240212 Council Agenda (2)The Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Monday, February 12, 2024
6:00 PM
LPRCA
4 Elm St
Tillsonburg
1.Call to Order
2.Closed Session
3.Moment of Silence
4.Adoption of Agenda
Moved By: Councillor Parsons
Seconded By: Councillor Parker
THAT with 2/3 majority, the rules of procedure be waived to add the following agenda items:
14.2.1 Staff Report CS 24-019 BIA Appointment•
19.6 By-Law 2024-017 A By-Law to Appoint Members to the Down Town
Tillsonburg Business Improvement Area
•
Proposed Resolution #
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parsons
THAT the Agenda for the Council meeting of February 12, 2024, be approved with the
following amendment:
Item 14.1.2 be moved to be presented directly following Item 7.1 •
14.2.1 Staff Report CS 24-019 BIA Appointment•
19.6 By-Law 2024-017 A By-Law to Appoint Members to the Down Town
Tillsonburg Business Improvement Area
•
5. Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
Proposed Resolution #
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
THAT the Special Council Meeting minutes dated January 29, 2024 and the Council meeting
minutes dated February 5, 2024, be approved and the Council Meeting minutes dated
January 23, 2024 be approved, as amended.
7.Presentations
7.1 Marianne Love, ML Consulting Re: Town of Tillsonburg 2023/2024
Management/Non-union Compensation Review
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT the presentation from Marianne Love, ML Consulting Re: Town of Tillsonburg
2023/2024 Management/Non-Union Compensation Review be received as
information.
8.Public Meetings
9.Planning Reports
10.Delegations
11.Deputation(s) on Committee Reports
11.1 Economic Development Advisory Committee Resolution - Oversizing of Municipal
Services - EDM-24-005, CAO-24-001
Proposed Resolution #
Moved By: Deputy Mayor Beres
Seconded By: Councillor Rosehart
THAT report titled “EDM 24-005 Economic Development Advisory
Committee Resolution – Oversizing of Municipal Services” be received;
and
A.
THAT the recommendation of the Economic Development Advisory
Committee be supported by Council and that Oxford County be requested
to provide a rationale for sizing and oversizing of municipal services in
support of future growth;
B.
THAT Oxford County be encouraged to consider entering into cost-sharing
agreements with developers for the oversizing of municipal services where
C.
Page 2 of 280
it is in the interest of the Town/County to do so.2024
12.Information Items
Proposed Resolution #
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
THAT the following information items be received as information:
12.1 Correspondence from the Minister of Infrastructure Re: Housing Enabling Water
Systems Fund – Application Intake Launch
12.2 Correspondence from the Honourable Todd McCarthy, Minister of Public and
Business Service Delivery Re: ServiceOntario
12.3 Additional Residential Units (ARU's) Information & Open House
12.4 Correspondence from Nadia Facca, President and Chief Executive Officer,
Tillsonburg District Memorial Hospital
12.5 Long Point Region Conservation Authority Minutes - January 3, 2024
12.6 Long Point Region Conservation Authority - Inventory of Programs
12.7 Correspondence from the Honourable Robert J. Flack - Associate Minister of
Municipal Affairs and Housing
13.Mayor Reports
13.1 2024 Rural Ontario Municipal Association (ROMA) Conference
Proposed Resolution #
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT report titled ROMA 2024 be received as information.
14.Staff Reports
14.1 Chief Administrative Officer
14.1.1 CAO-24-003 - Personnel Policy Update
Proposed Resolution #
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
THAT report titled “Personnel Policy Update” be received as information;
Page 3 of 280
and
THAT Council approves the updated Personnel Policy, as
presented on February 12, 2024, with an effective date of January
1, 2024, including corresponding updated policies HR-07, HR-08,
HR-09 and HR-10; and
A.
THAT a By-Law be brought forward to enact the Personnel Policy.B.
14.1.2 CAO-24-005 - Management and Non Union Staff Market Compensation
Review
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
THAT report titled “Management and Non Union Staff Market
Compensation Review” be received as information; and
A.
THAT staff be directed to adopt the pay band based on the 65th
percentile of the defined pay market; and
B.
THAT the Treasurer and Manager of Human Resources be
directed to implement the new pay band effective April 1, 2024.
C.
14.2 Corporate Services
14.2.1 CS 24-019 BIA Appointments
Moved By: Councillor Parsons
Seconded By: Councillor Spencer
THAT the report titled CS 2024-019 “BIA Appointments” be
received as information; and
A.
