work Facility
Checklist and Risk Assessment
Item Yes No N/A Risks Notes / Comments / Actions
Sign Type Surface/ Number required
Wait here/stop here
floor decal
Carpet / ______
Tile / ______
Concrete / ______
One-way arrow
floor decal
Carpet / ______
Tile / ______
Concrete / ______
Stop & Alternate
Narrow Hallway
wall sign
Drywall / ______
Concrete block / ______
Washroom Occupied
door sign
Metal / ______
Wood / ______
Activity/Facility: Week
1
Week
2
Week
3
Week
4
Week
5
Week
6
Week
7
Week
8
Week
9
Week
10
Week
11
Week
12
Reinstate FT Staff
Reinstate PT Staff
Staff Training
Phase 1
Phase 2
Phase 3
Other:
Prep Time
Active Operational
Phase 1 physical distancing and gatherings under 25
Phase 2 physical distancing and gatherings under 100
Phase 3 no restrictions
Page 119 of 327
COVID-19 Return-To-Work Facility
Checklist and Risk Assessment
*Please use as many of the above tables as needed for all of your department’s facilities, programs, operations, etc.*
Assessors Name Position Signature
Director:
CAO:
Page 120 of 327
Page 1 of 6
Subject: Surplus Land Declaration – Clear Valley Drive
Report Number: DCS 20-11
Author: Cephas Panschow
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receive Report DCS 20-11 Surplus Land Declaration – Clear Valley
Drive;
AND THAT the property, described as part of Block D, Plan M53, be declared surplus to
the needs of the Town of Tillsonburg in accordance with By-Law 3549 Sale of Real
Property Policy including suitable notification to the public.
BACKGROUND
The Town of Tillsonburg has been approached by a number of people who are
interested in purchasing a portion of a Town owned property on Clear Valley Drive. The
property is desirable for residential development as there are limited single lots
available for purchase in the Town as well as the size of the lot and that it backs onto a
ravine. Town staff have investigated the potential to sever and sell a portion of the
property and have determined that the property is indeed suitable for sale. The purpose
of this report is to seek Council approval to move forward with declaring this property as
surplus to the Town’s needs.
DISCUSSION
The Clear Valley Drive lands are part of the ravine lands north of Baldwin Street in the
Town of Tillsonburg and were acquired by the Town of Tillsonburg from Forest Glenn
(Dixie) Limited corporation of Toronto on May 9, 1977 as part of the development of the
lands in this area. It is thought that the lands were obtained to serve as the Town's
emergency access point to the west side of Stoney Creek in the event of a major flood
event or emergency and also to serve as an access point should erosion controls for
Stoney Creek ever be required in the future.
Page 121 of 327
DCS 20-11
Page 2 of 6
Subject Property – 41 Clear Valley Drive
The proposed lot (see below conceptual map) would have 20 metres (66 feet) of
frontage and be approximately 95 metres (314 feet) deep and approximately 1 acre in
size. The property is gently sloping and the rear portion of the lot is surrounded by the
neighbouring ravine and woodlot.
The value of a 1 acre property in Tillsonburg that backs onto a ravine is unknown at this
time, but staff would obtain an opinion of value prior to proceeding.
Page 122 of 327
DCS 20-11
Page 3 of 6
Subject Property – Proposed Lot Size and Configuration
CONSULTATION/COMMUNICATION
The property has been circulated to Town Departments and Tillsonburg Hydro Inc and
the below table summarizes their comments plus additional considerations.
Department Comment Additional
Considerations
Building & Bylaw No comments
Operations
(Engineering)
This parcel of land is not
serviced by water, sanitary or
storm and will require services
to be constructed to the property
line from Clear Valley Drive.
There are no existing sewers
Property is proposed to be
sold “as-is”, which means
that any prospective buyer
would be required to pay
for the installation of
municipal services.
Page 123 of 327
DCS 20-11
Page 4 of 6
that enter the ravine through this
block of land.
In the event of an emergency or
the need to access lands to the
west side of Stoney Creek, we
are able to enter off Baldwin
Street.
Having the buyer pay for
those services reduces the
impact to the Town but will
also result in a lower sale
price.
Planning The property is designated
Open Space in the Official Plan
and is zoned OS1 (Passive
Open Space) in the Town
Zoning By-Law.
Prior to residential development
occurring on this parcel an
Official Plan Amendment and
Zoning By-Law amendment will
be required. Any prospective
purchaser should also contact
the LPRCA to determine if they
require a permit to develop the
property.
The property should be
redesignated and rezoned
prior to any transaction
proceeding with the costs
offset by the future land
sale revenue.
Fire & Rescue Services No comments
Tillsonburg Hydro Inc No comments The buyer will be required
to obtain electrical
servicing at their own cost.
Duncan, Linton LLP A title search has been
conducted and there does not
appear to be any restrictions on
the lands. A reference plan will
be required to sever off and sell
a portion of the lands and the
Town should ensure it maintains
access to the remaining portion.
A reference plan will be
prepared at the Town’s
cost and offset by the
future land sale revenue.
Per Engineering’s
comments, an access is
not required.
Page 124 of 327
DCS 20-11
Page 5 of 6
Notice of the potential surplus property will be provided in accordance with Bylaw 3549
– Sale of Real Property Policy, and specifically, by:
Posting a notice on the property;
Posting a notice on the Town’s website ; and,
Publishing a notice in the Tillsonburg News.
FINANCIAL IMPACT/FUNDING SOURCE
Staff believe that the property will attract significant market interest and result in a
significant amount of revenue for the Town. Any potential revenue from the sale of the
property will be offset by relatively minor costs to redesignate/rezone the property as
well as survey and legal costs to enable the transaction.
Selling this property will generate revenue for the Town and strengthen the balance
sheet.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
Page 125 of 327
DCS 20-11
Page 6 of 6
Report Approval Details
Document Title: DCS 20-11 Surplus Land Declaration - Clear Valley
Drive.docx
Attachments:
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 12, 2020 - 2:09 PM
Kyle Pratt - Jun 18, 2020 - 4:59 AM
Michelle Smibert - Jun 18, 2020 - 5:33 AM
Page 126 of 327
Page 1 of 8
Subject: Surplus Land Declaration – Gibson Drive Laneway
Report Number: DCS 20-12
Author: Cephas Panschow
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receive Report DCS 20-12 Surplus Land Declaration – Gibson Drive
Laneway;
AND THAT the laneway property, described as part of Block A, Plan M-68, be declared
surplus to the needs of the Town of Tillsonburg in accordance with By-Law 3549 Sale of
Real Property Policy including suitable notification to the public.
BACKGROUND
Operations report OPS 18-30 Gibson Pedestrian Bridge Replacement Strategies
detailed the various options with respect to replacing the bridge and recommended that
Council refer the recommended strategy to the 2019 capital budget deliberations. This
motion was defeated. On January 29, 2019, Council approved the removal of the
Gibson Pedestrian Bridge in the 2019 budget. Subsequent to this, the sidewalk
contained within the access laneway from Gibson Drive was also removed.
During this process, the Town was approached by the adjacent landowners who
expressed interest in acquiring these lands. Town staff have reviewed that request and
are now bringing forward this request to Council. The purpose of this report is to seek
Council approval to move forward with declaring this property as surplus to the Town’s
needs in order to enable the sale of the property to the adjacent landowners.
Page 127 of 327
DCS 20-12
Page 2 of 8
Subject Property – Laneway between 6 Gibson Drive and 8 Gibson Drive
DISCUSSION
According to land registry records, the Gibson Drive laneway lands were acquired by
the Town of Tillsonburg on September 9, 1978, likely as part of the subdivision
development at that time. The laneway served as access to the Town owned ravine
lands to the east as well as the Gibson Pedestrian Bridge, which previously crossed
Stoney Creek and enabled access to the east side of the ravine land s and Glenridge
Road.
With the removal of the Gibson Pedestrian Bridge and the sidewalk previously
contained within this laneway, there is no reason to maintain ownership of the property
as long as access to sanitary manholes 317 and 318 can be maintained (see comments
from Engineering in Consultation section below). These manholes are not accessible
from the east side of Stoney Creek (see Map of Sanitary Manholes).
Page 128 of 327
DCS 20-12
Page 3 of 8
In cases where there is a parcel of land that cannot be developed on its own (e.g.
unopened road allowances) due to specific site characteristics where the parcel does
not meet planning/zoning standards, it makes sense and is common municipal practice
to split the property equally and sell each portion to the adjoining prop erty owners on
either side of the property. If one property owner is not interested, the other property
owner could potentially buy the entire parcel of land.
Map of Sanitary Manholes
It is straightforward to register an easement across these lands. The Recreation,
Culture & Parks Department has also indicated their preference to maintain access
through this corridor for future active transportation and recreational trail development
links so this potential re-use of the lands could be included in the easement as well.
With two potential requirements to maintain access across this property as well as the
fact that one request is to maintain access for future recreational trails, there certainly is
a rationale for the Town to keep possession of the lands. Town Council may consider
keeping the lands to support both access requirement or consider only maintaining one
access requirement (for the sanitary manholes) and losing potential future trail
opportunities.
Page 129 of 327
DCS 20-12
Page 4 of 8
CONSULTATION/COMMUNICATION
The property has been circulated to Town Departments and Tillsonburg Hydro Inc and
the below table summarizes their comments plus additional considerations.
Department Comment Additional
Considerations
Building & Bylaw No comments
Clerks In terms of some background,
there are parcels of land that
can’t be developed on its own
as it doesn’t meet zoning
requirements, etc and in many
cases, it is unopened road
allowances that are subject to
requests for disposal/sale so for
in those cases, it makes sense
to sell the land to adjoining land
owners. The land doesn’t
normally go to one landowner
but rather split so that each of
the adjoining property owners
can purchase the property to
add lands to their property.
Operations
(Engineering)
An easement over the walkway
lands should be obtained in
order to access sanitary
manholes 317 and 318 located
on the west side of Stoney
Creek rather than traversing
through three fully developed
backyards. These manholes
are not accessible from the east
side of Stoney Creek via Valley
View road allowance.
An access easement
across these lands will be
maintained.
Planning No zoning/ planning concerns.
The walkway is zoned R1 and
when merged with adjacent
properties there shouldn’t be
any zoning issues.
Page 130 of 327
DCS 20-12
Page 5 of 8
Recreation, Culture &
Parks
The Town should retain at least
an easement if not ownership
through this corridor for future
active transportation and
recreational trail development
links.
Tillsonburg Hydro Inc From an electrical infrastructure
perspective, THI does not have
any concerns.
There are secondary services
feeding both 6 & 8 from a
transformer across the street
(underground services),
however, this type of
infrastructure does not require
easements.
Duncan, Linton LLP A title search has been
conducted. The purpose (of
these lands) was to provide
access to the larger portion of
Block A conservation lands.
The Town may be removing
access (by the Town and the
public) if it were to sell off the
walkway.
The Town will require a new
reference plan to split off the
walkway if it intends to sell it.
A reference plan will be
prepared at the adjacent
landowner’s cost.
Notice of the potential surplus property will be provided in accordance with Bylaw 3549
– Sale of Real Property Policy, and specifically, by:
Posting a notice on the property;
Posting a notice on the Town’s website ; and,
Publishing a notice in the Tillsonburg News.
The notice provided will be that the Town is planning to sell the property to the adjacent
landowners and will provide a deadline for any concerns to be brought forward.
Page 131 of 327
DCS 20-12
Page 6 of 8
FINANCIAL IMPACT/FUNDING SOURCE
The value of the property will be established through an Opinion of Value obtained from
a local real estate broker. The purchasers will be responsible for the value of the land
as well as all legal and survey costs related to the transaction.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
Page 132 of 327
DCS 20-12
Page 7 of 8
Appendix A – Plan M-68
Page 133 of 327
DCS 20-12
Page 8 of 8
Report Approval Details
Document Title: DCS 20-12 Surplus Land Declaration - Gibson Drive
Laneway.docx
Attachments:
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 12, 2020 - 5:03 PM
Michelle Smibert - Jun 18, 2020 - 12:19 PM
Page 134 of 327
Page 1 of 3
Subject: Collaboration Agreement between Town of Tillsonburg and Ontario
Report Number: DCS 20-13
Author: Cephas Panschow
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receive Report DCS 20-13 Collaboration Agreement between Town of
Tillsonburg and Ontario;
AND THAT a by-law be brought forward authorizing the Mayor and Clerk to enter into
an agreement with the Province of Ontario.
BACKGROUND
The Town of Tillsonburg submitted an application on January 20, 2020 to Ontario in
order to support long-term economic benefits to the Province through investment and
job creation in the development of the Van Norman Innovation Park. The Town was
notified that its application was successful on April 16, 2020 and the Province has now
provided an agreement for approval. The purpose of this staff report is to obtain
Council approval to enter into an agreement with the Province of Ontario.
DISCUSSION
In 2017, Town Council authorized an application to Ontario for funding to help attract
investment to the community. However, the application did not meet the program
funding criteria. With a revised program, the Town’s application did meet the criteria
and the Town has been notified that its application was successful.
This project will serve as the anchor for the future employment lands along Highway 3
and will support the Town's objectives of further expanding its employment lands. The
creation of additional employment lands along the secondary, but important, Highway 3
corridor, which stretches from Fort Erie to Windsor, will also support increased
opportunities in the Southwestern Ontario marketplace.
CONSULTATION
The application was developed in consultation with the Ministry of Economic
Development, Job Creation and Trade and accompanied by a letter of intent from an
Advanced Manufacturing company with plans to expand their operations into
Tillsonburg.
Page 135 of 327
DCS 20-13
Page 2 of 3
FINANCIAL IMPACT/FUNDING SOURCE
The funding provided will enable the Town to overcome its challenges in providing
“shovel-ready” lands necessary to secure investment and jobs. The total project
investment, including ineligible costs, are forecast to top $4 M once complete (over 50%
of the Town’s average annual capital budget). This support will enable that the Town to
proceed while providing assurances to investors.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Collaboration Agreement
Page 136 of 327
DCS 20-13
Page 3 of 3
Report Approval Details
Document Title: DCS 20-13 Collaboration Agreement between the Town of
Tillsonburg and Ontario.docx
Attachments: - Collaboration_Agreement-Town_of_Tillsonburg_and_Ontario.docx
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 12, 2020 - 4:32 PM
Kyle Pratt - Jun 18, 2020 - 5:19 AM
Michelle Smibert - Jun 18, 2020 - 5:34 AM
Page 137 of 327
1
CONFIDENTIAL – FOR INFORMATION PURPOSES ONLY
Indicative SWODF Conditional Grant Agreement
This Indicative SWODF Conditional Grant Agreement is for information purposes only and creates no obliga-
tions on the part of Ontario. The provisions set out herein are typical of those in a SWODF Conditional Grant
Agreement; however, these provisions are generic and are not intended to be complete. Depending on each
individual transaction, the results of financial, legal and technical due diligence and the conditions of the
approval, the terms that may be presented in an agreement may be altered, in some cases in material re-
spects, from what has been set out in this Indicative Conditional Grant Agreement.
CONDITIONAL GRANT AGREEMENT
THIS AGREEMENT is effective , 202 (the “Effective Date”). [NTD: “The Project Start Date
(as defined below, used as the start date for Eligible Project Expenditures, Project In-
vestment Commitment and Jobs) will be April 16, 2020 as long as the Recipient agrees to
the terms of the Conditional Grant Agreement by June 29, 2020, otherwise the Project
Start Date will be the date the Recipient agrees to the terms.]
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented
by the Minister of Economic Development, Job Creation and Trade
(hereinafter referred to as “Ontario”)
-AND-
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter referred to as the “Recipient”)
RECITALS:
1. The Recipient intends to implement the Project, as defined below. The Project will lead
to long term economic benefits to the Province of Ontario through investment, job creation
and/or job retention related to the Project.
2. Pursuant to the Attracting Investment and Creating Jobs Act, 2012 (Ontario), Ontario is
continuing the Southwestern Ontario Development Fund program (“SWODF”) to assist region-
al/municipal/sectoral organizations in Ontario to support business investment and economic
development in key sectors in Ontario.
3. Ontario has agreed to provide a Grant to the Recipient on the terms more particularly
described in this Agreement in order to assist the Recipient with the financing of the Project and
the delivery of economic benefits to the community.
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2
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual prom-
ises and covenants contained in this Agreement, and other good and valuable consideration,
the receipt and sufficiency of which is expressly acknowledged by the parties, Ontario and the
Recipient agree as follows:
ARTICLE 1 - INTERPRETATION
1.1 Definitions. The following terms shall have the meanings ascribed to them below unless
there is something in the context inconsistent therewith:
“Actual Investment” means the dollar amount of the actual and verifiable expenditures
made by the Recipient on account of the Project Investment Commitment as at the date
such calculation is to be made.
“Agreement” means this agreement, including all of the Schedules hereto, and all
amendments made hereto in accordance with the provisions hereof.
“Amount Incurred” has the meaning set out in section 5.2(a)(i).
“Annual Cap” means the maximum financial obligation payable by Ontario in each Fis-
cal Year set out in section 5.1.
“Applicable Laws” means any law, statute, by-law, ordinance, decree, requirement, di-
rective, order, judgment, license, permit, code or regulation having the force of law, and
any applicable determination, interpretation, ruling, order or decree, of any governmental
authority or arbitrator, which is legally binding at such time.
“Arm’s Length” has the meaning attributed thereto for the purposes of the Income Tax
Act (Canada) and “Non-Arm’s Length” shall have the opposite meaning.
“Business Plan” means the business plan prepared by the Recipient and approved by
Ontario on January 21, 2020 and supporting material submitted to Ontario in support of
a request for the Grant.
“Carry Forward Amount” has the meaning set out in section 5.2(c).
“CPA Canada” means the Chartered Professional Accountants of Canada and any suc-
cessor institute.
“Deemed Abandonment” means the failure to complete the Project on or before the
Project Completion Date in the opinion of Ontario, acting reasonably.
“Disbursement” means any payment of funds by Ontario to the Recipient on account of
the Grant and includes the Performance Payment.
“Effective Date” means the date first set out herein.
“Eligible Project Expenditures” means the dollar amount of the actual and verifiable
expenditures made by the Recipient on account of the Eligible Project Expenditures
Categories incurred and paid from the Project Start Date up to and including the Project
Completion Date, or such other date as required under the Agreement.
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3
“Eligible Project Expenditures Categories” means the categories of eligible expendi-
tures related to the Project set out in Schedule “B”.
“Eligible Project Expenditures Table” means the Eligible Project Expenditures table
substantially in the form contained in Schedule “C”.
“Event of Default” means the occurrence of any one or more of the events listed in
section 10.1.
“Final Certificate and Report” means a final certificate substantially in the form of
Schedule “F”, including all required attachments.
“Financial Statements” means the annual financial statements consisting of a state-
ment of income, balance sheet, and statement of cash flow for a Fiscal Year, together
with the notes thereto, all prepared in accordance with GAAP.
“Fiscal Year” means any of Fiscal Year 1, Fiscal Year 2 or Fiscal Year 3 (and “Fiscal
Years” means more than one of them), where:
“Fiscal Year 1” means the period from the Project Start Date to and including De-
cember 31, 2020;
“Fiscal Year 2” means the period from January 1, 2021 to and including December
31, 2021; and
“Fiscal Year 3” means the period from January 1, 2022 to and including December
31, 2022.
“Force Majeure” has the meaning set out in section 11.13.
“GAAP” means Canadian generally accepted accounting principles as adopted by CPA
Canada applicable as at the date on which such calculation is made or required to be
made in accordance with generally accepted accounting principles and includes Interna-
tional Financial Reporting Standards to the extent the same is adopted by CPA Canada
and is in effect on the relevant date.
“Government Assistance” has the meaning set out in section 2.4(a).
“Grant” means a conditional grant in the total amount of up to $1,205,000, as such
amount may be reduced in accordance with section 5.2.
“Hazardous Substance” means any pollutant, contaminant or substance that when re-
leased to the natural environment is likely to cause, at some immediate or future time,
material harm or degradation to the natural environment or a material risk to human
health and without restricting the generality of the foregoing, Hazardous Substance in-
cludes any pollutant, contaminant, waste, hazardous waste or dangerous good as
defined by Applicable Laws for the protection of the natural environment or human
health.
“HST” means tax imposed under Part IX of the Excise Tax Act (Canada) and any similar
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4
value-added or multi-staged tax imposed by any jurisdiction.
“Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her Ministers,
agents, appointees and employees.
“Independent Auditor’s Report” means the independent auditor’s report substantially
in the form of Schedule “F-1”.
“Intellectual Property” means any intellectual, industrial or other proprietary right of
any type in any form protected or protectable under the laws of Canada, any foreign
country, or any political subdivision of any country, including, without limitation, any intel-
lectual, industrial or proprietary rights protected or protectable by legislation, by common
law or at equity.
‘‘Investment Target Clawback” has the meaning set out in section 4.1.
“IP Rights” has the meaning set out in section 7.1(o)(i).
“Material Adverse Effect” means a material adverse effect on the business, assets, op-
erations or financial condition of the Recipient.
“Ontario Support” means the actual amount of monies advanced by Ontario to the Re-
cipient on account of the Grant.
“Performance Payment” means the final Disbursement, if any, calculated in accord-
ance with section 5.3.
“Person” includes an individual, partnership, whether general, limited or undeclared,
corporation, limited liability company, unlimited liability company, joint stock company,
trust, unincorporated association, joint venture, governmental authority or other entity of
whatever nature.
“Post-Project Fiscal Year” means any of Post-Project Fiscal Year 4, Post-Project Fis-
cal Year 5, or Post-Project Fiscal Year 6, where:
“Post-Project Fiscal Year 4” means the period from January 1, 2023 to and includ-
ing December 31, 2023;
“Post-Project Fiscal Year 5” means the period from January 1, 2024 to and includ-
ing December 31, 2024; and
“Post-Project Fiscal Year 6” means the period from January 1, 2025 to and includ-
ing December 31, 2025.
“Project” has the meaning set out in summary in Schedule “A” and in greater detail in
Schedule “A-1”.
“Project Completion Date” means December 31, 2022.
“Project Financing” means the financing for the Project as more particularly set out in
Schedule “A-1”.
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5
“Project Investment Commitment” means the minimum expenditures of $2,410,000
on account of Eligible Project Expenditures.
“Project Investment Commitment Budget” means the Project investment commitment
budget set out in Schedule “B-1”.
“Project Start Date” means April 16, 2020.
“Project Status Report” means the report substantially in the form of Schedule “C”.
“Project Site” means the project site located at 3001 Highway 3, Tillsonburg, ON N4G
5A7 and legally described as Part of Lots 1 and 2, Concession 5 North of Talbot Road,
Geographic Township of Middleton, Town of Tillsonburg, County of Oxford, and more
particularly described as Parts 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Plan 41R-8326 and
Parcel Identification Numbers 000380020, 000380157, 000380023, 000380024,
000380022.
“Provincial Stacking Exceptions” has the meaning set out in section 2.4(a).
“Related Parties” includes any member, director, officer or employee of the Recipient
or any individual related by blood, adoption or marriage to any such person or any other
Person not dealing at Arm’s Length with any such person.
“Request for Disbursement” means the senior officer’s certificate substantially in the
form of Schedule “E”.
“Term” means the term of the Agreement which shall commence on the Effective Date
and shall expire on July 31, 2023, unless terminated earlier in accordance with the pro-
visions of the Agreement.
1.2 Currency. Any reference to currency is to Canadian currency and any amount advanced,
paid or calculated is to be advanced, paid or calculated in Canadian currency.
1.3 Auditors. Other than audits conducted under section 6.8, all references to auditors in the
Agreement are to independent third party external licensed public accountants.
1.4 Conflict. In the event of a conflict between any provision in the Schedules to the Agree-
ment and the body of the Agreement, the provisions of the body of the Agreement shall
prevail.
1.5 Schedules. All references to Schedules refer to Schedules of the Agreement which are
part of and form an integral part of the Agreement. The schedules of the Agreement are:
Schedule “A” Table of Summary Project Information
Schedule “A-1” Project Description, Milestones, Deliverables, Timelines and Pro-
ject Related Definitions
Schedule “B” Eligible Project Expenditures Categories
Schedule “B-1” Project Investment Commitment Budget
Schedule “C” Project Status Report
Schedule “D” Annual Certificate
Schedule “E” Request for Disbursement
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Schedule “F” Final Certificate and Report
Schedule “F-1” Independent Auditor’s Report
Schedule “G” Post-Project Annual Report
1.6 Reference to Statute or Regulation. Any reference to a statute is to such statute and to
the regulations made pursuant to such statute as such statute and regulations may at
any time be amended or modified and in effect and to any statute or regulations that may
be passed that have the effect of supplanting or superseding such statute or regulations,
unless provided otherwise within the Agreement.
1.7 Singular/Plural and Gender Terms. Each definition in the Agreement using a singular
capitalized term or other word or phrase within the Agreement shall also apply to the plu-
ral form and such term, word or phrase and vice versa. All references to the masculine
gender shall include reference to the feminine or neuter gender and vice versa in each
case as the context may permit or require.
1.8 Sections and Other Headings. The section and other headings contained in the Agree-
ment are for reference purposes only and shall not affect the meaning or interpretation of
the Agreement.
1.9 Recitals. The recitals to the Agreement do not form part of the Agreement.
ARTICLE 2 –THE PROJECT
2.1 Completion of Project. The Recipient shall complete the Project on or before the Project
Completion Date in accordance with the Project description, milestones and delivera-
bles, timelines and Project Investment Commitment Budget, all as more particularly set
out in Schedules “A-1” and “B-1”.
2.2 Project Investment. The Recipient agrees to invest in the Project a minimum amount
equal to the Project Investment Commitment from the Project Start Date up to and in-
cluding the Project Completion Date.
2.3 Project Financing. The Recipient agrees that financing for completion of the Project has
been confirmed as described in Schedule “A-1”. Any overruns or Project Financing defi-
ciencies are to be the responsibility of the Recipient. In the event that the expected
Project Financing becomes unavailable, the Recipient shall provide the funding from in-
ternal or other resources acceptable to Ontario.
2.4 Stacking.
(a) Stacking with other provincial programs is not permitted except that the Recipient
may receive supports provided through SWODF’s complementary services (“Provincial
Stacking Exceptions”). The total amount of provincial and federal assistance for Eligi-
ble Project Expenditures, including those received from the Provincial Stacking
Exceptions (collectively, “Government Assistance”) cannot exceed 75% of the Eligible
Project Expenditures.
(b) If Ontario determines that the Recipient has received Government Assistance that
exceeds 75% of Eligible Project Expenditures, then the Recipient shall pay to Ontario,
within 20 days of being notified by Ontario, an amount equal to the excess. For clarity, in
no event shall the Recipient be required to pay to Ontario any amount under this section
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7
2.4(b) greater than the Ontario Support together with the costs of collection pursuant to
section 10.6 and interest pursuant to section 10.7.
ARTICLE 3 – CONDITIONAL GRANT
3.1 Grant. Subject to and in accordance with the terms and conditions of the Agreement,
and in reliance on the representations and warranties in Article 7, Ontario agrees to pro-
vide the Grant to the Recipient to assist the Recipient to finance Eligible Project
Expenditures.
3.2 Use of Funds. All Grant funds shall be used by the Recipient solely for the payment of
Eligible Project Expenditures.
3.3 Interest Bearing Account. If Ontario provides Grant funds before the Recipient’s imme-
diate need for the Grant funds, the Recipient shall place the Grant funds in an interest
bearing account in the name of the Recipient at a Canadian financial institution.
ARTICLE 4 - MANDATORY REPAYMENT OF GRANT
4.1 Investment Target Clawback. If the Project Investment Commitment is not achieved on
or before the Project Completion Date, the Recipient shall repay a cash amount to On-
tario in accordance with the following formula:
𝐼𝑖𝑟𝑒𝑟𝑟𝑖𝑒𝑖𝑟 𝑆𝑎𝑟𝑔𝑒𝑟 𝐶𝑖𝑎𝑟𝑎𝑎𝑎𝑖=𝑂𝑖𝑟𝑎𝑟𝑖𝑖 𝑆𝑟𝑖𝑖𝑖𝑟𝑟−(𝐴𝑎𝑟𝑟𝑎𝑖 𝐼𝑖𝑟𝑒𝑟𝑟𝑖𝑒𝑖𝑟
𝑂𝑟𝑖𝑖𝑒𝑎𝑟 𝐼𝑖𝑟𝑒𝑟𝑟𝑖𝑒𝑖𝑟 𝐶𝑖𝑖𝑖𝑖𝑟𝑖𝑒𝑖𝑟∗$𝐺𝑟𝑎𝑖𝑟)
^^when calculating the Investment Target Clawback at the Project Completion Date, the Ontario Support shall be deemed
to include any earned but unpaid portion of the Performance Payment
The Investment Target Clawback shall be calculated as at the earlier of (i) an Event of
Default; and (ii) the Project Completion Date. The Recipient shall repay the Investment
Target Clawback, if any, within 20 days of notification in writing from Ontario. Notwith-
standing any other provision of the Agreement, if the Recipient does not deliver to
Ontario the Independent Auditor’s Report and the Final Certificate and Report within the
required time, then the Investment Target Clawback amount shall be deemed to be an
amount equal to the Ontario Support, which amount shall be immediately due and paya-
ble.
For greater certainty, should an Investment Target Clawback calculation result in a
negative amount, such amount shall be deemed to be zero.
4.2 Maximum Clawback. Notwithstanding anything contained in the Agreement, the Invest-
ment Target Clawback cannot be negative or greater than the Ontario Support. Upon
notice to the Recipient, interest shall accrue on the calculated amount in accordance
with section 10.6.
ARTICLE 5 - TERMS AND CONDITIONS OF DISBURSEMENTS
5.1 Annual Cap. Subject to the provisions of the Agreement, the Grant is to be paid in annu-
al instalments which shall not exceed the Annual Cap for each Fiscal Year. The Annual
Cap for each Fiscal Year is the maximum amount specified below:
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8
(a) Fiscal Year 1 - $241,000;
(b) Fiscal Year 2 - $723,000; and
(c) Fiscal Year 3 - $241,000 (being the Performance Payment).
5.2 Disbursement Calculation.
(a) Disbursement Amount. For Fiscal Year 1, Ontario will disburse the Fiscal Year 1
Annual Cap in accordance with section 5.4; for all remaining Fiscal Years, in
each Fiscal Year, Ontario will disburse the lesser of:
(i) the aggregate of (i) 50% Eligible Project Expenditures incurred and paid
in that Fiscal Year (the “Amount Incurred”) and (ii) any Carry Forward
Amount; and
(ii) the Annual Cap for that Fiscal Year.
(b) Reduction of Grant.
(i) For Fiscal Years 1 and 2. Where the sum of the Amount Incurred in re-
spect of Fiscal Year 1 and Fiscal Year 2 is less than the sum of the
Annual Cap for Fiscal Year 1 and Fiscal Year 2, Ontario may reduce the
aggregate amount of the Grant without liability, penalty or cost by the dif-
ference between (i) the sum of the Annual Cap for Fiscal Year 1 and
Fiscal Year 2 and (ii) the sum of the Amount Incurred in respect of Fiscal
Year 1 and Fiscal Year 2.
(ii) All remaining Fiscal Years. Where the Disbursement in a Fiscal Year,
other than Fiscal Year 1 and Fiscal Year 2, is less than the Annual Cap
for that Fiscal Year, Ontario may reduce the aggregate amount of the
Grant without liability, penalty or cost by the difference between the An-
nual Cap and the Disbursement.
(c) Determination of Carry Forward Amount. The “Carry Forward Amount” means
the amount by which the Amount Incurred in a Fiscal Year exceeds the Annual
Cap for that Fiscal Year. Each time a Carry Forward Amount is applied in a Dis-
bursement calculation, the Carry Forward Amount available in the next Fiscal
Year shall be reduced by the amount of the Carry Forward Amount already dis-
bursed; any unused portion of any Carry Forward Amount shall continue to be
included in the Disbursement calculation in succeeding Fiscal Years until all Car-
ry Forward Amounts are fully exhausted. For the avoidance of doubt, in no event
shall the Recipient be entitled to receive any funds in excess of the maximum
amount of the Grant under the Agreement.
5.3 Performance Payment Disbursement. Subject to the provisions of the Agreement, Ontar-
io will disburse the Performance Payment within 90 days of:
(a) the Recipient meeting to Ontario’s satisfaction the conditions of disbursement in-
cluding, in accordance with section 5.6, providing Ontario with a Request for
Disbursement and the necessary evidence that the Recipient has incurred and
paid Eligible Project Expenditures since the date of the immediately preceding
Disbursement; and
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(b) receipt and acceptance by Ontario of an Independent Auditor’s Report and a Fi-
nal Certificate and Report as required pursuant to sections 6.6 and 6.7.
Provided however that the Performance Payment shall be reduced by the amount of the
Investment Target Clawback, if any. If the Performance Payment is less than the In-
vestment Target Clawback, the Recipient shall pay to Ontario the difference between the
Investment Target Clawback and the Performance Payment.
5.4 Conditions of First Disbursement. Subject to the terms and conditions of the Agreement,
Ontario will disburse to the Recipient the Annual Cap for Fiscal Year 1 upon the Recipi-
ent’s completion, by no later than, September 30, 2020, of the following conditions
precedent completed to the satisfaction of Ontario:
(a) Insurance. The Recipient shall provide Ontario with a valid certificate of insur-
ance evidencing the insurance coverage that the Recipient:
(i) is required to maintain pursuant to section 8.8. and
(ii) has maintained from the Project Start Date to the Effective Date, at its
own expense, with insurers having a secure A.M. Best rating of B + or
greater, or the equivalent, all the necessary and appropriate insurance
that a prudent Person carrying out a project similar to the Project would
maintain, including commercial general liability insurance on an occur-
rence basis for third party bodily injury, personal injury and property
damage, to an inclusive limit of not less than two million dollars
($2,000,000) per occurrence.
