Agenda Package - CM_May23_2023 (6)The Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Tuesday, May 23, 2023
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
1.Call to Order
2.Closed Session
3.Moment of Silence
4.Adoption of Agenda
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Council meeting of May 23, 2023 be approved.
5. Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
Moved By: ________________
Seconded By: ________________
THAT the Council meeting minutes dated May 8, 2023 be approved.
7.Presentations
8.Public Meetings
9.Planning Reports
10.Delegations
10.1 Patricia Marshal, Director of Ingersoll & Area's Indigenous Solidarity and Awareness
Network (IISAN) Re: Meaningful Truth and Reconciliation
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from Patricia Marshal as information.
10.2 John Hall Re: Tennis Courts
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from John Hall as information.
10.3 Frank Gross, Manager of Transportation and Waste Management Services, Oxford
County and Pamela Antonio, Supervisor of Waste Management, Oxford County RE:
Transitioning the Blue Box Program to Extend to Producer Responsibility
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from Frank Gross and Pamela Antonio as
information.
10.4 Amy Buchanan-St.Gelais Re: Pride Crosswalk
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from Amy Buchanan-St.Gelais as
information.
10.5 Sorraya Buchanan-St.Gelais, Glendale Sexuality and Gender Equality Club (SAGE)
Re: Pride Cross walk in Tillsonburg
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from Sorraya Buchanan-St.Gelais as
information.
10.6 Gerry Dearing, Tillsonburg District Memorial Hospital Foundation Re: Taste of
Summer Event
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation from Gerry Dearing as information.
11.Deputation(s) on Committee Reports
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11.1 RCP 23-23 Recreation and Sports Advisory Committee Recommendation to Council
- TFC request for Gyulveszi Park Soccer Fields
Moved By: ________________
Seconded By: ________________
THAT report RCP-23-23, Recreation and Sports Advisory Committee
Recommendation be received as information; and
A.
THAT Council approve the recommendation of the Recreation and Sports
Advisory Committee as follows:
B.
THAT the Recreation and Sports Advisory Committee recommend the Parks and
Recreation Master Plan investigate the need for additional soccer fields and
consider the presentation from Tillsonburg Football Club regarding additional fields
located at Gyulveszi Park; and
THAT Council recommends that Tillsonburg Football Club and Tillsonburg Minor
Soccer work together on a joint submission to Council on the need for additional
soccer fields in Tillsonburg.
11.2 EDM 23-09 Cayuga Rail Line Request- Economic Development Advisory Committee
Recommendation
Moved By: ________________
Seconded By: ________________
THAT report EDM 23-09 Cayuga Rail Line Request – Economic
Development Advisory Committee Recommendation be received; and,
A.
THAT Council approve the recommendation of the Economic Development
Advisory Committee as follows:
THAT, in response to the March 10, 2023 letter received from Mike and
Sandy Kloepfer, Town Council supports the potential discontinuation of the
Cayuga Rail Line East of Talbot Road to support Residential Growth in
Courtland, subject to the allocation of additional industrial lands adjacent to
the Cayuga Rail Line West of Talbot Road and within Norfolk County.
B.
12.Information Items
Moved By: ________________
Seconded By: ________________
THAT the Long Point Region Conservation Authority Minutes dated April 5, 2023 be
received as information.
12.1 Long Point Region Conservation Authority Minutes - April 5, 2023
13.Staff Reports
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13.1 Chief Administrative Officer
13.2 Corporate Services
13.3 Economic Development
13.3.1 EDM 23-08 Updated Contract Regarding RFP 2022-001 Real Estate
Services
Moved By: ________________
Seconded By: ________________
THAT report EDM 23-08 Updated Contract Regarding RFP 2022-
001 Real Estate Services be received as information; and,
A.
THAT, considering the delay in entering into a contract with Avison
Young, the initial period be extended to December 31, 2024 with
the option to be extended by two 1 year periods, subject to the
Town entering into listing agreements for specific properties, both
at the Town’s sole and absolute discretion; and,
B.
THAT the Development Commissioner be authorized to execute
the agreement with Avison Young along with other agreements
that may be required for specific properties.
C.
13.4 Finance
13.5 Fire and Emergency Services
13.6 Operations and Development
13.6.1 OPD 23-21 Property Standards By-Law Review
Moved By: ________________
Seconded By: ________________
THAT report titled OPD 23-21 Property Standards By-Law Review
be received as information; and
A.
THAT a by-law to repeal and replace the Property Standards by-
law 3638 for prescribing standards for maintenance and
occupancy of property be presented to Council for consideration
as attached to report OPD 23-21.
B.
13.7 Recreation, Culture and Parks
13.7.1 RCP 23-25 Playground RFP - Northcrest Phase II and Elliot Fairbairn
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Moved By: ________________
Seconded By: ________________
THAT Council receive Staff Report RCP 23-25 2023 Playground
RFP -Northcrest Phase II and Elliot Fairbairn, as information; and
A.
THAT Council awards both playground RFPs to Park n Water in
the amount of $125,388.30 (non-recoverable HST included) for
Northcrest Phase II, and $58,795.67 (non-recoverable HST
included) for Elliot Fairbairn.
B.
13.7.2 RCP 23-24 Amendment to Sports Facilities Allocation Policy
Moved By: ________________
Seconded By: ________________
THAT Council receives report RCP-23-24, Amendment to Policy 9-
010: Sports Facilities Allocation Policy; and
A.
THAT Council approves and adopts the revised Sports Facilities
Allocation Policy for the Town of Tillsonburg as presented.
B.
13.7.3 RCP 23-22 Naturalized Areas Implementation
Moved By: ________________
Seconded By: ________________
A. THAT report RCP 23-22, Naturalized Areas Implementation be received;
and
B. THAT the sites listed in report RCP 23-22 be approved for preparation
and installation of naturalized areas locations.
Turtle Garden (McLaughlin Way)1.
Trans Canada Trail (4th to North Trailhead)2.
Summer Place (butterfly garden redesign/delegation)3.
Delevan Crescent (forest edge garden)4.
Annandale ballfield #5/parking area5.
Borden Crescent6.
Cadman Park (pending LPRCA approval)7.
Carroll trail entrance8.
Coronation Park9.
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Glendale Park10.
Lake Lisgar/Hawkins Bridge11.
Langrell storm water pond12.
Participark (x2)13.
Trans Canada Trail (Tillson Ave entrance)14.
Carroll Trail/John Pound Road (tunnel)15.
Trottier Park16.
Tillsonburg Cemetery (butterfly garden rebuild)17.
14.New Business
15.Consideration of Minutes
15.1 Advisory Committee Minutes
Moved By: ________________
Seconded By: ________________
THAT Council receives the Recreation and Sports Advisory Committee Minutes
dated May 4th, 2023, the Affordable and Attainable Housing Committee Minutes
dated April 26th, 2023 and the Community Health Care Committee Minutes dated
May 2nd, 2023 as information.
16.Motions/Notice of Motions
16.1 Councillor Parker - Snackbar at Lake Lisgar Water Park
Moved By: ________________
Seconded By: ________________
THAT Council requests Staff to research and report back on the costing and
possibilities of a reduced scope of the snackbar at the Lake Lisgar Water Park.
16.2 Councillor Spencer Re: Rainbow Crosswalk
Moved By: ________________
Seconded By: ________________
WHEREAS Oxford Pride attended Council on April 10, 2023 requesting support for a
Rainbow Crosswalk in the Town of Tillsonburg that would be fully funded by the
Oxford Pride organization;
AND WHEREAS, as part of the Council for the Town of Tillsonburg’s adopted
Community Strategic Plan, a strategic direction is to Engage community groups,
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including advisory committees and service organizations, in shaping municipal
initiatives;
AND WHEREAS the Oxford County Safe Well plan, reveals the priorities of Oxford
Citizens as Mental Health and Prevention, as well as Equity, Diversity, Inclusion
Action Plan;
AND WHEREAS Rainbow Crosswalks are seen as a visual demonstration of, and
recognition and commitment to, diversity and inclusion as well as our support for the
2SLGBTQIA+ community;
BE THEREFORE IT RESOLVED:
THAT Council accept the offer from Oxford Pride for a Rainbow Crosswalk
which is to be fully funded by their organization including any maintenance
needed; and
1.
THAT the location of the sidewalk to be Broadway Street at the Clock
Tower; and
2.
THAT staff collaborate with Oxford Pride on the needs associated with the
installation, including but not limited to any road detours, while the work is
being completed.
3.
17.Resolutions/Resolutions Resulting from Closed Session
18.By-Laws
18.1 By-Law 2023-049 A By-Law for Prescribing Standards for the Maintenance and
Occupancy of Property Within the Town of Tillsonburg
Moved By: ________________
Seconded By: ________________
THAT A By-Law for Prescribing Standards for the Maintenance and Occupancy of
Property Within the Town of Tillsonburg be read for a first, second and 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.
19.Confirm Proceedings By-law
Moved By: ________________
Seconded By: ________________
THAT By-Law 2023-048, to Confirm the Proceedings of the Council Meeting held on May 23,
2023, be read for a first, second, third and final reading and that the Mayor and the Clerk be
and are hereby authorized to sign the same, and place the corporate seal thereunto.
20.Items of Public Interest
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21.Adjournment
Moved By: ________________
Seconded By: ________________
THAT the Council meeting of May 23, 2023 be adjourned at X:XX p.m.
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The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, May 8, 2023
5:30 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Mayor Gilvesy (Chair)
Deputy Mayor Beres
Councillor Luciani
Councillor Parker
Councillor Parsons (Joined at 5:34 p.m.)
Councillor Rosehart
Councillor Spencer
Staff: Kyle Pratt, Chief Administrative Officer
Tanya Daniels, Director of Corporate Services/Clerk
Sheena Pawliwec, Director of Finance/Treasurer
Johnathon Graham, Director of Operations & Development
Cephas Panschow, Development Commissioner
Renato Pullia, Director of Innovation & Strategic Initiatives
Shane Caskanette, Fire Chief
Jadie Scaman, Assistant Fire Chief of Prevention & Training
Julie Ellis, Deputy Clerk
_____________________________________________________________________
1. Call to Order
2. Closed Session (5:30 p.m.)
Resolution # 2023-190
Moved By: Councillor Spencer
Seconded By: Deputy Mayor Beres
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THAT Council move into Closed Session to consider the following:
2.4.1 CAO 23-07 Corporate Office Lease - Cost Savings
239 (2) (i) 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;
239 (2) (k) a position, plan, procedure, criteria or instruction to be applied
to any negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
Carried
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 CAO 23-07 Corporate Office Lease- Cost Savings
2.5 Back to Open Session
3. Moment of Silence
4. Adoption of Agenda (6:00 p.m.)
Resolution # 2023-195
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT the Agenda as amended for the Council meeting of May 8, 2023, be
approved with the removal of Agenda Item 7.1.
Carried
5. Disclosures of Pecuniary Interest and the General Nature Thereof
None.
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6. Adoption of Council Minutes of Previous Meeting
Resolution # 2023-196
Moved By: Councillor Spencer
Seconded By: Councillor Parker
THAT the Council meeting minutes dated April 24, 2023 be approved.
Carried
7. Presentations
7.1 Tillsonburg Lions Re: Commitment to Change Room
Removed from the Agenda - Postponed
8. Public Meetings
Resolution # 2023-197
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council move into the Committee of Adjustment to hear an application for
Minor Variance at 6:02 p.m.
Carried
8.1 MV A01-22 Minor Variance - 41 King Street
Laurel Davies Snyder, Planner, Oxford County, appeared before Council
to provide an overview of the application. Staff recommend approval of the
Minor Variance application.
Opportunity was provided for comments and questions from Council.
Hayden Diamond, agent for the applicant, appeared before Council to
support the application.
No members of the public appeared before Council in support of the
application.
No members of the public appeared before Council in opposition of the
application.
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Resolution # 2023-198
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
That the Town of Tillsonburg Committee of Adjustment approve
Application File A01-22, submitted by Hayden Diamond, for lands
described as Part Lot 450, Plan 500, AS IN 489046, Town of Tillsonburg,
as it relates to:
Relief from Section 12.2, Zone Provisions - Table 12.2B: Rear Yard –
Minimum Depth, Non-Residential Uses -– to decrease the minimum
required setback from 12.5 m (41 ft) to 0.55 m (1.8 ft); and,
Relief of Section 5.24.2.1 – Off-Street Parking Required – Table
5.24.2.1 – Parking Standards – to decrease the total number of required
parking spaces from thirteen (13) to eleven (11).
to facilitate the of an addition measuring approximately 85 m2 (915 ft2)
subject to the following conditions:
As the proposed variances are:
(i) deemed to be minor variances from the provisions of the Town of
Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of
Tillsonburg Zoning By-law No. 3295; and,
(iv) in-keeping with the general intent and purpose of the Official Plan.
Carried
Resolution # 2023-199
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT Council move out of Committee of Adjustment and move back into
regular Council session at 6:19 p.m.
Carried
9. Planning Reports
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10. Delegations
11. Deputation(s) on Committee Reports
11.1 CS 23-10 Citizen of the Year
Resolution # 2023-200
Moved By: Councillor Parsons
Seconded By: Councillor Spencer
1. THAT report CS 23-10 titled Museum, Culture, Heritage and
Special Awards Advisory Committee Recommendation be
received; and
2. THAT Council supports the recommendation of the Museum,
Culture, Heritage and Special Awards Advisory Committee as
follows: That Rosemary Dean be selected as the Town of
Tillsonburg 2023 Citizen of the Year award recipient; and
3. THAT the 2023 Citizen of the Year event be held in June of 2023
with the pre-approved budget amount of $1,500.
Carried
11.2 RCP 23-21 Recreation and Sports Advisory Committee
Recommendation to Council - Tillsonburg Minor Soccer MOU
Resolution # 2023-201
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
1. THAT Council receives RCP-23-21, Recreation and Sports
Advisory Committee Recommendation as information; and
2. THAT Council supports the recommendation of the Recreation and
Sports Advisory Committee as follows:
THAT the Recreation & Sport Advisory Committee recommend
that Tillsonburg Council direct staff to review and create an
updated and comprehensive Memorandum of Understanding
with the Tillsonburg Minor Soccer Club.
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3. THAT this be completed by Q4 of 2023.
Carried
12. Information Items
Resolution # 2023-202
Moved By: Councillor Spencer
Seconded By: Councillor Parsons
THAT the correspondence from the County of Oxford regarding the Second Unity
Program Update, the Petition regarding Potential Changes to Gyulveszi Park and
the correspondence from Enbridge Gas regarding Locate Charges be received
as information.
Carried
12.1 County of Oxford Re: Second Unit Program Update
12.2 Petition Re: Possible Changes to Gyulveszi Park
12.3 Enbridge Gas Re: Locate Charge
13. Staff Reports
13.1 Chief Administrative Officer
13.2 Corporate Services
13.3 Economic Development
13.3.1 Budget Whitepaper-Project Management Consultant to
Expedite Industrial Land Development
Resolution # 2023-203
Moved By: Councillor Luciani
Seconded By: Councillor Rosehart
THAT Report EDM 23-07 Update Regarding Project Management
Consultant to Expedite Industrial Land Development White Paper
be received as information; and
THAT Council supports entering into an agreement, as outlined,
with Colliers and staff be authorized to execute said agreement.
Carried
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13.4 Finance
13.5 Fire and Emergency Services
13.5.1 FRS 2023-04 Fire Report Back on Letter Treva Lonsbary
Regarding Open Air Burning
Resolution # 2023-204
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parker
THAT report FRS-2023-04 Report on Open Air Burning from Treva
Lonsbary be received as information.
Carried
13.6 Operations and Development
13.6.1 OPD 23-22 - Results for RFT 2023-003 Bayham Drive
Resurfacing
Resolution # 2023-205
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT Council awards Tender RFT 2023-003 to Brantco
Construction, ON at a cost of $411,718.01 (non-recoverable HST
included), the lowest bid received satisfying all Tender
requirements.
Carried
13.6.2 OPD 23-23 By-Law Enforcement Student Appointment
Resolution # 2023-206
Moved By: Councillor Parker
Seconded By: Councillor Parsons
1. THAT report titled OPD 23-23 By-Law Enforcement Student
Appointment be received as information; and
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2. THAT a By-Law to appoint Cooper DesRoches as a By-Law
Enforcement Officer for the Town of Tillsonburg be brought
forward to Council consideration.
Carried
13.7 Recreation, Culture and Parks
14. New Business
15. Consideration of Minutes
15.1 Advisory Committee Minutes
Resolution # 2023-207
Moved By: Councillor Spencer
Seconded By: Deputy Mayor Beres
THAT Council receives the Museum, Culture and Heritage Advisory
Committee minutes dated April 19, 2023, the Economic Development
Committee minutes dated April 11,2023, the Police Services Board
minutes dated March 15, 2023, the Traffic Advisory Committee Minutes
dated April 13, 2023 and the April 25, 2023 Parks, Beautification and
Cemetery Advisory Committee Minutes as information.
Carried
16. Motions/Notice of Motions
The following motion will be included on the May 23, 2023 Regular Council
meeting agenda:
Moved By: Councillor Parker
THAT Council requests Staff to research and report back on the costing and
possibilities of a reduced scope of the snackbar at the Lake Lisgar Water Park.
17. Resolutions/Resolutions Resulting from Closed Session
18. By-Laws
18.1 By-law 2023-045, A By-Law to close a portion of a Municipal public
roadway known as the unopened Right-of-Way, described as a Road
Allowance Between Concession 3 and 4, North of Talbot Road,
Middleton, East of Bell Mill Sideroad
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18.2 By-Law 2023-47, A By-Law to Appoint a Municipal Law Enforcement
Officer for the Town of Tillsonburg
Resolution # 2023-208
Moved By: Councillor Luciani
Seconded By: Councillor Rosehart
THAT a By-Law to close a portion of a Municipal public roadway known as
the unopened Right-of-Way, described as a Road Allowance Between
Concession 3 and 4, North of Talbot Road, Middleton, East of Bell Mill
Sideroad ; and
A By-law to Appoint a Municipal Law Enforcement Officer for the Town of
Tillsonburg be read for a first, second and 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
19. Confirm Proceedings By-law
Resolution # 2023-209
Moved By: Deputy Mayor Beres
Seconded By: Councillor Spencer
THAT By-law 2023-046, to Confirm the Proceedings of the Council Meeting held
on May 8, 2023, 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. Items of Public Interest
21. Adjournment
Resolution # 2023-210
Moved By: Councillor Parsons
Seconded By: Councillor Luciani
THAT the Council meeting of May 8, 2023 be adjourned at 6:52 p.m.
Carried
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Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are
livestreamed and recorded.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
It is encouraged to supply sufficient information regarding your delegation for inclusion on the public
meeting agenda, including any requests for action on the subject matter. This allows members of Council to
have an understanding of the purpose of your delegation.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
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First Name *
Patricia
Last Name *
Marshal
Street Address *
235 thames st N
Town/City *
Ingersoll
Postal Code *
N5c3e3
Phone Number *
226-340-1388
E-mail *
IISANnetwork@gmail.com
Subject *
IISAN deligation
Name of Group or Person(s) being
represented (if applicable)
IISAN- Ingersoll & Area's Indigenous Solidarity
and Awareness Network
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
It is encouraged to supply sufficient information regarding your delegation for inclusion on the
public meeting agenda, including any requests for action on the subject matter. Details of the
purpose of the delegation: *
My name is Patricia Marshal, I am a mixed heritage mother of four and resident of Ingersoll, I am also a
previous resident of Tillsonburg. I write to you today in my professional capacity as the founder and
director of IISAN, Ingersoll & Area's Indigenous Solidarity and Awareness Network.
Firstly I would like to thank Tillsonburg Town Council for making their formal land acknowledgment
recently. These are meaningful steps!
I was speaking with councilor Kelly Spencer after the annoncemnt to congratulate Tillsonburg on this
monumntous occurance and to also enquire if the council of tillsonburg would be open to a presentation
from IISAN regarding meanigful Truth and Reconcilation. She directed that i contact the clearks office tk
request a deligation. It is so important to have these open channels of communication between
municipal offices and the citizens of the area. It is also extremely important for Municipalities and social
orgaizations to work together towards T&R. It is a pleasure to have the opportunity to speak with you
and explain what it is we do at IISAN.
Ingersoll & Area's Indigenous Solidarity and Awareness Network otherwise known as IISAN was
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formed in the wake of the discovery of the 215 in the summer of 2021. We are composed of a mix of
Indigenous, mixed ancestry and Indigenous allies all with the same goal- actively work towards
Meaningful Truth and Reconcilation in Oxford County!
We have now successfully organized two March's for Truth and Reconciliation in Ingersoll under the
IISAN umbrella in September 2021 and September 2022, we are of course also planning our third
annual march for Saturuday September 30th 2023 in Ingersoll. In order to include all of Oxford County in
meaningful Reconcialtion and understanding of the truth we are now attempting to expand our events to
neighbouring towns within Oxford County starting with a small memorial event in Tillsonburg on the
evening on May 6th for MMIWG2S+. We invite Tillsonburg council members to attend if they wish to
particpate.
Since the conception of our network we have strived to find meaningful ways to illuminate the truth about
Indigenous issues/history to the residents of this county and give people the opportunities to stand in
solidaurty and be part of reconcilation.
T&R is something that has been largely ignored in Oxford county untill the formation of IISAN and I'm am
very proud and grateful that the efforts we have made have indeed gotten the ball rolling with our towns.
It was deeply appreciated that Tillsonburg council is also having ProfessorCody Groat in to deliver an
education segment to council. This is long overdue for most Municipalities within oxford county, i
attended Codys presentation in Ingersoll and can confirm that it is very informative for everyone who
attended or viewed.
IISAN has also been working on other ways to help the community in regards to T&R; in March we are
launched a youth program in partnership with Big Brothers Big Sisters of Oxford County and sponsored
by Communities Building Youth Futures Oxford to help youth in our area explore Indigeneity through
creative expression and community connection. We are also planning an event in May to honor
MMIWG2S+ people along the Trans Canada Trail and are in the works on organizing a four part
community education program open to all members of the public. Hopefully we see some council
members at these education programs also to further their understandings and commitments towards
truth and reconcilation in both their personal and professional capacities. We have also been setting
up our booth at local festivals and events in order to promote what we do and give people more
opportunities for learning. we love to attend Turlte Festival and set up a small booth also if that would be
allowed.
At IISAN we have learned that it's imperative that we work cooperatively with both municipal councils
and leaders aswell as Indigenous councils and leaders.
Our hope is that we could come explain to council and public what IISAN is about, what we have done,
what we plan to do and how the town of Tillsonburg could be active partners with Ingersoll & Area's
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Indigenous Solidarity and Awareness Network moving forward to lead the way in our area as pillars of
inclusion, diversity and Recolcilation, just as we recently did for Ingersoll Town Council.
Thank you, miigwech, merci for taking the time to read my email. I look forward to speaking more with
you and arranging a time IISAN could come in to do a formal delegation to town council.
Best wishes;
Patricia Marshal (she/her) Director of IISAN- Ingersoll and area Indigenous Solidarity and Awareness
Network
Please indicate the preferred meeting date which you would like to appear as a delegation:
5/23/2023
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Will there be a Power Point presentation? *
Yes
No
Please attach a copy of your presentation. If
you experience technical difficulties please
submit your presentation materials via email
to clerks@tillsonburg.ca
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
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Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
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Tansaii, Sekon, Khwe, Boozhoo, Bonjour, Hello
These are just a few of the many phrases we can use to greet one another, which one I propose to you
would your first inkling be to use? Which of these do you think was the first for the wind, trees, earth
and river to hear? Which ones I now ask did I begin with?
TANSAII<
SEKON<
KHWE<
BOOZHOO<
These words I use first as a way to honor the first people of this region, the Anishnawbe and the
Houdenesaunee, however just like there are many words, there were many nations and many ways to
honor, reconcile and move forward. IISAN does its best to help the community to be able to so also in
meaningful ways.
I would like to say Miigwech, or thank you to council for having me here to share with you about
Ingersoll & Area’s Indigenous Solidarity and Awareness Network or IISAN for short.
My name is Patricia Marshal, I am a woman of mixed Ojibwe, Celtic and German heritage, who has
called Oxford County home since 2016, I have chosen to raise my four resilient Indigenous children here
with the help of my partner who is a proud Houdenesaunee descendent of the Mohawk Nation and has
called Oxford County home his whole life; my professional capacity however is that of the Director of
IISAN.
It is important however, before I go any further that I acknowledge the land on which we stand and its
Indigenous roots. Tillsonburg adopted a formal land acknoiledgemnt in October of 2021 that reads
"In Tillsonburg, as we gather on the traditional territory of
indigenous peoples, dating back countless generations, we
acknowledge the Anishinaabek (Ah-nish-in-a-bek),
Haudenosaunee (Ho-den-no-show-nee) and Attawandaron (Add-
a-won-da-run) peoples, showing respect for the long-standing
relationships that Indigenous Nations have to this land, as they
are the original caretakers."
Upon firther research I also found this land acknoedlgemt adopted by tillsonburg town council in 2021
Tillsonburg is located on the traditional territories of Indigenous Peoples and is
covered by the Between the Lakes Treaty Number 3 of 1792. I/We would like to
acknowledge that we are on the traditional land of the Anishinaabek,
Haudenosaunee, and Attawandaron peoples.”
I am also aware that recently the town of tillsonburg once again reaffirmed their acknowledgement of
tillsonburgs indigenous roots in the public eye. I ask however, with these public statements of
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recognition, what else has the town of Tillsonburg done to be active participants on the path towards
Truth and Reconciliation since? I don’t ask this to shame you or put you on the spot, but simply as
something to ponder, Many times people make land acknowledgments as blanket statements and
many feel it will “get them off the hook” of further or immediate action, well the time has come for all
of us in Oxford County to stop dragging our feet and honor the fact that Oxford County is part of the
ONE BOWL AND SPOON TREATY between the Anishnawbe and Houdenesaunee peoples who shared
the resources of this region and that as residents we could and should find ways to become respectful
partners in this treaty and the responsibilities that it entails.
Formal government treaties such as the Upper Canada treaties oxford county falls into and the
between the lakes treaty that Tillsonburg is part of were made with the intention of trading
ownership of land and without the full understanding of the Indigenous peoples, therefore consent by
its very definition is in question. Indigenous peoples are connected to the land which they live, with
responsibilities of stewardship for species of flora and fauna. The arrival of settlers and the so called
“purchase” and theft of lands caused the collapse of many ecosystems and even extinction of entire
species, almost including Indigenous peoples themselves. Treaties with the crown and federal
governments were also only made with individual nations and were not negotiated with all nations
who used this land and its resources, this further supports questions of consent and the legitimacy of
these treaties and the limitations they impose on Indigenous people and the liberties granted to
settlers of the area. Both the Anishnawbe and Houdenesaunee had long established forms of
governance and community that were directly disrupted by the arrival of settlers into this tract of
land, including the colonial imposed elected council system which superseded the long standing
hereditary councils. Both of these peoples welcomed settlers into these lands and taught them ways to
survive and thrive, it was the hopes of our Indigenous ancestors that the new settlers would help to
share the load of stewardship and become partners in traditional treaties such as the dish with one
spoon, an example of this wish would be the Two Row Wampum made with the Dutch peoples, this
illustrated the desire to coexists peacefully side by side without disrupting the others way of life. I
bring these perspectives and information to the table in order to help with the journey of
understanding regarding the ask put forth by UNDRIP and what the principles of it imply on a local
scale. Being that the Pope has just recently repudiated the Doctrine of Discovery, which was the
original grounds and basis for colonial practices, law, religion and land “ownership” to be considered
the more civilized way of life and would supersede the pre-established Indigenous governing bodies,
land stewardship agreements and spiritual practices; this is a monumental and pivotal time for Truth
and Reconciliation.
- I recommend referencing pg. 8 and 9 of the TRC report, regarding the sections on
Reconciliation and the United Nations Declaration of the Rights of Indigenous People #43-47 -
You’re probably asking, what or who is IISAN?
IISAN itself is a collaborative network comprising of Indigenous, Mixed heritage and non-indigenous
allies. We have four executive board members, being Brenda Boswell as our treasurer, Giselle Luftfallah
as our secretary, Lisa Scott as our Deputy Director and myself Patricia Marshal, as Director along with
several other community volunteers.
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We are a grassroots not-for-profit organization and have just opened a bank account. We meet
wherever we can find space. Our planning meetings during the covid19 pandemic took place in a park,
during 2022 we were able to host some of our meetings indoors at the ICAC and this year we have been
meeting at Ingersoll’s downtown Tim Horton’s.
IISAN was formed in the wake of the discovery of the 215 children at a residential school in Kamloops BC
in 2021. Our original intention was to try and help the community with moving forward with being
active participants on the journey towards truth and reconciliation. Being that Ingersoll is situated
between two of the oldest and longest operating residential schools in Canada, and situated between
numerous Indigenous communities it was felt that it was imperative for actions to occur.
Why does IISAN exist?
To date almost 7000 previously unmarked graves of children attending residential schools have been
recovered, this doesn’t include the over 6000 known children who did not make it home from
residential school. For 150 years, over 150 000 children were legally taken from their parents and
indoctrinated into a system of systemic hate, violence, abuse and oppression for 150 years this was
supported by our governments, by our policing bodies, and for 150 years Canadians were both willingly
and unknowingly complicit in the perpetuation of these so called education centres. For years whistle
blowers tried to bring an end to these injustices or at least notify the public. Yet little to nothing was
ever done. This is a horrific and unchangeable part of history we must face, honor and do our best to
reconcile. In 2015 the TRC report was released to the public documenting the accounts of survivors and
illustrating calls to action in order to work towards true truth and reconciliation, how many I ask have
taken the time to actually read this document and digest its information? We knew then that thousands
of children died at school, if thousands of children were to die at school in Canada now, we all know
what would happen… however when it comes to indigenous children it shamefully took the rediscovery
of hidden children for mainstream society to begin to feel the grief and become even remotely
accountable for making sure history is not repeated and healing occurs. The effects of residential
schools, including the wellbeing of survivors, families, honoring of those lost and public awareness, is
one of the three major issues indigenous people face that IISAN has been working to highlight and is
why orange is included in IISANs colours.
Mmiwg2s+, this is more than just an acronym, these letters, number and symbol represent a plight older
than this country that indigenous people have been forced to face and have largely had ignored by the
colonial world. For centuries now indigenous women, girls, two spirit people and men have been stolen
from Turtle Island, murdered with impunity and disappeared without a trace or aid. Beginning with
stories like Matoaka’s with the founding of this so called new world and still ongoing with stories like
Linda Mary Beardy this year. This is an issue that cannot and should not be ignored! 60 % of all
murdered women are indigenous in North America, with indigenous women being at 12x the risk of
violence and Sa, indigenous women and girls are also 16x more likely than their Caucasian counterparts
to experience these traumas. This does not take in to account the fact that 6 out of every 10 incidents of
violence against indigenous people goes unreported due to authorities neglecting to solve indigenous
related cases, this is supported by statistics like a 53% murder solve rate for indigenous murders vs the
84% solve rate for non-indigenous murders, or the RCMP only formerly recognizing 1000 of the over
4000 Indigenous deaths on the highway of tears that the Native Women’s Association of Canada has
recorded. These stats are tragic, and as an Indigenous woman and mother to Indigenous children, they
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are terrifying. Can you imagine having to worry about these things daily? This is a reality for Indigenous
people even here in Oxford County. In 2019 our prime minister declared MMIWG2S+ genocide, this
month it was once again brought up in the house of commons and declared a national emergency, what
I ask is being done? Where is the red dress alert? When will we as a society begin to address the 231
calls to justice? IISAN recognises that the social issues of MMIWG2S+ is one of the predominant three
issues that Canadians have the power to recognize and actively help to solve. That is why Red is included
in our colours.
When you turn on your tap, do you feel comfortable drinking from it? How come you feel that way?
Now imagine that for 27 years now you could not turn on that tap and safely take a drink of water, use
that water to cook, brush your teeth or even boil to cook with? How would you feel then? This is the sad
reality that many indigenous communities face, if you prefer to have a tangible community to think
about the strongest example would be Nesktantga first nations in northern Ontario, they have been
without access to clean water for over 27 years despite several attempts to highlight the issue, Two
other nearby community without access to clean water would be Munsee-Delaware Nation and Six
Nations of the Grand River, I’m sure many of you know exactly where both of these are. . Many other
communities go without adequate food supplies, medical care and local education. Many indigenous
communities in Northern Ontario and other provinces do not have high schools within their community,
this requires sending their loved ones away to larger cities, which causes the reliving of
intergenerational trauma and the creation of new ones (watch thunder bay on crave for an eye opener)
A Lack of basic resources in indigenous communities or any community in a nation that proclaims itself
as a first world nation is a deeply shameful and troubling issue, this is why IISAN includes blue as our
third colour, to highlight and represent the disproportionate lack of basic needs many indigenous people
face in this county and province alone.
**I’d like to quickly note that the slides in the PowerPoint provided contain further information, including
links about these topics and I encourage you to take the time to read them and further up on expanding
your personal understanding of these situations.**
What does IISAN do?
IISAN first began with an orange heart campaign as a creative display in the downtown core. We worked
with local shopkeepers to accurately showcase the number of graves being found. We then organized
our first official march for Truth and Reconciliation September 30th 2021, with over 400 people in
attendance. Community partners included: United Way, Oxford Children’s Aid Society, the Optimist Club
of Tillsonburg, Big Brothers Big Sisters of Oxford, town of Ingersoll and N’AMERIND Friendship Centre.
Our 2nd march on September 30th 2022, was enhanced through a partnership with the Ingersoll Creative
Art Centre. This gave us some indoor space and coincided with an Indigenous Art exhibit. IISAN has also
been responsible for establishing a local “red dress tree” found downtown Ingersoll on important dates
to honor the spirits of MMIWG2S+ people. In late 2022, IISAN began working with the Ingersoll BIA
regarding a crosswalk to highlight Indigenous Issues, you can see the design on the far right of the
current slide. This design highlights three of the social issues Indigenous people have and do face and is
created with colours and symbolism tied to these issues, Orange with a handprint for those affected by
the IRSS, blue with a water drop to highlight the disproportionate lack of basic resources in Indigenous
communities as well as red with a dress for MMIWG2S+; due to the onset of the snow the installation
was delayed to June 20th 2023. 2023. This crosswalk is planned to be installed on King St crossing from
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the Ingersoll Nurse Practitioner Clinic to the Memorial park where we conduct our Truth and
Reconciliation opening ceremonies. This location also has historical ties to the “Detroit Path” which ran
across east Oxford Township connecting the head of Lake Ontario to what is now known as Detroit. We
have also been doing our best to set up pop up tables at community events and festivals in order to help
raise awareness and give more access to education for members of the public.
This year IISAN was successful in obtaining a grant from Communities Supporting Youth Futures Oxford
to offer a new program to educate youth aged 6-16 about Indigeneity in order to help the next
generation to know better and do better while also addressing call to action #66 and #63 from the TRC.
We call this program IndigiKNOW and partnered with Big Brothers Big sisters of Oxford County to deliver
it in a safe and inclusive manner. We have also recently applied for a grant from the Community Services
Recovery Fund to help us with our vision, communications and future plans. In April IISAN participated in
Ingersoll’s Annual Community Clean Up along the Thames as an act of responsible land stewardship, it
was refreshing to be engaged in such a good natured and well established event like this, although the
rain did try to be our tag along, it provided the chance to extend our community clean for the full week.
Also in April of 2023 IISAN stood with Oxford County Pride in Norwich against their motion to ban the
flying of any non-government flags, which would include the pride flag, inclusive pride flag in June and
flags regarding truth and reconciliation, such as the every child matters flag in September. IISAN still
stands with Oxford County Pride as an ally and as advocates for the Two-Spirit community. IISAN wants
to make it clear that Oxford County is a rainbow of diversity and this should be reflected by our elected
officials in any capacities they are capable to do so, including and not limited to flying flags of solidarity
with minority groups like the 2sLGBTQIA+ and Indigenous peoples of Turtle Island. You can count on us
to be at this year’s Oxford County Pride Family Day with information and Indigenous awareness and
pride merchandise by Becca Neepin, an indigenous vendor, Woodstock resident and IISAN collaborator.
On May 6th of this year in Tillsonburg we hosted our first annual HONOURING MMIWG2S+ event along
the trans-Canada trail which included a display of red dresses in the main park accompanied by
information about MMIWG2S including the calls to Justice. The night concluded with an introspective
red dress walk after speeches and spoken word were shared. We also had MMIW+ awareness
merchandise available for participants who wished to continue to raise awareness past the night of the
event. We plan to continue to host this event annually in Tillsonburg and hope it will grow in size and
awareness. We of course are also in the works of planning IISAN’s annual event for September 30th
which includes the “March for Truth and Reconciliation”, a “red dress tree” along the March route and
guest speakers including Indigenous Studies Professor Cody Groat. We have an open call out for
indigenous vendors, drummers, artists and speakers who wish to partake in this year’s event. We are
also looking for community sponsors who wish to help us with this year’s March for Truth and
Reconciliation.
We are now in the works of collaborating with STITCH supper club to highlight some indigenous food at
their June 22nd STITCH supper club meal, being that it is the day after National Indigenous day it was a
perfect opportunity for community collaboration. IISAN is also exploring the possibility of offering basic
adult information sessions as a result of community feedback.
In conclusion
It took until the discovery of 215 tiny souls in unmarked graves in 2021 for communities to do something
about it, not when the reports were published in the early days of residential schools, not when
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indigenous communities and their survivors were brave enough to share their stories, not when OPP
officers were picking up young runaways to return to the Mohawk institute, not when indigenous
mothers, children and partners tried to alert the authorities of their missing and murdered loved ones,
not when the TRC report was released with its recommendations in 2015.
No, it took the shocking recovery of the 215 for this community to do anything about these atrocities
and to become active participants in truth and reconciliation. For that I do feel shame, I’m sure many of
us do, however I do feel gratitude and pride that IISAN has been able to do their best to lead by example
and make truth and reconciliation a priority in oxford county, and Tillsonburg itself. I feel pride and
gratitude also that as council you have made it your priority to learn and observe some of the calls to
action in the TRC, beginning with your formal land acknowledgment and continuing with having me here
today and hopefully moving forward as well.
I know these are powerful observations and statements, and that it leaves one with a lot to digest,
however I do wish to make an ask of Tillsonburg Town council, my ask is for your formal endorsement of
IISAN 00000000\ bjiiiiiii/and support towards IISAN’s actions by means of promotion of our events and
information on your social media pages and website, we also ask that Tillsonburg Town council table
and present an annual report illustrating how the council has or has not met the calls to justice and calls
to action outlined in the trc report and MMIW final reports. These asks are made to help the community
to move forward with being active participants in truth and reconciliation.
My uncle Blair, a 60s scoop survivor from Mishkeegogamang First Nation taught me a powerful phrase
in Ojibwe when I began walking this path and it has stuck with me every step of the way, I wish to say it
and leave it with you.
Kina gibizaamin maji mnowagazman ambe dash ga mnowagazyen
This means for we came to be happy so go be happy, there is no truer sentiment or phrase I have ever
heard about the hopes for moving forward for both indigenous and non-indigenous communities.
Chi-miigwech for having me today and I hope that IISAN and the town of Tillsonburg can be great
partners moving forward on the path to truth and reconciliation.