THAT Carl Heuntinck, Holly Vallee and Allison Biggar be
appointed as directors to the Tillsonburg Downtown Business
Improvement Area (BIA); and
B.
THAT a By-Law be brought forward brought forward to amend By-
Law 2023-017.
C.
14.3 Economic Development
14.3.1 EDM-24-004 - Highway 3 Land Acquisition – Share Purchase Agreement
and Offer to Purchase
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
THAT report titled EDM 24-004 Highway 3 Land Acquisition –
Share Purchase Agreement and Offer to Purchase be received;
A.
THAT the Share Purchase Agreement with Redling Farms Ltd beB.
Page 4 of 280
approved and the Mayor and Clerk be authorized to execute all
documents required to effect the acquisition of this corporation;
That the Offer to Purchaser from Edwin McLaughlin Holdings
(2014) Inc, as co-purchaser, be approved as revised to reflect an
additional upset limit, and the Mayor and Clerk be authorized to
execute all documents required to effect the transfer of a portion of
these lands; and,
C.
THAT By-laws to enter into a Share Purchase Agreement with
Redling Farms Ltd and to effect the Offer to Purchaser from Edwin
McLaughlin Holdings (2014) Inc, as well as authorizing the Mayor
and Clerk to execute any associated documents for said
transactions be presented to Council for consideration.
D.
14.4 Finance
14.4.1 FIN-24-008 - 2024 Draft Budget Summary and Recommendations
Proposed Resolution #
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
THAT Report # FIN 24-008 2024 Draft Budget Summary and
Recommendations Report be received as information; and
A.
THAT the 2024 Operating Budget of $28,800,258 with a levy of
$17,676,194, and the 2024 Capital Budget of $22,972,600 with a
levy of $3,082,500, being a combined budget amount of
$51,772,858 with $20,758,694 from taxation, be adopted; and
B.
THAT upon finalization of the County’s tax ratios and discount
factors, a By-Law
C.
be brought forward setting the 2024 Property Tax Rates.
14.4.2 Tax Rate Stabilization Fund
Deferred from January 15, 2024 Council Budget Meeting.
Proposed Resolution #
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT to an upset limit of $400,000 to meet the cost of living
percentage be moved from Tax Rate Stabilization Fund to reduce
the 2024 Tax Increase ; and
A.
THAT the same dollar amount from the 2023 Budget Surplus be
used to re-fill the Tax Rate Stabilization Fund; and
B.
THAT the 12 month average of 2023 CPI be used as that number. C.
Page 5 of 280
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT the Tax Rate Stabilization Fund Information Memo be received as
information.
14.5 Fire and Emergency Services
14.6 Operations and Development
14.6.1 OPD 22-048 Hangar Land Lease Agreement Taxiway G1-2
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT Council receives Report OPD 22-48 Airport Hangar Land Lease
Taxiway G1 Lot #2 as information;
AND THAT a By-Law be prepared to
Terminate the Land Lease Agreement with 2664165 Ontario Ltd
(Jeff Howe) for Taxiway G1 Lot #2; AND
1.
THAT By-Law 19-4320 be repealed.2.
AND THAT the Mayor and CAO be authorized to enter into a new Land
Lease Agreement for Taxiway G1 Lot #2 with the Tillsonburg Flying School
(Don Huras) retroactively effective from November 1st 2022.
14.6.2 OPD-24-010 RFP 2023-012 Tillsonburg Airport Land Lease
Moved By: Councillor Spencer
Seconded By: Deputy Mayor Beres
THAT report titled RFP 2023-012 – Lease of Agricultural Land at
the Tillsonburg Airport be received as information; and
A.
THAT Council award RFP 2023-012 – Lease of Agricultural Land
at the Tillsonburg Airport to Glencar Farms, at a sum of $138,800
per annum for a three-year term;
B.
AND THAT a By-law authorizing Mayor and Clerk to execute the
Agricultural Land Lease Agreement with Glencar Farms be
brought forward for Council consideration.
C.
14.7 Recreation, Culture and Parks
15.New Business
16.Consideration of Minutes
Page 6 of 280
16.1 Advisory Committee Minutes
17.Motions/Notice of Motions
Moved By: ________________
Seconded By: ________________
THAT staff be directed to add a grant policy be direct
17.1 Councillor Rosehart - Bert Newman Park
Proposed Resolution #
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
WHEREAS at their July 17, 2023 meeting, Tillsonburg Town Council passed a
resolution to secure the gates of Bert Newman Park nightly due to an increase of
vandalism; and
WHEREAS, vandalism has decreased due to the winter weather; and
WHEREAS, use of the park by nearby residents is in high-demand; and
BE IT THEREFORE RESOLVED
THAT the gates of Bert Newman Park no longer be locked so that the park can be
fully reopened to use by residents.
