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220214 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, February 14, 2022 4:00 PM Electronic Meeting 1.Call to Order 2.Closed Session (4:00 P.M.) Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization (Town Hall Conceptual Design) under section 239 (2) (i); and a matter of proposed or pending acquisition or disposition of land by the municipality or local board under Section 239 (2)(c) of the Municipal Act. 2.1.Adoption of the 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.Section 239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality (Town Hall Conceptual Design) 2.4.2.Section 239 (2) (c) A proposed or pending acquisition or disposition of land by the municipality or local board 2.5.Back to Open Session 3.Adoption of Agenda (6:00 P.M.) Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of February 14, 2022, be approved. 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 Regular Council meeting held on January 27, 2022, be approved. 7.Presentations 8.Public Meetings 9.Planning Reports 10.Delegations 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 13.1.Municipal Modernization Program Funding for Tillsonburg 13.2.Oxford County Resolution RE: Joint and Several Liability 13.3.Zorra Township Resolution RE: Review of the Truth and Reconciliation Call to Action Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the Ministry of Municipal Affairs Page 2 of 324 and Housing dated January 25, 2022, from the County of Oxford dated January 26, 2022, and from Zorra Township dated January 19, 2022 as information. 14.Staff Reports 14.1.Chief Administrative Officer 14.2.Corporate Services 14.2.1.CS 22-02 Accessibility Status Update 2021 Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council receives the accessibility status update 2021, as information. 14.2.2.CS 22-03 Council Meeting Date Change - February 28 Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Council for the Town of Tillsonburg receives report CS 22-03 entitled Council Meeting Date Change - February 28 as information; AND THAT the Council meeting of March 3, 2022 be cancelled and instead scheduled for Monday February 28th, 2022. 14.2.3.CS 22-05 Vaccination Data Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Council for the Town of Tillsonburg receives report CS-22-05 entitled Vaccination Data as for information. 14.3.Economic Development 14.3.1.EDM 22-03 Offer to Purchase - Lot 2B, Van Norman Innovation Park Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives Report EDM 22-03 Offer to Purchase – Lot 2B, Van Norman Innovation Park; Page 3 of 324 AND THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with North Ridge Realty (2020) Inc for the property described as Lot 2B in the Van Norman Innovation Park. 14.3.2.EDM 22-04 Funding of Remaining Costs - Purchase of 1101 Hwy 3 Property Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives Report EDM 22-04 Funding of Remaining Costs - Purchase of the 1101 Highway 3 Property as information; AND THAT the remaining costs, net of revenue and debt financing, for the purchase of the 1101 Highway 3 Property be funded from the Economic Development Reserve in the amount of $34,165.77. 14.4.Finance 14.5.Fire and Emergency Services 14.6.Operations and Development 14.6.1.OPD 22-05 - Sign Variance - 262 Broadway Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT report OPD 22-05 entitled Sign Variance – 262 Broadway be received as information; AND THAT Council approves a variance to Sign By-Law 3798 to permit an animated LED sign of 0.82 sq. m. be incorporated into a proposed new ground sign within a Neighbourhood Commercial Zone and be located within 9 metres of a residential use located at 262 Broadway (Lot 998, Plan 500). 14.6.2.OPD 22-06 Renaming of Coon Alley to Raccoon Alley Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT report OPD 22-06 Renaming of Coon Alley to Raccoon Alley be received as information; Page 4 of 324 AND THAT Council approves the renaming of Coon Alley to Raccoon Alley. 14.6.3.OPD 22-07 - Traffic By-Law Comprehensive Review - Follow-up Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT report OPD 22-07 Traffic By-Law Comprehensive Review – Follow- up be received as information; AND THAT a By-Law be brought forward for Council’s consideration to repeal and replace By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles within the Town of Tillsonburg. 14.6.4.OPD 22-08 TGO Advertising Policy Revision Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT report OPD 22-08 T:GO Advertising Policy Revision report be received as information; AND THAT Council repeals By-Law 2020-072; AND THAT council approves the attached T:GO Advertising Policy Revision, and the associated rates as outlined in the report and fees be added to the Town’s Rates and Fees By-Law. 14.7.Recreation, Culture and Parks 14.7.1.RCP 22-02 Recreation and Sports Advisory Committee Recommendation to Council - Kinsmen Pedestrian Bridge Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives the following Recreation and Sports Advisory Committee Recommendation: AND THAT the Recreation and Sports Advisory committee recognizes the importance of kinsmen pedestrian bridge as a connecting pedestrian link in Tillsonburg and that Option 1 provided in staff report OPD 21-46 of Nov 23, 2021 to council be removed from consideration and options 2, 3 and 4 be considered for implementation. Page 5 of 324 14.7.2.RCP 22-04 -Ontario Trillium Fund (OTF) Grant for the Tillsonburg Community Centre Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Report RCP 22-04, Ontario Trillium Fund (OTF) Grant for the Tillsonburg Community Centre, be received as information; and THAT the Mayor and Clerk be authorized to execute the Agreement with OTF. 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives the Tillsonburg 150 Ad Hoc Committee minutes dated January 25, 2022 and February 1, 2022, the Cultural Heritage and Special Awards Committee minutes dated February 2, 2022, the Boundary Adjustment Committee Minutes dated January 18, 2022, the Town Hall Steering Committee minutes dated January 18, 2022 and January 31, 2022, and the Affordable and Attainable Housing Committee minutes dated January 26, 2022, as information. 16.2.Conservation Authority Minutes Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Conservation Authority minutes dates January 5, 2022, as information. 17.Motions/Notice of Motions 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A By-Law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-17 #2) 19.2.A By-Law to regulate traffic and the Parking of Motor Vehicles Page 6 of 324 19.3.A By-Law to authorize an agreement of purchase and sale with North Ridge Realty Inc. 19.4.A By-Law to authorize an agreement with the Ministry of Municipal Affairs and Housing for funding under the Municipal Modernization Program (Joint Fire Service Modernization Program) 19.5.A By-Law to authorize an agreement with the Ministry of Municipal Affairs and Housing for funding under the Municipal Modernization Program (Planning and Development Service Delivery Review) 19.6.A By-Law to authorize an agreement with the Ministry of Municipal Affairs and Housing for funding under the Municipal Modernization Program (Waste Management Service) 19.7.A By-Law to authorize an agreement with the Ministry of Municipal Affairs and Housing for funding under the Municipal Modernization Program (Municipal Management Intern) 19.8.A By-Law to authorize an agreement with the Ministry of Municipal Affairs and Housing for funding under the Municipal Modernization Program (Automated Business Directory) Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT a by-law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-17 #2); and A by-law to to regulate traffic and the Parking of Motor Vehicles; and A By-Law to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc.; and Five by-laws to authorize an agreement with the Ministry of Municipal Affairs and Housing for funding under the Municipal Modernization Program for the following projects: Joint Fire Service Modernization Program- Planning and Development Service Delivery Review- Waste Management Service Delivery Solutions- Municipal Management Intern- Automated Business Directory Application Implementation - be read for a first, second, third and final reading and that the Mayor and the Clerk Page 7 of 324 be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Confirm Proceedings By-law Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT By-Law 2022-009, to Confirm the Proceedings of the Council meeting held on February 14, 2022, 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 Council Planning Meeting - February 22, 2022 at 4:30 p.m.• 22.Adjournment Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of February 14, 2022 be adjourned at ____ p.m. Page 8 of 324 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Thursday, January 27, 2022 5:00 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Parker Councillor Rosehart Regrets: Councillor Luciani Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Shane Caskanette, Fire Chief Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Ann Wright, Records and Legislative Coordinator David Drobitch, Parks & Facilities Manager _____________________________________________________________________ 1. Call to Order Chair Mayor Molnar called the meeting to order at 6:00 p.m. 2. Closed Session (5:00 p.m.) Resolution # 2022-025 Moved By: Councillor Parker Seconded By: Councillor Esseltine Page 9 of 324 2 THAT Council move into Closed Session to consider two matters of proposed or pending acquisitions or dispositions of land by the municipality or local board. Carried 2.1 Adoption of the 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 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2022-026 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT the Agenda as prepared for the Council meeting of January 27, 2022, with item 14.6.1 Staff Report OPD 22-02 being dealt following item 7.1, be approved. 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 # 2022-027 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the minutes of the Regular Council meeting held on January 10, 2022, and the minutes of the Council Budget meeting held on January 17, 2022, be approved. Carried Page 10 of 324 3 7. Presentations 7.1 AET Group Inc. - Tillsonburg Solid Waste Management Service Delivery Review Shaun Spalding, Senior Consultant, along with Larry Feeiburger, Director of Operations from AET Group Inc. were in attendance to present to Council regarding Tillsonburg Solid Waste Management Service Delivery Review. Resolution # 2022-028 Moved By: Councillor Esseltine Seconded By: Councillor Gilvesy THAT Council receives the presentation from Shaun Spalding of AET Group Inc. regarding the Tillsonburg Solid Waste Management Service Delivery Review; AND THAT this information be referred to item 14.6.1 staff report OPD 22- 02, for consideration. Carried 8. Public Meetings 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 12. COVID-19 Mayor Molnar provided an update. 13. Information Items 13.1 Ministry of Municipal Affairs and Housing Re: Bill 276 and Bill 13 Resolution # 2022-029 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives the correspondence from the Ministry of Municipal Affairs and Housing dated January 6, 2022 as information. Carried 14. Staff Reports Page 11 of 324 4 14.1 Chief Administrative Officer 14.2 Corporate Services 14.3 Economic Development 14.3.1 EDM 22-02 Land Swap with Thames Valley District School Board Resolution # 2022-030 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives report EDM 22-02 Land Swap with Thames Valley District School Board; AND THAT Council approves the transfer of the constructed Grandview Drive public Right-of-Way “as-is” to the Thames Valley District School Board in exchange for the constructed Dereham Drive Right-of-Way “as-is” in order to satisfactorily complete the Site Plan conditions for the development of the Westfield Public School and allow for the future extension of services to the rear development lands through the Dereham Drive Right-of-Way; AND THAT the public road, Grandview Drive, described as Parts 1 and 2, Plan 41R-9064, be closed. Carried 14.4 Finance 14.4.1 FIN 22-06 2022 Final Budget and Departmental Business Plans Resolution # 2022-031 Moved By: Deputy Mayor Beres Seconded By: Councillor Rosehart THAT the 2022 Operating Budget of $27,734,900 with a levy of $15,842,400, and the 2022 Capital Budget of $8,619,900 with a levy of $1,749,000, being a combined budget amount of $36,354,800 with $17,591,400 from taxation, be adopted; AND THAT a future By-Law be brought forward setting the 2022 Property Tax Rates. Carried Page 12 of 324 5 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 22-02 Tillsonburg Solid Waste Management Service Delivery Review Resolution # 2022-032 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT report OPD 22-02 Tillsonburg Solid Waste Management Service Delivery Review Results be received as information; AND THAT Council directs Staff to proceed with the procurement and implementation of the projects included in Table 1. Strategic Recommendations if the Province approves the funding application submitted under the Municipal Modernization Program – Intake 3 implementation Stream; AND THAT Council direct staff to implement option: Option 1 – Maintain the Status Quo for the annual Curbside Loose Leaf Collection Program; AND THAT Tipping Fees be reinstated immediately; AND THAT a report on alternatives to the current Leaf Collection process and to investigate the opportunity to open the transfer station up to non residents for higher fees be brought to council for the 2023 budget. Carried 14.6.2 OPD 22-03 Airport Fence and Powered Cantilever Gate Resolution # 2022-033 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT report OPD 22-03 Airport Fence and Powered Cantilever Gate be received as information. Carried 14.7 Recreation, Culture and Parks Page 13 of 324 6 14.7.1 RCP 22-01 Outdoor Rink Vandalism and Damage Resolution # 2022-034 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Staff Report RCP 22-01, Outdoor Rink Vandalism and Damage be received as information; and THAT Council direct staff to implement Recommendations #3, 7, 8, 9 and 11 as identified within the report; and THAT all associated financial impacts or variances for the recommendations approved by Council, be covered within existing means including the Recreation, Culture & Parks annual operating budget and partnerships. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2022-035 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Tillsonburg 150 Ad Hoc Committee minutes dated January 4, 2022, the Cultural Heritage and Special Awards Committee minutes dated January 5, 2022, and the Economic Development Advisory Committee Minutes dated January 11, 2022, as information. Carried 16.2 Conservation Authority Minutes Resolution # 2022-036 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the Long Point Conservation Authority minutes dated December 1, 2021, as information. Carried Page 14 of 324 7 17. Motions/Notice of Motions Resolution # 2022-037 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT staff provide Council with a quarterly report which provides a financial update pertaining to expenses, income and losses in revenue due to COVID with a breakdown for each department Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2022-008 to appoint an Interim Deputy Clerk - Ann Wright Resolution # 2022-038 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT By-Law 2022-008 to appoint an interim Deputy Clerk for the Town of Tillsonburg (Ann Wright) 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 # 2022-039 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT By-Law 2022-007, to Confirm the Proceedings of the Council meeting held on January 27, 2022, 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  Regular Council Meeting - February 14, 2022 at 6:00 p.m.  Council Planning Meeting - February 22, 2022 at 4:30 p.m. Page 15 of 324 8 22. Adjournment Resolution # 2022-040 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres THAT the Council meeting of January 27, 2022 be adjourned at 7:52 p.m. Carried Page 16 of 324 …/2 234-2021-5311 January 25, 2022 Your Worship Mayor Stephen Molnar Town of Tillsonburg Dear Mayor Molnar: Thank you for your application to the third intake of the Municipal Modernization Program and for your commitment to delivering modern, efficient services that are financially sustainable. Under the third-party review stream, I am pleased to inform you that the Ford government will provide funding of up to: • $71,232 towards: Town of Tillsonburg Planning and Development Service Delivery Review. All funding is for the cost of an independent third-party reviewer to deliver a final report with specific and actionable recommendations for cost-savings and efficiencies by January 31, 2023. Under the implementation project stream, I am pleased to inform you that the Ford government will provide funding of up to: • $66,144 towards: Town of Tillsonburg Waste Management Service Delivery Solutions; • $26,458 towards: Town of Tillsonburg Automated Business Directory Application Implementation; and • $49,608 towards: Town of Tillsonburg Municipal Management Intern. The provincial funding is for up to 65% of total eligible costs to implement the project and complete a final report that forecasts annual savings and other efficiency outcomes by February 28, 2023. In 2019, the Ford government launched the MMP to help small and rural municipalities modernize service delivery and identify new ways to be more efficient and effective. The impacts of the COVID-19 outbreak have made this work more important than ever. The projects approved for funding under the third intake of the Municipal Modernization Program will support municipalities’ efforts to conduct service delivery reviews to find Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 Page 17 of 324 -2- efficiencies or implement a range of projects, including developing online systems to improve the local process for approving residential and industrial developments to bring housing and employment-related development on stream faster, or setting up new shared services with neighbouring municipalities. I understand how important this work will be to your community. To help you get started, an interim payment will be issued following execution of a transfer payment agreement. Ministry staff will forward instructions and a transfer payment agreement for each approved project in the coming days and will work with you to have it finalized. If you have questions, please contact your municipal advisor, or email municipal.programs@ontario.ca. I would like to offer my congratulations on this funding approval and extend my best wishes as you work to improve service delivery and administrative efficiency in your municipality. Sincerely, Steve Clark Minister c. Kyle Pratt, Chief Administrative Officer Renato Pullia, Interim Director of Finance/Treasurer Ernie Hardeman, MPP, Oxford Page 18 of 324 Municipal Council of the County of Oxford Council Meeting - Oxford County Date:Wednesday, January 26, 2022 Moved By:Deborah Tait Seconded By:Ted Comiskey Resolved that Correspondence Items 7.1 and 7.2 on the Open meeting Agenda of January 26, 2022 be received; And whereas municipal governments provide essential services to the residents and businesses in their communities; and Whereas the ability to provide those services is negatively impacted by exponentially rising insurance costs; and Whereas one driver of rising insurance costs is the legal principle of ‘joint and several liability,’ which assigns disproportionate liability to municipalities for an incident relative to their responsibility for it; and Whereas, the Government of Ontario has the authority and responsibility for the legal framework of ‘joint and several liability;’ and Whereas the Premier of Ontario committed to review the issue in 2018 with a view to helping municipal governments manage their risks and costs; and Whereas the Association of Municipalities of Ontario on behalf of municipal governments has provided recommendations in a source document to align municipal liability with the proportionate responsibility for incidents and capping awards; Now, therefore be it resolved, that the County of Oxford hereby supports AMO’s recommendations; and Further be it resolved that the County of Oxford hereby calls on the Attorney General of Ontario to work with municipal governments to put forward a plan of action to address “joint and several liability” before the end of the government’s current term so that municipalities can continue to offer high quality services to their communities. Motion Carried___________________________ Resolution No. 3 Page 19 of 324 1/18/22, 3:36 PM Call to Action – Joint and Several Liability | AMO https://www.amo.on.ca/advocacy/municipal-gov-finance/call-action-joint-and-several-liability 1/3 Call to Action – Joint and Several Liability Policy Update •January 06, 2022 In 2018, Premier Ford committed to reviewing the matter of municipal joint and several liability. This review was conducted in 2019 with AMO and municipalities fully participating. Unfortunately, the results of this provincial review have not been released and municipalities are still awaiting news of how the Attorney General will address this important matter. As municipal leaders are aware, liability and risks are one major driver of exponentially increasing insurance costs. However, managing risk and liability also has environmental impacts such as road salt application affecting wetlands and water quality in our lakes and streams. To help drive the policy discussion, AMO submitted “Towards a Reasonable Balance – Addressing Growing Municipal Liability and Insurance Costs” in October 2019 that provides a refresh on the municipal argument to find a balance to the issues and challenges presented by joint and several liability, including implementing full proportionate liability and a cap on economic loss awards. It provided seven straightforward recommendations for actions to deal with this problem. AMO is now asking for municipal councils to lend their support to the 7 recommendations contained in the AMO submission to re-establish the priority for provincial action on this issue. Councils are encouraged to pass a resolution when you next meet to ask the government to work with us on a plan for resolution before the end of its current mandate. AMO has linked a draft resolution template for municipalities to use for their correspondence. Page 20 of 324 1/18/22, 3:36 PM Call to Action – Joint and Several Liability | AMO Please send your supportive resolutions to the Attorney General, the Honourable Doug Downey at attorneygeneral@ontario.ca and copy the Minister of Municipal Affairs and Housing, the Honourable Steve Clark at minister.mah@ontario.ca as well as the AMO President, Jamie McGarvey, at amopresident@amo.on.ca. Contact: Craig Reid Senior Advisor creid@amo.on.ca T 416.971.9856 ext. 334 Contact: Lianne Sauter Policy Advisor lsauter@amo.on.ca Page 21 of 324 1/18/22, 3:23 PM Advocacy Update: Joint and Several Liability Reform https://amcto.informz.net/informzdataservice/onlineversion/ind/bWFpbGluZ2luc3RhbmNlaWQ9MTAzOTMzNDMmc3Vic2NyaWJlcmlkPTEwMTA3ODQ…1/3 We're continuing to collaborate with our municipal partners to advocate for change View this email in your browser. About AMCTO |Education & Events |Advocacy & Policy January 18, 2022 Advocacy Update: Joint and Several Liability Reform For years AMCTO and other municipal associations and stakeholders have advocated for Joint and Several Liability reform with successive provincial governments. AMCTO has brought forward the concerns of our members during ministry delegations, in pre-budget submissions, and with an Issue at a Glance. In 2018, the Ford Government announced a consultation and review of Joint and Several and the sector has been eagerly awaiting a response from the Ministry of the Attorney General. As outlined in our local government priorities document, the need for reform is particularly necessary now given the impact Joint and Several Liability has had on increasing municipal insurance premiums – costs ultimately carried by the taxpayer. On behalf of our members, we Page 22 of 324 1/18/22, 3:23 PM Advocacy Update: Joint and Several Liability Reform https://amcto.informz.net/informzdataservice/onlineversion/ind/bWFpbGluZ2luc3RhbmNlaWQ9MTAzOTMzNDMmc3Vic2NyaWJlcmlkPTEwMTA3ODQ…2/3 continue to advocate for change. In response to AMO’s call to action on Joint and Several Liability, we have written to Attorney General Doug Downey endorsing their recommendations. With a few months left in this government’s mandate, there is a short window of opportunity to encourage movement on this issue. AMO is calling on municipalities to write to the Attorney General with council resolutions supporting the following recommendations: 1. The provincial government adopt a model of full proportionate liability to replace joint and several liability. 2. Implement enhancements to the existing limitations period including the continued applicability of the existing 10-day rule on slip and fall cases given recent judicial interpretations, and whether a 1-year limitation period may be beneficial. 3. Implement a cap for economic loss awards. 4. Increase the catastrophic impairment default benefit limit to $2 million and increase the third- party liability coverage to $2 million in government regulated automobile insurance plans. 5. Assess and implement additional measures which would support lower premiums or alternatives to the provision of insurance services by other entities such as non-profit insurance reciprocals. 6. Compel the insurance industry to supply all necessary financial evidence including premiums, claims, and deductible limit changes which support its, and municipal arguments as to the fiscal impact of joint and several liability. 7. Establish a provincial and municipal working group to consider the above and put forward recommendations to the Attorney General. We look forward to continuing to work with our municipal association colleagues on this and other important policy issues. Stay tuned for more resources and toolkits around our local government priorities for the 2022 provincial election to come. For more information or questions about how you can get involved in our advocacy efforts, please contact: Alana Del Greco Manager, Policy & Government Relations adelgreco@amcto.com Charlotte Caza Policy Advisor ccaza@amcto.com Page 23 of 324 CORPORATION OF THE TOWNSHIP OF ZORRA 274620 27th Line, PO Box 306 Ingersoll, ON, N5C 3K5 Ph. 519-485-2490 • 1-888-699-3868 • Fax 519-485-2520 Item 9(a) Date: January 19, 2022 26-01-2022 Moved by Katie Grigg Seconded by Steve MacDonald THAT Zorra Township Council undertake a review of the Truth and Reconciliation calls to action directed at municipal government and devise a Zorra-specific list of action items before the end of 2022; AND THAT this motion be circulated to Oxford County area municipalities for potential collaboration opportunities. ☒ Carried ☐ Defeated ☐ Recorded Vote ☐ Deferred Recorded Vote: Yea Nay Mayor Ryan Councillor Forbes Councillor Davies Councillor Mitchell Councillor MacDonald Mayor Page 24 of 324 Page 1 of 3 Subject: Accessibility Status Update 2021 Report Number: CS 22-02 Department: Corporate Services Department Submitted by: Amelia Jaggard, Deputy Clerk Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT Council receives the accessibility status update 2021, as information. BACKGROUND The Multi-Year Accessibility Plan 2019-2023 indicates that an annual status report will be completed to document the progress and measures taken to implement the Town of Tillsonburg’s strategy and meet the requirements of the Integrated Accessibility Standards Regulation. DISCUSSION 2021 Accessibility Achievements Accessibility achievements in 2021 included:  Playground Equipment Replacement Program – Glendale Park Playground – Barrier Free Play Structure – Installed April 2021.  Sidewalk Connectivity Program Implementation – completed second quarter.  Paved service of Trans Canada Trail between Quarter Town Line and Tillson Avenue – completed third quarter.  Customer Service Centre Façade update – main entrance vestibule was enlarged to enhance accessibility – completed second quarter.  Community Grants process digitized – fourth quarter.  Community Improvement Plan Application – 141 Broadway – Accessible Renovation Grant awarded. Page 25 of 324 CS 22-02 Page 2 of 3 Accessibility Advisory Committee The Accessibility Advisory Committee met three times in 2021. The Committee provided feedback on Town projects including the Wayfinding Signage project and the Library Lane and Keating Alley redesign concepts. The next Accessibility Advisory Committee meeting is scheduled for March 8, 2022. Oxford County Joint Accessibility Advisory Committee The annual Oxford County Joint Accessibility Advisory Committee meeting was held virtually on November 8, 2021. The Committee heard a provincial policy update, an update regarding Oxford County accessible housing and a presentation regarding the Service and Support Animal Initiative (SSAI). 2022 Projects The following list of projects were included in the approved 2022 final budget and departmental business plans. These projects will improve the accessibility of Town facilities and services.  Mobile Application for reporting and service requests – fourth quarter.  Airport Website redesign – third quarter.  Implement CloudPermit customer payment integration – second quarter.  Implement Planning Application Web Portal & Digital Service Delivery – fourth quarter.  Lindsay St Reconstruction – third quarter.  Frances St Reconstruction – third quarter.  Wayfinding Signage – fourth quarter.  Completion of New Splash Pad – second quarter.  Tillsonburg Community Centre Aquatic Centre Rehabilitation – second quarter (completion 2023).  LLWP Building Replacement – Subject to grant award – fourth quarter.  New Playground Apparatus – Southridge and Cranberry – second quarter.  Accessible parking spot at Fire Station – second quarter.  Town Hall Project – Design Development.  Tillsonburg Hydro Inc. Website Update.  Community Improvement Plan Application – Accessible Renovation Grants Available. Page 26 of 324 CS 22-02 Page 3 of 3 Feedback The Town of Tillsonburg welcomes public input as feedback helps to identify areas where changes need to be considered and ways in which we can improve facilities, goods and services. Should a member of the public wish to provide general feedback, comments or suggestion on how to improve accessibility in our facilities, goods or services please contact clerks@tillsonburg.ca or 519-688-3009 or complete an Accessibility Comment or Complaint Form as found on the Town of Tillsonburg website at the following link: https://www.tillsonburg.ca/en/town-hall/Accessibility.aspx CONSULTATION Senior Leadership Team. FINANCIAL IMPACT/FUNDING SOURCE None. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Directions – Provide an expanded, accessible network of parks and trails. – Update municipal sports facilities consistent with modern standards. Ongoing Projects – New playgrounds construction. ATTACHMENTS None. Page 27 of 324 Page 1 of 2 Subject: Council Meeting date change Report Number: CS 22-03 Department: Corporate Services Department Submitted by: Michelle Smibert Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT the Council meeting of March 3, 2022 be cancelled and instead scheduled for Monday February 28th. DISCUSSION When the Council Calendar was planned out, consideration was given to municipal conferences. The February 28th Council meeting date originally conflicted with the Ontario Good Roads Association conference but that has now been rescheduled to April 10-13. The April 11th Council meeting will need to be changed but staff will consult with Council before bringing back a report on any changes. CONSULTATION Council, staff FINANCIAL IMPACT/FUNDING SOURCE None CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement Page 28 of 324 CS 22-03 Page 2 of 2 ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☒ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. ATTACHMENTS Appendix A – none Page 29 of 324 Page 1 of 2 Subject: Vaccination Policy – reporting on vaccination data Report Number: CS 22-05 Department: Corporate Services Department Submitted by: Michelle Smibert Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION That the report regarding the vaccination data as it relates to the Vaccination Policy be received for information. BACKGROUND At its meeting on October 25, 2021, Council approved a Vaccination Policy and the following action was also included: “And that staff are directed to report back to Council regarding vaccination data.” DISCUSSION The following information is provided to Council in terms of the vaccination data collected to date:  The vaccination rate for Town employees is 91%  There are 18 employees participating in the rapid antigen screening program  We have no medical or religious accommodations at this time  Unfortunately, we have had to terminate 3 employees due to refusal to comply with the policy  51 Committee members still need to provide their vaccination status, and unfortunately we have had one member tender their resignation CONSULTATION Manager of Human Resources Page 30 of 324 CS 22-05 Page 2 of 2 FINANCIAL IMPACT/FUNDING SOURCE N/A as the costs for the rapid antigen tests are funded by the Province CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☒ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. ATTACHMENTS Appendix A – none Page 31 of 324 Page 1 of 5 Subject: Offer to Purchase – Lot 2B, Van Norman Innovation Park Report Number: EDM 22-03 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT Council receives Report EDM 22-03 Offer to Purchase – Lot 2B, Van Norman Innovation Park; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with North Ridge Realty (2020) Inc for the property described as Lot 2B in the Van Norman Innovation Park. BACKGROUND Council directed staff to bring the offer to purchase from North Ridge Realty (2020) Inc for two additional acres of industrial land in the Van Norman Innovation Park to Open Council for consideration. Council approved the original sale of two Acres of land to North Ridge Realty (2020) Inc on March 8, 2021. The original sale to North Ridge Realty was approved to enable the relocation of Northern Specialties to the Van Norman Innovation Park with the construction of an approximately 13,900 square foot office, warehousing and valued added processing facility along with the retention of approximately seven jobs in the Town of Tillsonburg. At that time, they indicated that there was potential for additional expansions and future employment growth. Since then, they have secured an exclusive partnership with an established envelope manufacturing in the United Kingdom. This will give them access to an additional 1,500 products and has resulted in the need for more space. They will be servicing the US market as well and this will result in the creation of more jobs in Tillsonburg. Page 32 of 324 EDM 22-03 Page 2 of 5 DISCUSSION The following map shows the original two acre parcel and the additional two acres being considered in this report. Subject Property – Original and Additional 2.0 Acres (Total of 4 Acres) The details of their offer to purchase are: Offer Details Staff Comments Price $90,000 Staff notes year price was established. Development Commissioner notes that appraisal is underway. Acreage 2 Acres Price/Acre $45,000/Acre Irrevocable Date February 18, 2022 Page 33 of 324 EDM 22-03 Page 3 of 5 Conditional “As-is” Date March 15, 2022 Completion Date March 31, 2022 Proposed Uses Same, expansion of original use Purchaser Conditions None Timelines for Development 3 years from closing to start construction and 1 additional year to complete construction The original offer included a reduction in the minimum coverage from the Town’s standard of 20% to 16% and this offer matches the lot coverage previously approved by Council. A 16% lot minimum lot coverage results in a requirement for an additional 13,939 square foot building expansion to be constructed. While three years to start construction is a longer period, it will enable North Ridge time to construct their initial building and then move to this property in a timely fashion. Based on the proposed expansion by North Ridge Realty (2020) Inc in the Town of Tillsonburg, the Development Commissioner is recommending that the offer to purchase received be approved. CONSULTATION Council had previously granted a Right of First Refusal to the property owner to the North (2776807 Ontario Inc) for two additional acres of land adjacent to their property. Following review with the Town’s solicitor, notice of the third party offer to purchase from North Ridge Realty was provided to 2776807 Ontario Inc on December 23, 2021 with a written response received on December 31, 2021 indicating that they were not interested in exercising their First Right of Refusal. However, they did indicate that they would want Page 34 of 324 EDM 22-03 Page 4 of 5 the Right of First Refusal to be reinstated should the transaction with North Ridge Realty not proceed. The Development Commissioner supports the reinstatement of the First Right of Refusal for 2776807 Ontario Inc should this agreement not proceed to close. The issue of the remnant two acre parcel (the subject property) was discussed at a Manager’s meeting and subsequently with the Development and Operations Department in conjunction with the discussion regarding the remnant 1.05 Acre parcel that was just sold to 1677123 Ontario Inc (Lot 3B to the south). The Engineering Department’s suggestion to retain a strip of land along the west side of the 1.05 Acres to the south in order to provide an access option for these rear lands was incorporated into the agreement with the purchaser of Lot 3B. It should be noted that, as a transaction for this property is proceeding, the aforementioned access/servicing easement along the west side of Lot 3B to the south will no longer be required. The Van Norman Innovation Park has been well advertised including on the Town’s website, an on-site sign that has been present since 2009 and many different marketing opportunities and advertisements. FINANCIAL IMPACT/FUNDING SOURCE The asking price for lands in the Van Norman Innovation Park is $50,000/acre and negotiated prices have generally been at the $50,000/acre level for transactions. The revised offer to purchase from North Ridge Realty has been received at a value of $90,000 or $45,000/Acre. Staff did negotiate a higher price of $55,000/acre for the first two acres purchased by North Ridge Realty based on the higher value of the two acres along the frontage versus these rear lands. That value of $55,000 per acre represents the highest value per acre negotiated to date. The revised offer of $45,000/acre results in a blended price for the two parcels of land of $50,000, which is in line with the other transactions in the Van Norman Innovation Park. Based on BMA 2021 data of $1.03 per square foot in tax revenue for a standard industrial building, the tax revenue for the proposed 13,939 square foot building is estimated at $14,357, but would double to $28,714 with the expansion. It is important to note that, due to the significant increases in assessed values being experienced across the Province, a new industrial building could have a significantly higher assessed value (although the assessed value would still have to be in line with the existing industrial assessments in the area). Hence, the potential tax revenue might be higher. The land sale revenue from this transaction ($90K) will be used to pay the Town’s legal and closing costs (approximately $5K) with the net amount being contributed to the Page 35 of 324 EDM 22-03 Page 5 of 5 Economic Development Reserve. The funds in the Economic Development Reserve ($732K forecasted 2022 ending balance) will be used to offset all expenditures related to the development of the Van Norman Innovation Park including servicing costs required to enable the development to proceed. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☒ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction – Ensure adequate supply of “shovel ready” land for business attraction and expansion. Priority Project – Ongoing Projects - Marketing and build out of Van Norman Innovation Park ATTACHMENTS Appendix A – Offer to Purchase – North Ridge Realty (2020) Inc Page 36 of 324 Page 37 of 324 Page 38 of 324 Page 39 of 324 Page 40 of 324 Page 41 of 324 Page 42 of 324 Page 43 of 324 Page 44 of 324 Page 45 of 324 Page 46 of 324 Page 47 of 324 Page 48 of 324 Page 49 of 324 Page 1 of 3 Subject: Funding of Remaining Costs - Purchase of 1101 Highway 3 Property Report Number: EDM 22-04 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT Council receives Report EDM 22-04 Funding of Remaining Costs - Purchase of the 1101 Highway 3 Property; AND THAT the remaining costs, net of revenue and debt financing, for the purchase of the 1101 Highway 3 Property be funded from the Economic Development Reserve in the amount of $34,165.77. BACKGROUND Council approved the acquisition of the 1101 Highway 3 Property through a series of staff reports in 2020 followed by the subsequent sale of the non-industrial portions of the property in 2021. The $1.75 Million acquisition price was funded through a combination of debt proceeds and land sale revenue. In addition to the purchase price, there were also various related costs for legal, surveying and other costs. All of the costs related to the transactions were not known at the time that debt financing was obtained and these additional costs, offset by agricultural land revenue, have resulted in an unfunded liability of $34,165.77. Due to the smaller amount of the liability, the Director of Finance has recommended that these costs be funded from the Economic Development Reserve. DISCUSSION The acquisition price of $1.75 M was paid in 2020 with proceeds from the sale of the non- industrial portions of the property being received in early 2021 when that transaction closed. Staff are seeking Council direction to fund the remaining costs from the Economic Page 50 of 324 EDM 22-04 Page 2 of 3 Development Reserve as it does not make financial sense to enter into a long term debenture for this amount especially when alternate funding is available. CONSULTATION The Director of Finance has recommended that these additional costs be funded from the Economic Development Reserve. FINANCIAL IMPACT/FUNDING SOURCE The acquisition and related costs and revenues for the various transactions are: Description Amount Purchase Price $1,750,000 Legal, Closing, Survey, Property Maintenance, etc, Costs $76,174 Total Costs $1,826,174 Debenture Proceeds $900,000 Sale of Non-Industrial Lands $875,000 Agricultural Land Rental (2020) $17,008 Net Costs $34,166 The project balance for the Economic Development Reserve as of December 31, 2021 is $1,552,520. With $820,400 in offsets for previously approved draws from the Economic Development Reserve, the projected December 31, 2022 remaining funds are estimated at $732,120. Thus, there should be sufficient funds to cover these costs as well as future draws on the reserve funds. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☒ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Page 51 of 324 EDM 22-04 Page 3 of 3 Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction – Ensure adequate supply of “shovel ready” land for business attraction and expansion. Priority Project – Short Term - Build out of new industrial land purchase ATTACHMENTS – N/A Page 52 of 324 Page 1 of 3 Subject: Sign Variance – 262 Broadway Report Number: OPD 22-05 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT report OPD 22-05 Sign Variance – 262 Broadway be received as information; AND THAT Council approves a variance to Sign By-Law 3798 to permit an animated LED sign of 0.82 sq. m. be incorporated into a proposed new ground sign within a Neighbourhood Commercial Zone and be located within 9 metres of a residential use located at 262 Broadway (Lot 998, Plan 500). BACKGROUND Building Services received a request from Maurice J. Verhoeve Funeral Homes-Burial and Cremation Service Inc. for the construction of a ground sign to replace an existing ground sign. A review of the request revealed that the proposed sign and location would not comply with Sign By-Law 3798 and therefore could not be processed/issued. This information was provided to the applicant and subsequently the applicant requested that the sign and the proposed location be considered for a variance to the Sign By-Law. DISCUSSION The applicant proposes to construct a two-sided ground sign incorporating a 0.82 sq. m. (9 sq. ft.) LED animated display to be located in front of the business as indicated on the attached drawings. The purpose of the signage is to replace the existing ground sign and electronic message board. Sign By-Law 3798 notes the following related to this request and the application requires relief from: 8.0 Animated Signs Page 53 of 324 OPD 22-05 – Sign Variance – 262 Broadway Page 2 of 3 b) Animated signs may only be installed in Service Commercial, Industrial and Institutional zones. e) Animated signs shall have a radius setback of 30 meters (98.4 feet) to any residential or passive use recreation zoned properties and any property used for residential or passive use purposes. In this case: • The proposed animated portion of the ground sign will be located in a Neighbourhood Commercial Zone. • The proposed animated sign will be placed within 9 metres of a residential use. Section 9.1(c) notes that variances can be considered and those which are deemed not to be minor in nature will be considered by Council for a final decision. CONSULTATION A public notice was circulated to adjacent properties and no comments or concerns were received in favour or against the application. Internal departments were also consulted and the following comments were received: Town of Tillsonburg – Engineering Department 1. The owner is to ensure that locates are completed prior to construction 2. The owner is to ensure that an Encroachment Permit is applied for and approved prior to construction Based on the information provided, staff makes note that this variance is major in nature and affects the intent of Sign By-Law 3798. Based on a site specific evaluation completed by staff and the nature and intent of the signage, staff recommends that the sign variance request be granted. FINANCIAL IMPACT/FUNDING SOURCE None CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion Page 54 of 324 OPD 22-05 – Sign Variance – 262 Broadway Page 3 of 3 ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS Appendix A - 262 Broadway Sign Variance - Site Plan & Elevation Page 55 of 324 OPD 22-05 – SIGN VARIANCE - 262 BROADWAY SITE PLAN ELEVATIONS Page 56 of 324 Page 1 of 3 Subject: Renaming of Coon Alley to Raccoon Alley Report Number: OPD 22-06 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT report OPD 22-06 Renaming of Coon Alley to Raccoon Alley be received as information; AND THAT Council approves the renaming of Coon Alley to Raccoon Alley. BACKGROUND The Town received an inquiry related to the naming of Coon Alley noting that it may be racially offensive and to consider renaming. At the December 13, 2021 meeting of Tillsonburg Town Council, the following resolution was passed: Resolution # 2021-550 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Coon Alley located in the Town of Tillsonburg be renamed Raccoon Alley; AND THAT staff bring a report back to Council on the renaming of Coon Alley to Raccoon Alley. Page 57 of 324 OPD 22-06 – Renaming of Coon Alley to Raccoon Alley Page 2 of 3 DISCUSSION As municipalities across Canada continue to prioritize racial justice, diversity and inclusion in their communities, the Town of Tillsonburg is recommending that an alley in its downtown core be renamed. Coon Alley is one of the Town’s oldest streets and runs parallel to Broadway, between Bidwell Street and Rolph Street. At this time, Town staff are recommending that it be renamed “Raccoon Alley” in keeping with similar animal-inspired alleys in the downtown core. The revised name, Raccoon Alley, will minimize confusion as to the origins of the name while maintaining the historic integrity of the street. CONSULTATION A public notice was posted on the Town website and local paper for consultation. The following comments were received in favour or against and are summarized below. POSITION NUMBER OF COMMENTS GENERAL COMMENTS FOR 8 - Prioritization of racial justice, diversity, and inclusion (2 comments) - Assume cost to rename is low (2 comments) - Still in keeping with animal named streets in the area (1 comment) - Eliminate the possibility of offending the BIPOC community with a perceived racial slur (3 comments) - Can feedback from the Black, Indigenous and People of Color (BIPOC) community be collected? (1 comment) - Bad impression from visitors who don’t know the use of the term “coon” to refer to raccoons (2 comments) AGAINST 9 - No need to “correct” history (1 comment) - Waste of tax dollars (5 comments) - Have not heard of any complaints (1 comment) - “Coon” only refers to raccoons, and isn’t used in a derogatory way (3 comments) Page 58 of 324 OPD 22-06 – Renaming of Coon Alley to Raccoon Alley Page 3 of 3 Canada Post and internal database consultation was completed which verified that no residents/customers will be affected by the proposed name change. FINANCIAL IMPACT/FUNDING SOURCE Sign installation/modifications and communications will be funded from the approved 2022 Public Works and Communications operational budgets in the amount of $2,348.00 as follows: Public Works (signs, labour, equipt. & admin.) $1922.00 Communications (admin. & advertising) $ 426.00 Total $2348.00 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – N/A ATTACHMENTS N/A Page 59 of 324 Page 1 of 3 Subject: Traffic By-Law Comprehensive Review – Follow-up Report Number: OPD 22-07 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT report OPD 22-07 Traffic By-Law Comprehensive Review – Follow-up be received as information; AND THAT a By-Law be brought forward for Council’s consideration to repeal and replace By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles within the Town of Tillsonburg. BACKGROUND A comprehensive review of the current Traffic and Parking of Motor Vehicles By-Law 3701, which regulates traffic and parking of motor vehicles in the Town of Tillsonburg, was recently completed and presented to Council in report OPD 21-57 on December 13, 2021. The following resolution was carried: Resolution # 2021-547 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT report OPD 21-57 Traffic By-Law Comprehensive Review be received as information; AND THAT the Draft Traffic By-Law be sent to the Police Services Board for comment and review. DISCUSSION The proposed By-Law was circulated to the Tillsonburg Police Services Board. Page 60 of 324 OPD 22-07 – Traffic By-Law Comprehensive Review – Follow-up Page 2 of 3 The proposed By-Law was also amended where required to reference Raccoon Alley which is subject to the approval of the renaming of this alley from Coon to Raccoon. CONSULTATION As requested, the proposed Traffic and Parking of Motor Vehicle By-Law was circulated to the Tillsonburg Police Services Board for review and comment which was supported based on correction/clarification of the following: Schedule 7: Prohibited Turns (Section 20) Amended No Left turns to the following: -Broadway at 247 Broadway Northbound (Anytime) -Broadway at 200 Broadway Southbound (Anytime) -73 Oxford St at Oxford St (Exiting 73 Oxford St.) Westbound (Anytime) The following resolution was carried on January 19, 2022: Resolution # 437 Moved By: L. Scanlan Seconded By: G. Horvath RESOLVED that the Tillsonburg Police Services Board has reviewed and supports By-Law OPD21-57 as amended. FINANCIAL IMPACT/FUNDING SOURCE Sign installation/modifications will be funded from the approved 2022 Public Works operational budget. No additional funding required to complete this work. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Page 61 of 324 OPD 22-07 – Traffic By-Law Comprehensive Review – Follow-up Page 3 of 3 Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – Short Term – Municipal Service Review ATTACHMENTS N/A Page 62 of 324 Page 1 of 3 Subject: T: GO Advertising Policy Revision Report Number: OPD 22-08 Department: Operations and Development Department Submitted by: Ashley Taylor, Transit Coordinator Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT report OPD 22-08 T:GO Advertising Policy Revision report be received as information; AND THAT Council repeals By-Law 2020-072; AND THAT council approves the attached T:GO Advertising Policy Revision, and the following associated rates and fees be added to the Town’s Rates and Fees By-law: 2022 Fee Advertising – T:GO In-Town Vehicle (1 Month) $438 Advertising – T:GO In-Town Vehicle (3 Months) $1,008 Advertising – T:GO In-Town Vehicle (6 Months) $1,818 Advertising – T:GO Inter-Community Vehicle (1 Month) $507 Advertising – T:GO Inter-Community Vehicle (3 Months) $1,077 Advertising – T:GO Inter-Community Vehicle (6 Months) $1,887 BACKGROUND T:GO operates one In-Town transit route and four Inter-Community transit routes. These transit routes are serviced using four vehicles. On July 2nd 2020, Voyago was contacted to provide the T:GO service for the Town of Tillsonburg. On July 13th 2020 Council approved Policy 11-006: T:GO Advertising Policy. Recently, T:GO vehicles have had Public Transit decaling installed on the exterior of the vehicles. This new decaling leaves space on both sides of each vehicle for advertisements. Page 63 of 324 OPD 22-08 T:GO Advertising Policy Revision Page 2 of 3 DISCUSSION The previous Policy 11-006: T:GO Advertising Policy references a contracted third party ‘Company’ which would have the right to sell advertising space on the T:GO vehicles for the purpose of posting advertisements. The T:GO Advertising Policy Revision has been updated to remove the ‘Company’. In its place, ‘the Town’ is the overseer of the sale and coordination of advertising space on the vehicles. This ensures maximum revenue from the sale of the advertisement space. Other changes to the revised policy can be found in Section 5: Advertising Terms to reflect that the Town will be coordinating the production, installation and removal of the advertisements on the buses. CONSULTATION The Tillsonburg Transit Advisory Committee has provided input and supports advertising on the T:GO vehicles. FINANCIAL IMPACT/FUNDING SOURCE Providing advertising space on T:GO vehicles is an additional source of revenue for both the Inter-Community service and the In-Town T:GO service. Providing advertising space on the transit vehicles will also provide businesses with an opportunity to promote their business. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☒ Connectivity and transportation ☐ Not Applicable Goal – Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction – Provide alternatives to automobile travel through active transportation and public transit. Priority Project – Not Applicable Page 64 of 324 OPD 22-08 T:GO Advertising Policy Revision Page 3 of 3 ATTACHMENTS Appendix A – T:GO Advertising Policy Revision Appendix B – T:GO Advertising Rates and Fees Page 65 of 324 11-006 Page 1 of 6 TRANSPORATION Policy 11-006: T:GO Advertising Policy Approval Date: July, 13, 2020 Approval Authority: Council, By-Law 2020-072 Effective Date: August 01, 2020 Next Scheduled Review Year: 2025 Department: Operations and Development Services Last reviewed: Month, n/a Revision Date/s: February 2, 2022 Schedules: n/a POLICY STATEMENT The Town of Tillsonburg welcomes and encourages advertising. All advertising shall be consistent with the Town of Tillsonburg’s vision, mission, and values, and will not compromise or contradict any by-law or policy of the Town, or negatively reflect on the Town’s reputation or public image. The T:GO Advertising Policy is based on providing guidance on acceptable advertising to be posted on transit vehicles operating under contract with the Town of Tillsonburg. The Town is guided by the general principles embodied in the Canadian Code of Advertising Standards, in determining the acceptance of advertising. The Town will not accept advertising of questionable taste or which is irritating in its content or method of presentation. Advertising must not condone any form of personal discrimination, including discrimination on a prohibited ground pursuant to the Canadian Human Rights Act and the Province of Ontario’s Human Rights Code. Advertising, including advertising of a political or a religious nature, is permitted provided that it meets the requirements of these Standards and of generally accepted advertising standards, including the Canadian Code of Advertising Standards. However, all political advertising will indicate that the advertisement is paid for by a party or candidate so as to avoid giving the impression that the Town is supporting a given party or candidate. Page 66 of 324 11-006 Page 2 of 6 The Canadian Charter of Rights and Freedoms guarantees everyone the rights and freedoms set out therein, including the right to freedom of expression. In a 2009 court decision, the Supreme Court of Canada ruled that a public transit agency is subject to the Charter in its role as the host of the advertising. In choosing to accept advertising on T:GO vehicles, the Town must not limit the expression of an Advertiser by refusing an Advertisement except as permitted under Section 1 and/or 2(b) of the Charter as applicable. Advertising that promotes the values of the Town of Tillsonburg shall be encouraged to promote: Connected – A strong sense of community, a history of engagement and collaboration, and strong connections to surrounding markets based on a strategic location within Southwestern Ontario. Enriched – A high quality of life evidenced by community centre programs, opportunities to be meaningfully involved, abundance of parks and green spaces, and a rural/ urban influence that combines for a sustainable, comfortable pace. Inspired – An entrepreneurial spirit and strong work ethic with leadership in agri- business and related ventures and a track record of “Made in Tillsonburg” solutions. SCOPE This policy applies to the operation of T:GO Transit for both the In-Town service and the Inter-Community Pilot Project service. DEFINITIONS Advertisement is defined as any message (the content of which is controlled by the Advertiser), or proposed message, with the intent to influence T:GO riders’ choice, opinion or behavior, which message is posted (or is to be posted), and includes Advocacy Advertisements and Election Signs. Advertiser is defined as the entity requesting from the Town of Tillsonburg to post Advertisements on T:GO operated vehicles or property. Advertising Standards Canada is the not-for-profit Canadian advertising industry body committed to creating and maintaining community confidence in advertising and to ensuring the integrity and viability of advertising through industry self-regulation. Page 67 of 324 11-006 Page 3 of 6 Advocacy Advertisement is defined as an Advertisement which presents information or a point-of-view that attempts to influence public opinion on specific political, economic or social issues. Applicable Laws is defined as any federal, provincial or municipal law, rule, statute, regulation, by-law (including Town of Tillsonburg by-laws), order, ordinance, protocol, policy, notice, direction, judgment or other requirement issued by any government, board, commission or tribunal, or any court or regulation-making entity, or regulatory authority having jurisdiction over advertising. Applicable laws shall include T:GO policies. For greater clarity, Applicable laws include the Ontario Human Rights Code. Canadian Code of Advertising Standards is the Advertising Standards of Canada Code and is the advertising industry’s principal instrument of advertising self-regulation in Canada administered by Advertising Standards Canada. The Advertising Standards Canada Code sets the criteria for acceptable advertising and forms the basis upon which advertising is evaluated in response to consumer, trade or special interest group complaints. The Town is defined as the entity which has the right to sell advertising space on T:GO Property for the purpose of posting Advertisements. Election Signs is defined as any sign, including an outsider election sign, advertising or promoting a candidate in a federal, provincial or municipal election, including an election of a local board or commission; or a sign intended to influence persons to vote for or against any candidate or any question or bylaw submitted to the electors under Section 8 of the Municipal Elections Act, 1996. Operator is defined as the contractor and their employees operating the service through a contract with the Town of Tillsonburg. Service Area is defined as the Communities served with transit stops including the Town of Tillsonburg. T:GO Property is defined as all lands, facilities, structures, stations and vehicles owned, leased, occupied, maintained or operated on behalf of T:GO. Page 68 of 324 11-006 Page 4 of 6 IMPLEMENTATION PROCEDURE 1. Advertising: The Town encourages advertising that:  Recognizes the changing roles of men and women in today’s society and reflects this in the distribution of labour, the range of occupations shown and the assignment of roles in the workplace and in the home;  Portrays people as they are – of varying ages, appearances, ethnic and cultural heritages;  Portrays people as users, buyers and decision makers, and not as inappropriately dependent upon the product being advertised;  Uses models for other than solely attention getting purposes, avoiding particularly the display of lightly clothed models whose presence is not relevant to the product being advertised;  Portrays positive body images of people, avoiding the use of extreme and inappropriate postures that inappropriately accentuate one part of the body, thereby fragmenting that part from the total person; and,  Promotes the values and vision of the local economy within the Town of Tillsonburg and surrounding area. The Town will only accept advertising that does not, in the opinion of the Town, disparage any Town service or promote a product by drawing a negative comparison with a Town service, or discourages the use of public transit. In keeping with the Canadian Code of Advertising Standards, in all cases, advertising shall not:  Demean, denigrate, or disparage any identifiable person, group or persons, organization, profession, product or service, or attempt to bring them into any public contempt or ridicule;  Undermine human dignity, or display obvious indifference to, or encourage, gratuitously and without merit, conduct or attitudes that offend the standards of public decency among a significant segment of a population; and, Page 69 of 324 11-006 Page 5 of 6  Appear in a realistic manner to exploit, condone or incite violence, nor appear to condone, encourage or exhibit obvious indifference to unlawful behaviour. Although the Town is guided by the Canadian Code of Advertising Standards, the Town is the sole and final arbiter in all matters relating to advertising acceptance. The Town may refuse, or order removal of any advertising material at any time at its absolute discretion. 2. Disagreement: The following process shall be applied in cases of disagreement between the Town and a potential advertiser:  Potential advertisers shall deal with the Town directly, and the Town shall interpret the policy.  A contract must be signed with the Town before the matter will be considered by the Town. In cases where the content of the ad is in dispute, the contract will be signed “subject to approval” by the Town; Should a change in policy be requested or a question of policy interpretation be raised by potential advertisers, the Town may become involved, at its discretion. The Town continues to be the sole and final arbiter in all matters relating to Town advertising acceptance. Tobacco and Vaping product Advertisements are not acceptable. Any displays depicting the use of tobacco and vaping or consumption of tobacco or vaping products shall be refused. The Town agrees that advertising is to be accepted based on all current or future policies of acceptable advertising and the Town shall not be held responsible for any loss of advertising business as a result of any changes it shall make in its policy regarding the acceptability of certain types of advertising or individual advertisements. Advertisements of alcoholic products may be accepted so long as permitted by law whether Federal, Provincial or Municipal or the Liquor Licencing Board of Ontario. Notwithstanding the above, the Town may at any time, with 90 days advance notice, alter its policy on the advertising of alcoholic products. 3. Complaints: Page 70 of 324 11-006 Page 6 of 6 A person wishing to make a complaint about an Advertisement posted on T:GO Property may file the complaint with Advertising Standards Canada at www.adstandards.com Should the Operator or the Town receive a complaint of an Advertisement posted on T:GO Property, the Operator and the Town shall direct the complainant to file the complaint with Advertising Standards Canada at www.adstandards.com In the event that Advertising Standards Canada determines that a complaint in not within its mandate to investigate, the complaint shall be referred to the Town for review to determine whether the Advertisement at issue complies with the Guidelines for Acceptance as set out in this policy. The Town shall have the right to reject or remove, any Advertisement from Town Property at no cost to the Town. 4. Service Disruptions: It is understood that best efforts are made to ensure vehicles are operating on the routes as much as possible. In the event of a vehicle with advertising is out of service for whatever reason, there will not be any refund provided. 5. Advertising Terms: Advertisers must adhere to the following terms:  Advertising signs will comply with the specifications set forth by the Town.  The advertiser will be responsible for providing the town with a high resolution JPEG file.  The Town will arrange for the production of the approved advertisements.  Approved ads will be installed by the Town.  Expired ads will be removed from their locations by the Town.  Advertising expiration dates will be in the terms of the contract. All contracts will have specified terms with a clear time limit. Preference is to be given to local and small businesses in both pricing and scheduling for placement of ads on the bus. The Town of Tillsonburg reserves the right to schedule advertising space for its own purposes to promote services and public messages as the Town feels necessary. Page 71 of 324 T:GO Advertising Rates and Fees 2022 Fee Advertising – T:GO In-Town Vehicle (1 Month) $438 Advertising – T:GO In-Town Vehicle (3 Months) $1,008 Advertising – T:GO In-Town Vehicle (6 Months) $1,818 Advertising – T:GO Inter-Community Vehicle (1 Month) $507 Advertising – T:GO Inter-Community Vehicle (3 Months) $1,077 Advertising – T:GO Inter-Community Vehicle (6 Months) $1,887 Page 72 of 324 Page 1 of 3 Subject: Recreation and Sports Advisory Committee Recommendation Report Number: RCP 22-02 Department: Recreation, Culture and Parks Department Submitted by: Andrea Greenway Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT Council receives the following Recreation and Sports Advisory Committee Recommendation: THAT the Recreation and Sports Advisory committee recognizes the importance of kinsmen pedestrian bridge as a connecting pedestrian link in Tillsonburg and that Option 1 provided in staff report OPD 21-46 of Nov 23, 2021 to council be removed from consideration and options 2, 3 and 4 be considered for implementation. BACKGROUND At its November 23, 2021 meeting, Council made the following resolution regarding Kinsmen Pedestrian Bridge: Resolution # 2021-505 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT report OPD 21-46 Kinsmen Pedestrian Bridge be received as information and be deferred until the following information has been made available to both Council and the Public: 1. Pros and cons of a heritage designation on the Kinsmen Bridge; 2. Potential funding available for Options 2, 3 and 4 with Option 2 including any potential funding with or without the heritage designation; Page 73 of 324 RCP 22-02 Page 2 of 3 3. Cost per household added to tax bills to fund Options 2, 3 and 4; 4. Photos of examples of Option 4, new bridges. AND THAT once all information is compiled an open house presenting all options, costing, funding, tax increase and potential heritage designation take place to inform and allow the public to have input on this significant historical Town asset. AND THAT all the above information be forwarded to appropriate committees and service groups, in particular the Kinsmen Club for comment and review. Carried DISCUSSION As per Council direction, the information regarding the options for the Kinsmen Pedestrian Bridge was brought forward to the Recreation and Sports Advisory Committee at its January meeting for input. The committee discussed the GM BluePlan Engineering presentation that was provided to Council at the November 23 Council meeting. Committee members were confident that the bridge is a necessity and well used piece of infrastructure in town and an important connection link for pedestrians. The members also noted that this is a point of interest and a beautiful landmark that makes the town special and unique. The Committee passed the following resolution: Resolution #3 Moved by: Carrie Lewis Seconded by: Scott Gooding THAT the Recreation and Sports Advisory committee recognizes the importance of kinsmen pedestrian bridge as a connecting pedestrian link in Tillsonburg and that Option 1 in the proposal to council be removed from consideration and options 2, 3 and 4 be considered for implementation. Carried CONSULTATION The Recreation and Sports Advisory Committee provided feedback on the Kinsmen Pedestrian Bridge options as presented by GM BluePlan Engineering. Page 74 of 324 RCP 22-02 Page 3 of 3 FINANCIAL IMPACT/FUNDING SOURCE Financial impact will be determined based on which option Council moves forward with. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☒ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction – Develop a robust, long-term asset management plan to inform evidence-based decisions on the maintenance, rehabilitation and replacement of municipal infrastructure. Priority Project – Not Applicable. ATTACHMENTS None Page 75 of 324 Page 1 of 3 Subject: Ontario Trillium Fund (OTF) Grant for the Tillsonburg Community Centre Report Number: RCP 22-04 Department: Recreation, Culture and Parks Department Submitted by: David Drobitch, Manager of Parks and Facilities Meeting Type: Council Meeting Meeting Date: Monday, February 14, 2022 RECOMMENDATION THAT Report RCP 22-04, Ontario Trillium Fund (OTF) Grant for the Tillsonburg Community Centre, be received as information; and THAT the Mayor and Clerk be authorized to execute the Agreement with OTF. BACKGROUND Staff are pleased to confirm that our recent grant application made under the Ontario Trillium Foundation’s Community Building Fund - Capital Stream, was successful in securing $148,500. The purpose of this report is to inform Council of the successful award and to authorize the Mayor and Clerk to sign the Agreement on behalf of the Corporation of the Town of Tillsonburg. DISCUSSION The Ontario Trillium Foundation has recently issued a new grant opportunity for municipalities and other not-for-profit organizations to “Repair, renovate or retrofit existing sport and recreation facilities to help strengthen communities” as part of the wider strategy to support Ontario’s recovery from COVID-19 impacts. Factors considered in the grant process include extending the life of existing facilities, reducing access barriers, and pandemic resiliency such as the reduction of touch-points, among others. This grant provides for up to $150,000 and is 100% funded. The Tillsonburg Community Centre is a large complex that has been built in multiple phases since 1947. RCP Staff diligently assessed the needs of the facility in light of the Page 76 of 324 RCP 22-04 Choose an item. Click or tap here to enter text. Page 2 of 3 goals of the grant. Care was taken to ensure the proposal did not overlap other on-site projects. The project application is targeted at the repair, renovation and retrofit of various doors / door hardware at TCC. This work will see the replacement of various rotted/rusted metal doors at key exterior locations, the installation of automatic doors and power door operators and identified locations and, the conversion of certain door hardware from ‘round’ to ‘lever’ operation that supports the intentions of the AODA legislation, by demonstrating the Town’s diligence towards the reduction of barriers under the Accessibility for Ontarians with Disabilities Act (AODA). It is important to note that this work will be completely separate with no overlap from work associated with the ICIP / Aquatics project also in progress at the Community Centre. This separation is both administrative and physical in nature by focusing the work outlined in the project with other areas of the facility. It is anticipated that the procurement and installation processes can be completed by this summer. CONSULTATION The following staff / agencies were involved in this project: Ontario Trillium Fund, Tillsonburg Fire Department (Code requirements), Tillsonburg Building Department (Code requirements), an industry-specific supplier (project costing) and RCP TCC Staff. FINANCIAL IMPACT/FUNDING SOURCE The approved OTF grant is for $148,500 and funded at 100%. Finance staff will prepare an appropriate budget cost centre for processing payment and offsetting the grant proceeds. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☒ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Page 77 of 324 RCP 22-04 Choose an item. Click or tap here to enter text. Page 3 of 3 Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – Update municipal sports facilities consistent with modern standards. Priority Project – Immediate Term – Community Centre rehabilitation. ATTACHMENTS N/A Page 78 of 324 Tillsonburg 150 Ad-Hoc Committee Minutes, January 25, 2022 Page 1 of 2 The Corporation of the Town of Tillsonburg Tillsonburg 150 Ad Hoc Committee January 25, 2022 5:00 p.m. Electronic Meeting MINUTES Present: Christine Wade – Chair, Joan Weston, Collette Takacs, Aleksandra Webber, Deputy Mayor Dave Beres, Courtney Booth, Rosemary Dean Absent with Regrets: Also Present: Patty Phelps, Culture and Heritage Manager/Curator Colleen Pepper, Communications Officer Ann Wright, Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 5:00 p.m. by Chair Christine Wade 2. Adoption of Agenda Proposed Resolution #1 Moved by: Deputy Dave Beres Seconded by: Collette Takacs THAT the Agenda as prepared for the Tillsonburg 150 Ad-Hoc Committee meeting of January 25, 2022, be adopted. Carried 3. Minutes of the Previous Meeting January 4, 2021 Committee Minutes no error or omissions Page 79 of 324 Tillsonburg 150 Ad Hoc Committee Minutes, January 25, 2022 Page 2 of 2 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of Pecuniary Interest 5. General Business and Reports 5.1. Tillsonburg 150 Events Review & Implementation 5.1.1. Discussion RE: Beer Tent Dane Wilson in attendance on behalf of Kinsmen Club of Tillsonburg to answer any questions regarding the possibility of the Kinsmen Club hosting a beer tent during the Whiskey Jack Concert. Rosemary Joined the meeting 5:14 p.m. The chair asked for a raise of hands from the members to see who was in favour of asking the Kinsmen Club to host a bear tent. Collette Takacs will reach back out to the Kinsmen Club with parameters i.e. time, location. It was noted my staff that a Town’s Event Permit needs to be submitted for the day’s events. Discussion regarding involvement of other Service Club, Churches, organizations. To be disused further at next meeting. Courtney updated the Committee that the cost associated with the Time Capsule is being donated by Grassmere Construction Ltd. 5.2. Council Decision Letter 5.3. Committee Vacancy Update 6. Next Meeting February 1, 2022 at 4:00 – 6:00 p.m. extended meeting time 7. Adjournment Resolution #2 Moved by: Rosemary Dean Seconded by: Alexandra Webber THAT the January 25, 2022 Tillsonburg 150 Ad-Hoc Committee meeting be adjourned at 6:02 p.m. Carried Page 80 of 324 Tillsonburg 150 Ad-Hoc Committee Minutes, February 1, 2022 Page 1 of 2 The Corporation of the Town of Tillsonburg Tillsonburg 150 Ad Hoc Committee February 1, 2022 4:00 p.m. Electronic Meeting MINUTES Present: Christine Wade – Chair, Joan Weston, Aleksandra Webber, Courtney Booth Absent with Regrets: Deputy Mayor Dave Beres, Rosemary Dean, Collette Takacs Also Present: Patty Phelps, Culture and Heritage Manager/Curator Colleen Pepper, Communications Officer Margaret Puhr - Administrative Assistant – Recreation, Culture & Parks Ann Wright, Deputy Clerk / Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:14 p.m. by Chair Christine Wade 2. Adoption of Agenda Resolution #1 Moved by: Joan Weston Seconded by: Courtney Booth THAT the Agenda as prepared for the Tillsonburg 150 Ad-Hoc Committee meeting of February 01, 2022, be adopted. Carried Page 81 of 324 Tillsonburg 150 Ad Hoc Committee Minutes, February 1, 2022 Page 2 of 2 3. Minutes of the Previous Meeting January 25, 2021 Committee Minutes - no errors omissions 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosure of pecuniary Interest 5. General Business and Reports 5.1. Tillsonburg 150 Events Review & Implementation 5.1.1. Discussion regarding Branding & Advertising - Colleen Pepper, Communications Officer in attendance. A communication plan was discussed and a Tillsonburg 150 Logo was presented to the Committee and the Committee approved the logo as presented. The Committee began to systematically go through each event that is planned for the day and itemized tasks to be completed and/or assigned. The Chair provided an overview of the proposed School Art contest – teacher The Committee was in agreement on moving forward with the art contest. The Chair provided an overview of the proposed Graphic Contest – in collaboration with the Station Arts Centre. The Committee was in agreement on moving forward with the graphic contest. 6. Next Meeting February 15, 2022 at 4:00 p.m. 7. Adjournment Resolution #2 Moved by: Joan Weston Seconded by: Aleksandra Webber THAT the February 1st, 2022 Tillsonburg 150 Ad-Hoc Committee meeting be adjourned at 6:01 p.m. Carried Page 82 of 324 Cultural, Heritage & Special Awards Committee Minutes Page 1 of 3 February 2, 2022 The Corporation of the Town of Tillsonburg CULTURE, HERITAGE AND SPECIAL AWARDS COMMITTEE February 2, 2022 4:30 p.m. Electronic MINUTES Present: Chair - Courtney Booth, Carrie Lewis, Nisha Khan, Rosemary Dean, Councillor Penny Esseltine, Jason Pankratz Absent with Regrets: Collette Takacs, Tabitha Verbuyst, Staff Present: Ann Wright - Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:36 p.m. by the Vice Chair, Carrie Lewis. 2. Adoption of Agenda Resolution #1 Moved by: Jason Pankratz Seconded by: Nisha Khan THAT the Agenda as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of February 2, 2022, be adopted. Carried 3. Previous Minutes January 5, 2022 Minutes – No errors or omissions Page 83 of 324 Cultural, Heritage & Special Awards Committee Minutes Page 2 of 3 February 2, 2022 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest. 5. Presentations 6. General Business & Reports 6.1. Minor Variance Application for 41 King Street – Comments or Concerns 41 King Street is a registered Heritage Property 6.1.1. A01-22 Minor Variance Application 6.1.2. Design Specs 6.1.3. Google Map Images of 41 King Street Project Manager Haydon Diamond was in attendance to speak to the application and answer any questions from the Committee in regard to the proposed addition. Resolution #2 Moved by: Carrie Lewis Seconded by: Jason Pankratz THAT the Cultural, Heritage and Special Awards Committee supports the Minor Variance application A01-22 submitted for 41 King Street in regards to the Heritage aspects of the proposed addition as presented; AND THAT the Committee requests that if the application is approved by the Committee of Adjustment that the following condition be included: That the bricks being removed from the existing home where the addition is to be attached, be salvaged and given to the Cultural, Heritage and Special Awards Committee to be determined how they shall be preserved due to their Heritage attributes. Carried 6.2. Heritage Designation The Committee discussed moving forward with researching properties, structures etc. with heritage significance throughout the Town. Each member is to come back at the next meeting with 3-5 properties, areas, or monuments, town wide, which will be discussed for heritage listing. 6.3. Goal Setting Discussion for 2022 The Committee recapped accomplishments from 2021 and started to get goals for 2022. Members are to come back with some names for possible nominations for the Tillsonburg Volunteer Achievement Awards to the next meeting in hopes to bring it to Council in March. 7. Next Meeting Wednesday, March 2, 2022 at 4:30 p.m. Page 84 of 324 Cultural, Heritage & Special Awards Committee Minutes Page 3 of 3 February 2, 2022 8. Adjournment Resolution #3 Moved by: Rosemary Dean Seconded by: Courtney Booth THAT the February 2, 2022 Culture, Heritage and Special Awards Advisory Committee meeting be adjourned at 5:20 p.m. Carried Page 85 of 324 Page 1 of 3 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee January 18, 2022 10:00 a.m. Virtual Meeting MINUTES Present: Cindy Allen, Sherry Hamilton, Rick Martin, Mayor Molnar and Councillor Luciani Absent with Regrets: Stephanie Ellens-Clark, Kathryn Leatherhead, Lynn Temoin Also Present: Ashley Taylor, Transit Coordinator Carlos Reyes, Director of Operations and Development 1. Call to Order The meeting was called to order at 10:05 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Cindy Allen Seconded by: Rick Martin THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of January 18 2022, be adopted. Carried 3. Minutes of the Previous Meeting 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosure of pecuniary interest were declared. Page 86 of 324 Page 2 of 3 5. General Business and Reports 5.1. In Town Transit Update 5.1.1. Statistics Staff provided an overview of the In-Town Statistics. The In-Town bus had 925 riders in November 2021 and 920 riders in December 2021. 5.1.2. New Bus Route It was suggested to reach out to Glendale high school to market the new bus route to high school students. The new brochure, bus shelters, ‘coming soon’ bus signage and digital tickets were discussed. 5.2. Inter-community Transit Update 5.2.1. Statistics Staff provided an overview of the Inter-Community Statistics. There was discussion on promotion of the Port Burwell run. 5.3. Bus Decals The new bus decals were shown. 5.4. Bus Advertising Staff presented information on bus advertisements. The committee discussed the length of the advertisement terms, In-town vs Inter-Community fees, who should be given priority to advertise and advertisements on the interior on the vehicles. 5.5. Christmas Bus Staff provided an update on the Christmas bus ridership from 2021. 6. Next Meeting March 15, 2022 at 10:00 a.m. 7. Adjournment Resolution #3 Moved by: Cindy Allen Seconded by: Councillor Luciani THAT the January 18, 2022 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:15 a.m. Page 87 of 324 Page 3 of 3 Carried Page 88 of 324 Page 1 of 3 The Corporation of the Town of Tillsonburg Boundary Adjustment Advisory Committee January 18, 2022 7:30 a.m. Electronic MINUTES Present: Jesse Goossens, Andrew Burns, Eric Gilbert, Dave Beres (Chair), Cedric Tomico, Mayor Stephen Molnar Also Present: Kyle Pratt, Chief Administrative Officer Kennedy Atkinson, Acting Executive Assistant Cephas Panschow, Development Commissioner 1. Call to Order The meeting was called to order at 7:35 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Jesse Goossens Seconded by: Andrew Burns THAT the Agenda as prepared for the Boundary Adjustment Advisory Committee meeting of January 18th 2022, be adopted. CARRIED 3. Minutes of the Previous Meeting Resolution #2 Moved by: Jesse Goossens Page 89 of 324 Page 2 of 3 Seconded by: Mayor Stephen Molnar THAT the Minutes as prepared for the Boundary Adjustment Advisory Committee meeting on November 16, 2021, be adopted. CARRIED 4.Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Presentations 5.1 Presentation from Eric Gilbert on the Tillsonburg Residential Land Supply Update Briefing Note Cedric Tomico entered the meeting at 7:43. a.m. Eric Gilbert joined the meeting to present the Tillsonburg residential land supply and discussed a 25 year growth strategy. The Committee discussed the possibility of having an annexation of land until justification to bring said land into the Boundary of Tillsonburg to avoid a shortage in the future. It was suggested that staff look at low priority agriculture areas around Tillsonburg that has a low impact on agriculture resources. 5.2. Presentation from Eric Gilbert on the Settlement Expansion Process Briefing Memo The Committee and Eric Gilbert discussed the renewal of the Hempson Report in 2023 and the hectare/ unit ratio in Tillsonburg. It was debated if the amount of townhouses and apartments effects the ratio as projected in the Hempson report. Eric Gilbert stated that he would have an updated mapping in the first quarter of 2022 and he will share this with the Committee. 6.Closed Session Resolution #3 Moved by: Jesse Goossens Seconded by: Andrew Burns THAT the Boundary Adjustment Advisory Committee move into closed session to discuss a property owner’s request. CARRIED 7.Round Table Page 90 of 324 Page 3 of 3 It was requested from the Committee to enter into conversation with the Oxford County Planner, to provide additional mapping, and verify the data in regards to the hectare/unit ratio. It was also requested that staff investigate the land restrictions around Tillsonburg (such as agricultural impact). It was questioned if the Hempson report needs to be held off until 2023 or if this process can be brought forward early. Resolution #4 Moved by: Cedric Tomico Seconded by: Jesse Goossens THAT the Boundary Adjustment Advisory Committee requests Staff to provide a map of available lands for expansion with settlement. CARRIED 8.Next Meeting February 15th 7:30 a.m. 9. Adjournment Resolution #5 Moved by: Cedric Tomico Seconded by: Jesse Goossens THAT the January 18th, 2022 Boundary Adjustment Advisory Committee meeting be adjourned at 8:59 a.m. CARRIED Page 91 of 324 The Corporation of the Town of Tillsonburg Town Hall Steering Committee Meeting January 18, 2022 12:00 p.m. Electronic MINUTES Present: Councilor Penny Esseltine, Mayor Stephen Molnar, Rick Strouth, Dennis Vasser, John Veldman (Chair), Travis Forrest, Councilor Pete Luciani, Andrew Gilvesy, Yaser Rahmanian, Jesse Goossens, Paul Sapounzi Staff Present: Kennedy Atkinson, Acting Executive Assistant Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Cephas Panschow, Development Commissioner Renato Pullia, Interim Director of Finance/Treasurer Carlos Reyes, Director of Operations and Development Geno Vanhaelewyn, Chief Building Official 1. Call to Order The Town Hall Steering Committee meeting was called to order at 12:05 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Rick Strouth Seconded by: Councilor Penny Esseltine THAT the Agenda as prepared for the Town Hall Steering Committee meeting of January 18, 2021, be adopted. CARRIED 3. Minutes of the Previous Meeting Resolution #2 Page 92 of 324 Moved by: Mayor Molnar Seconded by: Councilor Pete Luciani THAT the Minutes as prepared for the Town Hall Steering Committee meeting of October 8, 2021, be adopted. CARRIED 4. Disclosures of Pecuniary Interest and the General Nature Thereof None 5. Closed Session Resolution #3 Moved by: Rick Strouth Seconded by: Andrew Gilvesy THAT the Town Hall Steering Committee move into closed session to consider a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (Town Hall Conceptual Designs) CARRIED 6. General Business and Reports None 7. Round Table It was requested that a second meeting be scheduled in two weeks’ time and that more visuals be provided for the Committee in addition to Environmental details in regards to the Gray Field Site such as a conceptual design. 8. Next Meeting The Next Town Hall Steering Committee meeting will take place on Tuesday January 31st at 10:00 a.m. 9. Adjournment Resolution #4 Moved by: Rick Strouth Seconded by: Jesse Goossens THAT the January 18, 2022 Town Hall Steering Committee meeting be adjourned at 2:04 p.m. CARRIED Page 93 of 324 Page 1 of 2 The Corporation of the Town of Tillsonburg Town Hall Steering Committee Meeting January 31, 2022 10:00 a.m. Electronic MINUTES 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved by: Rick Strouth Seconded by:Jesse Goossens THAT the Agenda as prepared for the Town Hall Steering Committee meeting of January 31, 2022, be adopted. CARRIED Present: Jesse Goossens, John Veldman (Chair), Councillor Penny Esseltine, Rick Strouth, Travis Forrest, Chris Baird, Yaser Rahmanian, Dennis Vasser, Paul Sapounzi Staff Present: Kennedy Atkinson, Acting Executive Assistant Kyle Pratt, Chief Administrative Officer Cephas Panchow, Development Commissoner Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Carlos Reyes, Director of Operations and Development Absent: Mayor Stephen Molnar, Andrew Gilvesy, Pete Luciani This meeting was called to order at 10:07 a.m. Page 94 of 324 Page 2 of 2 7.Back to Open Session 8.Round Table Proposed Resolution #3 Moved by: Rick Strouth Seconded by: Jesse Goossens THAT the Town Hall Steering Committee move into closed session to consider a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (Town Hall Conceptual Designs) CARRIED 3.Minutes of the Previous Meeting Proposed Resolution #2 Moved by: Jesse Goossens Seconded by: Rick Strouth THAT the Minutes as prepared for the Town Hall Steering Committee meeting of January 18, 2022, be adopted. CARRIED 4.Disclosures of Pecuniary Interest and the General Nature Thereof 5.General Business and Reports 6.Closed Session No Disclosures of Pecuniary Interest and the General Nature Thereof None No Comments 9.Next Meeting To be determined Page 95 of 324 10. Adjournment Proposed Resolution #4 Moved by: Rick Strouth Seconded by:Jesse Goossens THAT the January 31st, 2022 Town Hall Steering Committee meeting beadjourned at 11:22 a.m. CARRIED Page 96 of 324 Page 1 of 3 The Corporation of the Town of Tillsonburg Affordable and Attainable Housing Advisory Committee January 26, 2022 4:15 p.m. Electronic Minutes 1. 2.Adoption of Agenda Resolution #1 Moved by: Councillor Penny Essiltine Seconded by: Suzanne Renken THAT the Agenda as prepared for the Affordable and Attainable Housing Advisory Committee meeting of January 26, 2022 be adopted. CARRIED Call to Order The Affordable and Attainable Housing Advisory Committee meeting weas called to order at 4:17 p.m. The Committee welcomed the newly appointed member from the Economic Development Advisory Committee, who is Dane Wilson. Present: Mike Clarkson, Councill Chris Parker (Chair), Council Penny Esseltine, Gary Green, Stephanie Ellens-Clark, Dane Willson, Elyse Pelland, Mayor Stephen Molnar, Randy Peltz, Mike Clarkson, Cedric Tomico, Suzanne Renken, Lisa Gilvesy, Rebecca Smith Staff Present: Kyle Pratt, Chief Aministrative Officer Cephas Panschow, Development Commissoner Kennedy Atkinson, Acting Executive Assistant Page 97 of 324 Page 2 of 3 5.1 Social Planning Council Oxford (Presentation at 4:30 PM) - Stephanie Ellens-Clark, Social Planning Council Oxford - Randy Peltz, Oxford County Community Health Centre 5.2 Town of Tillsonburg Non-Profit Housing Corporation (Presentation at 5 PM) - Michael Clarkson 5.Presentations 4.Disclosures of Pecuniary Interest and the General Nature Thereof No Disclosures of Pecuniary Interest and the General Nature therefore Cedric Tomico entered the meeting at 4:19 p.m. 3.Minutes of the Previous Meeting November 24, 2021 Resolution #2 Moved by: Gary Green Seconded by: Councillor Penny Esseltine THAT the Minutes as prepared for the Affordable and Attainable Housing Advisory Committee meeting of November 24, 2021 be adopted. CARRIED Stephanie Ellens- Clark and Randy Peltz joined the Committee to discuss Transitional Housing in Tillsonburg. Committed group of community partners working together to find solutions to the local housing crisis, while supporting the positive work and systems that already exist. They are focused on ensuring that all people in Oxford County are housed and connected in the community. It was discussed if there are ways this Committee can support increasing transitional housing in Tillsonburg. It was recommended that Social Planning Council Oxford make a formal ask to the Town and the Council. Michael Clarkson joined the Committee meeting to discuss his current housing project on Victoria St in Tillsonburg. This project is directed towards Seniors living. It was questioned if the Non- Profit Housing Corporation would expand their focus to housing to include housing for any age as opposed to just Senior living. Michael discussed that Senior Living is their main focus, but they would consider a different demographic Page 98 of 324 6.5 Additional Residential Units Report by Oxford County Planning 6.6 County Orillia Campus Project 6.1 6.2 6.3 6.4 Letter from the Honourable Minister Steve Clark 61 Housing Accelerator Fund and Rent-to-Own Program 6.General business and Reports Rebecca will reach out to Kyle Pratt in rgards to a Master Housing Strategy similar to that of the County of Wellington COOX report CAO 2021-09 The Affordable and Attainable Housing Advisory Committee recieved this messaged and asked if there are any action to this item. Rebecca stated that there is a specific policy branch that goes through circulation process and any important changes go forward to the County Council and does get reviewed by planning. No Comments No Comments No Comments The Affordable and Attainable Housing Advisory Committee stated that they found this interesting and request staff to remain focused on this. This was received by Council in Jan 18th and a resolution was passed as information and to investigate. Resolution #3 Mover: Cedric Tomico Seconder: Gary Green THAT the Affordable and Attainable Housing Advisory Committee Included in oxford county public consultation process. And THAT that the report be sent to the Affordable and Attainable Housing Advisor Committee for comment before it goes to Council. No Comments Ontario Appoints Housing Affordability Task Force CARRIED Page 99 of 324 7. 8. 9. Next Meeting February 24, 2022 Round Table 6.7 Highlights from the January 12 County Council agenda 6.8 Update on the 25 Maple Lane Property Rebecca will Provide more information on the Down Payment Program Launch in March It was noted that an expression of interest in the Property has been made. More information to come It was noted that there is an issue of vacant employment opportunities in the BIA. Cedric Tomico mentioned that a survey was issued, however received a lack of participation. It was asked if the BIA can make this an action item and report back to the Committee. It was noted that more engagement on Social media may be beneficial. Economic Development & Marketing was working on an initiative to raise awareness of local job opportunities with new residents and that both parties should connect to ensure no duplication. Resolution #4 Moved by: Lisa Gilvesy Seconded by: Suzanne Renken THAT the January 26, 2022 Affordable and Attainable Housing Advisory Committee meeting be adjourned at 5:33 p.m. CARRIED Adjournment Page 100 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Virtual Meeting Minutes of January 5, 2022 Approved February 2, 2022 The Board of Directors Meeting was held via videoconference, on Wednesday, January 5, 2022, pursuant to section C.9, of the LPRCA’s Administrative By-Law. Members in attendance: Michael Columbus, Chair Norfolk County John Scholten, Vice-Chair Township of Norwich Dave Beres Town of Tillsonburg Robert Chambers County of Brant Kristal Chopp Norfolk County Valerie Donnell Municipality of Bayham/Township of Malahide Ken Hewitt Haldimand County Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: none * K. Chopp joined the meeting at 6:40 p.m. Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Paul Gagnon, Lands and Waters Supervisor Lorrie Minshall, Special Projects Zachary Cox, Marketing Coordinator Dana McLachlan, Executive Assistant Guests in attendance: Kimberley Earls Alison Earls 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, January 5, 2022. 2. Additional Agenda Items There were no additional agenda items. Page 101 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - 3. Declaration of Conflicts of Interest None were declared. 4. Election of Chair and Vice-Chair 2022 The Chair and Vice-Chair vacated their seats and Ms. Kimberley Earls, Economic Development Coordinator for South Central Ontario Region Economic Development Corporation assumed the Chair position. The positions for Chair and Vice-Chair were declared vacant. A-1/22 Moved by T. Masschaele Seconded by V. Donnell THAT the LPRCA Board of Directors appoints Alison Earls as scrutineer for the purpose of electing officers. CARRIED a) Election of Chair 1) Call for Nominations Robert Chambers nominated John Scholten who accepted the nomination. Chair Earls made two further calls for nominations. There were no further nominations. 2) Motion to Close Nominations for Chair A-2/22 Moved by R. Chambers Seconded by P. Ypma That the nominations for the Chair be closed. CARRIED 3) Distribution and collection of ballots by Scrutineer: Not required 4) Announce Election Results John Scholten was declared the Long Point Region Conservation Authority Chair for 2022. 5) Motion to Destroy Ballots: Not required b) Election of Vice-Chair Page 102 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - 1) Call for Nominations Peter Ypma nominated Michael Columbus who accepted the nomination. Chair Earls made two further calls for nominations. There were no further nominations. 2) Motion to Close Nominations for Vice-Chair A-3/22 Moved by V. Donnell Seconded by I. Rabbitts That the nominations for the LPRCA Vice-Chair be closed. CARRIED 3) Distribution and collection of ballots by Scrutineer: Not required 4) Announce Election Results Michael Columbus was declared the Long Point Region Conservation Authority Vice- Chair for 2022. 5) Motion to Destroy Ballots: Not required K. Chopp joined the meeting. The Chair and Vice-Chair thanked their nominators and the Board for their support and were looking forward to the year ahead. J. Scholten assumed the Chair. Ms. K. Earls and Ms. A. Earls were thanked for their service and left the meeting at 6:40 p.m. 5. Committee Appointments A-4/22 Moved by R. Chambers Seconded by I. Rabbitts THAT the LPRCA Board of Directors approves the following appointments for 2022: Dave Beres as the Land Acquisition Chair; And Michael Columbus and the LPRCA Chair to the Lee Brown Marsh Management Committee; Page 103 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - And Tom Masschaele, Michael Columbus, Dave Beres, and the LPRCA Chair to the Backus Museum Committee; And Dave Beres, Valerie Donnell, Ken Hewitt, the LPRCA Chair and LPRCA Vice-chair to the Audit and Finance Committee. CARRIED 6. Minutes of the Previous Meeting a) Board of Directors Meeting December 1, 2021 There were no questions or comments. A-5/22 Moved by T. Masschaele Seconded by P. Ypma THAT the minutes of the LPRCA Board of Directors Meeting held December 1, 2021 be adopted as circulated. CARRIED 7. Business Arising There was no business arising from the previous minutes 8. Review of Committee Minutes There were no Committee Minutes presented. 9. Correspondence There was no correspondence presented for review. 10. Development Applications a) Staff Approved applications Ten applications were approved through the General Manager’s delegated authority in the past month. LPRCA-242/21, LPRCA-253/21, LPRCA-255/21, LPRCA-256/21, LPRCA-257/21, LPRCA-259/21, LPRCA-258/21, LPRCA-260/21, LPRCA-261/21, and LPRCA-264/21. Page 104 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-6/22 Moved by M. Columbus Seconded by D. Beres THAT the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated December 15, 2021 as information. CARRIED b) New Applications The Planning Department staff recommended one application for approval. The application is to demolish an existing residential structure and replace it with a larger residential structure, detached garage, and a septic system. A-7/22 Moved by S. Patterson Seconded by I. Rabbitts THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-265/21 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED c) 2020 and 2021 Permit Application Turnaround Times The Interim Manager of Watershed Services reviewed the Planning Department’s statistics for permit turnaround times for the years 2020 and 2021. Service standards were created by the Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF) in 2010. In 2015, LPRCA created objectives for plan review and permitting activities with more aggressive targets than required by MNDMNRF. Staff achieved their targets in the last two years and strive to maintain and improve turnaround times. Page 105 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - A-8/22 Moved by P. Ypma Seconded by M. Columbus THAT the LPRCA Board receives the 2020 and 2021 Permit Application Turnaround Times Report as information. CARRIED d) Customer Service Plan Update The current Customer Service Plan was endorsed by the board in 2017. Staff made suggestions to improve turnaround times and to improve customer service. Staff also provided initiatives that would provide more information to applicants, contractors, and consultants to enhance customer service and further improve turn- around times. A-9/22 Moved by T. Masschaele Seconded by I. Rabbitts THAT the minutes of the LPRCA Board of Directors Meeting held December 1, 2021 be adopted as circulated. CARRIED 11. New Business a) 2021 LPRCA BUDGET VOTE After the Budget meeting on November 10, 2021, the 2022 LPRCA Budget was circulated to member municipalities for a 30-day comment period on November 12, 2021. There were no requests for municipal council presentations. A-10/21 Moved by D. Beres Seconded by M. Columbus That the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2022 Operating and Capital budgets; 1. That the 2022 proposed Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees be approved as set out in Attachment 1; 2. That the 2022 proposed Conservation Area User Fees be approved as set out in Attachment 2; Page 106 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 7 - 3. That the 2022 Operating Budget in the total amount of $4,797,561 and requiring a Municipal Levy- Operating of $1,724,259 be approved as set out in Attachment 3; 4. That the 2022 Capital Budget in the total amount of $511,250 requiring a General Municipal Levy- Capital of $381,700 be approved as set out in Attachment 3; 5. That the proposed 2022 Consolidated Budget in the total amount of $5,308,811 and requiring a Municipal Levy –Consolidated of $2,105,959 be approved as set out in Attachment 3. Member Municipality/Group Weight Absent Present In Favour Opposed Valerie Donnell Municipality of Bayham 4.73  4.73 Robert Chambers County of Brant 7.23  7.23 Ken Hewitt Haldimand County 7.45  7.45 Stewart Patterson Haldimand County 7.45  7.45 Valerie Donnell Township of Malahide 0.76  0.76 Kristal Chopp Norfolk County 12.5  12.5 Michael Columbus Norfolk County 12.5  12.5 Tom Masschaele Norfolk County 12.5  12.5 Ian Rabbitts Norfolk County 12.5  12.5 John Scholten Township of Norwich 7.46  7.46 Peter Ypma Township of South-West Oxford 7.46  7.46 Dave Beres Town of Tillsonburg 7.46  7.46 Weighted Vote Result 100 100% CARRIED b) 2022 Tree Order Confirmation Long Point Region Conservation Authority purchases a variety of native tree and shrub species for restoration projects annually. Projects include the Private Land Tree Planting Program, 50 Million Tree Program, and the Clean Water project. Staff proposed to order 67,100 seedlings for the 2022 season. A-11/22 Moved by K. Hewitt Page 107 of 324 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 8 - Seconded by K. Chopp THAT the LPRCA Board of Directors approves the 2022 tree order of 67,100 trees at a cost of $74,690 for the 2022 spring tree planting season. CARRIED c) December 11, 2021 Lake Erie Flood Event The high wind/surge event that occurred on December 11, 2021 was comparable to the events of November 15, 2020 and December 2, 1985. The 1985 storm was the highest ever recorded. A flood warning was issued by staff December 10, 2021 at 3:30 p.m. and was updated December 11, 2021 at 4:10 p.m. Staff provided Norfolk and Haldimand County with on- going water level updates, and was in regular contact with them throughout the event. Flooding and damage were reported within Port Dover, Turkey Point, Long Point, and along the Haldimand County shoreline. A-12/22 Moved by I. Rabbitts Seconded by V. Donnell THAT the LPRCA Board of Directors receives the December 11, 2021 Lake Erie Flood Event report as information. CARRIED Adjournment The Chair adjourned the meeting at 7:25 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 108 of 324 THE CORPORATION OF THETOWN OF TILLSONBURG BY-LAW NUMBER 2022-____ A By-Law to amend Zoning By-Law Number 3295, as amended. (ZN 7-21-17) WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A’ the zone symbol of the lands so designated ‘R1A’ on Schedule “A” attached hereto. 2 This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 14TH DAY OF FEBRUARY, 2022. READ A THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF FEBRUARY, 2022. __________________________ Mayor, Stephen Molnar __________________________ Clerk, Michelle Smibert Page 109 of 324 N79°21'50"E 31.19 LOT 44SW ANGLELOT 43, REG PLAN 41M-144LOT 43R E G I S T E R E DPLAN 4 1 M -1 4 4 CONCESSION ST W N79°21'50"E 31.16 N12°04'10"W 38.10N12°06'40"W 38.10S C H E DU L E "A " LOTS 43 and 44, REGISTERED PLAN 41M-144TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1A NOTE: ALL DIMENSIONS IN M ETRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2022 TO BY-LAW No.© 5 0 5 10 152.5 METRES Þ Page 110 of 324 Page 1 of 83 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-___ A BY-LAW TO REGULATE TRAFFIC AND THE PARKING OF MOTOR VEHICLES IN THE TOWN OF TILLSONBURG. Contents Section 1: Definitions ............................................................................................................. 5 Section 2: Reserved ............................................................................................................ 12 Section 3: Enforcement of By-Law ...................................................................................... 12 Part 1: Traffic ....................................................................................................................... 12 Section 4: Erection of Control Devices ............................................................................. 12 Section 5: Manner of Parallel Parking .............................................................................. 13 Section 6: Manner of Angle Parking ................................................................................. 13 Section 7: Manner of Parking on a One-Way Street ........................................................ 13 Section 8: No Stopping (Schedule 1) ............................................................................... 13 Section 9: No Parking in Unposted Locations .................................................................. 14 Section 10: Overnight Parking (Figure 9) ......................................................................... 15 Section 11: No Parking in Posted Locations .................................................................... 