(b) Council Approval of Financing. Receipt of evidence by Ontario that the Recipi-
ent’s council has authorized the Project and that Project Financing in the
amounts identified in Schedule “A-1”, other than the Grant, will be available as
and when needed for the completion of the Project.
(c) Receipt of evidence by Ontario that the Recipient’s council has authorized the
Recipient’s execution of the Agreement by municipal by-law.
(d) Receipt of evidence by Ontario that the Recipient has calculated an updated debt
and finance obligation limit based on Ontario Regulation 403/02 under the Munic-
ipal Act, 2001.
5.5 Condition of Second Disbursement. In addition to the requirements set out in section
5.6, on or before the second Disbursement, the Recipient shall provide Ontario with a
Request for Disbursement certifying, amongst other things that Eligible Project Expendi-
tures in the amount of at least $482,000 have been incurred and paid in respect of the
Fiscal Year 1 Annual Cap.
5.6 Conditions of Subsequent Disbursements. On or before each subsequent Disbursement
to the first Disbursement, upon the following conditions being met or complied with to the
satisfaction of Ontario, and subject to the terms and conditions of the Agreement, Ontar-
io will disburse such Disbursements to the Recipient:
(a) Request for Disbursement. Within 90 days following the end of each Fiscal Year,
starting with Fiscal Year 2, the Recipient shall provide Ontario with a Request for
Disbursement. Ontario will have no obligation to pay the Disbursement and re-
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10
serves the right to cancel the Grant in its sole discretion if the Recipient has not
requested the Disbursement within the required 90 day period.
(b) Accounting Evidence. The Recipient shall provide satisfactory evidence to Ontar-
io that the Recipient has incurred and paid sufficient Eligible Project Expenditures
to have earned the requested Disbursement, which evidence shall include the
following:
(i) a Project Status Report;
(ii) if the Recipient submits a Request for Disbursement in respect of Eligible
Project Expenditures incurred and paid to Non-Arm’s Length suppliers,
the Recipient shall provide the Project Status Report described in para-
graph (i) above together with a certificate of the external auditor of the
Recipient confirming that the transaction was on terms that are fair and
reasonable to the Recipient and that are no less favourable to the Recipi-
ent than those that could be obtained in a comparable transaction from an
Arm’s Length supplier. Provided however, that an auditor’s certificate
shall not be required for Eligible Project Expenditures which have been
incurred and paid by the Recipient and submitted to Non-Arm’s Length
suppliers where invoices can be produced supporting the transaction at
no increased cost; and
(iii) at Ontario’s option, invoices from suppliers and proof of payment may al-
so be required.
(c) Inspection. Ontario has had the opportunity to physically inspect the Project Site.
(d) Attainment of Milestones, Deliverables and Timelines. The Recipient has satis-
factorily performed and attained, in the opinion of Ontario, acting reasonably, the
milestones, deliverables and timelines set out in Schedule “A-1” as of the date of
the Request for Disbursement.
5.7 Conditions to the Grant.
(a) Any Disbursement to be made by Ontario pursuant to the Agreement is subject
to there being an appropriation by the Legislative Assembly for the Fiscal Year in
which the Disbursement is to be made. If Ontario does not receive the necessary
appropriation, Ontario shall not be obligated to make any such payment. As a
consequence, Ontario may terminate the Agreement immediately upon giving no-
tice to the Recipient and may demand repayment of any portion of the Grant that
has not been used or committed by the Recipient to defray Eligible Project Ex-
penditures.
(b) The total Grant received by the Recipient cannot exceed 50% of total Eligible
Project Expenditures, up to the maximum amount of the Grant.
(c) If under any agreement between the Recipient and Her Majesty the Queen in
right of Ontario, any fees, levies or taxes or other amounts are owed to Her Maj-
esty the Queen in right of Ontario or her agencies, including the Minister of
Finance, the Recipient hereby authorizes Ontario to pay any or all of these
amounts on behalf of the Recipient out of the amount of the Grant. Ontario will
notify the Recipient prior to implementing any set-off of funds.
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(d) Without restricting the applicability of other remedies or provisions of the Agree-
ment, Ontario shall be entitled, in its sole and unfettered discretion, to refuse to
make any Disbursements or any further Disbursements, if:
(i) an Event of Default has occurred and is continuing;
(ii) an event which would otherwise be an Event of Default but for the giving
of notice and the passage of time to remedy the Event of Default has oc-
curred and is continuing;
(iii) the occurrence of an Event of Default reasonably appears to be imminent,
in Ontario’s opinion; or
(iv) the Disbursement will result in the occurrence of an Event of Default.
5.8 Right to Collect Interest. Where the Amount Incurred in respect of Fiscal Year 1 and
Fiscal Year 2, collectively, is less than the Annual Cap for Fiscal Year 1, Ontario may
demand from the Recipient the interest earned in accordance with section 3.3 on the
amount by which the Amount Incurred in Fiscal Year 1 and Fiscal Year 2, collectively, is
less than the Fiscal Year 1 Annual Cap.
ARTICLE 6 - REPORTING AND MONITORING
6.1 Annual Certificate. Within 90 days after the end of each Fiscal Year, the Recipient shall
provide Ontario with an annual certificate substantially in the form of Schedule “D”
signed by a senior officer of the Recipient.
6.2 Annual Project Status Report. Within 90 days after the end of each Fiscal Year, the Re-
cipient shall provide Ontario with a Project Status Report. Ontario, at its sole discretion,
reserves the right to demand more frequent Project Status Reports.
6.3 Intentionally Deleted
6.4 Post-Project Reporting. The Recipient shall:
(a) within 120 days after the end of each Post-Project Fiscal Year, provide Ontario
with a post-Project annual report substantially in the form of Schedule “G” signed
by a senior officer of the Recipient; and
(b) during the Term and up to three years after the Project Completion Date, make
best efforts to participate and respond to any SWODF surveys in relation to the
Project or the Grant provided by Ontario.
6.5 Other Reports. The Recipient shall promptly furnish to Ontario such other reports and
information as Ontario may reasonably require.
6.6 Independent Auditor’s Report.
(a) Within 120 days of the Project Completion Date or as required by section 10.3,
the Recipient shall provide Ontario an Independent Auditor’s Report certifying the
total Eligible Project Expenditures that have been incurred and paid by the Recip-
ient from the Project Start Date up to and including the Project Completion Date.
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6.7 Final Certificate and Report. Within 120 days of the Project Completion Date or as re-
quired by section 10.3, the Recipient shall provide Ontario with a Final Certificate and
Report signed by a senior officer of the Recipient together with such other information as
may be requested by Ontario.
6.8 Review and Audit.
(a) The Recipient shall permit persons designated by Ontario to visit and inspect the
Project Site at Ontario’s expense, to examine and copy the Recipient’s books
and financial records, and to discuss its affairs, finances and accounts all at such
reasonable times as may be requested by Ontario.
(b) Ontario’s right of inspection includes the right to perform a full or partial audit at
any time, including at the Project Completion Date, for purposes including con-
firming:
(i) that Eligible Project Expenditures have been incurred and paid by the Re-
cipient from the Project Start Date up to and including the Project
Completion Date; and
(ii) the Eligible Project Expenditures Table of the Recipient with respect to to-
tal Project expenditures.
(c) Without limiting the generality of the foregoing, the Recipient shall at Ontario’s
request meet with Ontario or its duly authorized agent at least annually to review
the progress of the Project and to review the Recipient’s compliance with the
terms and conditions of the Agreement. As may be requested by Ontario, invoic-
es from suppliers and proof of payment may also be required.
(d) For greater certainty, Ontario’s rights under this Article are in addition to any
rights provided to the Auditor General of Ontario pursuant to section 9.2 of the
Auditor General Act (Ontario).
ARTICLE 7 -REPRESENTATIONS AND WARRANTIES
7.1 Representations and Warranties. The Recipient represents and warrants to and in fa-
vour of Ontario that:
(a) The Recipient has furnished to Ontario copies of its most recent Financial State-
ments and such Financial Statements are correct and complete and fairly present
the financial position of the Recipient as of the date indicated therein and the re-
sults of its operation and the changes in its financial position for the years then
ended in accordance with GAAP. Since the date of its last Financial Statement s,
there has been no material change in the financial condition of the Recipient oth-
er than changes in the ordinary course of business.
(b) Recipient has taken all necessary actions to authorize the execution of the
Agreement including passing a municipal by-law authorizing the Recipient to en-
ter into the Agreement with Ontario.
(c) The Recipient has established and shall maintain administrative practices and
governance procedures to provide for the prudent and effective management of
the Grant.
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13
(d) The Project Financing, Project budget and estimates of expenditures are accu-
rately set out in Schedules “A-1” and “B-1”.
(e) With respect to the information and documentation, including forecasts, submit-
ted to Ontario in support of the Business Plan, that:
(i) the forecasts were based upon the judgment of directors and officers of
the Recipient, who considered the most likely set of future conditions in
their opinion at that time and their impact upon the Recipient;
(ii) the information used in preparing the Business Plan substantially reflects
the plans of the Recipient;
(iii) the assumptions relied upon in preparing the forecasts are appropriate
and reasonable in the opinion of directors and officers of the Recipient;
(iv) adequate support documentation outlining methods and procedures used
in preparing the forecasts is available from the Recipient;
(v) all statements and documentation provided to Ontario in support of the
Business Plan are true and correct; and
(vi) the Recipient confirms the Recipient’s consent for Ontario to release the
Recipient’s taxpayer information to the Ministry of Finance for the purpose
of verifying compliance with all statutes administered by the Ministry of
Finance and for the purposes of administering the SWODF.
The Recipient recognizes that Ontario has relied upon the truth, authenticity and
accuracy of the information and documentation contained in the Business Plan in
authorizing the Grant.
(f) The proceeds of the Grant will be used by the Recipient exclusively for Eligible
Project Expenditures and for no other purpose.
(g) There are no charges or criminal convictions under the Criminal Code (Canada)
outstanding against the Recipient.
(h) There are no actions, suits or proceedings pending or, to the knowledge of the
Recipient, threatened, which would reasonably be expected to have a Material
Adverse Effect on the Project or the ability of the Recipient to perform its obliga-
tions under the Agreement.
(i) There is no fact which the Recipient has not disclosed in writing to Ontario which
adversely affects or, so far as the Recipient can now reasonably foresee, will ad-
versely affect the Project or the ability of the Recipient to perform its obligations
under the Agreement in each case, in any material respect.
(j) The Recipient is not in default in any material respect in connection with Canadi-
an federal, provincial, municipal or local taxes, assessments or other imposts or
penalties due and unpaid in respect of its income, business or property or for the
payment of any tax instalment due in respect of its current taxation year. The Re-
cipient has fulfilled all material requirements under the Income Tax Act (Canada),
the Canada Pension Plan (Canada) and the Employment Insurance Act (Cana-
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14
da) for withholding of amounts from employees and has remitted all amounts
withheld to the appropriate authorities within the prescribed times.
(k) In connection with the Project Site, the Recipient does not have any knowledge
of having caused or permitted the release of any Hazardous Substance on the
Project Site except in compliance with Applicable Laws. All Hazardous Sub-
stances have, to the knowledge of the Recipient, been used, disposed of, treated
and stored by the Recipient in compliance with Applicable Laws.
(l) The Recipient has not received any notice of any construction liens currently out-
standing in respect of the Project Site.
(m) The Recipient is in compliance with all Applicable Laws.
(n) With respect to the Intellectual Property required for the Recipient to carry out its
obligations under the Agreement:
(i) The Recipient has all necessary rights to the Intellectual Property (includ-
ing any necessary technology transfer and know how) (“IP Rights”)
required to carry out and complete the Project;
(ii) The Recipient has not received any notice, claim or threat of any claim
that it is infringing the IP Rights of third parties in respect of the Project;
and
(iii) The Recipient has not and will not dispose of, license or otherwise en-
cumber the IP Rights referred to in subparagraph (i) in such a way that
the Recipient knowingly compromises such IP Rights required to carry out
and complete the Project.
(o) The business of the Recipient and all its properties and assets are covered by
such policies of insurance, issued by licensed insurers, as are appropriate to
such business, property and assets, in such amounts and against such risks as
set out in section 8.8.
(p) No Event of Default has occurred and is continuing, nor has any event occurred
which with the giving of notice, the passage of time, or both, will result in an
Event of Default.
(q) The Recipient is in actual possession of the Project Site and has good and mar-
ketable title or leasehold interest to its properties and assets necessary to carry
out the Project.
ARTICLE 8 –AFFIRMATIVE COVENANTS
8.1 Project Completion. The Recipient shall complete the Project in accordance with the
terms of the Agreement. The Recipient shall immediately notify Ontario of any increase
in the total cost of the Project.
8.2 Use of Proceeds. The Recipient will use the Grant solely for Eligible Project Expendi-
tures.
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8.3 Rights of Inspection and Inquiry. The Recipient shall keep and maintain all records, in-
voices and other documents relating to the Project and the Grant in a manner consistent
with GAAP, and keep them available for review by Ontario and its agents or authorized
representatives, including the Auditor General of Ontario, during the Term and for a pe-
riod of seven years thereafter.
8.4 Compliance with Agreements. The Recipient will perform and satisfy all covenants and
obligations to be performed by it under the Agreement, and under any other agreement
or undertaking now or hereafter made between it and Her Majesty the Queen in right of
Ontario.
8.5 Existence. The Recipient will preserve and maintain its existence, rights, powers, licenc-
es, privileges, and goodwill, and exercise any rights of renewal or extensions of any
leases, licences, or any other rights which are necessary or material to the conduct of its
business.
8.6 Compliance with Laws. The Recipient shall comply with all Applicable Laws which could
affect the Project Site, the Project, and the Recipient’s obligations under the Agreement.
8.7 Taxes. The Recipient shall file all material tax returns and pay or cause to be paid as
they become due all taxes, assessments, and governmental charges lawfully levied and
imposed upon its property or upon its business, including the Project Site, unless the
same are being diligently contested in good faith and by appropriate proceedings or as
to which a bona fide dispute may exist.
8.8 Insurance. The Recipient shall put in effect and maintain for the period during the Term,
at its own expense, with insurers having a secure A.M. Best rating of B + or greater, or
the equivalent, all the necessary and appropriate insurance that a prudent Person carry-
ing out a project similar to the Project would maintain, including commercial general
liability insurance on an occurrence basis for third party bodily injury, personal injury and
property damage, to an inclusive limit of not less than two million dollars ($2,000,000)
per occurrence. The policy shall include the following:
(a) the Indemnified Parties as additional insureds with respect to liability aris-
ing in the course of performance of the Recipient’s obligations under, or
otherwise in connection with, the Agreement;
(b) a cross-liability clause;
(c) contractual liability coverage; and
(d) 30 day written notice of cancellation, termination or material change.
The Recipient shall provide Ontario with a copy of the certificate that confirms the re-
quired insurance coverage and, within 90 days of the renewal, any renewal replacement
certificates as may be necessary. Upon the request of Ontario, the Recipient shall make
available to Ontario a copy of each insurance policy.
8.9 Indemnity. The Recipient shall indemnify and hold harmless the Indemnified Parties from
and against any and all liability, loss, costs, damages and expenses (including without
limitation, legal, expert and consultant fees and disbursements), causes of action, ac-
tions, claims, demands, lawsuits or other proceedings, by whomever made, sustained,
incurred, brought or prosecuted, in any way arising out of or in connection with the Pro-
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16
ject or otherwise in connection with the Agreement, unless solely caused by the negli-
gence or wilful misconduct of the Indemnified Parties.
8.10 Litigation. The Recipient shall promptly provide notice to Ontario, including reasonable
particulars as to be determined by Ontario, of: (a) any criminal charges filed against the
Recipient and (b) each action, suit or proceeding which claims damages in excess of
$500,000 against the Recipient pending, or to the knowledge of the Recipient, threat-
ened before any court or before any tribunal, governmental department, commission or
agency.
8.11 Project Expenditures. The Recipient shall promptly notify Ontario of any cost overrun or
change orders that may have a Material Adverse Effect on the Project as compared with
the Project Investment Commitment Budget, as set forth in Schedule “B-1”, attached
hereto. Ontario will not be obliged to fund any such overrun of costs and may require
proof of payment prior to any further Disbursements.
8.12 Environmental. In connection with the Project Site, the Recipient shall not knowingly
cause or permit the release of any Hazardous Substance on the Project Site, except in
compliance with Applicable Laws. All Hazardous Substances shall be used, disposed of,
treated and stored by the Recipient in compliance with Applicable Laws.
8.13 Notice to Ontario. The Recipient shall provide prompt notice of:
(a) any Material Adverse Effect;
(b) any abandonment of the Project by the Recipient; or
(c) any representation or warranty made by the Recipient in the Agreement or any
certificate delivered to Ontario pursuant hereto that has become or is likely to be-
come untrue in any respect.
8.14 Procurement. The Recipient shall ensure that all contracts and subcontracts, including
consultant contracts, for work and services and for the purchase of goods related to the
Project are obtained pursuant to a process that ensures best value for money.
8.15 Reports. The Recipient shall ensure that all reports, certificates and other documents
required to be delivered to Ontario pursuant to the Agreement are completed to the sat-
isfaction of Ontario. Ontario may, from time to time, require the Recipient to complete
reports, certificates and other documents on an electronic system, including Transfer
Payment Ontario.
ARTICLE 9 – NEGATIVE COVENANTS
9.1 The Recipient covenants and agrees that, during the Term, it shall not, without the prior
written approval of Ontario:
(a) Disposition of Assets. sell, assign, transfer, lease, license, convey or otherwise
dispose of any of the Project assets or all or substantially all of the assets com-
prising the Project Site, except such dispositions as would be consistent with the
disposition of surplus assets in the normal course of business and sales of real
property contemplated by the Business Plan.
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17
(b) Transactions with Affiliates. sell property or services to, or purchase property or
services from, or otherwise engage in any other transactions with, any Related
Parties, except for transactions in the ordinary course of business at prices and
on terms and conditions not less favourable to the Recipient than could be ob-
tained on an Arm’s Length basis from unrelated third parties.
ARTICLE 10 - DEFAULT AND ENFORCEMENT
10.1 Events of Default. Each of the following is an Event of Default:
(a) failure by the Recipient to perform or comply with any covenant or other term of
the Agreement required to be performed or complied with by the Recipient, in-
cluding, but not limited to, the failure to perform or comply with the reporting
requirements set out in Article 6;
(b) failure by the Recipient to repay any amount of the Grant when it becomes due,
including failure to pay the Investment Target Clawback required pursuant to Ar-
ticle 4;
(c) failure by the Recipient to make a Request for Disbursement in accordance with
section 5.6;
(d) abandonment or Deemed Abandonment of the Project by the Recipient;
(e) if any representation or warranty made by the Recipient in the Agreement or any
certificate delivered to Ontario pursuant hereto shall be or become materially un-
true in any respect;
(f) default of any material obligations of the Recipient under the Agreement includ-
ing a default of a term or condition, but for the giving of notice and/or the passage
of time to remedy;
(g) default of a term or condition in any other agreement between Her Majesty the
Queen in right of Ontario and the Recipient but for the giving of notice and/or the
passage of time to remedy;
(h) final judgment or decree for the payment of money due is obtained or entered
against the Recipient, except in respect of a judgment which (i) was the subject
of a bona fide dispute, (ii) is not material to the financial condition, business or
operations of the Recipient (and without restricting the generality of the forego-
ing, a judgment of $50,000 or more shall be deemed to be material), and (iii) is
paid in full within 30 days after judgment;
(i) any part of the Project Financing that has become unavailable is not replaced by
the Recipient within 90 days on similar terms and conditions; or
(j) occurrence of a Material Adverse Effect in the opinion of Ontario, acting reason-
ably.
10.2 Ontario May Waive. Ontario may, at any time, waive any Event of Default which may
have occurred provided that no such waiver shall extend to, or be taken in any manner
whatsoever to affect, any subsequent Event of Default or the right to remedies resulting
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18
therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of
such Event of Default unless such waiver is explicit and in writing from Ontario.
10.3 Remedies. In addition to any other rights which Ontario may have under the Agreement,
if any Event of Default shall occur and be continuing, Ontario shall have the following
rights and remedies provided that it has first given written notice of the Event of Default
to the Recipient and the Recipient has failed for whatever reason, subject to Force
Majeure, to remedy the Event of Default within 20 days of the receipt of such notice, or
such longer period of time as Ontario may consent to in writing:
(a) Ontario may, immediately, without further notice to the Recipient, without liability,
penalty or costs to Ontario, terminate the Agreement;
(b) Ontario shall be relieved of all obligations to make any Disbursements or any fur-
ther Disbursements to the Recipient;
(c) Ontario shall be entitled to retain the Performance Payment and any unpaid Car-
ry Forward Amount;
(d) An amount equal to the amount of the Investment Target Clawback shall become
immediately due and payable to Ontario; such sum shall be calculated as of the
date of the specified Event of Default based upon the Actual Investment as of the
date of calculation as verified by an Independent Auditor’s Report and/or a Final
Certificate and Report, such Independent Auditor’s Report and Final Certificate
and Report being due within 60 days of the specified Event of Default; and
(e) Ontario may avail itself of any of its legal remedies that are available to Ontario at
law or in equity and in its sole discretion, exercise any right or recourse and/or
proceed by any action, suit, remedy, or proceeding against the Recipient author-
ized or permitted by law for the recovery of any and all amounts payable to
Ontario pursuant to the Agreement, and no such remedy for the enforcement of
the rights of Ontario shall be exclusive of, or dependent on, any other remedy,
but any one or more of such remedies may from time to time be exercised inde-
pendently or in combination, provided however, that subject to section 8.9, in no
event shall the Recipient be required to pay to Ontario any amount in excess of
the Ontario Support together with the costs of collection pursuant to section 10.5
and interest pursuant to section 10.6.
Notwithstanding the foregoing, Ontario shall not be required to provide any notice or a
remedy period under this section 10.3 for any Event of Default arising under section 10.1
(b), (d), (f) or (g).
10.4 Additional Remedies Upon Certain Events of Default. In addition to the remedies con-
tained in section 10.3, section 10.5 and section 10.6, upon the occurrence of an event
specified in section 10.1(b), (d), (f) or (g) an amount equal to the remaining Ontario Sup-
port which has not already been repaid pursuant to section 10.3 herein shall become
immediately due and payable to Ontario.
10.5 Costs of Collection. All reasonable costs and expenses of collection, including legal fees
and professional fees associated therewith, of Ontario and its agents of all amounts ow-
ing hereunder shall be for the account of the Recipient and shall be immediately due and
payable to Ontario.
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19
10.6 Interest after Default. Interest at the then current rate charged by the Province of Ontario
on accounts receivable shall apply, from the date of any default notice to the Recipient,
to any and all amounts in the event that Ontario exercises any of its remedies pursuant
to section 10.3 or 10.4 until payment in full. For greater certainty, during the course of
any and all proceedings to collect such amounts such interest rate shall apply to and be
exigible as additional damages in any award of damages made by a court of competent
jurisdiction pursuant to any such action, all without the necessity of any further act or
agreement or notification to the Recipient.
ARTICLE 11 - GENERAL
11.1 No Conflict of Interest. The Recipient will carry out the Project and use the Grant funds
without an actual, potential, or perceived conflict of interest. A conflict of interest includes
any circumstances where: (a) the Recipient or (b) any Person who has the capacity to
influence the Recipient’s decisions, has outside commitments, relationships, or financial
interests that could, or could be seen to, interfere with the Recipient’s objective, unbi-
ased, and impartial judgment relating to the Project, the use of the proceeds of the
Grant, or both. Nothing in this section shall prevent the Recipient if it so chooses from re-
imbursing its volunteers for their reasonable out of pocket expenses incurred in
connection with the Project. The Recipient will disclose to Ontario, without delay, any
situation that a reasonable Person would interpret as an actual, potential, or perceived
conflict of interest and comply with any terms and conditions that Ontario may prescribe
as a result of the disclosure.
11.2 Entire Agreement. The Agreement contains the entire agreement between the Recipient
and Ontario and supersedes all prior agreements, obligations, statements, representa-
tions, understandings, warranties, communications and negotiations, whether oral or
written, with respect to the subject matter of the Agreement.
11.3 Amendments. The Agreement may be amended, altered or modified only by written
documents signed by both Ontario and the Recipient.
11.4 Survival. Section 1.1 (Definitions), section 2.4 (Stacking), Article 4 (Mandatory Repay-
ment of Grant), sections 5.1, 5.2 and 5.3 (as it relates to the Performance Payment
Disbursement), section 5.8 (Right to Collect Interest), Article 6 (Reporting and Monitor-
ing), Article 7 (Representations and Warranties), section 8.3 (Rights of Inspection and
Inquiry), section 8.9 (Indemnity), section 8.15 (Reports), Article 10 (Default and En-
forcement), section 11.2 (Entire Agreement), section 11.4 (Survival), section 11.6
(Materiality and Merger), section 11.11 (Non-Agent), section 11.12 (Governing Law),
section 11.15 (Severability), section 11.16 (No Control of Records), section 11.17 (Dis-
closure of the Agreement to the Public and Third Parties), and section 11.20 (Rights and
Remedies Cumulative) and all applicable cross-referenced provisions and Schedules
shall survive any expiry, termination or cancellation of the Agreement. Without limiting
the foregoing, all representations and warranties of the Recipient contained herein or in
any certificate or other writing delivered in connection herewith will survive the transac-
tions contemplated hereby and are material and have been or will be relied upon by
Ontario notwithstanding any investigation made by or on behalf of Ontario. For the pur-
pose of the foregoing, all statements contained in any certificate or other writing
delivered by or on behalf of the Recipient pursuant hereto or in connection with the
transactions contemplated hereby shall be deemed to be representations and warranties
of the Recipient contained herein.
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11.5 Waiver. No provision of the Agreement shall be deemed to be waived, and no breach
excused, unless such waiver or consent excusing the breach is explicit and in writing. A
waiver of any provision of the Agreement, or of any breach of any provision of the
Agreement, is not to be deemed or construed to be a waiver of any other provision of the
Agreement, or of any other breach, whether of the same or of any other provision, nor
shall any delay or omission on the part of any party to the Agreement to exercise or avail
itself of any right it has or may have under the Agreement, operate as a waiver of any
such breach or right, nor will any waiver or failure to enforce any of the provisions of the
Agreement in any way affect the validity of the Agreement or any part of it.
11.6 Materiality and Merger. All representations, warranties and covenants of the Recipient
made in the Agreement, the Business Plan or in any other document, certificate, ex-
penditure statement, or writing delivered by or on behalf of the Recipient pursuant to the
provisions of the Agreement, or otherwise with respect to the Project or the Agreement
and the transactions contemplated in the Agreement, are material, are deemed to have
been relied upon by Ontario and survive the execution of the Agreement.
11.7 Time. Time is of the essence of the Agreement.
11.8 Assignment. The Agreement and all documents delivered pursuant to it enure to the
benefit of Ontario and the Recipient, their respective assigns and successors at law. The
Agreement may not be assigned by the Recipient without the prior written consent of
Ontario.
11.9 Further Assurances. The Recipient agrees at any time and from time to time after the
execution and delivery of the Agreement to perform and deliver such further acts and
things as Ontario may reasonably request in order to fully effect the purpose of the
Agreement and the transactions contemplated herein.
11.10 Notices. Any notice, request, demand, consent, approval, correspondence, report or
other communication required pursuant to or permitted under the Agreement must be in
writing and must be given by personal delivery, or transmitted by fax or e-mail, or be
sent by postage prepaid mail, and addressed to the party to whom it is intended at its
address as set out below or addressed as either party may later designate to the other in
writing:
To Ontario:
Ministry of Economic Development, Job Creation and Trade
Business Partnerships and Programs Division
Funding Administration Branch
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
Facsimile No.: (416) 212 – 8696
Email: NoticesFundingPrograms@ontario.ca
To the Recipient:
Town of Tillsonburg
10 Lisgar Ave
Tillsonburg ON N4G 5A5
Attention: Development Commissioner and Clerk Department
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Facsimile No.: (519) 842-9431
Email: cpanschow@tillsonburg.ca, clerks@tillsonburg.ca
Any such notice shall be deemed to be received, if personally delivered or sent by fax or
other electronic message on the day it is sent and if such notice is sent by postage pre-
paid mail it shall be deemed to have been received on the date that is five days after the
date of mailing.
11.11 Non-Agent. The Recipient and Ontario agree and declare that nothing in the Agreement
shall be construed as creating a partnership, joint venture, or agency relationship be-
tween the Recipient and Ontario.
11.12 Governing Law. The Agreement and the rights of the parties hereto shall be governed in
all respects by and construed in accordance with the laws of the Province of Ontario and
the laws of Canada applicable therein and each party irrevocably attorns to the exclusive
jurisdiction of the courts of the Province of Ontario for any dispute, action or proceeding
arising out of or in connection with the Agreement. Nothing in the Agreement affects the
rights, protections and immunities of the Crown under the Crown Liability and Proceed-
ings Act, 2019 (Ontario).
11.13 Force Majeure. In the Agreement, “Force Majeure” includes civil commotions, acts of
God, weather, fires, floods, explosions, natural catastrophes, sabotages, accidents, fail-
ures of power, riots, invasion, insurrection and any additional peril or occurrence which
is, in the opinion of Ontario a Force Majeure. Upon the occurrence, if any, of an event
which is a Force Majeure, the party whose performance is affected, whether Ontario or
the Recipient, shall to the extent reasonably possible, minimize its adverse impact. Nei-
ther Ontario nor the Recipient shall be in breach of the Agreement, if, upon the
occurrence of a Force Majeure and after delay minimization, either Ontario or the Recip-
ient delays performance of its obligations hereunder for such reasonable period of time
so as to enable the harmed party to overcome the effects of the Force Majeure; provid-
ed, however, neither Ontario nor the Recipient shall delay performance of any obligation
of the Agreement such that, cumulatively, such delays will extend the Term for more
than two years.
11.14 Counterparts. The Agreement may be signed in counterparts, and/or by facsimile or e-
mail (PDF or other image format), each of which shall constitute an original and all of
which, when taken together, shall constitute an original Agreement.
11.15 Severability. Any provision of the Agreement prohibited by law or otherwise ineffective
will be ineffective only to the extent of such prohibition or ineffectiveness and will be
severable without invalidating or otherwise affecting the remaining provisions of the
Agreement.
11.16 No Control of Records. No provision of the Agreement will be construed so as to give
Ontario any control whatsoever over the Recipient’s records.
11.17 Disclosure of the Agreement to the Public and Third Parties.
(a) Freedom of Information and Protection of Privacy Act.
The Recipient acknowledges that Ontario is bound by the Freedom of Infor-
mation and Protection of Privacy Act (Ontario) and that Ontario may be required
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22
to disclose information contained in the Agreement or the entire Agreement itself
pursuant to the provisions of that act.
(b) Public Disclosure. The Recipient:
(i) irrevocably consents to Ontario making all or a portion of the Agreement
including but not limited to the information contained in Schedule “A”
available to the public in a form Ontario deems appropriate in Ontario’s
sole discretion. However, such consent does not apply to the information
solely contained in Schedules “A-1” and “B-1”, which in the Recipient’s
view is commercially sensitive information; and
(ii) acknowledges, without limiting its consent under section 11.17(b)(i) in any
way, that the information set forth in Schedule “A” will be made available
to the public by being posted to a government website approximately 90
days after the execution of the Agreement.
(c) Attracting Investment and Creating Jobs Act, 2012. The Recipient acknowledges
that in accordance with the requirements under the Attracting Investment and
Creating Jobs Act, 2012 (Ontario) the Agreement must be made available for in-
spection by the public, provided that commercially-sensitive information may be
redacted.
11.18 Publications, Press Releases, Media Events, Communiqués. The Recipient shall:
(a) not make any announcement with respect to the Grant, the Project, or the
Agreement, except as may be required by law, without the prior written approval
of Ontario; and
(b) if requested by Ontario, participate in a public event announcing Ontario's fund-
ing to the Recipient in connection with the Project at the Project Site, or other
venue as may be agreed between the parties.
11.19 Economic Program. The Recipient acknowledges and agrees that the Grant provided
under the Agreement is for the purpose of the administration of economic programs
and/or the provision of direct or indirect support to members of the public in connection
with economic policy, and as such section 16 of the Limitations Act, 2002 (Ontario) shall
apply.
11.20 Rights and Remedies Cumulative. The rights and remedies of Ontario under the
Agreement are cumulative and are in addition to, and not in substitution for, any of its
rights and remedies provided by law or in equity.
[remainder of this page intentionally left blank]
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The parties hereby execute the Agreement in the Province of Ontario.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as repre-
sented by the Minister of Economic Development, Job Creation
and Trade
__________________
Date of Signature
Per:_____________________________
Name: Victor Severino
Title: Assistant Deputy Minister
THE CORPORATION OF THE TOWN OF TILLSONBURG
__________________
Date of Signature
__________________
Date of Signature
Per:_____________________________
Name: Stephen Molnar
Title: Mayor
I have the authority to bind the Recipient.
Per:_____________________________
Name: Michelle Smibert
Title: Town Clerk
I have the authority to bind the Recipient.
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SCHEDULE “A”
TABLE OF SUMMARY PROJECT INFORMATION
Grant Recipient THE CORPORATION OF THE TOWN OF
TILLSONBURG
Project Location Tillsonburg
Effective Date of Agreement [insert Effective Date]
Project Start Date April 16, 2020 as long as the Recipient
agrees to the terms of the Conditional Grant
Agreement by June 29, 2020, otherwise the
Project Start Date will be the date the Recipi-
ent agrees to the terms.