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May 23rd 2023
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https://www.mmiwg-ffada.ca/final-report/
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Orange Heart Campaign
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September
30th 2022
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IndigiKNOW
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Upcoming Events and Projects
•IndigiKNOW May 29th in Ingersoll
•IndigiKNOW June 19th in Ingersoll
•Oxford County Pride Family Day June 17th in Woodstock
•Ingersoll Indigenous Cross walk installation and celebration June 20th
•Frybread Feast with IISAN and STITCH June 22nd in Ingersoll
•Truth and Reconciliation Event September 30th in Ingersoll
•4 part community education project during 2024 in Oxford County
•IISAN podcast in 2024
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March for Truth and Reconciliation 2023
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The MMIWG2S+ final report can be found at https://www.mmiwg-ffada.ca/final-report/
TRC Reports can be found at https://nctr.ca/records/reports/including information regarding the 98 calls to
action
More information regarding the water crisis can be found here https://www.sac-
isc.gc.ca/eng/1506514143353/1533317130660
IISAN can be found on facebook at https://www.facebook.com/IISANnetwork?mibextid=ZbWKwL or on
Instagram by scanning >>>>>>>>>>>>
You can reach us by email at iisannetwork@gmail.com
226-340-1388(cell-text only)
Further Reading and IISAN Contact
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Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are
livestreamed and recorded.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
It is encouraged to supply sufficient information regarding your delegation for inclusion on the public
meeting agenda, including any requests for action on the subject matter. This allows members of Council to
have an understanding of the purpose of your delegation.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
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First Name *
John
Last Name *
Hall
Street Address *Town/City *
Tillsonburg
Postal Code *Phone Number *
E-mail *Subject *
proposal to erect a all season steel building
over the existing tennis courts
Name of Group or Person(s) being
represented (if applicable)
john Hall
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
It is encouraged to supply sufficient information regarding your delegation for inclusion on the
public meeting agenda, including any requests for action on the subject matter. Details of the
purpose of the delegation: *
The proposal is to erect a all season steel building over the existing tennis courts, Tillsonburg has no
facilities to accommate winter tennis and pickleball forcing residents to drive to aylmer, st thomas and
woodstock. Once erected the building will not only service tennis and pickleball but by using portable
pickleball nets the area can easily be cleared for badmington, axercise classes, Dance classes
Handycap programes, any club looking for space in the wintertime. This will promote Tillsonburg as
the leading town for all season recreation and draw in residents from surrounding areas , THis will be a
town programme and nobody will expect a free ride at tax payers expense, Aylmer is dawing in a
average of 40 pickleball players a day charging $4 per 3 hour session, with our arena open morning
afternoon and evening we could easily draw in $150 a day just for pickleball, with 18 session a week
we should easly cover heating and cooling costs. The other advantage is the high school could arrange
tennis lessions twice a week all year round for its students without worry of weather conditions. This of
course is the big factor, one can never rely on weather, it is either to hot, cold, wet, windy the sun is in
your eyes and players only get 5 months if they are lucky.If approval is granted the steel manufacturer
and contractors can put up the building in a time period of 14 weeks .
Personal Information
Personal Information Personal Information
Personal Information
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Please indicate the preferred meeting date which you would like to appear as a delegation:
5/22/2023
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Will there be a Power Point presentation? *
Yes
No
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
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Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
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Transitioning the Blue Box Program to Extended Producer Responsibility -Update
Town of Tillsonburg Meeting of Council
May 23, 2023
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Transforming Waste in Ontario
Provincial Goals and Objectives
•Transform the existing wastediversion framework to support Ontario’s vision of a circular economy
•Circular Economy aims to eliminate waste, not just from recycling processes, but throughout the lifecycles of products and packaging
•Producers will be fully responsible for end-of-life management of the paper products and packaging material produced
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New Blue Box Regulation
•As of January 1, 2026, Producers will become fully accountable and financially responsible for collecting and recycling their Blue Box materials when consumers discard them
•Province-wide common collection system for Blue Box Materials
•Municipalities and First Nation communities will start transitioning their Blue Box programs starting July 1, 2023 through to December 31, 2025
•As of January 1, 2026, municipalities are no longer be responsible for the Blue Box program
•Result = Net annual savings of ~$2 million for the County
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Current Blue Box Program
•Mandates municipalities operate, and
maintain a blue box waste management
system for populations of at least 5,000
•Provides service to residential sources
including multi-residential buildings
•50% of municipal net Blue Box program
costs funded by Producers
•The collection and processing of blue box
materials from non-residential sources (IC&I)
does not qualify for program funding –100%
of the costs incurred by the municipality
Oxford County’s Blue Box
Program
Residential Curbside
Collection
50% of costs funded by
Producers
IC&I Curbside Collection
Must meet program
requirements & located on
collection route (e.g. BIAs)
100% of costs funded by
municipalities
Depot Collection
(Residential & IC&I)
Only material from
residential sources is eligible
for funding at 50% of net
program costs
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Transitioned Blue Box Program (begins January 1, 2026)
•Only residential sources, public spaces and eligible IC&I sources (schools, not-for profit long-term care and retirement facilities) will receive collection
•100% of all collection, processing, and program management costs for program eligible sources covered by the Producers
•Producers are required to meet reduction, reuse, and recycling targets as well as service standards and promotion and education requirements
Producer Led Blue Box
Program Province Wide
Residential Curbside
Collection
100% of costs funded
by Producers
100% of program
operations managed by
Producers
IC&I Curbside Collection
Curbside service to non-
eligible IC&I will be
discontinued
Depot Collection
(Res & IC&I)
May not supported by
Producers where
curbside collection
service exists
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Designated Materials Page 64 of 303
EPR Blue Box Transition Timeline
First Group of Municipalities (67)
•Transition July 1, 2023
Second Group of Municipalities (127)
•Transition 2024
Third Group of Municipalities (182)
•Transition 2025
•Oxford County –Dec 31, 2025 *
* Includes recycling program services
provided by SWOX and Woodstock
under service contract to the County
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During the Transition Period (July 1, 2023 to December 31, 2025)
•County continues as the Waste Management Authority for all Area Municipalities, coordinates and/or contracts out all eligible Blue Box Program services
•County will continue to receive Blue Box program funding of approximately 50% until the end of 2025
•County to continue to report to Resource Productivity & Recovery Authority (RPRA) on County and contracted Blue Box programs.
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Transitioning the Blue Box Program to EPR
•Producers can independently fulfill their new EPR requirements or contract to a PRO to manage their blue box responsibilities under the New Blue Box Regulation
•A PRO represents one or more Producers and carries out Blue Box services such as:
•Arranging, establishing or operating a promotion and education system
•Arranging, establishing or operating a collection or management system
•Provide customer service support for curbside collection operations
•Provision of blue box containers
•Representing producer(s) for other purposes related to O. Reg. 391/21
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Circular Materials (CM)
•A national PRO supporting Producers to meet their EPR regulatory obligations
•CM was selected as the administrator of the common collection system
•Other PROs may come forward to oversee the common processing systems
Founders
•Founded by 17 of Canada’s leading food, beverage and consumer product manufacturers, restaurants and retailers
•Represents over 66% of Blue Box tonnage supplied to consumers in Ontario in 2020
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Procurement Process During the Transition Period
(July 1, 2023 to December 31, 2025)
Circular Materials
Competitive Procurement
Common Collection
System RFPs
Post-Collection
Services RFPs
Receiving Facilities
(Transfer Stations)
Closes April 29, 2023
Collection
Services
Coming Q4 2023
Preconditioning
Facilities
Closes May 17, 2023
Beneficiate MRF for
Glass
Closed April 12, 2023
Plastic Sorting
Facility
TBD
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Transitioned Program: Non-Eligible Sources
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Transitioned Program -Non-Eligible Sources Embedded Along Collection Routes
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Transitioned Program: IC&I Non-Eligible Sources –Urban Areas
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Transitioned Program: Non-Eligible Sources –Rural Areas
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Transitioned Program: Non-Eligible Sources Service Options
Municipality Arranges & Provides Stand Alone
Service
(collection or drop-off)
Non-Eligible Source Secures
Stand Alone Service
(hires contractor)
•Municipality Covers Cost
•Municipality Charges Participating Non-Eligible
Sources (User-Pay)
•Non-Eligible Sources Pays Contractor Directly
Maintains service, less likely blue box materials
end up in landfill
Minimizes service disruption
Drop-off depots may be cost efficient alternative
Non-Eligible sources would procure contractor at
their expense
No municipal involvement
× Higher collection costs per stop due to loss of
economies of scale achieved through residential
program
× Additional processing and transportation contracts
required
× Program participation may decrease = increased
blue box material end up in landfill
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Transitioned Program –Level of Curbside Service Impacts
Residents will continue to receive curbside collection but may see level of service impacts such as:
•Collection day and frequency (e.g. once/week, bi-weekly, etc.), which may not occur on the same day as curbside garbage collection
•Blue Box material streams (e.g. single stream vs dual stream, separate stream for certain material types i.e. cardboard)
•Customer service inquires/support will not be a municipal responsibility and managed by PRO(s) through their procurement contracts with Producers
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Transitioned Program –Public Spaces & Convenience Depots Impacts
Public Spaces
•No obligation to use the same public space recycling sites currently used by municipalities
•Public space recycling sites will need to meet regulator requirements to be potentially eligible
Convenience Depots (Drop-off Depots)
•No obligation to maintain convenience depots (OCWMF Depot, Woodstock Enviro-Depot) but Producer / PROs may consider feasibility if materials are from eligible sources
•Plastic film and bulk Styrofoam packaging materials will be the responsibility of the Producer / PROs continuation ofdepots uncertain
Page 76 of 303
Programming Considerations
•Comprehensive communication plan with early targeted communication for ineligible sources
•Should County provide collection services to non-eligible sources (e.g. BIAs, Daycares, Municipal Facilities, etc.) and how will it be funded (e.g. user fees, tax levy)?
•Will non-funded convenience depots continue to operate?
•Who will report to RPRA when new developments are ready for collection by the Producers /PRO?
•How will municipal stranded assets be utilized?
•Municipal participation in collection services through formal bid submissions or sub-contract services to primary bidder?
Page 77 of 303
Next Steps
•Information delegations to all Area Municipalities
•Raise Area Municipality awareness of upcoming competitive procurement collection RFPs and other programming considerations (e.g. collection of non-eligible sources)
•Seek direction from County Council on whether the County is to partake in the competitive bid process for future Blue Box Collection Services
•Report to County Council Q2, 2023 –decision making approach going forward
Page 78 of 303
Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are
livestreamed and recorded.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
It is encouraged to supply sufficient information regarding your delegation for inclusion on the public
meeting agenda, including any requests for action on the subject matter. This allows members of Council to
have an understanding of the purpose of your delegation.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
Page 79 of 303
First Name *
Amy
Last Name *
Buchanan-St.Gelais
Street Address *Town/City *
Tillsonburg
Postal Code *Phone Number *
E-mail *Subject *
Pride crosswalk
Name of Group or Person(s) being
represented (if applicable)
Individual resident apart of 2SLGBTQIA
community
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
It is encouraged to supply sufficient information regarding your delegation for inclusion on the
public meeting agenda, including any requests for action on the subject matter. Details of the
purpose of the delegation: *
Long-term Tillsonburg resident wanting to speak in support of rainbow crosswalk being installed in
downtown Tillsonburg
Please indicate the preferred meeting date which you would like to appear as a delegation:
5/23/2023
Personal Information
Personal InformationPersonal Information
Personal Information
Page 80 of 303
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Will there be a Power Point presentation? *
Yes
No
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 81 of 303
Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 82 of 303
Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are
livestreamed and recorded.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
It is encouraged to supply sufficient information regarding your delegation for inclusion on the public
meeting agenda, including any requests for action on the subject matter. This allows members of Council to
have an understanding of the purpose of your delegation.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
Page 83 of 303
First Name *
Sorraya
Last Name *
Buchanan-St.Gelais
Street Address *Town/City *
Tillsonburg
Postal Code *Phone Number *
E-mail *Subject *
Pride Cross walk in Tillsonburg
Name of Group or Person(s) being
represented (if applicable)
Glendale SAGE Club
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
It is encouraged to supply sufficient information regarding your delegation for inclusion on the
public meeting agenda, including any requests for action on the subject matter. Details of the
purpose of the delegation: *
Speaking on behalf of Glendale SAGE (Sexuality And Gender Equality) Club in support of pride
crosswalk being installed in Tillsonburg
Please indicate the preferred meeting date which you would like to appear as a delegation:
5/23/2023
Personal Information
Personal InformationPersonal Information
Personal Information
Page 84 of 303
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Will there be a Power Point presentation? *
Yes
No
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 85 of 303
Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 86 of 303
Delegation Request Form
Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of
Council.
Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are
livestreamed and recorded.
Delegations take place near the beginning of the meeting and are allowed 15 minutes for their
presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow
for comments and questions from Council.
It is encouraged to supply sufficient information regarding your delegation for inclusion on the public
meeting agenda, including any requests for action on the subject matter. This allows members of Council to
have an understanding of the purpose of your delegation.
Any Information contained on this form will be made public through the publication of the agenda. Through
submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal
information within the public record. Applicants may request the removal of their personal contact
information when submitting this form. The request to remove personal contact information cannot be made
after agenda publication. Please note that all meetings occur in an open public forum and are regularly
recorded and televised.
Accessibility accommodations are available. Please make your request in advance.
Page 87 of 303
First Name *
Gerry
Last Name *
Dearing
Street Address *Town/City *
Tillsonburg
Postal Code *Phone Number *
E-mail *Subject *
Waiving Town fees for Tillsonburg District
Memorial Hospital Foundation Event Taste of
Summer
Name of Group or Person(s) being
represented (if applicable)
Tillsonburg District Memorial Hospital
Foundation
All Delegations are limited to fifteen (15)
minutes, including questions and answers. *
I acknowledge
It is encouraged to supply sufficient information regarding your delegation for inclusion on the
public meeting agenda, including any requests for action on the subject matter. Details of the
purpose of the delegation: *
As a not for profit organization, TDMH Foundation is requesting to have the fees waived from the Town
for rental of their property/space for our annual Taste of Summer Event being held in Memorial Park
June 3rd, 2023. These fees include rental of space, encroachment permit, building permit for a
temporary tent, SOCAN fees and more. We are asking for this as an in kind donation from the town of
Tillsonburg so we can continue our fundraising efforts as the TDMH Foundation for funding all capital
equipment for our local hospital, Tillsonburg District Memorial Hospital without incurring additional costs
to do so.
Please indicate the preferred meeting date which you would like to appear as a delegation:
5/23/2023
Personal Information
Personal InformationPersonal Information
Personal Information
Page 88 of 303
Do you or any members of your party require
accessibility accommodations? *
Yes
No
Will there be a Power Point presentation? *
Yes
No
I acknowledge that all presentation material
must be submitted to the Office of the Clerk by
4:30 p.m. the Wednesday before the Council
meeting date.
I accept
Page 89 of 303
Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you
have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext.
4041
Personal information on this form is collected under the legal authority of the Municipal Act, as amended.
The information is collected and mainted for the purpose of creating records that are available to the
general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy
Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200
Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040.
Page 90 of 303
Page 91 of 303
As a not for profit organization, TDMH Foundation is asking
for ALL Town fees be waived for our June 3rd, 2023 Event,
Taste of Summer.
This includes: Pavilion rental fee, Kinsmen Bandshell rental
fee, encroachment fee, building permit fee for temporary
tent, SOCAN fee and TDMH Volunteer Association 50/50
lottery fee (3%) (Approx. $400.00)
We ask that this be an in kind donation from the Town.
TDMH and TDMH Foundation:
One of Tillsonburg’s Largest Employers
TDMH Foundation funds ALL Capital Equipment for our local
hospital
TDMH services ALL of Tillsonburg and surrounding area
residents
Town of Tillsonburg promotes TDMH on their promotional
material as an asset for families, businesses and attracting
physicians and healthcare staff.
Page 92 of 303
Page 1 of 3
Subject: Recreation and Sports Advisory Committee Recommendation
Report Number: RCP 23-23
Department: Recreation, Culture and Parks Department
Submitted by: Andrea Greenway, Recreation Programs & Services Manager
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
RECOMMENDATION
A. THAT report RCP-23-23, Recreation and Sports Advisory Committee
Recommendation be received as information; and
B. THAT Council approve the recommendation of the Recreation and Sports
Advisory Committee as follows:
THAT the Recreation and Sports Advisory Committee recommend the Parks and
Recreation Master Plan investigate the need for additional soccer fields and
consider the presentation from Tillsonburg Football Club regarding additional
fields located at Gyulveszi Park; and
THAT Council recommends that Tillsonburg Football Club and Tillsonburg Minor
Soccer work together on a joint submission to Council on the need for additional
soccer fields in Tillsonburg.
BACKGROUND
The Recreation and Sports Advisory Committee received a delegation from Tillsonburg
FC on May 4, 2023. The following requests were made of the Town:
1. That the Town officially endorses the Tillsonburg FC Gyulveszi Park Soccer
Fields Revitalization Project and provides written permission for the proposed
work to go forward and remain for the longer term.
2. That the Town accepts donations from individuals and organizations for this
project and provides receipts for those donations that can be used for income tax
purposes.
Page 93 of 303
RCP 23-23
Page 2 of 3
3. That the Town of Tillsonburg provides funding to enlarge and formalize the
parking lot at the West end of the park and improving access into the parking lot
at the intersection of Bond Street and Wellington Street as part of that work.
DISCUSSION
Tillsonburg FC presented a business plan for the proposed Gyulveszi Park Soccer
Fields Revitalization Project. The committee discussed the requests that were noted in
the plan in order to make a recommendation to Council. The parking lot request was
removed from the discussion as there was consensus from members that the item does
not meet the committee mandate as per the Terms of Reference. In terms of the
requests for Town support for the proposed additional fields and the Town accepting
donations for the project, the committee did not support the request from Tillsonburg
FC. Committee members did not feel that the need for new soccer parks was clearly
identified and, given that the Parks and Recreation Master Plan is being developed in
2023, they recommend this discussion be deferred until the Master Plan is completed.
The committee also recommends that Tillsonburg FC and Tillsonburg Minor Soccer
present a joint submission on the need for additional soccer fields in Tillsonburg. This
would allow for a strategic picture of the needs across both organizations.
The committee considered the business plan presentation and related requests into and
presented the following two resolutions:
1. THAT the Recreation and Sports Advisory Committee receive the single option
that the Town of Tillsonburg allow Tillsonburg FC to develop Gyulveszi Park into
another soccer park.
Defeated
2. THAT the Recreation and Sports Advisory Committee recommend the Parks and
Recreation Master Plan investigate the need for additional soccer fields and
consider the presentation from TFC regarding additional fields located at
Gyulveszi Park;
AND THAT Tillsonburg FC work with Tillsonburg Minor Soccer to come forward
at a future date in a cohesive manner to present a joint need for additional soccer
fields.
Carried
CONSULTATION
Recreation and Sports Advisory Committee
Page 94 of 303
RCP 23-23
Page 3 of 3
FINANCIAL IMPACT/FUNDING SOURCE
No financial implications
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 – Engage community groups, including advisory committees and
service organizations, in shaping municipal initiatives.
Priority Project – N/A
ATTACHMENTS
Tillsonburg FC Business Plan
Page 95 of 303
TillsonburgFC
A BUSINESS PLAN
For the
GYULVESZI PARK SOCCER FIELDS
REVITALIZATION PROJECT
Presented to
The Town of Tillsonburg
March 2023
Page 96 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..2
EXECUTIVE SUMMARY
For many years soccer in Tillsonburg operated under a single corporate entity
encompassing both sanctioned competitive teams and non-sanctioned recreational
teams for all ages. Rule changes at the provincial level of soccer has made it
impossible for a single organization to continue in that manner. As a result, Tillsonburg
Football Club (TillsonburgFC) was established in 2017 and incorporated in 2020 to
maintain a local, sanctioned competitive soccer program in Tillsonburg.
TillsonburgFC is a member in good standing of governing bodies for competitive soccer
in Ontario – locally it is the Elgin Middlesex Soccer Association - along with Ontario
Soccer and Soccer Canada. TillsonburgFC’s 5-year strategic plan lays out a roadmap
towards doubling the number of youth players and teams in the Club by 2028, largely
due to a purposeful and focused plan to increase the development of female players,
coaches and match officials. As part of the requirements of participating in competitive
soccer, the Club must provide regulation size fields for each of the various age groups.
Soccer Canada has established an intermediate field size (60-75m x 42-55m) for U12
and U13 players. There are no good quality fields of this size in Tillsonburg that are
reliably available for the two teams TillsonburgFC will have in that age group in 2023,
and the Club intends to have three U12/U13 teams by 2026 and four by 2028.
Tillsonburg currently boasts one of the best soccer parks in Southwestern Ontario, with
three full fields, six mini fields, three micro fields and two non-standard size fields.
Tillsonburg also has three additional non-standard size unmaintained soccer fields at
Guylveszi Park. TillsonburgFC has prepared this business plan to demonstrate to the
Town of Tillsonburg that the Club has the capacity to meet the financial, organizational
and operational demands of a capital project to improve the conditions of the Gyulveszi
soccer fields in partnership with the Town. The primary objective is to provide two
competitive-quality intermediate size fields. A secondary objective is to accommodate
the projected growth of soccer in the region by improving the quality of the existing full-
size field at Gyulveszi and adding two mini-fields and other amenities to accommodate
overflow from Tillsonburg Soccer Park.
Page 97 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..3
MISSION & VISION
Mission Statement
TillsonburgFC is the community of Tillsonburg’s premier licensed competitive soccer
organization, embodying the spirit of “The Beautiful Game” through implementing the
Ontario Soccer Long-term Player Development Program and promoting both personal
and professional growth through soccer.
Vision
We aim for best-in-class soccer at the most affordable price for our members.
Values
• Providing a Fun/Enjoyable soccer related environment = #1 for all participants.
• Showing Respect to all club members and other soccer-related stakeholders.
• A connected soccer Community with unrivalled (competitive) soccer spirit.
• Equality/Equity for all and an Inclusive soccer-related environment
• High Quality soccer facilities/programming and developing excellent people.
• Practicing Sportsmanship and developing transferable (life/work) skills.
STRATEGIC OVERVIEW
When Tillsonburg Minor Soccer Club (TMSC) was first established almost a quarter of a
century ago, a single organization could operate with both sanctioned and unsanctioned
players, officials and directors. For many years competitive soccer players from
Tillsonburg met with great success under the banner of the Tillsonburg Titans – the
sanctioned, competitive part of TMSC. Ontario Soccer, the governing body of
competitive soccer in Ontario established and began enforcing updated club licensing
rules that prohibit that operating model. Either all players, officials and directors
involved with TMSC had to become sanctioned, or a separate entity had to be brought
into being. In 2017 the Titans component separated from TMSC and established itself
as Tillsonburg Football Club.
Operating for several seasons as an unincorporated community organization,
TillsonburgFC finally incorporated as a not-for-profit corporation in early 2020.
TillsonburgFC is committed to being a top-notch soccer club and has applied for a
Quality Soccer Provider Club License from Ontario Soccer. Among other things, to
succeed in obtaining this designation TillsonburgFC must commit to and deliver facilities
appropriate to the programs the Club provides. In 2022, the Club had no suitable field
available for the U12 Girls team in terms of dimensions and goal sizes at the Tillsonburg
Soccer Park. The situation will worsen in 2023 when both the (now) U13 girls and the
(now) U12 boys will need to use an intermediate size field. Further pressure will come
as the number of teams needing that size field grows to three in 2024 and four by 2026.
Please see Appendix A for a table showing player head count projections from 2022-
2028.
Page 98 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..4
To mitigate this shortfall in available fields with the proper configuration of size and net
dimensions, the Club proposes to work in close partnership with the Town of Tillsonburg
to reconfigure and upgrade the three existing poor quality soccer fields at Gyulveszi
Park into five safe and fully operational soccer fields. This initiative will in no way replace
or take away from the Tillsonburg Soccer Park’s pre-eminent role as the home of soccer
in Tillsonburg. It is intended to augment that facility and provide additional training and
match play field time to meet the growing demand.
PROJECT DESCRIPTION:
Gyulveszi Park Soccer Fields Revitalization Project
TillsonburgFC’s plan is for Gyulveszi Park to be purposefully upgraded to accommodate
Tillsonburg youth competitive soccer players from ages U8 to U16. The men’s and
women’s teams would continue to play and train at the Tillsonburg Soccer Park. As the
need for more intermediate soccer fields is urgent for the 2023 Season, TillsonburgFC
is proposing the following three phased approach to improve the fields at Gyulveszi
Park.
Phase 1 (Spring of 2023)
level land and bring soccer field turf and goals to competitive conditions (level,
smooth, free from hazards).
reseeding of the entire property
trim lower branches and/or remove trees on the north side of the property to
increase usable area of the park
cut down all trees on the east side of the park with the cooperation of the owner
of the neighboring property and tidy up the area to remove all drug paraphernalia
and garbage.
Page 99 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..5
NOTE: replacement trees will be established throughout the reconfigured park once
all the construction is completed.
Phase 2 (2024)
increase the size of the parking lot with the help from the Town of Tillsonburg
install field irrigation using town water or a sand point
trench utilities (sewer, water & electricity) from Peach St. to the north side of the
park
install 5-metre-high chain link fencing on the south side of intermediate field (+/-
80 metres) and the main soccer field (+/- 110m) to retain balls in the park
Phase 3 (2025)
build a structure on the north side of the park for shelter, dressing rooms, a small
canteen and equipment storage space
FUNDRAISING PLAN
TillsonburgFC will execute a capital fundraising program to cover the costs of all the
soccer-related improvements. The comprehensive fundraising program will pursue
grants, business sponsorships, service club support and donations from the community.
Grants
TillsonburgFC will apply to grant programs made available by the Province of Ontario,
the Government of Canada, the Ontario Trillium Foundation, and the Oxford Community
Foundation, the Cowan Foundation and as many other grant opportunities as can be
identified.
Business Sponsorships
TillsonburgFC has developed a business sponsorship program to secure financial
support from local companies and has already obtained significant commitments
towards the funds required for Phase 1 of the project. This program will require the
support to be recognized through permanent signage within the vicinity of the park. The
sponsorship program will also be an ongoing mechanism for securing funds towards the
ongoing maintenance of the fields.
Service Club Support
Service organizations have a long track record of being major benefactors of community
projects in Tillsonburg. TillsonburgFC is anticipating that they will step up again to
support youth sport and improving community facilities. Looking to Phases 2 and 3 of
the project, the Club will pursue multi-year commitments for support from each of the
local chapters of the Kinsmen, Lions, Masons, Optimist and Rotary Clubs.
Community Donations
The soccer community in Tillsonburg receives support from many individuals and
families in so many ways. TillsonburgFC has been able to get commitments from a
Page 100 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..6
number of individual contributors who are prepared to support this project in a
significant way. It is premature to identify those individuals as the project has not yet
been approved.
Town of Tillsonburg
TillsonburgFC is asking the Town of Tillsonburg for three important things to help
achieve success with the Gyulveszi Park Soccer Fields Revitalization Project. First, as
the Town is the owner of the property, for grant applications to be considered the Town
will need to officially endorse the project and provide written permission for the
proposed works to not only go forward but to be allowed to remain for the longer term.
Second, the Club is asking the Town to accept donations from individuals and
organizations for this project and to provide receipts for those donations that can be
used for income tax purposes. The Town has done this before for similar community-
based capital improvement projects including the Tillsonburg Soccer Park and most
recently for the J.L. Scott McLean Recreation Pad.
Third, the Club is asking the Town of Tillsonburg to enlarge and formalize the parking lot
at the West end of the park and to improve the access into the parking lot at the
intersection of Bond Street and Wellington Street as part of that work. The lot can be
expanded to both the East and South in a manner that won’t interfere with the existing
playground equipment.
OPERATIONS PLAN
The Town of Tillsonburg has historically maintained Gyulveszi Park as open park space
rather than as sportsfields. TillsonburgFC expects that, as with the grounds at
Tillsonburg Soccer Park, the Town will want and allow the Club to assume the property
maintenance of the fields and surrounding open space and thereby save the operational
expenses previously incurred for mowing the area.
TillsonburgFC expects that the Town would continue to hold responsibility and
accountability for the inspections, maintenance and life-cycle replacement of the
playground equipment within the Park.
Understanding that Gyulveszi Park is the neighbourhood green space for the residents
in the subdivision South and West of the park, TillsonburgFC commits to ensuring that
the Park is kept in good order and meets the expectations and standards of the Town.
Specifically, TillsonburgFC will hire property maintenance services to take care of the
field turf including regular mowing and lining as well as seasonal tasks like rolling,
aerating, overseeding and fertilizing. TillsonburgFC will also manage the garbage and
cover the cost of utilities if-and-when they are connected. TillsonburgFC will pay for
these costs through the regular operations of the Club using revenue from registrations
and sponsorships.
Page 101 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..7
Oversight of the property will be the responsibility of the TillsonburgFC Board of
Directors through a specific Director appointed to the role. Aside from accountability to
the Board for the day-to-day field conditions throughout the outdoor playing season, that
Director will also have formal responsibility to liaise and coordinate with the Town’s
Parks staff and provide updates annually to the Director of Recreation, Culture & Parks.
ORGANIZATIONAL TEAM
TillsonburgFC has a committed and focused Board of Directors that are determined to
see the Club grow and sustain itself for the long term. The full roster of Board Members
is available from the TillsonburgFC website at http:\\www.tillsonburgfc.ca. Specific to
this project, the key individuals are:
Mark Locker, President. For the last 15 years Mark has enjoyed being a part of the
competitive soccer program in Town as a Board member and as a coach for both,
Tillsonburg Minor Soccer Club and Tillsonburg FC teams. He has been a leader,
guiding us through all of the changes dictated by Ontario Soccer, to improve competitive
soccer in Canada. Mark is a collaborative leader who enjoys working with other local
soccer organizations. He ensures the Clubs is following its values, to help make soccer
better for next generation. He is also a businessman in Town that helps with fundraising
efforts
Michael Papaioannou, Vice President. Michael has been a key figure in soccer (and
many other sports) in Tilllsonburg for over fifty years. With the successful build-out of
the Tillsonburg Soccer Park from 2000-2010, Michael has proven his ability to plan and
secure financial support to ensure a project’s success. He was on the Board of
Directors that built the Tillsonburg Soccer Park as the fundraising chairman, with an
approximately cost of $1.5M. He has also proven his commitment to achieving a very
high standard in the work done – no cutting corners. Michael will find the money to get
the job done right.
Frank Deutsch, Treasurer. Frank has also been part of the competitive soccer
community in Tillsonburg for nearly 30 years. Franks vocation in the finance industry
has provided him with the skills to make sure all of the financial aspects of the project
are managed properly. Frank was the treasurer and part of the Board of Directors that
built the Tillsonburg Soccer Park on 2000.
John Twinem, Head Coach/Technical Director. John has coached multiple youth
soccer teams to regional and provincial success. He has successfully placed multiple
players he has coached on varsity teams in Ontario and the United States. John’s
expertise will be applied in making sure the upgraded fields will support safe and
technically appropriate play for each of the age groups they are designed for.
Page 102 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..8
Brett Harrington, Senior Men’s Director. As a player growing up in the Tillsonburg
competitive soccer community Brett achieved great results leveraging into a varsity
soccer role. Now, giving back to the community he brings his professional skills in
marketing and business to this project. His role will be to have oversight of the
marketing materials for the fundraising aspects of the project.
Rick Cox, Secretary. Rick’s role in this project will be to find grant opportunities and
then to prepare and submit the applications. He has proven success at securing capital
and program grant funding for projects of all sizes in Tillsonburg and other communities.
Page 103 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..9
PROJECT COSTS AND FUNDRAISING TARGETS
The cost of the project is anticipated to be $882,000 including a 10% contingency.
(NOTE: this does not include the cost for the parking lot improvements estimated at
$200,000-300,000). TillsonburgFC will fundraise to reach this target amount,
approaching each phase separately and proceeding only when the funds are in place to
accomplish that phase. This cost estimate has been prepared through consultation with
companies who are prepared to do the work for that price. It reflects pricing current in
late 2022. The fundraising target exceeds the projected cost by 5%.
Capital Costs
Contingency $ 80,000
Phase 1
Soccer Field Levelling $ 150,000
Seeding Soccer Fields $ 17,000
Fencing $ 30,000
Soccer Goal Posts $ 10,000
Accessibility Enhancements $ 10,000
Cut & Tree Trimming $ 6,000
$ 223,000
Phase 2
Field Irrigation $ 42,000
Fencing $ 70,000
Utilities – Water $ 15,000
Utilities – Sewage $ 27,000
Utilities – Hydro $ 30,000
$ 184,000
Phase 3
Storage/Washrooms/Shed $ 350,000
Accessibility Sidewalks $ 25,000
Water Well $ 20,000
$ 395,000
Total $ 882,000
Page 104 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..10
Fundraising Targets for Capital Costs
Grant support $ 280,000
Industry / Business’ $ 250,000
Community Donations (Town Tax Receipt) $ 130,000
Tillsonburg FC Contributions
Lottery revenue (750 x $100 Tickets) $ 50,000
Sponsorships $ 30,000
Accumulated operational surplus $ 20,000
3 fundraising events $ 18,000
Associate Memberships $ 10,000 $ 128,000
Service Clubs $ 135,000
Total $ 923,000
Page 105 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..11
SUMMARY
Soccer in Tillsonburg benefits from a wonderful facility and strong community support.
The popularity of the sport and the growth of the municipality has created challenges for
competitive players to find place to play. This business plan presents a solid roadmap
for the Town to secure improved sport facilities from a motivated community group.
TillsonburgFC is determined to develop a strong competitive soccer program based in
Tillsonburg with female and male youth teams at all ages from U8 through U16 and for
adults from 18 and up. In order to achieve that mission, additional and upgraded fields,
particularly of intermediate size are needed in Tillsonburg. TillsonburgFC is prepared to
successfully fundraise the $923,000 required to upgrade and reconfigure the existing
soccer fields at Gyulveszi Park to augment those available at the existing Tillsonburg
Soccer Park and is asking the Town of Tillsonburg to endorse and approve the project.
TillsonburgFC stands ready to answer any questions Council and staff may have about
the organization, about the plan, or about the project. The Club is ready to proceed as
soon as Council provides consent.
Page 106 of 303
TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..12
APPENDIX A
2022-2028 TillsonburgFC Player/Team Growth Projection
Players 2022 2023 2024 2025 2026 2027 2028 Field Size
U8 (co-ed) 10 10 10 20 20 Mini (55m x 35m)
U9G 10 10 10 10 10 Mini (55m x 35m)
U10G 12 12 12 12 Mini (55m x 35m)
U11G 12 12 12 Mini (55m x 35m)
U12G 16 16 16 Intermediate (80m x 45m)
U13G 18 18 Intermediate (80m x 45m)
U14G 18 Full size (110m x 65m)
U15G 15 18 Full size (110m x 65m)
U16G 18 18 18 Full size (110m x 65m)
U9B 10 10 10 10 10 10 10 Mini (55m x 35m)
U10B 12 12 12 12 12 12 Mini (55m x 35m)
U11B 14 12 12 12 12 12 Mini (55m x 35m)
U12B 16 16 16 16 16 Intermediate (80m x 45m)
U13B 18 18 18 18 Intermediate (80m x 45m)
U14B 15 18 18 18 Full size (110m x 65m)
U15B 16 18 18 18 Full size (110m x 65m)
U16B 18 18 Full size (110m x 65m)
Subtotal Youth 86 92 126 118 148 174 192
Men 50 50 50 50 50 50 50 Full size (110m x 65m)
Women 22 22 44 44 44 44 44 Full size (110m x 65m)
Masters 44 44 44 44 44 44 44 Full size (110m x 65m)
Subtotal Adult 94 116 138 138 138 138 138
Total 180 208 264 256 286 312 330
2022-2028 TillsonburgFC Player / Team Growth Projection
Page 107 of 303
Page 1 of 3
Subject: EDM 23-09 Cayuga Rail Line Request – Economic Development Advisory
Committee Recommendation
Report Number: EDM 23-09
Department: Economic Development Department
Submitted by: Laura Pickersgill, Executive Assistant and Cephas Panschow,
Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
RECOMMENDATION
A. THAT report EDM 23-09 Cayuga Rail Line Request – Economic Development
Advisory Committee Recommendation be received; and,
B. THAT Council approve the recommendation of the Economic Development
Advisory Committee as follows:
THAT, in response to the March 10, 2023 letter received from Mike and Sandy
Kloepfer, Town Council supports the potential discontinuation of the Cayuga Rail
Line East of Talbot Road to support Residential Growth in Courtland, subject to
the allocation of additional industrial lands adjacent to the Cayuga Rail Line West
of Talbot Road and within Norfolk County.
BACKGROUND
At the March 27, 2023, meeting of Tillsonburg Town Council, the following resolution
was passed:
“THAT Council refer the following motion to the Economic Development Advisory
Committee for recommendation to Council:
THAT Council receives the letter to council from Mike and Sandy Kloepfer dated
March 10, 2023, as information
AND THAT Council supports the decommissioning and sale of the CN Rail
Cayuga Line in Norfolk County from Fernlea Road to Talbot Road
AND THAT this resolution be forwarded to Norfolk County and SCOR.
Page 108 of 303
EDM 23-09
Page 2 of 3
DISCUSSION
Subsequent to this resolution, the Economic Development Advisory Committee
reviewed this issue.
There were some pros identified if maintaining status quo which included: maintaining
access to two additional industrial properties on approximately 30 acres of land,
maximum extent of rail line ensures maximum future opportunities and supports
sustainability of railway operations.
There were some cons identified if maintaining status quo which included: potential
impact to residential development opportunities, reduced housing availability, negative
impact to Courtland’s long term growth and tax base and additional track length means
ongoing maintenance and related costs.
The Committee reviewed three different options which included:
Option 1 - Maintain Status Quo - Ensures maximum viability of rail operations but
potentially at a cost to Norfolk/Courtland, Kloepfers, etc.
Option 2 - Support Discontinuation of Rail Line East of Talbot Street - Will
remove a minimum of 30 acres of industrial rail serviced lands from future
development but supports Kloepfer’s request and Courtland Residential Growth
Option 3 - Support Discontinuation of Rail Line but with Additional Lands along
Cayuga Line re-designated to Industrial By Norfolk County - Increases supply of
future rail-serviced industrial lands with reduced operating costs due to reduced
length of rail line while enabling Courtland Residential Growth
After reviewing these options the following resolution was passed:
“THAT, in response to the March 10, 2023 letter received from Mike and Sandy
Kloepfer, Town Council supports the potential discontinuation of the Cayuga Rail
Line East of Talbot Road to support Residential Growth in Courtland, subject to
the allocation of additional industrial lands adjacent to the Cayuga Rail Line West
of Talbot Road and within Norfolk County.”
CONSULTATION
Economic Development Advisory Committee
FINANCIAL IMPACT/FUNDING SOURCE
None
Page 109 of 303
EDM 23-09
Page 3 of 3
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 business 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 – N/A
ATTACHMENTS
Appendix A – Kloepfer’s Letter to Council- March 10, 2023
Page 110 of 303
Page 111 of 303
Page 112 of 303
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Meeting Minutes of April 5, 2023
May 3, 2023
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 1 -
Members in attendance:
John Scholten, Chair Township of Norwich
Michael Columbus, Vice-Chair Norfolk County
Shelley Ann Bentley Haldimand County
Dave Beres Town of Tillsonburg
Doug Brunton Norfolk County
Robert Chambers County of Brant
Tom Masschaele Norfolk County
Stewart Patterson Haldimand County
Chris Van Paassen Norfolk County
Rainey Weisler Municipality of Bayham/Township of Malahide
Peter Ypma Township of South-West Oxford
Regrets: none
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
Leigh-Anne Mauthe, Interim Manager of Watershed Services
Zachary Cox, Interim Marketing Coordinator
Dana McLachlan, Executive Assistant
1. Welcome and Call to Order
The Chair called the meeting to order at 6:30 p.m., Wednesday, April 5, 2023.
2. Additional Agenda Items
There were no additional agenda items.
3. Declaration of Conflicts of Interest
None were declared.
4. Hearing: LPRCA-178/22 (Vandepoele)
A-33/23
Moved by R. Weisler
Seconded by M. Columbus
THAT the LPRCA Board of Director’s does now sit as a Hearing Board.
Carried
Page 113 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 2 -
The roll was called to conduct the following Hearing under Section 28 of the
Conservation Authorities Act.
The Chair gave his opening remarks and reviewed the guidelines and process to be
followed for the hearing.
Leigh-Anne Mauthe introduced the applicant, Darlene Vandepoele, her agents, Len
Girard, and via zoom, Bram Van den Heuvel.
Ms. Mauthe proceeded to present the staff hearing report. An application was deemed
complete to construct a structure that includes a 900 ft2 boatwell, a 720 ft2 garage on
the lower level, exterior stairs leading to a second storey internal area that measures
1380 ft2. The structure also includes two second storey decks, 240 ft2 and 136 ft2 at the
rear and front of the second storey, respectively, that are accessible through the internal
area. The footprint of the structure is 1860 ft2. The lands are subject to flood related
hazards from Lake Erie and is fully regulated under O. Reg. 178/06.
Staff recommended refusal to grant a permit for this application for the following
reasons:
1. The construction of the proposed structure is contrary to Long Point Region
Conservation Authority shoreline policies for development in the Lake Erie flood
hazard area.
2. The control of flooding is affected by the development as the overall risk to
property damage is increased.
3. The control of flooding is affected by the development which substantially
increases the investment in a flood hazard area that does not have safe
access/egress for evacuation or emergency assistance.