THAT the gates of Bert Newman Park be unlocked so that the park can be fully
reopened to use by residents; and
THAT the Director of Recreation, Culture and Parks be permitted to lock and unlock
the gates at their discretion if any further issues arise.
17.2 Councillor Spencer - Black Heritage Event
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
WHEREAS Black Heritage Month is a nationally recognized event brought into the
House of Commons in 1995; and
WHEREAS the event is free event and open to all community members; and
WHEREAS the event will be hosting speakers from Oxford County Archives, curator
of the Norwich and District Museum and Archives and Oxford County Historians,
sharing history, culture and heritage of Tillsonburg and surrounding areas; and
WHEREAS the goal is to create and share culture and heritage, celebrate
neighbours networking with neighbours, and learning more about local businesses
Page 7 of 280
and building connectivity; and
WHEREAS the Town of Tillsonburg supports the SAFE and Well Oxford plan that
acknowledges community-addressed advocacy for implementation of community
initiatives that deliver services that acknowledge the expanse of human difference in
Tillsonburg and Oxford County, to create more inclusivity and celebrate diversity;
and
WHEREAS, the Town has a Recreation, Culture and Parks department.
BE IT RESOLVED:
THAT the rental fee including taxes and insurance for the Black Heritage
Month event at the Tillsonburg Community Center scheduled on February
25, 2024 in the amount of $490.39 be allocated from the Tax Rate
Stabilization Reserve; and
A.
THAT the organizers of the Black Heritage Month event be encouraged to
apply for funding relief with the cultural grant through the Town of
Tillsonburg, Cultural, Heritage and Special Awards Advisory Committee for
subsequent events/years; and
B.
THAT Recreation, Culture and Parks staff provide a report to Council in
regards to a policy pertaining to waiving of total or partial rental fees for
open community events organized by non-profit or not for profit
organizations that enhance and celebrate culture in the Town of Tillsonburg.
C.
THAT staff be directed to bring to Council a grant policy to their 2024
Business Plan which includes community grant applications and in-kind
donations with a report to Council for consideration prior to the
commencement of the 2025 Budget deliberations.
D.
17.3 Councillor Parker
PART D of previous motion
Goes to next meeting
18.Resolutions/Resolutions Resulting from Closed Session
19.By-Laws
Proposed Resolution #
Moved By: Deputy Mayor Beres
Seconded By: Councillor Spencer
THAT the following By-Laws 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.
Page 8 of 280
19.1 By-Law 2024-011 A BY-LAW to Authorize a Share Purchase Agreement with
Redling Farms Ltd.
19.2 By-Law 2024-012 A By-Law to authorize an Offer to Purchase from Edwin
McLaughlin Holdings (2014) Inc., as co-purchaser.
19.3 By-Law 2024-013 A By-Law to Authorize a Personnel Policy
19.4 By-Law 2024-014 A By-Law to enter into an airport hangar land lease agreement
with Tillsonburg Flying School (Don Huras) for Taxiway G1-2, and to repeal By-Law
4320.
19.5 By-Law 2024-015 A By-Law to authorize a land lease agreement between the Town
of Tillsonburg and Glencar Farms for agricultural purposes
19.6 By-Law 2024-017 A By-Law to Appoint Members to the Down Town Tillsonburg
Business Improvement Area
20.Confirm Proceedings By-law
Proposed Resolution #
Moved By: Councillor Parker
Seconded By: Councillor Parsons
THAT By-Law 2024-016 A By-Law to Confirm the Proceedings of the Council Meeting held
on February 12, 2024, be read for a first, second, third and final reading and that the Mayor
and the Clerk be and are hereby authorized to sign the same, and place the corporate seal
thereunto.
21.Items of Public Interest
22.Adjournment
Proposed Resolution #
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT the Council meeting of February 12, 2024, be adjourned at _____.
Page 9 of 280
The Corporation of the Town of Tillsonburg
Special Council Meeting
MINUTES
Monday, January 29, 2024
4:30 PM
Boardroom CSC
10 Lisgar Ave.
ATTENDANCE: Mayor Gilvesy (Chair)
Deputy Mayor Beres
Councillor Luciani
Councillor Parker
Councillor Parsons
Councillor Rosehart
Councillor Spencer
Staff: Kyle Pratt, Chief Administrative Officer
Tanya Daniels, Director of Corporate Services/Clerk
Cephas Panschow, Development Commissioner
_____________________________________________________________________
1. Call to Order
Meeting called to order at 4:30 p.m.