Project Completion Date December 31, 2022
Project Overview The Project involves servicing of the Innova-
tion Park land including sewer, watermain
and roadwork construction that will improve
the value of the land in order to encourage
businesses to purchase land in the Innova-
tion Park.
Maximum Amount of Grant $1,205,000
Project Investment Commitment $2,410,000
Total Project Investment $4,370,700
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SCHEDULE “A-1”
PROJECT DESCRIPTION, MILESTONES, DELIVERABLES, TIMELINES
AND PROJECT RELATED DEFINITIONS
PROJECT DESCRIPTION
The Recipient has purchased and acquired 37 acres of industrial zoned land southwest of the
town centre directly on Provincial Highway 3 that it intends to create the Van Norman Innovation
Park “Innovation Park”.
The Project involves servicing of the Innovation Park land including sewer, watermain and
roadwork construction that will improve the value of the land in order to encourage businesses
to purchase land in the Innovation Park.
The Innovation Park is intended to help the Recipient attract more businesses and secure new
jobs.
The Recipient’s Project’s objectives include the following:
promoting regional economic development
attracting and retaining investment
promoting innovation
fostering collaboration and cluster development
Milestones, Deliverables and Timelines:
Milestones and timelines Deliverable(s) at this milestone
Fiscal Year 1:
(Project Start Date to and in-
cluding December 31, 2020)
Approvals required for project obtained
(ECA, Tenders, etc).
Preliminary Earthworks completed.
Underground Works and Storm Water
Management Pond completed.
Fiscal Year 2:
(January 1, 2021 to and includ-
ing December 31, 2021)
Utility Servicing completed.
Road and lot servicing completed.
Subdivision completed.
Fiscal Year 3:
(January 1, 2022 to and includ-
ing December 31, 2022)
Project Completion Date:( De-
cember 31, 2022)
Project complete.
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26
Definitions
“Project Financing” means
Source Nature of Financing Amount
Recipient Future Cash Flow from
land sales or Debt Fi-
nancing
$1,010,000
Ontario SWODF Grant $1,205,000
Recipient Debt Financing $195,000
TOTAL, being the Project In-
vestment Commitment
$2,410,000
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SCHEDULE “B”
ELIGIBLE PROJECT EXPENDITURES CATEGORIES
This schedule contains the list of Eligible Project Expenditures Categories for the Pro-
ject.
In order to be eligible, the expenditure must be incurred and paid on or after the Project
Start Date up to and including the Project Completion Date.
Deposits paid prior to the Project Start Date are not eligible.
Stacking with other provincial programs is not permitted except that the Recipient may
receive supports provided through SWODF’s complementary services (“Provincial
Stacking Exceptions”). The total amount of provincial and federal assistance for Eligi-
ble Project Expenditures, including those received from the Provincial Stacking
Exceptions (collectively, “Government Assistance”) cannot exceed 75% of the Eligible
Project Expenditures.
If Ontario determines that the Recipient has received Government Assistance that ex-
ceeds 75% of Eligible Project Expenditures, then the Recipient shall pay to Ontario,
within 20 days of being notified by Ontario, an amount equal to the excess. For clarity, in
no event shall the Recipient be required to pay to Ontario any amount under section
2.4(b) greater than the Ontario Support together with the costs of collection pursuant to
section 10.6 and interest pursuant to section 10.7.
ELIGIBLE PROJECT EXPENDITURES
The following shall be used, where necessary, to clarify the categories and description of Eligi-
ble Project Expenditures set out in the budget sections of Schedule “B-1”. They do not expand
the universe of Eligible Project Expenditures.
Eligible Project Expenditures are actual expenditures to be incurred on or after the Project Start
Date up to and including the Project Completion Date that are directly attributable to and neces-
sary for the completion of the Project and are not wholly or partially for another purpose, subject
to the terms and conditions of the Agreement, and subject to review and approval by Ontario.
Eligible Project Expenditures are one-time expenditures directly attributable to the development
and implementation of the Project.
Eligible Project Expenditures do not include ongoing expenditures associated with production or
operations. Labour, materials, overhead, and other expenditures for the production of saleable
items are not eligible.
Eligible Project Expenditures are actual cash outlays, net of applicable HST, that must be doc-
umented through invoices, receipts, or Recipient records acceptable to Ontario and are subject
to verification by an independent auditor. Evidence of payment must be maintained for audit
purposes. Acting reasonably, Ontario’s decisions as to the expenditure eligibility and valuation
shall be final and determinative.
Eligible Project Expenditures Categories:
Business Attraction Expenditures
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28
Business attraction expenditures (e.g. expenditures to support presentations to invest-
ment prospects, or to engage prospects in communities shortlisted for a specific
investment). Any business attraction expenditures spent outside of Ontario are subject to
prior written approval by Ontario.
The creation and development of presentations, consultation and marketing materials.
Project Facilities and Infrastructure required for the Project:
Construction/leasehold improvement expenditures that are directly attributable to the
Project, are eligible, subject to Ontario’s approval.
Site servicing, power service upgrades, etc. required to execute the Project are eligible.
This would include work performed under contracts and subcontracts with third parties.
For clarity, in the case of projects that involve an expansion or relocation to a larger
building, only the construction/ retrofit expenditures associated with the incremental/ ad-
ditional productive space are eligible.
Municipal economic infrastructure directly related to the Project.
Equipment and Machinery:
Equipment and machinery necessary for the successful completion of the Project.
E.g. new technology, new high-performance equipment and machinery, maintenance
equipment associated with new technologies or systems.
If new equipment is acquired via capital lease (as a method of purchase financing) the
non-interest portions of the capital lease are eligible. Interest expenditures are ineligible
under any circumstances.
Labour (one-time internal):
One-time labour expenditures must be directly attributable to the development and im-
plementation of the Project, including expenditures to set up/commission new
equipment, technology or systems for the Project.
Incremental specialized labour that is directly related to the Project (e.g. research and
development) is eligible to a maximum of two years.
This would include direct salaries, wages, and benefits, paid by the Recipient, for em-
ployees of the Recipient working on the Project and in proportion to the amount of time
spent working directly on the Project. Note: Ongoing operational and production labour
expenditures are ineligible.
o Benefits means employees’ regular entitlements for payroll-related benefits
(CPP, EI, employer health tax), medical and dental-related benefits, the actual
cost of sick leave, vacation, statutory holidays and pension. Any other benefits
must be approved by Ontario.
The Recipient is required to maintain timesheets or appropriate records for all employ-
ees working directly on the Project to verify time spent on Project work, and to verify
expenditures for audit purposes.
Bonuses that meet the following criteria are eligible:
- Non-discretionary (e.g. part of a compensation package that provides that a money
payment at a pre-determined rate, related to explicit employee performance targets);
- Paid to employees of the Recipient up to the first-level managerial level or equiva-
lent; and
- Directly related to the Project.
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29
Materials (one-time):
Expenditures of direct materials necessary for, and specifically identified and measured
as having been used for, the completion of the Project, including:
o Materials used for configuring and testing production processes and systems.
o Materials used for training employees.
o Materials used for prototypes.
o Other materials directly related to the Project as approved by Ontario.
Materials used for the regular production of saleable items are not eligible.
Specialized Expertise:
Specialized expertise required for the Project including third-party engineering services,
software development, management, etc.
Training and Talent:
Skills training, including employer provided training, related to the Project. For greater
clarity, expenditures for staff wages to deliver the training (i.e. internal trainer), are eligi-
ble, but wages for staff receiving the training are not.
Expenditures to provide the training (e.g. training materials) are eligible.
Training infrastructure (e.g. retrofits to a training room, equipment required for training,
etc.) is eligible.
Subject to limits approved in writing by Ontario, the following may be eligible:
o Third-party expenditures related to the training of owners and/or management to
address specific business needs.
o Expenditures to hire external expertise related to the development of a Human
Resource (HR) strategy and/or succession planning (or hiring an internal HR pro-
fessional for a period of up to one year if the function did not previously exist with
the company).
o Expenditures for the recruitment of talent to support company growth.
Permits and Fees:
Expenditures incurred by the Recipient for permits, inspections, and other fees directly
attributable to the Project (but not ongoing operations).
Other eligible expenditures directly attributable to the Project that have been approved in writing
by Ontario.
Ineligible Project Expenditures:
Only expenditures that are specified as eligible above or approved in writing by Ontario will be
eligible for reimbursement. The following expenditures, among others, are ineligible:
Ongoing Expenditures Associated with Production or Operations:
Labour, materials, overhead, and other expenditures for the production of saleable
items.
General Working Capital Requirements:
Capital requirements not directly attributable to the Project including: debt service, fed-
eral or provincial taxes, surtaxes and special expenses, e.g. legal fees.
Working capital expenditures associated with the Recipient’s regular production or oper-
ations, e.g. materials.
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30
Land or Buildings:
Expenditures related to the purchase of land or buildings.
Expenditures associated with landscaping or parking lots.
Labour (ongoing/operational):
Labour expenditures that are not directly related to the Project including ongoing produc-
tion or operations.
Project Case Preparation:
Expenditures associated with the preparation of the proposal (successful or not) such as
success fees or third-party government relations consulting services.
Vehicles and Off-Site Equipment:
Expenditures associated with the purchase/lease or operation of vehicles or off-site
equipment.
Remuneration to Shareholders:
Dividends or any type of shareholder payments.
Expenditures Not Incurred in Ontario:
Except for purchases from suppliers located outside of Ontario.
Mergers and Acquisitions.
Travel and Meal Expenses:
Expenditures for any travel, hospitality, food and incidental expenses, including but not
limited to expenses in respect of meals, snacks and beverages; gratuities; laundry, dry
cleaning and valet services; dependent care; and personal telephone calls.
Rebates, Credits and Refunds:
Any expenditures, including taxes, for which the Recipient has received, will receive, or
is eligible to receive, a rebate, credit or refund.
Distribution/shipping expenditures of marketing/sales materials, including acquisition of paid
media space, printing, and airtime.
HST.
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31
SCHEDULE “B-1”
PROJECT INVESTMENT COMMITMENT BUDGET
Fiscal
Year 1
Fiscal
Year 2
Fiscal
Year 3
Fiscal
Year 4
Total (All Fis-
cal Years)
ELIGIBLE PROJECT
EXPENDITURES
Business Attraction Expendi-
tures
0 0 0 0 0
Project Site and Infrastructure 482,000 1,446,000 482,000 0 2,410,000
Equipment & Machinery
0 0 0 0 0
Labour (one-time internal)
0 0 0 0 0
One-time Materials
0 0 0 0 0
Specialized Expertise
0 0 0 0 0
Training and Talent
0 0 0 0 0
Project-related Permits and
Fees
0 0 0 0 0
Other Eligible Project Expenditures 0 0 0 0 0
TOTAL ELIGIBLE PROJECT
EXPENDITURES
482,000 1,446,000 482,000 0 2,410,000
Note: For greater certainty, the sum of the Eligible Project Expenditures for all Fiscal Years is
the same amount as the Project Investment Commitment.
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32
SCHEDULE “C”
PROJECT STATUS REPORT
Milestone Status Table:
Provide a Project status report with respect to the achievement of Milestones, Deliverables and Timelines for the Project as de-
scribed in Schedule “A-1”.
Under the column entitled “Actual Achieved”, please outline your progress relative to each Deliverable as at the given Milestone.
Additional Comments:
Milestone Deliverables
(Please list the deliverables as they appear in Schedule “A-1”)
Actual Achieved
(Please report on progress relative to each Deliverable)
Fiscal Year 1
Fiscal Year 2
Fiscal Year 3
Fiscal Year 4
Project End
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33
Performance Measures Table:
Provide a Project status report with respect to the achievement of the performance measures highlighted below.
Performance Measure Fiscal
Year 1
Fiscal
Year 2
Fiscal
Year 3
Fiscal
Year 4
Number of private sector jobs impacted by the Project
Number of economic development partners engaged in the Project.
New private sector investment stimulated by the Project ($)
Investment in economic assets ($)
Number of innovations/new processes introduced
Number of new companies added to business park
Comments:
Eligible Project Expenditures Table:
Provide a budget status report detailing the Project Investment Commitment Budget (“PICB”) (for reference, see Schedule “B-1” for
the Project Investment Commitment Budget) and actual Eligible Project Expenditures as applicable. For rows below with zero dollar
values, insert “0” or “nil.” Explain any variances greater than 10% in any category of Eligible Project Expenditures below th e table,
under ‘Comments’.
PICB
Actual
Eligible
Project Ex-
penditures
PICB Actual
Eligible
Project
Expenditures
PICB Actual
Eligible
Project
Expenditures
PICB Actual
Eligible
Project Ex-
penditures
PICB Actual
Eligible
Project
Expenditures
Variance
Fiscal Year 1 Fiscal Year 1 Fiscal Year 2 Fiscal Year 2 Fiscal Year 3 Fiscal Year 3 Fiscal Year 4 Fiscal Year 4 Total Total
All Years All Years $ %
ELIGIBLE PROJECT
EXPENDITURES
Project Site and Infra-
structure
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34
Equipment &
Machinery
One-time internal
labour
One-time materials
Specialized Expertise
Training and Talent
Project-related permits,
fees
Other Eligible Project
Expenditures
Total Eligible Project
Expenditures
Note: Recipient to retain all records and invoices in support of paid Eligible Project Expenditures, which are subject to audit by Ontario.
Comments:
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35
SCHEDULE “D”
ANNUAL CERTIFICATE
DATE:
FISCAL YEAR:
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch, Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of
Tillsonburg (the “Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
I, [insert name and title of senior officer] of the Recipient, on behalf of the Recipient, hereby cer-
tify without personal liability as follows:
1. Attached hereto is a Project Status Report, comprised of a Milestone Status Table, Per-
formance Measures Table, and Eligible Project Expenditures Table, which is true,
complete and accurate.
2. As at the end of Fiscal Year , the Recipient is forecasting total Eligible Project Expendi-
tures of $ by the Project Completion Date [NTD: not required for final Fiscal Year].
3. On and as of the date hereof, no Event of Default, whether or not Ontario has been giv-
en notice thereof, has occurred and is continuing.
4. I have reviewed the activities of the Recipient with a view of determining whether during
Fiscal Year the Recipient has observed each of the covenants and conditions in the
Agreement. I confirm that to the best of my knowledge and belief the Recipient has ob-
served each of the covenants and conditions.
5. On and as of the date hereof, all representations and warranties contained in Article 7 of
the Agreement are true and correct.
The undersigned has signed this certificate on this day of , 202.
Per:
[insert name and title of senior officer]
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36
SCHEDULE “E”
REQUEST FOR DISBURSEMENT
Date:
Fiscal Year:
To:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch
Program Operations Unit 10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
From: The Corporation of the Town of Tillsonburg (the “Recipient”)
Re: Agreement between Ontario and the Recipient effective (the “Agreement”)
____________________________________________________________________________
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
1. I, [insert name and title of senior officer] of the Recipient, on behalf of the Recipient,
hereby certify without personal liability as follows:
(a) On and as of the date hereof, all representations and warranties contained in Ar-
ticle 7 of the Agreement are true and correct.
(b) On and as of the date hereof, no Event of Default, whether or not Ontario has
been given notice thereof, has occurred and is continuing.
(c) On and as of the date hereof, the Recipient is in actual possession of the Project
Site.
(d) On and as of the date hereof, the Recipient has not incurred a cost overrun for
the Project for which the Recipient has not obtained additional financing to pay
for any such cost.
(e) On and as of the date hereof, the Recipient is in compliance with Applicable
Laws as required pursuant to the Agreement.
(f) On and as of the date hereof, no Material Adverse Effect has occurred.
(g) Attached hereto is a Project Status Report, which includes an Eligible Project
Expenditures Table which is true and accurate and relates to Eligible Project Ex-
penditures on account of the Project which have been incurred and paid by the
Recipient during the period commencing and ending . The Eligible Project
Expenditures Table in Schedule “C” does not include any Eligible Project Ex-
penditures incurred and paid to Non-Arm’s Length suppliers. [Note: In the event
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37
that there are expenditures paid to Non-Arm’s Length suppliers include the certif-
icate or invoices required by section 5.6(b)(ii) of the Agreement.]
(h) [NTD: include the following for the second Disbursement] I certify that Eligi-
ble Project Expenditures in the amount of $ have been incurred and paid with
respect to the first Disbursement.
2. I certify that the Disbursement will be used in accordance with the Agreement.
3. I certify that the information provided herein is accurate and is being relied upon to dis-
burse funds in respect of the Grant.
4. I certify that the attached Project Status Report is true and correct.
5. As reflected in the Disbursement Status Table set out below:
(a) The Annual Cap for this Fiscal Year is $.
(b) The Support Earned (as defined in the table below) for this Fiscal Year is $.
(c) The Recipient has an unused Carry Forward Amount from previous Fiscal Years in
the amount of $.
(d) The Recipient hereby requests a Disbursement for this Fiscal Year in the amount
of $.
(e) After the requested Disbursement, the Recipient will have an unused Carry Forward
Amount in the amount of $.
Disbursement Status Table:
Maximum Grant Amount:
Disbursement
Period
Annual Cap
Amount ($)
Eligible Project
Expenditures ($)
Support Earned =
()% x Eligible Pro-
ject Expenditures
Disbursement
Amount
Unused Carry
Forward
Amount
Fiscal Year 1
Fiscal Year 2
Fiscal Year 3
Fiscal Year 4
(Performance
Payment)
Total
The undersigned has signed this certificate on this day of 202.
Per:
[insert name and title of senior officer]
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38
SCHEDULE “F”
FINAL CERTIFICATE AND REPORT
DATE:
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of Tillson-
burg (the “Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
I, [Insert name and title of senior officer] of the Recipient, on behalf of the Recipient, hereby cer-
tify without personal liability as follows:
1. The Recipient has incurred and paid a minimum of $ in total Eligible Project Expenditures.
2. Attached hereto are the final Project Status Report, which is true and accurate, and the Inde-
pendent Auditor’s Report.
3. If applicable, attached hereto are detailed calculations of the Investment Target Clawback in
accordance with the formula set out in Article 4 of the Agreement.
4. On and as of the date hereof, all representations and warranties contained in Article 7 of the
Agreement are true and correct.
5. The total Government Assistance that the Recipient has received or is entitled to receive is in
the amount of $●.
The undersigned has signed this certificate on this day of , 202.
Per: __________________
[insert name of senior officer]
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39
SCHEDULE “F-1”
INDEPENDENT AUDITOR’S REPORT
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of Tillsonburg (the
“Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
At the request of the Recipient, we have undertaken a reasonable assurance engagement of
the accompanying Schedules (the “Schedules”) relating to the Project for the period [*] to [*].
The Schedules have been prepared by management of the Recipient based on the Conditions
of Subsequent Disbursements (section 5.6) and Final Certificate and Report (section 6.7) provi-
sions of the Agreement. The Schedules include:
The final Project Status Report (Schedule “C”)
Final Certificate and Report (Schedule “F”)
Each Request for Disbursement (Schedule “E”) submitted per section 5.6(a) of the
Agreement
Management’s responsibility for the Schedules
Management of the Recipient is responsible for the preparation of the Schedules in accordance
with the Conditions of Subsequent Disbursements and Final Certificate and Report provisions of
the Agreement, and for such internal control as management of the Recipient determines is
necessary to enable the preparation of the Schedules that is free from material misstatement,
whether due to fraud or error.
Independent practitioner’s responsibility
Our responsibility is to express a reasonable assurance opinion on the Schedules, based on
the evidence we have obtained. We conducted our reasonable assurance engagement in ac-
cordance with Canadian Standard on Assurance Engagements (CSAE) 3000, Attestation
Engagements Other than Audits or Reviews of Historical Financial Information. This standard
requires that we plan and perform this engagement to obtain reasonable assurance about
whether the Schedules are fairly stated, in all material respects.
Reasonable assurance is a high level of assurance, but is not a guarantee that an engagement
conducted in accordance with this standard will always detect a material instance of non-
compliance with specified requirements when it exists. Instances of non-compliance can arise
from fraud or error and are considered material if, individually or in the aggregate, they could
reasonably be expected to influence the decisions of users of our report. A reasonable assur-
ance compliance reporting engagement involves performing procedures to obtain evidence
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40
about management’s statement of the Company’s compliance with specific requirements. The
nature, timing and extent of procedures selected depends on our professional judgement, in-
cluding an assessment of the risks of material misstatement of the Schedules, whether due to
fraud or error, and requires obtaining evidence about the preparation of the Schedules in ac-
cordance with the Agreement.
We believe that the evidence we have obtained is sufficient and appropriate to provide for a ba-
sis of our opinion.
Independence and quality control
We have complied with the relevant rules of professional conduct / code of ethics applicable to
the practice of public accounting and related to assurance engagements, issued by various pro-
fessional accounting bodies, which are founded on fundamental principles of integrity,
objectivity, professional competence and due care, confidentiality and professional behaviour.
The firm applies Canadian Standard on Quality Control 1, Quality Control for Firms that Perform
Audits and Reviews of Financial Statements, and Other Assurance Engagements and, accord-
ingly, maintains a comprehensive system of quality control, including documented policies and
procedures regarding compliance with ethical requirements, professional standards and appli-
cable legal and regulatory requirements.
Opinion
In our opinion, the Schedules of the Recipient for the period from to , are prepared, in all
material respects, in accordance with the Agreement.
Cumulative Jobs of [*insert number] have been achieved for the period between and .
Total Eligible Project Expenditures of [*insert number] have been achieved for the period be-
tween and .
Actual Final Year Payroll Achieved is [$***].
Purpose of statement and restriction on distribution and use
This report is prepared to assist the Recipient to comply with the financial reporting provisions of
the Agreement. As a result, the report may not be suitable for another pu rpose. Our report is
intended solely for the Recipient and Ontario and should not be distributed to or used by parties
other than the Recipient and Ontario.
[Practitioner's signature]
[Date]
[Practitioner's address]
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41
SCHEDULE “G”
POST-PROJECT ANNUAL REPORT
DATE:
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of Tillsonburg (the
“Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
The Recipient has achieved the following results for the Post-Project Fiscal Year ended [insert
date]:
Performance Measure Fiscal
Year 1
Fiscal
Year 2
Fiscal
Year 3
Fiscal
Year 4
Number of private sector jobs impacted by the Project
Number of economic development partners engaged in the Project.
New private sector investment stimulated by the Project ($)
Investment in economic assets ($)
Number of innovations/new processes introduced
For each of the Performance Measures listed above, provide a description of the outcomes to
date.
Per: ___________
[insert name and title of senior officer]
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Page 1 of 4
Subject: Lease of 1,101 Highway 3 Lands for Agricultural Purposes
Report Number: DCS 20-14
Author: Cephas Panschow
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receive Report DCS 20-14 Lease of 1,101 Highway 3 Lands for
Agricultural Purposes;
AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with
John Vieraitis for the lands described as Parts of Lots 3-4, Concession 5 NTR
Middleton, and more particularly described as the agricultural portion of part of Part 1
and Part 2, Plan 37R-283 comprising approximately 90 acres of farmable land for a
seven month term expiring on December 31, 2020 subject to the terms and conditions
contained within the lease agreement;
AND THAT a By-Law be brought forward in this regard.
BACKGROUND
The Town of Tillsonburg is in the process of acquiring the 1,101 Highway 3 property for
future industrial development. The property contains approximately 90 acres of
farmable land and it is desirable to have these lands farmed in 2020 in order to
generate revenue for the Town and help with the maintenance of the lands. The
purpose of this report is to seek Council approval to enter into a seven month lease with
John Vieraitis to enable these lands to be farmed in 2020.
DISCUSSION
The 1,101 Highway 3 property owner (Richard Redling) has agreed to amend the terms
of the Agreement of Purchase and Sale in order to allow early access to the property
and to enable the Town to lease the agricultural lands for the current year. The proper ty
is scheduled to be transferred to the Town on June 26, 2020.
The property owner’s approval is subject to the following conditions:
The lease agreement between the Buyer and tenant shall include an indemnity
clause whereby the tenant shall completely indemnify and hold the Seller
harmless for any and all claims of any kind whatsoever;
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DCS 20-14
Page 2 of 4
Prior to taking possession of the lands the tenant shall provide the Seller proof of
insurance naming the Seller as a co-insured;
While the Seller remains the owner then the building(s) on the property are not
subject to any lease or rental; and,
The Seller shall have unimpeded access to the building(s) on the property until
the closing date.
The attached lease agreement provides the protection required by the property owner
and the Lessee has provided an insurance certificate naming both the Town and the
property owner as insured.
CONSULTATION
Typically, the Town would tender agricultural land farming opportunities in order to
ensure the highest rental value is obtained by the Town. However, due to the fact that
the 2020 planting season is nearly over, the Town needs to move quickly in order to
ensure that the lands are able to be planted this year and that land rental revenue is
secured.
The proposed lease is with John Vieraitis, who is currently leasing other Town industrial
lands. That lease arrangement is scheduled to expire at the end of this year and the
Town will be tendering those lands along with these lands for agricultural purposes in
future years.
FINANCIAL IMPACT/FUNDING SOURCE
The Town was anticipating leasing these lands at a rate of $200/acre, which would have
resulted in revenue of approximately $18,000/year. However, the farmer agreed to pay
the same rate as contained within his current lease, which is $225/acre. Hence, the
total revenue anticipated is $20,250, which is $2,250 more than initially estimated. This
may be adjusted slightly if the acreage is determined to be less than currently
estimated.
The lease of industrial lands for agricultural purposes results in taxable assessment,
which means that the Town of Tillsonburg is responsible to pay County and Education
taxes. These costs are paid for out of the lease revenue. The remaining lease revenue
will be used to offset the carrying costs for the purchase of this property.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
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DCS 20-14
Page 3 of 4
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Agricultural Lease
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DCS 20-14
Page 4 of 4
Report Approval Details
Document Title: DCS 20-14 Lease of 1,101 Highway 3 Lands for Agricultural
Purposes.docx
Attachments: - Lease-Agricultural.pdf
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 14, 2020 - 3:53 PM
Kyle Pratt - Jun 18, 2020 - 6:01 AM
Michelle Smibert - Jun 18, 2020 - 7:28 AM
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Page 1 of 3
Subject: 2019 Financial Statement Reconciliation
Report Number: FIN 20-22
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receive Report FIN 19-22 2019 Financial Statement Reconciliation
as information.
BACKGROUND
The surplus as indicated on the financial statements differs from that as presented by
the municipality due to Public Sector Accounting Standards (PSAS) financial
presentation requirements which require reclassifying certain items for presentation
purposes only.
FINANCIAL IMPACT/FUNDING SOURCE
The 2019 financial statements show a surplus of $2,032,532 while the Town’s operating
surplus is $90,310. These two figures reconcile as follows:
Financial Statement Surplus $ 2,032,532
BIA net revenue (loss) 45,479
Amortization 2,733,420
Capital expenses (6,006,827)
Debt proceeds 2,141,170
Debt principal payments (1,492,756)
Equity acquired in Tillsonburg Hydro Inc. (327,397)
Net contribution from reserve (527,584)
Net proceeds on disposal of Tangible Capital Assets 1,492,273
Operating Surplus $ 90,310
A separate report, FIN 20-22, deals with the allocation of this surplus.
Page 191 of 327
FIN 20-22
Page 2 of 3
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
Page 192 of 327
FIN 20-22
Page 3 of 3
Report Approval Details
Document Title: FIN 20-22 2019 Financial Statement Reconciliation.docx
Attachments:
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 12, 2020 - 2:17 PM
Kyle Pratt - Jun 18, 2020 - 5:01 AM
Michelle Smibert - Jun 18, 2020 - 5:33 AM
Page 193 of 327
Page 1 of 3
Subject: 2019 Surplus Allocation
Report Number: FIN 20-23
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receives Report FIN 20-23 2019 Surplus Allocation as information.
AND THAT Council approves the 2019 Operating Surplus of $90,310 be
contributed to the Tax Rate Stabilization Reserve.
EXECUTIVE SUMMARY
To allocate the 2019 surplus to specific reserve account(s).
FINANCIAL IMPACT
Staff is requesting that Council approve allocating the 2019 Operating Surplus entirely
to the Tax Rate Stabilization Reserve. This recommendation is presented in response to
anticipated 2020 losses resulting from the COVID-19 pandemic. This allocation follows
the policy as outlined in the 2017 report FIN 17-16 Annual Surplus/Deficit Allocation
Policy.
For informational purposes, below is a summary of the specific reserves which yielded a
2019 year-end departmental surplus and, as identified within the Reserve Policy, would
customarily have received a pro-rated surplus allocation.
Reserve 2019 Departmental
Year-End Surplus
2019 Pro-Rated
Year-End Surplus
Allocation
Fleet & Equipment $ 1,271 $ 893
Engineering $ 84,409 $ 59,304
Fire - Suppression Labour $ 5,102 $ 3,585
Winter Maintenance $ 37,758 $ 26,528
TOTAL $ 128,540 $ 90,310
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
Page 194 of 327
FIN 20-23
Page 2 of 3
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
Page 195 of 327
FIN 20-23
Page 3 of 3
Report Approval Details
Document Title: FIN 20-23 2019 Surplus Allocation.docx
Attachments:
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 12, 2020 - 4:35 PM
Kyle Pratt - Jun 18, 2020 - 5:22 AM
Michelle Smibert - Jun 18, 2020 - 5:35 AM
Page 196 of 327
Page 1 of 3
Subject: 2019 Summary of Reserves & Trusts
Report Number: FIN 20-24
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receives Report FIN 20-24 2019 Summary of Reserves & Trusts as
information.
EXECUTIVE SUMMARY
The Town of Tillsonburg maintains several reserves and trusts. This summary defines
each reserve and trust accounts purpose, sources of revenues and expenditures, and
information on balances.
FINANCIAL IMPACT/FUNDING SOURCE
To inform Council and the public of the details on monies which are outlined in the
annual financial statements presented by the Town of Tillsonburg.
BACKGROUND
In 2009 several trusts were merged together to create a single reserve account, and in
2017 they were respectively separated. These accounts, presented within the attached
Appendix A, summarizes in detail the various Town reserves and trusts. Some of these
are Discretionary Reserves and operate according to the reserve policy established by
council in 2017. Others are Obligatory Reserves and are restricted by rules set up
through other levels of government.
Trust Funds are monies which have been donated to the Trusts with accountability on
the Town to hold and manage the funds including the designation of Trustees to
manage the Trusts. The Town Clerk and Treasurer are part of each set of Trustees for
each Fund.
In 2019, Council appointed new Trustees for most Trusts. These funds support a variety
of needs in the Town of Tillsonburg. The use of these funds can be for both Town
capital and operating requirements in addition to supporting several community groups
and individuals.
Reserves are collected until they are needed to be used for the purpose for which they
were collected; this is the reason why there is a minimum and maximum target. When
Page 197 of 327
FIN 20-24
Page 2 of 3
the maximum is reached, no further funding is required. Alternatively, if the value drops
below the minimum, new contributions are generally required.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
ATTACHMENTS
Appendix A – 2019 Summary of Reserves & Trusts
Page 198 of 327
FIN 20-24
Page 3 of 3
Report Approval Details
Document Title: FIN 20-24 2019 Summary of Reserves and Trusts.docx
Attachments: - FIN 20-24 Appendix A - 2019 Summary of Reserves and Trusts.pdf
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 12, 2020 - 4:01 PM
Kyle Pratt - Jun 18, 2020 - 5:12 AM
Michelle Smibert - Jun 18, 2020 - 5:34 AM
Page 199 of 327
TOWN OF TILLSONBURG
2019 Summary of Reserves & Trusts
Contents
AIRPORT RESERVE ............................................................................................................. 2
ASSET MANAGEMENT FUNDING RESERVE ...................................................................... 3
FACILITY INFRASTRUCTURE RESERVE ............................................................................ 4
CEMETERY RESERVE ......................................................................................................... 5
COUNCIL RESERVE ............................................................................................................. 6
DEVELOPMENT REMEDIATION RESERVE ......................................................................... 7
DOWNTOWN PARKING RESERVE ...................................................................................... 8
ECONOMIC DEVELOPMENT RESERVE .............................................................................. 9
ELECTION RESERVE ..........................................................................................................10
ENGINEERING RESERVE ...................................................................................................11
FIRE DEPARTMENT EQUIPMENT RESERVE .....................................................................12
FIRE DEPARTMENT LABOUR RESERVE ...........................................................................13
FLEET AND EQUIPMENT RESERVE ...................................................................................14
IT EQUIPMENT RESERVE ...................................................................................................15
LINEAR INFRASTRUCTURE RESERVE ..............................................................................16
PHYSICIAN RECRUITMENT RESERVE ..............................................................................17
POLICE RESERVE ...............................................................................................................18
POLICE SERVICES BOARD RESERVE ...............................................................................19
RECREATION CULTURE AND PARKS RESERVE POLICY ................................................20
TAX RATE STABILIZATION RESERVE ................................................................................21
TRANSIT RESERVE .............................................................................................................22
WASTE MANAGEMENT RESERVE .....................................................................................23
WINTER MAINTENANCE RESERVE....................................................................................24
OBLIGATORY RESERVES ......................................................................................................25
BUILDING PERMIT COST STABILZATION RESERVE ........................................................25
DEVELOPMENT CHARGE RESERVE 27
GAS TAX REBATE RESERVE ..............................................................................................27
TRUST FUNDS .........................................................................................................................28
Page 200 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
ANNANDALE HOUSE TRUST ..............................................................................................28
CEMETERY MAINTENANCE TRUST ...................................................................................29
CEMETERY PERPETUAL CARE TRUST .............................................................................30
CEMETERY PRE-PAID TRUST ............................................................................................31
COMMUNITY TRUST ...........................................................................................................32
LAKE LISGAR REVITALIZATION TRUST .............................................................................33
PARKLAND TRUST RESERVE ............................................................................................34
SCHOLARSHIP TRUST ........................................................................................................35
Page 201 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
AIRPORT RESERVE
The Airport Reserve provides a contingency for unforeseen events that might put pressure on
the tax rate, provides for expenditures associated with the rehabilitation or replacement of
existing Airport infrastructure as well as a source of funding for external airport consulting
services.