15 Section 12: Prohibited Parking on Specified Streets Anytime (Schedule 2) ..................... 15 Section 13: No Parking at Taxi Stands ............................................................................ 15 Section 14: No Parking in Loading Zones (Schedule 4) ................................................... 16 Section 15: No Parking in Horse Drawn Vehicles Stand .................................................. 16 Section 16: Parking During Emergencies & Special Events ............................................ 16 Section 17: Restricted Parking on Specified Streets (Schedule 5) ................................... 16 Section 18: Angle Parking Permitted on Specified Streets (Schedule 6) ......................... 16 Section 19: Manner of Parking Motorcycles ..................................................................... 17 Section 20: Prohibited Turns (Schedule 7)....................................................................... 17 Section 21: Designated Lane Movements (Schedule 8) .................................................. 17 Section 22: Obstructing Traffic ......................................................................................... 17 Section 23: Entering Highway (Schedule 9 and 10) ......................................................... 17 Section 24: Funeral & Other Processions ........................................................................ 18 Page 111 of 324 By-Law 2022-___ Page 2 of 83 Section 25: One-Way Streets (Schedule 11) ................................................................... 18 Section 26: Through Highways (Schedule 12) ................................................................. 18 Section 27: Heavy Truck Restrictions (Schedule 13) ....................................................... 18 Section 28: Reduced Load Limit (Schedule 14) ............................................................... 19 Section 29: School Bus Loading Zones (Schedule 15) .................................................... 19 Section 30: Use of Sidewalks & Bridges .......................................................................... 19 Section 31: Coasting or Sliding ........................................................................................ 19 Section 32: Motor Vehicles to be Locked ......................................................................... 19 Section 33: Pedestrian Crossovers (Schedule 16) ........................................................... 20 Section 34: Higher & Lower Speed Limits (Schedule 17 (a) and 17 (b)) .......................... 20 Section 35: One Vehicle in Parking Space....................................................................... 20 Section 36: No Long Vehicle Parking ............................................................................... 20 Section 37: Community Safety Zone (Figure 16) ............................................................. 20 Part 2: Fire Routes .............................................................................................................. 21 Section 38: Official Sign (Figure 5) .................................................................................. 21 Section 39: Establishment of Fire Routes ........................................................................ 21 Section 40: Fire Chiefs Order ........................................................................................... 21 Section 41: Agreement with Owner of Roadway (Schedule 18) ....................................... 21 Section 42: Tampering with Signs .................................................................................... 21 Section 43: Conflicting Signs on Fire Route ..................................................................... 21 Section 44: Unauthorized use of Signs ............................................................................ 21 Section 45: No Parking on Fire Route .............................................................................. 21 Part 3: On-Street Parking for the Accessible Persons ......................................................... 22 Section 46: Parking Space for Accessible Persons (Schedule 19) .................................. 22 Section 47: Display of Permit ........................................................................................... 22 Section 48: Prohibitions Regarding Permits ..................................................................... 22 Section 49: Official Sign (Figure 6) .................................................................................. 22 Part 4: Off-Street Parking for the Accessible ....................................................................... 22 Section 50: Designation of Parking Spaces ..................................................................... 22 Section 51: Parking Space for Accessible Persons ......................................................... 23 Part 5: Municipal Parking Lots ............................................................................................. 23 Page 112 of 324 By-Law 2022-___ Page 3 of 83 Section 52: Municipal Parking Lots .................................................................................. 23 Part 6: Privately-Owned Lots ............................................................................................... 23 Section 53: Privately Owned Off-Street Parking Lots (Schedule 20) ............................... 23 Part 7: Parking Permits ........................................................................................................ 23 Section 54: Parking Permit Fee ....................................................................................... 23 Section 55: Temporary Permits (Figure 1) ....................................................................... 24 Section 56: Designated Permits ....................................................................................... 24 Part 8: On Street Parking .................................................................................................... 24 Section 57: On Street Parking .......................................................................................... 24 Part 9: General Provisions ................................................................................................... 24 Section 58: General Penalty ............................................................................................ 24 Section 59: Illegally Parking Vehicles .............................................................................. 25 Section 60: Impoundment & Removal .............................................................................. 25 Section 61: Executive Acts Authorized ............................................................................ 25 Section 62: Headings not part of By-Law ......................................................................... 25 Section 63: Deviation from Form ...................................................................................... 25 Section 64: Conflict with the Highway Traffic Act ............................................................. 25 Section 65: Repeal ........................................................................................................... 25 Section 66: Effective Date ................................................................................................ 25 Schedule 1: No Stopping ..................................................................................................... 27 Schedule 2: Prohibited Parking on Specified Street ............................................................ 29 Schedule 3: No Parking at Taxi Stands ............................................................................... 35 Schedule 4: No Parking in Loading Zones .......................................................................... 35 Schedule 5: Restricted Parking on Specified Streets .......................................................... 35 Schedule 6: Angle Parking Permitted on Specified Streets ................................................. 38 Schedule 7: Prohibited Turns .............................................................................................. 38 Schedule 8: Designated Lane Movements .......................................................................... 39 Schedule 9: Designated Stop Signs .................................................................................... 39 Schedule 10: Designated Yield Signs .................................................................................. 53 Schedule 11: One Way Streets ........................................................................................... 54 Schedule 12: Through Highways ......................................................................................... 54 Page 113 of 324 By-Law 2022-___ Page 4 of 83 Schedule 13: Heavy Traffic Routes ..................................................................................... 57 Schedule 14: Reduced Load Limit ....................................................................................... 57 Schedule 15: School Bus Loading Zones ............................................................................ 58 Schedule 16: Pedestrian Crossovers .................................................................................. 58 Schedule 17 (a): Higher Speed Limits ................................................................................. 58 Schedule 17 (b): Lower Speed Limits .................................................................................. 59 Schedule 18: Agreement with Owner of Roadway Regarding Fire Routes ......................... 60 Schedule 19: Accessible Parking Spaces ........................................................................... 62 Schedule 20: Agreement with Owner of Private Parking Lot Regarding Prohibited Parking 64 Schedule 21: Parking Permit Fee ........................................................................................ 66 Schedule 22: Designated On-Street Parking ....................................................................... 66 Schedule 23: No Heavy Trucks ........................................................................................... 66 Schedule 24: Community Safety Zone ............................................................................. 66 Figure 1: Parking Permit. ..................................................................................................... 67 Figure 2: Official Map Downtown Area ................................................................................ 68 Figure 3: Official Map Heavy Truck Routes ......................................................................... 69 Figure 4: Official Map Reduced Load .................................................................................. 70 Figure 5: Official Sign Fire Route ......................................................................................... 71 Figure 6: Official Sign Accessible Person’s ......................................................................... 72 Figure 7: Official Map Municipal Parking Lot ....................................................................... 73 Figure 8: Official Sign 2 Hour Parking ................................................................................. 74 Figure 9: Official Sign No Overnight Parking 2:00 a.m. to 6:00 a.m. ................................... 75 Figure 10: Official Sign No Parking – Emergency Vehicle Parking Only ............................. 76 Figure 11: Official Sign School Bus Loading Zone .............................................................. 77 Figure 12: Official Sign No Parking – Loading Zone ............................................................ 78 Figure 13: Official Sign No Stopping .................................................................................... 79 Figure 14: Official Sign Horse and Buggy Parking Only ...................................................... 80 Figure 15: Official Sign Bus Stop ......................................................................................... 81 Figure 16: Community Safety Zone Official Sign ................................................................. 82 Figure 17: Community Safety Zone Begins Sign ................................................................. 82 Figure 18: Community Safety Zone Ends Sign .................................................................... 82 Page 114 of 324 By-Law 2022-___ Page 5 of 83 Figure 19: Official Sign Electric Vehicle ............................................................................... 83 Section 1: Definitions In this by-law, unless a contrary intention appears, "Abandoned or Un-plated Vehicles" means a police officer or an officer appointed for carrying out the provisions of the Highway Traffic Act who discovers a vehicle abandoned on or near a highway without valid plates. "Accessible Parking Space" means any parking space on a highway or parking lot designated by an authorized accessible parking sign restricting parking only to motor vehicles displaying such accessible signage regulated and prescribed by the Province of Ontario with the spaces provided by the Corporation of the Town of Tillsonburg in the absence of Provincial regulation. "Accessible Person" means an individual who meets the eligibility requirements issued by the Ministry of Transportation under the authority of the Highway Traffic Act. "Agricultural Purposes" means land where animals or birds are kept for grazing, breeding, raising, boarding, training, or for the tillage of soil, rowing, harvesting of vegetables, fruits, field crops or landscaping materials. "Authorized Sign" means any sign or other device erected on a Highway by authority of the Ontario Provincial Police on direction of the Council for the Town of Tillsonburg, for the purpose of regulating, warning or guiding traffic. "Bicycle" has the same meaning as in the Highway Traffic Act. "Boulevard" means that portion of every road allowance within the limits of the Town of Tillsonburg which is not used as a sidewalk, driveway access, traveled roadway or shoulder. "Bus" means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons. "Bus Bay" means a portion of the highway which is designed and constructed outside of the roadway adjacent to it for the purpose of stopping buses while in the act of picking up or discharging passengers. “Bus Stop” means a place where a municipal bus regularly stops while picking up or discharging passengers which have been designated by the Town of Tillsonburg and have been marked by signs or otherwise. Page 115 of 324 By-Law 2022-___ Page 6 of 83 “Bus Stop Sign” means a sign installed by the Town where the municipal bus stops to pick up or discharge passengers. "By-law Enforcement Officer" means a person duly appointed by the Corporation of the Town of Tillsonburg for the purpose of enforcing the parking provisions of this by- law. "Commercial Motor Vehicle" means any motor vehicle having permanently attached thereto a truck or delivery body, and includes ambulances, hearses, casket wagons, fire apparatus, motor buses and tractors used for hauling purposes on the highways. “Community Safety Zone” Town Council may by by-law designate a part of a highway under its jurisdiction as a community safety zone if, in the council's opinion, public safety is of special concern on that part of the highway. Further, Community Safety Zones may include roadways near schools, day care centres, playgrounds, parks, hospitals and senior citizen residences. Community Safety Zones may also be used for collision prone areas within a community. "Corporation" means The Corporation of the Town of Tillsonburg. "Council" means the Municipal Council of The Corporation of the Town of Tillsonburg. "Crossover" means: i. that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the roadway, or ii. any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface thereof. "Curb" includes the edge of the traveled portion of a street or roadway. "Designated Parking Space" means a parking space designated under sections 46 and 47 of this by-law for the sole use of vehicles of an accessible person; "Downtown Area" (See Figure 2 Attached) means that portion of the Town of Tillsonburg commencing at the intersection of the production westerly of the northerly limit of Bridge Street and the westerly limit of Rolph Street; thence southerly along the westerly limit of Rolph Street., to the production westerly of the southerly limit of Baldwin Street.; thence generally in a easterly direction to a point at the intersection of the southerly limit of Baldwin Street, and the westerly limit of Raccoon Alley; thence southerly along the westerly limit of Raccoon Alley to a point at the intersection of the southerly limit of London Street, and the westerly limit of Raccoon Alley; thence easterly along the southerly limit of London St. to a point at the intersection at the southerly limit of London St. and the westerly limit of Bidwell Street; thence generally in a southerly direction along the westerly limit of Bidwell Street., to Page 116 of 324 By-Law 2022-___ Page 7 of 83 a point at the intersection of the westerly limit of Bidwell St., and the northwesterly limit of John Pound Road; thence from the point commencing at the intersection of the production of the southeasterly limit of John Pound Road, and the southwesterly limit of Bloomer St.; thence generally in a easterly direction along the southerly limit of Bloomer ST. to a point of the intersection of the north easterly limit of Bloomer St., and the southerly limit of Simcoe St.; thence generally in a northerly direction along the easterly limit of Tillson Avenue to the production easterly of the northern limit of Brock Street East.; thence generally in a westerly direction along the northerly limit of Brock Street East to a point at the intersection of the northerly limit of Brock St East and the easterly limit of Lisgar Avenue.; thence generally in a northerly direction along the easterly limit of Lisgar Avenue to a point at the intersection of the easterly limit of Lisgar Avenue and northerly limit of Bridge St. East; thence generally in a westerly direction along the northerly limit of Bridge St. to the point of commencement. "Double Parking" means the parking of a vehicle on any roadway, beside another vehicle which is legally parked adjacent to the curb of the roadway or edge of the roadway, so that vehicles are side by side or any part of the vehicles is side by side. "Driveway Access" means the portion of a street which is improved to permit the passage of vehicles between the adjacent roadway and the abutting property. "Electric Vehicle" means a vehicle that is propelled by one or more electric motors, using electrical energy stored in one or more rechargeable batteries or another energy storage device and is capable of being plugged into an Electric Vehicle Charging Station and includes a plug-in electric car and a plug-in hybrid car. "Electric Vehicle Charging Station" means any facility or equipment that is used to charge a battery or other energy storage device of an Electric Vehicle. "Electric Vehicle Parking Space" means a parking space designated for the use of charging Electric Vehicles as indicated by a sign set out in Figure 19 to this Bylaw. "Fire Route" shall mean any private access, route, road way, lane ramp or other means of vehicular access to, or egress from a building and it may include part of a parking lot set aside for use of emergency vehicles. "Front Yard" means within the front yard of a property in a residential zone, as defined under the Town’s Zoning Bylaw. "Gross Weight" means the combined weight of vehicle and load. "Holiday" means a statutory holiday, namely, New Year’s Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day, Family Day, and Reconciliation Day. Page 117 of 324 By-Law 2022-___ Page 8 of 83 “Heavy Truck” includes any heavy vehicle having a registered gross weight in excess of 4,000 kilograms, but excludes buses, fire-fighting equipment, authorized emergency vehicles, public utility vehicles and vehicles operated by the Town of Tillsonburg. "Highway" means the same as Street definition. "Identifying Marker", when used with respect to parking for accessible persons means the accessible persons parking permit issued by the Ministry of Transportation under the authority of the Highway Traffic Act. "Inoperative Motor Vehicle" means a motor vehicle which is without a current license plate, and current insurance, and has its fenders, hood, trunk, roof, wheels, or any part of its superstructure removed, or a motor vehicle which is in a dilapidated condition. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other. "Laneway- Parking Lot" means a lane; aisle, passageway or access way intended for general traffic circulation within a parking lot, which affords a means of access for vehicles to the driveways and parking spaces. "Laneway- Municipal" means a lane, passageway, alleyway, fire lane or access way which is municipally owned, or under control of the Corporation, not intended for general traffic circulation, but which affords a means of access for vehicles behind or between properties. "Loading" means the physical activity of moving merchandise from or to a property or another vehicle and the physical activity of passengers entering or departing a vehicle. "Loading Zone" the part of a highway set apart for the exclusive purpose of parking a vehicle to load or unload same. "Motor Vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this by-law, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act. "Municipality" means the municipality of the Town of Tillsonburg. "Municipal Parking Lot" shall mean any parking lot owned or under control of the Corporation, improved and intended to provide vehicle parking for the public. Page 118 of 324 By-Law 2022-___ Page 9 of 83 "Official Sign" means a sign approved by the Ministry of Transportation. "One-Way Street" means a street upon which vehicular traffic is limited to movement in one direction. “Park" or "Parking", when prohibited, means the standing of a vehicle whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. "Parking Lot" any lands owned or leased by the Corporation, designed, maintained, regulated and enforced, for the purpose of providing public parking spaces, except a roadway, which shall have the same status as a public highway for the purpose of this by- law. "Parking Meter Zone" means a part of a street designated by this by-law for parking purposes timed by parking meters. "Parking Space" means a portion of the surface of the roadway designated by suitable markings. "Parking Meter" means: i. a device, sometimes referred to as an "individual parking meter", which indicates thereon the length of time during which a vehicle may be parked, which device has as a part thereof a receptacle for the receiving and storing of coins and a slot or place in which coins may be deposited to activate a timing mechanism to indicate the passage of the interval of time following the deposit of a coin or coins therein, the measurement of which interval is determined by the coin or coins so deposited, and which device also displays a signal when the said interval of time has elapsed; and a device, sometimes referred to as a "pay and display parking meter", which dispenses a piece of paper intended to be removed from the device and displayed by the operator of a vehicle on the interior right-hand side of the front windshield of the vehicle when parked, the paper being imprinted with a time and date beyond which the vehicle may not be parked, and which device has as a part thereof a receptacle for the receiving and storing of coins and a slot or place in which coins may be deposited to activate a mechanism to imprint a time and date on the piece of paper following the deposit of a coin or coins therein, the specific time and date being determined by the coin or coins so deposited. "Pedestrian Crossover" means any portion of a roadway designated by by-law of the municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by the regulations pursuant to the Highway Traffic Act, as amended. Page 119 of 324 By-Law 2022-___ Page 10 of 83 "Person" includes any person, firm, partnership, association, corporation, company or organization of any kind. "Private Property" is property other than that owned by the municipality, but shall include property owned by public authorities and local boards. "Private Roadway", when used with reference to a fire route, means any private road, lane, ramp or other vehicular access to or egress from a building or structure and it may include part of a parking lot. "Police Officer" means a member of the Ontario Provincial Police. "Public Parking Lot or Facility" means an off-street parking lot or other parking facility to which the public has access whether on payment of a fee or otherwise. "Restricted Parking Zone" means a street or part of a street designated by this by- law for the purposes of time restricted parking. "Road Allowance" means all allowances for roads, except in so far as they have been stopped up according to law, made by the Crown surveyors, all highways laid out or established under the authority of any statute, all roads on which public money has been expended for opening them or on which statute labour has been usually performed, all roads dedicated by the owner of the land to public use, and all alterations and deviations of and all bridges over any such allowance for highway or road. "Roadway" means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively. "School Bus" means a bus that is used for the transportation of: i. children; or ii. mentally or physically disabled people to or from a training centre that bears on the front and rear thereof the words "school bus" and on the rear thereof the words "Do not pass when signals flashing". "School Vehicle" means a vehicle that is used for the transportation of: i. persons to or from school, or ii. mentally or physically disabled people to or from a training centre and shall only include the following: a. a school bus; b. a bus; and Page 120 of 324 By-Law 2022-___ Page 11 of 83 c. a vehicle that is designed to carry less than ten passengers and is used for the transportation of persons and which is identified by public vehicle plates and/or school safety stickers. "Shoulder" means that portion of every street which abuts the roadway and which is designed and intended for passage or stopping of motor vehicles but which extends no more than 3.6 metres in width from the limit of the roadway. "Sidewalk" means any municipal walkway, or that portion of a street between the curb line or the lateral line of a roadway and the adjacent property line, primarily intended for the use of pedestrians. "Stand" means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers. "Stop", when required, means the complete cessation of movement. "Stop" or "Stopping", when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal. "Street", includes a common and public highway, street, avenue, parkway, driveway access, square, place, bridge, viaduct or trestle designed and intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. "Through Highway" means any highway or part of a highway designated as such by by- law of the municipality and all intersecting highways are marked by a stop sign or yield sign in compliance with the regulations of the Ministry of Transportation. "Time" means, where any expression of time occurs or where any hour or other period of time is stated, standard time or daylight saving time, whichever is in effect in the Town of Tillsonburg pursuant to the Time Act. "Tow Truck" means a motor vehicle for towing or otherwise conveying vehicles, as defined in the Highway Traffic Act, whether or not any such towed or conveyed vehicle is intact or in operable condition. "Town Council" means the Town Council of The Corporation of The Town of Tillsonburg. "Tractor-trailer Unit" means the combination of a commercial motor vehicle and a trailer or semi-trailer. Page 121 of 324 By-Law 2022-___ Page 12 of 83 "Trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn. "Traffic" includes pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for the purposes of travel. "Traffic Control Device" means any sign or other device erected or placed for the purpose of guiding, directing or regulating traffic. "Traffic Signal" means any device manually, electrically or mechanically operated for the regulation of traffic. "Unlicensed" shall mean without a license plate attached thereto or without a validated license plate attached thereto where such license plate is required to operate the vehicle on a highway. "U-turn" means to turn a vehicle upon a highway so as to proceed in the opposite direction. "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle, the cars of electric or steam railways running only upon rails. "Vehicle of an Accessible Person" means any vehicle displaying an identifying marker issued by the Province of Ontario. Section 2: Reserved Section 3: Enforcement of By-Law This by-law may be enforced by a Police Officer or a municipal Law Enforcement Officer appointed by the Council. Part 1: Traffic Section 4: Erection of Control Devices 1. Traffic control devices for the purpose of guiding, directing and regulating traffic shall be erected as authorized by the Council. Page 122 of 324 By-Law 2022-___ Page 13 of 83 2. No person shall place or exhibit any unauthorized device, sign, standard or other marking upon any street attempting or purporting to guide, direct or regulate traffic or the parking of vehicles on a street. 3. No unauthorized person shall give any signal or direction attempting or purporting to direct traffic unless in an emergency to direct traffic around the scene of an accident, or obstacle, excavation, debris, glass or other hazard. Section 5: Manner of Parallel Parking 1. No person shall park a vehicle on any street except upon the right-hand side of the roadway, having regard for the direction in which the vehicle is required to proceed, and when parked on a roadway, the right front and rear wheels or runners of the vehicle shall be parallel to and distant not more than 0.3 metres from the right-hand edge of the roadway adjacent to which such vehicle is parked. 2. Subsection (1) shall not apply where angle parking is authorized by this by-law, or upon one-way streets as authorized by this by-law. Section 6: Manner of Angle Parking 1. Where angle parking is permitted, a) no person shall park a vehicle except within the limits defined by pavement markings; or b) if no pavement markings are visible, no person shall park a vehicle except at an angle not exceeding sixty degrees with the permitted direction of travel, unless signed otherwise. c) and in all cases so that the front end of the vehicle is nearest to the curb or the edge of the street. 2. Notwithstanding subsection (1), no person shall park a vehicle at an angle if: a) the load being carried extends beyond the rear of the vehicle; or b) the vehicle has attached to it a trailer as defined by the Highway Traffic Act; or c) such vehicle obstructs or interferes with traffic in any way while so parked. Section 7: Manner of Parking on a One-Way Street 1. Subject to subsection (2), all persons may park vehicles on both sides of a one- way street in the permitted locations and facing in the direction in which the vehicle is required to proceed. 2. Unless otherwise regulated, when parked on the left hand side of the roadway, determined by the permitted direction of travel, the left front and left rear wheels or runners of the vehicle shall be parallel to and distant not more than 0.3 metres from the edge of the roadway adjacent to which such vehicle is parked. Section 8: No Stopping (Schedule 1) 1. No person shall stop a vehicle in a manner known as "double parking" or in any traffic lane other than the curb lane. Page 123 of 324 By-Law 2022-___ Page 14 of 83 2. No person shall stop a vehicle or any part of a vehicle in the following locations when appropriate signs have been erected and are on display, when signs are hereby authorized: a) in front of the entrance to the Town Centre Mall; b) within an intersection at any time; c) within 15 metres of any intersection; d) as locations set out in Schedule 1 e) where municipal bus stops are posted within the Town 3. Subsection (2) does not apply to: a) a school vehicle engaged in the transportation of persons when such vehicle is stopped to discharge or pick up passengers. b) A municipal bus when using the designated bus stops. 4. No Stopping at Bus Stops (Figure 15) a) When authorized signs are erected and are on display, which signs are hereby authorized, no person other than those persons operating a municipal bus of the Town of Tillsonburg shall stop a vehicle to load or unload passengers in the designated bus stop. Section 9: No Parking in Unposted Locations 1. Unless otherwise permitted in this bylaw, no person shall at any time park a vehicle in any of the following places: a) On or overhanging the sidewalk. b) between a sidewalk and the adjacent roadway at any time; c) on any boulevard at any time, except where authorized by by-law, enacted under the provisions of section 310 of the Municipal Act or a successor of that section; d) on a roadway or shoulder or in front of or within I metre of a driveway or Laneway at any time; e) within 9 metres of an intersection unless otherwise indicated by a sign. f) within 2 metres of a fire hydrant, from a point on the curb or edge of the roadway of any fire hydrant. g) on a crossover at any time; h) within 6 metres of the nearest crossover at an intersection at any time; i) on any street in a manner which obstructs traffic j) in a position which will prevent the convenient removal of any other vehicle previously parked at any time; k) on any ramp or maneuvering area established as part of a parking arrangement under the provisions of section 310 of the Municipal Act or a successor of that section at any time; l) within 15 metres of any intersection controlled by traffic signals; m) in a manner to obstruct municipal Laneway. Page 124 of 324 By-Law 2022-___ Page 15 of 83 n) on or over a curb within a driveway. o) In the front yard of any residential property that is not designated as a driveway. Section 10: Overnight Parking (Figure 9) 1. Overnight parking is permitted on all streets in the Town of Tillsonburg during the period of April 1st to November 14th except: a) On Broadway from Bridge Street to London Street, No Parking 2 a.m. - 6 a.m. b) During the period of November 15th to March 31st, No Parking 2 a.m. - 6 a.m. on any street. Section 11: No Parking in Posted Locations 1. No person shall park a vehicle or any part of a vehicle in the following locations when appropriate signs have been erected and are on display, which signs are hereby authorized: a) in front of the entrance to a hospital; b) upon that side of the street and immediately adjacent to any school property; c) within those areas around 45 Hardy Ave. that are posted "No Parking Emergency Vehicles Only" (See Figure 10 Attached); d) within the Municipal Lots of the Town of Tillsonburg. 