4. The control of flooding is affected by the development as the second storey area
could be utilized as habitable space and would therefore put additional risk to life
and property for both the occupants and emergency personal and first
responders.
Ms. Vandepoele explained that the large building is required to house various items
from downsizing other properties and store outdoor furniture and equipment in the off-
season, and would not be used as habitable space. This was a condition for obtaining
the minor variance from Norfolk County.
StoneCrest Engineering worked with staff to ensure proper flood-proofing of the building
and Mr. Van den Huevel explained that the various definitions of usable floor space and
the combining of the residential accessory structure with the boathouse has led to an
inflated valuation of the usable floor space.
Page 114 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 3 -
Mr. Girard summed up with a review of the minor variance process with Norfolk County,
which was approved, and repeated that there is no intention of converting the storage
area to habitable space.
Staff and the proponent responded to questions from the Board.
There were no comments from other interested parties and no further questions.
A-34/23
Moved by P. Ypma
Seconded by R. Weisler
THAT the LPRCA Hearing Board does now enter into a closed session to discuss:
Litigation or potential litigation, including matters before administrative tribunals
(e.g. Local Planning Appeal Tribunal), affecting the Authority.
Carried
The LPRCA Hearing Board reconvened in open session at 7:50 p.m.
S. Patterson did not return to the meeting.
The Chair advised Darlene Vandepoele that the permit has been approved.
A-35/23
Moved by T. Masschaele
Seconded by R. Weisler
That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board.
Carried
5. Minutes of the Previous Meeting
a) Board of Directors Annual General Meeting of March 3, 2023
There were no questions or comments.
A-36/23
Moved by D. Brunton
Seconded by S. Bentley
Page 115 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 4 -
THAT the minutes of the LPRCA Annual General Meeting held March 3, 2023 be
adopted as circulated.
Carried
6. Business Arising
No business arising from the previous minutes.
7. Review of Committee Minutes
There were no Committee Minutes presented.
8. Correspondence
There was no correspondence presented for review.
9. Development Applications
a) Section 28 Regulations Approved Permits
Through the General Manager’s delegating authority, 20 applications were approved in
the past month. LPRCA-18/23, LPRCA-32/23, LPRCA-39/23, LPRCA-40/23, LPRCA-
41/23, LPRCA-42/23, LPRCA-43/23, LPRCA-44/23, LPRCA-45/23, LPRCA-46/23,
LPRCA-48/23, LPRCA-49/23, LPRCA-50/23, LPRCA-51/23, LPRCA-52/23, LPRCA-
53/23, LPRCA-55/23, LPRCA-56/23, LPRCA-57/23, and LPRCA-59/23.
All of the staff-approved applications met the requirements as set out in LPRCA’s
policies for the administration of Section 28 of the Conservation Authorities Act.
LPRCA-43/23 is located on Tisdale Side Road, not Tisdale Road Site Road as noted in
the report.
A-37-23
Moved by D. Brunton
Seconded by T. Masschaele
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved
Permits report, with amendment, dated April 5, 2023 as information.
Carried
Page 116 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 5 -
10. New Business
a) General Manager’s Report
The General Manager provided an overview of operations this past month.
Progress report #4 was submitted to the Minister of Environment Conservation and
Parks as required by the approved transition plan for LPRCA’s Inventory of Programs
under O. Reg. 687/21.
The Flood Forecasting and Warning Department issued a Flood warning April 3 and
terminated it on April 5, 2023.
Norfolk County was notified that they will be receiving a refund of $80,065 invoiced as
special levy prior to LPRCA receiving notice that the Deer Creek Dam concrete repair
project was approved for funding.
Hiring for the campgrounds is currently underway.
The Forestry Department will be receiving training on monitoring and trapping the
Hemlock Woolly Adelgid (HWA) as part of a pilot research program. The HWA can kill
hemlock trees and was recently discovered in Hamilton.
A-38/23
Moved by D. Beres
Seconded by S. Bentley
That the LPRCA Board of Directors receives the General Manager’s Report for March
2023 as information.
Carried
b) Ecological Surveys for Selected LPRCA Properties
LPRCA contracts a qualified ecologist to survey properties for species at risk and
species of concern on an annual basis. Staff sent requests for quotes to three
consultants, of which two responded that they were unable to provide a quote, and one
quote was received.
Nature Resource Solutions Inc. (NRSI) has completed the ecological surveys for
LPRCA for the past three years. Staff has again retained the services of NRSI to
complete the 2023 surveys at four LPRCA properties for a price of $24,300 plus HST.
Page 117 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 6 -
A-39/23
Moved by R. Weisler
Seconded by S. Bentley
THAT the LPRCA Board of Directors receives the report as information.
Carried
c) Tractor Tender
The 2023 approved capital budget included the replacement of a small tractor. Tender
packages were forwarded to nine vendors and four bids were received by the deadline.
All bids met or exceeded the requirements specified. Staff recommended the tender be
awarded to the lowest bidder.
A-40/23
Moved by S. Bentley
Seconded by M. Columbus
THAT the LPRCA Board of Directors accepts the tender submitted by Farm Power
Equipment for the purchase of one Diesel, Front Loader Tractor (2023 Mahindra 2638)
for $35,983.52 (excluding HST).
Carried
e) Septic Disposal Services Request for Proposal
A Request for Proposal (RFP) was issued for septic disposal services for the five
campgrounds and three proposals were received by the deadline. For cost efficiency,
staff recommended splitting the tender to the lowest bidder for each campground.
A-41/23
Moved by T. Masschaele
Seconded by C. Van Paassen
THAT the 2023 contract for septic services at Backus CA and Deer Creek CA be
awarded to Bayside Septic Services 2012 Inc.,
AND
THAT the 2023 contract for septic services at Haldimand CA, Norfolk CA and Waterford
North CA be awarded to Stealth Environmental Inc.
Carried
Page 118 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 7 -
e) Riverine Flood Hydrology Study RFP – Consulting Services
A new flood hydrology model is required to replace the current model that is now
obsolete and no longer maintainable. An application for funding was submitted to the
Flood Hazard Implementation and Mapping Program (FHIMP), and LPRCA was
successful in their request for funding receiving approval for 50% of the total costs to a
maximum of $120,000. The remaining 50% was included in the 2023 capital budget
from the capital levy reserve.
A Request for Proposal (RFP) was issued for a new hydrology model and nine
proposals were received by the deadline. Six of the proposals met the RFP
requirements and staff recommended the tender be awarded to Matrix Solutions Inc.
Matrix’s proposal aligned with the project requirements and their approach will allow
staff to use the model for multiple purposes, including enabling future hazard mapping,
flood forecasting and warning, and emergency management.
A-42/23
Moved by R. Weisler
Seconded by D. Brunton
THAT the LPRCA Board of Directors approve retaining Matrix Solutions Inc. for
engineering services to complete a hydrology model for the LPRCA watershed at a cost
of $92,506.00 exclusive of HST plus $1,624.00 per additional meeting, if required.
Carried
e) Ontario Wetland Evaluation System
Recent changes were made to the Ontario Wetland Evaluation System (OWES) through
Bill 23, the More Homes Built Faster Act , 2022, following public comment through the
Environmental Registry of Ontario. OWES is used to determine wetland significance.
Staff reviewed the following key changes and potential impacts on the wetlands.
1. Elimination of wetland complexing: potential to decrease significance of smaller
adjacent wetlands causing potential negative impacts.
2. Review and approval of the evaluation by the Ministry of Natural Resources and
Forestry is no longer required: potential of impacting a wetland’s significance
without a second party review; potential disagreements regarding the area being
designated as a wetland or not.
Page 119 of 303
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 8 -
A-43/23
Moved by P. Ypma
Seconded by C. Van Paassen
THAT the LPRCA Board of Directors receives the summary of changes to the Ontario
Wetland Evaluation System as information.
Carried
e) 2023 Watershed Report Card
As part of a collaborative effort with all 36 conservation authorities, various provincial
and federal agencies, led by Conservation Ontario, the Watershed Report Cards (WRC)
are a tool to report on the health of the watershed using standardized environmental
indicators. The first Watershed Report Cards were issued in 2013 and are updated
every five years.
A standardized grading system (A to F) is used for the environmental indicators in
LPRCA’s six sub-watersheds and were assigned based on standardized scientific data,
collected by staff, through established monitoring programs.
The third WRC was released by LPRCA in March of 2023 and can be found on the
LPRCA website.
A-44/23
Moved by R. Weisler
Seconded by T. Masschaele
THAT the LPRCA Board of Directors receives the Watershed Report Card report as
information.
Carried
Adjournment
The Chair adjourned the meeting at 8:30 p.m.
_______________________________ ________________________________
John Scholten Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
Page 120 of 303
Page 1 of 4
Subject:Updated Contract Regarding RFP 2022-001 Real Estate Services
Report Number: EDM 23-08
Department: Economic Development Department
Submitted by: Cephas Panschow, BA MAES Ec.D.
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
RECOMMENDATION
A. THAT report EDM 23-08 Updated Contract Regarding RFP 2022-001 Real
Estate Services be received as information; and,
B. THAT, considering the delay in entering into a contract with Avison Young, the
initial period be extended to December 31, 2024 with the option to be extended
by two 1 year periods, subject to the Town entering into listing agreements for
specific properties, both at the Town’s sole and absolute discretion; and,
C. THAT the Development Commissioner be authorized to execute the agreement
with Avison Young along with other agreements that may be required for specific
properties.
BACKGROUND
Council adopted the following resolution at the July 11, 2022 Council meeting:
THAT the RFP 2022-001 Real Estate Services contract be awarded to Avison
Young for a period until December 31, 2023 with the option to extend the
contract by two 1 year periods subject to the Town entering into listing
agreements for specific properties at the Town’s sole and absolute discretion.
A sample real estate services and commission contract was attached to the July 11,
2022 report; however, it was anticipated that additional information in terms of the
process and payments would be inserted into the sample contract and then it would be
completed. However, upon further review, it became apparent that the sample contract
was not suitable for the proposed relationship. Hence, staff have been working with our
own legal counsel as well as the Avison Young (AY) representatives and their legal
counsel to prepare a mutually beneficial agreement that protects the interests of both
parties. This has been a longer process due to the somewhat unique nature of the real
estate services being requested by the Town. A new agreement template has now
Page 121 of 303
EDM 22-08
Page 2 of 4
been prepared and the Development Commissioner is bringing it forward for Council
approval.
The main intent of listing real estate on the MLS service (realtor.ca) is to increase
exposure for industrial lands; however, the RFP does allow for additional engagement
of real estate broker services for either acquisitions or sales as desired by the Town.
With the first phase of the Van Norman Innovation Park being sold out, this includes
advice and potential listing of future phases of land in the Park.
DISCUSSION
The new Consulting and Real Estate Services Agreement contains a number of
significant improvements from the original sample contract with key changes
summarized as follows:
Change Comment
More comprehensive The sample contract was one page and
did not provide suitable clarity and
expectations regarding the relationship
between the Town and AY. The new
agreement includes a Statement of Work
as well as protection for the Town and AY
in terms of indemnification, insurance
coverage, termination, etc
Section 3 - Services Clearly lays out the services to be
utilized, process, reporting, etc
Section 5 – Disclosure of Information Confidentiality and (town) ownership of
information produced
Schedule B - Broker Opinion of Value
Agreement
To be entered into for each instance of an
Opinion of Value being requested by the
Town
Schedule C – Exclusive Right to Sell
Agreement
Template to be used should the Town
want to sell a property through an
exclusive arrangement. Adjustments
have been negotiated to the Town’s
benefit.
In addition to these changes, the Agreement also includes a provision (Clause 3.4) that
provides for Avison Young to be granted the exclusive right to sell any property where it
has provided other professional advice or services (i.e. a broker opinion of value
services or consulting and advisory services). While this could be a concern, Avison
Young has agreed that this only applies for properties worth in excess of Two Million
Page 122 of 303
EDM 22-08
Page 3 of 4
Dollars ($2,000,000). This is a fairly high threshold considering that there have been to
date, very limited Town transactions that have been valued this high. Certainly, with the
appreciation of real estate, it is possible that more properties will be above this
threshold in the future, but this provision will help ensure that staff are strategic in
retaining AY to provide other services that could inadvertently limit the Town’s options
when it chooses to sell certain properties.
The other issue that has taken some time to resolve is the issue of “negligence” versus
“gross negligence” specifically relating to potential liability for the Town and/or Avison
Young as outlined in Section 9 of the Agreement. The Town’s solicitor has
recommended that the word “gross” be eliminated in some situations due to the very
high threshold imposed by the use of this word and this has been reflected in the final
agreement as attached. To be clear, there are other instances where the word “gross”
is still used within the agreement, but, based on this being a contract for consulting
services, the risk is relatively low and the Development Commissioner is satisfied that
the Town’s interest are protected particularly considering the original sample contract
provided.
With respect to the proposed Term of the agreement, it was initially proposed that it
would run from July 2022 until December 31, 2023. However, based on the time it has
taken to create a new agreement, the Development Commissioner is recommending
that the first term extend to December 31, 2024 with the option to extend the contract by
two 1 year periods in the Town’s sole and absolute discretion.
In summary, Avison Young has provided some initial advice and input on a number of
real estate matters to the benefit of the Town and the Development Commissioner
believes that their advice will be key as the Town moves forward with a number of
priority real estate projects.
CONSULTATION
The new real estate services agreement has been developed in extensive consultation
with the Town’s solicitor and representatives from Avison Young as well as their legal
representative.
The original recommendation to consider listing Town owned properties, including key
industrial lands, came from the private sector and Economic Development Advisory
Committee.
Page 123 of 303
EDM 22-08
Page 4 of 4
FINANCIAL IMPACT/FUNDING SOURCE
The financial impact related to this report has not changed from what was proposed in
July 2022 and would consist of up to a 5% commission to the Real Estate Brokerage
upon the successful completion of a transaction. They would be paid $200/hour for
strategy consultation and $1,500 per Opinion of Value on an “as-needed” basis. The
consulting costs would be covered within the Economic Development & Marketing
budget (Consulting) and Opinion of Value costs would also be covered by revenues
obtained upon the sale of lands.
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 – N/A
Priority Project – Ongoing Projects - Marketing and build out of Van Norman
Innovation Park
ATTACHMENTS
Appendix A – Real Estate Consulting and Services Agreement
Page 124 of 303
REAL ESTATE CONSULTING AND SERVICES AGREEMENT
This Real Estate Consulting and Services Agreement (“Agreement”) is made on May 24, 2023
(“Effective Date”) between The Corporation of the Town of Tillsonburg, a municipal corporation
incorporated pursuant to the laws of the Province of Ontario (hereinafter referred to as “Client”), having
its principal office located at the Town of Tillsonburg, in the County of Oxford, and Avison Young
Commercial Real Estate Services, LP, Brokerage, a Real Estate Services provider (hereinafter referred to
as “Avison Young”), having an office located at 231 Shearson Cres, Suite 210, Cambridge, ON.
WHEREAS Client issued a request for proposal on January 17, 2022, as RFP 2022-001, for real
estate consulting services (the “RFP”);
AND WHEREAS, Avison Young submitted a response to the RFP on February 7, 2022 in compliance
with the Submission Requirements, which was approved by Council for The Corporation of the Town of
Tillsonburg on July 11, 2022;
AND WHEREAS, Client desires to engage Avison Young to perform the real estate consulting
services set forth in each Statement of Work (“SOW”) which will be documented by a service agreement
in the form attached hereto as Schedule “B” as may be issued under this Agreement, and to engage Avison
Young to represent Client in trading real estate from time to time, which will be documented in
accordance with Section 3.2 and Schedule “C” of this Agreement, as the case may require (collectively,
the “Services”); and,
AND WHEREAS, Avison Young is willing and able to perform the Services for Client on the terms
and subject to the conditions set forth in this Agreement,
NOW THEREFORE, and in consideration of the mutual promises and covenants herein contained,
and for other good and valuable consideration (the receipt and sufficiency of which are hereby
acknowledged), Client and Avison Young (collectively the “Parties” and individually a “Party”) agree, in
accordance with the terms and conditions and attachments to this agreement as follows:
1. APPOINTMENT
1.1 Client hereby agrees and appoints Avison Young as Client’s real estate services provider, as herein
set forth, to perform the Services.
2. TERM
2.1 The term of this Agreement (the “Term”) shall commence upon the Effective Date and shall expire
on December 31, 2024. The Term can be extended for two (2) additional one (1) year term by the
Client in its sole and absolute discretion. There is no representation or warranty by the Client that
it must, shall or will extend the Lease Term.
2.2 Client and Avison Young may at any time terminate this Agreement upon sixty (60) days prior
written notice to the other Party for cause or convenience without further liability for the
unperformed part of the SOW and all amounts owing up to and including the date of such
termination will be forthwith paid by the Client to Avison Young, with an equitable adjustment
based on the proportion of the performed part of the SOW at the time of any such termination;
or upon thirty (30) days prior written notice upon the bankruptcy, insolvency, dissolution or
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winding up of the other Party or if the other Party shall make an assignment for the benefit of its
creditors or if it files for creditor protection.
3. SERVICES
3.1 Avison Young shall perform the Services in a skillful, competent, and professional manner. An
SOW may be amended from time to time with the written agreement of both Parties. The Parties
may enter into a new SOW by mutual written agreement, and all SOWs issued hereunder shall be
governed by the terms of this Agreement.
3.2 If Avison Young is retained by Client to engage in a “trade” in “real estate” (as those terms are
defined in the Real Estate and Business Brokers Act, 2002) on behalf of Client, the authority to act
on behalf of Client shall be documented in writing by a seller representation agreement or a buyer
representation agreement (as the case may require). If Client chooses, in its sole and unfettered
discretion, that such trade shall involve listing on the Multiple Listing Service, then the parties
agree to use the standard form seller representation agreement posted by the Ontario Real Estate
Association (“OREA”) from time to time. In the event Client requires Avison Young to represent it
in a purchase of any property, then the parties agree to use the standard buyer representation
agreement as amended from time to time by OREA. If Client chooses, in its sole and unfettered
discretion, that such trade shall be an exclusive listing, then the parties agree to adopt Avison
Young’s template form attached hereto as Schedule “C”. Regardless of the form used, the parties
agree that any remuneration payable to Avison Young in respect of the trade shall be at the
applicable rate set out in Schedule “A”.
3.3 In the event Avison Young is retained by Client to engage in a broker opinion of value then such a
Service will be documented through the Avison Young’s template agreement as attached
herewith in Schedule “B”.
3.4 In the event Avison Young is retained by Client to engage in a broker opinion of value services, or
any consulting and advisory services related to a specific property or location for the purpose of
selling the property that is the subject of such consulting or advisory service, then Avison Young
shall be granted the exclusive right to sell such real property, only in the event that Client decides
to sell such property and the purchase price of the property is not less than Two Million Dollars
($2,000,000.00).
3.5 Avison Young will furnish, upon Client’s reasonable request, written reports of the Services
performed under this Agreement, including recommendations and supporting data and analysis.
3.6 If a SOW is not completely fulfilled prior to the expiry of the Term of this Agreement, then such
SOW, including the terms and conditions of this Agreement deemed incorporated into such SOW,
will survive the expiry of the Term. For greater certainty, no new SOW under this Agreement may
be entered into between the Parties hereto after the termination or expiry of the Term, unless
agreed to in writing by both Parties.
3.7 Avison Young represents and warrants to Client that Avison Young has all requisite licences,
permits, and other legal authority to carry on business in Ontario.
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4. FEES AND PAYMENT
4.1 Client shall pay to Avison Young for performance of the Services, the fees, payments, expenses
and other amounts as set forth in and determined in accordance with Schedule “A” and the
applicable SOW.
4.2 Expenses which are reimbursable (as described in Schedule “A” attached hereto) in connection
with the performance of the Services shall be noted in the SOW. Avison Young shall submit
itemized invoices for Services provided and approved reimbursable out-of-pocket expenses
incurred hereunder.
4.3 Client shall pay invoices, within thirty (30) days of receipt, except where noted otherwise in this
Agreement, the applicable SOW, or the invoice.
5. DISCLOSURE OF INFORMATION
5.1 Avison Young acknowledges that certain Client-valuable, confidential and proprietary information
may come into Avison Young’s possession. Accordingly, Avison Young agrees to hold all
information it receives from Client in strict confidence and not to use such information for other
than performance of the Services. The foregoing shall not apply to information that is generally
available to the public, made available to Avison Young from a third party, was in the possession
of Avison Young prior to receipt from Client, or is independently developed by Avison Young.
5.2 Any products, reports, analyses, or other deliverables developed by Avison Young under this
Agreement or an SOW shall immediately vest in Client at the time that the time they are made.
6. INSURANCE
6.1 Client, at its expense, will obtain and keep in force necessary insurance coverage for its business
operations. Client’s insurance policies shall be solely responsible for all matters related to client
premises and Avison Young shall not be deemed an insurer of any Client premises.
6.2 Avison Young, at its expense, will obtain and keep in force necessary insurance coverage for its
business operations, including:
(a) Worker’s Compensation – statutory limits;
(b) Employers’ Liability - $500,000;
(c) Commercial General Liability-$1,000,000 per occurrence and $2,000,000 aggregate;
(d) Umbrella/Excess - $2,000,000 per occurrence and $2,000,000 aggregate; and,
(e) Any policy of insurance required under the Real Estate Business and Brokers Act, 2002, or
any Regulation made thereunder in such amounts required thereunder.
7. NO THIRD-PARTY RIGHTS
7.1 This Agreement shall not create any rights or benefits to parties other than Avison Young and
Client and its respective affiliates. No third party shall have the right to rely on Avison Young
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4
opinions rendered in connection with the Services, and Client acknowledges and agrees that
Client shall be solely responsible for its provision of Avison Young opinions to third-parties.
8. STATUS OF PARTIES
8.1 The Parties agree that this Agreement creates an independent contractor relationship, not an
employment relationship. Avison Young acknowledges and agrees that the Client will not provide
Avison Young with any employee benefits. In addition, the Parties acknowledge that neither Party
has, or shall be deemed to have, the authority to bind the other Party.
9. INDEMNIFICATION & LIMITATION OF LIABILITY
9.1 Avison Young will indemnify and hold Client harmless from, and will defend Client and its servants,
agents, and successors against, any and actual third-party loss, liability, damage, claims, demands
or suits and related costs and expenses (each a “Claim”, collectively “Claims”) to the extent
attributable to the errors, omissions, negligent acts, and willful misconduct of Avison Young,
except to the extent such Claim is attributable to the gross negligence or willful misconduct of
Client.
9.2 Client will indemnify and hold Avison Young harmless from, and will defend Avison Young against,
any and all third-party Claims to the extent attributable to: (i) false information concerning the
Services knowingly supplied by Client; (ii) Client’s failure to provide Avison Young with material
information known to Client; and (iii) personal injury or property damage arising on or about any
Client property, and in each case, except to the extent such Claim is attributable to the gross
negligence or willful misconduct of Avison Young.
9.3 EXCEPT WITH RESPECT TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT
SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. EXCEPT
WITH RESPECT TO GROSS NEGLIGENCE, WILFULL MISCONDUCT, EACH PARTY’S TOTAL
CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR
TORT OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID OR PAYABLE
BY THE CLIENT TO AVISON YOUNG FOR SERVICES PERFORMED DURING THE PRIOR TWELVE (12)
MONTHS UNDER THIS AGREEMENT.
10. NOTICES
10.1 Any notice or communication by either Party to the other shall be in writing and shall be deemed
to have been duly given if delivered personally, or sent by facsimile transmission, electronic mail,
overnight mail, or prepaid registered mail, addressed to the other Party at the appropriate
address set forth below, or at such other address as such Party hereto may hereafter specify in
writing to the other Party. Notice shall be effective when received by the addressee, except for
facsimile and electronic mail transmissions, which shall be effective upon confirmed transmission.
To Client:
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
Attention: Town Clerk
E-Mail: clerks@tillsonburg.ca
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5
With a copy to:
Duncan, Linton LLP
45 Erb Street East
Waterloo, ON N2J 1L7
Attention: Adrian L. Rosu
To Avison Young:
Avison Young Commercial Real Estate Services, LP
77 City Centre Dr #301,
Mississauga, ON L5B 1M5
Attention: Managing Director
E-Mail: ted.davis@avisonyoung.com
With a copy to:
Avison Young
18 York St #400,
Toronto, ON M5J 2T8
Attention: Legal Counsel
11. GENERAL
11.1 This Agreement constitutes the entire agreement between the Parties, and supersedes any prior
or contemporaneous oral or written representations. No agent, employee, or representative of
either Party has any authority to bind such Party to any affirmation, representation or warranty;
and unless such is specifically included within this written Agreement, it shall not be enforceable
by the other Party hereto. No waiver, alteration, or modification of any of the provisions hereof
shall be of any effect unless made in writing and signed by a duly authorized representative of the
Parties hereto.
11.2 This Agreement will be governed by and construed in accordance with the laws of the Province of
Ontario. The Parties hereby consent to the jurisdiction of the courts of the Province of Ontario
for the purpose of any action or proceeding brought by either of them in connection with this
Agreement.
11.3 In the event either party institutes legal action to enforce its rights under this Agreement, the
prevailing party will be entitled to recover its reasonable solicitors’/attorneys’ fees and other
costs so incurred from the non-prevailing party.
11.4 Neither Party hereto may assign this Agreement nor any of its rights or obligations hereunder
without the prior written consent of the other which consent may not be unreasonably withheld.
Subject to the above, this Agreement shall be binding upon the successors and assigns of the
Parties hereto.
11.5 If any provision or term of this Agreement, is held to be invalid, illegal or unenforceable for any
reason whatsoever, it shall be modified rather than varied, if possible, to give effect of the
interests of the Parties to the extent possible, and if not modifiable, it shall be severed. In any
event, of the remainder of this Agreement will not be affected and shall be deemed valid and
enforceable to the extent that such result is equitable.
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11.6 Those provisions that by their nature are intended to survive termination or expiration of this
Agreement shall so survive.
11.7 This Agreement may be executed in counterparts, each of which constitutes an original
instrument and all of which constitute one and the same instrument. The Parties may exchange
facsimile or electronic counterpart signature pages of this Agreement, and such facsimile or
electronic counterparts shall be considered an original counterpart.
11.8 The failure of either Party to enforce at any time or for any period of time the provisions hereof
shall not be construed to be a waiver of such provision or of the right of such Party thereafter to
enforce each and every provision.
11.9 The Parties acknowledge and agree that the recitals constitute part of this Agreement and are
true in substance and fact.
11.10 The following Schedules are attached to and are hereby deemed to be incorporated into this
Agreement by reference as though set forth in full:
Schedule “A”: Services and Fees
Schedule “B”: Broker Opinion of Value Agreement Template
Schedule “C”: Exclusive Right to Sell Agreement
In witness whereof, the Parties have executed this Agreement on the day and year first above written.
CLIENT: AVISON YOUNG COMMERCIAL REAL ESTATE SERVICES LP:
The Corporation of the Town of Tillsonburg
Avison Young ____________________
By: ________________________________
By: ________________________________
Name: ________________________________
Name: ________________________________
Its: ________________________________ Its: Managing Director
Date: ________________________________
Date: ________________________________
By: ________________________________
I have authority to bind the limited partnership.
Name: ________________________________
Its: ________________________________
Date: ________________________________
We have the authority to bind The Corporation of the
Town of Tillsonburg.
Ted L Davis
May 18, 2023
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SCHEDULE “A”
SERVICES AND FEES
A. SERVICES
Avison Young has been selected by The Corporation of the Town of Tillsonburg to provide Real Estate
Services, which include the following:
• Acquisitions and dispositions of real property
• Broker Opinions of Value for required properties
• Consulting and Advisory Services
B. COMPENSATION & PRICING
Avison Young shall be compensated as follows in accordance with their proposal submitted to the Town
subject to entering into a listing agreement and seller representation agreement or a buyer representation
agreement (as the case may require).
1. Sale of Property, based on successful transaction including a co-operating Brokerage
a. Listing Brokerage Fees (Avison Young) – 2.5%
b. Co-operating Brokerage Fees – 2.5%
c. Total Fees – 5% of final sale price
2. Sale of Property, based on a successful transaction with no co-operating Brokerage involved
a. Total Fees to be paid to Avison Young – 4% of final sale price
3. Acquisitions (Buyer Representation) – Acquisitions by the Town that is not covered by the
Seller – 2.5%
4. Broker Opinion of Value - $1,500 per Report
5. Consulting and Advisory Services - $200 per hour
Reimbursable Expenses. Reimbursable expenses will be billed at actual cost, and will include the
following expenses: overnight delivery, local and out-of-town travel, lodging, parking, and meals.
Avison Young shall prepare a proposed reimbursable expense summary specific to project request,
geographic location, project duration, and proposed staffing for review and approval prior to
commencing any services in support of the request.
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SCHEDULE “B”
BROKER OPINION OF VALUE AGREEMENT TEMPLATE
[Date]
[Recipient Name]
[Street Address]
[City, ST ZIP Code]
Re: Broker Opinion of Value Agreement – [PROPERTY ADDRESS OR CLIENT NAME]
Dear [Recipient Name]:
Thank you for the opportunity for [AY ENTITY] (“Avison Young”) to provide broker opinion of value services
regarding the property located at [ADDRESS] (the “Property”). Please allow this letter to serve as the
agreement (the “Agreement”) between ____________ (“Client”) and Avison Young for Broker Opinion of
Value (“BOV”) services for the Property. The BOV will be used for internal decision-making purposes for
_____________.
Within ten (10) days of acceptance of this Agreement, Client shall deliver to Avison Young the following
information (the “Initial Diligence”), plus any other reasonable information necessary to conduct the BOV:
[initial diligence list]
Thereafter, Avison Young shall commence its work to provide the BOV. The scope of work shall include
researching the market for applicable trends, market transactions and comparable properties. Avison Young
will also provide the following:
Assessment/marketability of the underlying properties including desktop valuation/BPO and market
comparable property sales.
Assessment of monetization plan and development approach
Recommendations to maximize asset pricing in short, intermediate (6 months), long term (>1 year)
and to limit risks.
Within ____ days after delivery of the Initial Diligence, Avison Young shall produce written draft reports for
Client. Avison Young and Client shall review and address any questions or concerns prior to issuance of a
final BOV.
The cost of the BOV shall be $__________ which shall be due upon delivery of the draft report to Client. The
foregoing fee is inclusive of customary fees and expenses. Should extraordinary items become necessary or
requested, Avison Young and Client shall meet to discuss the cost of such amendments.
The BOV intended user is the Client, its investors and affiliated entities, excluding all other entities or
persons. The BOV consists market analysis, not an appraisal of true market value and was prepared by a
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Exclusive Right to Sell Page 3
licensed real estate broker or associate broker, not a licensed appraiser. Client acknowledges that in making
any decisions that rely upon this BOV, the guidelines for development of an appraisal or analysis contained in
the Uniform Standards of Professional Appraisal Practice shall not been incorporated. Further, Client agrees
that in entering into this Agreement that it will not have any right or remedy rising out of any reliance,
representation, warranty or other statement not expressly set out in this Agreement or other statements
whatsoever, whether written or oral from or by Avison Young or any person acting on its behalf other than
those expressly set out in this Agreement (or other related documents referred to herein).
The BOV to be produced in accordance with this Agreement shall be based upon information obtained from
Client and/or others and is for Client’s use. Avison Young will not verify the information and makes no
guarantee, warranty or representation about it of the conclusions therefrom. In entering into this
Agreement, Client acknowledges that a BOV represents an estimated transaction price for a property and is
not the same as the opinion of value in an appraisal developed by a licensed appraiser under the uniform
standards of professional appraisal practice. The BOV produced in accordance with this Agreement is not an
appraisal of the market value of the property, and may not be used in lieu of an appraisal. If an appraisal is
desired, the services of a licensed or certified appraiser shall be obtained. The BOV produced in accordance
with this Agreement may not be used by any party as the primary basis to determine the value of a parcel of
or interest in real property for a mortgage loan origination, including first and second mortgages, refinances,
or equity lines of credit. Avison Young expressly disclaims any representation or warranty to the other party
of any kind, express or implied, including, without limitation, any warranty of title, merchantability or fitness
for a particular purpose.
Avison Young agrees, for itself and all persons retained or employed by Avison Young in performing the BOV,
to hold in confidence and not to use or disclose to others any confidential or proprietary information of Client
heretofore or hereafter disclosed to Avison Young, which may become known to Avison Young in the
performance of, or as a result of, its services.
If the foregoing accurately sets forth this Agreement, kindly sign and return the enclosed copies of this letter.
Sincerely,
[name]
[title]
[entity]
[SIGNATURE PAGE TO FOLLOW]
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Acknowledged by:
THE CORPORATION OF THE TOWN OF TILLSONBURG
By: _______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
We have authority to bind The Corporation of the Town of Tillsonburg.
AVISON YOUNG COMMERCIAL REAL ESTATE SERVICES LP
By: _______________________________
Name: ____________________________
Title: Managing Director
Date: _____________________________
I have authority to bind the limited partnership.
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Exclusive Right to Sell Page 5
SCHEDULE “C”
EXCLUSIVE RIGHT TO SELL AGREEMENT
The Corporation of the Town of Tillsonburg (“Owner”) appoints Avison Young Commercial Real Estate Services, LP
(“Avison Young") as its sole agent and grants to Avison Young the exclusive right to sell the real property described
below.
1. PROPERTY: Located at _____________________ in the Town of Tillsonburg, County of Oxford, Province of
Ontario, as more particularly described in the attached Exhibit “A” and by reference incorporated into this
Agreement, including all buildings and any improvements and all fixtures and appurtenances (collectively the
“Property”).
2. TERM: The term of this Agreement begins on ______ and will end at midnight on ___________ (“Term”).
If during the Term an option or right of first refusal to purchase the Property or any interest in it is granted
or negotiations involving the sale, transfer, conveyance, or lease of the Property have commenced and are
continuing, then the Term of this Agreement will be automatically extended each day the Property is off
the market during the Term, not to exceed 180 days. The Property will be considered off the market for any
time period after a purchase and sale agreement, letter of intent, or other agreement is executed by Owner
and a buyer or tenant before the transaction is completed by such agreement is terminated by the parties
to such an agreement. In addition, if during the Term negotiations concerning a potential sale of the
Property are commenced and those negotiations are continuing on the expiration of the Term, the Term
will automatically extend with respect to that potential transaction for a period of time through the
expiration of those negotiations or the consummation of the transaction.
3. SERVICES: Avison Young will enlist the best efforts of its firm to secure a satisfactory purchaser for the
Property at an asking price of $_________ or on such other price and terms as may be acceptable to Owner,
in its sole discretion. If Avison Young deems it to be in Owner’s best interest, Avison Young will solicit the
cooperation of other licensed real estate brokers. Avison Young will negotiate the terms of any sale on
behalf of Owner and in Owner’s interest.
4. AGENCY RELATIONSHIP DISCLOSURE: Unless modified in writing and signed by both Owner and Avison Young, by entering into this agreement an exclusive agency relationship exists between Owner as principal
and Avison Young as agent. Avison Young reserves the right to substitute other qualified representatives as
designated agent(s) upon written notice to Owner.
5. OWNER REFERRALS: Owner will refer to Avison Young all inquiries and offers received by Owner regarding
the Property, and all negotiations will be conducted solely by Avison Young or under Avison Young’s
direction, subject to Owner’s review and final approval.
6. ADVERTISING: Owner authorizes Avison Young to advertise and to place signage on the Property. Avison
Young, at its expense will provide its standard signage. Any additional advertising and promotion will be
done at Owner’s expense pursuant to a program and budget agreed upon by Owner; and all advertising will
identify Avison Young as the exclusive agent of the Property. Owner consents to the collection, use, and
disclosure of information concerning and photographs of the Property by Avison Young for the purpose of
listing and marketing the Property. Owner represents that all advertising materials (including all photographs,
renderings, images or other creative items) supplied to Avison Young are owned by Owner except as disclosed in writing to Avison Young. Owner is authorized to and grants to Avison Young a nonexclusive, irrevocable,
royalty-free license to use such material for marketing purposes.
7. COMMISSION: If during the Term, Owner sells all or any interest in the Property through any means, Owner
will pay to Avison Young a commission computed in accordance with the attached Commission Schedule.
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The Owner hereby irrevocably directs its lawyers to pay all commission payable pursuant to this Agreement
to Avison Young from the proceeds of the sale upon registration of the deed or other instrument of
conveyance. In the event of a contract or agreement of sale, joint venture agreement, business opportunity,
or other transaction not involving the delivery of a deed, commission will be paid upon the mutual execution
of the agreement evidencing the transaction.
Owner agrees that a commission is owed to Avison Young and agrees to pay Avison Young a commission if
during the Term or any extension of it, (i) the Property or any interest in it, or portion of it, is sold,
transferred or conveyed by or through the efforts of Avison Young, Owner, or any other third party; (ii) a
purchaser is procured by or through Avison Young, Owner or any other third party who is ready, willing,
and able to purchase the Property on the terms stated above or other terms acceptable to Owner; of (iii)
any contract for sale, transfer or conveyance of the Property or any interest in the Property, including
without limitation, the granting of an option or right of first refusal, is made directly or indirectly by Owner;
or if this Agreement is terminated by Owner or the Property is withdrawn from sale without the written
consent of Avison Young or the Property is made unmarketable by Owner’s voluntary act.
Within 30 days after the end of the Term, Avison Young will provide to Owner a written list of prospective
purchasers (the “List”) to whom the Property was submitted (whether by Avison Young, Owner, or any
other third party) during the Term. If, during the Term or within 120 days of expiration or termination of
the Term, a prospective purchaser, or any subsidiary, parent, affiliate, or other related party (collectively
“Prospect”) appearing on the List either (i) enters into a purchase contract or option to purchase the
Property or (ii) negotiations to purchase the Property either continue, commence, or resume within 180
days after the end of the Term, and the transaction closes, Avison Young has earned and Owner will pay a
commission to Avison Young as provided above as if such transaction had closed during the Term.
For purposes of this Agreement, the terms “sale,” “sell,” or “sold” refers to and includes any sale, transfer,
or other disposition of the Property, or any interest in the Property, including by way of example but not of limitation, any sale, exchange, taking by eminent domain, transfer to a governmental body in lieu of
condemnation, joint venture, or transfer of a direct or beneficial interest in a joint venture, partnership,
trust, corporation, or other entity holding title to or controlling the Property.
8. OUTSIDE BROKERS: “Outside Broker” means any licensee other than Owner’s designated agent(s)
representing a purchaser in a transaction for which a commission is payable under this Agreement. If Avison
Young recognizes an Outside Broker, Avison Young will request that the Outside Broker agree to accept, as
its compensation, 50% of the commission computed and payable in accordance with the attached
Commission Schedule attached, and if the Outside Broker so agrees, Owner will pay Avison Young the
commission computed and payable in accordance with the Commission Schedule from which Avison Young
will pay such Outside Broker its agreed upon commission and retain the balance as Avison Young’s
compensation. If the Outside Broker does not so agree, then negotiations will be suspended until such
agreement is obtained or until Owner, Avison Young, and such Outside Broker agree on commission rate or
amount. Avison Young will not be liable for any failure to obtain such agreement.
9. ALTERNATIVE TRANSACTION: If, during the term of this Agreement, a proposed sale for the Property
evolves into any other transaction, including but not limited to, an exchange, option, right of first refusal,
ground lease, lease, or build-to-suit transaction, then Avison Young will be deemed, without any further
acts by Owner or Avison Young or an amendment to the Agreement, Owner’s sole and exclusive agent for
such transaction and will be entitled to a commission on such transaction under the terms of this
Agreement. The term “Owner” means “seller” or “landlord.”
10. PROPERTY INFORMATION: Owner represents that it has no knowledge of toxic, contaminated, or
hazardous substances, or defective conditions, in, on, or about the Property except as Owner has informed
Avison Young in writing. Owner authorizes Avison Young to transmit any such information to all Prospects.
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11. OTHER CLIENTS: Owner acknowledges that Avison Young may represent the Owner and Prospects; and
Owner consents to dual representation even when such representation could create dual agency with
respect to a sale of the Property.
12. FAILURE TO PAY: If Owner fails to make any payments in accordance with this Agreement, Owner agrees
that Avison Young will be entitled to recover all of its reasonable attorneys’ fees and other costs so incurred,
including without limitation a collection agency or by instigating a legal action, up through and including
any appeal. Any portion of a commission not paid to Avison Young when due will bear interest from the
due date until paid at the interest rate of 18 percent per annum or the maximum non-usurious rate
allowable by law.