Revenues
The Airport Reserve shall generally receive revenues from annual operating budget
allocations or any surplus generated from the Airport business, after allowing for
operating and capital expenses, on an annual basis.
This Reserve also consists of funds set aside from Airport projects not completed in the
previous financial year. These funds will be used to complete those Airport projects in a
future financial year.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Airport Reserve may be used to fund the rehabilitation or replacement of existing
airport capital infrastructure, assist in meeting the funding requirements of matching
airport funding programs developed by senior levels of government, or support airport
consulting services for various types of studies, plans or strategic development of the
Airport.
Recommended Target Levels
The recommended minimum target would be about to 50% of the annual Airport General
Operating Budget, which for 2019 is equivalent to $69,700.
The recommended maximum target would be about to 100% of the annual Airport
General Operating Budget, which for 2019 is equivalent to $139,400.
COMMENTS:
The 2018 ending balance is $6,042.81.
The 2019 ending balance is $6143.66
Page 202 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
ASSET MANAGEMENT FUNDING RESERVE
The Asset Management Plan Funding Reserve is a long term source of financing to overcome
the deficiency in replacement or purchases of capital assets.
Revenues
The Asset Management Plan Funding Reserve revenues are from the growth portion of
the Current Market Assessment.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Asset Management Plan Funding Reserve expenditures will be used to assist with
the financing of assets in the approved Capital Budget.
Recommended Target Levels
The recommended minimum target shall be $nil
The recommended maximum target would be $454,100, 3% of the 2019 annual budget.
COMMENTS:
The 2018 ending balance is $413,996.50.
The 2019 ending balance is $974,091.06
Page 203 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
FACILITY INFRASTRUCTURE RESERVE
The Capital Infrastructure Reserve provides for expenditures associated with the rehabilitation,
replacement or construction of buildings and other related facilities.
Revenues
The Capital Infrastructure Reserve revenues are from taxation.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
This Capital Infrastructure Reserve will be spent on costs related to design and
implementation of the rehabilitation, replacement or construction of buildings and other
related facilities.
.
Recommended Target Levels
The recommended minimum target shall reviewed based on specific facility projects and
needs
The recommended maximum target would be the total costs of all foreseen projects.
COMMENTS:
The 2018 ending balance is $402,518.41
The 2019 ending balance is $555,934.68
Page 204 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
CEMETERY RESERVE
The Cemetery Reserve provides a source of funds for Cemetery projects and equipment. Within
the Cemetery Reserve is a separate Memorials component that will fund replacements and
maintenance of memorial benches, special memorials and trees in the Cemetery.
Revenues
The Cemetery Reserve revenues are from year-end surpluses in the Cemetery
operations and surpluses in cemetery-related capital projects and from donations. The
Memorials Component will receive 10% of each memorial bench & tree fee, and a 25%
perpetual care levy on special memorials (defined as any memorial not considered a
burial markers).
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Cemetery Reserve is to be used for Cemetery planning and plan implementation,
surveys, landscaping projects, and other special Cemetery projects. Funds in the
Memorials component will be used to replace, repair or maintain memorial benches and
trees, and special memorials in the Cemetery including the flagpoles, the memorials
near the Cemetery Building, and the St. Mary’s Cemetery cross.
Recommended Target Levels
The recommended target minimum is $50,000 plus the cumulative total of contributions
to the Memorials component.
COMMENTS:
The 2018 ending balance is $46,164.41
The 2019 ending balance is $66,896.78
Page 205 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
COUNCIL RESERVE
The Council Reserve provides for funding special projects identified by Council that may arise
from time to time.
Revenues
The Council Reserve revenues are derived from taxation.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Council Reserve is spent on special projects as determined by Council from time to
time.
Recommended Target Levels
The recommended minimum target shall $0
COMMENTS:
The 2018 ending balance is $3,498.54
The 2019 ending balance is $3,556.90
Page 206 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
DEVELOPMENT REMEDIATION RESERVE
The Development Remediation Reserve provides a source of funding for the installation, repair
or replacement of outstanding development related municipal infrastructure deficiencies
Revenues
The Development Remediation Reserve shall generally receive revenues, after the
appropriate notice by the Town has been provided, from outstanding construction
holdbacks for which the Contractor has not remedied, any outstanding or expired
municipal infrastructure deposits provided at the time of building permit application that
the Builder has not rectified, and any outstanding Subdivision or Site Plan Agreement
securities as a result of Developer default.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Development Remediation Reserve may be used for the installation, repair or
replacement of outstanding development related municipal infrastructure deficiencies.
Recommended Target Levels
The balance of the Development Remediation Reserve should not drop below $0 and
should be monitored regularly to ensure outstanding municipal infrastructure deficiencies
are appropriately rectified.
COMMENTS:
The 2018 ending balance is $170,070.55
The 2019 ending balance is $18,167.96
Page 207 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
DOWNTOWN PARKING RESERVE
The Parking Reserve provides a source of funding to properly maintain the Downtown Municipal
parking lots including capital investment in new or existing Downtown parking infrastructure.
This Reserve can be used for operating or capital expense purposes, but can only be used for
Municipal parking located in the Downtown.
Revenues
The Parking Reserve revenues are generated from surplus funds left over from the
parking levy charged to Downtown property owners, payments in lieu of parking paid on
development not spent in the current year, and any net proceeds from the sale of Town
owned parking lot property.
This reserve also consists of funds set aside from Downtown Municipal parking
infrastructure capital projects not completed in a previous financial year. These funds
will be used to complete those Downtown Municipal parking infrastructure capital
projects in a future financial year.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Parking Reserve may be used for the rehabilitation or replacement of existing
Downtown Municipal parking lots, the purchase and capital maintenance of any
Downtown Municipal parking infrastructure and related components, including parking-
related technology, the design and construction of new Downtown Municipal parking
infrastructure and the purchase of associated land, including financing, the cost
associated with parking-related studies, analysis, policy or strategy development, and
any annual operating deficit if incurred by the Town.
Recommended Target Levels
The balance of the Downtown Parking Reserve should not drop below $0 and should be
monitored regularly to ensure appropriate investment in Downtown Municipal parking
infrastructure.
COMMENTS:
The 2018 ending balance is $270,768.13
The 2019 ending balance is $265,968.88
Page 208 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
ECONOMIC DEVELOPMENT RESERVE
The purpose of this reserve is to fund strategic economic development initiatives including:
Industrial land acquisition and development
Commercial land acquisition and development (high priority projects only)
Preparation and implementation of Economic Development strategies and
studies that support the growth and development of the Tillsonburg economy
Revenues
The Reserve revenues are typically generated by industrial and commercial land sales
and special projects.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
This Reserve is used to fund land acquisition and development, studies that support
growth and related costs.
Recommended Target Levels
The recommended minimum target shall be $500,000
The recommended maximum target would be $5,000,000
COMMENTS:
The 2018 ending balance is $284,451.57
The 2019 ending balance is $337,311.43
Page 209 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
ELECTION RESERVE
The Election Reserve provides funding for the municipal election held every 4 years. The
purpose of the fund is to spread the costs over each of the four years.
Revenues
The Election Reserve revenues are from planned amounts budgeted through the
Council operating budget.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Election Reserve is to be used for election purposes and all associated costs
therein.
Recommended Target Levels
The recommended target minimum is 13,500.
A preferred amount to support elections would be $54,000.
COMMENTS:
The 2018 ending balance is $16,288.32
The 2019 ending balance is $18,567.60
Page 210 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
ENGINEERING RESERVE
The Engineering Reserve provides a source of funding for external engineering services to
smooth budgetary impacts associated with Regulated obligations, to support consulting services
for various engineering related studies, plans, assessments, policy or strategic development,
analysis, inspections, or investigations as they arise, and to support the implementation of
engineering related capital projects.
Revenues
The Engineering Reserve shall generally receive revenues from annual operating budget
allocations or any surplus generated from the engineering business, after allowing for
operating and capital expenses, on an annual basis.
This Reserve also consists of funds set aside from engineering related projects not
completed in the previous financial year. These funds will be used to complete those
engineering related projects in a future financial year.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Engineering Reserve may be used for consulting services of various engineering
related studies, plans, assessments, policy or strategic development, analysis,
inspections, or investigations as they arise and the implementation of engineering
related capital projects.
Recommended Target Levels
The recommended minimum target shall be sufficient to cover all Regulated engineering
related obligations. For 2019, this is equivalent to $40,000.
A preferred amount would be about 25% of the annual operating budget, which for 2019
is equivalent to $63,450.
The recommended maximum target would be equivalent to 50% of the annual operating
budget which is $126,900 for 2019 representing about three iterations of Regulated
engineering obligations.
COMMENTS:
The 2018 ending balance is $47,867.95
The 2019 ending balance is $75,144.42
Page 211 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
FIRE DEPARTMENT EQUIPMENT RESERVE
The Fire Department Equipment Reserve provides a fund for capital equipment purchases.
Revenues
The Fire Department Equipment Reserve revenues are from planned amounts budgeted
through the fire department operating budget.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Fire Department Equipment Reserve is to be used for capital projects.
Recommended Target Levels
The recommended target minimum is $75,000.
A preferred amount to support capital purchases would be $225,000.
COMMENTS:
The 2018 ending balance is $81,567.48
The 2019 ending balance is $153,252.98
Page 212 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
FIRE DEPARTMENT LABOUR RESERVE
The Fire Department Labour Reserve provides a fund for part time suppression labour costs.
Revenues
The Fire Department Labour Reserve revenues are from surplus amounts, if any, of the
fire department suppression labour budget.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Fire Department Labour Reserve is to be used for occasions where, suppression,
training and public education labour costs exceed the budgeted amount in a year.
Recommended Target Levels
The recommended target minimum is $15,000.
COMMENTS:
The 2018 ending balance is $0
The 2019 ending balance is $0
Page 213 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
FLEET AND EQUIPMENT RESERVE
The Fleet and Equipment Reserve shall provide a source of funding for the replacement of
corporate vehicles and equipment. Where expansion is necessary and where Development
Charge funding cannot be applied, this Reserve is to provide a source of funding for the
purchase of such fleet/equipment. Each request for expansion funded from this Reserve must
be made clear during the capital budget process and in the purchase award report to Council.
Revenues
The Fleet and Equipment Reserve revenues shall be generated through the application
of an annual Capital Cost Recovery charge to user departments. Fleet units shall repay
this Reserve over the useful life of the unit. Additionally any surplus generated from the
fleet business, after allowing for operating and capital expenses as well as any revenue
generated from the disposal of replaced fleet assets shall also be contributed to this
Reserve.
This reserve also consists of funds set aside from fleet capital projects not completed in
a previous financial year. These funds will be used to complete those fleet capital
projects in a future financial year. The Reserve will also retain interest earned by the
funds in the Reserve.
Expenditures
The Fleet and Equipment Reserve shall be used for the replacement of corporate
vehicles and equipment.
Recommended Target Levels
The Reserve balance shall be adequate to sustain the replace of existing vehicles and
equipment on a replacement scheduled based on the estimated service life of the
vehicle and/or piece of equipment.
The recommended minimum target shall be equivalent to the sustainable annual capital
investment forecast identified in the Town Asset Management Plan as $830,000 for fleet
and equipment.
A preferred amount would be equivalent to 15% of the Fleet replacement value identified
in the Town Asset Management Plan, which for 2019 would be equivalent to $1,567,500.
The recommended maximum target would be about 20% of the Fleet replacement value
identified in the Town Asset Management Plan. For 2019, this would be equivalent to
$2,090,000.
COMMENTS:
The 2018 ending balance is $339,743.34
The 2019 ending balance is $390,400.71
Page 214 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
IT EQUIPMENT RESERVE
The IT Equipment Reserve shall provide a source of funding for the replacement of corporate
software, computer and communications equipment.
Revenues
The IT Equipment Reserve revenues shall be generated through the application of an
annual Capital Cost Recovery charge to user departments. IT related charges shall
repay this Reserve over the useful life of the units.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The IT Equipment Reserve shall be used for the replacement of corporate software,
computing and tele-communications equipment.
Recommended Target Levels
The Reserve balance shall be adequate to sustain the replacement of existing
equipment on a replacement schedule based on the estimated service life of the piece of
equipment.
The recommended minimum target shall be equivalent to the sustainable annual capital
investment forecast identified in the Town Asset Management Plan as $75,000.
A preferred amount would $225,000.
COMMENTS:
The 2018 ending balance is $150,126.05
The 2019 ending balance is $87,826.86
Page 215 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
LINEAR INFRASTRUCTURE RESERVE
The Linear Infrastructure Reserve provides for expenditures associated with the rehabilitation or
replacement of existing capital infrastructure such as roads sidewalks, streetlights and
signalized intersections, bridges, culverts and retaining walls, storm sewers and stormwater
management facilities and their respective related infrastructure.
Revenues
The Linear Infrastructure Reserve shall generally receive revenues from annual
operating budget allocations, any surplus generated from existing linear infrastructure
business after allowing for operating and capital expenses, any new linear infrastructure
program funding from senior levels of government, not including Gas Tax Funding, and
an equitable share of the Assessment Growth allocated towards the Towns Asset
Management Plan. Additionally, an annual allocation of surplus shall be contributed to
this Reserve, as outlined in the Surplus Allocation Policy.
This reserve also consists of funds set aside from linear infrastructure capital projects
not completed in a previous financial year. These funds will be used to complete those
linear infrastructure capital projects in a future financial year.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Linear Infrastructure Reserve may be used to fund the rehabilitation or replacement
of existing capital infrastructure or assist in meeting the funding requirements of
matching linear infrastructure programs developed by senior levels of government.
Recommended Target Levels
The recommended minimum target shall be equivalent to 1% of the linear infrastructure
replacement value identified in the Town Asset Management Plan, which for 2019 would
be $2,076,000.
The preferred amount would be equivalent to the sustainable annual capital investment
forecast identified in the Town Asset Management Plan as $3,890,000 for linear
infrastructure.
The recommended maximum would be about 8% of the linear infrastructure replacement
value identified in the Town Asset Management Plan. For 2019, this would be
equivalent to $16,608,000 representing approximately the support for a 5-year capital
plan.
COMMENTS:
The 2018 ending balance is $455,370.48
The 2019 ending balance is $309,863.44
Page 216 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
PHYSICIAN RECRUITMENT RESERVE
The Physician Recruitment Reserve is to establish funding in partnership with Tillsonburg
District Memorial Hospital for the attraction of Physicians.
Revenues
The Physician Recruitment Reserve revenues are supported through taxation and
donations from individuals and corporation.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Physician Recruitment Reserve has two main areas of expenditures. The first is
related to the attraction of Physicians and the marketing related cost and the second is
for costs to secure Physicians. A Shared Physician Recruitment Incentive Support
Model for new physicians has been agreed to with the Tillsonburg District Memorial
Hospital.
Recommended Target Levels
The recommended minimum target shall $35,000
The recommended maximum target would be $100,000
COMMENTS:
The 2018 ending balance is $36,563.01
The 2019 ending balance is $58,659.71
Page 217 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
POLICE RESERVE
The Police Reserve purpose is to offset the annual cost of the Town’s police service contract.
Revenues
The Police Reserve shall generally receive revenues from any surplus generated from a
decrease in the budgeted service contract or unbudgeted funds received under the
Ministry of Community Safety and Correctional Services which include, but are not
limited to, the Community Policing Partnerships, Safer Communities - 1,000 Officers
Partnership and RIDE grant programs. The Reserve will also retain interest earned by
the funds in the Reserve.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Police Reserve funds are to be used solely to offset the annual cost of the Town’s
police service costs and must be made clear during the annual budget process.
Recommended Target Levels
N/A
COMMENTS:
The 2018 ending balance is $139,841.07.
The 2019 ending balance is $78,681.78
Page 218 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
POLICE SERVICES BOARD RESERVE
The Police Services Board Reserve a fund to support special projects taken on by the Board to
support policing efforts in the Town of Tillsonburg.
Revenues
The Police Services Board Reserve revenues are from the annual year end surplus of
the special project funds, as outlined in the Surplus Allocation Policy as well as any
revenue made from donations, auctions and unclaimed funds that may be collected by
the Board.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Police Services Board Reserve is to be used for augmentation of the annual special
projects allocation.
Recommended Target Levels
The recommended target minimum is $1,000.
The recommended target maximum is $20,000
COMMENTS:
The 2018 ending balance is $10,476.20
The 2019 ending balance is $18,005.55
Page 219 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
RECREATION CULTURE AND PARKS RESERVE POLICY
The Recreation, Culture and Parks Reserve generates funds for projects, equipment, planning
exercises, grant-matching, and other strategic initiatives of the Recreation, Culture & Parks
Department. Within the Reserve is a separate Memorials component that will fund replacements
and maintenance of memorial benches and trees in Town Parks. Other separate components
may be established from time to time to track reserves targeted for specific projects or facilities.
Revenues
The Recreation Culture and Parks Reserve revenues are from year-end surpluses in
RCP capital projects or from capital projects not completed at year-end. Revenue may
also be sourced from donations, bequests, fundraising revenue, advertising sales,
special user levies or fees, fines, court awards, insurance claims. The Memorials
Component will receive 10% of each memorial bench & tree fee The Reserve will also
retain interest earned by the funds in the Reserve.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Recreation Culture and Parks Reserve is to be used for planning, plan
implementation, grant matching, community events, equipment purchases, capital
repairs and improvements, fee subsidies, youth leadership initiatives, public art, cultural
initiatives or other expenditures as designated by the source of the revenue. Funds in
the Memorials component will be used to replace, repair or maintain memorial benches
and trees in Town Parks.
Recommended Target Levels
The recommended target minimum is $500,000 plus the cumulative total of Memorial
contributions.
COMMENTS:
The 2018 ending balance is $324,382.67
The 2019 ending balance is $527,703.88
Page 220 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
TAX RATE STABILIZATION RESERVE
The Tax Rate Stabilization Reserve provides a contingency for unforeseen events that might put
pressure on the tax rate. It is also used as a source of working capital.
Revenues
The Tax Rate Stabilization Reserve revenues are from the annual year end surplus, as
outlined in the Surplus Allocation Policy.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Tax Rate Stabilization Reserve is to be used for unforeseen expenditures of a one-
time nature.
Recommended Target Levels
The recommended target minimum is 3% of the annual tax supported budget.
For 2019, this would be $417,900 based on an operating budget of $13,929,400.
A preferred amount to support working capital would be about 15% of the budget which
is $2,270,550 representing about 2 month’s cash flow.
COMMENTS:
The 2018 ending balance is $887,571.08
The 2019 ending balance is $723,134.26
Page 221 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
TRANSIT RESERVE
The Transit Reserve was established to support provide funding for a Community
Transportation Program in cooperation with other community agencies. A Community
Transportation Program meets the Community Strategic Plan’s action items of exploring
alternative transportation options and implement and market a transportation program.
Revenues
The Transit Reserve revenues are from taxation. The Reserve will also retain interest
earned by the funds in the Reserve.
Expenditures
This Transit Reserve is to co-fund the requirements of community transit system. The
annual limit is established through the budget process.
Recommended Target Levels
The recommended minimum target shall be $22,500.
The recommended maximum target would be $75,000.
COMMENTS:
The 2018 ending balance is $0.
The 2019 ending balance is $0
Page 222 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
WASTE MANAGEMENT RESERVE
The Waste Management Reserve consists of funds set aside for the future rehabilitation or
replacement of waste related assets and to provide financial assurance for the future
decommissioning, clean-up or remediation of the Transfer Station facility.
Revenues
The Waste Management Reserve shall generally receive revenues from any surplus
generated from the waste business, after allowing for operating and capital expenses, on
an annual basis.
This Reserve also consists of funds set aside from waste management projects not
completed in the previous financial year. These funds will be used to complete those
waste management projects in a future financial year.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Waste Management Reserve could be used for operating or capital expense
purposes related to waste management.
Recommended Target Levels
The balance of the Waste Management Reserve shall be equivalent to the financial
assurance to clean-up the maximum allowable amount of waste at the Transfer Station
facility at any one time, which for 2019 is equivalent to $79,600, and increase annually at
the rate of inflation.
COMMENTS:
The 2018 ending balance is $1,856.59
The 2019 ending balance is $1,887.56
Page 223 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
WINTER MAINTENANCE RESERVE
The Winter Maintenance Reserve is to fund winter maintenance activities in the event of a
shortfall in the Winter Maintenance Operating Budget. This Reserve is to assist in minimizing
the financial implications resulting from extreme winter weather conditions.
Revenues
The Winter Maintenance Reserve revenues are from surplus funds from the annual
Operating Budget for winter maintenance, if any.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
This Reserve provides additional funding for winter maintenance expenditures in the
event of a deficiency in the Operating Budget amount for winter maintenance.
Recommended Target Levels
The recommended minimum target shall be equal to 10% of the 5-year average winter
maintenance costs or a minimum of $50,000.
The recommended maximum target would be about 25% of the 5-year average winter
maintenance costs which for 2019 would be approximately 133,200.
COMMENTS:
The 2018 ending balance is $0.
The 2019 ending balance is $0
Page 224 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
OBLIGATORY RESERVES
BUILDING PERMIT COST STABILZATION RESERVE
The Building Permit Cost Stabilization Reserve Fund was created to support Section 7(2) of the
Ontario Building Code Act which states “The total amount of the fees authorized under clause
(1) (c) must not exceed the anticipated reasonable costs of the principal authority to administer
and enforce this Act in its area of jurisdiction” meaning fees collected are to be used to
administer the Act; surpluses cannot be used to fund general Town expenditures, and deficits
should be funded from a Reserve Fund.
Revenues
Revenues to the Cost Stabilization Reserve Fund are an annual budgeted allocation
from Building Permit revenues, as well as additional revenues added from Building
Permit surplus as it occurs.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
Expenditures from the CSRF are to stabilize the building permit revenue line in the
Operating Budget and to fund Building department capital expenditures.
Recommended Target Levels
The minimum target amount should be $100,000 about 25% of the annual operating cost
and the maximum should be $400,000.
COMMENTS:
The 2018 ending balance is $271,257.93
The 2019 ending balance is $498,303.6
Page 225 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
DEVELOPMENT CHARGE RESERVE
The Development Charge (DC) Reserve Funds provide financing for growth related projects
undertaken by the Town as detailed in the DC Background Study and By-Law. The DC
legislation took effect in 1991.
Revenues
The Development Charge Reserve revenues are from charges imposed and collected
prior to the issuance of a building permit on new development and redevelopment that
will result in the demand for hard and soft services.
Expenditures
This Development Charge Reserve contributes to projects identified in the DC study and
included in the rate.
Recommended Target Levels
The recommended target would be to have adequate funding to meet the growth of the
Town.
COMMENTS:
The 2018 ending balance is $1,976,883
The 2019 ending balance is $2,397,787.82
Page 226 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
FEDERAL GAS TAX REBATE RESERVE
The Gas Tax Rebate Reserve provides funding for investments in Environmentally Sustainable
Municipal Infrastructure (ESMI) Projects and Capacity Building Projects as per the Agreement
for the Transfer of Federal Gasoline Tax Revenues.
Revenues
The Town of Tillsonburg receives a semi-annual allocation of funds from the Association
of Municipalities Ontario (AMO) on behalf of the Federal Government per the Agreement
for the Transfer of Federal Gasoline Tax Revenues.
The Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
Expenditures from the Gas Tax Rebate Reserve are to be used to support
environmentally sustainable municipal infrastructure projects to help ensure cleaner air,
cleaner water, and reduced greenhouse gas emissions. The Transfer of Federal
Gasoline Tax Revenues Agreement sets out Eligible projects/categories as well as terms
& conditions in further detail.
Recommended Target Levels
The balance of the Gas Tax Rebate Reserve should not drop below $0 and should be
monitored regularly to make best use of the opportunity available to the Town of
Tillsonburg.
COMMENTS:
The 2018 ending balance is $91,685.83.
The 2019 ending balance is $581,310.41
In 2019, the Federal government added two one-time payments on top of the annual
contributions of $487,351.46 and $9,076.66.
Page 227 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
TRUST FUNDS
THE ANNANDALE HOUSE TRUST
The Annandale House Trust is established for purpose of generating funds for the restoration,
refurbish, development, and promotion of the Annandale House and the Museum’s collection
was established through By-Law 2259. The Trust was defined and Trustees appointed through
By-Law 4322 on the 24th day of June, 2019.
Revenues
The Annandale House Trust revenues are from donations, bequests, fundraising
activities and any revenue from the divestment of de-accessioned items in the Museum’s
collection or the sale of items donated for the collection but which do not meet the
criteria to be added to the collection. Interest earned on funds in the Trust will be
retained within the Trust.
Expenditures
The Annandale House Trust is to be used for capital repairs and enhancements to the
Annandale House, outbuilding and grounds that are consistent with maintaining and/or
restoring the National Historic Site. Trust funds may also be used for acquisition of
items for the Museum collection or for expenses related to the preservation, storage or
display of the items in the collection. Grant matching is an eligible expense. Fundraising
expenses and donor recognition are not eligible expenses.
Recommended Target Levels
The recommended target minimum is $400,000.
COMMENTS:
The 2019 ending balance is $133,103.
Page 228 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
CEMETERY MAINTENANCE TRUST
The Cemetery Maintenance Trust was established to receive, maintain, control and use
donations for the general maintenance and upkeep of Tillsonburg Cemeteries. The Trust was
defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019.
Revenues
The Cemetery Maintenance Trust revenues are from donations received. They shall be
deposited into this trust account and may be invested in such securities as the trustees
may invest in under the Trustee Act, and the earnings derived from the investment of
such monies form part of the trust fund.
Expenditures
This Cemetery Maintenance Trust Trustees will determine the disbursement of the
funds, to focus on the general maintenance and care of the grounds of the Tillsonburg
Cemetery.
Recommended Target Levels
The recommended minimum target shall $10,000
The recommended maximum target would be $100,000
COMMENTS:
The 2019 ending balance is $35,494
CONSOLIDATED ACCOUNTS: PURPOSE:
Cemetery Maintenance $24,150 Cemetery maintenance
TASC $1,748
Cemetery Trees $3,197 Plant trees in cemeteries
Cemetery Capital $6,398 Fund capital purchases for cemeteries
Page 229 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
CEMETERY PERPETUAL CARE TRUST
The Perpetual Care Trust holds funds in trust as per of the Funeral, Burial and Cremation
Services Act, 2002, Section 51 and Ontario Regulation 30/11, Division G, which requires a
cemetery operator to have a trust account for the purpose of generating funds for the care and
maintenance of the cemetery. The Trust was defined and Trustees appointed through By-Law
4322 on the 24th day of June, 2019.
Revenues
The Perpetual Care Trust revenues are from the contributions required by the Act and
set by regulation that are collected from every sale of interment rights within the
cemetery and in respect of markers installed in the cemetery. As per the Act, income
from the investment and reinvestment of those contributions must be must only be used
for the prescribed purposes and in accordance with the prescribed rules. If this income
is retained by the Trust it may only be made available for distribution to the cemetery
operator.
Expenditures
The capital accumulated within the Trust cannot be used for any purpose except as
required or permitted by the Act or the regulations. Distributed interest earned from the
investment and reinvestment of contributions from markers can be used to stabilize,
maintain, secure and preserve markers in the cemetery. Interest earned from the
investment and reinvestment of money paid into the trust for purposes other than for
markers can be used to maintain, secure and preserve the cemetery, including its
grounds, buildings, structures and markers, and for the equipment used to maintain,
secure and preserve the cemetery. Regulation permits the operator to use income from
the fund or account to pay a worker wages and benefits for engaging in, or supervising,
the stabilization, maintenance, securing or preservation of markers, the cemetery or any
of its grounds, buildings, structures or markers; or the equipment used to maintain,
secure or preserve the cemetery.
Recommended Target Levels
N/A
COMMENTS:
The 2019 ending balance is $932,435.
Page 230 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
CEMETERY PRE-PAID TRUST
The Cemetery Pre-Paid Trust holds funds in trust for pre-paid cemetery services and has been
established under Part VI of the Funeral, Burial and Cremation Services Act, 2002, Section 52
and Ontario Regulation 30/11, Section 77-81.
Revenues
The Cemetery Pre-Paid revenues were collected from Cemetery customers for pre-paid
services up until 2014. They are no longer being collected as pre-paid services are not
being offered by the Tillsonburg Cemetery. Interest earned from the Trust is retained
within the Trust.
Expenditures
The funds in the Trust must be used for the purpose for which they were collected.
When one of the clients who has pre-paid for cemetery services has need of those
services, the funds held in trust plus the interest earned on those funds are used to pay
for the services. If the fee for the services is less than the funds plus interest, any
leftover must be returned to the estate of the client. If the fee is greater than the
accumulated funds, the difference is waived by the Town.
Recommended Target Levels
The target level is $0. As the pre-paid services are performed, the balance in the Trust
will decrease to zero.
COMMENTS:
There are Provincial regulations and annual reporting requirements associated with pre-paid
trusts that must be complied with as long as there are funds in the Trust.
The 2019 ending balance is $29,611 representing 66 prepayments.
Page 231 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
COMMUNITY TRUST
The Community Trust was established to receive, maintain, control and use donations for
community designated purposes. The Trust was defined and Trustees appointed By-Law 4322
on the 24th day of June, 2019.
Revenues
The Community Trust revenues are from Donations and Bequeaths received and
deposited into this trust account. Funds in the Community Trust may be invested in
such securities as the trustees may invest in under the Trustee Act, and the earnings
derived from the investment of such monies form part of the trust fund.
Expenditures
This Community Trust shall be disbursed by the Trustees. These funds will be disbursed
to focus on community purposes such as heritage designations, disaster relief, fire
safety, parades, festivals, theatre and so on.
Recommended Target Levels
The recommended minimum target shall be $50,000.
COMMENTS:
The 2019 ending balance is $73,333
CONSOLIDATED ACCOUNTS: PURPOSE:
John Scott $1,893 Poor of Tillsonburg
John McIntyre $2,857 Sick children
John Law $34,290 Bands, concerts, & musical entertainment
Emergency $2,497 Citizens affected by a fire or other disaster
LACAC $8,034 Public awareness of heritage conservation
Fire Safety House $1,205 Fire safety
Rowing $36 Sponsorship of rowing athletes
Youth Request $22,521 Special project grants and bursaries for
youth
Page 232 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
LAKE LISGAR REVITALIZATION TRUST
The Lake Lisgar Revitalization Trust is to be used for generating funds for the care and
maintenance of the water quality of Lake Lisgar and the shorelines in and around Lake Lisgar.
Revenues
The Lake Lisgar Revitalization Trust revenues are from donations, bequests, grants and
fundraising activities. If the balance in the Trust is less than the targeted minimum, there
may be contributions from the Town’s operating budget. Interest earned on the funds in
the Trust will be retained in the Trust.
Expenditures
Eligible expenditures include projects upstream of the Lake like sediment ponds and
erosion mitigation. Eligible expenses also include equipment, project expenses,
scientific research, water quality monitoring, grant matching, and activities or projects
that inform people about the importance of water quality and how they can assist with
keeping Lake Lisgar clean.
Recommended Target Levels
The recommended target minimum is $50,000.
COMMENTS:
The 2019 ending balance is $28,487.
CONSOLIDATED ACCOUNTS: PURPOSE:
Lake Lisgar Trust $13,686 Care and maintenance Lake Lisgar and the
shorelines.
Restricted Fountain Trust $14,801 Maintain the Lake Lisgar fountain
Page 233 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
PARKLAND TRUST RESERVE
The Parkland Trust Reserve provides a source of funds for Parkland acquisition, projects and
equipment. Within the Parkland Reserve is a separate Memorials component that will fund
replacements and maintenance of memorial benches and trees in Town Parks. The Trust was
defined and Trustees appointed through By-Law 4322 on the 24th day of June, 2019.
Revenues
The Parkland Trust Reserve revenues are from contributions from land developers and
severances remitted under Section 51.1 (3) of the Planning Act R.S.O. (1990), from the
sale of land previously designated for parkland purposes, and from donations. The
Memorials Component will receive 10% of each memorial bench & tree fee. The
Reserve will also retain interest earned by the funds in the Reserve.
Expenditures
The Parkland Reserve is to be used for Parks planning and plan implementation,
surveys, landscaping projects, park amenities and other special Parks projects. Funds
in the Memorials component will be used to replace, repair or maintain memorial
benches and trees in Town Parks.
Recommended Target Levels
The recommended target minimum is $10,000.
COMMENTS:
The 2019 ending balance is $20,474
CONSOLIDATED ACCOUNTS: PURPOSE:
Parkland Trust $18,833 Purchase parkland and equipment
Arbour Day $1,641 Plant trees
Page 234 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
SCHOLARSHIP TRUST
The Scholarship Trust was established to receive, maintain, control and use donations for
scholarship awards. The Trust was defined and Trustees appointed through By-Law 4322 on
the 24th day of June, 2019.
Revenues
The Scholarship Trust revenues are from donations and bequeaths for the Town which
are deposited to the trust account. The trust funds may be invested in such securities as
the trustees determine under the Trustee Act and the earnings derived from the
investment of such monies form part of the trust fund.