2. No Parking Electric Vehicles Parking Space (Figure 19) a) No person shall park a vehicle or any part of a vehicle in an Electric Vehicle Parking Space where such vehicle is not an Electric Vehicle. b) No person shall park a vehicle or any part of a vehicle in an Electric Vehicle Parking Space where such vehicle is not connected to an Electric Vehicle Charging Station and charging. Section 12: Prohibited Parking on Specified Streets Anytime (Schedule 2) 1. No person shall park a vehicle or any part of a vehicle on the streets hereinafter set out in Column 1 in Schedule 2 of this by-law, the side or sides of streets set out in the corresponding line or lines in Column 2 thereof, between the points set out in Column 3 thereof and the points set out in Column 4 thereof, during the prohibited time or times set out in Column 5 thereof, when appropriate signs have been erected and are on display, which signs are hereby authorized. Section 13: No Parking at Taxi Stands 1. When authorized signs are erected and are on display, which signs are hereby authorized, no person other than those persons operating a taxi cab under a valid licence issued by the Clerk of The Corporation of the Town of Tillsonburg shall park or stop a vehicle or any part of a vehicle to load or unload passengers or merchandise on any streets set out in Schedule 3 of this by-law. Page 125 of 324 By-Law 2022-___ Page 16 of 83 Section 14: No Parking in Loading Zones (Schedule 4) 1. When appropriate signs are erected and are on display, which signs are hereby authorized, no person shall park a vehicle or any part of a vehicle on any of the streets set out in Column 1 of this by-law, the side or sides of streets set out in Column 2 thereof, location or parts thereof set out in Column 3 thereof, unless such vehicles are being loaded or unloaded, and the entire vehicle is located within the designated loading zone; and the streets or portions thereof referred to in the said schedule are hereby designated as Loading Zones. Section 15: No Parking in Horse Drawn Vehicles Stand 1. That motor vehicles be prohibited from parking in spaces posted for the use of horse drawn vehicles in municipal parking lots. Section 16: Parking During Emergencies & Special Events 2. Notwithstanding any other provisions of this by-law to the contrary, in case of fire, a parade, an assembly of persons, a congestion of traffic, a construction project or an emergency, parking may be restricted or prohibited by the Town Council or its authorized representative or the Detachment Commander of the Ontario Provincial Police acting through police officers, and no person shall park a vehicle in contravention of such restrictions or prohibition. 3. For the purposes of this section, "emergency" includes a snowfall or other act of God, which hinders, restricts or prohibits movement of vehicles or pedestrians on a highway. 4. The declaration of an emergency and the parking restrictions or prohibitions shall be effected by a systematic broadcast on local radio and television stations in the Town of Tillsonburg and such broadcast shall be deemed to be sufficient notification of the restrictions or prohibition then in effect. Section 17: Restricted Parking on Specified Streets (Schedule 5) 1. When appropriate signs have been erected and are on display which signs are hereby authorized, no person shall park a vehicle or any part of a vehicle on any of the streets set out in Column I in Schedule 5 of this by-law the side or sides of streets set out in Column 2 thereof between the streets or parts thereof set out in Column 3 and 4 thereof, and during the time or times set out in Column 5 thereof, for a longer period than provided. Section 18: Angle Parking Permitted on Specified Streets (Schedule 6) 1. No person shall park a vehicle except at any angle, in a manner as described in section 18, on any of the streets set out in Column I in Schedule 6 of this by-law, on the side or sides of streets set out in Column 2 thereof, between the streets or parts thereof set out in Columns 3 and 4 thereof. Page 126 of 324 By-Law 2022-___ Page 17 of 83 Section 19: Manner of Parking Motorcycles 1. No person shall park a motorcycle at more than an angle of forty-five degrees to the curb. 2. Where parking space is designated by markings, no more than three motorcycles shall be parked in one space. Section 20: Prohibited Turns (Schedule 7) 1. Within 30 metres of an official sign designating "No-U-Turn" posted in accordance with Schedule 7 of this by-law, no driver or operator of a vehicle upon a highway shall make a U-turn. 2. Where an official sign forbidding a left or right tum or both has been posted in accordance with Schedule 7 of this by-law, every driver or operator of a vehicle shall obey such sign. Section 21: Designated Lane Movements (Schedule 8) 1. With respect to the highways set out in Column I of Schedule 8 of this by-law which have been divided into clearly marked lanes for traffic between the limits set out in Column 2 thereof, each of the said lanes indicated in Column 3 thereof is during the times and days set out in Column 5 thereof hereby designated for traffic moving in the particular direction set out in Column 4 thereof. 2. Each designation made by subsection (I) of this by-law shall be effective upon the erection of official signs approved by the Ministry of Transportation indicating such designation. Section 22: Obstructing Traffic 1. No owner or operator of a motor vehicle shall obstruct a street with a motor vehicle, which becomes stalled or for any reason cannot be moved by its ordinary motive power. 2. Any vehicle stopped on any street shall be moved away by the owner or operator thereof at the direction of a police officer when traffic congestion, proximity to a fire or any other condition renders the removal of such vehicle expedient. 3. All costs and charges for removing, care and storage thereof, if any as may be incurred by the removal of a vehicle pursuant to Section 2 are lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act R.S.0. 1980, C, 198 S. 147 (13) and amendments thereto. Section 23: Entering Highway (Schedule 9 and 10) 1. In addition to the provisions of the Highway Traffic Act requiring stop signs at intersections on through streets, stop signs shall also be installed facing the traffic proceeding in the directions indicated in Column 2 of Schedule 9 of this by- law, at the intersecting streets set out in Column I thereof. Page 127 of 324 By-Law 2022-___ Page 18 of 83 2. Yield signs are authorized and shall be installed facing the traffic proceeding in the directions indicated in Column 2 of Schedule 10 of this by-law, at the intersecting streets set out in Column I thereof. Section 24: Funeral & Other Processions 1. No person shall drive a vehicle so that it intersects a funeral or other authorized procession in motion except under the direction of a police officer. 2. All persons driving vehicles in a funeral or other procession shall drive such vehicles as near to the right-hand edge of the roadway as is practical and safe. 3. No parade of vehicles or persons or both shall be held on any highway within the Town of Tillsonburg without prior approval of Council or Director of Operations. Section 25: One-Way Streets (Schedule 11) The highways set out in Column 1 of Schedule 11 of this by-law between the limits set out in Columns 2 and 3 are hereby designated for one-way traffic only in the directions set out in Column 4. Section 26: Through Highways (Schedule 12) The street or parts of streets set out in Schedule 12 of this By-law, are designated and declared to be through highways but shall not include any intersecting highways where traffic signals are installed. (Figure 2 Attached) Section 27: Heavy Truck Restrictions (Schedule 13) 1. In this section "prohibited street" means any street or part thereof within the Town of Tillsonburg not set forth in Schedule 13 of this by-law and upon which there are erected signs prohibiting heavy trucks. (See Figure 3 Attached.) 2. No person shall operate or park a heavy truck on a prohibited street. 3. Subsection (2) does not apply where a heavy truck is being necessarily operated in the usual conduct of business and proceeds by way of the shortest route to or from any street or part thereof set forth in Schedule 13 of this by-law. 4. The Town of Tillsonburg shall keep and maintain accurate maps illustrating those streets or parts thereof in Schedule 13, which maps shall be available to the public. 5. The Town Council is hereby authorized to cause the streets not listed in Schedule 13 to be marked with signs to prohibit their use by heavy trucks as more specifically identified in Schedule 23. 6. This section does not apply to heavy trucks being used for deliveries to or removals from properties being used for agricultural purposes. 7. No person shall on any highway park a commercial truck with a gross weight of over 4,000 kgs in a residentially zoned area of the Town of Tillsonburg as set out in the "'Zoning By-law", as amended time to time, of the Town of Tillsonburg except for the purpose of delivery or receiving goods in such an area. Page 128 of 324 By-Law 2022-___ Page 19 of 83 Section 28: Reduced Load Limit (Schedule 14) 1. The highways set out in Column I of Schedule 14 of this by-law between the limits set out in Columns 2 and 3 are restricted to a reduced load limit of a maximum weight of five (5) tones per axel for any vehicle traveling on the said highways during the period March 1 to April30 inclusive many year. (See Figure 4 Attached.) 2. The Town of Tillsonburg is authorized to erect such signage as is required to properly designate and identify the highways listed in Schedule 14 of this by-law as having reduced load limits during the period of time mentioned in paragraph (1) of this section. 3. No person shall operate a vehicle that does not comply with the reduced load limit regulations mentioned in subsection (1) of this section, on any of the highways listed in Schedule 14 of this by-law during the period of time mentioned in subsection (1) of this section. Section 29: School Bus Loading Zones (Schedule 15) 1. Highways or portions thereof as set out in Column I of Schedule 15 of this by- law, on the side of the street set out in Column 2, thereof, between the parts of the streets set out in Columns 3 and the times set out in column 4 which are hereby designated as School Bus Loading Zones. (Figure 11 attached). 2. No person shall park a school bus or a school vehicle or any part of a school bus or a school vehicle except entirely in a School Bus Zone that has been established under subsection 29 (1) of this by-law. 3. No person shall stop a vehicle other than a school bus or school vehicle in a designated school bus loading zone as set out in Schedule 15. Section 30: Use of Sidewalks & Bridges 1. No person shall use any sidewalk, path or boulevard for any purpose other than pedestrian traffic except as specifically permitted by this by-law or for the purpose of crossing such sidewalk, path or boulevard to enter or leave a driveway; provided that this section shall not apply to vehicles used for the carriage of small children or invalids and vehicles approved by the Detachment Commander of the Ontario Provincial Police. 2. No person shall jump, dive or fish from any bridge, either vehicular or pedestrian, in the Town of Tillsonburg. Section 31: Coasting or Sliding No person shall coast or slide by the use of any hand-sleigh or toboggan on any street. Section 32: Motor Vehicles to be Locked 1. No person driving or in charge of a motor vehicle, other than a commercial motor vehicle, shall allow the same to stand unattended unless: Page 129 of 324 By-Law 2022-___ Page 20 of 83 a) the doors of the vehicle are locked and its windows are closed; or b) the key is not in the ignition or in a readily accessible location in the vehicle, so as to prevent the operation of the vehicle by any person not authorized by the owner, driver or person in charge. Section 33: Pedestrian Crossovers (Schedule 16) The highways set out in Column 1 of Schedule 16 of this by-law, at the locations set out in Column 2, are hereby designated as pedestrian Crossovers. Section 34: Higher & Lower Speed Limits (Schedule 17 (a) and 17 (b)) 1. The highways set out in Column 1 of Schedule 17(a) of this by-law, between the limits set out in Columns 2 and 3, are hereby restricted to maximum rates of speed as set out in Column 4. 2. The highways set out in Column 1 of Schedule 17(b) of this bylaw, between the limits set out in Column 2 and 3, are hereby restricted to maximum rates of speed as set out in Column 4. Section 35: One Vehicle in Parking Space 1. No person shall park more than one vehicle in any one parking space at any one time. 2. No person shall park a vehicle in a parking space that is partly or completely occupied by another vehicle. Section 36: No Long Vehicle Parking No person shall park any motor vehicle in excess of 6.1 meters in length in a manner that shall obstruct the movement of other vehicles. Section 37: Community Safety Zone (Figure 16) 1. Community Safety Zone signs inform drivers that they are entering a zone that the community has designated as an area where the safety of its children/citizens is paramount. Traffic related offences committed within the zone are subject to increased fines (many set fines are doubled such as speeding and traffic signal related offences). 2. All zones require a sign with a BEGINS tab indicating the start of the designated area and a sign with an ENDS tab indicating where the zone concludes. Additional signs may be located within the zone and are a legal requirement for zones greater than 1000 metres in length. 3. For zones greater than 1000 metres in length, additional Community Safety Zone signs are required within the limits of the zone. The spacing of additional signs is dependent on the designated maximum speed limit of the roadway. When the speed limit is 60 km/h or less, signs are required every 300 metres, or less. Where the speed limit is greater than 60 km/h, additional signs are required) Page 130 of 324 By-Law 2022-___ Page 21 of 83 Part 2: Fire Routes Section 38: Official Sign (Figure 5) 1. In this part "official sign" means a fire route sign in the form set out in Figure 5 of this by-law. 2. All fire route signs legally in place on the 26th of February 2002 in the Town of Tillsonburg shall be deemed to be official signs pursuant to this by-law. Section 39: Establishment of Fire Routes A private roadway along which approval has been given by the Corporation for the erection of official signs is a fire route. Section 40: Fire Chiefs Order If after inspection of any building, the Fire Chief of the Corporation is satisfied that, in in order to suppress and prevent the spread of fires, a fire route is warranted in respect of any building, he may serve or cause to be serviced by personal service or by prepaid registered mail to the owner of the building shown on the records of the Land Registry office, an order requiring the owner to comply with the provisions of Fire Code and I or building Code Act Regulations, and every owner shall comply with such order within sixty (60) days of the date of its service upon him or its mailing to him. Section 41: Agreement with Owner of Roadway (Schedule 18) The Corporation and the owner of a private roadway may enter into an agreement in the form set out in Schedule 18 of this by-law or in a development agreement pursuant to the site plan approval process providing for the designation of the roadway as a fire route. Section 42: Tampering with Signs No person shall move, remove or interfere with an official sign along a fire route or obstruct a view of an official sign along a fire route. Section 43: Conflicting Signs on Fire Route No person shall erect or maintain along a fire route any sign which may conflict or be confused with an official sign. Section 44: Unauthorized use of Signs No person shall erect or maintain a facsimile of an official sign along any private roadway whether a fire route or not. Section 45: No Parking on Fire Route No person shall park a vehicle along a fire route or so that any part of a vehicle is located within the fire route. Page 131 of 324 By-Law 2022-___ Page 22 of 83 Part 3: On-Street Parking for the Accessible Persons Section 46: Parking Space for Accessible Persons (Schedule 19) 1. Notwithstanding the provisions of this or any other by-law, no person shall park, stand, stop or leave a motor vehicle in any designated parking space set out in Schedule 19 of this by-law except a motor vehicle: a) that is operated by or carries an accessible person; and b) that is identified by a current original identifying marker; and c) that is parked entirely within a designated parking space. Section 47: Display of Permit 1. An identifying marker shall be displayed on: a) the inner surface of the windshield, as close as practicable to the lower left-hand corner and as close as practicable to the left-hand side of the motor vehicle, or b) the outer surface of the sun visor on the left-hand side of the motor vehicle so as to be visible through the windshield from the exterior of the car when the sun visor is in a lowered position. Section 48: Prohibitions Regarding Permits 1. No person shall: a) deface or alter any current original identifying marker furnished by the Ministry of Transportation; b) use or permit the use of a defaced or altered current original identifying marker furnished by the Minister of Transportation; c) use or permit the use of a current original identifying marker furnished by the Ministry of Transportation except the accessible person to whom the current original identifying marker is furnished; or a person transporting such accessible person; d) without the authority of the person to whom a current original identifying marker has been issued, remove a current original identifying marker furnished by the Ministry of Transportation from a motor vehicle. Section 49: Official Sign (Figure 6) In this Part, "official sign" means a sign in the form set out in Figure 6 of this by-law. Part 4: Off-Street Parking for the Accessible Section 50: Designation of Parking Spaces 1. Where in a public parking lot or facility one or more parking spaces are intended for the sole use of a vehicle of an accessible person, The Town of Tillsonburg shall identify each such parking space by erecting one or more official signs in such a Page 132 of 324 By-Law 2022-___ Page 23 of 83 manner that the official sign or signs shall be clearly visible to the operator of any vehicle approaching or entering such parking space. 2. Where the requirements of subsection (1) of this section are complied with, each such parking space is for the purposes of this by-law a designated parking space for the sole use of vehicles of accessible persons. 3. Notwithstanding any provision in this Part to the contrary, no designated parking space shall be located in a fire route designated under Part 2 of this by-law. Section 51: Parking Space for Accessible Persons No person shall park, stand, stop or leave a motor vehicle in any designated parking space except a motor vehicle that is identified by a current original identifying marker. Part 5: Municipal Parking Lots Section 52: Municipal Parking Lots 1. Parking is permitted in the municipal parking lots set out in Figure 7, 8 with the exception of: a) Figure 8 will be used to indicate a "2 Hour Limit"; b) No Person shall park an unlicensed vehicle on a municipal parking lot; c) No Person shall park an inoperable motor vehicle on a municipal parking lot; d) Where there are pavement markings or designated parking spaces, no person shall park a vehicle where it is not wholly within the designated parking space; e) No person shall park a vehicle so as to obstruct the passage of vehicles in a parking lot Laneway or any parking lot. f) No person shall park a vehicle exceeding 2 hours where posted by sign. Part 6: Privately-Owned Lots Section 53: Privately Owned Off-Street Parking Lots (Schedule 20) No person shall permit a vehicle to be parked in the same parking space in a privately- owned parking lot or other parking facility for a longer period at any one time than the maximum period allowable if any for such vehicle as prescribed by signs posted upon such lot or facility. Part 7: Parking Permits Section 54: Parking Permit Fee 1. Parking Permits maybe applied for in situations where adequate parking is not available on the property. Issuance of permits will be granted at the discretion of the Town and will be valid for up to six (6) months. Permit fees are set out in Schedule 21 Page 133 of 324 By-Law 2022-___ Page 24 of 83 for any permits issued six (6) months after the passing of this bylaw. Permits are valid only for the vehicle and location for which they are registered and must be clearly displayed in the windshield while occupying the restricted parking site. a) The monthly fee per vehicle is set out in Schedule 21. Section 55: Temporary Permits (Figure 1) 1. Temporary Permits are available for driveway repairs and overnight guests. a) In order to obtain an exemption a Temporary Parking Permit application prescribed by the Town will be completed and submitted two (2) business days prior to the required request for review. b) A maximum of (5) Temporary Parking Permits are available in one calendar year per location/property. c) Exemptions are conditional during the winter months beginning November 15th to March 31, and become void if snow removal and or winter road maintenance operations become necessary. Section 56: Designated Permits Designated On-Street Parking Permits are identified in Schedule 22. Part 8: On Street Parking Section 57: On Street Parking 1. No Person shall permit any vehicle to be parked, stand, stopped or leave a vehicle on any streets longer than 48 hours except: a) Where it has been designated set out in Schedule 22. 2. No person shall park an inoperable motor vehicle on any street. 3. No person shall park an unlicensed vehicle on any street. 4. No person shall park a vehicle without a permit in a designated on street parking permit space as designated by Schedule 22. Part 9: General Provisions Section 58: General Penalty 1. Except where otherwise expressly provided by this by-law or the Highway Traffic Act, every person who: a) contravenes any provision of this by-law; or b) is the owner of a vehicle that is parked or stopped in contravention of any provision of this by-law, is guilty of an offence and on conviction is liable to any penalty as provided in the Provincial Offences Act; Page 134 of 324 By-Law 2022-___ Page 25 of 83 Section 59: Illegally Parking Vehicles 1. Where a vehicle has been left parked, stopped or left standing in contravention of this by-law as passed, the owner of the vehicle, notwithstanding that he was not the driver of the vehicle at the time of the contravention of the by-law, is guilty of an offence and is liable to the fine prescribed for the offence unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent. 2. No person shall permit any vehicle to be parked or left on municipal owned property longer than 48 hours without the authorization of the Town of Tillsonburg. Section 60: Impoundment & Removal A Municipal Law Enforcement Officer or Police Officer upon discovery of any motor vehicle parked or standing in contravention of the provisions of this By-Law shall cause it to be moved or taken to and placed or stored in a suitable location and all costs associated with its removal, and impoundment will be the responsibility of the registered owner of the vehicle. Section 61: Executive Acts Authorized The Mayor and the Administration are hereby authorized to do all things and the Mayor and the CAO are hereby authorized to execute on behalf and under the seal of the Corporation any document necessary to give effect to this by-law. Section 62: Headings not part of By-Law The headings in the body of this by-law form no part of the by-law but are inserted for convenience of reference only. Section 63: Deviation from Form Where a form or words or expressions are prescribed in any Schedule to this by-law, deviations therefrom not affecting the substance or calculated to mislead do not vitiate them. Section 64: Conflict with the Highway Traffic Act In the event of conflict between the provisions of this by-law and the Highway Traffic Act, the provisions of the said Act prevail. Section 65: Repeal That By-law 3701 and its amendments are hereby repealed upon the effective date noted in Section 66. Section 66: Effective Date This By-Law shall become effective upon the passing thereof and upon the approval of the set fines by the Regional Senior Justice of the Ontario Court of Justice. Page 135 of 324 By-Law 2022-___ Page 26 of 83 READ A FIRST AND SECOND TIME THIS 14th day of FEBRUARY, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of FEBRUARY, 2022. _____________________________________ MAYOR – Stephen Molnar _____________________________________ CLERK – Michelle Smibert Page 136 of 324 By-Law 2022-___ Page 27 of 83 Schedule 1: No Stopping HIGHWAY SIDE FROM TO TIME OR DAY Cat Alley Alley Pl 500 BTN Ridout St. & Brock St. & adjacent to Lot 1112 to 1118 Plan 500 Both 41 meters South of Ridout St. Brock St. Anytime Baldwin St. North Rolph St. Wilson Avenue Anytime Bidwell St. West North side of Brock St. W. 28.5 m North of Brock St. W. Anytime Broadway East/West John Street Northern Town Limits Anytime Broadway East 143 meters North of Ridout St E 158 meters North of Ridout St E Anytime Brock St. E. North/South Harvey St. 23m west of Harvey St. Anytime Demeyere Ave. Both Concession St. East 10 m South of Concession St Anytime Dereham Drive North Quarter Town Line 17m West of Quarter Town Line Anytime Dereham Drive South Quarter Town Line 20m West of Quarter Town Line Anytime Fox Alley East and West Venison St W 40 meters South of Venison St W Anytime Harvey St. East Bridge St. 109m South of Bridge St. Anytime Harvey St. East 15 m North of Ridout St. 86 m North of Ridout St. Anytime Harvey St. West, South of Bridge St. 39.5m South of Bridge St. 41.8m South of Bridge St. Anytime Harvey St. West, South of Bridge St. 67.7m South of Bridge St. 79.3m South of Bridge St. Anytime Harvey St. West Ridout St. 41 m North of Ridout Anytime Harvey St. West 86 m South of Bridge St. 127 m South of Bridge St. Anytime Harvey St. West Oxford St 38 m North of Oxford St Anytime John Pound Road Both London St. 5 John Pound Road Anytime Page 137 of 324 By-Law 2022-___ Page 28 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Maple Court West Maple Lane Concession St. East Anytime Maple Lane Both Concession St. Maple Court Anytime Oxford St. North/South Harvey St. Tillson Ave. Anytime Park Ave. Both Gowrie St. Concession St. Anytime Queen St. East Concession St. East 49. m North of Concession St. East Anytime Quarter Town Line West Southridge Rd. 50 meters north of Southridge Rd. Anytime Quarter Town Line East Southridge Rd. North Town Limits Anytime Quarter Town Line West Esseltine Drive 17 m North of Dereham Drive Sept 1-Jun 30 Mon-Fri 8am-9am 3pm-4pm Quarter Town Line East Sanders Crescent 19m North of Dereham drive Sept 1-Jun 30 8am-9am 3pm-4pm Ridout St. E. North Harvey St. Broadway Anytime *Simcoe St. Both Tillson Ave. West Town Line Anytime Southridge Rd. South Quarter Town Line 13A Southridge Road Sept. 1 – June 30 Mon – Fri 8 am – 9 am 3 pm – 4 pm Southridge Rd. North Quarter Town Line 29m West of Quarter Town Line Anytime Southridge Rd. North 100m West of Quarter Town Line 115m West of Quarter Town Line Anytime Spruce St. Both Vienna Rd 300 m East of Vienna Road Anytime *Tillson Ave. West 9 m North of Elgin St. Oxford St. Anytime *Tillson Ave. West Fifth St. Clark St. Anytime *Tillson Ave. West Clark Street North St. Anytime Page 138 of 324 By-Law 2022-___ Page 29 of 83 HIGHWAY SIDE FROM TO TIME OR DAY *Tillson Ave. East Simcoe St. Concession St. Anytime *Tillson Ave. West Bridge St. Train Track Anytime *Vienna Road East/West Simcoe St. Highway #3 Anytime *County Road Schedule 2: Prohibited Parking on Specified Street HIGHWAY SIDE FROM TO TIME OR DAY Ball Alley Both Ball St. First Alley No Parking Anytime Barker St. North Tillson Ave. Wellington St. No Parking Anytime Bear St. North Broadway Rolph St. No Parking Anytime Bell Mill Road Both Hwy #3 Town Limits No Parking Anytime Bidwell St. East Prospect St. Concession St. No Parking Anytime Bidwell St. Both Prospect St. Dead End No Parking Anytime Bloomer St. Both Oxford St. Hydro Station No Parking Anytime 75 Bridge Street South 28 meters East of Queen Street 70 meters East of Queen Street No Parking Anytime Bridge St. East North Tillson Ave. Lisgar Ave. No Parking Anytime Bridge St. East South Queen St. Lisgar Ave. No Parking Anytime Bridge St. East Both Lisgar Ave. Broadway No Parking Anytime Bridge St. West South Broadway Rolph St. No Parking Anytime Broadway Both Bridge Street John Street No Parking Anytime Broadway East 21 m south of Prospect St South Limit No Parking Anytime Page 139 of 324 By-Law 2022-___ Page 30 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Broadway West Washington Grand 37.9m South of Washington Grand No Parking Anytime Broadway West 21 m South of Prospect St. South Limit No Parking Anytime Brock St. East North Maple Lane St. Tillson Ave. No Parking Anytime Brock St. East South Harvey St. 16.9m East of Harvey St. No Parking Anytime Brock St. East Both Tillson Ave. Lisgar Ave. No Parking Anytime Brock St. West South Bidwell St. Dead End No Parking Anytime Cat Alley Both Brock St. Dead End No Parking Anytime Concession St. E. Both Broadway Tillson Ave. No Parking Anytime Concession St. E. North Tillson Avenue 67 m West of Parkwood Drive No Parking Anytime Concession St. E. South Demeyer Avenue 45 m West of centre line of Parkwood Drive No Parking Anytime Concession St. W. North Quarter Town Line Charlotte Ave. No Parking Anytime Concession St. W. Both West Town Limits Quarter Town Line No Parking Anytime Concession St. W. Both Broadway Charlotte Ave. No Parking Anytime Raccoon Alley Both Concession St. W Venison St. West No Parking Anytime Raccoon Alley Both Bridge St. Dead End No Parking Anytime Coreless Lane Both Brock St. Hyman St. No Parking Anytime Coyle Lane Both Tillson Ave. Dead End No Parking Anytime Cranberry Road Both North St. Town Limits No Parking Anytime Page 140 of 324 By-Law 2022-___ Page 31 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Denton Avenue Both 55 m North of Gowrie St. 65 m South of John St. No Parking Anytime Devonshire Ave. Both Broadway Lisgar Ave. No Parking Anytime Ebert Alley Both Bridge St. Dead End No Parking Anytime Elgin St. North Tillson Ave. Lisgar Ave. No Parking Anytime Erie Court Both Devonshire Ave. Dead End No Parking Anytime First Street North King St. Tillson Ave. No Parking Anytime First Alley North Tillson St. Ball Alley No Parking Anytime Fourth St. South Lisgar Ave. Tillson Ave. No Parking Anytime Fox Alley Both Concession St. W Bridge St. W No Parking Anytime Fox Alley Both Lot 1B Dead End No Parking Anytime Frances Street South Tillson Ave. 29 Frances St. No Parking Anytime Frances Street South 60 m West of Kara Lane Kara Lane No Parking Anytime George St. Both John Pound Rd. Top of the Hill No Parking Anytime Glendale Drive Both Broadway Victoria St. No Parking Anytime Glendale Drive North Poplar St. Victoria St. No Parking Anytime Glendale Drive South Hawthorne Crescent Parkside Drive No Parking Sept 1 – Jun 30 7:30 am – 8:30 am 2:30 pm – 3:30 pm Mon – Fri Glendale Drive South Parkside Drive Victoria St. No Parking Anytime Glendale Drive South Poplar St. Hawthorne Crescent No Parking Anytime Hardy Ave. West Lisgar Ave. 137 m South on Hardy Ave. No Parking Anytime Page 141 of 324 By-Law 2022-___ Page 32 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Hale Street North Raccoon Alley Rolph St. No Parking Anytime Hale Street North Rolph St. Valley View Lane No Parking Anytime Harvey Street West Brock St. Ridout St. No Parking Anytime Harvey Street West London St. East Oxford St. No Parking Anytime Hickory Lane Both Wilson Ave. Dead End No Parking Anytime Hilliker Alley Both Elgin St. Dead End No Parking Anytime Hillyndale Road North Potters Road Lorriane Avenue No Parking Anytime Hyman St. North Tillson Ave. Maple Lane No Parking Anytime Joseph St. North Tillson Ave. Dead End No Parking Anytime King St. Both Bridge St Fourth St. No Parking Anytime Lamers Court Both Devonshire Ave. Dead End No Parking Anytime Lindsay St. Both Tillson Ave. 18 meters East of Tillson Ave. No Parking Anytime Lisgar Ave. Both Brock St. East Concession St. No Parking Anytime Lisgar Ave. East Fifth St. Van Norman Dr. No Parking Anytime Lisgar Ave. West/South Concession St. Hardy Ave. No Parking Anytime Lisgar Ave. North 50.7 m West of Van Norman Dr. 65.1 m West of Van Norman Dr. No Parking Anytime Lisgar Ave. North 117.4 m West of Van Norman Dr. 131.7 m West of Van Norman Dr. No Parking Anytime Lisgar Ave. North 186.5 m West of Van Norman Dr. 201 m West of Van Norman Dr. No Parking Anytime Page 142 of 324 By-Law 2022-___ Page 33 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Lisgar Ave. North Devonshire Ave. Broadway No Parking Anytime London St. West South Broadway Dead End No Parking Anytime Maple Lane Both Hyman Brock St. E. No Parking Anytime McKenzie Street South Harvey St. Dead End No Parking 9 a.m. to 6 p.m. Neff Alley Both Tillson Street Ontario St. No Parking Anytime Niagara St. North Broadway Victoria St. No Parking Anytime North St. East Both Broadway East Town Limits No Parking Anytime Old Vienna Road Both Simcoe St. New Vienna Road No Parking Anytime Ontario St. Both Simcoe St. Dead End No Parking Anytime Oxford St. South Tillson Ave. Broadway No Parking Anytime Parkwood Dr. East Concession St. Demeyere Ave. No Parking Anytime Pine St. South Tillson Ave. Maple Lane No Parking Anytime Potters Road East Simcoe St. Town Limits No Parking Anytime Prospect St. South Broadway Bidwell St. No Parking Anytime PUC Alley Both Elgin St. Durham St. No Parking Anytime Queen Street West 36 m South of Bridge St 52 m South of Bridge Street No Parking Anytime Rogers St. South Alley North & South 1st Alley East of Tillson Avenue East Limit of Rogers Street No Parking Anytime Rolph St. West Baldwin Street North Side of Ridout Street No Parking Anytime Rolph St. West 41.7 m North of Ridout Street Concession St. West No Parking Anytime Page 143 of 324 By-Law 2022-___ Page 34 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Rolph St. East 24.9 m South of Wolf Street 66.7 m South of Wolf Street No Parking Anytime Rolph St. East North side of Wolf Street 61 m North of Wolf Street No Parking Anytime Rolph St. East 27 m South of Bear Street 35.3 m South of Bear Street No Parking Anytime Sanders St. South Broadway End No Parking Anytime Southridge Road North 140 m West of Quarter Town Line 224 m West of Quarter Town Line No Parking 8:30 am -9:15 am 3:00 pm-3:45 pm Sept – June Mon – Fri Tulip Drive East Trillium Drive Southridge Road No Parking Anytime Valley View Lane Both Hale Street South Dead End No Parking Anytime Van Street North Old Vienna Rd Dead End No Parking Anytime Van Street South Dead End 13 m East of Dead End No Parking Anytime Venison Street West South Broadway West Limit No Parking Anytime Vienna Road West Old Vienna Road Young St. No Parking Anytime Wabash Road Both Bell Mill Side Rd. Dead End No Parking Anytime Washington Grand Ave. North Bidwell Street 27 m West of Broadway No Parking Anytime Washington Grand Ave. North Rolph Street Dead End No Parking Anytime Wolf St. North Broadway Rolph St. No Parking Anytime Woodcock Drive West North Street 113.5 m North of Wren Court No Parking Anytime Wren Court Both Woodcock Drive Woodcock Drive No Parking Anytime Page 144 of 324 By-Law 2022-___ Page 35 of 83 Schedule 3: No Parking at Taxi Stands HIGHWAY SIDE LOCATION NO. OF SPACES HOURS Schedule 4: No Parking in Loading Zones HIGHWAY SIDE LOCATION TIME OR DAYS Broadway East 119 m to 143 meters North of Ridout Street East 15 minutes Hardy Avenue East 102 m to 136 m North of Sanders Street 15 minutes Harvey St. West 127 m South of Bridge Street to 41 m North of Ridout St. Anytime Lot 1A South Adjacent to North Mall Entrance 15 minutes Lot 3A South/East East of Cat Alley 30 minutes Lot 7A East Adjacent to Harvey Street 15 minutes Pearl Street South 13 m from Tillson Avenue Anytime Ridout Street West South From Bidwell Street to 32 meters West of Bidwell Street 30 minutes Washington Grand Avenue North 1st space from Broadway Anytime Schedule 5: Restricted Parking on Specified Streets HIGHWAY SIDE FROM TO TIME OR DAY Baldwin Street Both Broadway Bidwell Street 2 hrs 9 am - 6pm except Sundays & Holidays Bear Street South Rolph Street Bidwell Street 2 hrs 9 am - 6pm except Sundays & Holidays Page 145 of 324 By-Law 2022-___ Page 36 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Bidwell Street West Washington Grand 28.5 m North of Brock St. W. 2 hrs 9 am - 6pm except Sundays & Holidays Bidwell Street West 17.7 m South of Brock Street West Baldwin Street 2 hrs 9 am - 6pm except Sundays & Holidays Bridge Street West North Broadway Rolph Street 2 hrs 9 am - 6pm except Sundays & Holidays Broadway Both London Street Bridge Street 2 hrs 9 am - 6pm except Sundays & Holidays Brock Street East Both Lisgar Avenue Broadway 2 hrs 9 am - 6pm except Sundays & Holidays Brock Street West Both Broadway Bidwell Street 2 hrs 9 am - 6pm except Sundays & Holidays Brock Street West North Bidwell Street Rolph Street 2 hrs 9 am - 6pm except Sundays & Holidays Harvey Street West London Street East Oxford Street 2 hrs 9 am - 6pm except Sundays & Holidays Harvey Street East Oxford Street Ridout Street 2 hrs 9 am - 6pm except Sundays & Holidays Harvey Street West 28 m North of Oxford St. Brock Street 2 hrs 9 am - 6pm except Sundays & Holidays Harvey Street West 20 m South of Bridge St. 66 m South of Bridge St. 30 minutes Harvey Street West 24.6 m South of Bridge St. 83.9 m South of Bridge St. 30 minutes London Street East Both Oxford Street Broadway 2 hrs 9 am - 6pm except Sundays & Holidays London Street West North Broadway Bidwell Street 2 hrs 9 am - 6pm except Sundays & Holidays McKenzie Street North Harvey Street Dead End 2 hrs 9 am - 6pm except Sundays & Holidays Page 146 of 324 By-Law 2022-___ Page 37 of 83 HIGHWAY SIDE FROM TO TIME OR DAY Ridout Street East South Harvey Street Broadway 2 hrs 9 am - 6pm except Sundays & Holidays Ridout Street West Both Broadway Bidwell Street 2 hrs 9 am - 6pm except Sundays & Holidays Ridout Street West North Bidwell Street Raccoon Alley 2 hrs 9 am - 6pm except Sundays & Holidays Ridout Street West South 41 m West of Bidwell Street Raccoon Alley 2 hrs 9am -6pm except Sundays & Holidays Rolph Street East Baldwin Street Brock Street 2 hrs 9 am - 6pm except Sundays & Holidays Rolph Street East Washington Grand Avenue Venison Street 2 hrs 9 am - 6pm except Sundays & Holidays Rolph Street East Wolf Street 24.9 m South of Wolf Street 2 hrs 9 am - 6pm except Sundays & Holidays Rolph Street East 35 m North of Bear St. Venison St. W. 2 hrs 9 am - 6pm except Sundays & Holidays Venison St. W. North Rolph St. Bidwell St. 2 hrs 9 am - 6pm except Sundays & Holidays Washington Grand North Broadway 8 Washington Grand Ave. 2 hrs 9 am - 6pm except Sundays & Holidays Washington Grand South Broadway Bidwell Street 2 hrs 9 am - 6pm except Sundays & Holidays Page 147 of 324 By-Law 2022-___ Page 38 of 83 Schedule 6: Angle Parking Permitted on Specified Streets HIGHWAY SIDE FROM TO Bridge Street North Broadway Fox Alley Bridge Street North Bidwell Street Rolph Street Broadway East & West London Street Bridge Street Brock Street West South Bidwell Street Broadway Maple Lane West 17 m South of Demeyere Avenue 49 m South of Demeyere Avenue Ridout Street East South Harvey Street 19 Ridout Street East Rolph Street West Ridout Street West 48 m North of Ridout Street West Schedule 7: Prohibited Turns INTERSECTION OR PORTION OF HIGHWAY DIRECTION TURNS PROHIBITED TIMES OR DAYS Broadway at John Pound Rd. South “U” Anytime Bloomer Street at John Pound Road Westbound Right Anytime Broadway at 247 Broadway Northbound Left Anytime Broadway at 200 Broadway Street Southbound Left Anytime Oxford Street @ 73 Oxford Street Westbound Left Anytime 73 Oxford St. @ Oxford St. (Exiting 73 Oxford St.) Westbound Left Anytime Page 148 of 324 By-Law 2022-___ Page 39 of 83 Schedule 8: Designated Lane Movements HIGHWAY BETWEEN LANE DIRECTION TIME OR DAYS Broadway Concession Street to 70 meters north 1st lane from West curb South & South to west At all times Broadway Concession Street to 70 meters north 2nd lane from West curb South to East only At all times Broadway Concession Street to 70 meters South 1st lane from East curb North and North to East At all times Simcoe Street Tillson Avenue to 70 meters East 1st lane from North curb West to North only At all times Simcoe Street Tillson Avenue to 70 meters East 2nd lane from North curb West only At all times Oxford Street Bloomer Street to 70 meters West 1st lane from South curb East and East to South At all times Oxford Street Bloomer Street to 70 meters West 2nd lane from South curb East to North only At all times Tillson Avenue Oxford Street 1st lane from West curb South and South to West At all times Tillson Avenue Oxford Street and Hyman St. 2nd lane from West curb South to East only At all times Schedule 9: Designated Stop Signs INTERSECTION FACING TRAFFIC Adams Avenue at Allen Street Eastbound on Adams Avenue Adams Avenue at Fernwood Drive Eastbound on Adams Avenue Alba Avenue at Devon Court Northbound & Southbound on Alba Avenue Alexander Avenue at Demeyere Avenue 2-Soundbound and 1-Northbound on Alexander Avenue Page 149 of 324 By-Law 2022-___ Page 40 of 83 INTERSECTION FACING TRAFFIC Allen Street at Glendale Drive 2-Westbound on Allen Street Alley 1 (unnamed) Queen St. Westbound on (unnamed) Alley at Queen Street. Alley (unnamed) at King St Eastbound on Alley (unnamed at King St. Alley (unnamed) at Gowrie St. E Northbound and Southbound on Gowrie St. E Alley (unnamed) at Denton Avenue Northbound on Alley (unnamed) at Denton Avenue Alley (unnamed) at Third Street Southbound on Alley (unnamed) at Third Street Alley (unnamed) at Fourth Street Northbound on Alley (unnamed) at Fourth Street Alley (unnamed) at Rodgers Street (west access) Northbound on Alley (unnamed) at Rodgers Street Alley (unnamed) at Rodgers Street (east access) Northbound on Alley (unnamed) at Rodgers Street Alley (unnamed) at Pearl Street Northbound on Alley (unnamed) at Pearl Street Alley (unnamed) at Pearl Street Northbound on Alley (unnamed) at Pear Street Alley (unnamed) at Pine Street Southbound on Alley (unnamed) at Pine Street Alley (unnamed) at Pine Street Southbound on Alley (unnamed) at Pine Street Alley (unnamed) at Rolph Street Westbound on Alley (unnamed) at Rolph Street Alley (unnamed) at Raccoon Alley Eastbound on Alley (unnamed) at Raccoon Alley Alley (unnamed) at McKenzie Street Westbound on Alley (unnamed) at McKenzie Street Andover Avenue at Glendale Drive Northbound on Andover Avenue Andover Avenue at Glenridge Road Southbound on Andover Avenue Ann Street at Concession Street Southbound on Ann Street Ann Street at Victoria Street Westbound on Ann Street Arbor Lane at Parkwood Drive Eastbound on Arbor Lane Arbor Lane at Alexander Avenue Westbound on Arbor Lane Argyle Street at Quarter Town Line Westbound on Argyle Street Argyle Street at Gibson Drive Eastbound on Argyle Street Armstrong Drive at Wilson Avenue Eastbound and Northbound on Armstrong Drive Arnold Street at Denrich Avenue Eastbound on Arnold Street Arnold Street at Sanders Crescent Southbound on Arnold Street Balazs Court at Wilson Avenue Westbound on Balazs Court Baldwin Street at Weston Drive Northbound on Baldwin Street Baldwin Street at Quarter Town Line Eastbound and Westbound on Quarter Town Line Ball Alley at Ball Street Northbound and Southbound on Ball Alley Ball Alley at Cedar Street Northbound on Ball Alley Ball Alley at Oak Street Southbound on Ball Alley Ball Alley at Ontario Street Northbound and Southbound on Ontario St. Ball Alley at Pine Avenue Northbound & Southbound on Ball Alley Page 150 of 324 By-Law 2022-___ Page 41 of 83 INTERSECTION FACING TRAFFIC Ball Street at Duncan Street Northbound & Southbound on Ball Street Ball Street at Lincoln Street Northbound & Southbound on Ball Street Ball Street at Simcoe Street Northbound on Ball Street Ball Street at Town Line Road Southbound on Ball Street Barker Street at Magnolia Drive Southbound on Barker Street Barker Street at Tillson Avenue Westbound on Barker Street Bear Street at Broadway Eastbound on Bear Street Bear Street at Rolph Street Westbound on Bear Street Beckett Boulevard at North Street Southbound on Beckett Boulevard Beckett Boulevard at Cranberry Road Westbound on Beckett Boulevard Beech Boulevard at Quarter Town Line Eastbound on Beech Boulevard Beech Boulevard at Concession St. W Southbound on Beech Boulevard Belfast Circle at Gibson Drive Southbound on Belfast Circle Belmont Avenue at Allen St. Eastbound on Belmont Avenue Belmont Avenue at Lyndale Road Westbound on Belmont Avenue Beretta Street at Harvest Avenue Westbound on Beretta Street Beth Court at Trottier Drive Westbound on Beth Court Bidwell Street at Baldwin Street Northbound & Southbound on Bidwell St. Bidwell Street at Bear Street Northbound & Southbound on Bidwell St. Bidwell Street at Concession Street Northbound on Bidwell St. Bidwell Street at Ridout St. Northbound & Southbound on Bidwell St. Bidwell Street at Washington Grand Northbound & Southbound on Bidwell St. Birch Drive at Hillyndale Drive Southbound & Westbound on Birch Drive Birdyway Drive at Beech Blvd. Southbound of Birdyway Drive Bloomer Street at John Pound Road Southbound on Bloomer St. Bond Street at Wellington St. Eastbound on Bond St. Bond Street at Tillson Avenue Westbound on Bond St. Borden Crescent at John Pound Road Eastbound on Borden Crescent Brad Avenue at James Avenue Northbound on Brad Avenue Brad Avenue at North Street Southbound on Brad Avenue Brasher Drive at Wilson Avenue Eastbound & Southbound on Brasher Dr. Braun Avenue at North Street East Southbound on Braun Avenue Bridle Path at Baldwin Street Northbound on Bridle Path Bridge Street at Bidwell St. Eastbound & Westbound on Bridge St. Bridge Street East at Lisgar Avenue Westbound on Bridge St. Bridge Street at Rolph Street Westbound on Bridge St. Bridge Street at Tillson Avenue Eastbound on Bridge St. Broadway at John Pound Road Northbound on Broadway Brock Street at Bidwell Street Eastbound & Westbound on Brock St. Brock Street at Harvey St. Eastbound & Westbound on Brock St. Brookside Lane at Allen St. Southbound on Brookside Lane Brookside Lane at Glendale Drive Southbound on Brookside Lane Page 151 of 324 By-Law 2022-___ Page 42 of 83 INTERSECTION FACING TRAFFIC Burdock Court at Goldenrod Drive Westbound on Burdock Court Camdon Court at Glendale Drive 2-Westbound on Camdon Court Canary Street at Braun Street Eastbound on Canary Street Canary Street at Tanager Drive Westbound on Canary Street Cardinal Court at Owl Drive Southbound on Cardinal Court Carolina Street at Allen Street Westbound on Carolina St. Carolina Street at Broadway Eastbound on Carolina St. Cat Alley at Brock Street Northbound & Southbound on Cat Alley Cat Alley at London Street Southbound & Northbound on Cat Alley Cat Alley at Oxford Street Northbound & Southbound on Cat Alley Cat Alley at Ridout Street East Northbound on Cat Alley Catalpa Court at Beech Blvd. Northbound on Catalpa Court Cedar Street at Spruce Street Southbound on Cedar St. Cedar Street at Town Line Road Northbound & Southbound on Cedar St. Cedar Street at Lincoln Street Northbound & Southbound on Cedar St. Cedar Street at Simcoe Street Northbound on Cedar St. Centennial Avenue at Devonshire Avenue Westbound on Centennial Avenue Centennial Avenue at VanNorman Drive Eastbound on Centennial Avenue Charles Street at Tillson Avenue Westbound on Charles St. Charlotte Avenue at Concession Street Northbound on Charlotte Avenue Charlotte Avenue at Dereham Drive Southbound on Charlotte Avenue Christie Street at Broadway Eastbound on Christie St. Christie Street at Allen Street Westbound on Christie St. Christopher Court at Alexander Avenue Westbound on Christopher Court Clarence Street at Charlotte Avenue Westbound on Clarence St. Clarke Street at Tillson Avenue Eastbound & Westbound on Clarke St. Clear Valley Drive at Wilson Avenue Westbound on Clear Valley Drive Clearview Drive at Bayham Drive Westbound on Clearview Drive Clearview Drive at Highway #3 Southbound on Clearview Drive Colin Avenue at Trottier Drive Eastbound on Colin Avenue Collin Avenue (East Leg) at Collin Avenue Northbound on Collin Avenue Concession Street at Lisgar Avenue Eastbound & Westbound on Concession St. Concession Street at Maple Lane Eastbound & Westbound on Concession St. Concession Street West at Quarter Town Line Eastbound & Westbound on Concession St. West Raccoon Alley at Baldwin Street Northbound & Southbound on Raccoon Alley Raccoon Alley at Bear Street Northbound & Southbound on Raccoon Alley Raccoon Alley at Bridge Street Northbound on Raccoon Alley Raccoon Alley at Brock Street West Northbound & Southbound on Raccoon Alley Raccoon Alley at Concession Street West Northbound on Raccoon Alley Raccoon Alley at Hale Street Northbound on Raccoon Alley Page 152 of 324 By-Law 2022-___ Page 43 of 83 INTERSECTION FACING TRAFFIC Raccoon Alley at London Street West Northbound & Southbound on Raccoon Alley Raccoon Alley at Ridout Street West Northbound & Southbound on Raccoon Alley Raccoon Alley at Venison Street Northbound & Southbound on Raccoon Alley Raccoon Alley at Washington Grand Avenue Northbound & Southbound on Raccoon Alley Raccoon Alley at Wolf Street Northbound & Southbound on Raccoon Alley Coreless Lane at Brock Street West Northbound on Coreless Lane Coreless Lane at Hyman Street Southbound on Coreless Lane Coulthard Street at Livingston Drive Southbound on Coulthard Street Coulthard Street at North Street East Northbound on Coulthard Street Coyle Lane at Tillson Avenue Westbound on Coyle Lane Craig Street on Allen Street Northbound on Craig Street Craig Street at Glendale Southbound on Craig Street Cranberry Road at North Street Southbound on Cranberry Road Crocus Avenue at Dogwood Avenue Eastbound on Crocus Avenue Curren Crescent at Livingston Drive Southbound on Curren Crescent (East) Curren Crescent at Livingston Drive Southbound on Curren Crescent (West) Delevan Crescent at Lisgar Avenue Eastbound on Delevan Crescent Demeyere Avenue at Concession Street East Northbound on Demeyere Avenue Demeyere Avenue at Maple Lane Westbound on Demeyere Avenue Denis Court at Lady Avenue Eastbound on Denis Court Denrich Avenue Dereham Drive Northbound & Southbound on Denrich Ave. Denrich Avenue at Sanders Crescent Northbound and Southbound on Denrich Avenue Denrich Avenue at Wilson Avenue Westbound on Denrich Avenue Denrich Avenue at Clarence Street Northbound on Denrich Avenue Denton Avenue at Gowrie Street Northbound & Southbound on Denton Avenue Denton Avenue at John Street Northbound on Denton Denton Avenue at Park Avenue Eastbound on Denton Avenue Dereham Drive at Wilson Avenue Eastbound on Dereham Drive Dereham Drive at Quarter Town Line Westbound on Dereham Drive Devon Court at Devonshire Avenue Northbound on Devon Court Devon Court at Lisgar Avenue Eastbound on Devon Court Devonshire Avenue at Broadway Westbound on Devonshire Avenue Devonshire Avenue at Lisgar Avenue Southbound on Devonshire Avenue Dogwood Drive at Trillium Drive Southbound on Dogwood Drive Duncan Street at Goshen Street Eastbound on Duncan Street Duncan Street at Tillson Street Westbound on Duncan Street Durham Street at Lisgar Avenue Westbound on Durham Street Page 153 of 324 By-Law 2022-___ Page 44 of 83 INTERSECTION FACING TRAFFIC Durham Street at Tillson Avenue Eastbound on Durham Street Earle Street at Cedar Street Westbound on Earle Street Earle Street at Tillson Avenue Eastbound on Earle Street Ebert Alley at Bridge Street Northbound on Ebert Alley Ebert Alley at Brock Street East Northbound & Southbound on Ebert Alley Ebert Alley at Durham Street Northbound & Southbound on Ebert Alley Ebert Alley at Elgin Street Northbound & Southbound on Ebert Alley Eden Place at Andover Avenue Eastbound on Eden Avenue Edgewood Drive at Brock Street Northbound on Edgewood Drive Edwin Crescent at Wilson Avenue Eastbound on Edwin Crescent Edwin Crescent at Edwin Crescent Southbound on Edwin Crescent Eleanor Court at Potters Road Eastbound on Eleanor Court Elgin Street at Lisgar Avenue Westbound on Elgin Street Elgin Street at Tillson Avenue Eastbound on Elgin Street Elm Street at Cedar Street Eastbound & Westbound on Elm Street Elm Street at Lincoln Street Southbound on Elm Street Erie Court at Devonshire Avenue Southbound on Erie Court Esseltine Drive at Quarter Town Line Eastbound on Esseltine Drive Evergreen Court at Victoria Way Northbound on Evergreen Court Fairfield Crescent at Parkwood Drive Southbound & Westbound on Fairfield Crescent Fairs Crescent at Baldwin Street Westbound on Fairs Crescent Fairs Crescent at Fairs Crescent Northbound on Fairs Crescent Fairview Street at Quarter Town Line Westbound on Fairview Street Fairway Hills Boulevard at Quarter Town Line Road Eastbound on Fairway Hills Boulevard Falcon Road at North Street Southbound on Falcon Road Falcon Road at Tanager Drive Northbound on Falcon Road Fernwood Drive at Allen Street Northbound & Southbound on Fernwood Drive First Alley at Tillson Street Westbound on First Alley Fifth Street at Lisgar Avenue Westbound on Fifth Street Fifth Street at Tillson Avenue Eastbound on Fifth Street First Street at Tillson Avenue Eastbound on First Street First Street at King Street Westbound on First Street First Street at Queen Street Westbound & Eastbound on First Street First Street at Lisgar Avenue Westbound on First Street Forest Glenn Court at Trottier Drive Westbound on Forest Glenn Court Fourth Street at Lisgar Avenue Eastbound & Westbound on Fourth Street Fourth Street at Tillson Avenue Eastbound on Fourth Street Fox Alley at Baldwin Street Northbound & Southbound on Fox Alley Fox Alley at Bear Street Northbound & Southbound on Fox Alley Page 154 of 324 By-Law 2022-___ Page 45 of 83 INTERSECTION FACING TRAFFIC Fox Alley at Brock Street West Northbound & Southbound on Fox Alley Fox Alley at Concession Street West Northbound on Fox Alley Fox Alley at London Street West Northbound & Southbound on Fox Alley Fox Alley at Prospect Street Northbound & Southbound on Fox Alley Fox Alley at Ridout Street West Northbound & Southbound on Fox Alley Fox Alley at Venison Street West Southbound on Fox Alley Fox Alley at Washington Grand Avenue Southbound on Fox Alley Fox Alley at Wolf Street Northbound & Southbound on Fox Alley Frances Street at Kara Lane Eastbound on Frances Street Frances Street at Tillson Avenue Westbound on Frances Street Frank Street at Concession Street Northbound on Frank Street Frank Street at Delevan Crescent Southbound on Frank Street Frank Street at Fourth Street Northbound on Frank Street Frank Street at Lisgar Avenue Eastbound on Frank Street Frank Street at Second Street Northbound & Southbound on Frank St Frank Street at Third Street Northbound & Southbound on Frank St George Street at John Pound Road Eastbound on George Street Gibson Drive at Quarter Town Line Westbound on Gibson Drive Glendale Drive at Broadway Eastbound on Glendale Drive Glendale Drive at Quarter Town Line Westbound on Glendale Drive Glendale Drive at Quarter Town Line Eastbound on Glendale Drive Glendale Drive at McGuire Crescent (West Lag) Westbound on Glendale Drive Glenridge Road at Glendale Drive Eastbound on Glenridge Road Glenridge Road at Andover Avenue Eastbound on Andover Avenue Goldenrod Drive at Baldwin Street Northbound on Goldenrod Drive Goldenrod Drive at Ridge Boulevard Southbound on Goldenrod Drive Goshen Street at Simcoe Street Northbound on Goshen Street Gowrie Street at Ann Street Westbound on Gowrie Street Gowrie Street at Broadway Eastbound & Westbound on Gowrie Street Gowrie Street at Park Avenue Eastbound on Gowrie Street Greeneagle Drive at Birdyway Drive Westbound on Greeneagle Drive Greeneagle Drive at Fairway Hills Blvd. Northbound on Greeneagle Drive Gyulveszi Park at Barker Street Southbound on Gyulveszi Park Gyulveszi Park at Wellington Street Westbound on Gyulveszi Park Hale Street at Raccoon Alley Eastbound on Hale Street Hale Street at Rolph Street Eastbound & Westbound on Hale Street Hampton Court at Gibson Drive Court Southbound on Hampton Hardy Avenue at Hardy Avenue Eastbound & Westbound & Southbound on Hardy Avenue Hardy Avenue at John Street Southbound on Hardy Avenue Hardy Avenue at Lisgar Avenue Northbound on Hardy Avenue Page 155 of 324 By-Law 2022-___ Page 46 of 83 INTERSECTION FACING TRAFFIC Hardy Avenue at Sanders Street Northbound & Southbound on Hardy Avenue Harris Street at King Street Eastbound on Harris Street Harris Street at Lisgar Avenue Westbound on Harris Street Harvest Avenue at West Town Line Eastbound on Harvest Avenue Harvest Avenue at Potters Road Northbound on Harvest Avenue Harvey Street at Bridge Street Northbound on Harvey Street Harvey Street at Brock Street Northbound & Southbound on Harvey Street Harvey Street at London Street Southbound on Harvey Street Harvey Street at Oxford Street Northbound & Southbound on Harvey Street Harvey Street at Lot 7A Northbound & Southbound on Harvey Street Harwood Street at Harvest Avenue Westbound on Harwood Street Harwood Street at Seaton Crescent Eastbound on Harwood Street Hawkins Crescent at Wilson Avenue Eastbound on Hawkins Crescent Hawkins Crescent at Hawkins Crescent Southbound on Hawkins Crescent Hawthorne Crescent at Glendale Drive Northbound on Hawthorne Crescent Hawthorne Crescent at Parkside Drive Eastbound on Hawthorne Crescent Herford Street at North Street Northbound on Herford Street Herford Street at Wellington Street Westbound on Herford Street Hickory Lane at Holland Gate Eastbound & Westbound on Hickory Lane Hickory Lane at Wilson Avenue Westbound on Hickory Lane Highland Drive at Hillyndale Road Northbound on Highland Drive Hilldrop Crescent at James Avenue Southbound on Hilldrop Crescent Hilldrop Crescent at Woodland Crescent Northbound on Hilldrop Crescent Hilliker Alley at Durham Street Northbound & Southbound on Hilliker Alley Hilliker Alley at Elgin Street Southbound on Hilliker Alley Hillside Drive at Birch Drive Eastbound on Hillside Drive Hillside Drive at Hillyndale Road Westbound on Hillside Drive Hillyndale Road at Potters Road Eastbound on Hillyndale Road Hogarth Drive at Esseltine Drive Northbound on Hogarth Drive Hogarth Drive at Weston Drive 2-Westbound on Hogarth Drive Hogarth Drive at Weston Drive Eastbound on Hogarth Drive Holland Gate at Baldwin Street Southbound on Holland Gate Holland Gate at Clear Valley Drive Northbound on Holland Gate Hollier Drive at Hogarth Drive Northbound on Hollier Drive Hollier Drive at Weston Drive Eastbound on Hollier Drive Howe Avenue at Denrich Avenue Northbound on Howe Avenue Howe Avenue at Segal Drive Southbound on Howe Avenue Howe Avenue at Trottier Drive Northbound on Howe Avenue Hurley Avenue at Wilson Avenue Northbound on Hurley Avenue Page 156 of 324 By-Law 2022-___ Page 47 of 83 INTERSECTION FACING TRAFFIC Hunter Crescent at Windemere Avenue Northbound & Southbound on Hunter Crescent Huntley Avenue at Livingston Drive Southbound on Huntley Avenue Huntley Avenue at North Street East Northbound on Huntley Avenue Hurley Avenue at Clarence Street Southbound on Hurley Avenue Hyman Street at Tillson Avenue Westbound on Hyman Street Jackson Court at Wilson Avenue 2-Westboound on Jackson Court James Avenue at North Street Southbound on James Avenue James Avenue at Quarter Town Line Eastbound & Westbound on James Street James Avenue at Woodland Crescent Westbound on James Avenue Jane Street at Lowrie Crescent Westbound on Jane Street Jane Street at Parkdale Drive Eastbound on Jane Street Jean Ferrie Court Westbound on Jean Ferrie Court John Pound Road at Highway #3 Southbound on John Pound Road John Street at Broadway Westbound on John Street John Street at Reynolds Drive Eastbound on John Street Jones Crescent at Jones Crescent Westbound on Jones Crescent Jones Crescent at Weston Drive Southbound on Jones Crescent Joseph Street at Maple Lane Westbound & Eastbound on Joseph St. Joseph Street at Tillson Avenue Westbound on Joseph Street Judy Avenue at Trottier Drive Northbound on Judy Avenue Judy Avenue at Segal Drive Southbound on Judy Avenue Kara Lane at Kara Lane Southbound on Kara Lane Kamps Crescent at Denrich Avenue Westbound and Southbound on Kamps Crescent Keba Crescent at Keba Crescent Southbound on Keba Crescent Keba Crescent at Braun Avenue Eastbound on Braun Avenue King Street at Bridge Street Northbound & Southbound on King Street King Street at Brock Street Southbound on King Street King Street at Concession Street Northbound & Southbound on King Street King Street at Durham Street Northbound & Southbound on King Street King Street at Elgin Street North & Southbound on King Street King Street at Fourth Street North & Southbound on King Street Lady Avenue at Baldwin Street Northbound on Lady Avenue Lady Avenue at Ridge Boulevard Southbound on Lady Avenue Lamers Court at Devonshire Avenue Southbound on Lamers Court Langrell Avenue at Quarter Town Line Westbound on Langrell Avenue Lark Street at Canary Street Northbound on Lark Street Lark Street at Keba Crescent Eastbound on Lark Street Lincoln Street at Goshen Road Eastbound on Lincoln Street Lincoln Street at Tillson Street West & Eastbound on Lincoln Street Lincoln Street at Vienna Road Westbound on Lincoln Street Lindsay Street at Magnolia Drive Eastbound on Lindsay Street Page 157 of 324 By-Law 2022-___ Page 48 of 83 INTERSECTION FACING TRAFFIC Lindsay Street at Tillson Avenue Westbound on Lindsay Street Lisgar Avenue at Broadway Westbound on Lisgar Avenue Lisgar Avenue at Bridge Street Northbound & Southbound on Lisgar Avenue Lisgar Avenue at Brock Street Southbound on Lisgar Avenue Lisgar Avenue at Concession Street Northbound & Southbound on Lisgar Avenue Lisgar Court at Concession Street 2-Southbound on Lisgar Court Livingston Drive at Coulthard Street Westbound on Livingston Drive Livingston Drive at Huntley Avenue Eastbound on Livingston Drive London Street at Bidwell Street Eastbound & Westbound on London Street London Street at Broadway Eastbound & Westbound on London Street London Street at Oxford Street Eastbound on London Street Lorriane Avenue at Potters Road Eastbound on Lorriane Avenue Lot 7A at Harvey Street 2-Westbound on Lot 7A Lowrie Crescent at Dereham Drive Southbound on Lowrie Crescent Lowrie Crescent at Wilson Avenue Northbound on Lowrie Crescent Lyndale Road at Glendale Drive Southbound on Lyndale Road Magnolia Drive at Barker Street Northbound on Magnolia Drive Magnolia Drive at Peach Street Eastbound & Westbound on Magnolia Drive Mallard Street at Braun Avenue Eastbound on Mallard Street Maple Court at Concession Street Northbound on Maple Court Maple Court at Maple Lane Southbound on Maple Court Maple Lane at Brock Street East Northbound & Southbound on Maple Lane Maple Lane at Concession Street North & Southbound on Maple Lane Maple Lane at Joseph Street Northbound on Maple Lane Maple Villa Court at Concession St East Southbound on Maple Villa Court Martin Street at Canary Street Northbound & Southbound on Martin Street Martin Street at Lark Street Southbound on Martin Street Mary Street at Joseph Street Southbound on Mary Street Mary Street at Kara Lane Northbound on Mary Street McDonald Court at Wilson Avenue Westbound on McDonald McGuire Crescent (West Lag) at Glendale Drive Northbound on McGuire Crescent McGuire Crescent (East Lag) at Glendale Drive Northbound on McGuire Crescent McKenzie Street at Harvey Street Westbound on McKenzie Street Monice Street at Barker Street Westbound on Monice Street Moose Street at Broadway Street Eastbound on Moose Street Morning Glory Drive at Crocus Avenue Northbound on Morning Glory Drive Morning Glory Drive at Trillium Drive Southbound on Morning Glory Drive Myrtle Street at William Street Northbound on Myrtle Street Nancy Court at Glendale Drive Southbound on Nancy Court Page 158 of 324 By-Law 2022-___ Page 49 of 83 INTERSECTION FACING TRAFFIC Neff Alley at Ball Street Eastbound and Westbound on Ball St. Neff Alley at Goshen Street Eastbound on Goshen Street Neff Alley at Ontario Street Eastbound and Westbound on Neff Alley Neff Alley at Tillson Street Westbound on Neff Alley Nelson Street at Tillson Avenue Westbound on Nelson Street Nelson Street at Wellington Street Eastbound on Nelson Street Niagara Street at Broadway Eastbound on Niagara Street Niagara Street at Victoria Street Westbound on Niagara Street Northern Lane at North Street East Southbound on Northern Lane North Street at Tillson Avenue Eastbound & Westbound on North Street North Street West at Quarter Town Line Eastbound & Westbound on North Street West Northview Drive at Quarter Town Line Westbound on Northview Drive Oak Street at Earle Street Southbound on Oak Street Oak Street at Tillson Street Eastbound on Oak Street Old Vienna Road at Simcoe Street Northbound on Old Vienna Road Old Vienna Road at Vienna Road Southbound on Old Vienna Road Ontario Street at Duncan Street Northbound & Southbound on Ontario Street Ontario Street at Lincoln Street Northbound & Southbound on Ontario Street Ontario Street at Simcoe Street Northbound on Ontario Street Otter Court at Demeyere Avenue Westbound on Otter Court Owl Drive at Tanager Drive Eastbound on Owl Drive Owl Drive at Woodcock Drive Westbound on Owl Drive Palmer Alley at Sanders Street Southbound on Palmer Alley Palmer Alley at Hardy Avenue Southbound on Palmer Alley Park Avenue at Concession Street Southbound on Park Avenue Park Avenue at Gowrie Street Northbound on Park Avenue Parkdale Avenue at Charlotte Avenue 2-Eastbound on Parkdale Park Drive at North Street West Northbound on Park Drive Park Drive at Park Place Southbound on Park Drive Park Place at Quarter Town Line Westbound on Park Place Parkdale Avenue at Charlotte Avenue 2-Eastbound on Parkdale Avenue Parkside Drive at Glendale Drive Northbound on Parkside Drive Parkwood Drive at Concession Street Northbound & Southbound on Parkwood Drive Parkwood Drive at Demeyere Avenue North & Southbound on Parkwood Drive Parkwood Court at Parkwood Drive Westbound on Parkwood Court Peach Street at Barker Street Northbound & Southbound on Peach Street Peach Street at Kara Lane Southbound on Peach Street Peach Street at Magnolia Drive Northbound & Southbound on Peach Street Pearl Street at Maple Lane Eastbound & Westbound on Pearl Street Page 159 of 324 By-Law 2022-___ Page 50 of 83 INTERSECTION FACING TRAFFIC Pearl Street at Tillson Avenue Westbound on Pearl Street Pheasant Court at Woodcock Drive Southbound on Pheasant Court Pine Avenue at Earle Street Northbound & Southbound on Pine Avenue Pine Avenue at Simcoe Street Northbound on Pine Avenue Pine Street at Maple Lane Eastbound & Westbound on Pine Street Pine Street at Pearl Street Northbound on Pine Street Pine Street at Tillson Avenue Westbound on Pine Street Poplar Street at Allen Street Northbound on Poplar Street Poplar Street at Glendale Drive Southbound on Poplar Street Primrose Drive at Crocus Avenue Northbound on Primrose Drive Primrose Drive at Trillium Drive Southbound on Primrose Drive Prospect Street at Broadway Eastbound on Prospect Street Prospect Street at Bidwell Street Westbound on Prospect Street PUC Alley at Elgin Street Southbound on PUC Alley PUC Alley at Durham Street Northbound on PUC Alley Quarter Town Line at Baldwin Street Northbound and Southbound on Quarter Town Line Quarter Town Line at Concession Street North & Southbound on Quarter Town Line Quarter Town Line Road at North Street Northbound & Southbound on Quarter Town Line Queen Street at Bridge Street Northbound & Southbound on Queen St. Queen Street at Concession Street Northbound & Southbound on Queen St. Queen Street at Durham Street North & Southbound on Queen St. Queen Street at Elgin Street Northbound & Southbound on Queen St. Queen Street at Fourth Street Northbound & Southbound on Queen St. Queen Street at Lisgar Avenue Southbound on Queen Street Railway Alley at Denton Avenue Westbound on Railway Alley Railway Alley at Gowrie Street Southbound on Railway Alley Reid Street at Concession Street West Northbound on Reid Street Reid Street at Wilson Avenue Southbound on Reid Street Ridge Boulevard at Woodhaven Drive Westbound on Ridge Boulevard Ridgeview Avenue at Vienna Road (Hwy #19) Eastbound on Ridgeview Avenue Ridout Street at Bidwell Street Eastbound & Westbound on Ridout Street Ridout Street at Harvey Street Eastbound on Ridout Street Ridout Street at Rolph Street Westbound on Ridout Street Richard Court at Lady Avenue Westbound on Richard Court Robin Road at Bobolink Drive Northbound on Robin Road Robin Road at Owl Drive Southbound on Robin Road Rodgers Street at Tillson Avenue Westbound on Rodgers Street Rokeby Side Road at Bell Mill Side Road Eastbound on Rokeby Side Road Page 160 of 324 By-Law 2022-___ Page 51 of 83 INTERSECTION FACING TRAFFIC Rolph Street at Baldwin Southbound on Rolph Street Rolph Street at Bear Street North & Southbound on Rolph Street Rolph Street at Concession Street Northbound on Rolph Street Rosalynn Circle at Allen Street Eastbound on Rosalynn Circle Ross Street at Gowrie Street Southbound on Ross Street Rouse Street at Young Street Westbound on Rouse Street Rouse Street at Vienna Road Eastbound & Westbound on Rouse Street Sanders Street at Broadway Westbound on Sanders Street Sanders Street at Reynolds Drive Eastbound on Sanders Streets Sanders Crescent at Dereham Drive Northbound on Sanders Crescent Sanders Crescent at Quarter Town Line Westbound on Sanders Crescent Sandy Court at Tillson Avenue Eastbound on Sandy Court Seaton Crescent at Beretta Street Southbound on Seaton Crescent Seaton Crescent at Harvest Avenue Westbound on Seaton Crescent Second Street at Delevan Crescent Westbound on Second Street Second Street at Lisgar Avenue Eastbound on Second Street Segal Drive at Trottier Drive Westbound on Segal Drive Seres Drive at Wilson Avenue 2-Eastbound on Seres Drive Sierra Street at Trailview Drive Westbound on Sierra Street Sierra Street at Victoria Way Eastbound on Sierra Street Sinclair Drive at Wilson Avenue 2-Eastbound on Sinclair Drive Southridge Road at Quarter Town Line Eastbound on Southridge Road Southridge Road at Dogwood Drive Westbound on Southridge Road Spruce Street at Vienna Road Westbound on Spruce Street Spruce Street at Bell Mill Side Road Eastbound on Spruce Street Stoney Court at Van Norman Drive Eastbound on Stoney Court Stubbs Court at Cedar Street Eastbound on Stubbs Court Sycamore Drive at Beech Street Westbound on Sycamore Drive Sycamore Drive at William Street Eastbound on Sycamore Drive Tanager Drive at Falcon Road Eastbound on Tanager Drive Tanager Drive at Falcon Road Southbound on Tanager Drive Tanager Drive at Owl Drive Northbound on Tanager Drive Third Street at Delevan Crescent Westbound on Third Street Third Street at King Street Westbound on Third Street Third Street at Lisgar Avenue Eastbound & Westbound on Third Street Third Street at Queen Street Eastbound on Third Street Third Street at Tillson Avenue Eastbound on Third Street Thistle Court at Goldenrod Drive Westbound on Thistle Court Thomas Avenue at Demeyere Avenue 2-Southbound on Thomas Avenue Thorncliffe Circle at Allen Street Southbound on Thorncliffe Circle Tillson Avenue at North Street Northbound on Tillson Avenue Tillson Street at Town Line Road Southbound on Tillson Street Page 161 of 324 By-Law 2022-___ Page 52 of 83 INTERSECTION FACING TRAFFIC Town Line Road at Goshen Road Eastbound & Westbound on Town Line Road Town Line Road at Vienna Road Westbound on Town Line Road Trailview Drive at Victoria Way Eastbound on Trailview Drive Trillium Drive at Quarter Town Line Eastbound on Trillium Drive Trottier Drive at Baldwin Street Southbound on Trottier Drive Trottier Drive at Segal Drive Southbound on Trottier Drive Tulip Drive at Southridge Road Northbound on Tulip Drive Tulip Drive at Trillium Drive Southbound on Tulip Drive Valley Road at Glenridge Road Northbound on Valley Road Valleyview Lane at Washington Grand Avenue Northbound & Southbound on Valleyview Lane Van Street at Old Vienna Road Eastbound on Van Street Van Norman Drive at Centennial Avenue Southbound on Van Norman Drive Van Norman Drive at Lisgar Avenue Southbound on Van Norman Drive Vance Drive at North Street Northbound on Vance Drive Venison Street at Rolph Street Eastbound & Westbound on Venison Street Venison Street at Bidwell Street Eastbound & Westbound on Venison Street Venison Street at Broadway Eastbound & Westbound on Venison Street Venison Street at Lisgar Avenue Eastbound on Venison Street Verna Drive at Tillson Street Eastbound on Verna Drive Victoria Street at Concession Street Southbound on Victoria Street Victoria Street at Glendale Drive Northbound on Victoria Street Victoria Way at Sanders Crescent Northbound on Victoria Way Victoria Way at Trailview Drive Westbound on Victoria Way Virginia Street at Adams Avenue Westbound on Virginia Street Wabash Road at Bell Mill Side Road East & Westbound on Wabash Road Washington Grand Avenue at Bidwell Street Eastbound & Westbound on Washington Grand Avenue Washington Grand Avenue at Broadway Eastbound on Washington Grand Avenue Washington Grand Avenue at Rolph Street Eastbound & Westbound on Washington Grand Avenue Welding Road at Sanders Street Southbound on