13. AUTHORITY: Except as disclosed in any addendum to this agreement signed by both the Owner and Avison
Young, Owner warrants and represents to Avison Young that: (a) Owner is the registered owner of the
Property or has the legal authority to execute this Agreement on behalf of such owner; (b) no person or
entity has the right to purchase or lease the Property or to acquire an interest in the Property by virtue of
option or right of first refusal or right of first offer; (c) there are no delinquencies or defaults under any
deed of trust, mortgage, or other encumbrance on the Property; (d) the Property is not subject to the
jurisdiction of any court in any bankruptcy, insolvency, conservatorship, probate proceeding, or mortgage
foreclosure; and (e) neither Avison Young nor any salesperson affiliated with Avison Young has made any
promise or representation to or agreement with Owner that is not contained in this Agreement that in any
manner affect Owner’s or Avison Young’s rights and obligations under this Agreement.
14. PROFESSIONAL ADVICE: Owner agrees that in determining the financial soundness of any Prospect, Owner
will rely solely upon Owner’s own investigation and evaluation, notwithstanding Avison Young’s assistance
in gathering any financial information relating to such Prospect. Avison Young recommends that Owner
obtain legal, tax or other professional advice relating to this Agreement, any proposed transaction and the
condition of the Property, including, but not limited to, the Property’s improvements, equipment, soil,
tenancies, title, environmental aspects and compliance with the Accessibility for Ontarians with Disabilities
Act, 2005. Avison Young shall have no obligation to investigate any such matter unless expressly otherwise
agreed to in writing by Owner and Avison Young.
15. NON-DISCRIMINATION: It is understood that it is illegal for either Owner or Avison Young to refuse to
present, sell, or lease real property to any person because of race, color, religion, national origin, sex,
marital status, age, physical or mental disability, ancestry, familial status or any other protected class.
16. INDEMNIFICATION: Owner shall indemnify, defend and hold Avison Young, its parent companies, affiliates,
subsidiaries, and each of their respective officers, directors, members, managers, employees and
brokers/agents harmless from and against any and all third-party actions, claims, damages, disputes,
litigation, loss, judgments, liabilities, expenses, fines, contributions, charges, injuries, demands, and costs
together with reasonable attorneys’ fees, arising out of or relating to: (i) damage or injury to person or
property resulting from or occurring on or about the Property; (ii) false information concerning the Property
supplied by Owner; and (iii) Owner’s failure to provide Avison Young with material information, including
material Property defects.
17. LIMITATION ON LIABILITY: Except with respect to gross negligence, willful misconduct, or fraud, at no time
will the total liability of Avison Young for any breach or any violation of this Agreement, or for any error or
omission in the performance of the Services provided for herein, exceed the actual amount of commission
paid or $1,000,000. In no event shall either party to this Agreement be liable to the other or to any other
party for any punitive, exemplary, special, indirect, incidental or consequential damages (including but not
limited to lost profits or lost business opportunities) arising out of or relating to this Agreement, regardless
of the legal theory under which such damages are sought, and even if the party has been advised of the
possibility of such damages or loss.
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Exclusive Right to Sell Page 8
18. EVENT OF BANKRUPTCY: In the event that the Property comes under the jurisdiction of a bankruptcy court,
Owner will immediately notify Avison Young of the same, and will promptly take all steps necessary to
obtain court approval of Avison Young’s appointment, unless Avison Young elects to terminate this
Agreement upon giving notice. In the event that the Property becomes the subject of foreclosure
proceeding before the expiration of this Agreement, then this Agreement will be deemed suspended until
such time as Owner may reacquire the Property within the Term. If this Agreement is suspended pursuant
to this paragraph, Avison Young will be free to enter into a listing agreement with any receiver, the party
initiating the foreclosure, the party purchasing the Property at a foreclosure sale, or any other person
having an interest in the Property.
19. SURVIVAL: This Agreement is binding upon the Parties and their respective successors and assigns. The
terms “Owner,” “Purchaser,” “Tenant,” and “Prospect” include their affiliates, subsidiaries, successors,
assigns, and nominees.
20. PUBLICITY: Owner consents to Avison Young’s publicizing its role in any transaction entered into, subject
to Owner’s reasonable editorial approval of such publicity.
21. COUNTERPARTS: This Agreement may be executed in counterparts, each of which constitutes an original
instrument and all of which constitute one and the same instrument. The parties may exchange facsimile or
electronic counterpart signature pages of this Agreement, and such facsimile or electronic counterparts shall
be considered an original counterpart.
22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Owner and Avison Young
and supersedes all prior discussions. NO AMENDMENTS TO OR MODIFICATION OF THIS AGREEMENT NOR
THE TERMINATION OF THIS AGREEMENT WILL BE VALID, BINDING, AND EFFECTIVE UNLESS MADE IN
WRITING AND IN THE CASE OF AN AMENDMENT OR MODIFICATION, SIGNED BY BOTH OWNER AND AVISON
YOUNG. Owner acknowledges receipt of a copy of this Agreement and the attached Commission Schedule.
THE COMMISSION AND DURATION OF THE LISTING PERIOD HAVE BEEN DETERMINED AS A RESULT OF
NEGOTIATION BETWEEN AVISON YOUNG AND OWNER.
23. REPRESENTATION AND WARRANTY REGARDING TERRORISM: Each party warrants and represents to the
other party, that each party, and all persons and entities owning (directly or indirectly) an ownership
interest in each party: (a) is not, and will not become, a person or entity with whom such party is restricted
from doing business under the regulations of the made under the Special Economic Measures Act and the
Justice for Victims of Corrupt Foreign Officials Act which also regulates The Consolidated Canadian
Autonomous Sanctions List , or other governmental action; and (b) is not knowingly engaged in, and shall
not knowingly engage in, any dealings or transaction or be otherwise associated with such persons or
entities described in provision (a) above.
24. GOVERNING LAW: This Agreement is executed and intended to be performed in the Province of Ontario, and
the laws of Ontario shall govern its interpretation and effect. The parties agree that the Province of Ontario,
and the city in which the Property is located, is the appropriate judicial forum for any litigation or other
proceeding related to this Agreement.
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Exclusive Right to Sell Page 9
25. PARTIAL INVALIDITY: In the event that any provision of this Agreement shall be held to be invalid or
unenforceable, such ruling shall not affect the validity or enforceability of the remainder of the Agreement in
any respect whatsoever.
By signing below, Owner acknowledges that it has received, read and understands all pages of this Agreement and
the attached Commissions Schedule.
OWNER: BROKER:
The Corporation of the Town of Tillsonburg
Avison Young Commercial Real Estate Services, LP
________________________________
________________________________
By: ________________________________
By: ________________________________
Name: ________________________________
Name: ________________________________
Its: ________________________________ Its: Managing Director
Date: ________________________________
Date: ________________________________
By: ________________________________
I have authority to bind the limited partnership.
Name: ________________________________
Its: ________________________________
Date: ________________________________
We have authority to bind The Corporation of the
Town of Tillsonburg.
Page 139 of 303
Exclusive Right to Sell – Commissions Schedule Page 10
COMMISSIONS SCHEDULE
1. SALE COMMISSION RATES: Avison Young will be paid commissions on sale transactions calculated by (a)
multiplying each applicable portion of the Gross Sales Price by the following sale commission rates and (b)
adding the products together:
• Sale of Property, based on successful transaction including a co-operating Brokerage
a. Listing Brokerage Fees (Avison Young) – 2.5%
b. Co-operating Brokerage Fees – 2.5%
c. Total Fees – 5% of final sale price
• Sale of Property, based on a successful transaction with no co-operating Brokerage
involved
a. Total Fees to be paid to Avison Young – 4% of final sale price
• Acquisitions (Buyer Representation) – Acquisitions by the Town that is not covered by
the Seller – 2.5%
2. GROSS SALE PRICE: The commission shall be computed in accordance with the above rates based upon the
gross sale price, which shall include any mortgages, loans or other obligations of Owner which may be assumed
by Purchaser or which Purchaser takes title "subject to," and any purchase money loans or mortgages taken
back by Owner.
3. PURCHASE OPTION: If Owner grants a purchase option, Avison Young will be paid a commission at the above
rate on the option price as and when amounts are payable for the option (and for extensions thereof). Upon
closing of the sale of the Property to the Optionee, whether pursuant to the terms of said option or otherwise,
Avison Young will be paid a commission at the above rate on the total sale price (excluding any amount paid
for the option and applied to the sales price).
4. TIME OF PAYMENT: The commission will be paid in full at the time of the closing or transfer of title to the
Property. In the event of sale of the Property or an installment purchase contract, the entire sales commission
are due Avison Young at the execution of the installment sale contract.
5. RECOVERY WHERE DEFAULT: In the event of any non-completion of an accepted agreement, as a result of the
default by a party other than the Owner, any commission payable by the Owner to Avison Young shall be pro-
rated to the amount actually recovered by the Owner, net of the Owner’s costs to recover same, at the time
of recovery, if any. In the event of any non-completion of an accepted agreement, as a result of the default by
the Owner, any commission payable by the Owner to Avison Young shall be paid in full as per the terms of this
Agreement.
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Exclusive Right to Sell – Property Description Page 11
Exhibit A
Property Description
Page 141 of 303
Page 1 of 5
Subject: Property Standards By-Law Review
Report Number: OPD 23- 21
Department: Operations and Development Department
Submitted by: Geno Vanhaelewyn, Chief Building Official
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
RECOMMENDATION
A. THAT report titled OPD 23-21 Property Standards By-Law Review be received
as information; and
B. THAT a by-law to repeal and replace the Property Standards by-law 3638 for
prescribing standards for maintenance and occupancy of property be presented
to Council for consideration as attached to report OPD 23-21.
BACKGROUND
The Town of Tillsonburg’s current Property Standards By-Law 3638 regulates
prescribing standards for maintenance and occupancy of property within Town limits
and was last reviewed and adopted by Council in July of 2017.
The 2021 Town of Tillsonburg Community Strategic Plan identified the need for a
review of property standards as a short term goal. As a result, staff conducted a
comprehensive review and it was determined that the Property Standards By-Law be
repealed and replaced with a new By-Law to simplify the administration process.
DISCUSSION
The current By-Law has performed well, however, there is a need for minor
amendments to ensure the By-Law is current based on legislation, identified needs and
emerging issues.
The changes are also a result of staff/resident feedback that require additional detail for
clarity and enforcement. Some of the changes include exterior lighting standards,
increased standards for residential occupancy, increase standards for securing/
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OPD 23-21- Property Standards By-Law Review
Page 2 of 5
maintaining vacant properties, and outlining officer’s authorities for reports &
inspections. In addition, garbage receptacles, and storage of sea containers have been
removed from the By-Law as they are encompassed in the new Lot Maintenance By-
Law 2023-036 that was previously considered by Town Council.
The following table provides a general overview and identifies the proposed Property
Standards By-Law improvements and changes.
Item Changes
Definitions and
Interpretation (Part 1)
Derelict
Domestic Waste & Industrial Waste
Property Standards Officer
Refuse
Rubble
Vacant Building
General Standards
(Part 2)
(Removed Old) Section 2.4 (1-4) Garbage
Receptacles (Included in new Lot Maintenance By-
Law.)
(Removed Old) Section 2.06 Unenclosed Porch -
Balcony (Included in new Lot Maintenance By-Law)
(Add) Section 2.10 (5 & 6) standard for exterior
lighting.
(Remove Old) Section 2.15 (f) Storage Containers
stored on residential property. Included in new Lot
Maintenance By-Law.
(Add) Section 2.7 (10) Lot grading must comply with
the original subdivision design or as amended and
approved by Engineering Services.
Exterior of Buildings and
Structures
(Part 3)
(Add) Section 3.01 (3-4) on structural adequacy,
officers ability to order engineers reports, repairs have
been completed according to engineers requirements.
(Add) Section 3.6 (2) Canopies and awning material
must be in good condition.
(Add) Section 3.09 (3) allows officer to obtain report
from Wood Energy Technology Transfer (WETT)
inspector for chimneys, smoke stacks, and flues.
Interior of Buildings &
Structures (Part 4)
(Add) Section 4.05 (1-3) Elevators – update
emergency communications, legislation, and clean &
free of defacement.
Additional Requirements
for Residential
Occupancy (Part 5)
(Add) Section 5.01 (2) Occupancy Standards that no
kitchen or furnace room shall be used as a bedroom.
(Add) Section 5.01 (5) Occupancy Standards for
rooms or area used for sleeping purposes.
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OPD 23-21- Property Standards By-Law Review
Page 3 of 5
(Add) Section 5.03 Kitchen and Laundry standards for
dwelling units. (appliance good working order, gas
appliances connected properly, kitchens have sink/
stove/fridge/cupboards/countertop, laundry
discharges to outdoors & free of hazards)
(Add) Section 5.04 Interior Doors, Countertops,
Cupboards be maintained in Good Repair.
Vacant – Damaged –
Demolition (Part 6)
(Add) Section 6.02 (2) Vacant Properties (Increase
standards for boarding for vacant properties to make
more secure and visually appealing.
(Add) Section 6.02 (4) Vacant Properties (Owner shall
post "No Trespassing" signs)
(Add) Section 6.02 (5) Vacant Properties (vacant
building becomes derelict the shall bring the building
into compliance with all structural and exterior
maintenance provisions of the by-law or shall be
demolished)
(Add) Section 6.03 (2) (3) (4) Damage By Fire- Storm
- Other Causes (prevent remove unsafe condition &
barricaded until repairs can be completed)(boarding
standards)(repair damaged surfaces)(building/
structures beyond repair must be removed in level &
graded condition)
(Add) Section 6.04 (5) Demolish Building (Prior to
demolishing any building a permit must be obtained)
Administration and
Enforcement (Part 7)
(Revised) Section 7.03 (1 & 2) Property Standards
Committee (changed from 3 to a minimum of 3 people
on the Property Standards Committee)(term length
extended to 4 year and shall coincide with the council
term)
(Mirror Building Code) Inspection and Entry, Appeal
Order, confirmation of Order, Duty of Committee,
Appeal to Court, Judges Powers, Effect of Decision,
Powers if not complied with, Warrantless Entry, No
liability, and Lien.
Offences (Part 9) Changes fines to reflect the Building Code Act.
Severability (Part 10) Added/required for validity.
Schedule A (Remove) Schedule A - The fees have been approved
in the Rates & Fees By-law (See Section 7.07)
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OPD 23-21- Property Standards By-Law Review
Page 4 of 5
CONSULTATION
Copies of the by-law along with supporting material were made available for public
consultation from April 6, 2023 to April 24, 2023 as per the Town’s public engagement
policy. During this time, the draft By-Law was posted on the Town website and
advertised in the local paper.
Two inquiries were received as a result of the public consultation. The items are
summed up and listed below along with the communication provided from staff.
1. Question regarding inspection powers and powers of Town if order not complied
with.
Answer: Changes reflect the Ontario Building Code Act.
2. Questions regarding drainage, downspouts, numbering, building & zoning related
matters.
Answer: Staff added provision in by-law to clarify that lot grading must comply
with the original subdivision design or as amended and approved by Engineering.
Several other items were zoning related and noted for future Zoning By-Law
housekeeping.
In addition, a few inquiries were received related to the general interest and scope of
the By-Law.
The proposed By-Law was also circulated internally to Building, By-Law and Clerk
Departments resulting in some minor formatting and administrative amendments.
FINANCIAL IMPACT/FUNDING SOURCE
No financial implications were identified.
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
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OPD 23-21- Property Standards By-Law Review
Page 5 of 5
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 Direction – N/A
Priority Project – Short Term – Property Standards Review and Enforcement Plan
ATTACHMENTS: - Public Engagement Notice
- By-law Fact Sheet
- Proposed Property Standard By-Law
Page 146 of 303
April 6, 2023
NOTICE OF PUBLIC ENGAGEMENT
April 6, 2023 to April 24, 2023
AMENDING PROPERTY STANDARDS BY-LAW 3638
(Town of Tillsonburg)
The Town of Tillsonburg strives to ensure that the public is involved in all aspects
of developing a safe, healthy and happy community.
The Town’s current Property Standards By-law 3638 regulates maintenance and
occupancy property standards within Town limits. It was last reviewed and
adopted by Town of Tillsonburg Council on July 10, 2017. Minor amendments
are now needed to ensure the By-Law is current with legislation, and addresses
identified needs and emerging issues.
The proposed changes include adding exterior lighting standards, increasing
standards for residential occupancy as well as increasing standards for
securing/maintaining vacant properties. The proposed by-law also outlines the
by-law officer’s authorities for reports and inspections. Garbage receptacles and
storage of sea containers have been removed from the by-law, as these issues
are encompassed in the new Lot Maintenance By-law.
The purpose of these amendments is to provide additional detail and clarity for
enforcement, while educating the public and ensuring the maintenance standards
for the Town are adequate.
A copy of the revised Property Standards By-law along with supporting material
is available for review between 8:00 a.m. and 4:30 p.m., Monday to Friday, at the
Town of Tillsonburg Customer Service Centre (10 Lisgar Ave.) and online at
www.tillsonburg.ca.
Page 147 of 303
Page 2 of 2
If you have any questions or comments regarding the proposed changes, please
call 519-688-3009 ext. 4604 or submit written inquiries/comments by email to
mrussell@tillsonburg.ca on or before April 24, 2023.
Mark Russell
Building & By-law Enforcement Supervisor
Building/By-Law Services
Town of Tillsonburg
Customer Service Centre
10 Lisgar Ave
Tillsonburg, ON N4G 5A5
Phone: 519-688-3009 x 4604
E-mail: mrussell@tillsonburg.ca
www.tillsonburg.ca
ATTACHMENTS
- By-Law Fact Sheet
- Property Standards By-Law
Page 148 of 303
Property Standards By-Law Amendments – Fact Sheet
Item Changes
Definitions and
Interpretation (Part 1)
Derelict
Domestic waste & Industrial Waste
Property Standards Officer
Refuse
Rubble
Vacant Building
General Standards
(Part 2)
1. (Removed Old) Section 2.4 (1-4) Garbage
Receptacles (Included in new Lot Maintenance By-
law.)
2. (Removed Old) Section 2.06 Unenclosed Porch -
Balcony (Included in new Lot Maintenance By-law)
(Add) Section 2.10 (5 & 6) standard for exterior
lighting.
(Remove Old) Section 2.15 (f) Storage Containers
stored on residential property. Included in new Lot
Maintenance By-law.
Exterior of Buildings and
Structures
(Part 3)
(Add) Section 3.01 (3-5) on structural adequacy,
officers ability to order engineers reports, repairs have
been completed according to engineers requirements.
(Add) Section 3.6 (2) Canopies and awning material
must be in good condition.
(Add) Section 3.09 (3) allows officer to obtain report
from Wood Energy Technology Transfer (WETT)
inspector for chimneys, smoke stacks, and flues.
Interior of Buildings &
Structures (Part 4)
(Add) Section 4.05 Elevators – update emergency
communications, legislation, and clean & free of
defacement.
Page 149 of 303
Page 2 of 3
Additional Requirements
for Residential
Occupancy (Part 5)
(Add) Section 5.01 (2) Occupancy Standards that no
kitchen or furnace room shall be used as a bedroom.
(Add) Section 5.01 (5) Occupancy Standards for
rooms or area used for sleeping purposes.
(Add) Section 5.02 (5) Toilet and Bathroom Facilities
require opening natural ventilation or a ventilation fan.
(Add) Section 5.03 Kitchen and Laundry standards for
dwelling units. (appliance good working order, gas
appliances connected properly, kitchens have sink/
stove/fridge/cupboards/countertop, laundry discharges
to outdoors & free of hazards)
(Add) Section 5.04 Interior Doors, Countertops,
Cupboards be maintained in Good Repair.
Vacant – Damaged –
Demolition (Part 6)
(Add) Section 6.02 (2) Vacant Properties (Increase
standards for boarding for vacant properties to make
more secure and visually appealing.
(Add) Section 6.02 (4) Vacant Properties (Owner shall
post "No Trespassing" signs)
(Add) Section 6.02 (5) Vacant Properties (vacant
building becomes derelict the shall bring the building
into compliance with all structural and exteriorr
maintenance provisions of the by-law or shall be
demolished)
(Add) Section 6.03 (2) (3) (4) Damage By Fire- Storm-
Other Causes (prevent remove unsafe condition &
barricaded until repairs can be completed)(boarding
standards)(repair damaged surfaces)(building/
structures beyond repair must be removed in level &
graded condition)
(Add) Section 6.04 (5) Demolish Building (Prior to
demolishing any building a permit must be obtained)
Administration and
Enforcement (Part 7)
(Revised) Section 7.03 (1 & 2) Property Standards
Committee (changed from 3 to a minimum of 3 people
on the Property Standards Committee)(term length
extended to 4 year and shall coincide with the council
term)
(Miror Building Code) Inspection and Entry, Appeal
Order, confirmation of Order, Duty of Committee,
Appeal to Court, Judges Powers, Effect of Decision,
Page 150 of 303
Page 3 of 3
Powers if not complied with, Warrantless Entry, No
liability, and Lien.
Offences (Part 9) Changes fines to reflect the Building Code Act.
Severability (Part 10) Added/required for validity.
Schedule A (Remove) Schedule A - The fees have been approved
in the Rates & Fees By-law (See Section 7.07)
For additional information or to submit comments, contact:
Mark Russell
Building & By-law Enforcement Supervisor
Building/By-Law Services
Town of Tillsonburg
10 Lisgar Ave
Tillsonburg, ON N4G 5A5
phone: 519-688-3009 x 4604
email: mrussell@tillsonburg.ca
www.tillsonburg.ca
Page 151 of 303
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THE COPRPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 2023______
A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF PROPERTY WITHIN THE TOWN OF TILLSONBURG.
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw
may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official
plan for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions
relating to property conditions;
AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a Bylaw
under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires
that a By-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992,
C.23 shall provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the
following:
SHORT TITLE: This by-law shall be referred to as the "Property Standards By-
Law".
PART 1
DEFINITIONS
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
2.02 YARDS
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS.
2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
2.06 GROUND COVER- EROSION CONTROL
2.07 LOT GRADING-DRAINAGE-SUMP PUMPS
2.08 WALKWAYS AND DRIVEWAY
2.09 PARKING LOTS
2.10 EXTERIOR LIGHTING
2.11 RETAINING WALL
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2.12 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
2.13 ACCESSORY BUILDINGS
2.14 FENCE
2.15 TOWER-GANTRIES-MASTS-ANTENNAE
2.16 SIGNS
PARTS 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
3.02 FOUNDATION WALLS-BASEMENTS
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS
3.05 WINDOW SCREENS
3.06 CANOPIES-MARQUESS-AWNINGS
3.07 ROOF
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
3.09 CHIMNEY FLUES
3.10 GARAGE-CARPORT
PART 4
INTERIOR OF BUILDINGS AND STRUCTURES
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
4.02 WALLS-CEILINGS
4.03 FLOORS
4.04 STAIRS- HANDRAILS-GUARDS
4.05 ELEVATORS
4.06 MEANS OF EGRESS
4.07 FIRE PROTECTION
4.08 SEPARATIONS
4.09 HEATING-AIR CONDITIONING
4.10 VENTILATION
4.11 ELECTRICAL
4.12 LIGHTING
4.13 PLUMBING
4.14 WATER SUPPLY
4.15 SEWAGE SYSTEM
4.16 VERMIN CONTROL
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
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5.01 OCCUPANCY STANDARDS
5.02 TOILET AND BATHROOM FACILITIES
5.03 KITCHEN AND LAUNDRY
5.04 INTERIOR DOORS, COUNTERTOPS AND CUPBOARDS
PART 6
VACANT-DAMAGED-DEMOLITION
6.01 VACANT LAND
6.02 VACANT PROPERTIES
6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES
6.04 DEMOLISH BUILDING
PART 7
ADMINISTRATION AND ENFORCEMENT
7.01 GENERAL
7.02 MEASUREMENT
7.03 PROPERTY STANDARDS COMMITTEE
7.04 PROPERTY STANDARDS OFFICER – DUTIES
7.05 INSPECTION AND ENTRY
7.06 ORDER
7.07 SERVICE AND POSTING OF ORDER
7.08 REGISTRATION OF ORDER
7.09 RECOVERY OF COSTS RELATIVE TO ORDER
7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE
7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH
7.12 CERTIFICATE OF COMPLIANCE
PART 8
EMERGENCY POWERS
8.01 EMERGENCY ORDERS
8.02 SERVICE
8.03 EMERGENCY POWERS
8.04 SERVICE OF STATEMENT
8.05 APPLICATION TO COURT
8.06 POWERS OF JUDGE
8.07 ORDER FINAL
8.08 MUNICIPAL LIEN
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PART 9
OFFENCES
9.01 FINES
PART 10
SEVERABILITY
10.01 SEVERABILITY
PART 11
REPEAL AND EFFECTIVE DATE
11.01 REPEAL AND EFFECTIVE DATE
PART 1
DEFINITIONS
1.01 In this By-law:
"Accessory"- when used to describe a use, building or structure means a use, a
building or a structure that is customarily incidental, subordinate and exclusively
devoted to a main use, building or structure and located on the same lot therewith.
"Act" -means an enactment or statute of the Province of Ontario.
"Approved"- means acceptance by the Chief Building Official, Property Standards
Officer or designate.
"Basement" - means that portion of a building between two floor levels, which is partly
underground and which has at least one-half its height from finished floor to the
underside of the first floor joists above the average finished grade level adjacent to the
exterior walls of the building.
"Bathroom"- means a room containing a bathtub or shower, with or without a water
closet and hand basin.
"Boarder"- means a person who is provided with meals, or room and meals, regularly
in a boarding, lodging or rooming house in return for compensation.
"Building" - means any structure used or intended to be used for supporting or
sheltering any use or occupancy.
"Building Code" - means the Building Code Act and any regulations made under that
Act.
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5 | P a g e
"Clerk"- means the person duly appointed as Clerk for The Corporation of the Town of
Tillsonburg.
"Chief Fire Official" - means the person duly appointed as Chief Fire Official for The
Corporation of the Town of Tillsonburg.
"Cellar"- means that portion of a building between two floor levels which is partly or
wholly underground and which has more than one half of its height, from finished floor
to finished ceiling, below adjacent finished grade.
"Chief Building Official" - means the Chief Building Official appointed under Section 3
of the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement
thereof.
“Code" - means a regulation of the Province of Ontario known,
a) with respect to matters relating to building, as the Building Code;
b) with respect to matters relating to electricity, as the Electrical Safety Code;
c) with respect to matters relating to fire, as the Fire Code; and
d) with respect to matters relating to plumbing, as the Plumbing Code.
"Committee" - means the Town of Tillsonburg Property Standards Committee
established under this By-law.
"Corporation" - means the Corporation of the Town of Tillsonburg.
"Council” - means the Council of the Corporation of the Town of Tillsonburg.
"County" - means the Corporation of the County of Oxford.
"Derelict" means any building that is vacant and has experienced structural failure in
whole or in part.
"Domestic Waste"- means any article, thing, matter or effluent belonging to or
associated with a residence, household or dwelling unit that appears to be waste
material and includes but is not limited to the following classes of waste material:
(a) grass clippings, tree cuttings, brush, leaves and garden Refuse;
(b) paper, cardboard, clothing;
(c) all kitchen and table waste, of animal or vegetable origin resulting from the
preparation or consumption of food except any material of vegetable origin
placed in a composting container;
(d) cans, glass, plastic containers, dishes;
(e) new or used material resulting from or for the purpose of construction,
alteration, repair or demolition of any building or structure;
(f) refrigerators, freezers, stoves or other appliances and indoor furniture;
(g) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
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(h) unlicensed motor vehicle , inoperative motor vehicle , vehicle motor parts and
accessories, vehicle tires mounted or unmounted on rims, and mechanical
equipment;
(i) Rubble, inert fill, fencing materials;
(j) commercial shopping carts;
(k) anything that appears to be abandoned, worthless, worn out and of no
practical value, unsightly or not properly stored inside a building.
"Dwelling" - means a building or part thereof, used or designed to be used as a
residence and containing one or more Dwelling Units.
"Dwelling Unit" - means a suite of two or more rooms, designed or intended to be used
for human habitation and to accommodate s single household, in which sanitary
conveniences and cooking facilities are provided and which has a private entrance
either from the outside of the building or through a common hallway.
"Exterior Property Area" - means the building lot excluding buildings.
"Fence" - means any structure, wall or barrier, other than a building, erected at grade
for the purpose of defining boundaries of property, separating open space, restricting
ingress to or egress from property, providing security or protection to property or acting
as a visual or acoustic screen.
"Ground Cover" - means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
"Guard" - means a protective barrier installed around openings in floor areas or on the
open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them.
"Habitable Room" - means any room in a dwelling or dwelling unit used or intended to
be used for living, eating, sleeping, or cooking and without limiting the foregoing shall
include den, library, sunroom or recreational room or any combination thereof.
“Industrial Waste”- means any article, thing, matter or effluent belonging to or
associated with industry or commerce or concerning or relating to manufacture or
concerning or relating to any trade, business, calling or occupation that appears to be
waste material and includes but is not limited to the following classes of waste material:
(a) piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the
piping, tubing, conduits or cable;
(b) containers of any size, type or composition;
(c) Rubble, inert fill;
(d) mechanical equipment, mechanical parts, accessories or adjuncts to
mechanical equipment;
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(e) articles, things, matter, effluent which are derived from or are constituted from
or consist of agricultural, animal, vegetable, paper, lumber or wood products,
mineral, metal or chemical products whether or not the products are
manufactured or otherwise processed;
(f) bones, feathers, hides;
(g) paper or cardboard packaging or wrapping;
(h) material resulting from, or as part of, construction or demolition projects;
(i) unlicensed motor vehicle, inoperative motor vehicle, vehicle motor parts and
accessories, vehicle tires mounted or unmounted on rims, and mechanical
equipment.
"Multiple Unit Dwelling"- means a dwelling consisting of three or more dwelling units,
which are horizontally and/or vertically attached, which may be entered from an
independent entrance directly from the outside or from an internal common space or an
access balcony and in which 50% or more of dwelling units have direct access to grade
or a roof terrace. A multiple attached dwelling includes a triplex, a four plex, a six plex
and a townhouse, but shall not include a street fronting townhouse or apartment
dwelling.
"Municipality"- means the Corporation of the Town of Tillsonburg.
"Non-Habitable Room" - means any room or space in a dwelling unit, other than a
Habitable Room and includes a washroom, bathroom, Toilet Room, laundry, pantry,
lobby, corridor, stairway, closet, Cellar, boiler room, garage, or space for service and
maintenance of any building for public use and for access to and vertical travel between
storeys.
"Non-Residential Property" - means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings, Fences or
erections thereon or therein.
"Occupant" - means any person or persons over the age of (eighteen) 18 years in
possession of the property.
"Officer" - means a Property Standards Officer who has been assigned the
responsibility of administering and enforcing this by-law including but not limited to a
Building Inspector and a Chief Building Official.
"Owner" - includes the owner in trust, a mortgagee in possession, the Person for the
time being, managing or receiving the rent of the land or premises in connection with
which the word is used whether on his own account, or as agent or trustee of any other
Person, or who would receive the rent if the land and premises were let, and shall also
include a lessee or Occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the Standards for the
maintenance and occupancy of property.
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"Person" - means and includes any person, firm, partnership, corporation, company,
association, or organization of any kind.
"Property" - means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile structures, outbuildings, Fences and erections thereon whether
heretofore or hereafter erected and includes vacant property.
“Property Standards Officer” shall have the same meaning as “Officer” in this by-law.
"Public Health Inspector" - means the Public Health Inspector for the County of
Oxford.
“Refuse” - means any article, thing, matter, substance or effluent that: has been cast
aside, discharged or abandoned or; is discarded from its usual and intended use or; is
used up, in whole or in part, or expended or worn out in whole or in part; and shall
include but not limited to Domestic Waste and Industrial Waste; and that Domestic
Waste and/or Industrial Waste does not cease to be Refuse by reason that it may be
commercially saleable or recyclable.
"Repair" - includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property shall
conform to the Standards established in this By-law.
"Residential Property" - means any property that is used or is capable of being used
as a dwelling or multiple thereof and includes any land or buildings that are appurtenant
to such establishment including but not necessarily limited to all steps, walks,
driveways, parking spaces, Fences and yards.
"Retaining Wall" - means a structure that holds back soil or other loose material to
prevent it assuming the natural angle of repose at locations where an abrupt change in
ground elevation occurs.
“Rubble” - means broken concrete, bricks, broken asphalt, patio or sidewalk slabs
"Safe Condition"- means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any Person on or about the
property, and includes a structurally sound condition.
"Sanitary Sewage" - means liquid or water borne waste;
a) of industrial or commercial origin, or
b) of domestic origin, including human body waste, toilet or other bathroom waste,
and shower, tub, culinary, sink and laundry waste.
"Sanitary Sewer- means a sewer for the collection and transmission of Sanitary
Sewage and Domestic Waste, Industrial Wastes and to which storm, surface and
ground waters are not intentionally admitted.
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"Sewage" - shall include drainage, storm water, Refuse, Domestic Waste, Industrial
Wastes and Sanitary Sewage.
"Sewage System" - means the Town of Tillsonburg/County of Oxford system of storm
sewers, sanitary sewers and combined sewers. Also a private Sewage disposal system
approved by the County of Oxford Board of Health.
"Sign" - means any device or notice, including its structure and other component parts,
which is used or capable of being used to identify, describe, illustrate advertise or direct
attention to any person, business, service, commodity or use.
"Standards" - means the standards of physical condition and of occupancy prescribed
for property by this by-law.
"Storm Sewer" - means a sewer, which carries storm water and surface water, street
wash and other wash water or drainage, but excludes Sanitary Sewage.
"Toilet Room"- means a room containing a water closet and/or a washbasin.
"Town" - means the Corporation of the Town of Tillsonburg.
"Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
"Vacant Building” – means a building that is unoccupied, displays some visible signs
of deterioration, is or should be boarded up and does not include agricultural building or
a building already approved for demolition.
"Vermin” - shall include rats, mice, and all other such obnoxious animals.
"Visual Barrier" - shall mean a continuous, uninterrupted structure, which completely
blocks lines of sight when viewed perpendicularly from either of its sides and shall
consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated
metal or other similarly solid material.
Yard" means the land within the boundary lines of the lot and not occupied by the
principal building.
PART 2
GENERAL STANDARDS
2.01 SCOPE
1. No Person, being the Owner or Occupant of a Property, shall fail to maintain
the Property in conformity with the Standards required in this By-law.
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2. The Owner of any Property which does not conform to the Standards in this
By-law shall Repair and maintain the Property to conform to the Standards or
shall clear the Property of all buildings, structures, Refuse, Rubble waste or
accumulations of such materials that prevent access to or exit from the
Property in the case of emergency, or other safety or health hazard and shall
leave the Property in a graded and leveled condition.
3. All Repairs and maintenance of Property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within
the trades concerned.
4. All new construction or extensive repairs shall conform to the Ontario Building
Code, where applicable.
5. This by-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection
Act, 1998, R.S.O. 1998, c. 1, from carrying out a normal farm practice as
provided for and defined under that Act.
2.02 YARDS
1. Shall be kept clean and free of Rubble, Refuse, debris and objects or conditions
that might create fire, accident or health hazards.
2. Every Property shall be kept free from Rubble, Refuse, Industrial Waste,
Domestic Waste or accumulations of such materials that prevent access to or
exit from the Property.
3. Without restricting the generality of this Section, such maintenance includes the
removal of:
a) Rubble, Industrial Waste, Domestic Waste, and Refuse ;
b) injurious insects, termites, rodents, vermin and other pests; and any
condition, which may promote an infestation.
c) wrecked, dismantled, inoperative, discarded or unlicensed Vehicles,
trailers, machinery or parts thereof, except in an establishment
licensed or authorized to conduct a salvage, wrecking or repair
business and then only if such establishment conforms with any
relevant By-laws or statutes; and
d) Derelict or collapsed buildings, structures or erections, and the filling in
or protecting of any unprotected well.
4. The warehousing or storage of material or operative equipment that is required
for the continuing operation of the industrial or commercial aspect of the Property
shall be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition and shall provide unconstructive.
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2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
No machinery or parts thereof, or other object, or material not associated with the
normal occupancy and use of a Property, including among other things,
appliances, fixtures, paper, cartons, boxes, or building materials such as lumber,
masonry material or glass, other than that intended for immediate use on the
Property, shall be stored or allowed to remain in an exterior property area.
2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS
Garbage chutes, disposal and collection rooms, containers and receptacles shall
be maintained good repair kept clean and free of offensive odours.
2.05 GRASS-TREES- BUSHES-HEDGES-GROUND COVER-LANDSCAPING
Ground cover, hedges, trees, landscaping and grass, and site facilities required
as a condition of site development or redevelopment shall be maintained in living
condition and in a good state of repair.
2.06 GROUND COVER- EROSION CONTROL
Suitable Ground Cover shall be provided and maintained to prevent erosion of
the soil and so as to be in harmony with the neighbouring environment.
2.07 LOT GRADING-DRAINAGE-SUMP PUMPS
1. All Yards shall be provided and maintained with adequate surface water
drainage, without causing erosion, so as to prevent the entrance of water into
a Basement or crawlspace.
2. Downpipes, sump pump, discharge lines and grading shall be designed,
provided and maintained so as to discharge water runoff away from the
building and to prevent flooding, erosion and other nuisance to neighbouring
properties.
3. Storm water run-off from any downspout or any surface shall not be drained
onto neighbouring properties, unless designed.
4. Every Property shall be graded and maintained to prevent ponding or the
entry of storm water into a Basement or Cellar.
5. Natural drainage, drainage swales, ditches or watercourses shall be
maintained to facilitate the natural flow of water and prevent ponding.
6. No Person shall connect or permit any connection of any weeping tile,
foundation drain, roof drain, or land drain into any sanitary sewer, or
combined sewer, and no Person shall discharge, or permit to be discharged
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into any such sanitary sewer, or combined sewer, any foundation, roof or
surface water or drainage.
7. No storm water or roof water shall be discharged onto a sidewalk, walkway,
steps, porch or other pedestrian access to a Property which may be
hazardous or create a risk of accident.
8. No fill shall be allowed to remain in an unleveled state on any Property for
longer than fourteen (14) days, unless the Property is a construction site for
which an active building permit is in effect or planning agreement is passed.
9. No fill shall be left in an uncovered state (not covered by sod, seed or
agricultural crop) on any Property for longer than thirty (30) days unless the
Property is:
a) a construction site for which a building permit is in effect;
b) a Property being subdivided under subdivision agreement with the
Town of Tillsonburg;
c) Property being actively farmed.
10. Lot grading must comply with the original subdivision design or as amended
and approved by the Engineering Department.
2.08 WALKWAYS AND DRIVEWAY
1. There shall be a walk leading from the principal entrance of every building to the
street. Such walks may lead to a driveway or hard surfaced area provided such
area leads to a street. The surfaces of steps, walks, driveways, parking spaces
and similar areas of the Yard shall be maintained so as to afford safe passage
under normal use.
2.09 PARKING LOTS
1. Parking lots, driveways and other similar public access areas of a Yard shall be
maintained so as to afford safe passage under normal use.
2. Parking lots, driveways and other similar public access areas of a Yard shall be
kept clean and free of litter, rubbish, waste, salvage, Refuse, debris and objects
or conditions that might create a, fire, accident or health hazard.
2.10 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, Cellar, Basement entrance or
building entrance shall have a permanently installed lighting fixture that shall be
maintained in good working order.
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2. All underground parking areas and common areas shall be illuminated so as to
provide safe passage
3. Lighting fixtures and their supports shall be installed and maintained in a safe
and structurally sound condition and in good repair.
4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no
part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of
the parking area. Fixtures shall be so designed and installed that the light is
directed downward and deflected away from the adjacent lots.
5. The exterior lighting shall be placed and maintained, or have a barrier or shade
placed and maintained so as to prevent or block direct illumination on an
adjacent Property except for;
a) Lighting used by the Town or Provincial or Federal government; and
b) Lighting located on any Property owned by the Town or, Provincial or
Federal government.
6. Where it appears that exterior lighting may effect adjacent properties the officer
may order that the Owner provide a study or report to assess the impacts of the
exterior lighting on neighbouring properties.
2.11 RETAINING WALL
1. All Retaining Walls, screen walls and ornamental walls shall be constructed of
durable material and shall be maintained in a structurally sound condition.