Expenditures
The Scholarship Trust funds shall be disbursed by the trustees on choosing a suitable
recipient of a scholarship. The request for funds shall be provided from Tillsonburg High
Schools and/or from neighboring Public or Private Schools to which Tillsonburg
residents attend.
Recommended Target Levels
The recommended minimum target shall be $20,000.
COMMENTS:
The 2019 ending balance is $35,538
CONSOLIDATED ACCOUNTS: PURPOSE:
Police Services Board Trust (PSB) $29,917 Police (Foundations) Studies
M.L. Covey Trust $5,621 Modern Language Studies
Page 235 of 327
2019 TOWN OF TILLSONBURG STATEMENT OF RESERVES AND TRUSTS
J.L. SCOTT MCLEAN OUTDOOR RINK TRUST
The J.L. Scott McLean Fund is to be used for capital expenses and ongoing facility
improvements related to the construction of the outdoor refrigerated ice pad/basketball court
facility behind the Tillsonburg Community Centre. The Trust was defined and Trustees
appointed through By-Law 4126, Schedule A, on the 21st day of August, 2017.
Revenues
The J.L. Scott McLean Fund revenues are from donations received by the Town.
Donations received herein shall be deposited into this trust account and may be invested
in such securities as the trustees may invest in under the Trustee Act, and the earnings
derived from the investment of such monies form part of the trust fund.
Expenditures
The J.L. Scott McLean Fund shall be disbursed by the trustees. Trustees are to
determine the disbursement of the funds to focus on the construction of a new outdoor
refrigerated ice pad/ basketball court facility in Memorial Park, the refrigeration of the
facility and improvements to the facility.
.
COMMENTS:
The 2019 ending balance is $84,515
Page 236 of 327
Page 1 of 3
Subject: Fire Communications Agreement – Fort Erie
Report Number: FRS 20-08
Author: Brad Lemaich, Fire Chief / CEMC
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receives Report FRS 20-08 Fire Communications Agreement – Fort Erie
for information;
AND THAT the capital costs of $26,813.00 incurred be debt financed with a term not to
exceed five (5) years;
AND FURTHER THAT Council authorizes the Mayor and Clerk to enter into an
agreement with the Corporation of the Town of Fort Erie for the provision of Fire
Dispatch and Communications services upon receipt of the signed agreement from the
aforementioned.
BACKGROUND
The Corporation of the Town of Fort Erie issued a Request for Proposal for fire dispatch
communications services on January 21, 2020. The RFP closed on February 25, 2020
with no respondents submitting. Tillsonburg was not aware of the RFP being issued due
to I.T. technical difficulties. After the closing date the Fort Erie Fire Chief contacted
Tillsonburg to request a proposal for the provision of the desired services. Tillsonburg
has proposed an agreement for a five (5) year term with an option to renew, for the
provision of Fire Dispatch Communications Services.
DISCUSSION
Staff has had conversations with several service providers that offer services to source,
install, test and maintain equipment required for Tillsonburg Fire Communications to be
able to dispatch the Fort Erie Fire Department. Two quotes were received and one
company replied with a decline due to the area being serviced. Staff has selected Five9
Solutions from Kitchener to manage the project.
The cumulative additional call volume of the agreement being presented tonight will not
require additional staffing. This agreement can be fulfilled with the current previously
approved staffing levels.
Page 237 of 327
FRS 20-08
Page 2 of 3
Staff has been working directly with the Finance department to ensure that we have a
sustainable business model moving forward. This additional business, coupled with the
recent Dufferin County fire services dispatch agreements, adds a further 82,782 people
to the population base served from our Communications Centre.
The Fort Erie Fire Chief’s report was presented, and was been adopted by the council
of the Corporation of the Town of Fort Erie on June 8, 2020. The agreement is currently
with Fort Erie to complete approval signatures.
The term of this agreement extends into the implementation timeframe of Next
Generation 911, and there is assigned cost recovery in this agreement. Fort Erie is
aware that Next Generation 911 will have capital costs associated to each customer
based on a cost recovery model. Fort Erie has agreed and committed to fund their
projected share of $84,000.00 as required.
Staff has committed to keeping all customers up to date with expected capital upgrade
costs so we can all plan accordingly for the implementation of Next Generation 911
expected in March 2024.
FINANCIAL IMPACT/FUNDING SOURCE
Staff has been working to ensure that any new agreements and renewals reflect the
actual costs incurred by the Corporation of the Town of Tillsonburg. All capital costs
associated with this project will be recovered by the Town of Tillsonburg over the
duration of the agreement, and actual operating costs will be positively impacted.
This is a five (5) year agreement, and as such the total revenue generated (excluding
tax) will be $464,590.68. All capital costs for this project will be paid by the Corporation
of the Town of Fort Erie over the life of the agreement.
As recommended, the costs will be debt financed with the annual revenue received
paying the principal and interest with a debt term matching the agreement term of five
(5) years.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
ATTACHMENTS
Appendix A – Report to Fort Erie Council
Appendix B – Corporation of the Town Of Fort Erie Fire Dispatch Agreement
Page 238 of 327
FRS 20-08
Page 3 of 3
Report Approval Details
Document Title: FRS 20-08 Fire Communications Agreement - Fort Erie
3.docx
Attachments: - Fort Erie Council Report.pdf
- Fort Erie Contract - unsigned.docx
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 15, 2020 - 11:21 AM
Kyle Pratt - Jun 18, 2020 - 6:10 AM
Michelle Smibert - Jun 18, 2020 - 7:45 AM
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THIS AGREEMENT, dated this ______ day of _______, 2020
B E T W E E N
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter "the Town of Tillsonburg")
- and -
THE CORPORATION OF THE TOWN OF FORT ERIE
(hereinafter “the Town of Fort Erie”)
Page 246 of 327
WHEREAS:
1. Pursuant to the provisions of the Municipal Act, S.O. 1991, c. 25, as
amended, the parties have enacted By-laws to authorize an agreement
between the parties;
2. The Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended,
authorizes a municipality to provide and/or receive fire protection services
to or from other municipalities;
3. The Town of Tillsonburg operates fire protection services and holds fire
protection assets including fire communications personnel and equipment
suitable to meet municipal responsibilities required by the Fire Protection
and Prevention Act, through a fire department situated within the Town of
Tillsonburg;
4. The Town of Tillsonburg has agreed to provide such Fire Communications
services to the Town of Fort Erie
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties agree as follows:
Services Provided:
5. The Town of Tillsonburg shall supply fire communications services to the
TOWN OF FORT ERIE the particulars of which are as described in
Schedule "A" to this agreement.
6. The fire communications services provided by the Town of Tillsonburg
shall comply with the Standard Operating Guidelines, which regulate the
operation and maintenance of the Tillsonburg Fire & Rescue Services Fire
Communications.
Consideration:
7. The TOWN OF FORT ERIE shall pay fees to the Town of Tillsonburg as
described in Schedule "B" to this agreement.
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Term:
8. This agreement shall remain effective for a period of five (5) years from
the date of signature. If not expressly renewed in writing or supplanted by
a succeeding agreement, this Agreement shall be deemed to have been
automatically renewed for a period of indefinite duration unless and until
one of the parties provides written notice of termination as contemplated in
paragraph nine below.
9. Notwithstanding the provisions of paragraph eight above, any of the
parties may withdraw from this Agreement upon providing twelve months
written notice to the other parties (hereinafter “the party or parties
withdrawing”).
Service Commencement Date:
10. The Town of Tillsonburg shall provide fire communications services in
accordance with this agreement effective on January 1, 2021.
Indemnity and Limitation of Liability:
11. The parties agree to indemnify and save each other harmless, along with
their respective councillors, officers, employees and agents from any
liability, action, claim, loss, damage, payment, cost, fine, fine surcharge,
recovery or expense, including assessable legal fees arising out of the
performance of their respective obligations under this Agreement, save
and except in respect of any liability, action, claim, loss, damage,
payment, cost, fine, fine surcharge, recovery or expense, including
assessable legal fees, directly attributable to, arising from, or caused by
the negligence or breach of contractual obligation hereunder by any party
hereto.
12. Notwithstanding that set forth in paragraph eleven above, the parties
agree that no party or parties shall be held responsible for damages
caused by delay or failure to perform its or their undertakings under the
terms of the agreement when the delay or failure is due to fires, strikes,
floods, acts of God or the Queen’s enemies, lawful acts of public
authorities, or delays or defaults caused by common carriers which cannot
reasonably be foreseen or provided against.
13. Notwithstanding any other provision in this contract or any applicable
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statutory provisions, none of the parties shall be liable to any other party
for special or consequential damages or damages for loss of use arising
directly or indirectly from any breach of this contract, fundamental or
otherwise, or from any tortious acts or omissions of their respective
employees or agents, save and except when such damages or losses are
directly attributable to, arise from, or are caused by the breach of
contractual obligation, fundamental or otherwise, or from any tortious acts,
including negligence, by any party or parties hereto, including its or their
respective employees or agents. Without limiting the generality of the
foregoing, the parties specifically agree that the Town of Tillsonburg shall
not be liable for any damages arising as a result of any injury or damage
caused or sustained by personnel, apparatus, or equipment of the fire
department of the TOWN OF FORT ERIE while engaged in the provision
of fire protection services. Nothing in this provision shall be interpreted to
affect or interfere with the right of any of the parties to take action to
enforce the terms of this Agreement.
14. The parties hereto agree that no provision herein, or any part thereof, shall
be interpreted or act so as to affect, restrict, prohibit, or interfere with the
right of any party or parties hereto, either individually or in combination, to
demand or otherwise take action or commence proceedings to enforce the
terms of this Agreement.
Amendment:
15. The parties may amend this agreement from time to time by further written
memorandum.
16. Should any of the parties wish to amend the terms of this agreement, it
shall provide a minimum of thirty days written notice to the other party of
the proposed terms of amendment.
Dispute Resolution:
17. In the event that a dispute arises or disputes arise between the parties
which cannot be resolved, the parties shall submit the dispute or disputes
to arbitration using the procedure set out in the Municipal Arbitrations Act,
R.S.O. 1990, c. M - 48, as amended.
18. In the event that a dispute or disputes is submitted for arbitration, the
decision or decisions of the arbitrator shall be final and binding upon the
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parties to this agreement.
19. In the event that arbitration cannot be conducted using the procedure set
out in the Municipal Arbitrations Act, the parties shall select a single
arbitrator, and in the absence of agreement on an arbitrator, the arbitrator
shall be nominated by a justice of the Superior Court of Justice of the
Ontario Courts under the procedure set out in the Arbitration Act, S.O.
1991, c. 17, as amended.
General Provisions:
20. This agreement is not assignable without the written consent of the
parties. Any attempt to assign any of the rights, duties or obligations of
this agreement without written consent is void.
21. This agreement shall not be in force, or bind any of the parties, until
executed by all the parties named in it.
22. This agreement shall take effect upon its execution by the authorized
representative or representatives of the Town of Tillsonburg and the
TOWN OF FORT ERIE.
23. Any notice under this agreement shall be sufficiently given by personal
delivery or by registered letter, postage prepaid and mailed in a Canadian
post office, addressed, in the case of notice to the Town of Tillsonburg, to
the municipal offices of the Corporation of the Town of Tillsonburg and, in
the case of notice to any of the TOWN OF FORT ERIE, to the respective
municipal office of the TOWN OF FORT ERIE, or to any other address as
may be designated in writing by the parties, and the date of receipt of any
notice by mailing shall be deemed conclusively to be ten days after the
mailing.
24. No change or modification of this agreement (including the schedules to
this agreement) shall be valid unless it be in writing and signed by each
party.
25. The Town of Tillsonburg and the TOWN OF FORT ERIE agree that no
representation, statement or agreement, other than those set out in this
agreement, shall be binding upon the parties unless expressed in writing,
signed by an authorized representative or by authorized repre sentatives of
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each and purporting to be expressed in modification of this agreement.
26. The parties agree that each of them shall, upon reasonable written
request of the other, do or cause to be done all further lawful acts, deeds
and assurances whatever for the better performance of the terms and
conditions of this agreement.
27. It is intended that all provisions of this agreement shall be fully binding and
effective between the parties, but in the event that any particular provision
or provisions or a part of one is found to be void, voidable or
unenforceable for any reason whatever, then the particular provision or
provisions or part of the provision shall be deemed severed from the
remainder of this agreement and all other provisions shall remain in full
force.
28. This agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario.
29. Subject to the restrictions on transfer and assignment, this agreement
shall endure to the benefit of and be binding on the parties and their
respective successors and assigns.
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IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals
attested by the hands of their proper officers and further this agreement shall be
signed in counterpart with the parties named be low and a copy of each
counterpart shall remain attached to and form part of this agreement.
TOWN OF FORT ERIE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Stephen Molnar, MAYOR
Date
Kyle Pratt, CHIEF ADMINISTRATIVE OFFICER
Date
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SCHEDULE “A”
The Town of Tillsonburg shall provide the following services and facilities:
1. A 24 hour, seven days a week, 365 days a year answering service, alert
paging service and base radio communications dispatch service fully
integrated with a Computer Aided Dispatch (CAD) system.
2. A base station manufactured and installed to industry standards complete
with the TOWN OF FORT ERIE Fire Department Dispatch frequency. The
Town of Tillsonburg shall operate and maintain these services and facilities
from two primary public safety communications consoles located in a
municipally owned building at 80 Concession Street, East, Tillsonburg. The
building shall be equipped with an automatic transfer emergency generator.
In the event of system maintenance and/or upgrades, all parties affected shall
be granted prior notification when possible.
3. An emergency (third) backup base station manufactured and installed to
industry standards complete with the TOWN OF FORT ERIE Fire Department
Dispatch frequency. The Town of Tillsonburg shall operate and maintain
these services and facilities from a public safety communications c onsole
located in a municipally owned building at 10 Lisgar Ave, Tillsonburg. The
building shall be equipped with an automatic transfer emergency generator. In
the event of system maintenance and/or upgrades all parties affected shall be
granted prior notification when possible.
4. Answering, alerting and radio communications dispatch equipment shall be
staffed continuously by personnel trained to the core competencies outlined in
Ontario Fire Service Communicators Standard and the National Fire
Protection Association (NFPA) 1061 Standard for Professional Qualifications
for Public Safety Telecommunicators.
5. Transmission of information shall be seamless from when the information is
received from the Public Safety Answering Point (PSAP) until the time an
emergency is terminated by the Incident Commander and shall be provided in
accordance with the time targets specified within NFPA 1221. Seamless is
defined to mean without interruption and continuously from the initial call until
the satisfactory resolution of the incident.
6. All emergency incident information shall be logged on the CAD system by the
communicator and all telecommunications shall be captured on a digital voice
recorder. At the completion of the event a detailed incident report shall be
collated and forwarded to the TOWN OF FORT ERIE Fire Department via
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email or other means as arranged between the parties within four hours of
termination of command. All audio transmissions shall be recorded from
licensed dispatch channels and dedicated phone lines and shall be available
to the TOWN OF FORT ERIE Fire Department upon request as arranged
between the parties. Recordings shall be made on non -interruptible, non-
erasable media. All records including digital voice recordings shall be
maintained for a period of two years.
7. Upon the request of the Incident Commander for any additional resources or
to relay emergent messaging to other persons, the fire communicator shall
relay such requests in a prioritized fashion via telecommunications equipment
and shall report confirmation of same to the Incident Commander.
8. Testing of paging system equipment shall be provided as arranged by the
parties.
9. The TOWN OF FORT ERIE Fire Department shall provide the following
without cost to the Town of Tillsonburg:
a. All GIS mapping for its protection area / response
zone boundaries.
b. All radio transmitting and receiving equipment,
licensing and maintenance of same external to the
boundary of the Town of Tillsonburg.
c. Routing of Emergency 911 telecommunications from
the Public Safety Answering Point (PSAP) and the
Central Ambulance Communications Center (CACC)
as required to meet the approved fire protection
services provided by the Municipality for its fire
protection area / response zone boundaries inclusive
of all required ANI/ALI, GIS mapping and all site
location information so that it is seamlessly
transmitted to the Secondary Public Safety Answering
Point (SPSAP) serving the Tillsonburg Fire
Communications Division.
d. The Town of Tillsonburg assumes no responsibility
with respect to quality of the data received in sections
9.a., 9.b. and 9.c.
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SCHEDULE “B”
FEES TO BE PAID BY TOWN OF FORT ERIE TO THE TOWN OF
TILLSONBURG
1. The Fee Structure contained within this Agreement is predicated upon the
contractual participation of the TOWN OF FORT ERIE for a period of not less
than five (5) years starting January 1, 2021.
2. The TOWN OF FORT ERIE Fire Department shall pay to the Town of
Tillsonburg an annual fee (not including HST) for each of the years as listed
below:
2021 - $89,275.00
2022 - $91,060.50
2023 - $92,881.71
2024 - $94,739.34
2025 - $96,634.13
3. TOWN OF FORT ERIE shall tender payment to the Town of Tillsonburg in
quarterly installments, to be invoiced by the Town of Tillsonburg four (4) times
each year to the TOWN OF FORT ERIE.
4. The TOWN OF FORT ERIE agrees to pay for costs associated with
implementing Next Generation 911 services for the TOWN OF FORT ERIE.
These fees will be based on a cost recovery / per capita model and shall be
capped at $84,000.00. The Town of Tillsonburg will work closely with all
stakeholders to keep them apprised of anticipated costs and implementation
dates.
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Page 1 of 5
Subject: Southwest Community Transit Association Memorandum of Understanding
Report Number: OPS 20-25
Author: Kevin DeLeebeeck, P.Eng., Director of Operations
Meeting Type: Council Meeting
Meeting Date: Monday, June 22, 2020
RECOMMENDATION
THAT Council receive Report OPS 20-25 Southwest Community Transit Association
Memorandum of Understanding;
AND THAT Council authorize the Mayor and Town Clerk to execute the Memorandum
of Understanding for the establishment of the Southwest Community Transit
Association;
AND FURTHER THAT Council authorize the Director of Operations and the Transit
Coordinator to participate in the Southwest Community Transit Association;
AND FURTHER THAT the South Central Economic Development Corporation be
advised of the Town of Tillsonburg’s support of the Southwest Community Transit
Association.
BACKGROUND
The Town of Tillsonburg will be providing an Inter-Community transit service as part of
the Ministry of Transportation’s Community Transportation Grant Program. During the
development phase of this project, Town staff collaborated with other Community
Transportation Grant recipients to ensure a coordinated effort in providing Inter -
Community transit services in Southern Ontario.
DISCUSSION
The Memorandum of Understanding (MOU) for the establishment of the Southwest
Community Transit will formalize the working relationship between the Inter-Community
transit services and provide a common working group.
The mandate of the Southwest Community Transit Association is to:
coordinate integrated delivery of Inter-Community transportation services in
Southwest Ontario,
share information and best practices
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collaborate on operational issues and create efficiencies through innovation
identify economies of scale through shared purchasing and operating
agreements
act as a common voice and vehicle to support long-term sustainable transit
within Southwestern Ontario.
By joining the Southwest Community Transit Association, members will be working
collaboratively using a system wide approach while individual communities such as
Tillsonburg will continue to keep the T:GO brand and become part of a larger collective
intercommunity system network.
To date, the informal group of Community Transportation Grant recipients has worked
on operational issues such as:
developing guidelines for bus stops in rural locations,
linking to each other’s systems at appropriate times and locations for
continuation of travel across Southwestern Ontario,
creation of common language in the RFP process to third party service providers,
creation of maps and connection points, including using Google Transit Maps
Marketing (with common logos), communications and signage.
However, there are other issues such as advocacy, governance, policy and overall
general steering of inter-community transit that need a collaborative approach/support
to ensure continued success.
The informal group is proposing a three tier model under the Southwest Community
Transit Association with an Executive Committee, Technical Committee and
Stakeholders Group.
Executive Committee
The committee would consist of an elected official or senior staff member with the
authority to make decisions on behalf of the Municipality. Each Municipality would
appoint one person to this committee. This committee would provide direction, share
information and recommend strategies and actions which support the above noted
Association mandate, respecting municipal members will continue to have full approval
authority over inter-community public transit services they fund and operate. SCOR
EDC would appoint one person (either from their Board of Directors or within the ranks
of their council members) to act as Chair of this committee. The role of the chair would
be as a neutral third party who would act on behalf of the wider group and best interests
of the entire system network.
Technical Committee
The technical committee would focus on system efficiencies, day to day operations,
connections with neighbouring communities and overall smooth functioning of the
system. Each participating Municipality would appoint one person to sit on this group.
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This group would provide reports and information on a consistent basis to the Executive
Committee.
Stakeholder Group
This group would consist of organizations with a particular interest in community
transportation. It might consist of service providers, consultants, transpor tation related
organizations, community organizations and others.
CONSULTATION
The Executive Director of the South Central Economic Development Corporation has
hosted regular consultations with staff from each participating Municipality in preparing
this MOU.
At the time of preparing this report, both the County of Grey and County of Oxford have
supported this Memorandum of Understanding.
FINANCIAL IMPACT/FUNDING SOURCE
The Southwest Community Transit Association annual fee of $2,000 is covered by the
Towns SCOR EDC membership.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
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ATTACHMENTS
Appendix A – Southwest Community Transit Association Memorandum of Understanding
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Report Approval Details
Document Title: OPS 20-25 Southwest Community Transit Association
Memorandum of Understanding.docx
Attachments: - OPS 20-25 Appendix A - Southwest Community Transit Association
Memorandum Of Understanding.docx
Final Approval Date: Jun 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Dave Rushton - Jun 11, 2020 - 3:43 PM
Kyle Pratt - Jun 18, 2020 - 4:38 AM
Michelle Smibert - Jun 18, 2020 - 5:32 AM
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Memorandum of Understanding
for the establishment of the
Southwest Community Transit Association
1.0 INTRODUCTION
1.1 Preamble
A group of municipalities and not-for-profit organizations in Southwest Ontario (Members) have come
together to form the Southwest Community Transit (SCT) Association, which is mandated to coordinate
the integrated delivery of inter-community public transportation services in southwest Ontario, share
information and develop best practices, identify economies of scale through shared purchasing and
operating agreements, and act as a common voice to support long-term sustainable transit funding.
The purpose of this Memorandum of Understanding (MOU) is to describe what the municipalities agree
to undertake and how they will go about delivering this mandate. This Memorandum of Understanding
further sets out arrangements and understandings concluded in good faith between all participating
Members.
1.2 Definitions and Acronyms
“Annual Report” means the report prepared by the Executive Committee to all participating Members.
“Association” means the voluntary unincorporated group of Members that have formed under guidance
of a Memorandum of Understand to achieve a common mandate.
“Chair” means a person has been appointed to preside over and direct meetings of the Executive
Committee and Technical Committee.
“Executive Committee” means a committee of senior level representative with decision making
authority from each respective Member that guides the actions taken by the Association.
“Member” means a participating individual municipality or organization that has signed the MOU and is
in good standing.
“MOU” means this Memorandum of Understanding, entered into between all participating
municipalities.
“Technical Committee” means a committee of individuals generally responsible for the day-to-day
operation and delivery of the inter-community public transportation service for each Member that help
assess and implement strategic directions and actions directed by the Executive Committee.
“SCT” means the Southwest Community Transit Association.
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“Stakeholder” means persons or representatives of organizations or municipalities that have expressed
a vested interest in advancing the “Mandate” of the Association, but are not Members of the
Association.
1.3 Membership
The municipalities and organizations (the Members) that have formed to operate and/or support SCT
are:
Brant, County of (unconfirmed);
Grey County (confirmed);
Lambton Shores, Municipality of (unconfirmed);
Middlesex County (unconfirmed);
Norfolk County (unconfirmed);
Owen Sound, The City of (unconfirmed);
Oxford County (confirmed);
Perth County (unconfirmed);
Stratford, the City of (unconfirmed)
Strathroy-Caradoc, Municipality of (unconfirmed); and
Tillsonburg, Town of (unconfirmed).
Membership to the Association and the ability to vote on directions set by an Executive Committee will
be limited to:
1. Municipalities that operate or fund the operation of an inter-community public transportation
service within Southwestern Ontario.
2. Municipalities that provide ongoing funding or in-kind support that is considered integral to the
planning and delivery of an inter-community public transportation service operated by another
municipality within their jurisdiction. This could include pre-purchased fares, infrastructure
provisions or in-kind contributions.
3. Organizations that provide ongoing funding or in-kind services that are integral to the operation
of an inter-community public transportation service.
4. The South Central Ontario Region Economic Development Corporation, which does not operate
or fund an inter-community public transportation service, but will leverage its network and
provide resources to operate the Association.
The scope and nature of the public transportation service delivered by each Municipal Member is
decided by each Member and varies substantially.
It is recognized that other municipalities and organizations may choose to join the SCT Association and
may be added to the current Membership based on the above noted criteria. New Membership into the
Association would be decided by an Executive Committee by vote.
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1.4 Effective Date and Duration
This MOU and any amendments are in effect on the date they are signed by the Members and remain in
effect until a replacement MOU is signed by all Members or until all Members agree to dissolve the
Association.
1.5 Amendments and Termination
The Members agree to review the terms of the MOU every three (3) years, or at any other time upon
agreement by vote of Members on the Executive Committee. This MOU will automatically extend for up
to three (3) additional one year terms. At any point an existing Member can agree to leave the
Association by providing at least three (3) months termination notice in writing to the Chair of the
Executive Committee.
Amendments to the MOU will be in writing, dated and signed by the Members, including those which
have the authority to bind their respective municipal organizations and all be directed to execute such
amendments by their respective municipal Councils or an organization’s Board. Once signed,
amendments will be attached to, and form part of this MOU.
As of three (3) years after the signed date of the agreement, an individual Member may terminate
their participation in this MOU by giving written notice at least three (3) months prior to this date.
A decision to terminate the Association could only be made by the Executive Committee by vote. The
decision to terminate the Association would be in writing, dated and signed by Members in the
Executive Committee.
2.0 MANDATE
Each Member has agreed to establish an Association to be known as Southwest Community Transit
(SCT). SCT is a voluntary unincorporated Association comprised of Members that will function as a non-
binding advisory board to fulfil the following mandate:
Provide a seamless and integrated customer experience for passengers using each of the
Member inter-community public transportation services;
Promote inter-community connections between the Member public transportation services;
Identify and share best practices, operating and ridership data and Key Performance Indicators
(KPIs) to be used in the planning and delivery of inter-community public transportation services;
Identify potential operating efficiencies and capital savings that may arise from Members
pooling their resources or purchasing as a single entity;
Present a unified voice to the Province of Ontario and other key stakeholders with regards to
matters that deal with the long-term sustainability of inter-community public transportation
service in Southwestern Ontario.
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The Association will function as a non-binding advisory board, for the purpose of setting direction,
providing information and recommending strategies and actions that will address the above noted
Mandate. Members will continue to have full approval authority over inter-community public transit
services they fund and operate.
3.0 MEMBER RESPONSIBILITIES
In order to participate in the Association, each Member is responsible for the following:
Operate and maintain a safe, reliable and accessible inter-community public transportation
service within their jurisdiction or support the planning and delivery of inter-community public
transportation services through either ongoing funding, pre-purchased fares, infrastructure
provisions or in-kind contributions that are considered integral to the operation of the service;
Designate a senior level representative with decision making authority to participate in the
Association Executive Committee;
Designate an individual responsible for day-to-day operation/management of the Member’s
inter-community public transportation service to participate in the Association Technical
Committee (Members that operate an inter-community public transportation service only);
Actively participate in Association activities, including Committee Meetings, working groups that
may be established from time to time, community outreach and engagement, and liaison with
senior levels of government and other stakeholders;
Share relevant data and information necessary for the successful operation of the Association
and any of the initiatives that it undertakes (subject to privacy legislation);
Implement and follow the directions, actions, standard terms, policies and procedures that may
be established by the Association1.
4.0 ASSOCIATION GOVERNANCE
Members of the Association will identify a representative that sits on both an Executive Committee and
a Technical Committee.
4.1 Executive Committee
The Association will be governed by an Executive Committee made up of a single senior level
representative selected by each Member that has signing authority from each respective Member.
1 Decisions made by Association will have status for actions that advance the “Mandate” of the Association for
inter-community public transit and that do not require additional funding commitment from an individual Member
municipality(s) or Member Organization(s). Decisions that that impact transit services entirely within the
jurisdiction of one municipality or that require additional funding from Members would continue to require
approval at individual Municipal Member councils and Organizational Boards.
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4.1.1 Guiding Principles
The Executive Committee will be guided by the following set of principles:
Customer-focused;
Integrated/seamless service throughout the area served by the Members;
Respect existing local decision-making authority, collective agreements, service plans and fiscal
circumstances;
Fiscal responsibility;
Openness to unconventional and leading edge approaches to customer service, management,
and service delivery; and
Long-term sustainable operation of inter-community public transportation services within and
between each Member community.
4.1.2 Responsibilities
The Executive Committee is responsible for:
Deciding and prioritizing what directions, activities and actions the Association wishes to
undertake;
Establishing and maintaining standard operating terms, policies and procedures as required;
Establishing and maintaining the SCT brand, including logo, brand value statement, and brand
and logo usage guidelines;
Overseeing the SCT Technical Committee and any other committees or working groups that may
be established from time to time;
Overseeing the coordination of SCT marketing and communication activities;
Overseeing government relations and advocacy to senior levels of government as it relates to
inter-community public transportation;
Acting as a unified voice for public transportation for the Members;
Coordinating the preparation of any necessary agreements required between two or more
Members for the implementation of any initiatives that the Association or a group of its
members may wish to undertake;
Reviewing requests to add new municipal or organization members into the Association from
time to time, that meet the requirements of Membership by amending the MOU;
Amending the MOU from time to time to improve the operations of the Association or to better
fulfil the Mandate; and
Preparing a report for Association Members each calendar year (see Section 8.0).
4.1.3 Meetings
The Executive Committee will meet as required, but at a minimum of four times per calendar year.
Meetings can be in person or virtual as appropriate, however, a full in person meeting should be held at
least once per calendar year.
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4.1.4 Chair and Vice Chair
A member from the South Central Ontario Region Economic Development Corporation (SCOR EDC) will
serve as Chair of the Executive Committee. The Chair will be selected by the Executive Committee by
vote from a list of candidates identified by the SCOR EDC Board.
The Chair is a non-voting Member of the Executive Committee that brings a broader and strategic
perspective to setting the agenda. The Chair will also act as a neutral third-party that is not tied to the
interests of one individual Member municipality. SCOR EDC represents the broader regional interest
and has a long history of bringing together a number of municipalities to increase the profile of inter-
community transportation in southwest Ontario.
The Chair will have the following responsibilities:
Set the agenda and chair meetings of the Executive Committee;
Ensure all actions taken by the Executive Committee feed into the broader SCT Mandate;
Provide dispute resolution that may occur between Members;
Lead the periodic review of the MOU; and
Prepare an Annual Report of the activities and outcomes of the Association.
A Vice Chair of the Executive Committee will be selected by vote from among the SCOR EDC Board or a
voting Member of the Executive Committee. The role of the Vice Chair will be to support the Chair and
act on the Chair’s behalf when the Chair is not available. The Vice Chair will not have voting rights when
he/she is acting in the capacity of the Chair.
The Chair and the Vice Chair shall be selected by the Executive Committee annually, with no individual
servicing more than three consecutive terms.
4.1.5 Decision Making and Voting Rights
Decisions of the Executive Committee are to be reached through unanimous consensus of the Members
by vote. Decisions made by the Executive Committee will have status in the Association for actions that
advance the “Mandate” of the Association for inter-community transit and that do not require an
additional funding commitment from an individual Member. Decisions that impact transit services
entirely within the jurisdiction of one municipality or that require additional funding from Members may
require approval at individual Municipal Member councils and Organizational Boards.
Notwithstanding the above, decisions by the Executive Committee are non-binding and Member
Councils will continue to have the decision-making authority to accept or reject the advice of the SCT
Executive Committee.
Members of the Executive Committee will each receive one (1) vote for decisions passed by the
Executive Committee. Members may, from time to time, send more than one representative to an
Executive Committee meeting, recognizing that only one (1) representative from each Member will have
voting rights.
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If more than one representative from a Member participates on the Executive Committee, only will of
the representatives from that Member will receive voting rights.
4.2 Technical Committee
The Executive Committee will be supported by a Technical Committee. Each Member will appoint one
person to the Technical Committee. This person will be the individual generally responsible for the day-
to-day operation and delivery of the inter-community public transportation service for each Member.
The Technical Committee representative can also be the Member representative on the Executive
Committee. This will be at the discretion of each Member.
4.2.1 Responsibilities
The Technical Committee is responsible for:
Implementing the directions, activities, actions, operating terms, policies and procedures
established by the Executive Committee;
Coordinating the day-to-day activities of SCT;
Addressing various topics and issues as they arise; and
Identifying a Chair and Vice Chair of the Technical Committee to lead discussions and report
back to the Executive Committee at each of the quarterly meetings or as required.
4.2.2 Meetings
The Technical Committee will meet as required, but at a minimum of four times per calendar year.
Meetings can be in person or virtual as appropriate, however, a full in person meeting should be held at
least twice per calendar year.
4.2.3 Chair and Vice Chair
A Chair and Vice Chair of the Technical Committee will be selected from among the Committee’s
members annually. Meeting notes will be taken by the host of the meeting (the Member initiating the
virtual meeting arrangements or hosting the physical meeting).
4.2.4 Decision Making and Voting
If at all possible, decisions of the Technical Committee are to be reached through consensus of the
Members. If this cannot be obtained, then a vote of Members will occur, with a simple majority being
required for a decision. Meeting quorum will be a simple majority of the Members.