Welding Road Wellington Street at Barker Street Southbound on Wellington Street Wellington Street at Clarke Street Northbound on Wellington Street Wellington Street at North Street Northbound on Wellington Street Westfield Drive at Quarter Town Lin Road Eastbound on Driveway Weston Drive at Baldwin Street Northbound on Weston Drive Weston Drive at Esseltine Drive Northbound on Weston Drive Whispering Pine Lane at Baldwin Street Northbound on Whispering Pine Lane Wilkins Crescent at Wilson Avenue Westbound on Wilkins Crescent Wilkins Crescent at Wilkins Crescent Northbound on Wilkins Crescent William Street at Quarter Town Line Eastbound on Williams Street William Street at Beech Street Westbound on William Street Page 162 of 324 By-Law 2022-___ Page 53 of 83 INTERSECTION FACING TRAFFIC Wilson Avenue at Baldwin Street Southbound on Wilson Avenue Wilson Avenue at Charlotte Avenue Eastbound & Westbound on Wilson Avenue Wilson Avenue at Denrich Avenue Eastbound on Wilson Avenue Wilson Avenue at Dereham Drive Northbound & Southbound on Wilson Avenue Windemere Avenue at Allen Street Northbound on Windemere Avenue Windemere Avenue at Winona Drive Southbound on Windemere Avenue Winona Drive at Adams Avenue Eastbound on Winona Drive Winona Drive at Glendale Drive Westbound on Winona Drive Wolf Street at Bidwell Street Eastbound & Westbound on Wolf Street Wolf Street at Broadway Eastbound on Wolf Street Wolf Street at Rolph Street Westbound on Wolf Street Woodcock Drive at Bobolink Drive Northbound on Woodcock Drive Woodcock Drive at North Street Southbound on Woodcock Drive Woodhaven Drive at Baldwin Street Northbound on Woodhaven Drive Woodhaven Drive at Woodhaven Drive Eastbound on Woodhaven Woodland Crescent at North Street Southbound on Woodland Crescent Woodland Crescent at Quarter Town Line Road Eastbound on Woodland Crescent Woodside Drive at Hilldrop Crescent Eastbound on Woodside Drive Woodside Drive at Woodland Crescent Westbound on Woodside Crescent Wren Court at Woodcock Drive Northbound on Wren Court Young Street at Vienna Road Eastbound on Young Street Schedule 10: Designated Yield Signs INTERSECTION FACING TRAFFIC Merging lane Broadway to North St W Westbound on North St W Merging lane Broadway to North St E Eastbound on North St E Merging lane Tillson Ave to North St E Eastbound on North St E Merging lane North St E to Cranberry Rd Northbound on Cranberry Rd Merging lane North St W to Tillson Ave Southbound on Tillson Ave Merging lane Cranberry Rd to North St E Westbound on North St E Merging lane Simcoe St to Tillson Ave Northbound on Tillson Ave Merging lane Simcoe Street to Vienna Road Southbound on Vienna Road Merging lane Vienna Rd to Highway 3 Westbound on Highway 3 Merging lane Highway 3 to Highway 19 Northbound on Highway 19 Merging lane Highway 19 to Highway 3 Eastbound on Highway 3 Page 163 of 324 By-Law 2022-___ Page 54 of 83 INTERSECTION FACING TRAFFIC Merging lane Highway 3 to Vienna Rd Southbound on Vienna Rd Merging lane John Pound Rd to Highway 3 Westbound on Highway 3 Schedule 11: One Way Streets HIGHWAY FROM TO DIRECTION Hale Street Raccoon Alley Rolph Street West/East Fox Alley Venison St W 40 meters South of Venison St W North Schedule 12: Through Highways HIGHWAY FROM TO Allen Street Northerly limits of Adams Avenue Easterly limits of Glendale Drive Baldwin Street Easterly limits of Quarter Town Line Westerly limits of Broadway Bear Street Westerly limits of Rolph Street Westerly limits of Broadway Bell Mill Road Southerly limits of Town Line Road Southerly limits of Wabash Road Bidwell Street Southerly limits of Prospect Street Southerly limits of Baldwin Street Bidwell Street Northerly limits of Baldwin Street Southerly limits of Washington Grand Avenue Bidwell Street Northerly limits of Washington Grand Avenue Southerly limits of Bear Street Bidwell Street Northerly limits of Bear Street Southerly limits of Concession Street Bridge Street East Easterly limits of Broadway Westerly limits of Lisgar Avenue Bridge Street East Easterly limits of Lisgar Avenue Westerly limits of Tillson Avenue Broadway Southerly limits of London Street Northerly Town limits Broadway Easterly limits of Broadway Westerly limits of Harvey Street Brock Street Easterly limits of Tillson Avenue Easterly limits of Maple Lane Brock Street Easterly limits of Broadway Westerly limits of Harvey Street Brock Street Easterly limits of Harvey Street Westerly limits of Tillson Avenue Cedar Street Southerly limits of Simcoe Street Northerly limits of Lincoln Street Page 164 of 324 By-Law 2022-___ Page 55 of 83 HIGHWAY FROM TO Charlotte Avenue Southerly limits of Concession Street Northerly limits of Dereham Street Concession Street West Town limits of Broadway Westerly limits of Lisgar Avenue Concession Street Easterly limits of Lisgar Avenue Westerly limits of Tillson Avenue Concession Street Easterly limits of Tillson Avenue CPR Railway Crossing Concession Street Easterly limits of Tillson Avenue Westerly limits of Maple Lane Concession Street Easterly limits of Maple Lane East Town Limit Dereham Drive Easterly limits of Sanders Crescent Northerly limits of Baldwin Street Devonshire Avenue Easterly limits of Broadway Northerly limits of Lisgar Avenue Duncan Street Easterly limits of Tillson Avenue Westerly limits of Goshen Street Durham Street Easterly limits of Lisgar Avenue Westerly limits of Tillson Avenue Elgin Street Westerly limits of Queen Street Westerly limits of Tillson Avenue Falcon Road Northerly limits of North Street Northerly limits of Owl Drive Fourth Street Easterly limits of Lisgar Avenue Westerly limits of Tillsonburg Glendale Drive Northerly limits of Camdon Court Westerly limits of Broadway Goshen Street Southerly limits of Simcoe Street Southerly limits of Town Line Road Gowrie Street Easterly limits of Broadway Easterly limits of Park Avenue Bridge/Venison Street Easterly limits of Broadway Westerly limits of Tillson Avenue Hardy Avenue Northerly limits of Sanders Street Easterly limits of Hardy Avenue Harvey Street Northerly limits of Brock Street Northerly limits of Ridout Street Hillyndale Road Northerly limits of Potters Road Northerly limits of Birch Drive John Street Easterly limits of Broadway Entrance to Memorial Park John Pound Road Southerly limits of London Street Northerly limits of Kings Hwy #3 King Street Southerly limits of Fourth Street Northerly limits of Concession Street Lincoln Street Westerly limits of Goshen Street Easterly limits of Tillson Street Lincoln Street Westerly limits of Tillson Street Easterly limits of Vienna Road Lisgar Avenue Southerly limits of Bridge Street Northerly limits of Brock Street Lisgar Avenue Northerly limits of Hale Street Southerly limits of Concession Street Lisgar Avenue Northerly limits of Concession Street Easterly limits of Broadway Lorraine Avenue Northerly limits of Birch Drive Northerly limits of Potters Road Page 165 of 324 By-Law 2022-___ Page 56 of 83 HIGHWAY FROM TO North Street Westerly limits of Woodland Crescent Westerly limits of Broadway *North Street Easterly limits of Broadway Easterly limits of Angus Street Oxford Street Easterly limits of Broadway Easterly limits of Tillson Avenue Parkwood Drive Easterly limits of Maple Lane Southerly limits of Concession Street Potters Road Northerly limits of Simcoe Street Westerly limits of North Town Line Road Quarter Town Line Southerly limits of Baldwin Street Southerly limits of Concession Street Quarter Town Line Northerly limits on Concession Street Southerly limits of North Street Quarter Town Line Northerly limits of North Street Northerly limits of Fairview Street Queen Street Northerly limits of Concession Street Southerly limits of Fourth Street Rolph Street Northerly limits of Baldwin Street Southerly limits of Bear Street Rolph Street Northerly limits of Bear Street Southerly limits of Concession Street Sanders Street Easterly limits of Broadway Entrance to Memorial Park Simcoe Street *from Vienna Road East Easterly limits of Tillson Avenue Westerly limits of Town Line Road Tanager Drive Northerly limits of Owl Drive Northerly limits of Bobolink Drive *Tillson Avenue Northerly limits of Oxford Street Southerly limits of North Street *Tillson Avenue Northerly limits of North Street CPR Railway Crossing Tillson Street Southerly limits of Simcoe Street Northerly limits of Town Line Road Town Line Road Easterly limits of Vienna Road Westerly limits of Goshen Street Town Line Road Easterly limits of Goshen Street Westerly limits of North Town Line Trottier Drive Northerly limits of Baldwin Street Northerly limits of Segal Drive Van Norman Drive Northerly limits of Lisgar Avenue Northerly limits of Centennial Avenue Victoria Street Northerly limits of Concession Street Southerly limits of Glendale Drive Vienna Road Southerly limits of Simcoe Street Northerly limits of Kings Hwy #3 Vienna Road Southerly limits of Kings Hwy #3 CNR Wabash Railway Crossing Page 166 of 324 By-Law 2022-___ Page 57 of 83 HIGHWAY FROM TO Wilson Avenue Easterly limits of Charlotte Avenue Northerly limits of Denrich Avenue Wilson Avenue Southerly limits of Denrich Avenue Northerly limits of Baldwin Street Woodcock Drive Northerly limits of North Street Southerly limits of Bobolink Drive Note: *denotes County Roads within jurisdiction of Municipality Schedule 13: Heavy Traffic Routes HIGHWAY FROM TO PERMITTED TIME Broadway Northern Limit John Pound Road 24 Hours Concession Street Western Limit Maple Lane 24 Hours John Pound Road Broadway Highway No. 3 24 Hours North Street Western Limit Eastern Limit 24 Hours Oxford/Simcoe Street Broadway Eastern Limit 24 Hours Tillson Avenue Simcoe Street North Street 24 Hours Vienna Road Simcoe Street Southern Limit 24 Hours Schedule 14: Reduced Load Limit HIGHWAY FROM TO PERMITTED TIME Rokeby Road Bell Mill Side Road Southern Limit 24 Hours Newell Road Baldwin Street Western Limit 24 Hours Concession St. West Broadway Western Limit 24 Hours Cranberry Road North Street Northern Limit 24 Hours Page 167 of 324 By-Law 2022-___ Page 58 of 83 Schedule 15: School Bus Loading Zones HIGHWAY SIDE PLACE TIME OR DAY Frances Street South St. Joseph School Anytime Southridge Road North Southridge School Anytime Schedule 16: Pedestrian Crossovers HIGHWAY LOCATION Broadway 25 m from South Side of Washington Grant to middle of crosswalk Lisgar Avenue At the intersection with Devonshire Avenue Wilson Avenue 184 m from South Side of Dereham Drive to the centre of crosswalk Broadway Glendale Drive and Broadway intersection Broadway 130 m South of Moose Street Quarter Town Line At the intersection with Glendale Drive Quarter Town Line At the intersection with South Ridge Road Quarter Town Line 106 m South of Dereham Drive Quarter Town Line At the East leg of Veteran’s Walkway Tillson Avenue At the intersection of Fourth Street Schedule 17 (a): Higher Speed Limits HIGHWAY FROM TO MAXIMUM RATE OF SPEED Broadway (Hwy 19) North Street North Town Limit 60 km/hr *Simcoe Street Easterly Town Limit 400 m West of Easterly Town Limit 60 km/hr Vienna Road Simcoe Street South Town Limit 60 km/hr Page 168 of 324 By-Law 2022-___ Page 59 of 83 Schedule 17 (b): Lower Speed Limits HIGHWAY FROM TO LOWER RATE OF SPEED Frances Street 144 m East of Tillson Avenue 45 m West of Kara Lane 40 km/hr Glendale Drive 22 m South of Allen Street 35 m West of Victoria Street 40 km/hr Hardy Avenue Sanders Street Lisgar Avenue 40 km/hr Maple Lane 82 m South of Concession Street 150 m North of Brock Street East 40 km/hr Quarter Town Line 6 m North of Fairway Hills Blvd 104 m North of Glendale Drive 40 km/hr Sept 1-June 30- When Flashing 8:00am-8:45am, 11:30am-12:30pm, 2:45pm-3:30pm Quarter Town Line 110 m North of Langrell Avenue 150 m North of North Town Limits 40 km/hr Sept 1-June 30- When Flashing 8:15am- 9:15am, 1:00-2:00pm, 3:15pm-4:00pm Quarter Town Line 60 m South of Sanders Crescent 150 m North of Dereham Drive 40 km/hr Sept 1-June 30- When Flashing 8:15am-9:15am, 1:00pm-2:00pm, 3:15pm-4:00pm Rolph Street 11 m North of Brock Street West 17 m South of Bear Street 40 km/hr Southridge Road Quarter Town Line Dogwood Drive 40 km/hr Tillson Avenue 1 m North of Brock Street East Concession Street 40 km/hr Wilson Avenue Baldwin Street Charlotte Avenue 40 km/hr Page 169 of 324 By-Law 2022-___ Page 60 of 83 Schedule 18: Agreement with Owner of Roadway Regarding Fire Routes By-law THIS AGREEMENT made in duplicate this Day of ________, 2001 BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG Here in after called ''Town'' of the FIRST PART. AND: hereinafter called the "Owner'' of the SECOND PART. WHEREAS the Owner is the registered owner of the lands and premises in the Town of Tillsonburg known for municipal purposes as upon which have been laid out certain private roadways identified in the schedule hereto which the Owner had requested be designated and administered by the Town as fire routes pursuant to section 210(52) of The Municipal Act. R.S.O. 1990, c.M.45. NOW THEREFORE THIS AGREEMENT WITNESSETH that for good and valuable consideration now paid by the Town to the Owner, the receipt and sufficiency of which is hereby acknowledged by the Owner: 1. The Owner consents during the term of this agreement to the designation by the Town of the private roadways identified in the schedule hereto as fire routes pursuant to section 210 (52) of the Municipal Act, R.S.O. 1990, c. M.45, and to the full and free administration and enforcement with respect to such private roadways of by-laws pertaining to the fire routes including, but without restricting the generality of the foregoing, the right of free and unhindered entry and re-entry at all times upon the Owner's lands and premises by the Town's employees, servants and agents and by municipal by-law enforcement officers. Constables and Officers appointed for the carrying out of the provisions of The Highway Traffic Act for the purposes of erecting, maintaining and removing official signs, prohibiting parking, and ticketing, removing and impounding vehicles parked or left along the fire routes. 2. The Owner covenants and agrees: a) that the Town shall be responsible for initially erecting official signs and standards for which the Owner shall pay to the Town $ at the time of application and the material and labour costs of the Town of erecting official signs and standards in accordance with its Municipal Maintenance Page 170 of 324 By-Law 2022-___ Page 61 of 83 Management System; b) that once official signs are erected, the Owner shall be responsible for their maintenance at his expense in accordance with the standards of the Town; c) that the Town shall have the right to remove or re- erect official signs; d) that the Town shall have the right to remove any signs which may conflict or may be confused with official signs; e) that the Owner shall not permit anything to be done which obstructs the plain view of any official sign by the driver of a vehicle along a fire route; f) the Owner shall at all times keep the fire route in good repair, free and clear of any obstruction, excavation, object or thing likely to hinder, obstruct or interfere with the movement of a fire truck or emergency vehicle along the fire route. 3. The Owner releases the Town from all manner of debts, claims, demands, causes of action or suits which the Owner may now or hereafter have against the Town, its employees, servants or agents in respect of any matter contained in or arising from this agreement. 4. The Owner agrees that this agreement shall continue in full force and effect from the date Hereof until terminated by the Town upon one month's prior written notice delivered personally or sent by First Class Mail to the Owner at his last known address. 5. This agreement shall inure to the benefit of and be binding upon the Town and the Owner, and their respective heirs, executors, administrators, successors, and assigns, as the case maybe. IN WITNESS WHEREOF the Owner has here unto set his hand and seal or affixed its corporate seal attested to by the hands of its proper officers duly authorized in that behalf, as the case may be. SIGNED, SEALED AND DELIVERED In the presence of Page 171 of 324 By-Law 2022-___ Page 62 of 83 Schedule 19: Accessible Parking Spaces HIGHWAY SIDE LOCATION Broadway East Ninth & Tenth space North of Oxford Broadway East Eighth & Ninth space North of Brock Street East Broadway East Twelfth & Thirteenth space North of Ridout East Broadway East Sixth & Seventh space North of Washington Grand Ave Broadway West Seventh & Eighth space North of Baldwin Street Broadway West Seventh & Eighth space North of Brock Street West Street Brock St. W. North First space West of Broadway Brock St. W. North First space East of Bidwell Street Brock St. W. North West of Bidwell Street Brock St. E. South First space east of Broadway Harvey Street East 103.3 m North of Brock Street East to 115.6 m North of Brock Street East Ridout St. W. North First space West of Broadway Ridout St. E. South First space East of Broadway Rolph St. East 50.8 m North of Venison Street West to 58 m North of Venison St. W. Washington Grand Avenue South First space West of Broadway Parking Lots PARKING LOT LOCATION Community Centre First six spaces East of Senior Citizen’s Entrance – North side of One-Way access Community Centre Three Spaces West of swimming pool – East of Hardy Avenue Community Centre Three spaces East Entrance off Memorial Arena Parking Lot Community Centre Two spaces West of Hardy Ave – Skate Park parking lot Community Centre Three spaces North of Outdoor Recreational Pad Page 172 of 324 By-Law 2022-___ Page 63 of 83 PARKING LOT LOCATION Community Centre Three spaces East of Senior Citizen’s Entrance at the easterly limit of South Side of the One Way access Fire Hall Parking Lot First space North of Fire Hall OPP Lot First space East of Main Entrance Lot 1A Four spaces – South/West corner of lot Lot 2A Two spaces on North West Entrance, 2 spaces North East Entrance, 1 space North East corner, 1 space South East corner, 2 spaces West side of Parking Lot Lot 3A Two spaces – North East corner of lot Lot 3A Three spaces – North West corner of lot Lot 4A Two spaces – North East corner of lot Lot 5A Two spaces – North side (15 Oxford St) Lot 6A Eight spaces – South of Canadian Tire Store Lot 7A Eight spaces – East of 200 Broadway (Tillsonburg Town Centre) Lot 8A Four spaces – East side of lot Lot 9A Five spaces North West corner of lot Lot 10A Three spaces – South side of lot Lot 11A One space north side 4th space east of 15 Oxford St. Lot 11A One space – North side – 1st space East of sidewalk to Park Entrance Lot 1B First space East end of the North lane Lot 1B First space South East of Bidwell Street (St. Paul’s) Lot 1B One space – North West corner of lot Lot 2B First space North East of Bidwell Street Lot 2B Three spaces North West corner of lot Lot 3B Two spaces South East corner of lot Lot 3B Two spaces North of 40 Baldwin Street Lot 4B First space – South East corner of Lot Lot 4B Two spaces – South of 36 Bidwell Street Lot 5B Two spaces – South East corner of lot Lot 6B Two spaces – North East corner of lot Page 173 of 324 By-Law 2022-___ Page 64 of 83 Schedule 20: Agreement with Owner of Private Parking Lot Regarding Prohibited Parking By-law 2103 THIS AGREEMENT made in duplicate this Day of ___________, 2001 BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG Here in after called "Town" of the FIRST PART. AND: hereinafter called the "'Owner'' of the SECOND PART. WHEREAS the Owner is the registered owner of the lands and premises in the Town of Tillsonburg known for municipal purposes as upon which have been laid out certain private parking lots identified in the schedule hereto which the Owner had requested be designated and administered by the Town as prohibited parking pursuant to section 210(131) of The Municipal Act. R.S.O. 1990, c.M.45. NOW THEREFORE THIS AGREEMENT WITNESSETH that for good and valuable consideration now paid by the Town to the Owner, the receipt and sufficiency of which is hereby acknowledged by the Owner: 1. The Owner consents during the term of this agreement to the designation by the Town of the private parking lots identified in the schedule hereto as prohibited parking pursuant to section 210 (131) of the Municipal Act, R.S.O. 1990, c. M.45. and to the full and free administration and enforcement with respect to such private parking lots of by-laws pertaining to the parking lot including, but without restricting the generality of the foregoing, the right of free and unhindered entry and re-entry at all times upon the Owner's lands and premises by the Town's employees, servants and agents and by municipal by-law enforcement officers. Constables and Officers appointed for the carrying out of the provisions of the Highway Traffic Act for the purposes of erecting, maintaining and removing official signs, prohibiting parking, and ticketing, removing and impounding vehicles parked or left along the fire routes. 2. The Owner covenants and agrees: a) that the Town shall be responsible for initially erecting official signs and standards for which the Owner shall pay to the Town $ at the time of Page 174 of 324 By-Law 2022-___ Page 65 of 83 application and the material and labour costs of the Town of erecting official signs and standards in accordance with its Municipal Maintenance Management System: b) that once official signs are erected, the Owner shall be responsible for their maintenance at his expense in accordance with the standards of the Town: c) that the Town shall have the right to remove or re-erect official signs; d) that the Town shall have the right to remove any signs which may conflict or may be confused with official signs; e) that the Owner shall not permit anything to be done which obstructs the plain view of any official sign by the driver of a vehicle in the parking lot; 2. The Owner releases the Town from all manner of debts, claims, demands, causes of action or suits which the Owner may now or hereafter have against the Town, its employees, servants or agents in respect of any matter contained in or arising from this agreement. 3. The Owner agrees that this agreement shall continue in full force and effect from the date Hereof until terminated by the Town upon one month's prior written notice delivered personally or sent by First Class Mail to the Owner at his last known address. 4. This agreement shall inure to the benefit of and be binding upon the Town and the Owner and their respective heirs, executors, administrators, successors, and assigns, as the case maybe. IN WITNESS WHEREOF the Owner has here unto set his hand and seal or affixed its corporate seal attested to by the hands of its proper officers duly authorized in that behalf, as the case may be. SIGNED, SEALED AND DELIVERED In the presence of Page 175 of 324 By-Law 2022-___ Page 66 of 83 Schedule 21: Parking Permit Fee The monthly fee per vehicle is $50.00 a month. Schedule 22: Designated On-Street Parking HIGHWAY SIDE LOCATION TIME OR DAYS London Street East South 2 Parking spaces adjacent to 29 London Street East Roll No. 020 020 3260 0000 PIN - 000370103 Anytime Washington Grand North/West 2 Parking Spaces adjacent to 71 Washington Grand Avenue Roll No. 040 040 44300 0000 PIN - 00033 0045 Anytime Schedule 23: No Heavy Trucks HIGHWAY SIDE FROM TO TIME OF DAY COMMENTS Newell Road Both Directions West Town Limit Baldwin Street All Day Baldwin Street Both Directions Quarter Town Line Broadway All Day Quarter Town Line Both Directions Baldwin Street Broadway/Highway 19 All Day Schedule 24: Community Safety Zone HIGHWAY FROM TO TIME OR DAYS Wilson Avenue Baldwin Street Charlotte Avenue Anytime Page 176 of 324 By-Law 2022-___ Page 67 of 83 Figure 1: Parking Permit. Page 177 of 324 By-Law 2022-___ Page 68 of 83 Figure 2: Official Map Downtown Area Page 178 of 324 By-Law 2022-___ Page 69 of 83 Figure 3: Official Map Heavy Truck Routes Page 179 of 324 By-Law 2022-___ Page 70 of 83 Figure 4: Official Map Reduced Load Page 180 of 324 By-Law 2022-___ Page 71 of 83 Figure 5: Official Sign Fire Route Page 181 of 324 By-Law 2022-___ Page 72 of 83 Figure 6: Official Sign Accessible Person’s Page 182 of 324 By-Law 2022-___ Page 73 of 83 Figure 7: Official Map Municipal Parking Lot Page 183 of 324 By-Law 2022-___ Page 74 of 83 Figure 8: Official Sign 2 Hour Parking Page 184 of 324 By-Law 2022-___ Page 75 of 83 Figure 9: Official Sign No Overnight Parking 2:00 a.m. to 6:00 a.m. Page 185 of 324 By-Law 2022-___ Page 76 of 83 Figure 10: Official Sign No Parking – Emergency Vehicle Parking Only Page 186 of 324 By-Law 2022-___ Page 77 of 83 Figure 11: Official Sign School Bus Loading Zone Page 187 of 324 By-Law 2022-___ Page 78 of 83 Figure 12: Official Sign No Parking – Loading Zone Page 188 of 324 By-Law 2022-___ Page 79 of 83 Figure 13: Official Sign No Stopping Page 189 of 324 By-Law 2022-___ Page 80 of 83 Figure 14: Official Sign Horse and Buggy Parking Only Page 190 of 324 By-Law 2022-___ Page 81 of 83 Figure 15: Official Sign Bus Stop Page 191 of 324 By-Law 2022-___ Page 82 of 83 Figure 16: Community Safety Zone Official Sign Figure 17: Community Safety Zone Begins Sign Figure 18: Community Safety Zone Ends Sign Page 192 of 324 By-Law 2022-___ Page 83 of 83 Figure 19: Official Sign Electric Vehicle Page 193 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022 – A By-Law to authorize an agreement of Purchase and sale with North Ridge Reality (2020) Inc. WHERAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement of purchase and sale for 2 Acres of land described as Part of Lot 2, Concession 5 North of Talbot Road in the Van Norman Innovation Park; BE IT THEREFORE ENACTED by the Council 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 authorization is hereby given for the sale of those lands described as 2 Acres of land described as Part of Lot 2, Concession 5 North of Talbot Road in the Van Norman Innovation Park, subject to those terms and provisions outlined within the offer of purchase and sale as attached hereto; 3) That the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; and 4) That this by-law shall come into force and take effect on the date of it is passed. Read a first and second time this 14th day of February, 2022. Read a third and final time and passed this 14th day of February 2022. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 194 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022 – A By-Law to authorize an agreement between the Town of Tillsonburg and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Program for the Town of Tillsonburg Joint Fire Service Modernization Program WHERAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing; BE IT THEREFOR ENACTED by the Council 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 on behalf of the Corporation of the Town of Tillsonburg; 3) That this by-law shall come into force and take effect on the date of it is passed. Read a first and second time this 14th day of February, 2022. Read a third and final time and passed this 14th day of February 2022. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 195 of 324 1 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the ______ day of ____________, 20___ B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) - and - The Corporation of the Town of Tillsonburg (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 196 of 324 2 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (b) the Province is not responsible for carrying out the Project; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 197 of 324 3 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing _________________ ____________________________________ Date Name: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing The Corporation of the Town of Tillsonburg _________________ Date ___________________________________ Name: Michelle SmibertTitle: Clerk I have authority to bind the Recipient. _________________ Date ___________________________________ Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. Page 198 of 324 4 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Page 199 of 324 5 Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: Page 200 of 324 6 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 201 of 324 7 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c) deposit the Funds into an account the Recipient designates provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; Page 202 of 324 8 (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, 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, Page 203 of 324 9 has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A17.1: (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “F”; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (i) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: Page 204 of 324 10 (a) all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any other accounting principles that apply to the Recipient; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3; and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) assisting the Province to copy records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to Page 205 of 324 11 any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a) acknowledge the support of the Province for the Project; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and 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 occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising 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) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: Page 206 of 324 12 (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 207 of 324 13 (ii) use or spend Funds; or (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and Page 208 of 324 14 (b) the Notice Period. A12.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), and (i). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the Page 209 of 324 15 excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, courier or fax; and (c) addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of fax, one Business Day after the Notice is delivered; and Page 210 of 324 16 (c) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A19.2 Waiver Applies. If in response to a request made pursuant to section A19.1 a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any Page 211 of 324 17 actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province 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. Page 212 of 324 18 A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, sections A12.1, sections A12.2(d), (e), (f), (g), (h), (i), and (j), Article A13.0, ArticleA14.0, Article A15.0, Article A16.0, Article A18.0, , section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - END OF GENERAL TERMS AND CONDITIONS - Page 213 of 324 19 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds Up to $79,373 Expiry Date March 31, 2024 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $5000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Brenda Vloet Address: Manager, Municipal Programs and Outreach Unit Fax: 777 Bay Street, Toronto, Ontario M7A 2J3, 16th Floor Email: Brenda.Vloet@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Shane Caskanette, Fire Chief Address: Fax: Email: scaskanette@tillsonburg.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Renato Pullia, Interim Director of Finance Address: Fax: Email: rpullia@tillsonburg.ca Additional Provisions: B1 Section 4.2 of Schedule “A” is amended by adding the following subsection: (e) The Province is not obligated to provide any Funds to the Recipient that exceed 65% of the incurred project costs. 80 Concession St. E., Tillsonburg, ON N4G 4Z8 200 Broadway, Suite 204., Tillsonburg, ON N4G 5A7 519-842-5528 519-842-9431 Page 214 of 324 20 B2 Section 4.3 of schedule “A” is amended by adding the following subsection: (e) not use the Funds for the purpose of paying the Recipient’s regular salary costs. (f) not use Funds for the purpose of purchasing land, buildings or vehicles Page 215 of 324 21 SCHEDULE “C” PROJECT Project Title Town of Tillsonburg Joint Fire Service Modernization Program Objectives The Objective of the Recipient’s Project is to implement a phone system communications software for itself and the Township of Ashfield- Colborne- Wawanosh, the Town of Aylmer, the Municipality of Bayham, the Municipality of Brockton, the Municipality of Central Elgin, the Municipality of Dutton Dunwich, the Town of Fort Erie, the Town of Grand Valley, the Town of Hanover, the Township of Huron-Kinloss, the Town of Ingersoll, the Municipality of Kincardine, the Township of Malahide, the Township of Melancthon, the Township of Mulmur, the Town of Orangeville, the Town of Shelburne, the Municipality of South Huron, the Township of Southwold, the Municipality of West Elgin, and the Municipality of West Grey (the “Participating Municipalities”), with the goal of realizing cost savings and efficiencies. Description The Recipient will purchase and implement a phone system communications software for itself and the Participating Municipalities. The project will implement a telephone technology to accommodate, video, text and photo to an Emergency 911 Public Safety Answering Point, integrate communications services from 23 small and rural communities and implement a shared services/alternative delivery model for fire service communications services. Page 216 of 324 22 SCHEDULE “D” BUDGET Item Amount Reimbursement of up to 65% of Project costs incurred between August 16, 2021 to the earlier of February 28, 2023 or the submission of the Final Report Back. Up to $79,373 Page 217 of 324 23 SCHEDULE “E” PAYMENT PLAN Milestone Scheduled Payment •Execution of Agreement Initial payment of $55,561 made to Recipient no more than thirty (30) days after the execution of the Agreement. •Submission of one (1) InterimReport Back Interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Interim Report Back for costs incurred and submitted as part of the First Interim Report Back that exceed the initial payment. •Submission of Final ReportBack to the Province Final payment of up to $23,812 less any amount paid as part of the interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Final Report Back. Page 218 of 324 24 SCHEDULE “F” REPORTS Name of Report Reporting Due Date 1. Interim Report Back May 30, 2022 2. Final Report Back February 28, 2023 3. Annual Report Back February 28, 2024 Report Details 1.Interim Report Back The Recipient will submit one (1) Interim Report Back to the Province by May 30, 2022, using the reporting template provided by the Province. The Interim Report Backs will include: •A written description of what the Recipient has completed for the Project to dateand what will be completed by the Final Report Back, •A list of actual costs to carry out the Project paid by the Recipient, withsupporting documentation, such as invoices or receipts, showing actual costs incurred. 2. Final Report Back The Recipient will submit a Final Report Back to the Province once the Project is completed and by February 28, 2023 using the reporting template provided by the Province. The Final Report Back will include: •A 250-word abstract of the Project and its findings •A written description of the Project and the forecasted annual savings and otherefficiency outcomes for the Recipient, •The actual costs to carry out the Project that have not been included as part ofthe Interim Report Back paid by the Recipient with supporting documentation,such as invoices or receipts, showing actual costs incurred. •A statement indicating an updated estimate of annual cost savings realized through the Project, which will be the performance measure. 3. Annual Report Back The Recipient will submit an Annual Report Back to the Province using the reporting template provided by the Province. The Annual Report Back will include: Page 219 of 324 25 •A statement indicating the actual cost savings and efficiency outcomes from theProject over the course of the year. Page 220 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022 – A By-Law to authorize an agreement between the Town of Tillsonburg and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Program for the Town of Tillsonburg Planning and Development Service Delivery Review WHERAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing; BE IT THEREFOR ENACTED by the Council 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 on behalf of the Corporation of the Town of Tillsonburg; 3) That this by-law shall come into force and take effect on the date of it is passed. Read a first and second time this 14th day of February, 2022. Read a third and final time and passed this 14th day of February 2022. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 221 of 324 1 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the ______ day of ____________, 20___ B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) -and - The Corporation of the Town of Tillsonburg (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 222 of 324 2 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (b) the Province is not responsible for carrying out the Project; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 223 of 324 3 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing _________________ ____________________________________ Date Name: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing The Corporation of the Town of Tillsonburg _________________ Date __________________________________ Name: Michelle SmibertTitle: Clerk I have authority to bind the Recipient. _________________ Date ___________________________________ Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. Page 224 of 324 4 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Page 225 of 324 5 Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: Page 226 of 324 6 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 227 of 324 7 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c) deposit the Funds into an account the Recipient designates provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; Page 228 of 324 8 (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, 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, Page 229 of 324 9 has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A17.1: (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “F”; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (i) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: Page 230 of 324 10 (a) all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any other accounting principles that apply to the Recipient; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3; and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) assisting the Province to copy records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to Page 231 of 324 11 any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a) acknowledge the support of the Province for the Project; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and 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 occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising 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) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: Page 232 of 324 12 (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 233 of 324 13 (ii) use or spend Funds; or (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and Page 234 of 324 14 (b) the Notice Period. A12.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), and (i). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the Page 235 of 324 15 excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, courier or fax; and (c) addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of fax, one Business Day after the Notice is delivered; and Page 236 of 324 16 (c) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A19.2 Waiver Applies. If in response to a request made pursuant to section A19.1 a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any Page 237 of 324 17 actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province 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. Page 238 of 324 18 A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, sections A12.1, sections A12.2(d), (e), (f), (g), (h), (i), and (j), Article A13.0, ArticleA14.0, Article A15.0, Article A16.0, Article A18.0, , section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - END OF GENERAL TERMS AND CONDITIONS - Page 239 of 324 19 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds Up to $71,232 Expiry Date March 31, 2023 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $5,000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Name: Brenda Vloet Position: Manager, Municipal Programs and Outreach Unit Address: 777 Bay Street, Toronto, Ontario M7A 2J3, 16th Floor Email: Brenda.Vloet@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Fax: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Address: Fax: Email: Additional Provisions: B1 Section 4.3 of Schedule "A" is amended by adding the following subsection: (e) use the Funds only for the purpose of reimbursement for the actual amount paid to the independent third-party reviewer in accordance with Director of Finance 200 Broadway, Suite 204., Tillsonburg, ON N4G 5A7 rpullia@tillsonburg.ca Director of Operations and Development 200 Broadway, Suite 204., Tillsonburg, ON N5C 5A7 creyes@tillsonburg.ca 519-842-9431 519-842-9431 Page 240 of 324 20 the Project; and, (f) Not use the Funds for the purpose of paying the salaries of the Recipient's employees. Page 241 of 324 21 SCHEDULE “C” PROJECT Project Title Town of Tillsonburg Planning and Development Service Delivery Review Objectives The objective of the Project is to review the Recipient’s Planning and Development service delivery to find opportunities to improve efficiency and cost savings through streamlining services. Description The Recipient will retain an independent third-party reviewer to review and make recommendations with respect to the Recipient’s Planning and Development services, including: • The Recipient’s current agreement with Oxford County on the provision of planning services; • The Planning and Development department’s organizational structure and present and future staff needs; • New technology and innovative practices that could improve service delivery; • The current security deposit process and potential workflow software implementation for development applications; and • The current development processes to measure to what extent the Recipient is recovering costs from developers and applicants. Independent Third-Party Reviewer’s Report The Recipient will retain the independent third-party reviewer to compile the findings and recommendations in the Independent Third-Party Reviewer’s Report. The Recipient will submit the report to the Province and publish the report on the Recipient’s publicly accessible website by January 31, 2023. The report will summarize the reviewer’s findings and identify specific, actionable recommendations based on the analysis and findings that aim to identify cost savings and improved efficiencies. The report will include detailed explanations and calculations of identified potential quantifiable efficiencies and/or cost savings. Page 242 of 324 22 SCHEDULE “D” BUDGET Item Amount Reimbursement for payments to independent third-party reviewer. Up to $71,232 Page 243 of 324 23 SCHEDULE “E” PAYMENT PLAN Milestone Scheduled Payment • Execution of Agreement Initial payment of $49,862 made to Recipient no more than thirty (30) days after the execution of the Agreement • Submission of Interim Progress Report Back to the Province • Publishing of Independent Third-Party Reviewer’s Report on the Recipient’s publicly accessible website • Submission of Final Report Back to the Province, which includes a copy of the Independent Third-Party Reviewer’s Report Final payment of up to $21,370 made to the Recipient no more than thirty (30) days after the Province’s approval of the Final Report Back Page 244 of 324 24 SCHEDULE “F” REPORTS Name of Report Reporting Due Date 1. Interim Progress Report Back September 19, 2022 2. Final Report Back and Invoices January 31, 2023 Report Details 1. Interim Progress Report Back The Recipient will submit an Interim Progress Report Back to the Province by September 19, 2022 using the reporting template provided by the Province. The Interim Progress Report will include: • A statement indicating whether the Recipient has retained an independent third- party reviewer. 2. Final Report Back and Invoices The Recipient will submit a Final Report Back to the Province by January 31, 2023 using the reporting template provided by the Province. The Final Report will include: • A copy of the Independent Third-Party Reviewer’s report, • A hyperlink to the Independent Third-Party Reviewer's final report on the Recipient's publicly accessible website, • A 250-word abstract of the Project and its findings, • The actual amount paid by the Recipient to the independent third-party reviewer in accordance with the Project with supporting documentation, such as invoices or receipts, showing actual costs incurred, and • A statement indicating the percentage of the total amount of service delivery expenditures reviewed that are identified as potential cost savings in the Independent Third-Party Reviewer's Report, which will be the performance measure for the Project. Page 245 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022 – A By-Law to authorize an agreement between the Town of Tillsonburg and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Program for the Town of Tillsonburg Waste Management Service Delivery Solutions WHERAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing; BE IT THEREFOR ENACTED by the Council 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 on behalf of the Corporation of the Town of Tillsonburg; 3) That this by-law shall come into force and take effect on the date of it is passed. Read a first and second time this 14th day of February, 2022. Read a third and final time and passed this 14th day of February 2022. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 246 of 324 1 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the ______ day of ____________, 20___ B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) - and - The Corporation of the Town of Tillsonburg (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 247 of 324 2 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (b) the Province is not responsible for carrying out the Project; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 248 of 324 3 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing _________________ ____________________________________ Date Name: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing The Corporation of the Town of Tillsonburg _________________ Date ___________________________________ Name: Michelle SmibertTitle: Clerk I have authority to bind the Recipient. _________________ Date ___________________________________ Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. Page 249 of 324 4 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Page 250 of 324 5 Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: Page 251 of 324 6 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 252 of 324 7 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c) deposit the Funds into an account the Recipient designates provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; Page 253 of 324 8 (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, 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, Page 254 of 324 9 has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A17.1: (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “F”; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (i) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: Page 255 of 324 10 (a) all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any other accounting principles that apply to the Recipient; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3; and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) assisting the Province to copy records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to Page 256 of 324 11 any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a) acknowledge the support of the Province for the Project; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and 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 occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising 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) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: Page 257 of 324 12 (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 258 of 324 13 (ii) use or spend Funds; or (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and Page 259 of 324 14 (b) the Notice Period. A12.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), and (i). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the Page 260 of 324 15 excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, courier or fax; and (c) addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of fax, one Business Day after the Notice is delivered; and Page 261 of 324 16 (c) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A19.2 Waiver Applies. If in response to a request made pursuant to section A19.1 a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any Page 262 of 324 17 actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province 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. Page 263 of 324 18 A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, sections A12.1, sections A12.2(d), (e), (f), (g), (h), (i), and (j), Article A13.0, ArticleA14.0, Article A15.0, Article A16.0, Article A18.0, , section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - END OF GENERAL TERMS AND CONDITIONS - Page 264 of 324 19 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds Up to $66,144 Expiry Date March 31, 2024 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $5000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Brenda Vloet Address: Manager, Municipal Programs and Outreach Unit Fax: 777 Bay Street, Toronto, Ontario M7A 2J3, 16th Floor Email: Brenda.Vloet@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Fax: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Address: Fax: Email: Additional Provisions: B1 Section 4.2 of Schedule “A” is amended by adding the following subsection: (e) The Province is not obligated to provide any Funds to the Recipient that exceed 65% of the incurred project costs. Director of Operations and Development 200 Broadway, Suite 204., Tillsonburg, ON N5C 5A7 creyes@tillsonburg.ca Director of Finance 200 Broadway, Suite 204., Tillsonburg, ON N4G 5A7 rpullia@tillsonburg.ca 519-842-9431 519-842-9431 Page 265 of 324 20 B2 Section 4.3 of schedule “A” is amended by adding the following subsection: (e) not use the Funds for the purpose of paying the Recipient’s regular salary costs. (f) not use Funds for the purpose of purchasing land, buildings or vehicles Page 266 of 324 21 SCHEDULE “C” PROJECT Project Title Town of Tillsonburg Waste Management Service Delivery Solutions Objectives The objective of the Recipient’s Project is to implement the Waste Management Review Study recommendations, with the goal of realizing cost savings and efficiencies. Description The Recipient will implement recommendations from the Waste Management Review Study. These recommendations may include enhanced transfer station security, curbside collection of large articles/leaf and yard waste, and tipping fees. Page 267 of 324 22 SCHEDULE “D” BUDGET Item Amount Reimbursement of up to 65% of Project costs incurred between August 16, 2021 to the earlier of February 28, 2023 or the submission of the Final Report Back. Up to $66,144 Page 268 of 324 23 SCHEDULE “E” PAYMENT PLAN Milestone Scheduled Payment •Execution of Agreement Initial payment of $46,301 made to Recipient no more than thirty (30) days after the execution of the Agreement. •Submission of one (1) InterimReport Back Interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Interim Report Back for costs incurred and submitted as part of the First Interim Report Back that exceed the initial payment. •Submission of Final ReportBack to the Province Final payment of up to $19,843 less any amount paid as part of the interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Final Report Back. Page 269 of 324 24 SCHEDULE “F” REPORTS Name of Report Reporting Due Date 1. Interim Report Back May 30, 2022 2. Final Report Back February 28, 2023 3. Annual Report Back February 28, 2024 Report Details 1.Interim Report Back The Recipient will submit one (1) Interim Report Back to the Province by May 30, 2022, using the reporting template provided by the Province. The Interim Report Backs will include: •A written description of what the Recipient has completed for the Project to dateand what will be completed by the Final Report Back, •A list of actual costs to carry out the Project paid by the Recipient, withsupporting documentation, such as invoices or receipts, showing actual costs incurred. 2. Final Report Back The Recipient will submit a Final Report Back to the Province once the Project is completed and by February 28, 2023 using the reporting template provided by the Province. The Final Report Back will include: •A 250-word abstract of the Project and its findings •A written description of the Project and the forecasted annual savings and otherefficiency outcomes for the Recipient, •The actual costs to carry out the Project that have not been included as part ofthe Interim Report Back paid by the Recipient with supporting documentation,such as invoices or receipts, showing actual costs incurred. •A statement indicating an updated estimate of annual cost savings realized through the Project, which will be the performance measure. 3. Annual Report Back The Recipient will submit an Annual Report Back to the Province using the reporting template provided by the Province. The Annual Report Back will include: Page 270 of 324 25 •A statement indicating the actual cost savings and efficiency outcomes from theProject over the course of the year. Page 271 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022 – A By-Law to authorize an agreement between the Town of Tillsonburg and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Program for the Town of Tillsonburg Municipal Management Intern WHERAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing; BE IT THEREFOR ENACTED by the Council 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 on behalf of the Corporation of the Town of Tillsonburg; 3) That this by-law shall come into force and take effect on the date of it is passed. Read a first and second time this 14th day of February, 2022. Read a third and final time and passed this 14th day of February 2022. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 272 of 324 1 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the ______ day of ____________, 20___ B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) -and - The Corporation of the Town of Tillsonburg (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 273 of 324 2 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (b) the Province is not responsible for carrying out the Project; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 274 of 324 3 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing _________________ ____________________________________ Date Name: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing The Corporation of the Town of Tillsonburg _________________ Date ___________________________________ Name: Michelle Simbert Title: Clerk I have authority to bind the Recipient. _________________ Date __________________________________ Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. Page 275 of 324 4 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Page 276 of 324 5 Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: Page 277 of 324 6 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 278 of 324 7 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c) deposit the Funds into an account the Recipient designates provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; Page 279 of 324 8 (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, 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, Page 280 of 324 9 has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A17.1: (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “F”; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (i) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: Page 281 of 324 10 (a) all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any other accounting principles that apply to the Recipient; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3; and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) assisting the Province to copy records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to Page 282 of 324 11 any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a) acknowledge the support of the Province for the Project; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and 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 occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising 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) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: Page 283 of 324 12 (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 284 of 324 13 (ii) use or spend Funds; or (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and Page 285 of 324 14 (b) the Notice Period. A12.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), and (i). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the Page 286 of 324 15 excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, courier or fax; and (c) addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of fax, one Business Day after the Notice is delivered; and Page 287 of 324 16 (c) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A19.2 Waiver Applies. If in response to a request made pursuant to section A19.1 a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any Page 288 of 324 17 actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province 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. Page 289 of 324 18 A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, sections A12.1, sections A12.2(d), (e), (f), (g), (h), (i), and (j), Article A13.0, ArticleA14.0, Article A15.0, Article A16.0, Article A18.0, , section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - END OF GENERAL TERMS AND CONDITIONS - Page 290 of 324 19 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds Up to $49,608 Expiry Date March 31, 2024 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $5000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Brenda Vloet Address: Manager, Municipal Programs and Outreach Unit Fax: 777 Bay Street, Toronto, Ontario M7A 2J3, 16th Floor Email: Brenda.Vloet@ontario.ca Contact information for the purposes of Notice to the Recipient Position: CAO Address: Fax: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Address: Fax: Email: Additional Provisions: B1 Section 4.2 of Schedule “A” is amended by adding the following subsection: (e) The Province is not obligated to provide any Funds to the Recipient that exceed 65% of the incurred project costs. 200 Broadway, Suite 204., Tillsonburg, ON N5C 5A7 519-842-9431 kpratt@tillsoburg.ca Director of Finance 200 Broadway, Suite 204., Tillsonburg, ON N5C 5A7 519-842-9431 rpullia@tillsonburg.ca Page 291 of 324 20 B2 Section 4.3 of schedule “A” is amended by adding the following subsection: (e) not use the Funds for the purpose of paying the Recipient’s regular salary costs. (f) not use Funds for the purpose of purchasing land, buildings or vehicles Page 292 of 324 21 SCHEDULE “C” PROJECT Project Title Town of Tillsonburg Municipal Management Intern Objectives The objective of the Recipient’s Project is to hire a temporary intern, with the goal of realizing cost savings and efficiencies. Description The Recipient will hire a temporary intern to implement various projects including: • Implement the Recipient’s Community Strategic Plan; • Archive and digitalization of the Recipient’s records; • Review the Recipient’s communications strategy; • Review and update the Recipient’s fleet policies; • Inventory and review the Recipient’s airport lease agreements; • Assist with the implementation of the Recipient’s employee engagement survey outcomes/projects; • Assist with engagement planning on the Recipient’s municipal initiatives; • Election readiness; and • Manual update of the Recipient’s business directory. Page 293 of 324 22 SCHEDULE “D” BUDGET Item Amount Reimbursement of up to 65% of Project costs incurred between August 16, 2021 to the earlier of February 28, 2023 or the submission of the Final Report Back. Up to $49,608 Page 294 of 324 23 SCHEDULE “E” PAYMENT PLAN Milestone Scheduled Payment • Execution of Agreement Initial payment of $34,726 made to Recipient no more than thirty (30) days after the execution of the Agreement. • Submission of one (1) Interim Report Back Interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Interim Report Back for costs incurred and submitted as part of the First Interim Report Back that exceed the initial payment. • Submission of Final Report Back to the Province Final payment of up to $14,882 less any amount paid as part of the interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Final Report Back. Page 295 of 324 24 SCHEDULE “F” REPORTS Name of Report Reporting Due Date 1. Interim Report Back May 30, 2022 2. Final Report Back February 28, 2023 3. Annual Report Back February 28, 2024 Report Details 1. Interim Report Back The Recipient will submit one (1) Interim Report Back to the Province by May 30, 2022, using the reporting template provided by the Province. The Interim Report Backs will include: • A written description of what the Recipient has completed for the Project to date and what will be completed by the Final Report Back, • A list of actual costs to carry out the Project paid by the Recipient, with supporting documentation, such as invoices or receipts, showing actual costs incurred. 2. Final Report Back The Recipient will submit a Final Report Back to the Province once the Project is completed and by February 28, 2023 using the reporting template provided by the Province. The Final Report Back will include: • A 250-word abstract of the Project and its findings • A written description of the Project and the forecasted annual savings and other efficiency outcomes for the Recipient, • The actual costs to carry out the Project that have not been included as part of the Interim Report Back paid by the Recipient with supporting documentation, such as invoices or receipts, showing actual costs incurred. • A statement indicating an updated estimate of annual cost savings realized through the Project, which will be the performance measure. 3. Annual Report Back The Recipient will submit an Annual Report Back to the Province using the reporting template provided by the Province. The Annual Report Back will include: Page 296 of 324 25 • A statement indicating the actual cost savings and efficiency outcomes from the Project over the course of the year. Page 297 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022 – A By-Law to authorize an agreement between the Town of Tillsonburg and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Program for the Town of Tillsonburg Automated Business Directory Application Implementation WHERAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing; BE IT THEREFOR ENACTED by the Council 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 on behalf of the Corporation of the Town of Tillsonburg; 3) That this by-law shall come into force and take effect on the date of it is passed. Read a first and second time this 14th day of February, 2022. Read a third and final time and passed this 14th day of February 2022. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 298 of 324 1 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the ______ day of ____________, 20___ B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) - and - The Corporation of the Town of Tillsonburg (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 299 of 324 2 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (b) the Province is not responsible for carrying out the Project; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 300 of 324 3 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing _________________ ____________________________________ Date Name: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing The Corporation of the Town of Tillsonburg _________________ Date ___________________________________ Name: Michelle SmibertTitle: Clerk I have authority to bind the Recipient. _________________ Date ___________________________________ Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. Page 301 of 324 4 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Page 302 of 324 5 Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: Page 303 of 324 6 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 304 of 324 7 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c) deposit the Funds into an account the Recipient designates provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; Page 305 of 324 8 (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, 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, Page 306 of 324 9 has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A17.1: (i) all Reports in accordance with the timelines and content requirements as provided for in Schedule “F”; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (i) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: Page 307 of 324 10 (a) all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any other accounting principles that apply to the Recipient; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3; and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) assisting the Province to copy records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to Page 308 of 324 11 any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual: (a) acknowledge the support of the Province for the Project; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and 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 occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising 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) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: Page 309 of 324 12 (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; Page 310 of 324 13 (ii) use or spend Funds; or (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii). A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and Page 311 of 324 14 (b) the Notice Period. A12.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), and (i). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the Page 312 of 324 15 excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, courier or fax; and (c) addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of fax, one Business Day after the Notice is delivered; and Page 313 of 324 16 (c) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A19.2 Waiver Applies. If in response to a request made pursuant to section A19.1 a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any Page 314 of 324 17 actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province 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. Page 315 of 324 18 A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, sections A12.1, sections A12.2(d), (e), (f), (g), (h), (i), and (j), Article A13.0, ArticleA14.0, Article A15.0, Article A16.0, Article A18.0, , section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. - END OF GENERAL TERMS AND CONDITIONS - Page 316 of 324 19 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds Up to $26,458 Expiry Date March 31, 2024 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $5000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Brenda Vloet Address: Manager, Municipal Programs and Outreach Unit Fax: 777 Bay Street, Toronto, Ontario M7A 2J3, 16th Floor Email: Brenda.Vloet@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Fax: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Address: Fax: Email: Additional Provisions: B1 Section 4.2 of Schedule “A” is amended by adding the following subsection: (e) The Province is not obligated to provide any Funds to the Recipient that exceed 65% of the incurred project costs. cpanschow@tillsonburg.ca 200 Broadway, Suite 204., Tillsonburg, ON N5C 5A7 Development Commissioner Director of Finance 200 Broadway, Suite 204., Tillsonburg, ON N4G 5A7 rpullia@tillsonburg.ca 519-842-9431 519-842-9431 Page 317 of 324 20 B2 Section 4.3 of schedule “A” is amended by adding the following subsection: (e) not use the Funds for the purpose of paying the Recipient’s regular salary costs. (f) not use Funds for the purpose of purchasing land, buildings or vehicles Page 318 of 324 21 SCHEDULE “C” PROJECT Project Title Town of Tillsonburg Automated Business Directory Application Implementation Objectives The objective of the Recipient’s Project is to implement an automated business directory, with the goal of realizing cost savings and efficiencies. Description The Recipient will purchase and implement automated business directory software and integrate it with the Recipient’s current Customer Relationship Management software. Page 319 of 324 22 SCHEDULE “D” BUDGET Item Amount Reimbursement of up to 65% of Project costs incurred between August 16, 2021 to the earlier of February 28, 2023 or the submission of the Final Report Back. Up to $26,458 Page 320 of 324 23 SCHEDULE “E” PAYMENT PLAN Milestone Scheduled Payment • Execution of Agreement Initial payment of $18,521 made to Recipient no more than thirty (30) days after the execution of the Agreement. • Submission of one (1) Interim Report Back Interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Interim Report Back for costs incurred and submitted as part of the First Interim Report Back that exceed the initial payment. • Submission of Final Report Back to the Province Final payment of up to $7,937 less any amount paid as part of the interim payment made to the Recipient no more than thirty (30) days after the Province’s approval of the Final Report Back. Page 321 of 324 24 SCHEDULE “F” REPORTS Name of Report Reporting Due Date 1. Interim Report Back May 30, 2022 2. Final Report Back February 28, 2023 3. Annual Report Back February 28, 2024 Report Details 1. Interim Report Back The Recipient will submit one (1) Interim Report Back to the Province by May 30, 2022, using the reporting template provided by the Province. The Interim Report Backs will include: • A written description of what the Recipient has completed for the Project to date and what will be completed by the Final Report Back, • A list of actual costs to carry out the Project paid by the Recipient, with supporting documentation, such as invoices or receipts, showing actual costs incurred. 2. Final Report Back The Recipient will submit a Final Report Back to the Province once the Project is completed and by February 28, 2023 using the reporting template provided by the Province. The Final Report Back will include: • A 250-word abstract of the Project and its findings • A written description of the Project and the forecasted annual savings and other efficiency outcomes for the Recipient, • The actual costs to carry out the Project that have not been included as part of the Interim Report Back paid by the Recipient with supporting documentation, such as invoices or receipts, showing actual costs incurred. • A statement indicating an updated estimate of annual cost savings realized through the Project, which will be the performance measure. 3. Annual Report Back The Recipient will submit an Annual Report Back to the Province using the reporting template provided by the Province. The Annual Report Back will include: Page 322 of 324 25 • A statement indicating the actual cost savings and efficiency outcomes from the Project over the course of the year. Page 323 of 324 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-009 A BY-LAW to confirm the proceedings of Council at its meeting held on February, 2022. 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 February 14, 2022, 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. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 14th DAY OF FEBRUARY, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF FEBRUARY, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 324 of 324