Such maintenance includes:
a) redesigning, repairing or replacing of all deteriorated, damaged,
misaligned; or
b) missing portions of the wall and any railings or Guards appurtenant
thereto;
c) installing subsoil drains where required to maintain the stability of the wall;
d) grouting masonry cracks; and/or
e) applying to all exposed metal or wooden components, unless inherently
resistant to deterioration, a protective coating of paint or equivalent
weather resistant material.
2.12 WELLS-CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
1. Every Property shall be kept free of all unused excavations, empty in-ground
pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same
shall be filled to grade with clean fill. Provided that where any excavations,
holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are
required by the nature of use and occupancy of any Property, and may
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constitute a health or safety hazard or exceed a depth of 60 cm (24 inches), a
Fence or barrier shall be erected and maintained completely around the same
to a height of not less than 1.22 metres (4 feet) above the grade level at the
perimeter of each of them. As per the requirement of the Fence by-law.
2.13 ACCESSORY BUILDINGS
1. The foundations, walls, roofs and all parts of accessory buildings and other
structures shall be:
a) constructed with suitable materials;
b) maintained in good repair;
c) protected from deterioration by the application of paint or other suitable
protective material;
d) capable of sustaining the loads that may be applied thereto as a result of
use in accordance with the requirements of the Ontario Building Code.
e) maintained in a structurally sound condition, free from health, fire and
safety hazards.
f) kept free of rodents, vermin, and injurious insects
2. Storage sheds and other accessory buildings shall be securely anchored to
the ground.
2.14 FENCE
1. A Fence erected on a Property shall be maintained in a safe and structurally
sound condition so as to be capable of sustaining safely its own weight
together with any load to which it might reasonably be subject to:
a) shall be free of dangerous objects;
b) be reasonably plumb, unless specifically designed to be other than
vertical.
2. The Owner of any Property used for Multiple-Dwelling, commercial,
institutional, or industrial purposes shall maintain a Visual Barrier where such
Property is used for the parking, access, and exiting of Vehicles by tenants,
employees, or customers or when used for the operation of equipment or
when used for the storage of goods, or when used for any other purpose
which may detract from the quiet enjoyment and good appearance of an
abutting Residential Property.
2.15 TOWER-GANTRIES-MASTS-ANTENNAE
1. Towers, gantries, masts, antennae and structures of similar character and
any attachment thereto shall be maintained:
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a) reasonably plumb, unless specifically designed to be other than vertical;
b) in good repair; and
c) in a safe and structurally sound condition.
2.16 SIGNS
1. A sign and any structure connected therewith shall be installed and
maintained:
a) in good repair without any visible deterioration;
b) in a safe and structurally sound condition; and
c) in a reasonably vertical plane unless otherwise approved by the Town of
Tillsonburg.
2. Any unused or discarded sign(s) shall be removed from the Property.
PART 3
EXTERIOR OF BUILDINGS AND STRUCTURES
3.01 STRUCTURAL ADEQUACY-CAPACITY
1. All Repairs and maintenance of Property required by the Standards
prescribed in this By-law shall be carried out in a manner accepted as good
workmanship in the trades concerned and with materials suitable and
sufficient for the purpose.
2. Every part of a Property shall be maintained in good repair and in a
structurally sound condition so as:
a) to be capable of sustaining safely its own weight, and any additional load
to which it may normally be subjected;
b) to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
c) to prevent the entry of moisture that would contribute to damage, decay or
deterioration; and
d) to be capable of safely and adequately performing its function subject to
all reasonable serviceability requirements.
3. Where it appears that the structural integrity or condition of a Building, structure,
or part thereof may be adversely affected by damage or deterioration, the Officer
may order that a structural engineering assessment and report be conducted and
prepared by a professional engineer licensed in Ontario. The report shall include
a) all deficiencies of structural concern;
b) the contributory cause of the damage;
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c) the required Repairs and plan for remediation;
d) the recommended timelines for Repair; and
e) upon receipt of the report, it shall be produced to the Officer forwith.
4. Where Repairs are required, the Owner shall obtain a building permit and repair,
or cause to be repaired, the Building, structure, or part thereof, in accordance
with the Repair methods, and timelines described in the report.
3.02 FOUNDATION WALLS-BASEMENTS
1. All foundation walls and the basement, Cellar or crawl space floors shall be
maintained in good repair and structurally sound.
2. Every basement, Cellar and crawl space in a Property shall be maintained in a
reasonably watertight condition so as to prevent the leakage of water into the
building.
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
1. All exterior walls and surfaces of every building or structure shall be sound,
plumb, and weather tight, free from loose or unsecured objects and
maintained in good repair.
2. Exterior walls shall be in good repair free from cracked or broken masonry
units, defective or deteriorated wood or metal siding or trim, cracked, broken
or loose stucco, lose or unsecured objects;
3. Shall be so maintained by the painting, restoring or repairing of the walls,
coping or flashing, by the waterproofing of joints and the walls themselves, by
the installation of or repairing of weather tight finishing, or the installation of
termite shields, if required.
4. All exterior surfaces that have previously been covered with paint or other
protective or decorative materials shall be maintained in good repair and the
covering renewed when it becomes damaged or deteriorated.
5. Every part of a building including the exterior shall be maintained in a
structurally sound condition and so as to be capable of sustaining safely its
own weight and any additional weight that may be put on it through normal
use.
3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS
1. Windows, skylights, exterior doors and frames, Basement or Cellar
hatchways, attic access doors including storm and screen doors and storm
windows shall be maintained in good working order, good repair, in a Safe
Condition and shall be of such construction so as to prevent the entrance of
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wind, snow or rain into the building and to minimize heat loss through
infiltration.
2. At least one entrance door in every Dwelling Unit shall have hardware so as
to be capable of being locked from inside and outside the Dwelling Unit.
3. All windows capable of being opened and all exterior doors shall have
hardware so as to be capable of being locked or otherwise secured from
inside the building.
4. In every multi-residential Dwelling where a security locking and release
system has been provided in the front or rear lobby for the entrance into the
Multiple Dwelling and that system is controlled from each Dwelling Unit, such
system shall be maintained in good repair and in operating condition.
5. Where a window is above the second storey and the window is lower than
1000mm (39") from the floor, the maximum the window can open is 100mm
(4") and where a door or sliding door is not serving a balcony or landing, it
shall be protected by a Guard conforming to the Ontario Building Code.
6. All windows capable of being opened shall be equipped with a screen to
prevent the passage of insects and the screen shall be maintained in a good
condition.
3.05 WINDOW SCREENS
1. When an exterior opening is used or required for ventilation or illumination
and is not required to be protected by a door, window or similar closure, it
shall be protected with:
a) mesh screening, metal grills, or other equivalent durable rust proof
material; or
b) other protection so as to effectively prevent the entry of rodents, large
insects or vermin.
3.06 CANOPIES-MARQUEES-AWNINGS
1. All canopies, marquees and awnings shall be properly anchored so as to be
kept in safe and sound condition and shall be protected from decay and rust.
2. All canopies, marquees and awning material must be in good condition, free
of damage or fading.
3.07 ROOF
1. Every roof and all of its components shall be maintained in good repair and in
a safe and structurally sound condition.
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2. Without restricting the generality of this Section, such maintenance includes:
a) removal of loose, unsecured or rusted objects or materials;
b) removal of dangerous accumulations of snow or ice;
c) keeping roofs and chimneys in water-tight condition so as to prevent
leakage of water into the building; and
d) Keep all roof-related structures plumb unless specifically designed to
be other than vertical.
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all
exterior ducts shall be properly secured free from loose or unsecured objects,
free from obstructions and health hazards, weather-tight, free of holes and
maintained in good repair.
2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts
shall be kept free from rust by application of a suitable protective material
such as paint, and shall be renewed when necessary.
3. Roof drainage shall be discharged onto the ground at least 1 metre (39
inches) from the building or structure, when it is physically possible to do so,
providing that it does not adversely affect adjacent properties, or cause
erosion.
3.09 CHIMNEY FLUES
1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment
shall be constructed, installed and maintained as per the applicable codes
and or standards.
2. Any fuel burning heating equipment used in a building shall be properly
vented to the exterior by means of an approved smoke pipe, vent pipe or
chimney.
3. If an officer has reason to believe that a chimney, smoke stacks, flues, ducts
and other similar equipment is damaged or not working properly the Officer
may request a report from a Wood Energy Technology Transfer (WETT)
certified inspector.
3.10 GARAGE-CARPORT
1. The construction between an attached or built-in garage or carport and a
Dwelling Unit shall provide an effective barrier to gas and exhaust fumes.
2. Garages and carports shall be maintained in good repair and free from
hazards.
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PART 4
INTERIOR OF BUILDINGS AND STRUCTURES
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
1. In every building, all structural components including but not limited to all
joists, beams, studding, and roof rafters, shall be of sound material and
adequate for the load to which they are subjected.
2. The foundation walls and the basement, Cellar or crawl space floors shall be
maintained in good repair and structurally sound. Every basement, Cellar and
crawl space in a Property shall be maintained in a reasonably watertight
condition so as to prevent the leakage of water into the building.
4.02 WALLS-CEILINGS
1. Every wall and ceiling shall be maintained in good repair, free of conditions,
which may create a health, fire or safety hazard.
2. Where sound transmission ratings are required in accordance with the
provisions of the Ontario Building Code, they shall be maintained in good
repair.
3. Where non-combustible construction, fire separations, firewalls, fire
resistance ratings and other fire protection measures are required in
accordance with the provisions of the Ontario Building Code, or in accordance
with the Ontario Fire Code, they shall be maintained in good repair.
4. In any bathroom the walls above a bathtub equipped with a shower or a
shower stall shall be maintained as to be water resistant.
4.03 FLOORS
1. Every floor shall be smooth and level and maintained so as to be free of all
loose, warped, protruding, broken or rotted boards that may create an unsafe
condition or surface. Such defective floors shall be repaired or replaced.
2. Where a floor covering has become worn or torn so that it retains dirt or may
create an unsafe condition, the floor covering shall be repaired or replaced.
3. Every bathroom, kitchen, laundry and shower room shall have a floor
covering of water-resistant material and be capable of being cleaned.
4. Every Cellar and Basement shall have a floor of concrete or other material
acceptable under the provisions of the Ontario Building Code, to ensure water
drainage and to Guard against the entry of vermin.
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4.04 STAIRS- HANDRAILS-GUARDS
1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony
together with any Guard, balustrade, railing, screen or other appurtenance
attached thereto shall be maintained in good repair and in a safe and
structurally sound condition.
2. Without restricting the generality of Section 4.04, such maintenance includes:
a) Repairing or replacing floors, treads or risers that show excessive wear
or are broken, warped, loose, depressed, protruding or otherwise
defective;
b) Repairing, replacing or supporting structural members that are
decayed, damaged, weakened, lose or missing; and
c) Providing, repairing or replacing balustrades, Guards and railings.
3. A Guard shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3) or more risers including the landing
or a height of 600 mm (24 inches) between adjacent levels. A handrail shall
be installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches,
balconies. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
4. Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies
and every appurtenance attached thereto within the exterior walls of a vacant
buildings are exempt from the provisions of 4.04 if section 6.03 has been
complied with.
4.05 ELEVATORS
1. Elevating devices in a building, including all parts, lighting fixtures, lamps,
elevator buttons, floor indicators, emergency communication and ventilation
fans shall be maintained in good repair and operational.
2. The walls, floors and ceilings of elevators shall be kept clean and free from
dirt or defacements.
3. All elevating devices including elevators, dumb-waiters, hoists, escalators,
incline lifts and other elevating devices shall be installed and maintained in
good working order, good repair; and in a Safe Condition in accordance with
the requirements of the Technical Standards and Safety Act, 2000, as
amended from time to time.
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4.06 MEANS OF EGRESS
1. Every building, structure or Dwelling Unit shall have a safe, continuous and
unobstructed passage from the interior to an exit or the outside of the building
at street or grade level as per the Ontario Building Code and Ontario Fire
Code.
2. Exterior stairs and fire escapes shall be maintained in a safe state of Repair
and kept free of ice and snow.
3. A required means of egress shall not pass through an attached or built-in
garage or an enclosed part of another Dwelling Unit.
4. In every multi-residential dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance into the
Multiple Dwelling and that system is controlled from each Dwelling Unit, such
system shall be maintained in good repair and in an operating condition.
5. All means of egress within a Non-Residential Property shall be:
a) maintained free from all obstructions or impediments;
b) provided with clear, unobstructed and readily visible exit signs, for every
required exit; and
c) provided with lighting facilities capable of illuminating the means of egress
to ensure the safe passage of persons exiting the building.
4.07 FIRE PROTECTION
1. Fire protection for all buildings shall be provided in conformity with the
provisions of the Ontario Building Code and Ontario Fire Code. Without
limiting the generality of the foregoing, fire protection shall include non-
combustible construction, flame spread ratings, fire resistance ratings, fire
protection ratings, permitted openings, firewalls, fire separations, fire
dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors,
smoke detectors, smoke alarms, and firefighting access to and within
buildings.
2. All buildings of residential occupancy, smoke alarms shall be provided and
installed by the Owner. Smoke alarms shall be installed on or at the ceiling
level of each floor and on the ceiling in the Basement and in a location where
the alarm is audible within the bedrooms when the doors are closed.
3. All fire protection construction, components thereof, appliances and
equipment shall be maintained in good repair and in good operating condition
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4.08 SEPARATIONS
1. Every Dwelling Unit shall be maintained and protected so as to prevent the
passage of noxious fumes and gases from a part of the building that is not
used for human habitation into other parts of the Dwelling Unit.
4.09 HEATING- AIR CONDITIONING
1. Every residential Dwelling shall have functional heating equipment to maintain
a minimum temperature of 21°Celsius (70 °Fahrenheit).
2. The heating system and hot water system required and other mechanical
systems shall be provided, maintained and operated:
a) in accordance with the respective requirements of any applicable Code
or By-law; and
b) in good working condition and good repair and in a Safe Condition.
3. No residential Dwelling Unit shall be equipped with portable heating
equipment as the primary source of heat.
4. Wood stoves within a Dwelling and any other Property shall be maintained in
accordance to Canadian Standards Association's standard -B 365-M.
5. All air conditioners and air conditioning systems shall be securely mounted
and installed in accordance with manufacturers' specifications.
6. All air conditioners and air conditioning systems shall be maintained in good
repair, free of conditions which may constitute a health, fire or safety hazard.
4.10 VENTILATION
1. Ventilation, as required by the Ontario Building and Fire Codes, shall be
provided to and maintained in all rooms and spaces within a building so as to
prevent accumulations of heat, dust, fumes, gases, including carbon
monoxide, vapours and other contaminants which may create a fire,
explosion, toxic hazard or health hazard.
2. Ventilation systems shall be cleaned regularly and installed, used and
maintained:
a) in conformance with the requirements of the Building and Fire Codes;
b) in good working condition and good repair; and
c) in a Safe Condition.
3. When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window or similar closure, it shall be
protected with screens in accordance with this By-law.
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4. An opening for natural ventilation may be omitted from a bathroom or Toilet
Room where a system of mechanical ventilation has been provided.
5. Every basement, Cellar, unheated crawl space and attic shall be vented and
such vents shall be designed and maintained to prevent entry of snow, rain,
rodents and insects.
4.11 ELECTRICAL
1. Every Dwelling and Dwelling Unit shall be wired for electricity and shall be
connected to an approved electrical supply system, an adequate supply of
electrical power shall be available in all occupied parts of every dwelling, suite
and building.
2. The connection to the building and the system of circuits and outlets
distributing the electrical supply within the building shall provide adequate
capacity for the use of the building and such connections, circuits, wiring and
outlets along with any fuses, circuit breakers and other appurtenances thereto
shall be installed and maintained in good working order, and in conformity
with the regulations of electrical safety Authority designated under the
Electricity Act.
3. Extension cords are not permitted on a permanent basis.
4.12 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, Toilet Room,
kitchen, hall, Cellar, basement, laundry, furnace room and Non-Habitable
work room in a suite, Dwelling unit or building shall have a permanently
installed lighting fixture that shall be maintained in a Safe Condition and in
good working order.
2. All lighting, including exit lighting and emergency lighting shall conform to the
provisions of the Ontario Building Code and shall be maintained in good
working order.
3. Lighting shall be installed throughout every Property to provide adequate
illumination for the use of each space so as to provide safe passage.
4.13 PLUMBING
1. All plumbing systems drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the Sewage System shall be maintained
in good working condition and free from leaks and defects and all water pipes
and appurtenances thereto shall be protected from freezing.
2. Plumbing systems on a Property shall be provided, installed and maintained:
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a) in compliance with the respective requirements of any applicable
Code, Act or By-law;
b) in good working condition and good repair; and
c) in a Safe Condition.
3. All plumbing fixtures shall be connected to discharge to the municipal sewer
system or to an Approved private sanitary system through water sealed traps.
4.14 WATER SUPPLY
1. Every Property, the use or occupancy of which requires a water supply, shall
be provided with an adequate supply of potable water from a public or private
water supply, approved by the local authority designated under the Clean
Water Act 2006, SO 2006 c22.
2. Where an approved public or community water supply is available, every
Dwelling Unit shall be connected thereto.
3. Where a piped water supply is available, piping for hot and cold water shall be
connected to every kitchen sink, lavatory, bathtub, shower, slop sink and
laundry area and piping for cold water shall be run to every water closet and
hose bib.
4. Every water heater installed for the purpose of supplying hot running water to
the Occupants of a Property shall be capable of heating water to a minimum
temperature of +49C (120 F).
5. Replacement hot water heaters shall have a thermostatic mixing value limiting
water temperature to a maximum of +49C (120 F). As per the Ontario Building
Code.
4.15 SEWAGE SYSTEM
1. Sanitary Sewage from any building shall be discharged into the municipal
Sanitary Sewage System, or into a private Sewage System approved under
Part 8 of the Ontario Building Code, and not otherwise.
2. The land in the vicinity of a private Sewage System shall be maintained in a
condition that will not cause damage to, or impair the functioning of the
Sewage System.
4.16 VERMIN CONTROL
1. Every Property shall be maintained so as to be free from Vermin and
conditions that may promote an infestation at all times.
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2. Openings in buildings, Cellars, soffits, facia, and crawl space shall be
protected to prevent the entrance of wildlife, rodents, vermin, insects and
pests.
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
1. A Non-Habitable Room shall not be used as a Habitable Room.
2. No kitchen or furnace room shall be used as a bedroom.
3. Height and size of rooms or spaces for the purpose of calculation shall
comply with the regulations of the Ontario Building Code.
4. No Basement or portion thereof shall be used as a Dwelling Unit, unless it
meets the following requirements:
a) access to each Habitable Room shall be gained without passage
through a furnace room, boiler room or storage room;
b) each Habitable Room shall comply with all the requirements for
ingress, egress;
c) light, ventilation and ceiling height set out in this By-law; and
d) floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5. No room or area shall be provided for sleeping purposes unless:
(a) it has been constructed with a building permit and reviewed for
sleeping purposes; and
(b) is in conformance with the Ontario Building Code requirements for the
construction of a bedroom.
5.02 TOILET AND BATHROOM FACILITIES
1. Every Dwelling Unit shall contain plumbing fixtures in good repair and in an
operative condition, consisting of a minimum of one toilet, one sink, and one
bathtub or shower.
2. All bathrooms and Toilet Rooms shall be located within and accessible from
within the Dwelling Unit.
3. All bathrooms and Toilet Rooms shall be fully enclosed and maintained so as
to provide privacy for the Occupant.
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4. No toilet or urinal shall be located within a bedroom or a room that is used for
the preparation, cooking, storing or consumption of food.
5.03 KITCHEN AND LAUNDRY
1. Every kitchen shall be provided with an approved, connected, and operating
electrical or gas supply for cooking and refrigeration appliances.
2. Every kitchen appliance which is supplied, shall be maintained in good repair.
3. Every Dwelling Unit shall have a kitchen with a sink, stove, fridge, cupboards,
and countertop.
4. Every laundry appliance which is supplied, shall be maintained in good repair,
and serviced by an approved, connected, and operating electrical or gas
supply.
5. Laundry drying equipment shall have a dedicated exhaust duct discharging
directly to the outdoors.
6. Laundry drying equipment exhaust ducts shall be maintained free from
obstructions.
5.04 INTERIOR DOORS, COUNTERTOPS, CUPBOARDS
1. Every interior door, closet door, cupboard door, countertop, cupboard, vanity,
shelf, and their appurtenances shall be maintained in good repair.
PART 6
VACANT- DAMAGED-DEMOLITION
6.01 VACANT LAND
1. Vacant land shall be maintained to the Standards as described in Part 2, of
this By-law.
2. Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
6.02 VACANT PROPERTIES
1. The Owner of any vacant buildings shall protect such building against the risk
of fire, accident, damage or other danger thereto or to adjoining premises by
effectively preventing the entry thereto by all unauthorized persons.
2. Where entry to a Building cannot be sufficiently prevented by the locking of
doors, windows, and other openings, the entry shall be prevented as follows:
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a) All boarding must be minimum ½ inch exterior grade plywood (not
particleboard, fiberboard, or other forms of board sheathing);
b) Boarding must be cut to completely and securely fit within all exterior
structural openings;
c) All boarding shall be maintained in good repair;
d) All boarding shall be installed from the exterior;
e) All boarding shall be fastened using wood screws only. Screws must
be countersunk and not less than 2 inches in length. Each screw shall
be spaced not more than 4 inches on center around the entire
perimeter of each plywood board;
f) All boarding shall be fitted securely and in a watertight manner to fit
within the side jambs, the head jamb, and the exterior bottom sill of the
door or window opening so the exterior trim and cladding remains
uncovered and undamaged by the boarding, and so as not to be easily
detached by hand;
g) All boarding used on windows and door openings shall be painted
using exterior grade paint in a matt black;
h) All other boarding shall be painted using exterior grade paint in a
colour that blends with the exterior of the Building or structure;
3. If the aforementioned measures in 6.02.(2) prove insufficient to secure
openings, additional augmentation measures shall be required, consisting of
the installation of steel mesh enclosures or steel panels overall boarded
ground floor openings.
4. Where a building remains vacant or unoccupied for a period of more than
ninety days, the Owner shall ensure that all utilities serving the building, that
are not required for the safety or security thereof, are properly disconnected or
otherwise secured to prevent risk of fire, accident, damage or other danger to
the Property or adjoining premises.
5. The Owner of a Vacant Building shall post "No Trespassing" signs on all
exterior points of access to the Property and signs shall comply with the Sign
By-law.
6. If a Vacant Building becomes Derelict as defined in this by-law, the Owner or
their agent shall bring the building into compliance with all structural and
exterior maintenance provisions of this by-law or such building shall be
demolished in accordance with the Building Code Act.
6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES
1. A building or portion thereof, damaged by fire or other causes, shall be
restored to its original condition and repaired as may otherwise be required by
this by-law or the building shall be demolished or the damaged portion
removed.
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2. Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, immediate steps shall be taken to prevent a condition
which might endanger persons on or near the Property and the building or
structure shall be properly supported and barricaded until the necessary
demolition or repairs can be carried out.
3. Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, the Owner shall protect the building against further risk
or further damage, accident or other danger, and shall secure each opening
to the building to the Standards in 6.02.(2).
4. The exterior walls and other surfaces of the building shall have smoke
damage or other defacement removed and surface refinished.
5. In the event the building, accessory building, Fence or structure is beyond
Repair, the land shall be cleared of debris, and rubble and shall be left in a
graded, level and Safe Condition without unreasonable delay.
6.04 DEMOLISH BUILDING
1. Where a building, accessory building, Fence or other structure is demolished,
the Property shall be cleared of all rubbish, waste, debris, Refuse, Rubble,
masonry, lumber and left in a graded and level condition.
2. Where a building, accessory building, Fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining Property
and members of the public. The precautions to be taken include the erection
of Fences, barricades, covered walkways for pedestrians and any other
means of protection necessary for the protection of the adjoining Property and
members of the public.
3. Without restricting the generality of Section 6.04.(2) such repairs shall
include:
(a) Abating any unsafe condition; and
(b) Refinishing so as to be in harmony with adjoining undamaged surfaces
4. The Owner of any building or part thereof being demolished shall leave any
remaining wall or walls (including any former party wall or walls, whether
separately or jointly owned) structurally sound, weather tight, in a Safe
Condition and in conformity with the standards in the Ontario Building Code.
5. Prior to demolishing any building, a Demolition Permit must first be obtained
from the building department.
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PART 7
ADMINISTRATION AND ENFORCEMENT
7.01 GENERAL
1. This By-law shall apply to all Property within the limits of the Town.
7.02 MEASUREMENT
1. The imperial measurements contained in this By-law are given for reference
only.
7.03 PROPERTY STANDARDS COMMITTEE
1. A Property Standards Committee shall be established which shall be
composed of a minimum of three (3) persons appointed from time to time by
the council, each of who shall be resident ratepayers of the Town of
Tillsonburg.
2. Each member of the Committee shall hold office for a term of four (4) years,
and shall coincide with the council term.
3. When a vacancy occurs in the membership of the Committee, the council
shall forthwith fill the vacancy.
4. The members of the Committee shall elect one of themselves as chairman,
and when the chairman is absent, the Committee may appoint another
member as acting chairman. Any member of the Committee may administer
oaths.
5. The members of the Committee shall be paid such compensation as the
council may provide, which shall be recorded by resolution of the council.
6. Secretarial services for the Committee shall be provided through the offices of
the Town Clerk.
7. The secretary shall keep on file minutes and records of all applications and
the decisions thereon and of all other official business of the Committee, and
sections 253 and 254 of the Municipal Act, 2001 applies with necessary
modifications to such documents.
8. A majority of the Committee constitutes a quorum and the Committee may
adopt its own rules of procedure but before hearing an appeal shall give
notice or direct that notice be given of such hearing to such persons as the
Committee considers should receive such notice.
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7.04 PROPERTY STANDARDS OFFICER- DUTIES
1. It shall be the duty of every Officer to administer and enforce the provisions of
this by-law and in the performance of such duty, he/she shall have all the
powers and responsibilities set forth in the Ontario Building Code Act and the
Regulations made pursuant to the said Act.
7.05 INSPECTION AND ENTRY
1. Where a by-law under section 15.1 of the Building Code is in effect, an Officer
may, upon producing proper identification, enter upon any property at any
reasonable time without a warrant for the purpose of inspecting the property
to determine:
(a) If the property conforms with the Standards prescribed in the by-law; or
(b) if order made under subsection 15.2 (2) of Building Code has been
complied with.
2. An Officer shall not enter or remain in any room or place actually being used
as a dwelling unless;
(a) the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused, and entry made only
under the authority of a warrant issued under the Building Code Act;
(b) a warrant issued under the Ontario Building Code Act is obtained;
(c) the delay necessary to obtain a warrant or the consent of the occupier
would result in an immediate danger to the health or safety of any
person;
(d) the entry is necessary to terminate a danger under the Building Code
for Emergency Orders;
(e) the requirements of the Notice being served under the Building Code
Act are met and the entry is necessary to remove a building, restore a
site, remove an unsafe condition, Repair or demolish under the
provisions of the Building Code Act.
7.06 ORDER
1. An officer who finds that a property does not conform to any of the
Standards prescribed in this by-law may make an order,
a) stating the municipal address or the legal description of such property;
b) giving reasonable particulars of the Repairs to be made or stating that
the site is to be cleared of all buildings, structures, debris or Refuse
and left in a graded and leveled condition;
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c) indicating the time for complying with the terms and conditions of the
order and giving notice that, if the Repair or clearance is not carried out
within that time, the municipality may carry out the Repair or clearance
at the Owner's expense; and
d) indicating the final date for giving notice of appeal from the order.
7.07 SERVICE AND POSTING OF ORDER
1. The order shall be served on the Owner of the Property and such other
Persons affected by it as the Officer determines and a copy of the order may
be posted on the Property in a location visible to the public.
2. No Person shall obstruct the visibility of an order and no Person shall remove
a copy of an order posted under this Act unless authorized to do so by an
inspector, Officer or registered code agency.
3. The order shall sent by registered mail to the last know address or by sent by
the last known e-mail address.
4. An order sent by registered mail is deemed served five (5) days after the
registered mail has been sent.
5. An order sent by e-mail is deemed to have been served on the day sent
unless sent after 5 pm in which case the service date will be the following
day.
7.08 REGISTRATION OF ORDER
1. The order may be registered in the proper land registry office and, upon such
registration, any Person acquiring any interest in the land subsequent to the
registration of the order shall be deemed to have been served with the order
on the day on which the order was served under section 7.07 and, when the
requirements of the order have been satisfied, the Clerk of the Town shall
forthwith register in the proper land registry office a certificate that such
requirements have been satisfied, which shall operate as a discharge of the
order.
7.09 RECOVERY OF COSTS RELATIVE TO ORDER
1. Where an Owner or Occupant fails to comply with an order issued under this
bylaw within the time stipulated in the order the Corporation costs of such
further inspections of the Property, and such reports and further notification or
registrations as the Officer may deem appropriate shall be payable to the
Corporation by the Property Owner including disbursements as specified in
the Rates & Fees By-law.
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7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE
1. An Owner or Occupant who has been served with an order made under and
who is not satisfied with the terms or conditions of the order may appeal to
the Committee by sending a notice of appeal by registered mail to the
secretary of the Committee within 14 days after being served with the Order.
2. An Owner or Occupant who appeals an order shall pay to the Clerk of the
Corporation the fee for the appeal as set out in the Towns Rates & Fees By-
law.
3. The Secretary of the Committee shall, upon receipt of the notice of appeal,
create a hearing date and shall provide notice of the hearing at least (14)
fourteen days prior to the hearing date.
4. A Person who files an appeal and does attend the Property Standards
Committee Appeal hearing the order will be confirmed.
Confirmation of order
5. An order that is not appealed within the time referred to in 7.10 (1) shall be
deemed to be confirmed.
Duty of Committee
6. The Committee shall hear the appeal.
Powers of committee
7. On an appeal, the Committee has all the powers and functions of the Officer
who made the order and the Committee may do any of the following things if,
in the Committee’s opinion, doing so would maintain the general intent and
purpose of the by-law and of the official plan or policy statement:
(a) Confirm, modify or rescind the order to demolish or Repair.
(b) Extend the time for complying with the Order.
Appeal to court
8. Any Owner or Occupant or Person affected by a decision under subsection
7.10 may appeal to the Superior Court of Justice by notifying the Clerk of
the Town in writing and by applying to the court within (fourteen) 14 days
after a copy of the decision is sent. The Owner or Occupant must pay the
fee specified in the Rates & Fees By-law.
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Appointment
9. The Superior Court of Justice shall appoint, in writing, a time and place for
the hearing of the appeal and may direct in the appointment the manner in
which and the persons upon whom the appointment is to be served.
Judge’s powers
10. On the appeal, the judge has the same powers and functions as the
Committee.
Effect of decisions
11. An order that is deemed to be confirmed under or that is confirmed or
modified by the Committee or a judge, shall be final and binding upon the
Owner and Occupant who shall carry out the Repair or demolition within the
time and in the manner specified in the order.
12. The Secretary of the Committee shall give a copy of its written decision to
the appellant and the Officer who issued the order.
7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH
1. If an order is not complied with in accordance with the order as deemed
confirmed or as confirmed or modified by the Committee or a judge, the Town
may cause the Property to be repaired or demolished accordingly.
Warrantless entry
2. For the purpose of subsection 7.11(1), employees or agents of the Town may
enter the Property at any reasonable time without a warrant in order to repair
or demolish the Property.
No liability
3. Despite subsection 31 (2) of the Building Code Act, a municipal corporation or
a person acting on its behalf is not liable to compensate the Owner, Occupant
or any other person by reason of anything done by or on behalf of the
municipality in the reasonable exercise of its powers.
Lien
4. The municipality shall have a lien on the land for the amount spent on the
repair or demolition under 7.11(1) and the amount shall have priority lien
status as described in section 1 of the Municipal Act, 2001.
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7.12 CERTIFICATE OF COMPLIANCE
1. Following the inspection of a Property, the Officer may, or on the request of
the Owner shall, issue to the Owner a certificate of compliance if, in his
opinion, the Property complies with the standards of this by-law. The fee
payable for a certificate of compliance issued at the request of the Owner
shall be as set out in the Rates & Fees By-law.
PART 8
EMERGENCY POWERS
8.01 EMERGENCY ORDERS
1. If, upon inspection of a building, an Officer is satisfied that a building poses an
immediate danger to the health or safety of any person, the Chief Building
Official may make an order containing particulars of the dangerous conditions
and requiring remedial repairs or other work to be carried out forthwith to
terminate the danger.
8.02 SERVICE
1. The order shall be served on the Owner of the Property and each Person
apparently in possession of the building and such other Persons affected
thereby as the Chief Building Official determines and a copy shall be posted
on the building.
8.03 EMERGENCY POWERS
1. After making an order under section 8.01, the Chief Building Official may,
either before or after the order is served, take any measures necessary to
terminate the danger, and, for this purpose, the Chief Building Official, an
Officer and their agents may at any time enter upon the land and into the
building in respect of which the order was made without a warrant.
2. The Officer, the municipality or anyone acting on behalf of the Municipality is
not liable to compensate the Owner, Occupant or any other person by reason
of anything done by or on behalf of the Chief Building Official or an Officer in
the reasonable exercise of his or her powers under section 8.03.
3. If the order was not served before measures were taken to terminate the
danger, the Officer shall serve copies of the order in accordance with section
8.02 as soon as practicable after the measures have been taken, and each
copy of the order shall have attached to it a statement by the Officer
describing the measures taken by the Municipality and providing details of the
amount expended in taking the measures.
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8.04 SERVICE OF STATEMENT
1. If the order was served before the measures were taken, the officer shall
serve a copy of the statement mentioned in section 8.02 in accordance with
section 8.02 as soon as practicable after the measures have been taken.
8.05 APPLICATION TO COURT
1. As soon as practicable after the requirements of sections 8.02 and 8.04 have
been complied with, the Chief Building Official shall apply to a judge of the
Superior Court of Justice to confirm the order made under section 8.01 and
the judge shall hold a hearing for that purpose.
8.06 POWERS OF JUDGE
1. The judge in disposing of an application under section 8.05 shall,
a) confirm, modify or rescind the order; and
b) determine whether the amount spent on measures to terminate the
danger may be recovered in whole, in part or not at all.
8.07 ORDER FINAL
1. The disposition under section 8.06 is final.
8.08 MUNICIPAL LIEN
1. The amount determined by the judge to be recoverable shall be a lien on the
land and shall be deemed to be municipal real property taxes and may be
added by the Clerk to the collector's roll and collected in the same manner
and with the same priorities as municipal real property taxes.
PART 9
OFFENCES
9.01 FINES
1. Any Person who fails to comply with an order under the Building Code Act is
guilty of an offence and upon conviction shall be liable to a fine of not more
than $50,000 for a first offence and to a fine of not more than $100,000 for a
subsequent offence.
2. Every director of officer of a corporation who fails to comply with an order
under the Building Code Act is guilty of an offence and upon conviction shall
be liable to a fine not more than $500,000 for a first offence and $1,500,000
for a subsequent offence.
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PART 10
SEVERABILITY
10.01 SEVERABILITY
1. In the event that any provision or part of this By-Law is found to be invalid or
unenforceable for any reason whatsoever, then the particular provision or part
thereof shall be deemed to be severed from the remainder of the By-Law and
all other provisions or parts thereof shall remain in full force and shall be valid
and enforceable to the fullest extent permitted by law.
PART 11
REPEAL AND EFFECTIVE DATE
11.01 REPEAL AND EFFECTIVE DATE
1. That By-law No. 2023- _______ take effect immediately and that By-law No.
3638 and all associated amendments, passed by the Council of the Town of
Tillsonburg on the 13th day of August 2012 be hereby repealed.
READ A FIRST TIME AND SECOND TIME THIS________DAY OF________2023
READ A THIRD AND FINAL TIME AND PASSED THIS ___DAY OF _________2023.
_________________________
MAYOR – Deb Gilvesy
__________________________
TOWN CLERK – Tanya Daniels
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Subject: 2023 Playground RFP - Northcrest Phase II and Elliot Fairbairn
Report Number: RCP 23-25
Department: Recreation, Culture & Parks Department
Submitted by: Julie Columbus, Director
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
Recommendation:
A. THAT Council receive Staff Report RCP 23-25 2023 Playground RFP -
Northcrest Phase II and Elliot Fairbairn, as information; and
B. THAT Council awards both playground RFPs to Park n Water in the amount of
$125,388.30 (non-recoverable HST included) for Northcrest Phase II, and
$58,795.67 (non-recoverable HST included) for Elliot Fairbairn.
Background:
Northcrest Phase II is a new subdivision located north of North Street East. The
subdivisions development is almost complete. As part of the site plan design the
developer provided park space in the north west side of the subdivision and the town
budgeted for a playground, landscaping and site amenities. The park is ready for the
playground installation which will be well received by the new residents who have
purchased homes in the neighbourhood. This playground will be used by many
subdivisions in the immediate area.
Elliot Fairbairn playground was installed prior to year 2003 and was transported from a
different town location so its age is unknown, but at least 20+ years. Playground
structures, if maintained properly, reach end of life at approximately 15 years,
depending on variables such as ongoing maintenance, weather exposure and usage.
In 2022, the Elliot Fairbairn playground had noted deficiencies during its final
inspection. The swings were noted as unsafe and chain was replaced. The playground
unit has passed its life expectancy. Concerns were raised around the safety of the
entire play structure and swing set upon a site visit by the Parks Supervisor. This
playground was noted for replacement in 2023 as part of the playground replacement
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RCP 22-22
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program. Staff receive many inquiries about when the playground will be replaced, the
new unit and swings will be a great addition to the south east area of town.
DISCUSSION
An RFP was created to obtain proposals and costing for replacement playground units,
including supply, delivery and installation of a playground, as well as supply of
engineered wood fiber chips for AODA compliant surfacing. A review committee was
established to evaluate the submissions which included the Director of Finance,
Manager of Parks and Facilities, and Supervisor of Parks.
Northcrest Phase II Playground Budget: $130,000.00
The following seven (7) proposals were received exclusive of HST:
COMPANY QUOTE
EXCL. HST
QUOTE
INCL. NON-RECOVERABLE
HST
Park N Water $123,219.63 $125,388.30
New World $121,000.00 $123,129.60
Park n Play $127,481.72 $129,725.40
ABC Recreation $129,932.77 $132,219.59
PlayPower $129,572.00 $131,852.47
Henderson $129,985.00 $132,272.74
Open Space $130,000.00 $132,288.00
The Park n Water playground submission is suitable for 1.5 to 12 years old and
includes:
-three slide units including one Twisty Viper slide
-five double-sided accessible, inclusion play panels
-annex H accessible transfer platform
-climbing net
-monkey bars
-five climbing access points including a rock climbing wall
-two standalone units with different heights
-two decorative shade tops
-swing set with two toddler, two belt and one multi-generational
-comet spinner
-a serenity spot (children with special focus, to interact or find calm,
intergenerational)
-two interactive stand alone play stations
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RCP 22-22
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-spring ride on unit for two children
Elliot Fairbairn Playground Budget: $60,000.00
The following seven (7) proposals were received exclusive of HST:
COMPANY QUOTE
EXCL. HST
QUOTE
INCL. NON-
RECOVERABLE HST
Park N Water $57,778.76 $58,795.67
Park n Play $57,444.06 $58,455.08
New World $58,000.00 $59,020.80
PlayPower $59,091.00 $60,131.00
Open Space $59,980.00 $61,035.65
ABC Recreation $59,988.90 $61,044.70
Henderson $59,990.00 $61,045.82
The Park N Water playground submission is suitable for 1.5 to 12 years old and
includes:
-two slide units including one twist slide
-two accessible, inclusion play panels
-annex H accessible transfer platform
-climbing options
-megaphone/fun phone station
-drive thru play station
-swing set with one toddler, one belt and one multi-generational swing
-balance beam
-spring ride on unit
The products used also address the 2023 Council Priorities to be more environmentally
focused as Burke manufactures 25% to 100% of recycled materials for their
equipment. Each playground will include supply and install of Engineered Wood Fibre
chips to meet AODA regulations.
The supply and delivery of the playgrounds will be 8 to 10 weeks once order is
confirmed.
CONSULTATION
This report has been prepared in consultation with the RCP Director, Manager of Parks
& Facilities, Supervisor of Parks and Director of Finance.
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FINANCIAL IMPACT/FUNDING SOURCE
The 2023 approved Capital Budget contains funding for the playground replacement
program, which includes Elliot Fairbairn with $60,000 being allocated to the project.