4.3 Stakeholder Group
The Executive Committee or Technical Committee are able to invite Stakeholders to participate in
meetings held by either the Executive Committee or the Technical Committee from time-to-time that
have expressed a vested interest in advancing the “Mandate” of the Association, but are not Members
of the Association.
Stakeholders can include:
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Municipalities that are serviced by a Member inter-community transit system, but do not
operate or contribute funding or significant in-kind services to inter-community public
transportation;
Private businesses, not-for-profit organizations or associations who have employees, customers
or clients that would benefit from improvements to inter-community public transportation
provided by a Member(s) of the Association; and/or
Industry associations that represent the broader public interest and can leverage its networks to
promote the “Mandate” of the Association (e.g. representing the public transportation industry
or rural municipal needs).
Stakeholders that participate in meetings held by the Executive or the Technical Committee will be
expected to:
Provide input to the Technical Committee when developing or implementing directions,
activities, actions, operating terms, policies and procedures established by the Executive
Committee;
Provide feedback and participate in Executive Committee discussion when requested; and/or
Contribute to the advancement of the “Mandate” of the Association.
Members of the Stakeholder Group will not have voting rights on the Association.
Annual Membership fees do not apply to Stakeholders.
5.0 OPERATIONS OF THE ASSOCIATION
The Operation of the Association will be led by the South Central Ontario Region Economic Development
Corporation (SCOR EDC). SCOR EDC will be responsible to:
Provide administrative functions to the Executive Committee regarding the on-going operation
of the Association. This includes but is not limited to:
o organizing and providing a suitable meeting space or arranging on-line alternatives;
o taking and distributing minutes during Executive Committee meetings;
o addressing amendments to the MOU;
o addressing requests from Members to leave the Association or new municipalities or
organizations to join the Association;
Identifying candidate from the Board that will be selected by vote to Chair the Executive
Committee;
Prepare an Annual Report of the activities and outcomes of the Association;
Write grants or other funding applications as directed by the Executive Committee that would
benefit inter-community public transportation of Members of the Association;
Provide dispute resolution that may occur between Members; and
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Lead the periodic review of the MOU.
The Chair of the Executive Committee will, from time to time, be able call on other Members of the
Executive Committee to assist in carrying out the above noted responsibilities using in-kind resources
from each Member municipality.
6.0 MEMBER FEES
Each Member of the Association will agree to pay annual fees, which will used to fund the Operations of
the Association as noted in Section 5.0.
Members that are also members in good standing of SCOR EDC will have their annual fees for SCT
covered by their SCOR EDC membership.
All other Members that are not members in good standing of SCOR EDC will pay annual fees of $2,000.
Membership fee will be reviewed from time to time by the Executive Committee.
Annual fees are due on the 1st of January each year, and will be in place for one full year. For members
of SCOR EDC, Members must be in good standing of SCOR EDC for the duration of the MOU. A pro-
rated Members fee will be determined upon the ratification of this MOU, or for Members that join
during other times of the year.
Annual fees for subsequent years will be due to SCOR EDC 14 days prior to the annual Membership
coming due. Fees not paid in full within the agreed to timeline may result in suspension or termination
from the Association, as determined by the Executive Committee by vote.
7.0 ASSOCIATION RESPONSIBILITIES
The Members will work, through the Association, to address the following responsibilities:
Brand: Maintain the SCT name, brand and logo, including a brand value statement, and brand
and logo usage guidelines. The logo for SCT is identified in Schedule A of this document. Apply
the brand and logo in all relevant contexts according to the usage guidelines – this includes on
fleet, bus stops, web-based and other electronic materials, and printed materials.
Marketing and Communications: Support Member transit services by developing
communications, marketing and promotional activities that promote inter-community transit
services and generate awareness to potential customers.
Website: Develop and maintain an SCT website which provides links to all Member inter-
community transit services and direct information on the Association mandate and activities
relevant to the public or other stakeholders.
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Bus Stop Identification: Utilize a bus stop identification design template as identified in
Schedule B of this document for all fixed-route inter-community public transportation services.
The template allows for Members to add their own personalized local information, but in a
consistent format the respects the SCT brand.
Fare Structure and Policy: Adopt policies that support passenger convenience for transfers
between Member systems. In doing so, the Member public transportation service that takes the
initial fare will keep the revenue. Work towards a similar fare structure and policy for topics
such as age categories and other concessionary fares. Work towards identifying a fare media
strategy, including the potential for a smart card and/or mobile payment approach that is
compatible with neighbouring transportation systems that have connecting services, and with as
many Member systems as possible.
Planning and Scheduling: Identify and validate inter-community travel patterns. Work towards
schedules that accommodate seamless transfers between connecting Member systems.
Develop consistent approach for implementing the General Transit Feed Specification (GTFS)
data to allow customers to readily plan trips between two or more systems;
Accessibility: Develop common practices and policies for accessible bus stops, training, access,
and other accessibility topics;
Technology: Work together to utilize technology that is either used by all Members or can
integrate with Member systems, with the objective of planning a seamless customer experience
across systems, and identifying opportunities to minimize one-time capital and/or ongoing
operating costs through collective purchasing. Consider and prioritize technology approaches for
trip planning, mobile payment, real-time passenger information, on-demand transit planning
and operations software, and communications.
Fleet: Work together to identify opportunities to standardize fleet where it improves the
customer experience (e.g. ability to accommodate mobility devices) and/or reduces capital costs
for Member municipalities that purchase vehicles or specify vehicles as part of an operating
contract;
Standard Operating Terms/Policies and Procedures: Identify opportunities to develop Standard
Operating Terms/Policies and Procedures for SCT that benefits the customer experience, safety
practices, and/or the efficiency and effectiveness of service delivery.
Service Standards: Work together to identify to develop a common service standards document
to guide service delivery and measure performance through a series of Key Performance
Indicators.
Advocacy: Work together to present common issues and concerns to senior levels of
government and other key stakeholders in order to sustainably facilitate the success,
coordination, and extension of Southwestern Ontario Community Transportation Grant Program
projects into the future (i.e. Ontario Gas Tax funding, continued grant funding, etc.). Support
and contribute to the efforts of the Ontario Public Transportation Association (OPTA).
First Mile-Last Mile Integration: Develop strategies and supporting policies / programs to
facilitate local ‘first-mile/last-mile’ opportunities to enhance inter-community connectivity and
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feeder services to Member inter-community transit services and passenger rail corridors, while
improving local mobility.
8.0 ANNUAL REPORTING
An Annual Report will be prepared by the Chair of the Executive Committee, with input from the
Technical Committee. The Annual Report shall include:
1. Current status of Membership.
2. Goals and Key Performance Indicators established by the Executive Committee at the
beginning of each fiscal year.
3. Report on accomplishments, actions achieved and next steps.
Annual Reports will be presented to the Executive Committee by the Chair, which will be provided to
each Member to distribute and/or present to their respective Councils or Boards for information.
9.0 SIGNATORIES
This Agreement may be executed by the parties hereto in separate counterparts, each of which so
executed shall be deemed to be an original. Such counterparts together shall constitute one and the
same instrument and, notwithstanding the date of execution, shall be deemed to bear the effective date
set out at the top of page one (1) of this Agreement.
Each of the parties who signs the signature page of this Agreement does hereby warrant that it has read,
reviewed, fully understands, and is agreeable to be bound by the content of each page of this
Agreement and that this Agreement is enforceable in application to the endorsing party.
Delivery of an executed copy of a signature page to this Agreement scanned in pdf. form and provided
by e-mail or provided by facsimile transmission shall be deemed to be effective delivery of an original
executed copy of this Agreement, and each party hereto undertakes to provide each other party with a
copy of the Agreement bearing original signatures forthwith upon demand.
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IN WITNESS WHEREOF this Memorandum of Understanding has been executed by the Town of
Tillsonburg hereto on the date(s) set out below and the Town of TIllsonburg agrees that this
Memorandum of Understanding shall be effective on the date set out at the top of page one (1) of this
Memorandum of Understanding.
Town of Tillsonburg
Date: June 22, 2020
Per:
Stephen Molnar
Mayor
Per:
Michelle Smibert
Town Clerk
*We have authority to bind the Corporation
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SCHEDULE A: SCT LOGO
Members will agree to use the brand “SCT” to represent the Association and the following logo and
colour pallet.
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10.0 SCHEDULE B: SCT BUS STOP DESIGN
Municipal Members will agree to use the following bus stop design at inter-community stops that
connect one or more Member transit service. A decision for a Member to deviate from this sign can be
approved by the Executive Committee.
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The Corporation of the Town of Tillsonburg
COVID-19 Task Force Meeting
June 3, 2020
9:00 a.m.
Electronic Meeting
MINUTES
Present: Councillor Gilvesy, Councillor Rosehart, Abbie Boesterd, Larry Scanlan, Joe
McGuire, Karen Devolin, Roxanne MacMillan, Merley Wheaton (joined at 9:32 a.m.)
Staff: Michelle Smibert, Clerk; Colleen Pepper, Marketing & Communications Officer;
Laura Pickersgill, Legislative Services Coordinator; Julie Dawley, Aquatics Supervisor;
Rick Cox, Director of Recreation, Culture & Parks; Melanie Corbett, Recreation and
Programs Coordinator; Cephas Panschow, Development Commissioner; Andrea
Brown, Recreation and Program Services Manager
Regrets: Emma Dew, Deputy Mayor Beres
1. Roll Call
2. Call to Order
The meeting was called to order at 9:02 a.m.
3. Adoption of Agenda
Resolution #1
Moved by: Karen Devolin
Seconded by: Abbie Boesterd
THAT the Agenda as prepared for the COVID-19 Task Force meeting of June 3,
2020, be adopted.
Carried
4. Adoption of Previous Minutes
Resolution #2
Moved by: Joe McGuire
Seconded by: Larry Scanlan
THAT the Minutes as prepared for the COVID-19 Task Force meeting of May 20,
2020, be adopted.
Carried
5. Disclosures of Pecuniary Interest and the General Nature Thereof
None
Page 275 of 327
6. General Business & Reports
6.1 PPE- non-surgical masks and sanitizer
Cephas Panschow provided a summary of information regarding the availability of
non-surgical masks from a local supplier, named Kevin McCotter. Mr. McCotter is
reaching out to municipalities to see if they are interested in procuring these masks
to sell on consignment to local businesses. Mr. McCotter started this campaign in
April and has had more than 80,000 masks donated to frontline workers. It was
noted that area municipalities Chambers of Commerce are purchasing these masks
and reselling them to their businesses at cost. There is 3000 masks available for the
Town at a cost of $12 for a 10 pack. Larry Scanlan indicated that the Police Services
Board would likely be interested in this initiative. It was discussed that the price of
non-surgical masks has greatly increased since the pandemic began. The
Committee recommended that staff work with the BIA on this initiative.
Cephas Panschow left the meeting at 9:12 a.m.
6.2 Communications
The Committee encouraged staff to share more information related to ensuring
physical distancing is maintained, promotion of kindness and goodwill and that
masks are now mandatory to be worn to enter the Tillsonburg Hospital.
6.3 Recreational activities for youth/children
Julie Dawley provided an overview of the information included in the agenda for
virtual recreational ideas and plans. It was noted that staff are continuing to attend
webinars to see what other communities are doing to engage their population. It
was suggested the recreation staff develop their own Town recreation Facebook
page to start using rather than solely using Instagram to accommodate a greater
demographic. The members agreed to the idea of staff sending out a survey to the
public to gauge the public’s feelings on needs for recreation, child care, and if they
would be comfortable coming back into a public facility or not.
Staff noted that they are investigating every way possible to be able to operate a
safe and fun summer day camp for children. There was concerned noted that many
people will be returning to work and will require care for their children. Staff noted
concerns with being able to keep children apart at the camps and that there would
be a very limited number of children allowed per leader which may not be feasible. It
was noted that additional summer students would need to be hired to operate a full
camp program. Staff indicated that the Town had applied for the summer student
grant and was unsuccessful in retrieving the funding, similarly to previous years
before.
Joe McGuire indicated that the Station Arts Centre will not be able to proceed with
running a full camp program as per usual as there are not any Federal grants
available at this time. Station Arts Centre staff are reviewing the possibility of having
a reduced number of days with a camp.
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It was discussed that the Ministry of Health has released a guidance document to be
followed with regards to day camps. Staff indicated that there is concern with liability
and that this would be unaffordable at our current rates.
Recreation staff will continue investigating ways to develop virtual programming that
allows participants to be physically active. Staff are awaiting changes from the
Province to be able to offer in person swimming or exercise lessons even if it is a
private group.
Staff will circulate a survey and provide feedback to the Committee at a future
meeting. The Stations Arts Centre has asked to be included on receiving the results
of this survey.
It was suggested that there be many sanitation stations available when the
community centre re-opens.
Members have requested that the Town recognize recent graduates on our social
media platforms.
Julie Dawley, Rick Cox, Melanie Corbett and Andrea Brown left the meeting at 9:49
a.m.
6.3 Testing Activity Update
It was noted that the public can get tested by appointment at the Tillsonburg Testing
Centre located at 17 Bear Street on weekdays.
It was discussed that antibody testing is not yet available to the general public but
that it is anticipated to be available in the future.
6.4 Self-care activities
Abbie Boesterd will retrieve statistics regarding local mental health outreach from
before the pandemic began compared to the current state. The government
announced that there will be more free treatment available. CMHA Oxford is still
offering support, live chats and virtual education.
Members would like to see greater promotion of self-care ideas and information on
available counselling services.
6.5 Pop-up patio discussion
The Committee had a discussion on pop-up patios and passed the following
resolution:
Resolution #3
Moved by: Joe McGuire
Seconded by: Karen Devolin
Page 277 of 327
THAT the COVID-19 Task Force supports the concept of pop-up patios in all
restaurants within the entire boundary of the Town of Tillsonburg where feasible.
Carried
7. Round Table
Joe McGuire left the meeting at 10:03 a.m.
The Tillsonburg Library is open for curbside pickup. This process involves users to
walk up to the main library door or have books delivered to them in their car in the
parking lot. Some home deliveries are being made as well. Library staff is trying to
resolve concerns for the public who rely on the library for computer access. Curbside
pickup at smaller branches will become available in the coming weeks.
Larry Scanlan noted that the two metre physical distancing rule does not apply to
essential services with regards to penalties. This law only applies to those services
recently allowed to re-open.
Staff are investigating areas for cooling stations and increasing access to public
washrooms.
8. Next Meeting
June 17, 2020 at 9:00 a.m.
9. Adjournment
Resolution #4
Moved by: Karen Devolin
Seconded by: Abbie Boesterd
THAT the June 3, 2020 COVID-19 Task Force meeting be adjourned at 10:11 a.m.
Carried
Page 278 of 327
The Corporation of the Town of Tillsonburg
Economic Development Advisory Committee Meeting
June 9, 2020
7:30 a.m.
Electronic Meeting
MINUTES
Present: Jesse Goossens, Andrew Burns, Collette Takacs, Lisa Gilvesy, Randy
Thornton, Jeff VanRybroeck, Councillor Deb Gilvesy, Cedric Tomico, Steve Spanjers,
Mayor Molnar, Suzanne Renken
Regrets: Lindsay Morgan-Jacko and Kirby Heckford
Staff: Kyle Pratt, CAO; Cephas Panschow, Development Commissioner; Laura
Pickersgill, Legislative Services Coordinator
1. Roll Call
2. Call to Order
The meeting was called to order at 7:34 a.m.
3. Adoption of Agenda
Resolution #1
Moved by: Cedric Tomico
Seconded by: Collette Takacs
THAT the Agenda as prepared for the Economic Development Advisory Committee
meeting of June 9, 2020, be adopted.
Carried
4. Adoption of Previous Minutes
Resolution #2
Moved by: Lisa Gilvesy
Seconded by: Andrew Burns
THAT the Minutes as prepared for the Economic Development Advisory Committee
meeting of April 14, 2020, be adopted.
Carried
5. Disclosures of Pecuniary Interest and the General Nature Thereof
Deb Gilvesy declared a pecuniary interest with item 6.3 due to a family member that
would receive financial gain from this transaction.
6. General Business & Reports
6.1 Monthly Projects Update
Page 279 of 327
Cephas Panschow provided an overview of the Monthly Project Update for June
2020. The development of a vacant space marketing program will be initiated
coming out of the pandemic. It was noted that advice had been received that if an
industrial property is not listed through a brokerage then it may not get included in
many Requests for Information handled design/build companies. A survey for both
commercial realtors and construction industry representatives has been developed
with review by this committee’s legal/real estate members, and will be distributed to
investigate this further with the goal of ensuring the Town’s industrial land
information is getting included.
The Van Norman Innovation Park Environmental Compliance Application was
submitted in the spring with a requested response due by mid-June. The tenders are
in progress for release. Staff had met with some potential investors for the property.
Staff will be aware of any opportunities that this Committee can help move this
initiative forward during meetings with parties involved later this week.
6.2 Mayor’s COVID Business Recovery Working Group- Update on Actions
6.2.1 COVID-19 Business Impact Survey 2.0 Results Summary
An update was provided on the great effort this working group has achieved thus far.
Members reviewed the results of the survey. It was noted that this group has had
input into the financial programs being developed through Community Futures
Oxford such as the Oxford Economic Stimulus Fund. It was estimated that five or
six Tillsonburg companies have applied for the Oxford Economic Stimulus Funding
program.
The Chamber hosted a webinar that featured Premier Ford and Minister Fedeli
regarding discussions on reducing red tape and backlogging of issues were noted at
the municipal level. It was suggested that other areas of the Corporation could
review backlog and ‘red tape’ areas at a local level to help move initiatives through
faster and more efficiently. It was recommended that it is important for Town staff
and Council members to acknowledge receipt of a message to an inquirer to let
them know their question or concern has been noted and a response will be
provided in due course. Laura will circulate the document from the province
regarding the re-opening into phase 2.
Oxford County CAO’s have met to discuss the Oxford County Joint Service Delivery
Review done in April. A report will be brought to Council on June 11 that outlines
efficiencies and recommendations. It was suggested that this material won’t change
the budget for 2020 but may have budget implications for 2021. Laura will circulate
this report to the group.
It was noted that only 8.4% of businesses indicated on the survey a re-opening
without some kind of change implemented. Members were reminded that these
businesses may re-open but should remain diligent on whether they can survive or
not in the long-term.
Page 280 of 327
6.2.2 Webinar Series Update (Getting on the Road to Recovery)
The webinar series have been well attended and well received.
Deb Gilvesy left the meeting at 8:06 a.m.
6.3 Future Industrial Lands Update
Resolution #3
Moved by: Andrew Burns
Seconded by: Randy Thornton
THAT the Economic Development Advisory Committee move into Closed
Session to consider:
-a proposed or pending acquisition or disposition of land by the Town;
Carried
Deb Gilvesy re-joined the meeting at 8:30 a.m.
6.4 Economic Development Strategy Update
Staff proposed the question to the Committee if they felt it would be beneficial to
have a shorter term solution as recovery from the pandemic included in the
Economic Development Strategy Update or would it be better to focus on a long-
term strategy. Members suggested that both short term recovery solutions and a
long-term plan should be included in the update. It was suggested that the short
term goals be focused on business retention and recovery.
Laura will circulate the current Economic Development Strategy to the
Committee. It was suggested that sub-committees be developed to lead various
components of the public consultation, i.e. industrial land opportunities,
downtown revitalization, etc. It was noted that the industrial focused group
should include representation with an engineering background and that the
downtown core group should include a representative from the BIA. Staff
indicated that the consultation process involved with any level of this committee
will be built into the consultation process of the strategy update. Staff will bring
this item forward on the next agenda. There were no concerns noted with staff
keeping more weight around pandemic recovery but also keeping in mind the
long term goals while working through this process.
6.5 Tillsonburg Hydro Inc.
6.5.1 Hydro Subcommittee Update – Presentation to THI Board on May 26
Laura will provide this presentation to Committee members for information
following the meeting.
Hydro subcommittee members provided an overview of their presentation
to the THI Board. It was noted that it was difficult to determine actual
installation costs for all comparator municipalities in their data comparison
but that the numbers for St. Thomas were factual. It was suggested that
the Tillsonburg hydro figures may be represented much higher because
Page 281 of 327
the data includes: amortization, appreciation and interest expenses while
the other data may not include such and the model of the cost split
between the utility and the developer.
The Subcommittee has asked THI for a response and will provide an
update back to this Committee once a response is received. The
subcommittee has asked for a potential meeting with the Minister of
Energy. The Subcommittee also noted concerns with reports of poor
communications from THI. They have requested to review their customer
service model for suggestions on improvement.
Discussion was held regarding a report written by interim CAO, Ron
Shaw, outlining that the economic evaluation model used by THI is not
mandatory by the OEB but rather is preferred. It was noted that the report
dictates that if THI were to move back to a 50/50 cost split then the cost
would increase to the ratepayer to upkeep the cash flow.
Members were encouraged to bring any suggestions they have forward to
the committee for discussion to potentially be forwarded to Town Council
for discussion on overall hydro costs in Tillsonburg. This topic will be
discussed further at the next meeting.
The Subcommittee will attempt to validate the St Thomas numbers
obtained with more details. It was suggested that multiple developments
and their associated costs need to be reviewed to get an average cost
since every development is a bit different. Members noted concerns with
what the actual cost savings are to the ratepayer by moving to the 90/10
model.
The THI AGM is typically held at the end of June.
Collette left the meeting at 8:50 a.m.
6.6 Town Hall Task Force
A draft report to go to Council is currently being developed.
6.7 Community Strategic Plan
There is a draft RFP available for Council’s consideration and the timing of when
this report will go to Council is undetermined at this time.
7. Community Organization Updates
7.1 Downtown Business Improvement Association
Cedric Tomico noted that there were a few applicants in May for the Commercial
Rent Relief Program offered through the BIA. Some businesses have reached out
regarding the use of funds for façade requests as the funding was initially used for
the façade improvement program.
Page 282 of 327
The planter program was launched on a smaller scale and information is to be
provided to make the public aware that these planters were donated to the BIA.
The Town has entered into a new Memorandum of Understanding for one year in
2020 that will include BIA assistance in the downtown core with, street cleaning,
garbage removal, watering of plants and tree maintenance.
The sign by-law was temporarily amended to allow businesses to post banners and
advertising signs during the recovery phase of the pandemic.
A report regarding pop-up patios is being discussed at the June 11th Council
meeting.
7.2 Tillsonburg District Chamber of Commerce
There will be a board meeting held on June 10th.
A date has not been rescheduled for the Awards of Excellence at this time.
The TDCC open golf tournament was scheduled for June but will have to be
amended. Staff are in contact with the Bridges Golf Course to discuss alternative
options.
The TDCC has been an advocate regarding improvements to the CECRA program.
Area chambers have been working together to reduce red tape to allow businesses
to get extended patio liquor licenses this year.
The Chamber is planning to apply for the $25,000 Oxford Economic Stimulus Fund.
7.3 Tillsonburg District Real Estate Board
7.3.1 April 2020
It was noted that the real estate industry is doing well despite the poor projections
from the CMHC.
8. Round Table
There has been a temporary ban put on commercial rent evictions.
The Former TRW property (101 Spruce Street) has now been sold to a cannabis
manufacturer.
9. Next Meeting
Tuesday, July 14 at 7:30 a.m.
10. Adjournment
Resolution #3
Moved by: Deb Gilvesy
Seconded by: Randy Thornton
Page 283 of 327
THAT the June 9, 2020 Economic Development Advisory Committee meeting be
adjourned at 9:37 a.m.
Carried
Page 284 of 327
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to authorize an Agreement between Her Majesty the Queen in right of
the Province of Ontario, as represented by the Minister of Economic
Development, Job Creation and Trade and the Corporation of the Town of
Tillsonburg, for the purpose of receiving funds from the Southwestern Ontario
Development Fund program (“SWODF”).
WHEREAS The Town of Tillsonburg is desirous of entering into an Agreement with Her
Majesty the Queen in right of the Province of Ontario, as represented by the Minister of
Economic Development, Job Creation and Trade, for the purpose of receiving funds
from the Southwestern Ontario Development Fund program (“SWODF”).
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the agreement attached hereto as Schedule "A" forms part of this By-Law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
agreement marked as Schedule "A" on behalf of the Corporation of the Town of
Tillsonburg;
3. AND THAT this By-Law shall come into full force and take effect after the final
passing hereof.
READ A FIRST AND SECOND TIME THIS 22nd day of JUNE, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 22nd day of JUNE, 2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
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1
CONFIDENTIAL – FOR INFORMATION PURPOSES ONLY
Indicative SWODF Conditional Grant Agreement
This Indicative SWODF Conditional Grant Agreement is for information purposes only and creates no obliga-
tions on the part of Ontario. The provisions set out herein are typical of those in a SWODF Conditional Grant
Agreement; however, these provisions are generic and are not intended to be complete. Depending on each
individual transaction, the results of financial, legal and technical due diligence and the conditions of the
approval, the terms that may be presented in an agreement may be altered, in some cases in material re-
spects, from what has been set out in this Indicative Conditional Grant Agreement.
CONDITIONAL GRANT AGREEMENT
THIS AGREEMENT is effective , 202 (the “Effective Date”). [NTD: “The Project Start Date
(as defined below, used as the start date for Eligible Project Expenditures, Project In-
vestment Commitment and Jobs) will be April 16, 2020 as long as the Recipient agrees to
the terms of the Conditional Grant Agreement by June 29, 2020, otherwise the Project
Start Date will be the date the Recipient agrees to the terms.]
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented
by the Minister of Economic Development, Job Creation and Trade
(hereinafter referred to as “Ontario”)
-AND-
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter referred to as the “Recipient”)
RECITALS:
1. The Recipient intends to implement the Project, as defined below. The Project will lead
to long term economic benefits to the Province of Ontario through investment, job creation
and/or job retention related to the Project.
2. Pursuant to the Attracting Investment and Creating Jobs Act, 2012 (Ontario), Ontario is
continuing the Southwestern Ontario Development Fund program (“SWODF”) to assist region-
al/municipal/sectoral organizations in Ontario to support business investment and economic
development in key sectors in Ontario.
3. Ontario has agreed to provide a Grant to the Recipient on the terms more particularly
described in this Agreement in order to assist the Recipient with the financing of the Project and
the delivery of economic benefits to the community.
Page 286 of 327
2
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual prom-
ises and covenants contained in this Agreement, and other good and valuable consideration,
the receipt and sufficiency of which is expressly acknowledged by the parties, Ontario and the
Recipient agree as follows:
ARTICLE 1 - INTERPRETATION
1.1 Definitions. The following terms shall have the meanings ascribed to them below unless
there is something in the context inconsistent therewith:
“Actual Investment” means the dollar amount of the actual and verifiable expenditures
made by the Recipient on account of the Project Investment Commitment as at the date
such calculation is to be made.
“Agreement” means this agreement, including all of the Schedules hereto, and all
amendments made hereto in accordance with the provisions hereof.
“Amount Incurred” has the meaning set out in section 5.2(a)(i).
“Annual Cap” means the maximum financial obligation payable by Ontario in each Fis-
cal Year set out in section 5.1.
“Applicable Laws” means any law, statute, by-law, ordinance, decree, requirement, di-
rective, order, judgment, license, permit, code or regulation having the force of law, and
any applicable determination, interpretation, ruling, order or decree, of any governmental
authority or arbitrator, which is legally binding at such time.
“Arm’s Length” has the meaning attributed thereto for the purposes of the Income Tax
Act (Canada) and “Non-Arm’s Length” shall have the opposite meaning.
“Business Plan” means the business plan prepared by the Recipient and approved by
Ontario on January 21, 2020 and supporting material submitted to Ontario in support of
a request for the Grant.
“Carry Forward Amount” has the meaning set out in section 5.2(c).
“CPA Canada” means the Chartered Professional Accountants of Canada and any suc-
cessor institute.
“Deemed Abandonment” means the failure to complete the Project on or before the
Project Completion Date in the opinion of Ontario, acting reasonably.
“Disbursement” means any payment of funds by Ontario to the Recipient on account of
the Grant and includes the Performance Payment.
“Effective Date” means the date first set out herein.
“Eligible Project Expenditures” means the dollar amount of the actual and verifiable
expenditures made by the Recipient on account of the Eligible Project Expenditures
Categories incurred and paid from the Project Start Date up to and including the Project
Completion Date, or such other date as required under the Agreement.
Page 287 of 327
3
“Eligible Project Expenditures Categories” means the categories of eligible expendi-
tures related to the Project set out in Schedule “B”.
“Eligible Project Expenditures Table” means the Eligible Project Expenditures table
substantially in the form contained in Schedule “C”.
“Event of Default” means the occurrence of any one or more of the events listed in
section 10.1.
“Final Certificate and Report” means a final certificate substantially in the form of
Schedule “F”, including all required attachments.
“Financial Statements” means the annual financial statements consisting of a state-
ment of income, balance sheet, and statement of cash flow for a Fiscal Year, together
with the notes thereto, all prepared in accordance with GAAP.
“Fiscal Year” means any of Fiscal Year 1, Fiscal Year 2 or Fiscal Year 3 (and “Fiscal
Years” means more than one of them), where:
“Fiscal Year 1” means the period from the Project Start Date to and including De-
cember 31, 2020;
“Fiscal Year 2” means the period from January 1, 2021 to and including December
31, 2021; and
“Fiscal Year 3” means the period from January 1, 2022 to and including December
31, 2022.
“Force Majeure” has the meaning set out in section 11.13.
“GAAP” means Canadian generally accepted accounting principles as adopted by CPA
Canada applicable as at the date on which such calculation is made or required to be
made in accordance with generally accepted accounting principles and includes Interna-
tional Financial Reporting Standards to the extent the same is adopted by CPA Canada
and is in effect on the relevant date.
“Government Assistance” has the meaning set out in section 2.4(a).
“Grant” means a conditional grant in the total amount of up to $1,205,000, as such
amount may be reduced in accordance with section 5.2.
“Hazardous Substance” means any pollutant, contaminant or substance that when re-
leased to the natural environment is likely to cause, at some immediate or future time,
material harm or degradation to the natural environment or a material risk to human
health and without restricting the generality of the foregoing, Hazardous Substance in-
cludes any pollutant, contaminant, waste, hazardous waste or dangerous good as
defined by Applicable Laws for the protection of the natural environment or human
health.
“HST” means tax imposed under Part IX of the Excise Tax Act (Canada) and any similar
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4
value-added or multi-staged tax imposed by any jurisdiction.
“Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her Ministers,
agents, appointees and employees.
“Independent Auditor’s Report” means the independent auditor’s report substantially
in the form of Schedule “F-1”.
“Intellectual Property” means any intellectual, industrial or other proprietary right of
any type in any form protected or protectable under the laws of Canada, any foreign
country, or any political subdivision of any country, including, without limitation, any intel-
lectual, industrial or proprietary rights protected or protectable by legislation, by common
law or at equity.
‘‘Investment Target Clawback” has the meaning set out in section 4.1.
“IP Rights” has the meaning set out in section 7.1(o)(i).
“Material Adverse Effect” means a material adverse effect on the business, assets, op-
erations or financial condition of the Recipient.
“Ontario Support” means the actual amount of monies advanced by Ontario to the Re-
cipient on account of the Grant.
“Performance Payment” means the final Disbursement, if any, calculated in accord-
ance with section 5.3.
“Person” includes an individual, partnership, whether general, limited or undeclared,
corporation, limited liability company, unlimited liability company, joint stock company,
trust, unincorporated association, joint venture, governmental authority or other entity of
whatever nature.
“Post-Project Fiscal Year” means any of Post-Project Fiscal Year 4, Post-Project Fis-
cal Year 5, or Post-Project Fiscal Year 6, where:
“Post-Project Fiscal Year 4” means the period from January 1, 2023 to and includ-
ing December 31, 2023;
“Post-Project Fiscal Year 5” means the period from January 1, 2024 to and includ-
ing December 31, 2024; and
“Post-Project Fiscal Year 6” means the period from January 1, 2025 to and includ-
ing December 31, 2025.
“Project” has the meaning set out in summary in Schedule “A” and in greater detail in
Schedule “A-1”.
“Project Completion Date” means December 31, 2022.
“Project Financing” means the financing for the Project as more particularly set out in
Schedule “A-1”.
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“Project Investment Commitment” means the minimum expenditures of $2,410,000
on account of Eligible Project Expenditures.
“Project Investment Commitment Budget” means the Project investment commitment
budget set out in Schedule “B-1”.
“Project Start Date” means April 16, 2020.
“Project Status Report” means the report substantially in the form of Schedule “C”.
“Project Site” means the project site located at 3001 Highway 3, Tillsonburg, ON N4G
5A7 and legally described as Part of Lots 1 and 2, Concession 5 North of Talbot Road,
Geographic Township of Middleton, Town of Tillsonburg, County of Oxford, and more
particularly described as Parts 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Plan 41R-8326 and
Parcel Identification Numbers 000380020, 000380157, 000380023, 000380024,
000380022.
“Provincial Stacking Exceptions” has the meaning set out in section 2.4(a).
“Related Parties” includes any member, director, officer or employee of the Recipient
or any individual related by blood, adoption or marriage to any such person or any other
Person not dealing at Arm’s Length with any such person.
“Request for Disbursement” means the senior officer’s certificate substantially in the
form of Schedule “E”.
“Term” means the term of the Agreement which shall commence on the Effective Date
and shall expire on July 31, 2023, unless terminated earlier in accordance with the pro-
visions of the Agreement.
1.2 Currency. Any reference to currency is to Canadian currency and any amount advanced,
paid or calculated is to be advanced, paid or calculated in Canadian currency.
1.3 Auditors. Other than audits conducted under section 6.8, all references to auditors in the
Agreement are to independent third party external licensed public accountants.
