2021-028 Schedule A
Ministry of
Transportation
Office of the Minister
777 Bay Street, 5th Floor
Toronto ON M7A 1Z8
416 327-9200
www.ontario.ca/transportation
Ministère des
Transports
Bureau de la ministre
777, rue Bay, 5e étage
Toronto ON M7A 1Z8
416 327-9200
www.ontario.ca/transports
January 14, 2021
Mayor Stephen Molnar
Town of Tillsonburg
10 Lisgar Ave
Tillsonburg ON N4G 5A5
Dear Mayor Molnar:
RE: Dedicated Gas Tax Funds for Public Transportation Program
This Letter of Agreement between the Town of Tillsonburg (the “Municipality”) and Her
Majesty the Queen in right of the Province of Ontario, as represented by the Minister of
Transportation for the Province of Ontario (the “Ministry”), sets out the terms and conditions for
the provision and use of dedicated gas tax funds under the Dedicated Gas Tax Funds for Public
Transportation Program (the “Program”). Under the Program, the Province of Ontario provides
two cents out of the provincial gas tax to municipalities to improve Ontario’s transportation
network and support economic development in communities for public transportation
expenditures.
The Ministry intends to provide dedicated gas tax funds to the Municipality in accordance with
the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas
Tax Funds for Public Transportation Program 2020-21 Guidelines and Requirements (the
“guidelines and requirements”).
In consideration of the mutual covenants and agreements contained in this Letter of Agreement
and the guidelines and requirements, which the Municipality has reviewed and understands and
are hereby incorporated by reference, and other good and valuable consideration, the receipt
and sufficiency of which are expressly acknowledged, the Ministry and the Municipality agree as
follows:
1. To support local public transportation services in the Municipality, the Ministry agrees to
provide funding to the Municipality under the Program to a maximum amount of up to
$73,883 (“the “Maximum Funds”) in accordance with, and subject to, the terms and
conditions set out in this Letter of Agreement and, for greater clarity, the guidelines and
requirements.
2. Subject to Section 1, the Ministry will, upon receipt of a fully signed copy of this Letter of
Agreement and a copy of the authorizing municipal by-law(s) and, if applicable,
resolution(s) for the Municipality to enter into this Letter of Agreement, provide the
Municipality with $55,412; and any remaining payment(s) will be provided thereafter.
…/3
-2-
3. If another municipality authorizes the Municipality to provide local public transportation
services on its behalf and authorizes the Municipality to request and receive dedicated gas
tax funds for those services also on its behalf, the Municipality will in the by-law(s) and, if
applicable, resolution(s) described in Section 2 confirm that the Municipality has the
authority to provide those services and request and receive those funds.
4. The Municipality agrees that any amount payable under this Letter of Agreement may be
subject, at the Ministry’s sole discretion, to any other adjustments as set out in the
guidelines and requirements.
5. The Municipality will deposit the funds received under this Letter of Agreement in a
dedicated gas tax funds reserve account, and use such funds and any related interest only
in accordance with the guidelines and requirements.
6. The Municipality will adhere to the reporting and accountability measures set out in the
guidelines and requirements, and will provide all requested documents to the Ministry.
7. The Municipality agrees that the funding provided to the Municipality pursuant to this Letter
of Agreement represents the full extent of the financial contribution from the Ministry and
the Province of Ontario under the Program for the 2020-21 Program year.
8. The Ministry may terminate this Letter of Agreement at any time, without liability, penalty
or costs upon giving at least thirty (30) days written notice to the Municipality. If the
Ministry terminates this Letter of Agreement, the Ministry may take one or more of the
following actions: (a) cancel all further payments of dedicated gas tax funds; (b) demand
the payment of any dedicated gas tax funds remaining in the possession or under the
control of the Municipality; and (c) determine the reasonable costs for the Municipality to
terminate any binding agreement(s) for the acquisition of eligible public transportation
services acquired, or to be acquired, with dedicated gas tax funds provided under this
Letter of Agreement, and do either or both of the following: (i) permit the Municipality to
offset such costs against the amount the Municipality owes pursuant to paragraph 8(b);
and (ii) subject to Section 1, provide the Municipality with funding to cover, in whole or in
part, such costs. The funding may be provided only if there is an appropriation for this
purpose, and in no event will the funding result in the Maximum Funding exceeding the
amount specified under Section 1.
9. Any provisions which by their nature are intended to survive the termination or expiration
of this Letter of Agreement including, without limitation, those related to disposition,
accountability, records, audit, inspection, reporting, communication, liability, indemnity,
and rights and remedies will survive its termination or expiration.
10. This Letter of Agreement may only be amended by a written agreement duly executed by
the Ministry and the Municipality.
11. The Municipality agrees that it will not assign any of its rights or obligations, or both, under
this Letter of Agreement.
…/3
-3-
12. The invalidity or unenforceability of any provision of this Letter of Agreement will not affect
the validity or enforceability of any other provision of this Letter of Agreement. Any invalid
or unenforceable provision will be deemed to be severed.
13. The term of this Letter of Agreement will commence on the date of the last signature of
this Letter of Agreement.
14. The Municipality hereby consents to the execution by the Ministry of this Letter of
Agreement by means of an electronic signature.
If the Municipality is satisfied with and accepts the terms and conditions of this Letter of
Agreement, please print and secure the required signatures, and then deliver a fully signed pdf
copy to the Ministry at the email account below. Subject to the province's prior written consent,
including any terms and conditions the Ministry may attach to the consent, the Municipality may
execute and deliver the Letter of Agreement to the Ministry electronically. In addition, all
program documents are also to be sent to the following email account:
MTO-PGT@ontario.ca
Sincerely,
Caroline Mulroney
Minister of Transportation
I have read and understand the terms and conditions of this Letter of Agreement, as set out
above, and, by signing below, I am signifying the Municipality's consent to be bound by these
terms and conditions.
Municipality
fvkll!Qr 0J<+ttn tiolnu
Name' (print):
Title (head of council or
authorized delegate): ?~=::----,
1(b dd, cfill
Date:
rditbtl li &mlhi<t, c lv/l( .
Name (print):
Title (clerk or authorized delegate):
I have authority to •