Northcrest Phase II was a carry-forward Capital Budget project with an allocation of
$130,000 for the playground component.
Both proposals received are below budget.
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 Direction – Target new programs, services, amenities and attractions that
will be a magnet for young families.
Priority Project – N/A
ATTACHMENTS
#1 - 3 - Playground Proposal – Northcrest Phase II
#4 - 6 - Playground Proposal – Elliot Fairbairn
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Subject: Amendment to Policy 9-010: Sports Facilities Allocation Policy
Report Number: RCP 23-24
Department: Recreation, Culture and Parks Department
Submitted by: Andrea Greenway, Recreation Programs & Services Manager
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
RECOMMENDATION
A. THAT Council receives report RCP-23-24, Amendment to Policy 9-010: Sports
Facilities Allocation Policy; and
B. THAT Council approves and adopts the revised Sports Facilities Allocation Policy
for the Town of Tillsonburg as presented.
BACKGROUND
On April 27, 2020 Council passed the following resolution regarding the Sports Facilities
Allocation Policy:
THAT Council receives Report RCP 20-17 Sports Facilities Allocation Policy;
AND THAT Council approves and adopts the Sports Facilities Allocation Policy
for the Town of Tillsonburg.
At the Recreation and Sports Advisory Committee on May 4, 2023 the Committee
passed the following resolution:
THAT the Recreation and Sports Advisory Committee receives report RCP-23-
01, Amendment to Policy 9-010: Sports Facilities Allocation Policy;
AND THAT the Recreation and Sports Advisory Committee approves and adopts
the revised Sports Facilities Allocation Policy for the Town of Tillsonburg as
presented;
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RCP 23-24 Choose an item. Click or tap here to enter text.
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AND THAT the Recreation and Sports Advisory Committee recommendation be
brought forward to Council for consideration.
The Town’s current Sports Facilities Allocation Policy was adopted by Town of
Tillsonburg Council and has been implemented in the Recreation, Culture and Parks
Department. The current policy is effective and the amendments are administrative and
operational in nature. The changes were reviewed and supported by the Recreation and
Sports Advisory Committee and is being brought forward to Council for consideration.
DISCUSSION
The Sports Facilities Allocation Policy has been implemented by the Recreation, Culture
and Parks department in order to ensure a fair and effective allocation of Recreation via
indoor and outdoor sports facilities. The policy applies to facilities that user groups are
required to book in advance such as arenas and ball diamonds but does not apply to
public spaces that do not require facility bookings such as tennis courts or the outdoor
pad.
The purpose of the Sports Facilities Allocation Policy is to adhere to the following
guiding principles:
Maximize utilization of sports facilities by participants, clubs, organizations and
guests
Consider the needs of youth in the community
Have age appropriate times available to user groups
Strive to ensure fair access to fields and recreational amenities
Allow flexibility to meet the needs of sports associations and other users
Establish uniform criteria and procedures for the reservation and use of sports
facilities
Facilitate scheduling that will support proper and sufficient maintenance and
repair of sports facilities and ensuring long term quality of these
Permit the planning and implementation of special sport events and programs in
which a large number of people are expected to participate
Ensure that the town’s sports facilities are used for the benefit of the entire
community
Balance the needs of user groups, casual participants and the town
Promote and encourage participation in sports to the overall benefit of the
community
Guide user groups through the process of booking sports facilities
There are 2 recommended amendments to the policy:
1. Add that payments can be made online in both Schedule A and Schedule B of
the policy
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2. Change the cancellation notification period from 3 days to 7 days’ notice in
Schedule A of the policy.
The first recommended amendment, adding that payments can be made online, is an
administrative update to reflect current practices since the implementation of a new
recreation software program in 2021.
The second amendment, changing the cancellation notice period to 7 days, is
operational and takes into account several factors including increased revenue
opportunities, increased opportunities to maximize the use of the facilities and best
practices in neighbouring municipalities.
Increased revenue opportunities
In the 2022/2023 season 18% of ice bookings were cancelled. This represents a total of
$84,696 in potential missed revenue opportunities. The total excludes any inclement
weather cancellations which are beyond the control of user groups. While our software
system cannot produce a report on how much cancelled ice time was booked by other
user groups, with the short turnaround time we are often unable to fill the spots.
Increased opportunities to maximize the use of facilities
One of the guiding principles in the allocation process is to maximize utilization of sports
facilities by participants, clubs, organizations and guests. With a 7-day notice period
staff will have time to follow up with other user groups to see if they can use the
cancelled ice time. A 7-day period would provide sufficient time for user groups to
change their schedule and contact participants regarding the additional ice time. Current
user groups receive priority as per the allocation policy and the 7-day turnaround would
allow for time for the user groups to determine if they could utilize the ice time. If no user
groups are able to use the ice time staff can then post the last minute ice availability for
the general public to book. This can be posted through the booking software and social
media to try and fill the timeslot.
Best practices in neighbouring municipalities
In reviewing cancellation notice periods in neighbouring municipalities, Tillsonburg has
the most lenient cancellation notice period. The chart below presents the findings:
Municipality Cancellation notice period
Town of Tillsonburg 3 days
Town of Ingersoll 7 days
Township of Norwich 7 days
City of Woodstock 30 days
South Huron No cancellations
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Norfolk County 3 days - in process of updating to 7 days
City of London 14 days
Thames Centre 3 days
While cancellation notice periods vary, the minimum timeframe that neighbouring
municipalities require is 7 days. A 3-day notice period is the lowest by comparison. Staff
are recommending a 7-day cancellation period in order to bring Tillsonburg more in line
with neighbouring municipalities and to operate more efficiently. Staff have also had
discussions with the Manager, Facility Operations in Ingersoll and with the
amalgamation of minor hockey associations Tillsonburg and Ingersoll would align with a
7-day notice period should this recommendation be approved which would provide
consistency for user groups.
On May 4th, a report was presented to the Sports and Recreation Committee who
supported staff’s recommendation to move to a 7-day cancellation period.
CONSULTATION
Recreation and Sports Advisory Committee, Neighbouring municipalities, RCP Director,
Programs and Facilities Registrar, Town of Ingersoll Manager, Facility Operations
FINANCIAL IMPACT/FUNDING SOURCE
There is no financial impact related to this report, however should ice be re-booked
more easily due to the change in the cancellation timeframe there would be a positive
impact on revenue. The current 3-day cancellation notice has resulted in $84,696 of lost
revenue from ice bookings that were cancelled within the 3-day notice period.
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.
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Goal – Within the community, Tillsonburg will strive to offer residents the amenities,
services and attractions they require to enjoy balanced lifestyles.
Strategic Direction – Increase opportunities to enjoy culture, events and leisure
activities in Tillsonburg.
Priority Project – N/A
ATTACHMENTS
Appendix A - 9-010 Sports Facilities Allocation Policy Amendments - REDLINE
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9-010 Page 1 of 14
RECREATION, CULTURE AND PARKS
Policy 9-010: Sports Allocation Policy
Approval Date: April 27, 2020
Approval Authority: Council Resolution
Effective Date: April 27, 2020
Next Scheduled Review Year:
Department: Recreation, Culture and Parks
Last reviewed: Month, DD, YYYY
Revision Date/s:
Schedules:
Schedule A: Arena Request Application
Schedule B: Ball Diamond Request Application
POLICY STATEMENT
This policy is intended to establish guidelines for the fair and effective allocation of the
Recreation, Culture and Parks indoor and outdoor sports facilities for the Town of
Tillsonburg. The policy applies to facilities that user groups are required to book in
advance such as arenas and ball diamonds but does not apply to public spaces that do
not require facility bookings such as tennis courts or the outdoor pad.
PURPOSE
The purpose of this policy is to clearly define and communicate how indoor and outdoor
sports facilities in the Town of Tillsonburg will be allocated and distributed in a
consistent and equitable manner. The Town of Tillsonburg Recreation, Culture and
Parks Department is committed to fair allocation of sports facilities and will adhere to the
following guiding principles:
Maximize utilization of sports facilities by participants, clubs, organizations and
guests;
Consider the needs of youth in the community
Have age appropriate times available to user groups.
Strive to ensure fair access to fields and recreational amenities
Allow flexibility to meet the needs of sports associations and other users
Establish uniform criteria and procedures for the reservation and use of sports
facilities
Facilitate scheduling that will support proper and sufficient maintenance and
repair of sports facilities and ensuring long term quality of these
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9-010 Page 2 of 14
Permit the planning and implementation of special sport events and programs in
which a large number of people are expected to participate;
Ensure that the town’s sports facilities are used for the benefit of the entire
community;
Balance the needs of user groups, casual participants and the town.
Promote and encourage participation in sports to the overall benefit of the
community.
Guide user groups through the process of booking sports facilities.
SCOPE
This policy outlines the criteria used to determine how the community will share facilities
that are scheduled by the Town of Tillsonburg. The policy ensures that procedures to
reserve a specific space and time slot will be simple, transparent, and uniformly applied.
The Sports Facilities Allocation Policy applies to all sports facilities that are available for
booking in the Recreation, Culture & Parks department for the purpose of recreational,
educational, athletic or social activities. This policy does not establish fees. Fees and
any applicable discounts are established through the Rates & Fees by-law subject to
Council approval.
AUTHORITY
The Director of Recreation, Culture and Parks or designate shall be responsible for
administering this policy.
DEFINITIONS
1. Town of Tillsonburg sponsored programs and events
Town of Tillsonburg sponsored programs and events are either drop-in programs
(i.e.: public skating), instructional programs which are open to the public or a
targeted group, and Town events that are in which a large number of people are
expected to participate and that benefit the community.
2. Minor Sport/Children and Youth Programs
Children and youth programming includes minor sports activities and school
programs organization primarily for children less than 19 yrs of age to qualify as
a youth group.
3. Adult Sport Groups
Adult sport groups are groups with members over the age of 19 years or groups
which participate in adult sport leagues.
4. Occasional Groups
Rental groups which book occasionally & payment is due at the time of booking
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IMPLEMENTATION PROCEDURE
The Recreation, Culture and Parks Department offers programs and activities to Town
of Tillsonburg residents. Once the needs of the Town have been satisfied the remaining
sports facilities available time slots will be made available to groups and individuals.
Should there be more demand than supply for the remaining time it shall be allocated in
accordance with the Sports Facilities Allocation Policy and the formulas/guidelines
described in this section.
1. Priority – User Type criteria
The following criteria shall be used for the allocation of sports facilities:
1. Town of Tillsonburg sponsored programs and events
2. Minor Sport/Children and Youth Programs
3. Adult Sport Groups
4. Occasional Groups
2. Priority – Allocation criteria
1. User Type Priority ranking
2. Number of registered participants for groups within the same category, if
applicable
3. Historical use
4. Intended facility usage
5. Seasonal requirements
3. New User Groups
New user groups may be included in the allocation once the conditions and
criteria of this policy are met and if existing affiliated users will not be adversely
affected. Given that new groups have the potential of reducing the number of
hours available to existing users, new user groups will only be considered in
cases where a program provides a service to previously un-serviced segments of
population or where a new program is being introduced.
4. Bookings and Communication
Communication is a vital component of the bookings and allocations process.
The booking process will be communicated to user groups by the Programs and
Facilities Registrar in the Recreation, Culture and Parks department with clear
timelines of allocation request deadlines and contract issue date as well as when
schedules will be finalized. See attached Schedule A for ice allocation timelines
and Schedule B for ball diamond allocation timelines.
Late submissions received following the deadline for allocation requests will be
held until all other applicants have been accommodated.
The Recreation, Culture & Parks Department reserves the right to cancel
bookings at any time for the purpose of repairs to indoor or outdoor facilities, for
Departmental or Town wide events as required, or for any other reasonable
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circumstances. In the event of such cancellation, the affected groups will be
provided as much notice as possible.
5. Outstanding Accounts
No user group or independent user will be allocated sports facilities during the
seasonal booking/scheduling process if there is an outstanding account from the
previous season. User groups with outstanding accounts will be denied booking
privileges until outstanding accounts past 60 days are paid in full.
6. Allocation of Time
On an annual basis the Programs and Facilities Registrar will develop Allocation
Matrices for sports facilities which best reflects the expressed needs of the users
and application of this Policy’s directives and guides. The Town of Tillsonburg
reserves the right to reassign sports facilities annually as required. No user group
is guaranteed the same time slots from a prior season.
7. Use of Allocated Time
Once time has been allocated by the town, each user group is responsible to
distribute its allocation amongst its various teams in accordance with established
rules of its organization and in keeping with the principles of this policy.
8. Sports Facilities Maintenance
It is the responsibility of user groups to provide schedules for each of the
facilities that they are allocated so that appropriate maintenance may be
performed. If no schedules are provided the Town may discontinue
maintenance of these facilities.
The Town does attempt to be flexible in accommodating user groups but
ultimately the health and safety of the user and the condition and playability of
the facilities takes priority. This may require closure, denial of use and/or
suggested alternate sites.
Sports facilities may be closed at the discretion of the Town. Closures are
kept to a minimum when conditions remain usable. Priority is given to
maintenance needs and rest and regeneration periods for all sports facilities.
The Town may close all or part of a park, sports field or facility for any of the
following reasons:
o Town engages in work involving any of the facility
o When the health and safety of participants is threatened due to
impending conditions, including but not limited to rain, poor surface
conditions, damage to fields and weather alerts.
Requests to modify or improve any town sports facility shall be submitted in
writing to the Program and Facilities Registrar for review and if approved by
Town staff, will be submitted to Council for consideration.
Town staff will review facility conditions and maintenance schedules will be
communicated to user groups annually.
INCLEMENT WEATHER/POOR FIELD CONDITIONS: The town reserves the
right to cancel or suspend permits for games, practices or other uses
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whenever facility conditions could result in damage to the sports fields or
injury to players.
The Parks & Facilities Manager, or designate, shall have the authority to close
any or all facilities whenever weather or field conditions dictate. Assessment
results will be emailed to user groups upon release.
During inclement weather, it is the responsibility of user groups to check the
email accounts provided in their application before every game or by calling
the Community Centre at 519-688-9011. Facility closure information will also
be posted on the Town’s website.
Rain Out Procedures- In an effort to help reduce personal injury and
unnecessary and expensive repairs and maintenance to Town of Tillsonburg
owned sports fields, rain out procedures were created to determine when
Sports Fields are unplayable due to rain. Sports Fields will be considered
unplayable if the following conditions exist: Visual ponding of water on the
surface of the field/diamond; and Water sponging up around your feet when
walking on the field/diamond. If either of the above conditions exists, then the
event, practice and/or game will be cancelled or rescheduled until such time
as the Sports Field is deemed playable. When/if the Sports Field is deemed
unplayable by the designated Town staff and/or the Event/League Permit
Holder, all activity/play on the Sports Field will cease immediately until such
time as the field/diamond is re-evaluated and deemed playable by designated
Town staff and/or the Event/League Permit Holder.
User groups cannot play on sports facilities that have been closed. If play
does take place the Town may bill the user for damages.
The contract holder will be responsible for all damages to the sports facility.
Only authorized Town staff is permitted to re‐open a previously closed sports
facility.
9. Code of Conduct
The RZone – Responsible Behaviour in Recreation Spaces Policy is a code of
conduct policy, which enforces a set of expectations to address inappropriate
behaviours, violence and vandalism that negatively affects the experience of
individuals or creates unsafe conditions. The RZone policy identifies how these
behaviours will be addressed when it occurs within any Town facility. The Town
encourages and supports all organizations using sports facilities to take primary
responsibility for developing, implementing and managing their specific behaviour
management policies to align with the Town’s RZone Policy.
Organizations and users of Recreation, Culture and Parks sports facilities or
properties are responsible for the behaviour of everyone associated with them,
including participants, officials, spectators, patrons, parents, guests, etc.
10. Responsibilities
The Town of Tillsonburg Recreation, Culture and Parks Department shall be
responsible for managing, allocating and distributing sports facilities on an annual
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basis to reflect the guiding principles in the Sports Facilities Allocation Policy in
addition to applying municipal, provincial and federal directives where required.
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Schedule A
SEASONAL ARENA FACILITY REQUEST APPLICATION
Please include preferred ice times including day of week, time and arena. This will
enable staff to begin to map out the upcoming seasonal arena schedule. It should not
be assumed that previous year's ice time is automatically your organizations. Every
effort will be made to accommodate your requests; however, your first choice may not
be always available. When contracts are signed by organization representative and
town staff, ice time is then confirmed. Complete form entirely and please print clearly.
Dates to Remember:
Season Application Due Date TCC will confirm request
Spring/Summer (Apr-Aug) January 15 February 28
Fall/ Winter (Sept-Mar) May 31 July 31
APPLICATION INFORMATION
Group/League Name Applicant’s Name (primary contact)
E-Mail Address
Mailing Address Postal Code
Resident Telephone # Daytime Telephone # Fax #
Secondary Contact Name E-Mail Address Daytime Telephone #
AGE CATEGORY TYPE OF ACTIVITY REQUEST
TYPE
Youth (19 years & under) Minor Hockey Figure Skating
Renewal
Adult (20 years & over) Ringette Adult League New
Request
Hockey Schools Youth
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INSURANCE REQUIREMENTS
All users are required to obtain and maintain insurance coverage in the amount of
$5,000,000 for public and general commercial liability insurance and must name the
Town of Tillsonburg as additional insured. If you have your own insurance, you will be
required to supply a Certificate of Insurance to the Town prior to the issuance of a rental
contract.
Will provide Certificate of Insurance Requests Tillsonburg Community
Centre to purchase insurance
Game Day Insurance and billed
organization.
FACILITY REQUEST:
Day(s) of
Week
# of Arenas
Required Time(s)
Type
G = Game
P = Practice
Duration
Contract Start Date Contract End Date
Tournament/Special Event Facility Request
Date # of Arenas Start Time End Time Additional Requests
Rooms, Mic, TV, VCR
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ARENA RENTAL - CONTRACT CONDITIONS
1. Any individuals, groups or organization (tenants) renting the facilities and equipment
will be held responsible for any and all damages that occur while they are renting the
above referenced facilities and equipment. The Town of Tillsonburg and its staff will
not be held responsible for any lost, stolen or damaged articles.
2. A rental contract is not considered valid until the required payment/deposit and
signed contract is received.
3. Arena users will be issued contracts for all ice time booked. Read through the dates
and times on your contract carefully. If ice time is not on your contract, ice time is
NOT booked for you.
4. In signing your Facility Contract, you agree to comply with the requirements,
procedures and policies as outlined in these Terms & Conditions, Municipal Alcohol
Policy and Alcohol & Gaming Commission regulations.
5. Rates are established annually and subject to change. (Year of actual event will
have that year's rental rate applied, regardless of booking date.)
6. At least 72 hours (3 days) 168 hours (7 days) WRITTEN cancellation notice is
required. Cancellation notice may be delivered as follows: Fax 842-4120, email
staff or in person to the Tillsonburg Community Centre Customer Service Desk
during regular business hours. Notice of less than 72 hours (3 days) 168 hours (7
days) will result in charges being levied for ice not re-booked at its resale value; i.e.
prime-time or non prime-time rates.
7. Payment is to be made online or at the Community Centre Main Office during
business hours. We accept cash, Visa, MasterCard, Debit or a personal cheque.
(Please note a $35.00 NSF cheque fee will be applied)
8. Seasonal Ice Users will be billed monthly. In the event the account falls in arrears,
the balance of scheduled ice bookings will be in jeopardy. Seasonal Ice Users who
have failed to settle their account promptly at season's end will be required to settle
their account before any additional ice bookings can be made.
ANY DISCREPANCIES IN ACCOUNT INVOICING MUST BE REPORTED AND
RECONCILED WITHIN 30 DAYS OF THE BILLING DATE.
9. Occasional Ice Users must be 18 years of age or older to reserve the facilities. This
must be paid at the time booking. Receipt of payment must be presented to the
Facility Operator upon request, to gain entrance to the ice.
10. Alcohol and smoking in both arenas and all dressing rooms are strictly prohibited.
Alcohol beverages are NOT permitted on the premises without a Special Occasion
Permit. We have a Municipal Alcohol Policy stating ZERO tolerance for alcohol
consumption without proper permits.
11. The operators of this recreation facility strongly recommend that CSA approved
safety equipment including head, eye and face protection, are worn by all
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participants. The Town of Tillsonburg, through the Director of Recreation, Culture
and Parks, reserves the right to cancel and/or alter dates and/or times on this
contract, as it deems necessary. Under no circumstances will the Town of
Tillsonburg and/or its employees be responsible for any damages, financially or
otherwise, which may be incurred by the contract holder and/or participants.
12. At the time of contract signing, a complete Seasonal Arena Terms & Condition will
be reviewed and signed at the representative of the organization.
I hereby certify that I have read and agree to be bound by the contract and the terms
and conditions listed herein, and hereby warrant and represent that I have authority to
execute this contract and have authority to bind the Licensee.
Print Name:_____________________________
Signature:_______________________________
Please return the form to: Tillsonburg Community Centre
45 Hardy Ave, Tillsonburg, ON N4G 3W9
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Schedule B
SEASONAL BALL DIAMOND REQUEST APPLICATION
Please include preferred diamond times including day of week, time and Ball Diamond.
This will enable staff to begin to map out the upcoming seasonal Ball Diamond
schedule. It should not be assumed that previous year's diamond time is automatically
your organizations. Every effort will be made to accommodate your requests; however,
your first choice may not be always available. When contracts are signed by
organization representative and town staff, diamond time is then confirmed. Complete
form entirely and please print clearly.
Dates to Remember:
Season Application Due Date TCC will confirm request
Spring/Summer (Apr-Sept) December 15 February 1
APPLICATION INFORMATION
Group/League Name Applicant’s Name (primary contact)
E-Mail Address
Mailing Address Postal Code
Resident Telephone # Daytime Telephone # Fax #
Secondary Contact Name E-Mail Address Daytime Telephone #
AGE CATEGORY TYPE OF ACTIVITY REQUEST
TYPE
Youth (19 years & under) Men’s Slo Pitch Minor Ball
Renewal
Adult (20 years & over) Ladies Slo Pitch Clinics New
Request
Special Olympics Tournaments
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9-010 Page 12 of 14
INSURANCE REQUIREMENTS
All users are required to obtain and maintain insurance coverage in the amount of
$5,000,000 for public and general commercial liability insurance and must name the
Town of Tillsonburg as additional insured. If you have your own insurance, you will be
required to supply a Certificate of Insurance to the Town prior to the issuance of a rental
contract.
Will provide Certificate of Insurance Requests Tillsonburg Community
Centre to purchase insurance
Game Day Insurance and billed
organization.
FACILITY REQUEST:
Please list preferred Ball Diamond(s):
Note: This does not guarantee that you will be assigned your preferred Ball Diamond.
Day(s) of
Week
Name of Ball
Diamond
Required
Time –
Please list
all time slots
Type
G = Game
P = Practice
Duration (Season length)
Contract Start
Date Contract End Date
Tournament/Special Event Facility Request
Date # of Ball
Diamonds Start Time End Time Additional Requests (ie. Picnic
tables, canteen)
BALL DIAMOND RENTAL - CONTRACT CONDITIONS
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9-010 Page 13 of 14
a. Any individuals, groups or organization (tenants) renting the facilities and equipment
will be held responsible for any and all damages that occur while they are renting the
above referenced facilities and equipment. The Town of Tillsonburg and its staff will
not be held responsible for any lost, stolen or damaged articles.
b. A rental contract is not considered valid until the required payment/deposit and
signed contract is received.
c. Ball Diamond users will be issued contracts for all diamond time booked. Read
through the dates and times on your contract carefully. If diamond time is not on
your contract, diamond time is NOT booked for you.
d. In signing this Facility Contract, you agree to comply with the requirements,
procedures and policies as outlined in these Terms & Conditions, Municipal Alcohol
Policy and Alcohol & Gaming Commission regulations.
e. Rates are established annually and subject to change. (Year of actual event will
have that year's rental rate applied, regardless of booking date.)
f. Payment is to be made online or at the Community Centre Customer Service Desk
during business hours. We accept cash, Visa, Amex, Master Card, Debit or a
personal cheque. (Please note a $35.00 NSF cheque fee will be applied)
g. Seasonal Diamond Users will be billed as the contracts are confirmed. In the event
the account falls in arrears, the balance of scheduled diamond bookings will be in
jeopardy. Seasonal Diamond Users who have failed to settle their account promptly
at season's end will be required to settle their account before any additional diamond
bookings can be made.
ANY DISCREPANCIES IN ACCOUNT INVOICING MUST BE REPORTED AND
RECONCILED WITHIN 30 DAYS OF THE BILLING DATE.
h. Occasional Diamond Users must be 18 years of age or older to reserve the facilities.
This must be paid at the time booking.
i. Alcohol beverages are NOT permitted on the premises without a Special Occasion
Permit. We have a Municipal Alcohol Policy stating ZERO tolerance for alcohol
consumption without proper permits.
j. The Town of Tillsonburg, through the Director of Recreation, Culture and Parks,
reserves the right to cancel and/or alter dates and/or times on this contract, as it
deems necessary. Under no circumstances will the Town of Tillsonburg and/or its
employees be responsible for any damages, financially or otherwise, which may be
incurred by the contract holder and/or participants.
k. At the time of contract signing, a complete Seasonal Ball Diamond Terms &
Condition will be reviewed and signed as the representative of the organization.
Proof of Insurance is required at this time.
I hereby certify that I have read and agree to be bound by the contract and the terms
and conditions listed herein, and hereby warrant and represent that I have authority to
execute this contract and have authority to bind the Licensee
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9-010 Page 14 of 14
Print Name:_____________________________
Signature:_______________________________
Please return the form to: Tillsonburg Community Centre
45 Hardy Ave, Tillsonburg, ON N4G 3W9
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Page 1 of 4
Subject: Naturalized Areas Implementation
Report Number: RCP 23-22
Department: Recreation, Culture and Parks Department
Submitted by: Matt Johnson, Manager of Parks and Facilities
Meeting Type: Council Meeting
Meeting Date: Tuesday, May 23, 2023
RECOMMENDATION
A. THAT report RCP 23-22, Naturalized Areas Implementation be received; and
B. THAT the sites listed in report RCP 23-22 be approved for preparation and
installation of naturalized areas locations.
1. Turtle Garden (McLaughlin Way)
2. Trans Canada Trail (4th to North Trailhead)
3. Summer Place (butterfly garden redesign/delegation)
4. Delevan Crescent (forest edge garden)
5. Annandale ballfield #5/parking area
6. Borden Crescent
7. Cadman Park (pending LPRCA approval)
8. Carroll trail entrance
9. Coronation Park
10. Glendale Park
11. Lake Lisgar/Hawkins Bridge
12. Langrell storm water pond
13. Participark (x2)
14. Trans Canada Trail (Tillson Ave entrance)
15. Carroll Trail/John Pound Road (tunnel)
16. Trottier Park
17. Tillsonburg Cemetery (butterfly garden rebuild)
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RCP 23-22 Choose an item. Click or tap here to enter text.
Page 2 of 4
BACKGROUND
At the Council meeting dated October 11, 2022, the following resolution was passed by
Council:
THAT RCP “….provide a report to the Parks, Beautification and Cemetery
Committee in April (2023) with recommended naturalized areas and that staff
bring back a report regarding the areas to be kept more natural rather than long
grass.”
Naturalization is the process of reducing the amount of cultivated turf in a yard, park,
greenspace or trail. These nature areas are designed to have environmental benefits for
the local flora and fauna to grow successfully, without the use of pesticides, herbicides
and ornamental plants. Naturalized Areas create a habitat for birds, butterflies and other
wildlife to shelter, feed and breed. These designated areas are typically marked by
educational signage and are managed within a visible boundary between the manicured
turf and the naturalized area, making them stand out from a manicured lawn or garden.
Once these areas are installed and established, they are proven to reduce maintenance
costs, such as grass mowing, trimming, spraying etc. They promote an enhanced
ecosphere by providing environmental quality (i.e. air, water, soil) to the surrounding
area.
An important part of accepting naturalized lawns and gardens in any setting, is letting go
of the “perfect lawn” (perfectionism) mentality and finding the beauty in a natural setting.
This can be embrace what is already naturally existing on rural properties such as
hedge-lines, riparian zones, around lakes (trees, shrubs, and plants protecting the
shoreline from erosion and pollutants), grassy meadows and forests and their
undergrowth.
DISCUSSION
In recent years, the Town of Tillsonburg has become more environmentally aware by
establishing policies that help maintain the natural beauty of the Town.
The first to be implemented was the “Saving Tillsonburg’s Canopy” project where the
Town worked with developers to include a tree planting program with new builds. Then
came the hiring of a Forestry Technician in 2022, who inventoried the trees on Town
lands, and was instrumental in planting trees on parklands.
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RCP 23-22 Choose an item. Click or tap here to enter text.
Page 3 of 4
To build on the success of the tree canopy project, Recreation, Parks and Culture staff
have recommended that the Town of Tillsonburg turn its focus to the implementation of
naturalized areas throughout our parklands and trails system. RCP currently contracts
the grass mowing in parks and greenspaces to GSL Ltd. from Delhi, ON and believe
that with installation of these “Naturalized Areas”, RCP could save as much as 15%
annually (2023 $9,900) on future mowing contracts (2025 contract renewal).
There are multitude of areas that can be established as “Naturalized Zones” and
securing these areas throughout the Town is increasingly important as Town loses land
to developments every year. RCP has already identified 16 Town owned properties that
will support this endeavor. The proposed sites were presented to the Beautification,
Parks and Cemetery Advisory at their April 25th meeting.
In conclusion, when we add naturalized spaces that better represent naturally occurring
landscape of the region, we set in motion beneficial attributes of these lands. It is
proven that when Naturalized areas are installed, they create macro and micro biomes
which attract native wildlife species, lower cost of maintenance, provide temporary
stress relief and a feeling of relaxation, increase aesthetics and can provide fruit bearing
trees and shrubs for residents to enjoy.
CONSULTATION
The Director of Recreation, Parks and Culture, Manager of Parks and Facilities,
Supervisor of Parks and Cemetery, Beautification, Parks and Cemetery Advisory
Committee.
FINANCIAL IMPACT/FUNDING SOURCE
The estimated initial startup costs for the naturalized area implementation program is
$5,000, with no future funding requirements due to the self-sustaining nature of the
program. Initial costs will be funded through the 2023 Council approved beautification
and trails operational budget lines, as well as potential sponsorships from local
businesses.
Future savings include reduced scope mowing contract costs commencing at the next
scheduled renewal (2025). Staff will further investigate possible savings opportunities
via amendment to the current mowing contract.
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RCP 23-22 Choose an item. Click or tap here to enter text.
Page 4 of 4
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 – Engage community groups, including advisory committees and
service organizations, in shaping municipal initiatives
Priority Project – Immediate Term - Enhanced tree planting; Short Term – Trail
system upgrades.
ATTACHMENTS
Naturalized Areas
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Proposed naturalized areas
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Page 1 of 3
The Corporation of the Town of Tillsonburg
Recreation & Sports Advisory Committee
May 4, 2023
5:30 p.m.
Council Chambers
MINUTES
Present:
Scott Vitias, Christy Milmine, Stephen Gradish, Taylor Campbell, Scott Gooding,
Christian Devlin, Joe Sym, Andrew Gradish, Councillor Chris Parker, Mayor Deb
Gilvesy, Susie Wray
.
Absent with Regrets:
Carrie Lewis
Also Present:
Andrea Greenway, Recreation Programs & Services Manager
Margaret Puhr, Administrative Assistant, Recreation, Culture and Parks
Michael Papaioannou, Frank Deutsch, John Twinem
1. Call to Order
The meeting was called to order at 5:36pm.
2. Adoption of Agenda
Resolution #1
Moved by: Scott Gooding
Seconded by: Stephen Gradish
THAT the Agenda as amended for the Recreation & Sports Advisory Committee
meeting of May 4, 2023, be adopted.
Carried
3. Minutes of the Previous Meeting Minutes
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Page 2 of 3
Resolution #2
Moved by: Deb Gilvesy
Seconded by: Stephen Gradish
THAT the Minutes for the Recreation & Sports Advisory committee be adopted.
Carried
4. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
5. General Business and Reports
5.1. Tillsonburg FC – presentation by John Twinem, Michael Papaioannou and Frank
Deutsch. Updated business plan is attached to the minutes.
Resolution #2
Moved by: Stephen Gradish
Seconded by: Joe Sym
THAT the Recreation and Sports Advisory Committee receive the single option that
the Town of Tillsonburg allow Tillsonburg FC to develop Guylveszi Park into another
soccer park.
Defeated
Resolution #3
Moved by: Deb Gilvesy
Seconded by: Stephen Gradish
THAT Resolution #2 be divided into two separate resolutions.
Carried
Resolution #4
Moved by: Deb Gilvesy
Seconded by: Scott Gooding
THAT the Recreation and Sports Advisory Committee recommend the Parks and
Recreation Master Plan investigate the need for additional soccer fields and
consider the presentation from TFC regarding additional fields located at Gyulveszi
Park;
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Page 3 of 3
And THAT TFC work with Tillsonburg Minor Soccer to come forward at a future date
in a cohesive manner to present a joint need for additional soccer fields.
Carried
5.2. Sports Allocation Policy report – presented by Andrea Greenway, with updates
as to the administrative efficiencies in allocation of facilities.
Resolution #5
Moved by: Joe Sym
Seconded by Susie Wray
THAT the Recreation and Sports Advisory Committee receives report RCP-23-01,
Amendment to Policy 9-010: Sports Facilities Allocation Policy;
AND THAT the Recreation and Sports Advisory Committee approves and adopts the
revised Sports Facilities Allocation Policy for the Town of Tillsonburg as presented;
AND THAT the Recreation and Sports Advisory Committee recommendation be
brought forward to Council for consideration.
Carried
5.3. Guylveszi park petition – the petition was initiated by the residents in the park’s
neighbourhood and delivered to council in April.
Resolution #6
Moved by: Scott Gooding
Seconded by: Taylor Campbell
THAT the Recreation and Sports Advisory Committee receive the petition as
information.
Carried
6. Next Meeting
June 1, at 5:30 p.m., Council Chambers, 200 Broadway, second floor.
7. Adjournment
The meeting was adjourned at 7:13 p.m.
Page 231 of 303
TillsonburgFC
A BUSINESS PLAN
For the
GYULVESZI PARK SOCCER FIELDS
REVITALIZATION PROJECT
Presented to
The Town of Tillsonburg
March 2023
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..2
EXECUTIVE SUMMARY
For many years soccer in Tillsonburg operated under a single corporate entity
encompassing both sanctioned competitive teams and non-sanctioned recreational
teams for all ages. Rule changes at the provincial level of soccer has made it
impossible for a single organization to continue in that manner. As a result, Tillsonburg
Football Club (TillsonburgFC) was established in 2017 and incorporated in 2020 to
maintain a local, sanctioned competitive soccer program in Tillsonburg.
TillsonburgFC is a member in good standing of governing bodies for competitive soccer
in Ontario – locally it is the Elgin Middlesex Soccer Association - along with Ontario
Soccer and Soccer Canada. TillsonburgFC’s 5-year strategic plan lays out a roadmap
towards doubling the number of youth players and teams in the Club by 2028, largely
due to a purposeful and focused plan to increase the development of female players,
coaches and match officials. As part of the requirements of participating in competitive
soccer, the Club must provide regulation size fields for each of the various age groups.
Soccer Canada has established an intermediate field size (60-75m x 42-55m) for U12
and U13 players. There are no good quality fields of this size in Tillsonburg that are
reliably available for the two teams TillsonburgFC will have in that age group in 2023,
and the Club intends to have three U12/U13 teams by 2026 and four by 2028.
Tillsonburg currently boasts one of the best soccer parks in Southwestern Ontario, with
three full fields, six mini fields, three micro fields and two non-standard size fields.
Tillsonburg also has three additional non-standard size unmaintained soccer fields at
Guylveszi Park. TillsonburgFC has prepared this business plan to demonstrate to the
Town of Tillsonburg that the Club has the capacity to meet the financial, organizational
and operational demands of a capital project to improve the conditions of the Gyulveszi
soccer fields in partnership with the Town. The primary objective is to provide two
competitive-quality intermediate size fields. A secondary objective is to accommodate
the projected growth of soccer in the region by improving the quality of the existing full-
size field at Gyulveszi and adding two mini-fields and other amenities to accommodate
overflow from Tillsonburg Soccer Park.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..3
MISSION & VISION
Mission Statement
TillsonburgFC is the community of Tillsonburg’s premier licensed competitive soccer
organization, embodying the spirit of “The Beautiful Game” through implementing the
Ontario Soccer Long-term Player Development Program and promoting both personal
and professional growth through soccer.
Vision
We aim for best-in-class soccer at the most affordable price for our members.
Values
• Providing a Fun/Enjoyable soccer related environment = #1 for all participants.
• Showing Respect to all club members and other soccer-related stakeholders.
• A connected soccer Community with unrivalled (competitive) soccer spirit.
• Equality/Equity for all and an Inclusive soccer-related environment
• High Quality soccer facilities/programming and developing excellent people.
• Practicing Sportsmanship and developing transferable (life/work) skills.
STRATEGIC OVERVIEW
When Tillsonburg Minor Soccer Club (TMSC) was first established almost a quarter of a
century ago, a single organization could operate with both sanctioned and unsanctioned
players, officials and directors. For many years competitive soccer players from
Tillsonburg met with great success under the banner of the Tillsonburg Titans – the
sanctioned, competitive part of TMSC. Ontario Soccer, the governing body of
competitive soccer in Ontario established and began enforcing updated club licensing
rules that prohibit that operating model. Either all players, officials and directors
involved with TMSC had to become sanctioned, or a separate entity had to be brought
into being. In 2017 the Titans component separated from TMSC and established itself
as Tillsonburg Football Club.
Operating for several seasons as an unincorporated community organization,
TillsonburgFC finally incorporated as a not-for-profit corporation in early 2020.
TillsonburgFC is committed to being a top-notch soccer club and has applied for a
Quality Soccer Provider Club License from Ontario Soccer. Among other things, to
succeed in obtaining this designation TillsonburgFC must commit to and deliver facilities
appropriate to the programs the Club provides. In 2022, the Club had no suitable field
available for the U12 Girls team in terms of dimensions and goal sizes at the Tillsonburg
Soccer Park. The situation will worsen in 2023 when both the (now) U13 girls and the
(now) U12 boys will need to use an intermediate size field. Further pressure will come
as the number of teams needing that size field grows to three in 2024 and four by 2026.
Please see Appendix A for a table showing player head count projections from 2022-
2028.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..4
To mitigate this shortfall in available fields with the proper configuration of size and net
dimensions, the Club proposes to work in close partnership with the Town of Tillsonburg
to reconfigure and upgrade the three existing poor quality soccer fields at Gyulveszi
Park into five safe and fully operational soccer fields. This initiative will in no way replace
or take away from the Tillsonburg Soccer Park’s pre-eminent role as the home of soccer
in Tillsonburg. It is intended to augment that facility and provide additional training and
match play field time to meet the growing demand.
PROJECT DESCRIPTION:
Gyulveszi Park Soccer Fields Revitalization Project
TillsonburgFC’s plan is for Gyulveszi Park to be purposefully upgraded to accommodate
Tillsonburg youth competitive soccer players from ages U8 to U16. The men’s and
women’s teams would continue to play and train at the Tillsonburg Soccer Park. As the
need for more intermediate soccer fields is urgent for the 2023 Season, TillsonburgFC
is proposing the following three phased approach to improve the fields at Gyulveszi
Park.
Phase 1 (Spring of 2023)
level land and bring soccer field turf and goals to competitive conditions (level,
smooth, free from hazards).
reseeding of the entire property
trim lower branches and/or remove trees on the north side of the property to
increase usable area of the park
cut down all trees on the east side of the park with the cooperation of the owner
of the neighboring property and tidy up the area to remove all drug paraphernalia
and garbage.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..5
NOTE: replacement trees will be established throughout the reconfigured park once
all the construction is completed.
Phase 2 (2024)
increase the size of the parking lot with the help from the Town of Tillsonburg
install field irrigation using town water or a sand point
trench utilities (sewer, water & electricity) from Peach St. to the north side of the
park
install 5-metre-high chain link fencing on the south side of intermediate field (+/-
80 metres) and the main soccer field (+/- 110m) to retain balls in the park
Phase 3 (2025)
build a structure on the north side of the park for shelter, dressing rooms, a small
canteen and equipment storage space
FUNDRAISING PLAN
TillsonburgFC will execute a capital fundraising program to cover the costs of all the
soccer-related improvements. The comprehensive fundraising program will pursue
grants, business sponsorships, service club support and donations from the community.