1.4 Conflict. In the event of a conflict between any provision in the Schedules to the Agree-
ment and the body of the Agreement, the provisions of the body of the Agreement shall
prevail.
1.5 Schedules. All references to Schedules refer to Schedules of the Agreement which are
part of and form an integral part of the Agreement. The schedules of the Agreement are:
Schedule “A” Table of Summary Project Information
Schedule “A-1” Project Description, Milestones, Deliverables, Timelines and Pro-
ject Related Definitions
Schedule “B” Eligible Project Expenditures Categories
Schedule “B-1” Project Investment Commitment Budget
Schedule “C” Project Status Report
Schedule “D” Annual Certificate
Schedule “E” Request for Disbursement
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Schedule “F” Final Certificate and Report
Schedule “F-1” Independent Auditor’s Report
Schedule “G” Post-Project Annual Report
1.6 Reference to Statute or Regulation. Any reference to a statute is to such statute and to
the regulations made pursuant to such statute as such statute and regulations may at
any time be amended or modified and in effect and to any statute or regulations that may
be passed that have the effect of supplanting or superseding such statute or regulations,
unless provided otherwise within the Agreement.
1.7 Singular/Plural and Gender Terms. Each definition in the Agreement using a singular
capitalized term or other word or phrase within the Agreement shall also apply to the plu-
ral form and such term, word or phrase and vice versa. All references to the masculine
gender shall include reference to the feminine or neuter gender and vice versa in each
case as the context may permit or require.
1.8 Sections and Other Headings. The section and other headings contained in the Agree-
ment are for reference purposes only and shall not affect the meaning or interpretation of
the Agreement.
1.9 Recitals. The recitals to the Agreement do not form part of the Agreement.
ARTICLE 2 –THE PROJECT
2.1 Completion of Project. The Recipient shall complete the Project on or before the Project
Completion Date in accordance with the Project description, milestones and delivera-
bles, timelines and Project Investment Commitment Budget, all as more particularly set
out in Schedules “A-1” and “B-1”.
2.2 Project Investment. The Recipient agrees to invest in the Project a minimum amount
equal to the Project Investment Commitment from the Project Start Date up to and in-
cluding the Project Completion Date.
2.3 Project Financing. The Recipient agrees that financing for completion of the Project has
been confirmed as described in Schedule “A-1”. Any overruns or Project Financing defi-
ciencies are to be the responsibility of the Recipient. In the event that the expected
Project Financing becomes unavailable, the Recipient shall provide the funding from in-
ternal or other resources acceptable to Ontario.
2.4 Stacking.
(a) Stacking with other provincial programs is not permitted except that the Recipient
may receive supports provided through SWODF’s complementary services (“Provincial
Stacking Exceptions”). The total amount of provincial and federal assistance for Eligi-
ble Project Expenditures, including those received from the Provincial Stacking
Exceptions (collectively, “Government Assistance”) cannot exceed 75% of the Eligible
Project Expenditures.
(b) If Ontario determines that the Recipient has received Government Assistance that
exceeds 75% of Eligible Project Expenditures, then the Recipient shall pay to Ontario,
within 20 days of being notified by Ontario, an amount equal to the excess. For clarity, in
no event shall the Recipient be required to pay to Ontario any amount under this section
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7
2.4(b) greater than the Ontario Support together with the costs of collection pursuant to
section 10.6 and interest pursuant to section 10.7.
ARTICLE 3 – CONDITIONAL GRANT
3.1 Grant. Subject to and in accordance with the terms and conditions of the Agreement,
and in reliance on the representations and warranties in Article 7, Ontario agrees to pro-
vide the Grant to the Recipient to assist the Recipient to finance Eligible Project
Expenditures.
3.2 Use of Funds. All Grant funds shall be used by the Recipient solely for the payment of
Eligible Project Expenditures.
3.3 Interest Bearing Account. If Ontario provides Grant funds before the Recipient’s imme-
diate need for the Grant funds, the Recipient shall place the Grant funds in an interest
bearing account in the name of the Recipient at a Canadian financial institution.
ARTICLE 4 - MANDATORY REPAYMENT OF GRANT
4.1 Investment Target Clawback. If the Project Investment Commitment is not achieved on
or before the Project Completion Date, the Recipient shall repay a cash amount to On-
tario in accordance with the following formula:
𝐼𝑖𝑟𝑒𝑟𝑟𝑖𝑒𝑖𝑟 𝑆𝑎𝑟𝑔𝑒𝑟 𝐶𝑖𝑎𝑟𝑎𝑎𝑎𝑖=𝑂𝑖𝑟𝑎𝑟𝑖𝑖 𝑆𝑟𝑖𝑖𝑖𝑟𝑟−(𝐴𝑎𝑟𝑟𝑎𝑖 𝐼𝑖𝑟𝑒𝑟𝑟𝑖𝑒𝑖𝑟
𝑂𝑟𝑖𝑖𝑒𝑎𝑟 𝐼𝑖𝑟𝑒𝑟𝑟𝑖𝑒𝑖𝑟 𝐶𝑖𝑖𝑖𝑖𝑟𝑖𝑒𝑖𝑟∗$𝐺𝑟𝑎𝑖𝑟)
^^when calculating the Investment Target Clawback at the Project Completion Date, the Ontario Support shall be deemed
to include any earned but unpaid portion of the Performance Payment
The Investment Target Clawback shall be calculated as at the earlier of (i) an Event of
Default; and (ii) the Project Completion Date. The Recipient shall repay the Investment
Target Clawback, if any, within 20 days of notification in writing from Ontario. Notwith-
standing any other provision of the Agreement, if the Recipient does not deliver to
Ontario the Independent Auditor’s Report and the Final Certificate and Report within the
required time, then the Investment Target Clawback amount shall be deemed to be an
amount equal to the Ontario Support, which amount shall be immediately due and paya-
ble.
For greater certainty, should an Investment Target Clawback calculation result in a
negative amount, such amount shall be deemed to be zero.
4.2 Maximum Clawback. Notwithstanding anything contained in the Agreement, the Invest-
ment Target Clawback cannot be negative or greater than the Ontario Support. Upon
notice to the Recipient, interest shall accrue on the calculated amount in accordance
with section 10.6.
ARTICLE 5 - TERMS AND CONDITIONS OF DISBURSEMENTS
5.1 Annual Cap. Subject to the provisions of the Agreement, the Grant is to be paid in annu-
al instalments which shall not exceed the Annual Cap for each Fiscal Year. The Annual
Cap for each Fiscal Year is the maximum amount specified below:
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(a) Fiscal Year 1 - $241,000;
(b) Fiscal Year 2 - $723,000; and
(c) Fiscal Year 3 - $241,000 (being the Performance Payment).
5.2 Disbursement Calculation.
(a) Disbursement Amount. For Fiscal Year 1, Ontario will disburse the Fiscal Year 1
Annual Cap in accordance with section 5.4; for all remaining Fiscal Years, in
each Fiscal Year, Ontario will disburse the lesser of:
(i) the aggregate of (i) 50% Eligible Project Expenditures incurred and paid
in that Fiscal Year (the “Amount Incurred”) and (ii) any Carry Forward
Amount; and
(ii) the Annual Cap for that Fiscal Year.
(b) Reduction of Grant.
(i) For Fiscal Years 1 and 2. Where the sum of the Amount Incurred in re-
spect of Fiscal Year 1 and Fiscal Year 2 is less than the sum of the
Annual Cap for Fiscal Year 1 and Fiscal Year 2, Ontario may reduce the
aggregate amount of the Grant without liability, penalty or cost by the dif-
ference between (i) the sum of the Annual Cap for Fiscal Year 1 and
Fiscal Year 2 and (ii) the sum of the Amount Incurred in respect of Fiscal
Year 1 and Fiscal Year 2.
(ii) All remaining Fiscal Years. Where the Disbursement in a Fiscal Year,
other than Fiscal Year 1 and Fiscal Year 2, is less than the Annual Cap
for that Fiscal Year, Ontario may reduce the aggregate amount of the
Grant without liability, penalty or cost by the difference between the An-
nual Cap and the Disbursement.
(c) Determination of Carry Forward Amount. The “Carry Forward Amount” means
the amount by which the Amount Incurred in a Fiscal Year exceeds the Annual
Cap for that Fiscal Year. Each time a Carry Forward Amount is applied in a Dis-
bursement calculation, the Carry Forward Amount available in the next Fiscal
Year shall be reduced by the amount of the Carry Forward Amount already dis-
bursed; any unused portion of any Carry Forward Amount shall continue to be
included in the Disbursement calculation in succeeding Fiscal Years until all Car-
ry Forward Amounts are fully exhausted. For the avoidance of doubt, in no event
shall the Recipient be entitled to receive any funds in excess of the maximum
amount of the Grant under the Agreement.
5.3 Performance Payment Disbursement. Subject to the provisions of the Agreement, Ontar-
io will disburse the Performance Payment within 90 days of:
(a) the Recipient meeting to Ontario’s satisfaction the conditions of disbursement in-
cluding, in accordance with section 5.6, providing Ontario with a Request for
Disbursement and the necessary evidence that the Recipient has incurred and
paid Eligible Project Expenditures since the date of the immediately preceding
Disbursement; and
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(b) receipt and acceptance by Ontario of an Independent Auditor’s Report and a Fi-
nal Certificate and Report as required pursuant to sections 6.6 and 6.7.
Provided however that the Performance Payment shall be reduced by the amount of the
Investment Target Clawback, if any. If the Performance Payment is less than the In-
vestment Target Clawback, the Recipient shall pay to Ontario the difference between the
Investment Target Clawback and the Performance Payment.
5.4 Conditions of First Disbursement. Subject to the terms and conditions of the Agreement,
Ontario will disburse to the Recipient the Annual Cap for Fiscal Year 1 upon the Recipi-
ent’s completion, by no later than, September 30, 2020, of the following conditions
precedent completed to the satisfaction of Ontario:
(a) Insurance. The Recipient shall provide Ontario with a valid certificate of insur-
ance evidencing the insurance coverage that the Recipient:
(i) is required to maintain pursuant to section 8.8. and
(ii) has maintained from the Project Start Date to the Effective Date, at its
own expense, with insurers having a secure A.M. Best rating of B + or
greater, or the equivalent, all the necessary and appropriate insurance
that a prudent Person carrying out a project similar to the Project would
maintain, including commercial general liability insurance on an occur-
rence basis for third party bodily injury, personal injury and property
damage, to an inclusive limit of not less than two million dollars
($2,000,000) per occurrence.
(b) Council Approval of Financing. Receipt of evidence by Ontario that the Recipi-
ent’s council has authorized the Project and that Project Financing in the
amounts identified in Schedule “A-1”, other than the Grant, will be available as
and when needed for the completion of the Project.
(c) Receipt of evidence by Ontario that the Recipient’s council has authorized the
Recipient’s execution of the Agreement by municipal by-law.
(d) Receipt of evidence by Ontario that the Recipient has calculated an updated debt
and finance obligation limit based on Ontario Regulation 403/02 under the Munic-
ipal Act, 2001.
5.5 Condition of Second Disbursement. In addition to the requirements set out in section
5.6, on or before the second Disbursement, the Recipient shall provide Ontario with a
Request for Disbursement certifying, amongst other things that Eligible Project Expendi-
tures in the amount of at least $482,000 have been incurred and paid in respect of the
Fiscal Year 1 Annual Cap.
5.6 Conditions of Subsequent Disbursements. On or before each subsequent Disbursement
to the first Disbursement, upon the following conditions being met or complied with to the
satisfaction of Ontario, and subject to the terms and conditions of the Agreement, Ontar-
io will disburse such Disbursements to the Recipient:
(a) Request for Disbursement. Within 90 days following the end of each Fiscal Year,
starting with Fiscal Year 2, the Recipient shall provide Ontario with a Request for
Disbursement. Ontario will have no obligation to pay the Disbursement and re-
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10
serves the right to cancel the Grant in its sole discretion if the Recipient has not
requested the Disbursement within the required 90 day period.
(b) Accounting Evidence. The Recipient shall provide satisfactory evidence to Ontar-
io that the Recipient has incurred and paid sufficient Eligible Project Expenditures
to have earned the requested Disbursement, which evidence shall include the
following:
(i) a Project Status Report;
(ii) if the Recipient submits a Request for Disbursement in respect of Eligible
Project Expenditures incurred and paid to Non-Arm’s Length suppliers,
the Recipient shall provide the Project Status Report described in para-
graph (i) above together with a certificate of the external auditor of the
Recipient confirming that the transaction was on terms that are fair and
reasonable to the Recipient and that are no less favourable to the Recipi-
ent than those that could be obtained in a comparable transaction from an
Arm’s Length supplier. Provided however, that an auditor’s certificate
shall not be required for Eligible Project Expenditures which have been
incurred and paid by the Recipient and submitted to Non-Arm’s Length
suppliers where invoices can be produced supporting the transaction at
no increased cost; and
(iii) at Ontario’s option, invoices from suppliers and proof of payment may al-
so be required.
(c) Inspection. Ontario has had the opportunity to physically inspect the Project Site.
(d) Attainment of Milestones, Deliverables and Timelines. The Recipient has satis-
factorily performed and attained, in the opinion of Ontario, acting reasonably, the
milestones, deliverables and timelines set out in Schedule “A-1” as of the date of
the Request for Disbursement.
5.7 Conditions to the Grant.
(a) Any Disbursement to be made by Ontario pursuant to the Agreement is subject
to there being an appropriation by the Legislative Assembly for the Fiscal Year in
which the Disbursement is to be made. If Ontario does not receive the necessary
appropriation, Ontario shall not be obligated to make any such payment. As a
consequence, Ontario may terminate the Agreement immediately upon giving no-
tice to the Recipient and may demand repayment of any portion of the Grant that
has not been used or committed by the Recipient to defray Eligible Project Ex-
penditures.
(b) The total Grant received by the Recipient cannot exceed 50% of total Eligible
Project Expenditures, up to the maximum amount of the Grant.
(c) If under any agreement between the Recipient and Her Majesty the Queen in
right of Ontario, any fees, levies or taxes or other amounts are owed to Her Maj-
esty the Queen in right of Ontario or her agencies, including the Minister of
Finance, the Recipient hereby authorizes Ontario to pay any or all of these
amounts on behalf of the Recipient out of the amount of the Grant. Ontario will
notify the Recipient prior to implementing any set-off of funds.
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(d) Without restricting the applicability of other remedies or provisions of the Agree-
ment, Ontario shall be entitled, in its sole and unfettered discretion, to refuse to
make any Disbursements or any further Disbursements, if:
(i) an Event of Default has occurred and is continuing;
(ii) an event which would otherwise be an Event of Default but for the giving
of notice and the passage of time to remedy the Event of Default has oc-
curred and is continuing;
(iii) the occurrence of an Event of Default reasonably appears to be imminent,
in Ontario’s opinion; or
(iv) the Disbursement will result in the occurrence of an Event of Default.
5.8 Right to Collect Interest. Where the Amount Incurred in respect of Fiscal Year 1 and
Fiscal Year 2, collectively, is less than the Annual Cap for Fiscal Year 1, Ontario may
demand from the Recipient the interest earned in accordance with section 3.3 on the
amount by which the Amount Incurred in Fiscal Year 1 and Fiscal Year 2, collectively, is
less than the Fiscal Year 1 Annual Cap.
ARTICLE 6 - REPORTING AND MONITORING
6.1 Annual Certificate. Within 90 days after the end of each Fiscal Year, the Recipient shall
provide Ontario with an annual certificate substantially in the form of Schedule “D”
signed by a senior officer of the Recipient.
6.2 Annual Project Status Report. Within 90 days after the end of each Fiscal Year, the Re-
cipient shall provide Ontario with a Project Status Report. Ontario, at its sole discretion,
reserves the right to demand more frequent Project Status Reports.
6.3 Intentionally Deleted
6.4 Post-Project Reporting. The Recipient shall:
(a) within 120 days after the end of each Post-Project Fiscal Year, provide Ontario
with a post-Project annual report substantially in the form of Schedule “G” signed
by a senior officer of the Recipient; and
(b) during the Term and up to three years after the Project Completion Date, make
best efforts to participate and respond to any SWODF surveys in relation to the
Project or the Grant provided by Ontario.
6.5 Other Reports. The Recipient shall promptly furnish to Ontario such other reports and
information as Ontario may reasonably require.
6.6 Independent Auditor’s Report.
(a) Within 120 days of the Project Completion Date or as required by section 10.3,
the Recipient shall provide Ontario an Independent Auditor’s Report certifying the
total Eligible Project Expenditures that have been incurred and paid by the Recip-
ient from the Project Start Date up to and including the Project Completion Date.
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12
6.7 Final Certificate and Report. Within 120 days of the Project Completion Date or as re-
quired by section 10.3, the Recipient shall provide Ontario with a Final Certificate and
Report signed by a senior officer of the Recipient together with such other information as
may be requested by Ontario.
6.8 Review and Audit.
(a) The Recipient shall permit persons designated by Ontario to visit and inspect the
Project Site at Ontario’s expense, to examine and copy the Recipient’s books
and financial records, and to discuss its affairs, finances and accounts all at such
reasonable times as may be requested by Ontario.
(b) Ontario’s right of inspection includes the right to perform a full or partial audit at
any time, including at the Project Completion Date, for purposes including con-
firming:
(i) that Eligible Project Expenditures have been incurred and paid by the Re-
cipient from the Project Start Date up to and including the Project
Completion Date; and
(ii) the Eligible Project Expenditures Table of the Recipient with respect to to-
tal Project expenditures.
(c) Without limiting the generality of the foregoing, the Recipient shall at Ontario’s
request meet with Ontario or its duly authorized agent at least annually to review
the progress of the Project and to review the Recipient’s compliance with the
terms and conditions of the Agreement. As may be requested by Ontario, invoic-
es from suppliers and proof of payment may also be required.
(d) For greater certainty, Ontario’s rights under this Article are in addition to any
rights provided to the Auditor General of Ontario pursuant to section 9.2 of the
Auditor General Act (Ontario).
ARTICLE 7 -REPRESENTATIONS AND WARRANTIES
7.1 Representations and Warranties. The Recipient represents and warrants to and in fa-
vour of Ontario that:
(a) The Recipient has furnished to Ontario copies of its most recent Financial State-
ments and such Financial Statements are correct and complete and fairly present
the financial position of the Recipient as of the date indicated therein and the re-
sults of its operation and the changes in its financial position for the years then
ended in accordance with GAAP. Since the date of its last Financial Statement s,
there has been no material change in the financial condition of the Recipient oth-
er than changes in the ordinary course of business.
(b) Recipient has taken all necessary actions to authorize the execution of the
Agreement including passing a municipal by-law authorizing the Recipient to en-
ter into the Agreement with Ontario.
(c) The Recipient has established and shall maintain administrative practices and
governance procedures to provide for the prudent and effective management of
the Grant.
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13
(d) The Project Financing, Project budget and estimates of expenditures are accu-
rately set out in Schedules “A-1” and “B-1”.
(e) With respect to the information and documentation, including forecasts, submit-
ted to Ontario in support of the Business Plan, that:
(i) the forecasts were based upon the judgment of directors and officers of
the Recipient, who considered the most likely set of future conditions in
their opinion at that time and their impact upon the Recipient;
(ii) the information used in preparing the Business Plan substantially reflects
the plans of the Recipient;
(iii) the assumptions relied upon in preparing the forecasts are appropriate
and reasonable in the opinion of directors and officers of the Recipient;
(iv) adequate support documentation outlining methods and procedures used
in preparing the forecasts is available from the Recipient;
(v) all statements and documentation provided to Ontario in support of the
Business Plan are true and correct; and
(vi) the Recipient confirms the Recipient’s consent for Ontario to release the
Recipient’s taxpayer information to the Ministry of Finance for the purpose
of verifying compliance with all statutes administered by the Ministry of
Finance and for the purposes of administering the SWODF.
The Recipient recognizes that Ontario has relied upon the truth, authenticity and
accuracy of the information and documentation contained in the Business Plan in
authorizing the Grant.
(f) The proceeds of the Grant will be used by the Recipient exclusively for Eligible
Project Expenditures and for no other purpose.
(g) There are no charges or criminal convictions under the Criminal Code (Canada)
outstanding against the Recipient.
(h) There are no actions, suits or proceedings pending or, to the knowledge of the
Recipient, threatened, which would reasonably be expected to have a Material
Adverse Effect on the Project or the ability of the Recipient to perform its obliga-
tions under the Agreement.
(i) There is no fact which the Recipient has not disclosed in writing to Ontario which
adversely affects or, so far as the Recipient can now reasonably foresee, will ad-
versely affect the Project or the ability of the Recipient to perform its obligations
under the Agreement in each case, in any material respect.
(j) The Recipient is not in default in any material respect in connection with Canadi-
an federal, provincial, municipal or local taxes, assessments or other imposts or
penalties due and unpaid in respect of its income, business or property or for the
payment of any tax instalment due in respect of its current taxation year. The Re-
cipient has fulfilled all material requirements under the Income Tax Act (Canada),
the Canada Pension Plan (Canada) and the Employment Insurance Act (Cana-
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14
da) for withholding of amounts from employees and has remitted all amounts
withheld to the appropriate authorities within the prescribed times.
(k) In connection with the Project Site, the Recipient does not have any knowledge
of having caused or permitted the release of any Hazardous Substance on the
Project Site except in compliance with Applicable Laws. All Hazardous Sub-
stances have, to the knowledge of the Recipient, been used, disposed of, treated
and stored by the Recipient in compliance with Applicable Laws.
(l) The Recipient has not received any notice of any construction liens currently out-
standing in respect of the Project Site.
(m) The Recipient is in compliance with all Applicable Laws.
(n) With respect to the Intellectual Property required for the Recipient to carry out its
obligations under the Agreement:
(i) The Recipient has all necessary rights to the Intellectual Property (includ-
ing any necessary technology transfer and know how) (“IP Rights”)
required to carry out and complete the Project;
(ii) The Recipient has not received any notice, claim or threat of any claim
that it is infringing the IP Rights of third parties in respect of the Project;
and
(iii) The Recipient has not and will not dispose of, license or otherwise en-
cumber the IP Rights referred to in subparagraph (i) in such a way that
the Recipient knowingly compromises such IP Rights required to carry out
and complete the Project.
(o) The business of the Recipient and all its properties and assets are covered by
such policies of insurance, issued by licensed insurers, as are appropriate to
such business, property and assets, in such amounts and against such risks as
set out in section 8.8.
(p) No Event of Default has occurred and is continuing, nor has any event occurred
which with the giving of notice, the passage of time, or both, will result in an
Event of Default.
(q) The Recipient is in actual possession of the Project Site and has good and mar-
ketable title or leasehold interest to its properties and assets necessary to carry
out the Project.
ARTICLE 8 –AFFIRMATIVE COVENANTS
8.1 Project Completion. The Recipient shall complete the Project in accordance with the
terms of the Agreement. The Recipient shall immediately notify Ontario of any increase
in the total cost of the Project.
8.2 Use of Proceeds. The Recipient will use the Grant solely for Eligible Project Expendi-
tures.
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8.3 Rights of Inspection and Inquiry. The Recipient shall keep and maintain all records, in-
voices and other documents relating to the Project and the Grant in a manner consistent
with GAAP, and keep them available for review by Ontario and its agents or authorized
representatives, including the Auditor General of Ontario, during the Term and for a pe-
riod of seven years thereafter.
8.4 Compliance with Agreements. The Recipient will perform and satisfy all covenants and
obligations to be performed by it under the Agreement, and under any other agreement
or undertaking now or hereafter made between it and Her Majesty the Queen in right of
Ontario.
8.5 Existence. The Recipient will preserve and maintain its existence, rights, powers, licenc-
es, privileges, and goodwill, and exercise any rights of renewal or extensions of any
leases, licences, or any other rights which are necessary or material to the conduct of its
business.
8.6 Compliance with Laws. The Recipient shall comply with all Applicable Laws which could
affect the Project Site, the Project, and the Recipient’s obligations under the Agreement.
8.7 Taxes. The Recipient shall file all material tax returns and pay or cause to be paid as
they become due all taxes, assessments, and governmental charges lawfully levied and
imposed upon its property or upon its business, including the Project Site, unless the
same are being diligently contested in good faith and by appropriate proceedings or as
to which a bona fide dispute may exist.
8.8 Insurance. The Recipient shall put in effect and maintain for the period during the Term,
at its own expense, with insurers having a secure A.M. Best rating of B + or greater, or
the equivalent, all the necessary and appropriate insurance that a prudent Person carry-
ing out a project similar to the Project would maintain, including commercial general
liability insurance on an occurrence basis for third party bodily injury, personal injury and
property damage, to an inclusive limit of not less than two million dollars ($2,000,000)
per occurrence. The policy shall include the following:
(a) the Indemnified Parties as additional insureds with respect to liability aris-
ing in the course of performance of the Recipient’s obligations under, or
otherwise in connection with, the Agreement;
(b) a cross-liability clause;
(c) contractual liability coverage; and
(d) 30 day written notice of cancellation, termination or material change.
The Recipient shall provide Ontario with a copy of the certificate that confirms the re-
quired insurance coverage and, within 90 days of the renewal, any renewal replacement
certificates as may be necessary. Upon the request of Ontario, the Recipient shall make
available to Ontario a copy of each insurance policy.
8.9 Indemnity. The Recipient shall indemnify and hold harmless the Indemnified Parties from
and against any and all liability, loss, costs, damages and expenses (including without
limitation, legal, expert and consultant fees and disbursements), causes of action, ac-
tions, claims, demands, lawsuits or other proceedings, by whomever made, sustained,
incurred, brought or prosecuted, in any way arising out of or in connection with the Pro-
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16
ject or otherwise in connection with the Agreement, unless solely caused by the negli-
gence or wilful misconduct of the Indemnified Parties.
8.10 Litigation. The Recipient shall promptly provide notice to Ontario, including reasonable
particulars as to be determined by Ontario, of: (a) any criminal charges filed against the
Recipient and (b) each action, suit or proceeding which claims damages in excess of
$500,000 against the Recipient pending, or to the knowledge of the Recipient, threat-
ened before any court or before any tribunal, governmental department, commission or
agency.
8.11 Project Expenditures. The Recipient shall promptly notify Ontario of any cost overrun or
change orders that may have a Material Adverse Effect on the Project as compared with
the Project Investment Commitment Budget, as set forth in Schedule “B-1”, attached
hereto. Ontario will not be obliged to fund any such overrun of costs and may require
proof of payment prior to any further Disbursements.
8.12 Environmental. In connection with the Project Site, the Recipient shall not knowingly
cause or permit the release of any Hazardous Substance on the Project Site, except in
compliance with Applicable Laws. All Hazardous Substances shall be used, disposed of,
treated and stored by the Recipient in compliance with Applicable Laws.
8.13 Notice to Ontario. The Recipient shall provide prompt notice of:
(a) any Material Adverse Effect;
(b) any abandonment of the Project by the Recipient; or
(c) any representation or warranty made by the Recipient in the Agreement or any
certificate delivered to Ontario pursuant hereto that has become or is likely to be-
come untrue in any respect.
8.14 Procurement. The Recipient shall ensure that all contracts and subcontracts, including
consultant contracts, for work and services and for the purchase of goods related to the
Project are obtained pursuant to a process that ensures best value for money.
8.15 Reports. The Recipient shall ensure that all reports, certificates and other documents
required to be delivered to Ontario pursuant to the Agreement are completed to the sat-
isfaction of Ontario. Ontario may, from time to time, require the Recipient to complete
reports, certificates and other documents on an electronic system, including Transfer
Payment Ontario.
ARTICLE 9 – NEGATIVE COVENANTS
9.1 The Recipient covenants and agrees that, during the Term, it shall not, without the prior
written approval of Ontario:
(a) Disposition of Assets. sell, assign, transfer, lease, license, convey or otherwise
dispose of any of the Project assets or all or substantially all of the assets com-
prising the Project Site, except such dispositions as would be consistent with the
disposition of surplus assets in the normal course of business and sales of real
property contemplated by the Business Plan.
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17
(b) Transactions with Affiliates. sell property or services to, or purchase property or
services from, or otherwise engage in any other transactions with, any Related
Parties, except for transactions in the ordinary course of business at prices and
on terms and conditions not less favourable to the Recipient than could be ob-
tained on an Arm’s Length basis from unrelated third parties.
ARTICLE 10 - DEFAULT AND ENFORCEMENT
10.1 Events of Default. Each of the following is an Event of Default:
(a) failure by the Recipient to perform or comply with any covenant or other term of
the Agreement required to be performed or complied with by the Recipient, in-
cluding, but not limited to, the failure to perform or comply with the reporting
requirements set out in Article 6;
(b) failure by the Recipient to repay any amount of the Grant when it becomes due,
including failure to pay the Investment Target Clawback required pursuant to Ar-
ticle 4;
(c) failure by the Recipient to make a Request for Disbursement in accordance with
section 5.6;
(d) abandonment or Deemed Abandonment of the Project by the Recipient;
(e) if any representation or warranty made by the Recipient in the Agreement or any
certificate delivered to Ontario pursuant hereto shall be or become materially un-
true in any respect;
(f) default of any material obligations of the Recipient under the Agreement includ-
ing a default of a term or condition, but for the giving of notice and/or the passage
of time to remedy;
(g) default of a term or condition in any other agreement between Her Majesty the
Queen in right of Ontario and the Recipient but for the giving of notice and/or the
passage of time to remedy;
(h) final judgment or decree for the payment of money due is obtained or entered
against the Recipient, except in respect of a judgment which (i) was the subject
of a bona fide dispute, (ii) is not material to the financial condition, business or
operations of the Recipient (and without restricting the generality of the forego-
ing, a judgment of $50,000 or more shall be deemed to be material), and (iii) is
paid in full within 30 days after judgment;
(i) any part of the Project Financing that has become unavailable is not replaced by
the Recipient within 90 days on similar terms and conditions; or
(j) occurrence of a Material Adverse Effect in the opinion of Ontario, acting reason-
ably.
10.2 Ontario May Waive. Ontario may, at any time, waive any Event of Default which may
have occurred provided that no such waiver shall extend to, or be taken in any manner
whatsoever to affect, any subsequent Event of Default or the right to remedies resulting
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18
therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of
such Event of Default unless such waiver is explicit and in writing from Ontario.
10.3 Remedies. In addition to any other rights which Ontario may have under the Agreement,
if any Event of Default shall occur and be continuing, Ontario shall have the following
rights and remedies provided that it has first given written notice of the Event of Default
to the Recipient and the Recipient has failed for whatever reason, subject to Force
Majeure, to remedy the Event of Default within 20 days of the receipt of such notice, or
such longer period of time as Ontario may consent to in writing:
(a) Ontario may, immediately, without further notice to the Recipient, without liability,
penalty or costs to Ontario, terminate the Agreement;
(b) Ontario shall be relieved of all obligations to make any Disbursements or any fur-
ther Disbursements to the Recipient;
(c) Ontario shall be entitled to retain the Performance Payment and any unpaid Car-
ry Forward Amount;
(d) An amount equal to the amount of the Investment Target Clawback shall become
immediately due and payable to Ontario; such sum shall be calculated as of the
date of the specified Event of Default based upon the Actual Investment as of the
date of calculation as verified by an Independent Auditor’s Report and/or a Final
Certificate and Report, such Independent Auditor’s Report and Final Certificate
and Report being due within 60 days of the specified Event of Default; and
(e) Ontario may avail itself of any of its legal remedies that are available to Ontario at
law or in equity and in its sole discretion, exercise any right or recourse and/or
proceed by any action, suit, remedy, or proceeding against the Recipient author-
ized or permitted by law for the recovery of any and all amounts payable to
Ontario pursuant to the Agreement, and no such remedy for the enforcement of
the rights of Ontario shall be exclusive of, or dependent on, any other remedy,
but any one or more of such remedies may from time to time be exercised inde-
pendently or in combination, provided however, that subject to section 8.9, in no
event shall the Recipient be required to pay to Ontario any amount in excess of
the Ontario Support together with the costs of collection pursuant to section 10.5
and interest pursuant to section 10.6.
Notwithstanding the foregoing, Ontario shall not be required to provide any notice or a
remedy period under this section 10.3 for any Event of Default arising under section 10.1
(b), (d), (f) or (g).
10.4 Additional Remedies Upon Certain Events of Default. In addition to the remedies con-
tained in section 10.3, section 10.5 and section 10.6, upon the occurrence of an event
specified in section 10.1(b), (d), (f) or (g) an amount equal to the remaining Ontario Sup-
port which has not already been repaid pursuant to section 10.3 herein shall become
immediately due and payable to Ontario.
10.5 Costs of Collection. All reasonable costs and expenses of collection, including legal fees
and professional fees associated therewith, of Ontario and its agents of all amounts ow-
ing hereunder shall be for the account of the Recipient and shall be immediately due and
payable to Ontario.
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19
10.6 Interest after Default. Interest at the then current rate charged by the Province of Ontario
on accounts receivable shall apply, from the date of any default notice to the Recipient,
to any and all amounts in the event that Ontario exercises any of its remedies pursuant
to section 10.3 or 10.4 until payment in full. For greater certainty, during the course of
any and all proceedings to collect such amounts such interest rate shall apply to and be
exigible as additional damages in any award of damages made by a court of competent
jurisdiction pursuant to any such action, all without the necessity of any further act or
agreement or notification to the Recipient.
ARTICLE 11 - GENERAL
11.1 No Conflict of Interest. The Recipient will carry out the Project and use the Grant funds
without an actual, potential, or perceived conflict of interest. A conflict of interest includes
any circumstances where: (a) the Recipient or (b) any Person who has the capacity to
influence the Recipient’s decisions, has outside commitments, relationships, or financial
interests that could, or could be seen to, interfere with the Recipient’s objective, unbi-
ased, and impartial judgment relating to the Project, the use of the proceeds of the
Grant, or both. Nothing in this section shall prevent the Recipient if it so chooses from re-
imbursing its volunteers for their reasonable out of pocket expenses incurred in
connection with the Project. The Recipient will disclose to Ontario, without delay, any
situation that a reasonable Person would interpret as an actual, potential, or perceived
conflict of interest and comply with any terms and conditions that Ontario may prescribe
as a result of the disclosure.
11.2 Entire Agreement. The Agreement contains the entire agreement between the Recipient
and Ontario and supersedes all prior agreements, obligations, statements, representa-
tions, understandings, warranties, communications and negotiations, whether oral or
written, with respect to the subject matter of the Agreement.
11.3 Amendments. The Agreement may be amended, altered or modified only by written
documents signed by both Ontario and the Recipient.
11.4 Survival. Section 1.1 (Definitions), section 2.4 (Stacking), Article 4 (Mandatory Repay-
ment of Grant), sections 5.1, 5.2 and 5.3 (as it relates to the Performance Payment
Disbursement), section 5.8 (Right to Collect Interest), Article 6 (Reporting and Monitor-
ing), Article 7 (Representations and Warranties), section 8.3 (Rights of Inspection and
Inquiry), section 8.9 (Indemnity), section 8.15 (Reports), Article 10 (Default and En-
forcement), section 11.2 (Entire Agreement), section 11.4 (Survival), section 11.6
(Materiality and Merger), section 11.11 (Non-Agent), section 11.12 (Governing Law),
section 11.15 (Severability), section 11.16 (No Control of Records), section 11.17 (Dis-
closure of the Agreement to the Public and Third Parties), and section 11.20 (Rights and
Remedies Cumulative) and all applicable cross-referenced provisions and Schedules
shall survive any expiry, termination or cancellation of the Agreement. Without limiting
the foregoing, all representations and warranties of the Recipient contained herein or in
any certificate or other writing delivered in connection herewith will survive the transac-
tions contemplated hereby and are material and have been or will be relied upon by
Ontario notwithstanding any investigation made by or on behalf of Ontario. For the pur-
pose of the foregoing, all statements contained in any certificate or other writing
delivered by or on behalf of the Recipient pursuant hereto or in connection with the
transactions contemplated hereby shall be deemed to be representations and warranties
of the Recipient contained herein.
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11.5 Waiver. No provision of the Agreement shall be deemed to be waived, and no breach
excused, unless such waiver or consent excusing the breach is explicit and in writing. A
waiver of any provision of the Agreement, or of any breach of any provision of the
Agreement, is not to be deemed or construed to be a waiver of any other provision of the
Agreement, or of any other breach, whether of the same or of any other provision, nor
shall any delay or omission on the part of any party to the Agreement to exercise or avail
itself of any right it has or may have under the Agreement, operate as a waiver of any
such breach or right, nor will any waiver or failure to enforce any of the provisions of the
Agreement in any way affect the validity of the Agreement or any part of it.
11.6 Materiality and Merger. All representations, warranties and covenants of the Recipient
made in the Agreement, the Business Plan or in any other document, certificate, ex-
penditure statement, or writing delivered by or on behalf of the Recipient pursuant to the
provisions of the Agreement, or otherwise with respect to the Project or the Agreement
and the transactions contemplated in the Agreement, are material, are deemed to have
been relied upon by Ontario and survive the execution of the Agreement.
11.7 Time. Time is of the essence of the Agreement.
11.8 Assignment. The Agreement and all documents delivered pursuant to it enure to the
benefit of Ontario and the Recipient, their respective assigns and successors at law. The
Agreement may not be assigned by the Recipient without the prior written consent of
Ontario.
11.9 Further Assurances. The Recipient agrees at any time and from time to time after the
execution and delivery of the Agreement to perform and deliver such further acts and
things as Ontario may reasonably request in order to fully effect the purpose of the
Agreement and the transactions contemplated herein.
11.10 Notices. Any notice, request, demand, consent, approval, correspondence, report or
other communication required pursuant to or permitted under the Agreement must be in
writing and must be given by personal delivery, or transmitted by fax or e-mail, or be
sent by postage prepaid mail, and addressed to the party to whom it is intended at its
address as set out below or addressed as either party may later designate to the other in
writing:
To Ontario:
Ministry of Economic Development, Job Creation and Trade
Business Partnerships and Programs Division
Funding Administration Branch
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
Facsimile No.: (416) 212 – 8696
Email: NoticesFundingPrograms@ontario.ca
To the Recipient:
Town of Tillsonburg
10 Lisgar Ave
Tillsonburg ON N4G 5A5
Attention: Development Commissioner and Clerk Department
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21
Facsimile No.: (519) 842-9431
Email: cpanschow@tillsonburg.ca, clerks@tillsonburg.ca
Any such notice shall be deemed to be received, if personally delivered or sent by fax or
other electronic message on the day it is sent and if such notice is sent by postage pre-
paid mail it shall be deemed to have been received on the date that is five days after the
date of mailing.
11.11 Non-Agent. The Recipient and Ontario agree and declare that nothing in the Agreement
shall be construed as creating a partnership, joint venture, or agency relationship be-
tween the Recipient and Ontario.
11.12 Governing Law. The Agreement and the rights of the parties hereto shall be governed in
all respects by and construed in accordance with the laws of the Province of Ontario and
the laws of Canada applicable therein and each party irrevocably attorns to the exclusive
jurisdiction of the courts of the Province of Ontario for any dispute, action or proceeding
arising out of or in connection with the Agreement. Nothing in the Agreement affects the
rights, protections and immunities of the Crown under the Crown Liability and Proceed-
ings Act, 2019 (Ontario).
11.13 Force Majeure. In the Agreement, “Force Majeure” includes civil commotions, acts of
God, weather, fires, floods, explosions, natural catastrophes, sabotages, accidents, fail-
ures of power, riots, invasion, insurrection and any additional peril or occurrence which
is, in the opinion of Ontario a Force Majeure. Upon the occurrence, if any, of an event
which is a Force Majeure, the party whose performance is affected, whether Ontario or
the Recipient, shall to the extent reasonably possible, minimize its adverse impact. Nei-
ther Ontario nor the Recipient shall be in breach of the Agreement, if, upon the
occurrence of a Force Majeure and after delay minimization, either Ontario or the Recip-
ient delays performance of its obligations hereunder for such reasonable period of time
so as to enable the harmed party to overcome the effects of the Force Majeure; provid-
ed, however, neither Ontario nor the Recipient shall delay performance of any obligation
of the Agreement such that, cumulatively, such delays will extend the Term for more
than two years.
11.14 Counterparts. The Agreement may be signed in counterparts, and/or by facsimile or e-
mail (PDF or other image format), each of which shall constitute an original and all of
which, when taken together, shall constitute an original Agreement.
11.15 Severability. Any provision of the Agreement prohibited by law or otherwise ineffective
will be ineffective only to the extent of such prohibition or ineffectiveness and will be
severable without invalidating or otherwise affecting the remaining provisions of the
Agreement.
11.16 No Control of Records. No provision of the Agreement will be construed so as to give
Ontario any control whatsoever over the Recipient’s records.
11.17 Disclosure of the Agreement to the Public and Third Parties.
(a) Freedom of Information and Protection of Privacy Act.
The Recipient acknowledges that Ontario is bound by the Freedom of Infor-
mation and Protection of Privacy Act (Ontario) and that Ontario may be required
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22
to disclose information contained in the Agreement or the entire Agreement itself
pursuant to the provisions of that act.
(b) Public Disclosure. The Recipient:
(i) irrevocably consents to Ontario making all or a portion of the Agreement
including but not limited to the information contained in Schedule “A”
available to the public in a form Ontario deems appropriate in Ontario’s
sole discretion. However, such consent does not apply to the information
solely contained in Schedules “A-1” and “B-1”, which in the Recipient’s
view is commercially sensitive information; and
(ii) acknowledges, without limiting its consent under section 11.17(b)(i) in any
way, that the information set forth in Schedule “A” will be made available
to the public by being posted to a government website approximately 90
days after the execution of the Agreement.
(c) Attracting Investment and Creating Jobs Act, 2012. The Recipient acknowledges
that in accordance with the requirements under the Attracting Investment and
Creating Jobs Act, 2012 (Ontario) the Agreement must be made available for in-
spection by the public, provided that commercially-sensitive information may be
redacted.
11.18 Publications, Press Releases, Media Events, Communiqués. The Recipient shall:
(a) not make any announcement with respect to the Grant, the Project, or the
Agreement, except as may be required by law, without the prior written approval
of Ontario; and
(b) if requested by Ontario, participate in a public event announcing Ontario's fund-
ing to the Recipient in connection with the Project at the Project Site, or other
venue as may be agreed between the parties.
11.19 Economic Program. The Recipient acknowledges and agrees that the Grant provided
under the Agreement is for the purpose of the administration of economic programs
and/or the provision of direct or indirect support to members of the public in connection
with economic policy, and as such section 16 of the Limitations Act, 2002 (Ontario) shall
apply.
11.20 Rights and Remedies Cumulative. The rights and remedies of Ontario under the
Agreement are cumulative and are in addition to, and not in substitution for, any of its
rights and remedies provided by law or in equity.
[remainder of this page intentionally left blank]
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The parties hereby execute the Agreement in the Province of Ontario.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as repre-
sented by the Minister of Economic Development, Job Creation
and Trade
__________________
Date of Signature
Per:_____________________________
Name: Victor Severino
Title: Assistant Deputy Minister
THE CORPORATION OF THE TOWN OF TILLSONBURG
__________________
Date of Signature
__________________
Date of Signature
Per:_____________________________
Name: Stephen Molnar
Title: Mayor
I have the authority to bind the Recipient.
Per:_____________________________
Name: Michelle Smibert
Title: Town Clerk
I have the authority to bind the Recipient.
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SCHEDULE “A”
TABLE OF SUMMARY PROJECT INFORMATION
Grant Recipient THE CORPORATION OF THE TOWN OF
TILLSONBURG
Project Location Tillsonburg
Effective Date of Agreement [insert Effective Date]
Project Start Date April 16, 2020 as long as the Recipient
agrees to the terms of the Conditional Grant
Agreement by June 29, 2020, otherwise the
Project Start Date will be the date the Recipi-
ent agrees to the terms.
Project Completion Date December 31, 2022
Project Overview The Project involves servicing of the Innova-
tion Park land including sewer, watermain
and roadwork construction that will improve
the value of the land in order to encourage
businesses to purchase land in the Innova-
tion Park.
Maximum Amount of Grant $1,205,000
Project Investment Commitment $2,410,000
Total Project Investment $4,370,700
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SCHEDULE “A-1”
PROJECT DESCRIPTION, MILESTONES, DELIVERABLES, TIMELINES
AND PROJECT RELATED DEFINITIONS
PROJECT DESCRIPTION
The Recipient has purchased and acquired 37 acres of industrial zoned land southwest of the
town centre directly on Provincial Highway 3 that it intends to create the Van Norman Innovation
Park “Innovation Park”.
The Project involves servicing of the Innovation Park land including sewer, watermain and
roadwork construction that will improve the value of the land in order to encourage businesses
to purchase land in the Innovation Park.
The Innovation Park is intended to help the Recipient attract more businesses and secure new
jobs.
The Recipient’s Project’s objectives include the following:
promoting regional economic development
attracting and retaining investment
promoting innovation
fostering collaboration and cluster development
Milestones, Deliverables and Timelines:
Milestones and timelines Deliverable(s) at this milestone
Fiscal Year 1:
(Project Start Date to and in-
cluding December 31, 2020)
Approvals required for project obtained
(ECA, Tenders, etc).
Preliminary Earthworks completed.
Underground Works and Storm Water
Management Pond completed.
Fiscal Year 2:
(January 1, 2021 to and includ-
ing December 31, 2021)
Utility Servicing completed.
Road and lot servicing completed.
Subdivision completed.
Fiscal Year 3:
(January 1, 2022 to and includ-
ing December 31, 2022)
Project Completion Date:( De-
cember 31, 2022)
Project complete.
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26
Definitions
“Project Financing” means
Source Nature of Financing Amount
Recipient Future Cash Flow from
land sales or Debt Fi-
nancing
$1,010,000
Ontario SWODF Grant $1,205,000
Recipient Debt Financing $195,000
TOTAL, being the Project In-
vestment Commitment
$2,410,000
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SCHEDULE “B”
ELIGIBLE PROJECT EXPENDITURES CATEGORIES
This schedule contains the list of Eligible Project Expenditures Categories for the Pro-
ject.
In order to be eligible, the expenditure must be incurred and paid on or after the Project
Start Date up to and including the Project Completion Date.
Deposits paid prior to the Project Start Date are not eligible.
Stacking with other provincial programs is not permitted except that the Recipient may
receive supports provided through SWODF’s complementary services (“Provincial
Stacking Exceptions”). The total amount of provincial and federal assistance for Eligi-
ble Project Expenditures, including those received from the Provincial Stacking
Exceptions (collectively, “Government Assistance”) cannot exceed 75% of the Eligible
Project Expenditures.
If Ontario determines that the Recipient has received Government Assistance that ex-
ceeds 75% of Eligible Project Expenditures, then the Recipient shall pay to Ontario,
within 20 days of being notified by Ontario, an amount equal to the excess. For clarity, in
no event shall the Recipient be required to pay to Ontario any amount under section
2.4(b) greater than the Ontario Support together with the costs of collection pursuant to
section 10.6 and interest pursuant to section 10.7.
ELIGIBLE PROJECT EXPENDITURES
The following shall be used, where necessary, to clarify the categories and description of Eligi-
ble Project Expenditures set out in the budget sections of Schedule “B-1”. They do not expand
the universe of Eligible Project Expenditures.
Eligible Project Expenditures are actual expenditures to be incurred on or after the Project Start
Date up to and including the Project Completion Date that are directly attributable to and neces-
sary for the completion of the Project and are not wholly or partially for another purpose, subject
to the terms and conditions of the Agreement, and subject to review and approval by Ontario.
Eligible Project Expenditures are one-time expenditures directly attributable to the development
and implementation of the Project.
Eligible Project Expenditures do not include ongoing expenditures associated with production or
operations. Labour, materials, overhead, and other expenditures for the production of saleable
items are not eligible.
Eligible Project Expenditures are actual cash outlays, net of applicable HST, that must be doc-
umented through invoices, receipts, or Recipient records acceptable to Ontario and are subject
to verification by an independent auditor. Evidence of payment must be maintained for audit
purposes. Acting reasonably, Ontario’s decisions as to the expenditure eligibility and valuation
shall be final and determinative.
Eligible Project Expenditures Categories:
Business Attraction Expenditures
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28
Business attraction expenditures (e.g. expenditures to support presentations to invest-
ment prospects, or to engage prospects in communities shortlisted for a specific
investment). Any business attraction expenditures spent outside of Ontario are subject to
prior written approval by Ontario.
The creation and development of presentations, consultation and marketing materials.
Project Facilities and Infrastructure required for the Project:
Construction/leasehold improvement expenditures that are directly attributable to the
Project, are eligible, subject to Ontario’s approval.
Site servicing, power service upgrades, etc. required to execute the Project are eligible.
This would include work performed under contracts and subcontracts with third parties.
For clarity, in the case of projects that involve an expansion or relocation to a larger
building, only the construction/ retrofit expenditures associated with the incremental/ ad-
ditional productive space are eligible.
Municipal economic infrastructure directly related to the Project.
Equipment and Machinery:
Equipment and machinery necessary for the successful completion of the Project.
E.g. new technology, new high-performance equipment and machinery, maintenance
equipment associated with new technologies or systems.
If new equipment is acquired via capital lease (as a method of purchase financing) the
non-interest portions of the capital lease are eligible. Interest expenditures are ineligible
under any circumstances.
Labour (one-time internal):
One-time labour expenditures must be directly attributable to the development and im-
plementation of the Project, including expenditures to set up/commission new
equipment, technology or systems for the Project.
Incremental specialized labour that is directly related to the Project (e.g. research and
development) is eligible to a maximum of two years.
This would include direct salaries, wages, and benefits, paid by the Recipient, for em-
ployees of the Recipient working on the Project and in proportion to the amount of time
spent working directly on the Project. Note: Ongoing operational and production labour
expenditures are ineligible.
o Benefits means employees’ regular entitlements for payroll-related benefits
(CPP, EI, employer health tax), medical and dental-related benefits, the actual
cost of sick leave, vacation, statutory holidays and pension. Any other benefits
must be approved by Ontario.
The Recipient is required to maintain timesheets or appropriate records for all employ-
ees working directly on the Project to verify time spent on Project work, and to verify
expenditures for audit purposes.
Bonuses that meet the following criteria are eligible:
- Non-discretionary (e.g. part of a compensation package that provides that a money
payment at a pre-determined rate, related to explicit employee performance targets);
- Paid to employees of the Recipient up to the first-level managerial level or equiva-
lent; and
- Directly related to the Project.
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Materials (one-time):
Expenditures of direct materials necessary for, and specifically identified and measured
as having been used for, the completion of the Project, including:
o Materials used for configuring and testing production processes and systems.
o Materials used for training employees.
o Materials used for prototypes.
o Other materials directly related to the Project as approved by Ontario.
Materials used for the regular production of saleable items are not eligible.
Specialized Expertise:
Specialized expertise required for the Project including third-party engineering services,
software development, management, etc.
Training and Talent:
Skills training, including employer provided training, related to the Project. For greater
clarity, expenditures for staff wages to deliver the training (i.e. internal trainer), are eligi-
ble, but wages for staff receiving the training are not.
Expenditures to provide the training (e.g. training materials) are eligible.
Training infrastructure (e.g. retrofits to a training room, equipment required for training,
etc.) is eligible.
Subject to limits approved in writing by Ontario, the following may be eligible:
o Third-party expenditures related to the training of owners and/or management to
address specific business needs.
o Expenditures to hire external expertise related to the development of a Human
Resource (HR) strategy and/or succession planning (or hiring an internal HR pro-
fessional for a period of up to one year if the function did not previously exist with
the company).
o Expenditures for the recruitment of talent to support company growth.
Permits and Fees:
Expenditures incurred by the Recipient for permits, inspections, and other fees directly
attributable to the Project (but not ongoing operations).
Other eligible expenditures directly attributable to the Project that have been approved in writing
by Ontario.
Ineligible Project Expenditures:
Only expenditures that are specified as eligible above or approved in writing by Ontario will be
eligible for reimbursement. The following expenditures, among others, are ineligible:
Ongoing Expenditures Associated with Production or Operations:
Labour, materials, overhead, and other expenditures for the production of saleable
items.
General Working Capital Requirements:
Capital requirements not directly attributable to the Project including: debt service, fed-
eral or provincial taxes, surtaxes and special expenses, e.g. legal fees.
Working capital expenditures associated with the Recipient’s regular production or oper-
ations, e.g. materials.
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30
Land or Buildings:
Expenditures related to the purchase of land or buildings.
Expenditures associated with landscaping or parking lots.
Labour (ongoing/operational):
Labour expenditures that are not directly related to the Project including ongoing produc-
tion or operations.
Project Case Preparation:
Expenditures associated with the preparation of the proposal (successful or not) such as
success fees or third-party government relations consulting services.
Vehicles and Off-Site Equipment:
Expenditures associated with the purchase/lease or operation of vehicles or off-site
equipment.
Remuneration to Shareholders:
Dividends or any type of shareholder payments.
Expenditures Not Incurred in Ontario:
Except for purchases from suppliers located outside of Ontario.
Mergers and Acquisitions.
Travel and Meal Expenses:
Expenditures for any travel, hospitality, food and incidental expenses, including but not
limited to expenses in respect of meals, snacks and beverages; gratuities; laundry, dry
cleaning and valet services; dependent care; and personal telephone calls.
Rebates, Credits and Refunds:
Any expenditures, including taxes, for which the Recipient has received, will receive, or
is eligible to receive, a rebate, credit or refund.
Distribution/shipping expenditures of marketing/sales materials, including acquisition of paid
media space, printing, and airtime.
HST.
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31
SCHEDULE “B-1”
PROJECT INVESTMENT COMMITMENT BUDGET
Fiscal
Year 1
Fiscal
Year 2
Fiscal
Year 3
Fiscal
Year 4
Total (All Fis-
cal Years)
ELIGIBLE PROJECT
EXPENDITURES
Business Attraction Expendi-
tures
0 0 0 0 0
Project Site and Infrastructure 482,000 1,446,000 482,000 0 2,410,000
Equipment & Machinery
0 0 0 0 0
Labour (one-time internal)
0 0 0 0 0
One-time Materials
0 0 0 0 0
Specialized Expertise
0 0 0 0 0
Training and Talent
0 0 0 0 0
Project-related Permits and
Fees
0 0 0 0 0
Other Eligible Project Expenditures 0 0 0 0 0
TOTAL ELIGIBLE PROJECT
EXPENDITURES
482,000 1,446,000 482,000 0 2,410,000
Note: For greater certainty, the sum of the Eligible Project Expenditures for all Fiscal Years is
the same amount as the Project Investment Commitment.
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32
SCHEDULE “C”
PROJECT STATUS REPORT
Milestone Status Table:
Provide a Project status report with respect to the achievement of Milestones, Deliverables and Timelines for the Project as de-
scribed in Schedule “A-1”.
Under the column entitled “Actual Achieved”, please outline your progress relative to each Deliverable as at the given Milestone.
Additional Comments:
Milestone Deliverables
(Please list the deliverables as they appear in Schedule “A-1”)
Actual Achieved
(Please report on progress relative to each Deliverable)
Fiscal Year 1
Fiscal Year 2
Fiscal Year 3
Fiscal Year 4
Project End
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33
Performance Measures Table:
Provide a Project status report with respect to the achievement of the performance measures highlighted below.
Performance Measure Fiscal
Year 1
Fiscal
Year 2
Fiscal
Year 3
Fiscal
Year 4
Number of private sector jobs impacted by the Project
Number of economic development partners engaged in the Project.
New private sector investment stimulated by the Project ($)
Investment in economic assets ($)
Number of innovations/new processes introduced
Number of new companies added to business park
Comments:
Eligible Project Expenditures Table:
Provide a budget status report detailing the Project Investment Commitment Budget (“PICB”) (for reference, see Schedule “B-1” for
the Project Investment Commitment Budget) and actual Eligible Project Expenditures as applicable. For rows below with zero dollar
values, insert “0” or “nil.” Explain any variances greater than 10% in any category of Eligible Project Expenditures below th e table,
under ‘Comments’.
PICB
Actual
Eligible
Project Ex-
penditures
PICB Actual
Eligible
Project
Expenditures
PICB Actual
Eligible
Project
Expenditures
PICB Actual
Eligible
Project Ex-
penditures
PICB Actual
Eligible
Project
Expenditures
Variance
Fiscal Year 1 Fiscal Year 1 Fiscal Year 2 Fiscal Year 2 Fiscal Year 3 Fiscal Year 3 Fiscal Year 4 Fiscal Year 4 Total Total
All Years All Years $ %
ELIGIBLE PROJECT
EXPENDITURES
Project Site and Infra-
structure
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34
Equipment &
Machinery
One-time internal
labour
One-time materials
Specialized Expertise
Training and Talent
Project-related permits,
fees
Other Eligible Project
Expenditures
Total Eligible Project
Expenditures
Note: Recipient to retain all records and invoices in support of paid Eligible Project Expenditures, which are subject to audit by Ontario.
Comments:
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35
SCHEDULE “D”
ANNUAL CERTIFICATE
DATE:
FISCAL YEAR:
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch, Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of
Tillsonburg (the “Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
I, [insert name and title of senior officer] of the Recipient, on behalf of the Recipient, hereby cer-
tify without personal liability as follows:
1. Attached hereto is a Project Status Report, comprised of a Milestone Status Table, Per-
formance Measures Table, and Eligible Project Expenditures Table, which is true,
complete and accurate.
2. As at the end of Fiscal Year , the Recipient is forecasting total Eligible Project Expendi-
tures of $ by the Project Completion Date [NTD: not required for final Fiscal Year].
3. On and as of the date hereof, no Event of Default, whether or not Ontario has been giv-
en notice thereof, has occurred and is continuing.
4. I have reviewed the activities of the Recipient with a view of determining whether during
Fiscal Year the Recipient has observed each of the covenants and conditions in the
Agreement. I confirm that to the best of my knowledge and belief the Recipient has ob-
served each of the covenants and conditions.
5. On and as of the date hereof, all representations and warranties contained in Article 7 of
the Agreement are true and correct.
The undersigned has signed this certificate on this day of , 202.
Per:
[insert name and title of senior officer]
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36
SCHEDULE “E”
REQUEST FOR DISBURSEMENT
Date:
Fiscal Year:
To:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch
Program Operations Unit 10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
From: The Corporation of the Town of Tillsonburg (the “Recipient”)
Re: Agreement between Ontario and the Recipient effective (the “Agreement”)
____________________________________________________________________________
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
1. I, [insert name and title of senior officer] of the Recipient, on behalf of the Recipient,
hereby certify without personal liability as follows:
(a) On and as of the date hereof, all representations and warranties contained in Ar-
ticle 7 of the Agreement are true and correct.
(b) On and as of the date hereof, no Event of Default, whether or not Ontario has
been given notice thereof, has occurred and is continuing.
(c) On and as of the date hereof, the Recipient is in actual possession of the Project
Site.
(d) On and as of the date hereof, the Recipient has not incurred a cost overrun for
the Project for which the Recipient has not obtained additional financing to pay
for any such cost.
(e) On and as of the date hereof, the Recipient is in compliance with Applicable
Laws as required pursuant to the Agreement.
(f) On and as of the date hereof, no Material Adverse Effect has occurred.
(g) Attached hereto is a Project Status Report, which includes an Eligible Project
Expenditures Table which is true and accurate and relates to Eligible Project Ex-
penditures on account of the Project which have been incurred and paid by the
Recipient during the period commencing and ending . The Eligible Project
Expenditures Table in Schedule “C” does not include any Eligible Project Ex-
penditures incurred and paid to Non-Arm’s Length suppliers. [Note: In the event
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37
that there are expenditures paid to Non-Arm’s Length suppliers include the certif-
icate or invoices required by section 5.6(b)(ii) of the Agreement.]
(h) [NTD: include the following for the second Disbursement] I certify that Eligi-
ble Project Expenditures in the amount of $ have been incurred and paid with
respect to the first Disbursement.
2. I certify that the Disbursement will be used in accordance with the Agreement.
3. I certify that the information provided herein is accurate and is being relied upon to dis-
burse funds in respect of the Grant.
4. I certify that the attached Project Status Report is true and correct.
5. As reflected in the Disbursement Status Table set out below:
(a) The Annual Cap for this Fiscal Year is $.
(b) The Support Earned (as defined in the table below) for this Fiscal Year is $.
(c) The Recipient has an unused Carry Forward Amount from previous Fiscal Years in
the amount of $.
(d) The Recipient hereby requests a Disbursement for this Fiscal Year in the amount
of $.
(e) After the requested Disbursement, the Recipient will have an unused Carry Forward
Amount in the amount of $.
Disbursement Status Table:
Maximum Grant Amount:
Disbursement
Period
Annual Cap
Amount ($)
Eligible Project
Expenditures ($)
Support Earned =
()% x Eligible Pro-
ject Expenditures
Disbursement
Amount
Unused Carry
Forward
Amount
Fiscal Year 1
Fiscal Year 2
Fiscal Year 3
Fiscal Year 4
(Performance
Payment)
Total
The undersigned has signed this certificate on this day of 202.
Per:
[insert name and title of senior officer]
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38
SCHEDULE “F”
FINAL CERTIFICATE AND REPORT
DATE:
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of Tillson-
burg (the “Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
I, [Insert name and title of senior officer] of the Recipient, on behalf of the Recipient, hereby cer-
tify without personal liability as follows:
1. The Recipient has incurred and paid a minimum of $ in total Eligible Project Expenditures.
2. Attached hereto are the final Project Status Report, which is true and accurate, and the Inde-
pendent Auditor’s Report.
3. If applicable, attached hereto are detailed calculations of the Investment Target Clawback in
accordance with the formula set out in Article 4 of the Agreement.
4. On and as of the date hereof, all representations and warranties contained in Article 7 of the
Agreement are true and correct.
5. The total Government Assistance that the Recipient has received or is entitled to receive is in
the amount of $●.
The undersigned has signed this certificate on this day of , 202.
Per: __________________
[insert name of senior officer]
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39
SCHEDULE “F-1”
INDEPENDENT AUDITOR’S REPORT
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of Tillsonburg (the
“Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
At the request of the Recipient, we have undertaken a reasonable assurance engagement of
the accompanying Schedules (the “Schedules”) relating to the Project for the period [*] to [*].
The Schedules have been prepared by management of the Recipient based on the Conditions
of Subsequent Disbursements (section 5.6) and Final Certificate and Report (section 6.7) provi-
sions of the Agreement. The Schedules include:
The final Project Status Report (Schedule “C”)
Final Certificate and Report (Schedule “F”)
Each Request for Disbursement (Schedule “E”) submitted per section 5.6(a) of the
Agreement
Management’s responsibility for the Schedules
Management of the Recipient is responsible for the preparation of the Schedules in accordance
with the Conditions of Subsequent Disbursements and Final Certificate and Report provisions of
the Agreement, and for such internal control as management of the Recipient determines is
necessary to enable the preparation of the Schedules that is free from material misstatement,
whether due to fraud or error.
Independent practitioner’s responsibility
Our responsibility is to express a reasonable assurance opinion on the Schedules, based on
the evidence we have obtained. We conducted our reasonable assurance engagement in ac-
cordance with Canadian Standard on Assurance Engagements (CSAE) 3000, Attestation
Engagements Other than Audits or Reviews of Historical Financial Information. This standard
requires that we plan and perform this engagement to obtain reasonable assurance about
whether the Schedules are fairly stated, in all material respects.
Reasonable assurance is a high level of assurance, but is not a guarantee that an engagement
conducted in accordance with this standard will always detect a material instance of non-
compliance with specified requirements when it exists. Instances of non-compliance can arise
from fraud or error and are considered material if, individually or in the aggregate, they could
reasonably be expected to influence the decisions of users of our report. A reasonable assur-
ance compliance reporting engagement involves performing procedures to obtain evidence
Page 324 of 327
40
about management’s statement of the Company’s compliance with specific requirements. The
nature, timing and extent of procedures selected depends on our professional judgement, in-
cluding an assessment of the risks of material misstatement of the Schedules, whether due to
fraud or error, and requires obtaining evidence about the preparation of the Schedules in ac-
cordance with the Agreement.
We believe that the evidence we have obtained is sufficient and appropriate to provide for a ba-
sis of our opinion.
Independence and quality control
We have complied with the relevant rules of professional conduct / code of ethics applicable to
the practice of public accounting and related to assurance engagements, issued by various pro-
fessional accounting bodies, which are founded on fundamental principles of integrity,
objectivity, professional competence and due care, confidentiality and professional behaviour.
The firm applies Canadian Standard on Quality Control 1, Quality Control for Firms that Perform
Audits and Reviews of Financial Statements, and Other Assurance Engagements and, accord-
ingly, maintains a comprehensive system of quality control, including documented policies and
procedures regarding compliance with ethical requirements, professional standards and appli-
cable legal and regulatory requirements.
Opinion
In our opinion, the Schedules of the Recipient for the period from to , are prepared, in all
material respects, in accordance with the Agreement.
Cumulative Jobs of [*insert number] have been achieved for the period between and .
Total Eligible Project Expenditures of [*insert number] have been achieved for the period be-
tween and .
Actual Final Year Payroll Achieved is [$***].
Purpose of statement and restriction on distribution and use
This report is prepared to assist the Recipient to comply with the financial reporting provisions of
the Agreement. As a result, the report may not be suitable for another pu rpose. Our report is
intended solely for the Recipient and Ontario and should not be distributed to or used by parties
other than the Recipient and Ontario.
[Practitioner's signature]
[Date]
[Practitioner's address]
Page 325 of 327
41
SCHEDULE “G”
POST-PROJECT ANNUAL REPORT
DATE:
TO:
Minister of Economic Development, Job Creation and Trade (“Ontario”)
Southwestern Ontario Development Fund
Funding Administration Branch
Program Operations Unit
10 Dundas St. E., 8th Floor
Toronto, ON M7A 0B2
Attention: Manager, Program Operations Unit
RE: Agreement between Ontario and The Corporation of the Town of Tillsonburg (the
“Recipient”) effective (the “Agreement”)
Except as otherwise defined herein, all capitalized terms shall have the meanings given to them
in the Agreement.
The Recipient has achieved the following results for the Post-Project Fiscal Year ended [insert
date]:
Performance Measure Fiscal
Year 1
Fiscal
Year 2
Fiscal
Year 3
Fiscal
Year 4
Number of private sector jobs impacted by the Project
Number of economic development partners engaged in the Project.
New private sector investment stimulated by the Project ($)
Investment in economic assets ($)
Number of innovations/new processes introduced
For each of the Performance Measures listed above, provide a description of the outcomes to
date.
Per: ___________
[insert name and title of senior officer]
Page 326 of 327
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-060
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on
the 22nd day of June, 2020.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the
Town of Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its
meeting held on June 22, 2020, with respect to every report, motion, by-law, or
other action passed and taken by the Council, including the exercise of natural
person powers, are hereby adopted, ratified and confirmed as if all such
proceedings were expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to
give effect to the action of the Council of The Corporation of the Town of Tillsonburg
referred to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of The Corporation of the Town
of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 22nd DAY OF JUNE, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY OF JUNE, 2020.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
Page 327 of 327