Grants
TillsonburgFC will apply to grant programs made available by the Province of Ontario,
the Government of Canada, the Ontario Trillium Foundation, and the Oxford Community
Foundation, the Cowan Foundation and as many other grant opportunities as can be
identified.
Business Sponsorships
TillsonburgFC has developed a business sponsorship program to secure financial
support from local companies and has already obtained significant commitments
towards the funds required for Phase 1 of the project. This program will require the
support to be recognized through permanent signage within the vicinity of the park. The
sponsorship program will also be an ongoing mechanism for securing funds towards the
ongoing maintenance of the fields.
Service Club Support
Service organizations have a long track record of being major benefactors of community
projects in Tillsonburg. TillsonburgFC is anticipating that they will step up again to
support youth sport and improving community facilities. Looking to Phases 2 and 3 of
the project, the Club will pursue multi-year commitments for support from each of the
local chapters of the Kinsmen, Lions, Masons, Optimist and Rotary Clubs.
Community Donations
The soccer community in Tillsonburg receives support from many individuals and
families in so many ways. TillsonburgFC has been able to get commitments from a
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..6
number of individual contributors who are prepared to support this project in a
significant way. It is premature to identify those individuals as the project has not yet
been approved.
Town of Tillsonburg
TillsonburgFC is asking the Town of Tillsonburg for three important things to help
achieve success with the Gyulveszi Park Soccer Fields Revitalization Project. First, as
the Town is the owner of the property, for grant applications to be considered the Town
will need to officially endorse the project and provide written permission for the
proposed works to not only go forward but to be allowed to remain for the longer term.
Second, the Club is asking the Town to accept donations from individuals and
organizations for this project and to provide receipts for those donations that can be
used for income tax purposes. The Town has done this before for similar community-
based capital improvement projects including the Tillsonburg Soccer Park and most
recently for the J.L. Scott McLean Recreation Pad.
Third, the Club is asking the Town of Tillsonburg to enlarge and formalize the parking lot
at the West end of the park and to improve the access into the parking lot at the
intersection of Bond Street and Wellington Street as part of that work. The lot can be
expanded to both the East and South in a manner that won’t interfere with the existing
playground equipment.
OPERATIONS PLAN
The Town of Tillsonburg has historically maintained Gyulveszi Park as open park space
rather than as sportsfields. TillsonburgFC expects that, as with the grounds at
Tillsonburg Soccer Park, the Town will want and allow the Club to assume the property
maintenance of the fields and surrounding open space and thereby save the operational
expenses previously incurred for mowing the area.
TillsonburgFC expects that the Town would continue to hold responsibility and
accountability for the inspections, maintenance and life-cycle replacement of the
playground equipment within the Park.
Understanding that Gyulveszi Park is the neighbourhood green space for the residents
in the subdivision South and West of the park, TillsonburgFC commits to ensuring that
the Park is kept in good order and meets the expectations and standards of the Town.
Specifically, TillsonburgFC will hire property maintenance services to take care of the
field turf including regular mowing and lining as well as seasonal tasks like rolling,
aerating, overseeding and fertilizing. TillsonburgFC will also manage the garbage and
cover the cost of utilities if-and-when they are connected. TillsonburgFC will pay for
these costs through the regular operations of the Club using revenue from registrations
and sponsorships.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..7
Oversight of the property will be the responsibility of the TillsonburgFC Board of
Directors through a specific Director appointed to the role. Aside from accountability to
the Board for the day-to-day field conditions throughout the outdoor playing season, that
Director will also have formal responsibility to liaise and coordinate with the Town’s
Parks staff and provide updates annually to the Director of Recreation, Culture & Parks.
ORGANIZATIONAL TEAM
TillsonburgFC has a committed and focused Board of Directors that are determined to
see the Club grow and sustain itself for the long term. The full roster of Board Members
is available from the TillsonburgFC website at http:\\www.tillsonburgfc.ca. Specific to
this project, the key individuals are:
Mark Locker, President. For the last 15 years Mark has enjoyed being a part of the
competitive soccer program in Town as a Board member and as a coach for both,
Tillsonburg Minor Soccer Club and Tillsonburg FC teams. He has been a leader,
guiding us through all of the changes dictated by Ontario Soccer, to improve competitive
soccer in Canada. Mark is a collaborative leader who enjoys working with other local
soccer organizations. He ensures the Clubs is following its values, to help make soccer
better for next generation. He is also a businessman in Town that helps with fundraising
efforts
Michael Papaioannou, Vice President. Michael has been a key figure in soccer (and
many other sports) in Tilllsonburg for over fifty years. With the successful build-out of
the Tillsonburg Soccer Park from 2000-2010, Michael has proven his ability to plan and
secure financial support to ensure a project’s success. He was on the Board of
Directors that built the Tillsonburg Soccer Park as the fundraising chairman, with an
approximately cost of $1.5M. He has also proven his commitment to achieving a very
high standard in the work done – no cutting corners. Michael will find the money to get
the job done right.
Frank Deutsch, Treasurer. Frank has also been part of the competitive soccer
community in Tillsonburg for nearly 30 years. Franks vocation in the finance industry
has provided him with the skills to make sure all of the financial aspects of the project
are managed properly. Frank was the treasurer and part of the Board of Directors that
built the Tillsonburg Soccer Park on 2000.
John Twinem, Head Coach/Technical Director. John has coached multiple youth
soccer teams to regional and provincial success. He has successfully placed multiple
players he has coached on varsity teams in Ontario and the United States. John’s
expertise will be applied in making sure the upgraded fields will support safe and
technically appropriate play for each of the age groups they are designed for.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..8
Brett Harrington, Senior Men’s Director. As a player growing up in the Tillsonburg
competitive soccer community Brett achieved great results leveraging into a varsity
soccer role. Now, giving back to the community he brings his professional skills in
marketing and business to this project. His role will be to have oversight of the
marketing materials for the fundraising aspects of the project.
Rick Cox, Secretary. Rick’s role in this project will be to find grant opportunities and
then to prepare and submit the applications. He has proven success at securing capital
and program grant funding for projects of all sizes in Tillsonburg and other communities.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..9
PROJECT COSTS AND FUNDRAISING TARGETS
The cost of the project is anticipated to be $882,000 including a 10% contingency.
(NOTE: this does not include the cost for the parking lot improvements estimated at
$200,000-300,000). TillsonburgFC will fundraise to reach this target amount,
approaching each phase separately and proceeding only when the funds are in place to
accomplish that phase. This cost estimate has been prepared through consultation with
companies who are prepared to do the work for that price. It reflects pricing current in
late 2022. The fundraising target exceeds the projected cost by 5%.
Capital Costs
Contingency $ 80,000
Phase 1
Soccer Field Levelling $ 150,000
Seeding Soccer Fields $ 17,000
Fencing $ 30,000
Soccer Goal Posts $ 10,000
Accessibility Enhancements $ 10,000
Cut & Tree Trimming $ 6,000
$ 223,000
Phase 2
Field Irrigation $ 42,000
Fencing $ 70,000
Utilities – Water $ 15,000
Utilities – Sewage $ 27,000
Utilities – Hydro $ 30,000
$ 184,000
Phase 3
Storage/Washrooms/Shed $ 350,000
Accessibility Sidewalks $ 25,000
Water Well $ 20,000
$ 395,000
Total $ 882,000
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..10
Fundraising Targets for Capital Costs
Grant support $ 280,000
Industry / Business’ $ 250,000
Community Donations (Town Tax Receipt) $ 130,000
Tillsonburg FC Contributions
Lottery revenue (750 x $100 Tickets) $ 50,000
Sponsorships $ 30,000
Accumulated operational surplus $ 20,000
3 fundraising events $ 18,000
Associate Memberships $ 10,000 $ 128,000
Service Clubs $ 135,000
Total $ 923,000
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..11
SUMMARY
Soccer in Tillsonburg benefits from a wonderful facility and strong community support.
The popularity of the sport and the growth of the municipality has created challenges for
competitive players to find place to play. This business plan presents a solid roadmap
for the Town to secure improved sport facilities from a motivated community group.
TillsonburgFC is determined to develop a strong competitive soccer program based in
Tillsonburg with female and male youth teams at all ages from U8 through U16 and for
adults from 18 and up. In order to achieve that mission, additional and upgraded fields,
particularly of intermediate size are needed in Tillsonburg. TillsonburgFC is prepared to
successfully fundraise the $923,000 required to upgrade and reconfigure the existing
soccer fields at Gyulveszi Park to augment those available at the existing Tillsonburg
Soccer Park and is asking the Town of Tillsonburg to endorse and approve the project.
TillsonburgFC stands ready to answer any questions Council and staff may have about
the organization, about the plan, or about the project. The Club is ready to proceed as
soon as Council provides consent.
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TillsonburgFC
A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..12
APPENDIX A
2022-2028 TillsonburgFC Player/Team Growth Projection
Players 2022 2023 2024 2025 2026 2027 2028 Field Size
U8 (co-ed) 10 10 10 20 20 Mini (55m x 35m)
U9G 10 10 10 10 10 Mini (55m x 35m)
U10G 12 12 12 12 Mini (55m x 35m)
U11G 12 12 12 Mini (55m x 35m)
U12G 16 16 16 Intermediate (80m x 45m)
U13G 18 18 Intermediate (80m x 45m)
U14G 18 Full size (110m x 65m)
U15G 15 18 Full size (110m x 65m)
U16G 18 18 18 Full size (110m x 65m)
U9B 10 10 10 10 10 10 10 Mini (55m x 35m)
U10B 12 12 12 12 12 12 Mini (55m x 35m)
U11B 14 12 12 12 12 12 Mini (55m x 35m)
U12B 16 16 16 16 16 Intermediate (80m x 45m)
U13B 18 18 18 18 Intermediate (80m x 45m)
U14B 15 18 18 18 Full size (110m x 65m)
U15B 16 18 18 18 Full size (110m x 65m)
U16B 18 18 Full size (110m x 65m)
Subtotal Youth 86 92 126 118 148 174 192
Men 50 50 50 50 50 50 50 Full size (110m x 65m)
Women 22 22 44 44 44 44 44 Full size (110m x 65m)
Masters 44 44 44 44 44 44 44 Full size (110m x 65m)
Subtotal Adult 94 116 138 138 138 138 138
Total 180 208 264 256 286 312 330
2022-2028 TillsonburgFC Player / Team Growth Projection
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1
The Corporation of the Town of Tillsonburg
Affordable and Attainable Housing Committee Meeting
MINUTES
Wednesday, April 26, 2023
4:15 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Cedric Tomico
Councillor Chris Parker
Cole Warwick, Housing Programs Coordinator, Oxford County
Rebecca Smith, Manager of Housing Development, Oxford
County
Dane Willson
Deb Gilvesy, Mayor
Gary Green
Regrets: Suzanne Renken
Staff: Cephas Panschow, Development Commissioner
Kyle Pratt, Chief Administrative Officer
Laura Pickersgill, Executive Assistant
Renato Pullia, Director of Innovation & Strategic Initiatives
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:16 p.m.
2. Adoption of Agenda
Resolution # 1
Moved By: Gary Green
Seconded By: Dane Willson
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THAT the Agenda as prepared for the Affordable and Attainable Housing
Advisory Committee meeting of Wednesday, April 26, 2023, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Adoption of Minutes of Previous Meeting
Resolution # 2
Moved By: Gary Green
Seconded By: Dane Willson
THAT the minutes of the Affordable and Attainable Housing Advisory Committee
of March 29, 2023, be approved.
Carried
5. Presentations
5.1 Rural Housing Information Systems
Kimberly Earls provided an overview of the Rural Housing Information
System.
Opportunity was provided for members to ask questions.
6. Information Items
7. General Business & Reports
7.1 Updated Average Market Rents for 2023
R. Smith provided an overview of the increased average market rents.
7.2 My Second Unit Updates
C. Warwick provided an overview of the updates made to the 'My Second
Unit' program including:
• family members can now be included as tenants
• funding has increased from $15,000 to $30,000
• possible locations for the units have been expanded
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3
C. Warwick will provide official communication on this to staff once
finalized for Town staff to share on the Town's media platforms. This
report will be added to the next Council agenda for information.
7.3 Update Re 31 Earle St- RFP for Conceptual Plans
There were no concerns regarding this draft.
7.4 Housing Accelerator Fund Investigation and Application
K. Pratt provided an overview of the Housing Accelerator Funding coming
available soon.
R. Pullia provided a background of research done to date regarding
applying for this funding.
8. Round Table
The United Way is hosting their opening ceremony for the transitional housing in
Tillsonburg at 11:00 a.m. on April 28th.
9. Next Meeting
May 24, 2023 4:15 p.m.
10. Adjournment
Resolution # 3
Moved By: Dane Willson
Seconded By: Gary Green
THAT the Affordable and Attainable Housing Advisory Committee meeting of
Wednesday, April 26, 2023 be adjourned at 5:12 p.m.
Carried
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1
The Corporation of the Town of Tillsonburg
Community Health Care Advisory Committee Meeting
MINUTES
Tuesday, May 2, 2023
12:00 PM
Council Chambers
200 Broadway, 2nd Floor
ATTENDANCE: Deb Gilvesy, Mayor
Kelly Spencer, Councillor
Deputy Mayor Beres
Dr. Clay Inculet
Gerry Dearing
Mike Bastow
Dr. Mohammed Abdalla
Nadia Facca
Stephanie Nevins
Staff: Kyle Pratt, Chief Administrative Officer
Laura Pickersgill, Executive Assistant
Regrets: Dr. John Andrew
Dr. Will Cheng
Teresa Martins
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 12:02 p.m.
2. Adoption of Agenda
Resolution # 1
Moved By: Deb Gilvesy, Mayor
Seconded By: Councillor Spencer
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THAT the agenda as prepared for the Community Health Care Advisory
Committee Meeting of May 2, 2023, be approved.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Adoption of Minutes of Previous Meeting
Resolution # 2
Moved By: Deb Gilvesy, Mayor
Seconded By: Councillor Spencer
THAT the Community Health Care Committee minutes dated April 3, 2023, be
approved.
Carried
5. Amendment of Minutes of February Meeting
Resolution # 3
Moved By: Nadia Facca
Seconded By: Deb Gilvesy, Mayor
THAT the minutes, as amended, for the Community Health Care Committee
dated February 7, 2023, be approved.
Carried
6. Presentations
6.1 Models of Care and Physician Recruitment
Jane Tillmann, Advisor with Health Workforce (Ontario Health), provided
an overview of available models of care and applicable physician
recruitment data.
The Committee would like to see presentations from the following groups
at their next meeting:
• Thames Valley Health Team
• Nurse Practitioner Led Clinic
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• Community Health Care
Committee representatives to bring ideas of working collaboratively during
the next Oxford County Physician Recruitment Committee meeting to
encourage regional physician recruitment.
It was suggested that when the funding application becomes available for
Team Care from the Federal Government that a collaborative approach be
taken to complete the application.
Jane Tillmann left the meeting at 12:59 p.m.
7. General Business and Reports
7.1 Hosting Discovery Week Med Students
Tillsonburg District Memorial Hospital will be hosting four medical students
for Discovery Week from May 29-June 1. Town staff will work with hospital
staff on the details of the lunch planned with the Mayor. The Town will
donate swag to this event.
7.2 Proposed Goals (Town Representative's Ideas)
These goals will be reviewed and brought back at the next meeting for
discussion and ratification.
7.3 University Affiliation
This item to be moved forward to the next agenda.
8. Information Items
8.1 Intense Competition Article
There was no discussion on this item.
9. Next Meeting
May 16, 2023 at 12:00 p.m.
10. Adjournment
The meeting adjourned at 1:14 p.m.
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41 Bridge St.
Tillsonburg ON N4G 5P2
Ph 519.842.6151
tverbuyst@stationarts.ca
asimeays@stationarts.ca
www.stationarts.ca
May 15,2023
Dear Mayor Deb Gilvesy and Town of Tillsonburg Council,
I am writing you this letter on behalf of The Tillsonburg Station Arts Centre to show our support and need for
visual representation and symbolism of inclusion in our community.By creating a vibrant and celebratory
rainbow crosswalk in our community we are providing a safe and welcoming environment to not only residents
of Tillsonburg,but to those that visit our wonderful community.Symbols like Rainbow Crosswalks are an
incredibly important part of a broader strategy to bring queer and trans people together.It creates a narrative
and understanding for people moving here and living here that there is a sense of belonging to our community.
Acceptance of the LGBTQIA2S+community has grown globally since 1981,with 56 out of 175 countries
experiencing an increase in acceptance,according to The Williams Institute's Global Acceptance Index.
Iceland,Norway,the Netherlands,Sweden and Canada are the top five most accepting countries.Tillsonburg
has grown 13%since 2006 and is currently 14%of the population of Oxford County which means with the
growing number of people in our community,our emphasis on diversity and inclusion should be of much
greater importance.
As an organization that staffs and works with many people that identify in the lgbtqia2s+seeing more visual
representation of inclusivity within our community will help create a more inviting space,have a positive impact
on self esteem and help eliminate feelings of loneliness and isolation.The Rainbow Crosswalk is just the
backdrop for transformational change that needs to continue happening in our community and surrounding
communities.All people that come to Tillsonburg need to feel a sense of belonging,safety and acceptance in
order for our community to continue to thrive,adapt and grow in diversity.Working towards Rainbow
certification ourselves,we see regularly the importance of inclusivity in our youth,especially.By giving them a
space that they feel comfortable with,they thrive in the workplace and grow in personality.
We hope you consider promoting more lgbtqia2s+symbols within Tillsonburg,starting with the Rainbow
Crosswalk.If you have any additional questions,please feel free to contact us at 519-842-6151.
Thank you,
Tabitha Verbuyst
Executive Director/Curator
Station Arts Centre
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Friday, April 28, 2023
To whom it may concern
In response to the recent events that have taken place in the township of Norwich, I wanted to
take a few minutes to reach out to the council of Tillsonburg to express my opinion and
concerns regarding inclusivity within Tillsonburg.
I am hoping that by sharing my experience that Tillsonburg will continue to be inclusive to all of
its community members.
Living in a small community can have many benefits to its members. However, a small
community sometimes may make minority groups feel excluded and underrepresented. Making
an effort to show acceptance, inclusivity and to celebrate diversity will help Tillsonburg continue
to grow and thrive.
As an intermediate teacher in Tillsonburg for the last twenty years, I have been able to have the
privilege of teaching and getting to know numerous students who greatly appreciated my open
mind when it came to accepting all students in the room for who they are. The number of
students who are identifying as part of the LGBTQ+ community is rising. The need for these
students to feel a part of their community will have a positive impact on their well-being and
mental health.
Allowing all students a safe space to learn and share has been an important part of my
classroom. Many schools in our community work hard to be inclusive and celebrate pride
month, black history month, orange shirt day and numerous spirit days to raise awareness for a
variety of causes.
I am fearful that if a decision such as the one made in Norwich were to be made in Tillsonburg
that it would have a devastating impact on the mental health and well-being of some of our
community members.
It is my hope that Tillsonburg will continue to support all of its community members. I would be
disappointed to see my hometown having a vote against flying a flag, painting a crosswalk or
not supporting a human rights issue such as this. I’m proud of my town and hope that they
continue to build and celebrate diversity of all types.
Tonya Kisilak
Tillsonburg, ON
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787A Dundas Street Woodstock N4S 1G1 | 58 Thames Street S. Ingersoll N5C 2T1 | 96 Tillson Ave. Tillsonburg N4G 3A1
P: 519.537.6404 | F: 519.537.8282
www.bbbsoxford.ca
Monday, May 15, 2023
Dear Ms. Mayor, Mr. Deputy Mayor and Town Councillors of Tillsonburg,
Big Brothers Big Sisters of Oxford County (BBBSOC) are proud to work with our friends in the
2SLGBTQIA+ community throughout Oxford County, including Tillsonburg. Our agency created the
PRISM program (Pride Respect Identity Safety Mentoring) in 2019, offering one to one mentoring
relationship where youth can connect with an adult who has lived the 2SLGBTQIA+ experience. We
have since expanded to include PRISM group programming, where they can connect with other
2SLGBTQIA+ identifying youth through group activities in the community.
As a marginalized group, our friends in the 2SLGBTQIA+ community deserve our support to feel
respected, included, and accepted in Oxford County. Focusing on diversity, equality, and inclusivity
builds stronger and healthier communities. Through simple acts of kindness and recognition, such as
acknowledging PRIDE month and PRIDE celebrations, or installing rainbow crosswalks in our towns
and cities, we are demonstrating to our friends in the 2SLGBTQIA+ community that they are respected,
included, and an important part of Oxford County.
For BBBSOC, our focus is to advocate for, support, and encourage all young people in Oxford County
to realize their full potential. Recent events in Oxford County and beyond are deepening the
marginalization for people in the 2SLGBTQIA+ community and can create adverse-childhood
experiences for young people who are already facing adversities.
Allowing the Oxford County PRIDE Committee to create a rainbow crosswalk will not only bring a
bright welcoming presence to your downtown, but it will also show that the Town of Tillsonburg is
accepting, respectful, and will build a sense of belonging for all. We encourage Town Council to be the
next community in Oxford County to create the rainbow crosswalk and continue to prove that we are
Bigger Together.
Best Regards,
Kristen Ralph
Executive Director
Big Brothers Big Sisters of Oxford County
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The Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
May 15, 2023
Attention: Members of Council,
I would like to offer my thoughts of support for the motion to create a painted sidewalk to demonstrate
Tillsonburg’s belief in the values of diversity and inclusion.
In my professional life, I was proud to serve in a senior communications post for the Ontario College of
Teachers, the regulatory/licensing body for teachers in the province, and for two district school boards
prior to that. For the better part of 30-plus years, I was proud to champion the standards that make
Ontario’s teachers among the best in the world. The ethics that guide teachers and Ontario’s school
curriculum demonstrate respect for the individual and a belief in the compounding strength of a society
built on inclusion, and I was privileged to promote those ethical and practice standards at every turn.
Symbols have meaning. In this case, the crosswalk would serve as a striking, visual acknowledgement
of the diversity of this fast-growing community. More importantly, it would be a welcome sign to
residents and visitors alike, a powerful demonstration of inclusion, and a gateway between a respect for
Tillsonburg’s time-honoured values and traditions and a collectively imagined and developed future.
Each one of us brings enormous strength, talent, and perspective to our work, our lives and the lives of
others. When we are recognized and included, we add our voices and ideas to benefit the greater group.
It’s why we have elected Councils. It’s why we’re able to grow our communities with forethought and
careful planning. It’s how we’re able to best serve each other.
I wholly support the symbolism connected with welcoming entrants to this great community. It values
people, recognizes and appreciates difference, and encourages them to participate in local events, own
local decisions, and enable greater service to one another.
With growth comes diversity in its many forms. I’m honoured to live in a community that celebrates
diversity, that includes people from all walks, and that believes in their collective spirit to serve the
common good.
I applaud Council for considering this motion and truly hope that we can paint our welcome mat with
the vibrancy of colours to match the intention.
Sincerely,
Brian Jamieson
Tillsonburg, Ontario
Personal Information
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May 14th, 2023
To whom this may concern,
I am writing you as a local teacher, mother and a community
member who has lived in Tillsonburg my whole life. After what we
shockingly witnessed a few weeks ago in our neighbouring community,
I felt compelled to write down my thoughts if there was any hesitation
of evolving and taking the lead to bring our community together rather
then apart.
I have recently been driving in different communities, and I have
noticed flags, signs, cross walks that represent the symbol of inclusion.
When you enter Zehrs, you are greeted with the symbol and the words
“All are Welcome.” Who doesn’t want to feel that way?
I have personally always felt welcomed in our community, but my
family is from here and I have experienced all major milestones in our
little town. I am also white and straight and live a life without many
barriers. My life has been status quo and I haven’t experienced many
forms of discrimination.
I do, however have children that will lead their own paths. They
will have different experiences, different friends from different walks of
life and hopefully pick a path that will make them happy. I have decided
to raise them in the community that I have lived in because I grew up
happy, safe and felt like it best supported me to be kind, open minded
and excel to my full potential. This is what I expect our community to
do for them as they grow. We, as a society has a greater understanding
of what happiness is -being your true self. It is our duty as adults to do
as much as we can for the future generation to make them feel secure
in this.
So, what does that look in our community? It looks like nurturing
our children and students at home and school and when they walk out
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May 14th, 2023
of these places, they still feel that wrap around experience on the
streets, shops and places they frequent. These progressive symbols not
only provide a safety net, but can be a stepping stone with shaping our
youth to become inclusive citizens, prevent harmful and heartbreaking
futures for them and their families and also continues to show that
Tillsonburg is evolving and welcomes all to our already amazing
community.
I want to be proud of where I live and where I was raised. I want
to have no regrets that I chose the best place to raise and mold my
children into wonderful and HAPPY adults.
Please consider these words when you make decisions going forward
about our community.
We all want to be full of pride with where we live.
Thank you in advance,
Melissa Carroll-Phillips
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May 18th, 2023
RE: Letter of Support for the Installation of a Rainbow Crosswalk in the Town of Tillsonburg
To Mayor and Council,
At the May 17, 2023, meeting of the Museum, Culture, Heritage and Special Awards
Committee, the Committee passed the following resolution:
Resolution # 8
Moved By: Tabitha Verbuyst
Seconded By: Amie Varga
THAT the Museum, Culture, Heritage and Special Awards Advisory Committee supports
the requested installation of a rainbow crosswalk put forward by the Oxford Pride
Organization.
Carried
Sincerely,
Jessica Elliott
Jessica Elliott
Secretary
Museum, Culture, Heritage and Special Awards Advisory Committee
On behalf of:
Carrie Lewis, Chair
Museum, Culture, Heritage and Special Awards Advisory Committee
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THE COPRPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 2023-049
A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF PROPERTY WITHIN THE TOWN OF TILLSONBURG.
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw
may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official
plan for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions
relating to property conditions;
AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a Bylaw
under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires
that a By-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992,
C.23 shall provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the
following:
SHORT TITLE: This by-law shall be referred to as the "Property Standards By-
Law".
PART 1
DEFINITIONS
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
2.02 YARDS
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS.
2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
2.06 GROUND COVER- EROSION CONTROL
2.07 LOT GRADING-DRAINAGE-SUMP PUMPS
2.08 WALKWAYS AND DRIVEWAY
2.09 PARKING LOTS
2.10 EXTERIOR LIGHTING
2.11 RETAINING WALL
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2.12 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
2.13 ACCESSORY BUILDINGS
2.14 FENCE
2.15 TOWER-GANTRIES-MASTS-ANTENNAE
2.16 SIGNS
PARTS 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
3.02 FOUNDATION WALLS-BASEMENTS
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS
3.05 WINDOW SCREENS
3.06 CANOPIES-MARQUESS-AWNINGS
3.07 ROOF
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
3.09 CHIMNEY FLUES
3.10 GARAGE-CARPORT
PART 4
INTERIOR OF BUILDINGS AND STRUCTURES
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
4.02 WALLS-CEILINGS
4.03 FLOORS
4.04 STAIRS- HANDRAILS-GUARDS
4.05 ELEVATORS
4.06 MEANS OF EGRESS
4.07 FIRE PROTECTION
4.08 SEPARATIONS
4.09 HEATING-AIR CONDITIONING
4.10 VENTILATION
4.11 ELECTRICAL
4.12 LIGHTING
4.13 PLUMBING
4.14 WATER SUPPLY
4.15 SEWAGE SYSTEM
4.16 VERMIN CONTROL
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
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5.01 OCCUPANCY STANDARDS
5.02 TOILET AND BATHROOM FACILITIES
5.03 KITCHEN AND LAUNDRY
5.04 INTERIOR DOORS, COUNTERTOPS AND CUPBOARDS
PART 6
VACANT-DAMAGED-DEMOLITION
6.01 VACANT LAND
6.02 VACANT PROPERTIES
6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES
6.04 DEMOLISH BUILDING
PART 7
ADMINISTRATION AND ENFORCEMENT
7.01 GENERAL
7.02 MEASUREMENT
7.03 PROPERTY STANDARDS COMMITTEE
7.04 PROPERTY STANDARDS OFFICER – DUTIES
7.05 INSPECTION AND ENTRY
7.06 ORDER
7.07 SERVICE AND POSTING OF ORDER
7.08 REGISTRATION OF ORDER
7.09 RECOVERY OF COSTS RELATIVE TO ORDER
7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE
7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH
7.12 CERTIFICATE OF COMPLIANCE
PART 8
EMERGENCY POWERS
8.01 EMERGENCY ORDERS
8.02 SERVICE
8.03 EMERGENCY POWERS
8.04 SERVICE OF STATEMENT
8.05 APPLICATION TO COURT
8.06 POWERS OF JUDGE
8.07 ORDER FINAL
8.08 MUNICIPAL LIEN
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PART 9
OFFENCES
9.01 FINES
PART 10
SEVERABILITY
10.01 SEVERABILITY
PART 11
REPEAL AND EFFECTIVE DATE
11.01 REPEAL AND EFFECTIVE DATE
PART 1
DEFINITIONS
1.01 In this By-law:
"Accessory"- when used to describe a use, building or structure means a use, a
building or a structure that is customarily incidental, subordinate and exclusively
devoted to a main use, building or structure and located on the same lot therewith.
"Act" -means an enactment or statute of the Province of Ontario.
"Approved"- means acceptance by the Chief Building Official, Property Standards
Officer or designate.
"Basement" - means that portion of a building between two floor levels, which is partly
underground and which has at least one-half its height from finished floor to the
underside of the first floor joists above the average finished grade level adjacent to the
exterior walls of the building.
"Bathroom"- means a room containing a bathtub or shower, with or without a water
closet and hand basin.
"Boarder"- means a person who is provided with meals, or room and meals, regularly
in a boarding, lodging or rooming house in return for compensation.
"Building" - means any structure used or intended to be used for supporting or
sheltering any use or occupancy.
"Building Code" - means the Building Code Act and any regulations made under that
Act.
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"Clerk"- means the person duly appointed as Clerk for The Corporation of the Town of
Tillsonburg.
"Chief Fire Official" - means the person duly appointed as Chief Fire Official for The
Corporation of the Town of Tillsonburg.
"Cellar"- means that portion of a building between two floor levels which is partly or
wholly underground and which has more than one half of its height, from finished floor
to finished ceiling, below adjacent finished grade.
"Chief Building Official" - means the Chief Building Official appointed under Section 3
of the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement
thereof.
“Code" - means a regulation of the Province of Ontario known,
a) with respect to matters relating to building, as the Building Code;
b) with respect to matters relating to electricity, as the Electrical Safety Code;
c) with respect to matters relating to fire, as the Fire Code; and
d) with respect to matters relating to plumbing, as the Plumbing Code.
"Committee" - means the Town of Tillsonburg Property Standards Committee
established under this By-law.
"Corporation" - means the Corporation of the Town of Tillsonburg.
"Council” - means the Council of the Corporation of the Town of Tillsonburg.
"County" - means the Corporation of the County of Oxford.
"Derelict" means any building that is vacant and has experienced structural failure in
whole or in part.
"Domestic Waste"- means any article, thing, matter or effluent belonging to or
associated with a residence, household or dwelling unit that appears to be waste
material and includes but is not limited to the following classes of waste material:
(a) grass clippings, tree cuttings, brush, leaves and garden Refuse;
(b) paper, cardboard, clothing;
(c) all kitchen and table waste, of animal or vegetable origin resulting from the
preparation or consumption of food except any material of vegetable origin
placed in a composting container;
(d) cans, glass, plastic containers, dishes;
(e) new or used material resulting from or for the purpose of construction,
alteration, repair or demolition of any building or structure;
(f) refrigerators, freezers, stoves or other appliances and indoor furniture;
(g) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
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(h) unlicensed motor vehicle , inoperative motor vehicle , vehicle motor parts and
accessories, vehicle tires mounted or unmounted on rims, and mechanical
equipment;
(i) Rubble, inert fill, fencing materials;
(j) commercial shopping carts;
(k) anything that appears to be abandoned, worthless, worn out and of no
practical value, unsightly or not properly stored inside a building.
"Dwelling" - means a building or part thereof, used or designed to be used as a
residence and containing one or more Dwelling Units.
"Dwelling Unit" - means a suite of two or more rooms, designed or intended to be used
for human habitation and to accommodate s single household, in which sanitary
conveniences and cooking facilities are provided and which has a private entrance
either from the outside of the building or through a common hallway.
"Exterior Property Area" - means the building lot excluding buildings.
"Fence" - means any structure, wall or barrier, other than a building, erected at grade
for the purpose of defining boundaries of property, separating open space, restricting
ingress to or egress from property, providing security or protection to property or acting
as a visual or acoustic screen.
"Ground Cover" - means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
"Guard" - means a protective barrier installed around openings in floor areas or on the
open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them.
"Habitable Room" - means any room in a dwelling or dwelling unit used or intended to
be used for living, eating, sleeping, or cooking and without limiting the foregoing shall
include den, library, sunroom or recreational room or any combination thereof.
“Industrial Waste”- means any article, thing, matter or effluent belonging to or
associated with industry or commerce or concerning or relating to manufacture or
concerning or relating to any trade, business, calling or occupation that appears to be
waste material and includes but is not limited to the following classes of waste material:
(a) piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the
piping, tubing, conduits or cable;
(b) containers of any size, type or composition;
(c) Rubble, inert fill;
(d) mechanical equipment, mechanical parts, accessories or adjuncts to
mechanical equipment;
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(e) articles, things, matter, effluent which are derived from or are constituted from
or consist of agricultural, animal, vegetable, paper, lumber or wood products,
mineral, metal or chemical products whether or not the products are
manufactured or otherwise processed;
(f) bones, feathers, hides;
(g) paper or cardboard packaging or wrapping;
(h) material resulting from, or as part of, construction or demolition projects;
(i) unlicensed motor vehicle, inoperative motor vehicle, vehicle motor parts and
accessories, vehicle tires mounted or unmounted on rims, and mechanical
equipment.
"Multiple Unit Dwelling"- means a dwelling consisting of three or more dwelling units,
which are horizontally and/or vertically attached, which may be entered from an
independent entrance directly from the outside or from an internal common space or an
access balcony and in which 50% or more of dwelling units have direct access to grade
or a roof terrace. A multiple attached dwelling includes a triplex, a four plex, a six plex
and a townhouse, but shall not include a street fronting townhouse or apartment
dwelling.
"Municipality"- means the Corporation of the Town of Tillsonburg.
"Non-Habitable Room" - means any room or space in a dwelling unit, other than a
Habitable Room and includes a washroom, bathroom, Toilet Room, laundry, pantry,
lobby, corridor, stairway, closet, Cellar, boiler room, garage, or space for service and
maintenance of any building for public use and for access to and vertical travel between
storeys.
"Non-Residential Property" - means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings, Fences or
erections thereon or therein.
"Occupant" - means any person or persons over the age of (eighteen) 18 years in
possession of the property.
"Officer" - means a Property Standards Officer who has been assigned the
responsibility of administering and enforcing this by-law including but not limited to a
Building Inspector and a Chief Building Official.
"Owner" - includes the owner in trust, a mortgagee in possession, the Person for the
time being, managing or receiving the rent of the land or premises in connection with
which the word is used whether on his own account, or as agent or trustee of any other
Person, or who would receive the rent if the land and premises were let, and shall also
include a lessee or Occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the Standards for the
maintenance and occupancy of property.
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"Person" - means and includes any person, firm, partnership, corporation, company,
association, or organization of any kind.
"Property" - means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile structures, outbuildings, Fences and erections thereon whether
heretofore or hereafter erected and includes vacant property.
“Property Standards Officer” shall have the same meaning as “Officer” in this by-law.
"Public Health Inspector" - means the Public Health Inspector for the County of
Oxford.
“Refuse” - means any article, thing, matter, substance or effluent that: has been cast
aside, discharged or abandoned or; is discarded from its usual and intended use or; is
used up, in whole or in part, or expended or worn out in whole or in part; and shall
include but not limited to Domestic Waste and Industrial Waste; and that Domestic
Waste and/or Industrial Waste does not cease to be Refuse by reason that it may be
commercially saleable or recyclable.
"Repair" - includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property shall
conform to the Standards established in this By-law.
"Residential Property" - means any property that is used or is capable of being used
as a dwelling or multiple thereof and includes any land or buildings that are appurtenant
to such establishment including but not necessarily limited to all steps, walks,
driveways, parking spaces, Fences and yards.
"Retaining Wall" - means a structure that holds back soil or other loose material to
prevent it assuming the natural angle of repose at locations where an abrupt change in
ground elevation occurs.
“Rubble” - means broken concrete, bricks, broken asphalt, patio or sidewalk slabs
"Safe Condition"- means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any Person on or about the
property, and includes a structurally sound condition.
"Sanitary Sewage" - means liquid or water borne waste;
a) of industrial or commercial origin, or
b) of domestic origin, including human body waste, toilet or other bathroom waste,
and shower, tub, culinary, sink and laundry waste.
"Sanitary Sewer- means a sewer for the collection and transmission of Sanitary
Sewage and Domestic Waste, Industrial Wastes and to which storm, surface and
ground waters are not intentionally admitted.
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"Sewage" - shall include drainage, storm water, Refuse, Domestic Waste, Industrial
Wastes and Sanitary Sewage.
"Sewage System" - means the Town of Tillsonburg/County of Oxford system of storm
sewers, sanitary sewers and combined sewers. Also a private Sewage disposal system
approved by the County of Oxford Board of Health.
"Sign" - means any device or notice, including its structure and other component parts,
which is used or capable of being used to identify, describe, illustrate advertise or direct
attention to any person, business, service, commodity or use.
"Standards" - means the standards of physical condition and of occupancy prescribed
for property by this by-law.
"Storm Sewer" - means a sewer, which carries storm water and surface water, street
wash and other wash water or drainage, but excludes Sanitary Sewage.
"Toilet Room"- means a room containing a water closet and/or a washbasin.
"Town" - means the Corporation of the Town of Tillsonburg.
"Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
"Vacant Building” – means a building that is unoccupied, displays some visible signs
of deterioration, is or should be boarded up and does not include agricultural building or
a building already approved for demolition.
"Vermin” - shall include rats, mice, and all other such obnoxious animals.
"Visual Barrier" - shall mean a continuous, uninterrupted structure, which completely
blocks lines of sight when viewed perpendicularly from either of its sides and shall
consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated
metal or other similarly solid material.
Yard" means the land within the boundary lines of the lot and not occupied by the
principal building.
PART 2
GENERAL STANDARDS
2.01 SCOPE
1. No Person, being the Owner or Occupant of a Property, shall fail to maintain
the Property in conformity with the Standards required in this By-law.
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2. The Owner of any Property which does not conform to the Standards in this
By-law shall Repair and maintain the Property to conform to the Standards or
shall clear the Property of all buildings, structures, Refuse, Rubble waste or
accumulations of such materials that prevent access to or exit from the
Property in the case of emergency, or other safety or health hazard and shall
leave the Property in a graded and leveled condition.
3. All Repairs and maintenance of Property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within
the trades concerned.
4. All new construction or extensive repairs shall conform to the Ontario Building
Code, where applicable.
5. This by-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection
Act, 1998, R.S.O. 1998, c. 1, from carrying out a normal farm practice as
provided for and defined under that Act.
2.02 YARDS
1. Shall be kept clean and free of Rubble, Refuse, debris and objects or conditions
that might create fire, accident or health hazards.
2. Every Property shall be kept free from Rubble, Refuse, Industrial Waste,
Domestic Waste or accumulations of such materials that prevent access to or
exit from the Property.
3. Without restricting the generality of this Section, such maintenance includes the
removal of:
a) Rubble, Industrial Waste, Domestic Waste, and Refuse ;
b) injurious insects, termites, rodents, vermin and other pests; and any
condition, which may promote an infestation.
c) wrecked, dismantled, inoperative, discarded or unlicensed Vehicles,
trailers, machinery or parts thereof, except in an establishment
licensed or authorized to conduct a salvage, wrecking or repair
business and then only if such establishment conforms with any
relevant By-laws or statutes; and
d) Derelict or collapsed buildings, structures or erections, and the filling in
or protecting of any unprotected well.
4. The warehousing or storage of material or operative equipment that is required
for the continuing operation of the industrial or commercial aspect of the Property
shall be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition and shall provide unconstructive.
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2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
No machinery or parts thereof, or other object, or material not associated with the
normal occupancy and use of a Property, including among other things,
appliances, fixtures, paper, cartons, boxes, or building materials such as lumber,
masonry material or glass, other than that intended for immediate use on the
Property, shall be stored or allowed to remain in an exterior property area.
2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS
Garbage chutes, disposal and collection rooms, containers and receptacles shall
be maintained good repair kept clean and free of offensive odours.
2.05 GRASS-TREES- BUSHES-HEDGES-GROUND COVER-LANDSCAPING
Ground cover, hedges, trees, landscaping and grass, and site facilities required
as a condition of site development or redevelopment shall be maintained in living
condition and in a good state of repair.
2.06 GROUND COVER- EROSION CONTROL
Suitable Ground Cover shall be provided and maintained to prevent erosion of
the soil and so as to be in harmony with the neighbouring environment.
2.07 LOT GRADING-DRAINAGE-SUMP PUMPS
1. All Yards shall be provided and maintained with adequate surface water
drainage, without causing erosion, so as to prevent the entrance of water into
a Basement or crawlspace.
2. Downpipes, sump pump, discharge lines and grading shall be designed,
provided and maintained so as to discharge water runoff away from the
building and to prevent flooding, erosion and other nuisance to neighbouring
properties.
3. Storm water run-off from any downspout or any surface shall not be drained
onto neighbouring properties, unless designed.
4. Every Property shall be graded and maintained to prevent ponding or the
entry of storm water into a Basement or Cellar.
5. Natural drainage, drainage swales, ditches or watercourses shall be
maintained to facilitate the natural flow of water and prevent ponding.
6. No Person shall connect or permit any connection of any weeping tile,
foundation drain, roof drain, or land drain into any sanitary sewer, or
combined sewer, and no Person shall discharge, or permit to be discharged
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into any such sanitary sewer, or combined sewer, any foundation, roof or
surface water or drainage.
7. No storm water or roof water shall be discharged onto a sidewalk, walkway,
steps, porch or other pedestrian access to a Property which may be
hazardous or create a risk of accident.
8. No fill shall be allowed to remain in an unleveled state on any Property for
longer than fourteen (14) days, unless the Property is a construction site for
which an active building permit is in effect or planning agreement is passed.
9. No fill shall be left in an uncovered state (not covered by sod, seed or
agricultural crop) on any Property for longer than thirty (30) days unless the
Property is:
a) a construction site for which a building permit is in effect;
b) a Property being subdivided under subdivision agreement with the
Town of Tillsonburg;
c) Property being actively farmed.
10. Lot grading must comply with the original subdivision design or as amended
and approved by the Engineering Department.
2.08 WALKWAYS AND DRIVEWAY
1. There shall be a walk leading from the principal entrance of every building to the
street. Such walks may lead to a driveway or hard surfaced area provided such
area leads to a street. The surfaces of steps, walks, driveways, parking spaces
and similar areas of the Yard shall be maintained so as to afford safe passage
under normal use.
2.09 PARKING LOTS
1. Parking lots, driveways and other similar public access areas of a Yard shall be
maintained so as to afford safe passage under normal use.
2. Parking lots, driveways and other similar public access areas of a Yard shall be
kept clean and free of litter, rubbish, waste, salvage, Refuse, debris and objects
or conditions that might create a, fire, accident or health hazard.
2.10 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, Cellar, Basement entrance or
building entrance shall have a permanently installed lighting fixture that shall be
maintained in good working order.
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2. All underground parking areas and common areas shall be illuminated so as to
provide safe passage
3. Lighting fixtures and their supports shall be installed and maintained in a safe
and structurally sound condition and in good repair.
4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no
part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of
the parking area. Fixtures shall be so designed and installed that the light is
directed downward and deflected away from the adjacent lots.
5. The exterior lighting shall be placed and maintained, or have a barrier or shade
placed and maintained so as to prevent or block direct illumination on an
adjacent Property except for;
a) Lighting used by the Town or Provincial or Federal government; and
b) Lighting located on any Property owned by the Town or, Provincial or
Federal government.
6. Where it appears that exterior lighting may effect adjacent properties the officer
may order that the Owner provide a study or report to assess the impacts of the
exterior lighting on neighbouring properties.
2.11 RETAINING WALL
1. All Retaining Walls, screen walls and ornamental walls shall be constructed of
durable material and shall be maintained in a structurally sound condition.
Such maintenance includes:
a) redesigning, repairing or replacing of all deteriorated, damaged,
misaligned; or
b) missing portions of the wall and any railings or Guards appurtenant
thereto;
c) installing subsoil drains where required to maintain the stability of the wall;
d) grouting masonry cracks; and/or
e) applying to all exposed metal or wooden components, unless inherently
resistant to deterioration, a protective coating of paint or equivalent
weather resistant material.
2.12 WELLS-CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
1. Every Property shall be kept free of all unused excavations, empty in-ground
pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same
shall be filled to grade with clean fill. Provided that where any excavations,
holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are
required by the nature of use and occupancy of any Property, and may
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constitute a health or safety hazard or exceed a depth of 60 cm (24 inches), a
Fence or barrier shall be erected and maintained completely around the same
to a height of not less than 1.22 metres (4 feet) above the grade level at the
perimeter of each of them. As per the requirement of the Fence by-law.
2.13 ACCESSORY BUILDINGS
1. The foundations, walls, roofs and all parts of accessory buildings and other
structures shall be:
a) constructed with suitable materials;
b) maintained in good repair;
c) protected from deterioration by the application of paint or other suitable
protective material;
d) capable of sustaining the loads that may be applied thereto as a result of
use in accordance with the requirements of the Ontario Building Code.
e) maintained in a structurally sound condition, free from health, fire and
safety hazards.
f) kept free of rodents, vermin, and injurious insects
2. Storage sheds and other accessory buildings shall be securely anchored to
the ground.
2.14 FENCE
1. A Fence erected on a Property shall be maintained in a safe and structurally
sound condition so as to be capable of sustaining safely its own weight
together with any load to which it might reasonably be subject to:
a) shall be free of dangerous objects;
b) be reasonably plumb, unless specifically designed to be other than
vertical.
2. The Owner of any Property used for Multiple-Dwelling, commercial,
institutional, or industrial purposes shall maintain a Visual Barrier where such
Property is used for the parking, access, and exiting of Vehicles by tenants,
employees, or customers or when used for the operation of equipment or
when used for the storage of goods, or when used for any other purpose
which may detract from the quiet enjoyment and good appearance of an
abutting Residential Property.
2.15 TOWER-GANTRIES-MASTS-ANTENNAE
1. Towers, gantries, masts, antennae and structures of similar character and
any attachment thereto shall be maintained:
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a) reasonably plumb, unless specifically designed to be other than vertical;
b) in good repair; and
c) in a safe and structurally sound condition.
2.16 SIGNS
1. A sign and any structure connected therewith shall be installed and
maintained:
a) in good repair without any visible deterioration;
b) in a safe and structurally sound condition; and
c) in a reasonably vertical plane unless otherwise approved by the Town of
Tillsonburg.
2. Any unused or discarded sign(s) shall be removed from the Property.
PART 3
EXTERIOR OF BUILDINGS AND STRUCTURES
3.01 STRUCTURAL ADEQUACY-CAPACITY
1. All Repairs and maintenance of Property required by the Standards
prescribed in this By-law shall be carried out in a manner accepted as good
workmanship in the trades concerned and with materials suitable and
sufficient for the purpose.
2. Every part of a Property shall be maintained in good repair and in a
structurally sound condition so as:
a) to be capable of sustaining safely its own weight, and any additional load
to which it may normally be subjected;
b) to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
c) to prevent the entry of moisture that would contribute to damage, decay or
deterioration; and
d) to be capable of safely and adequately performing its function subject to
all reasonable serviceability requirements.
3. Where it appears that the structural integrity or condition of a Building, structure,
or part thereof may be adversely affected by damage or deterioration, the Officer
may order that a structural engineering assessment and report be conducted and
prepared by a professional engineer licensed in Ontario. The report shall include
a) all deficiencies of structural concern;
b) the contributory cause of the damage;
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c) the required Repairs and plan for remediation;
d) the recommended timelines for Repair; and
e) upon receipt of the report, it shall be produced to the Officer forwith.
4. Where Repairs are required, the Owner shall obtain a building permit and repair,
or cause to be repaired, the Building, structure, or part thereof, in accordance
with the Repair methods, and timelines described in the report.
3.02 FOUNDATION WALLS-BASEMENTS
1. All foundation walls and the basement, Cellar or crawl space floors shall be
maintained in good repair and structurally sound.
2. Every basement, Cellar and crawl space in a Property shall be maintained in a
reasonably watertight condition so as to prevent the leakage of water into the
building.
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
1. All exterior walls and surfaces of every building or structure shall be sound,
plumb, and weather tight, free from loose or unsecured objects and
maintained in good repair.
2. Exterior walls shall be in good repair free from cracked or broken masonry
units, defective or deteriorated wood or metal siding or trim, cracked, broken
or loose stucco, lose or unsecured objects;
3. Shall be so maintained by the painting, restoring or repairing of the walls,
coping or flashing, by the waterproofing of joints and the walls themselves, by
the installation of or repairing of weather tight finishing, or the installation of
termite shields, if required.
4. All exterior surfaces that have previously been covered with paint or other
protective or decorative materials shall be maintained in good repair and the
covering renewed when it becomes damaged or deteriorated.
5. Every part of a building including the exterior shall be maintained in a
structurally sound condition and so as to be capable of sustaining safely its
own weight and any additional weight that may be put on it through normal
use.
3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS
1. Windows, skylights, exterior doors and frames, Basement or Cellar
hatchways, attic access doors including storm and screen doors and storm
windows shall be maintained in good working order, good repair, in a Safe
Condition and shall be of such construction so as to prevent the entrance of
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wind, snow or rain into the building and to minimize heat loss through
infiltration.
2. At least one entrance door in every Dwelling Unit shall have hardware so as
to be capable of being locked from inside and outside the Dwelling Unit.
3. All windows capable of being opened and all exterior doors shall have
hardware so as to be capable of being locked or otherwise secured from
inside the building.
4. In every multi-residential Dwelling where a security locking and release
system has been provided in the front or rear lobby for the entrance into the
Multiple Dwelling and that system is controlled from each Dwelling Unit, such
system shall be maintained in good repair and in operating condition.
5. Where a window is above the second storey and the window is lower than
1000mm (39") from the floor, the maximum the window can open is 100mm
(4") and where a door or sliding door is not serving a balcony or landing, it
shall be protected by a Guard conforming to the Ontario Building Code.
6. All windows capable of being opened shall be equipped with a screen to
prevent the passage of insects and the screen shall be maintained in a good
condition.
3.05 WINDOW SCREENS
1. When an exterior opening is used or required for ventilation or illumination
and is not required to be protected by a door, window or similar closure, it
shall be protected with:
a) mesh screening, metal grills, or other equivalent durable rust proof
material; or
b) other protection so as to effectively prevent the entry of rodents, large
insects or vermin.
3.06 CANOPIES-MARQUEES-AWNINGS
1. All canopies, marquees and awnings shall be properly anchored so as to be
kept in safe and sound condition and shall be protected from decay and rust.
2. All canopies, marquees and awning material must be in good condition, free
of damage or fading.
3.07 ROOF
1. Every roof and all of its components shall be maintained in good repair and in
a safe and structurally sound condition.
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2. Without restricting the generality of this Section, such maintenance includes:
a) removal of loose, unsecured or rusted objects or materials;
b) removal of dangerous accumulations of snow or ice;
c) keeping roofs and chimneys in water-tight condition so as to prevent
leakage of water into the building; and
d) Keep all roof-related structures plumb unless specifically designed to
be other than vertical.
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all
exterior ducts shall be properly secured free from loose or unsecured objects,
free from obstructions and health hazards, weather-tight, free of holes and
maintained in good repair.
2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts
shall be kept free from rust by application of a suitable protective material
such as paint, and shall be renewed when necessary.
3. Roof drainage shall be discharged onto the ground at least 1 metre (39
inches) from the building or structure, when it is physically possible to do so,
providing that it does not adversely affect adjacent properties, or cause
erosion.
3.09 CHIMNEY FLUES
1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment
shall be constructed, installed and maintained as per the applicable codes
and or standards.
2. Any fuel burning heating equipment used in a building shall be properly
vented to the exterior by means of an approved smoke pipe, vent pipe or
chimney.
3. If an officer has reason to believe that a chimney, smoke stacks, flues, ducts
and other similar equipment is damaged or not working properly the Officer
may request a report from a Wood Energy Technology Transfer (WETT)
certified inspector.
3.10 GARAGE-CARPORT
1. The construction between an attached or built-in garage or carport and a
Dwelling Unit shall provide an effective barrier to gas and exhaust fumes.
2. Garages and carports shall be maintained in good repair and free from
hazards.
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PART 4
INTERIOR OF BUILDINGS AND STRUCTURES
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
1. In every building, all structural components including but not limited to all
joists, beams, studding, and roof rafters, shall be of sound material and
adequate for the load to which they are subjected.
2. The foundation walls and the basement, Cellar or crawl space floors shall be
maintained in good repair and structurally sound. Every basement, Cellar and
crawl space in a Property shall be maintained in a reasonably watertight
condition so as to prevent the leakage of water into the building.
4.02 WALLS-CEILINGS
1. Every wall and ceiling shall be maintained in good repair, free of conditions,
which may create a health, fire or safety hazard.
2. Where sound transmission ratings are required in accordance with the
provisions of the Ontario Building Code, they shall be maintained in good
repair.
3. Where non-combustible construction, fire separations, firewalls, fire
resistance ratings and other fire protection measures are required in
accordance with the provisions of the Ontario Building Code, or in accordance
with the Ontario Fire Code, they shall be maintained in good repair.
4. In any bathroom the walls above a bathtub equipped with a shower or a
shower stall shall be maintained as to be water resistant.
4.03 FLOORS
1. Every floor shall be smooth and level and maintained so as to be free of all
loose, warped, protruding, broken or rotted boards that may create an unsafe
condition or surface. Such defective floors shall be repaired or replaced.
2. Where a floor covering has become worn or torn so that it retains dirt or may
create an unsafe condition, the floor covering shall be repaired or replaced.
3. Every bathroom, kitchen, laundry and shower room shall have a floor
covering of water-resistant material and be capable of being cleaned.
4. Every Cellar and Basement shall have a floor of concrete or other material
acceptable under the provisions of the Ontario Building Code, to ensure water
drainage and to Guard against the entry of vermin.
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4.04 STAIRS- HANDRAILS-GUARDS
1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony
together with any Guard, balustrade, railing, screen or other appurtenance
attached thereto shall be maintained in good repair and in a safe and
structurally sound condition.
2. Without restricting the generality of Section 4.04, such maintenance includes:
a) Repairing or replacing floors, treads or risers that show excessive wear
or are broken, warped, loose, depressed, protruding or otherwise
defective;
b) Repairing, replacing or supporting structural members that are
decayed, damaged, weakened, lose or missing; and
c) Providing, repairing or replacing balustrades, Guards and railings.
3. A Guard shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3) or more risers including the landing
or a height of 600 mm (24 inches) between adjacent levels. A handrail shall
be installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches,
balconies. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
4. Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies
and every appurtenance attached thereto within the exterior walls of a vacant
buildings are exempt from the provisions of 4.04 if section 6.03 has been
complied with.
4.05 ELEVATORS
1. Elevating devices in a building, including all parts, lighting fixtures, lamps,
elevator buttons, floor indicators, emergency communication and ventilation
fans shall be maintained in good repair and operational.
2. The walls, floors and ceilings of elevators shall be kept clean and free from
dirt or defacements.
3. All elevating devices including elevators, dumb-waiters, hoists, escalators,
incline lifts and other elevating devices shall be installed and maintained in
good working order, good repair; and in a Safe Condition in accordance with
the requirements of the Technical Standards and Safety Act, 2000, as
amended from time to time.
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4.06 MEANS OF EGRESS
1. Every building, structure or Dwelling Unit shall have a safe, continuous and
unobstructed passage from the interior to an exit or the outside of the building
at street or grade level as per the Ontario Building Code and Ontario Fire
Code.
2. Exterior stairs and fire escapes shall be maintained in a safe state of Repair
and kept free of ice and snow.
3. A required means of egress shall not pass through an attached or built-in
garage or an enclosed part of another Dwelling Unit.
4. In every multi-residential dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance into the
Multiple Dwelling and that system is controlled from each Dwelling Unit, such
system shall be maintained in good repair and in an operating condition.
5. All means of egress within a Non-Residential Property shall be:
a) maintained free from all obstructions or impediments;
b) provided with clear, unobstructed and readily visible exit signs, for every
required exit; and
c) provided with lighting facilities capable of illuminating the means of egress
to ensure the safe passage of persons exiting the building.
4.07 FIRE PROTECTION
1. Fire protection for all buildings shall be provided in conformity with the
provisions of the Ontario Building Code and Ontario Fire Code. Without
limiting the generality of the foregoing, fire protection shall include non-
combustible construction, flame spread ratings, fire resistance ratings, fire
protection ratings, permitted openings, firewalls, fire separations, fire
dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors,
smoke detectors, smoke alarms, and firefighting access to and within
buildings.
2. All buildings of residential occupancy, smoke alarms shall be provided and
installed by the Owner. Smoke alarms shall be installed on or at the ceiling
level of each floor and on the ceiling in the Basement and in a location where
the alarm is audible within the bedrooms when the doors are closed.
3. All fire protection construction, components thereof, appliances and
equipment shall be maintained in good repair and in good operating condition
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4.08 SEPARATIONS
1. Every Dwelling Unit shall be maintained and protected so as to prevent the
passage of noxious fumes and gases from a part of the building that is not
used for human habitation into other parts of the Dwelling Unit.
4.09 HEATING- AIR CONDITIONING
1. Every residential Dwelling shall have functional heating equipment to maintain
a minimum temperature of 21°Celsius (70 °Fahrenheit).
2. The heating system and hot water system required and other mechanical
systems shall be provided, maintained and operated:
a) in accordance with the respective requirements of any applicable Code
or By-law; and
b) in good working condition and good repair and in a Safe Condition.
3. No residential Dwelling Unit shall be equipped with portable heating
equipment as the primary source of heat.
4. Wood stoves within a Dwelling and any other Property shall be maintained in
accordance to Canadian Standards Association's standard -B 365-M.
5. All air conditioners and air conditioning systems shall be securely mounted
and installed in accordance with manufacturers' specifications.
6. All air conditioners and air conditioning systems shall be maintained in good
repair, free of conditions which may constitute a health, fire or safety hazard.
4.10 VENTILATION
1. Ventilation, as required by the Ontario Building and Fire Codes, shall be
provided to and maintained in all rooms and spaces within a building so as to
prevent accumulations of heat, dust, fumes, gases, including carbon
monoxide, vapours and other contaminants which may create a fire,
explosion, toxic hazard or health hazard.
2. Ventilation systems shall be cleaned regularly and installed, used and
maintained:
a) in conformance with the requirements of the Building and Fire Codes;
b) in good working condition and good repair; and
c) in a Safe Condition.
3. When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window or similar closure, it shall be
protected with screens in accordance with this By-law.
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4. An opening for natural ventilation may be omitted from a bathroom or Toilet
Room where a system of mechanical ventilation has been provided.
5. Every basement, Cellar, unheated crawl space and attic shall be vented and
such vents shall be designed and maintained to prevent entry of snow, rain,
rodents and insects.
4.11 ELECTRICAL
1. Every Dwelling and Dwelling Unit shall be wired for electricity and shall be
connected to an approved electrical supply system, an adequate supply of
electrical power shall be available in all occupied parts of every dwelling, suite
and building.
2. The connection to the building and the system of circuits and outlets
distributing the electrical supply within the building shall provide adequate
capacity for the use of the building and such connections, circuits, wiring and
outlets along with any fuses, circuit breakers and other appurtenances thereto
shall be installed and maintained in good working order, and in conformity
with the regulations of electrical safety Authority designated under the
Electricity Act.
3. Extension cords are not permitted on a permanent basis.
4.12 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, Toilet Room,
kitchen, hall, Cellar, basement, laundry, furnace room and Non-Habitable
work room in a suite, Dwelling unit or building shall have a permanently
installed lighting fixture that shall be maintained in a Safe Condition and in
good working order.
2. All lighting, including exit lighting and emergency lighting shall conform to the
provisions of the Ontario Building Code and shall be maintained in good
working order.
3. Lighting shall be installed throughout every Property to provide adequate
illumination for the use of each space so as to provide safe passage.
4.13 PLUMBING
1. All plumbing systems drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the Sewage System shall be maintained
in good working condition and free from leaks and defects and all water pipes
and appurtenances thereto shall be protected from freezing.
2. Plumbing systems on a Property shall be provided, installed and maintained:
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a) in compliance with the respective requirements of any applicable
Code, Act or By-law;
b) in good working condition and good repair; and
c) in a Safe Condition.
3. All plumbing fixtures shall be connected to discharge to the municipal sewer
system or to an Approved private sanitary system through water sealed traps.
4.14 WATER SUPPLY
1. Every Property, the use or occupancy of which requires a water supply, shall
be provided with an adequate supply of potable water from a public or private
water supply, approved by the local authority designated under the Clean
Water Act 2006, SO 2006 c22.
2. Where an approved public or community water supply is available, every
Dwelling Unit shall be connected thereto.
3. Where a piped water supply is available, piping for hot and cold water shall be
connected to every kitchen sink, lavatory, bathtub, shower, slop sink and
laundry area and piping for cold water shall be run to every water closet and
hose bib.
4. Every water heater installed for the purpose of supplying hot running water to
the Occupants of a Property shall be capable of heating water to a minimum
temperature of +49C (120 F).
5. Replacement hot water heaters shall have a thermostatic mixing value limiting
water temperature to a maximum of +49C (120 F). As per the Ontario Building
Code.
4.15 SEWAGE SYSTEM
1. Sanitary Sewage from any building shall be discharged into the municipal
Sanitary Sewage System, or into a private Sewage System approved under
Part 8 of the Ontario Building Code, and not otherwise.
2. The land in the vicinity of a private Sewage System shall be maintained in a
condition that will not cause damage to, or impair the functioning of the
Sewage System.
4.16 VERMIN CONTROL
1. Every Property shall be maintained so as to be free from Vermin and
conditions that may promote an infestation at all times.
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2. Openings in buildings, Cellars, soffits, facia, and crawl space shall be
protected to prevent the entrance of wildlife, rodents, vermin, insects and
pests.
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
1. A Non-Habitable Room shall not be used as a Habitable Room.
2. No kitchen or furnace room shall be used as a bedroom.
3. Height and size of rooms or spaces for the purpose of calculation shall
comply with the regulations of the Ontario Building Code.
4. No Basement or portion thereof shall be used as a Dwelling Unit, unless it
meets the following requirements:
a) access to each Habitable Room shall be gained without passage
through a furnace room, boiler room or storage room;
b) each Habitable Room shall comply with all the requirements for
ingress, egress;
c) light, ventilation and ceiling height set out in this By-law; and
d) floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5. No room or area shall be provided for sleeping purposes unless:
(a) it has been constructed with a building permit and reviewed for
sleeping purposes; and
(b) is in conformance with the Ontario Building Code requirements for the
construction of a bedroom.
5.02 TOILET AND BATHROOM FACILITIES
1. Every Dwelling Unit shall contain plumbing fixtures in good repair and in an
operative condition, consisting of a minimum of one toilet, one sink, and one
bathtub or shower.
2. All bathrooms and Toilet Rooms shall be located within and accessible from
within the Dwelling Unit.
3. All bathrooms and Toilet Rooms shall be fully enclosed and maintained so as
to provide privacy for the Occupant.
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4. No toilet or urinal shall be located within a bedroom or a room that is used for
the preparation, cooking, storing or consumption of food.
5.03 KITCHEN AND LAUNDRY
1. Every kitchen shall be provided with an approved, connected, and operating
electrical or gas supply for cooking and refrigeration appliances.
2. Every kitchen appliance which is supplied, shall be maintained in good repair.
3. Every Dwelling Unit shall have a kitchen with a sink, stove, fridge, cupboards,
and countertop.
4. Every laundry appliance which is supplied, shall be maintained in good repair,
and serviced by an approved, connected, and operating electrical or gas
supply.
5. Laundry drying equipment shall have a dedicated exhaust duct discharging
directly to the outdoors.
6. Laundry drying equipment exhaust ducts shall be maintained free from
obstructions.
5.04 INTERIOR DOORS, COUNTERTOPS, CUPBOARDS
1. Every interior door, closet door, cupboard door, countertop, cupboard, vanity,
shelf, and their appurtenances shall be maintained in good repair.
PART 6
VACANT- DAMAGED-DEMOLITION
6.01 VACANT LAND
1. Vacant land shall be maintained to the Standards as described in Part 2, of
this By-law.
2. Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
6.02 VACANT PROPERTIES
1. The Owner of any vacant buildings shall protect such building against the risk
of fire, accident, damage or other danger thereto or to adjoining premises by
effectively preventing the entry thereto by all unauthorized persons.
2. Where entry to a Building cannot be sufficiently prevented by the locking of
doors, windows, and other openings, the entry shall be prevented as follows:
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a) All boarding must be minimum ½ inch exterior grade plywood (not
particleboard, fiberboard, or other forms of board sheathing);
b) Boarding must be cut to completely and securely fit within all exterior
structural openings;
c) All boarding shall be maintained in good repair;
d) All boarding shall be installed from the exterior;
e) All boarding shall be fastened using wood screws only. Screws must
be countersunk and not less than 2 inches in length. Each screw shall
be spaced not more than 4 inches on center around the entire
perimeter of each plywood board;
f) All boarding shall be fitted securely and in a watertight manner to fit
within the side jambs, the head jamb, and the exterior bottom sill of the
door or window opening so the exterior trim and cladding remains
uncovered and undamaged by the boarding, and so as not to be easily
detached by hand;
g) All boarding used on windows and door openings shall be painted
using exterior grade paint in a matt black;
h) All other boarding shall be painted using exterior grade paint in a
colour that blends with the exterior of the Building or structure;
3. If the aforementioned measures in 6.02.(2) prove insufficient to secure
openings, additional augmentation measures shall be required, consisting of
the installation of steel mesh enclosures or steel panels overall boarded
ground floor openings.
4. Where a building remains vacant or unoccupied for a period of more than
ninety days, the Owner shall ensure that all utilities serving the building, that
are not required for the safety or security thereof, are properly disconnected or
otherwise secured to prevent risk of fire, accident, damage or other danger to
the Property or adjoining premises.
5. The Owner of a Vacant Building shall post "No Trespassing" signs on all
exterior points of access to the Property and signs shall comply with the Sign
By-law.
6. If a Vacant Building becomes Derelict as defined in this by-law, the Owner or
their agent shall bring the building into compliance with all structural and
exterior maintenance provisions of this by-law or such building shall be
demolished in accordance with the Building Code Act.
6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES
1. A building or portion thereof, damaged by fire or other causes, shall be
restored to its original condition and repaired as may otherwise be required by
this by-law or the building shall be demolished or the damaged portion
removed.
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2. Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, immediate steps shall be taken to prevent a condition
which might endanger persons on or near the Property and the building or
structure shall be properly supported and barricaded until the necessary
demolition or repairs can be carried out.
3. Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, the Owner shall protect the building against further risk
or further damage, accident or other danger, and shall secure each opening
to the building to the Standards in 6.02.(2).
4. The exterior walls and other surfaces of the building shall have smoke
damage or other defacement removed and surface refinished.
5. In the event the building, accessory building, Fence or structure is beyond
Repair, the land shall be cleared of debris, and rubble and shall be left in a
graded, level and Safe Condition without unreasonable delay.
6.04 DEMOLISH BUILDING
1. Where a building, accessory building, Fence or other structure is demolished,
the Property shall be cleared of all rubbish, waste, debris, Refuse, Rubble,
masonry, lumber and left in a graded and level condition.
2. Where a building, accessory building, Fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining Property
and members of the public. The precautions to be taken include the erection
of Fences, barricades, covered walkways for pedestrians and any other
means of protection necessary for the protection of the adjoining Property and
members of the public.
3. Without restricting the generality of Section 6.04.(2) such repairs shall
include:
(a) Abating any unsafe condition; and
(b) Refinishing so as to be in harmony with adjoining undamaged surfaces
4. The Owner of any building or part thereof being demolished shall leave any
remaining wall or walls (including any former party wall or walls, whether
separately or jointly owned) structurally sound, weather tight, in a Safe
Condition and in conformity with the standards in the Ontario Building Code.
5. Prior to demolishing any building, a Demolition Permit must first be obtained
from the building department.
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PART 7
ADMINISTRATION AND ENFORCEMENT
7.01 GENERAL
1. This By-law shall apply to all Property within the limits of the Town.
7.02 MEASUREMENT
1. The imperial measurements contained in this By-law are given for reference
only.
7.03 PROPERTY STANDARDS COMMITTEE
1. A Property Standards Committee shall be established which shall be
composed of a minimum of three (3) persons appointed from time to time by
the council, each of who shall be resident ratepayers of the Town of
Tillsonburg.
2. Each member of the Committee shall hold office for a term of four (4) years,
and shall coincide with the council term.
3. When a vacancy occurs in the membership of the Committee, the council
shall forthwith fill the vacancy.
4. The members of the Committee shall elect one of themselves as chairman,
and when the chairman is absent, the Committee may appoint another
member as acting chairman. Any member of the Committee may administer
oaths.
5. The members of the Committee shall be paid such compensation as the
council may provide, which shall be recorded by resolution of the council.
6. Secretarial services for the Committee shall be provided through the offices of
the Town Clerk.
7. The secretary shall keep on file minutes and records of all applications and
the decisions thereon and of all other official business of the Committee, and
sections 253 and 254 of the Municipal Act, 2001 applies with necessary
modifications to such documents.
8. A majority of the Committee constitutes a quorum and the Committee may
adopt its own rules of procedure but before hearing an appeal shall give
notice or direct that notice be given of such hearing to such persons as the
Committee considers should receive such notice.
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7.04 PROPERTY STANDARDS OFFICER- DUTIES
1. It shall be the duty of every Officer to administer and enforce the provisions of
this by-law and in the performance of such duty, he/she shall have all the
powers and responsibilities set forth in the Ontario Building Code Act and the
Regulations made pursuant to the said Act.
7.05 INSPECTION AND ENTRY
1. Where a by-law under section 15.1 of the Building Code is in effect, an Officer
may, upon producing proper identification, enter upon any property at any
reasonable time without a warrant for the purpose of inspecting the property
to determine:
(a) If the property conforms with the Standards prescribed in the by-law; or
(b) if order made under subsection 15.2 (2) of Building Code has been
complied with.
2. An Officer shall not enter or remain in any room or place actually being used
as a dwelling unless;
(a) the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused, and entry made only
under the authority of a warrant issued under the Building Code Act;
(b) a warrant issued under the Ontario Building Code Act is obtained;
(c) the delay necessary to obtain a warrant or the consent of the occupier
would result in an immediate danger to the health or safety of any
person;
(d) the entry is necessary to terminate a danger under the Building Code
for Emergency Orders;
(e) the requirements of the Notice being served under the Building Code
Act are met and the entry is necessary to remove a building, restore a
site, remove an unsafe condition, Repair or demolish under the
provisions of the Building Code Act.
7.06 ORDER
1. An officer who finds that a property does not conform to any of the
Standards prescribed in this by-law may make an order,
a) stating the municipal address or the legal description of such property;
b) giving reasonable particulars of the Repairs to be made or stating that
the site is to be cleared of all buildings, structures, debris or Refuse
and left in a graded and leveled condition;
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c) indicating the time for complying with the terms and conditions of the
order and giving notice that, if the Repair or clearance is not carried out
within that time, the municipality may carry out the Repair or clearance
at the Owner's expense; and
d) indicating the final date for giving notice of appeal from the order.
7.07 SERVICE AND POSTING OF ORDER
1. The order shall be served on the Owner of the Property and such other
Persons affected by it as the Officer determines and a copy of the order may
be posted on the Property in a location visible to the public.
2. No Person shall obstruct the visibility of an order and no Person shall remove
a copy of an order posted under this Act unless authorized to do so by an
inspector, Officer or registered code agency.
3. The order shall sent by registered mail to the last know address or by sent by
the last known e-mail address.
4. An order sent by registered mail is deemed served five (5) days after the
registered mail has been sent.
5. An order sent by e-mail is deemed to have been served on the day sent
unless sent after 5 pm in which case the service date will be the following
day.
7.08 REGISTRATION OF ORDER
1. The order may be registered in the proper land registry office and, upon such
registration, any Person acquiring any interest in the land subsequent to the
registration of the order shall be deemed to have been served with the order
on the day on which the order was served under section 7.07 and, when the
requirements of the order have been satisfied, the Clerk of the Town shall
forthwith register in the proper land registry office a certificate that such
requirements have been satisfied, which shall operate as a discharge of the
order.
7.09 RECOVERY OF COSTS RELATIVE TO ORDER
1. Where an Owner or Occupant fails to comply with an order issued under this
bylaw within the time stipulated in the order the Corporation costs of such
further inspections of the Property, and such reports and further notification or
registrations as the Officer may deem appropriate shall be payable to the
Corporation by the Property Owner including disbursements as specified in
the Rates & Fees By-law.
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7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE
1. An Owner or Occupant who has been served with an order made under and
who is not satisfied with the terms or conditions of the order may appeal to
the Committee by sending a notice of appeal by registered mail to the
secretary of the Committee within 14 days after being served with the Order.
2. An Owner or Occupant who appeals an order shall pay to the Clerk of the
Corporation the fee for the appeal as set out in the Towns Rates & Fees By-
law.
3. The Secretary of the Committee shall, upon receipt of the notice of appeal,
create a hearing date and shall provide notice of the hearing at least (14)
fourteen days prior to the hearing date.
4. A Person who files an appeal and does attend the Property Standards
Committee Appeal hearing the order will be confirmed.
Confirmation of order
5. An order that is not appealed within the time referred to in 7.10 (1) shall be
deemed to be confirmed.
Duty of Committee
6. The Committee shall hear the appeal.
Powers of committee
7. On an appeal, the Committee has all the powers and functions of the Officer
who made the order and the Committee may do any of the following things if,
in the Committee’s opinion, doing so would maintain the general intent and
purpose of the by-law and of the official plan or policy statement:
(a) Confirm, modify or rescind the order to demolish or Repair.
(b) Extend the time for complying with the Order.
Appeal to court
8. Any Owner or Occupant or Person affected by a decision under subsection
7.10 may appeal to the Superior Court of Justice by notifying the Clerk of
the Town in writing and by applying to the court within (fourteen) 14 days
after a copy of the decision is sent. The Owner or Occupant must pay the
fee specified in the Rates & Fees By-law.
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Appointment
9. The Superior Court of Justice shall appoint, in writing, a time and place for
the hearing of the appeal and may direct in the appointment the manner in
which and the persons upon whom the appointment is to be served.
Judge’s powers
10. On the appeal, the judge has the same powers and functions as the
Committee.
Effect of decisions
11. An order that is deemed to be confirmed under or that is confirmed or
modified by the Committee or a judge, shall be final and binding upon the
Owner and Occupant who shall carry out the Repair or demolition within the
time and in the manner specified in the order.
12. The Secretary of the Committee shall give a copy of its written decision to
the appellant and the Officer who issued the order.
7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH
1. If an order is not complied with in accordance with the order as deemed
confirmed or as confirmed or modified by the Committee or a judge, the Town
may cause the Property to be repaired or demolished accordingly.
Warrantless entry
2. For the purpose of subsection 7.11(1), employees or agents of the Town may
enter the Property at any reasonable time without a warrant in order to repair
or demolish the Property.
No liability
3. Despite subsection 31 (2) of the Building Code Act, a municipal corporation or
a person acting on its behalf is not liable to compensate the Owner, Occupant
or any other person by reason of anything done by or on behalf of the
municipality in the reasonable exercise of its powers.
Lien
4. The municipality shall have a lien on the land for the amount spent on the
repair or demolition under 7.11(1) and the amount shall have priority lien
status as described in section 1 of the Municipal Act, 2001.
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7.12 CERTIFICATE OF COMPLIANCE
1. Following the inspection of a Property, the Officer may, or on the request of
the Owner shall, issue to the Owner a certificate of compliance if, in his
opinion, the Property complies with the standards of this by-law. The fee
payable for a certificate of compliance issued at the request of the Owner
shall be as set out in the Rates & Fees By-law.
PART 8
EMERGENCY POWERS
8.01 EMERGENCY ORDERS
1. If, upon inspection of a building, an Officer is satisfied that a building poses an
immediate danger to the health or safety of any person, the Chief Building
Official may make an order containing particulars of the dangerous conditions
and requiring remedial repairs or other work to be carried out forthwith to
terminate the danger.
8.02 SERVICE
1. The order shall be served on the Owner of the Property and each Person
apparently in possession of the building and such other Persons affected
thereby as the Chief Building Official determines and a copy shall be posted
on the building.
8.03 EMERGENCY POWERS
1. After making an order under section 8.01, the Chief Building Official may,
either before or after the order is served, take any measures necessary to
terminate the danger, and, for this purpose, the Chief Building Official, an
Officer and their agents may at any time enter upon the land and into the
building in respect of which the order was made without a warrant.
2. The Officer, the municipality or anyone acting on behalf of the Municipality is
not liable to compensate the Owner, Occupant or any other person by reason
of anything done by or on behalf of the Chief Building Official or an Officer in
the reasonable exercise of his or her powers under section 8.03.
3. If the order was not served before measures were taken to terminate the
danger, the Officer shall serve copies of the order in accordance with section
8.02 as soon as practicable after the measures have been taken, and each
copy of the order shall have attached to it a statement by the Officer
describing the measures taken by the Municipality and providing details of the
amount expended in taking the measures.
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8.04 SERVICE OF STATEMENT
1. If the order was served before the measures were taken, the officer shall
serve a copy of the statement mentioned in section 8.02 in accordance with
section 8.02 as soon as practicable after the measures have been taken.
8.05 APPLICATION TO COURT
1. As soon as practicable after the requirements of sections 8.02 and 8.04 have
been complied with, the Chief Building Official shall apply to a judge of the
Superior Court of Justice to confirm the order made under section 8.01 and
the judge shall hold a hearing for that purpose.
8.06 POWERS OF JUDGE
1. The judge in disposing of an application under section 8.05 shall,
a) confirm, modify or rescind the order; and
b) determine whether the amount spent on measures to terminate the
danger may be recovered in whole, in part or not at all.
8.07 ORDER FINAL
1. The disposition under section 8.06 is final.
8.08 MUNICIPAL LIEN
1. The amount determined by the judge to be recoverable shall be a lien on the
land and shall be deemed to be municipal real property taxes and may be
added by the Clerk to the collector's roll and collected in the same manner
and with the same priorities as municipal real property taxes.
PART 9
OFFENCES
9.01 FINES
1. Any Person who fails to comply with an order under the Building Code Act is
guilty of an offence and upon conviction shall be liable to a fine of not more
than $50,000 for a first offence and to a fine of not more than $100,000 for a
subsequent offence.
2. Every director of officer of a corporation who fails to comply with an order
under the Building Code Act is guilty of an offence and upon conviction shall
be liable to a fine not more than $500,000 for a first offence and $1,500,000
for a subsequent offence.
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PART 10
SEVERABILITY
10.01 SEVERABILITY
1. In the event that any provision or part of this By-Law is found to be invalid or
unenforceable for any reason whatsoever, then the particular provision or part
thereof shall be deemed to be severed from the remainder of the By-Law and
all other provisions or parts thereof shall remain in full force and shall be valid
and enforceable to the fullest extent permitted by law.
PART 11
REPEAL AND EFFECTIVE DATE
11.01 REPEAL AND EFFECTIVE DATE
1. That By-law No. 2023- _______ take effect immediately and that By-law No.
3638 and all associated amendments, passed by the Council of the Town of
Tillsonburg on the 13th day of August 2012 be hereby repealed.
READ A FIRST TIME AND SECOND TIME THIS________DAY OF________2023
READ A THIRD AND FINAL TIME AND PASSED THIS ___DAY OF _________2023.
_________________________
MAYOR – Deb Gilvesy
__________________________
TOWN CLERK – Tanya Daniels
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Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-048
A BY-LAW to confirm the proceedings of Council at its meeting held on May 23, 2023.
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 May 23, 2023, 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.
5.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF MAY, 2023.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF MAY, 2023.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
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