2. Closed Session
Moved By: Deputy Mayor Beres
Seconded By: Councillor Spencer
THAT Council move into Closed Session to consider:
Highway 3 Land Acquisition - Share Purchase Agreement and Offer
to Purchase - CLD-EDM-24-002
Page 10 of 280
2
239 (2) (c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
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
Council then met in Closed Session.
3. Motions/Notice of Motions
None.
4. Adjournment
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
THAT the Council meeting of January 29, 2024, be adjourned at 5:07 p.m.
Carried
Page 11 of 280
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, February 5, 2024
6:00 PM
Boardroom CSC
10 Lisgar Ave.
ATTENDANCE: Mayor Gilvesy (Chair)
Deputy Mayor Beres
Councillor Luciani
Councillor Parker
Councillor Parsons
Councillor Rosehart
Councillor Spencer
Staff: Kyle Pratt, Chief Administrative Officer
Tanya Daniels, Director of Corporate Services/Clerk
Regrets: Johnathon Graham, Director of Operations & Development
Julie Columbus, Director of Recreations, Culture & Parks
Cephas Panschow, Development Commissioner
Julie Ellis, Deputy Clerk
Andrea Greenway, Interim Director of Recreation, Culture and
Parks
Graig Pettit, Hydro Operations Manager
_____________________________________________________________________
1. Call to Order
Meeting was called to order at 6:00p.m.
2. Disclosures of Pecuniary Interest and the General Nature Thereof
None.
Page 12 of 280
2
3. Closed Session
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT Council move into Closed Session to consider the following items:
2.1 Council Education Session - Rob Adams
239 (3.1) A meeting of a council or local board or of a committee of either of them
may be closed to the public if the following conditions are both satisfied:
1. The meeting is held for the purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter
in a way that materially advances the business or decision-making of the
council, local board or committee.
Carried
Council then met in Closed Session.
4. Adjournment
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT the Council meeting be adjourned at 8:37 p.m.
Carried
Page 13 of 280
1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Tuesday, January 23, 2024
6:00 PM
LPRCA
4 Elm St
Tillsonburg
ATTENDANCE: Mayor Gilvesy (Chair)
Deputy Mayor Beres
Councillor Luciani
Councillor Parker
Councillor Parsons
Councillor Rosehart
Councillor Spencer
Staff: Kyle Pratt, Chief Administrative Officer
Tanya Daniels, Director of Corporate Services/Clerk
Johnathon Graham, Director of Operations & Development
Regrets: Renato Pullia, Director of Innovation and Strategic Initiatives and
Interim Director of Finance/Treasurer
Cephas Panschow, Development Commissioner
Andrea Greenway, Interim Director of Recreations, Culture &
Parks
Julie Ellis, Deputy Clerk
_____________________________________________________________________
1. Call to Order
Mayor Gilvesy called the meeting to order at 6:00 p.m.
2. Moment of Silence
3. Adoption of Agenda
Page 14 of 280
2
Resolution # 2024-039
Moved By: Councillor Parker
Seconded By: Councillor Parsons
THAT the Agenda for the Council meeting of January 23, 2024, be approved with
the following amendment:
Agenda Item 12.7.1 Staff Report - be moved to directly follow Item 6.1
Carried
4. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest.
5. Adoption of Council Minutes of Previous Meeting
Resolution # 2024-040
Moved By: Councillor Rosehart
Seconded By: Councillor Luciani
THAT the Council meeting minutes dated January 8, 2024 and the Council
Budget meeting minutes dated January 15, 2024, be approved.
Carried
6. Presentations
6.1 thinc design - Town of Tillsonburg Draft Parks and Recreation Master
Plan
Gelila Mekonnen and Mary Catherine Mehak of thinc design presented the
Draft Parks and Recreation Master Plan.
The presentation included the following highlights:
Project overview;
Community context;
Master Plan Recommendations; and
Next steps.
Consultants answered questions from Council.
Item 12.7.1 was moved to align with the presentation.
Page 15 of 280
3
Resolution # 2024-041
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
THAT the presentation from thinc design regarding the Draft Parks and
Recreation Master Plan be received as information.
Carried
12.7.1 RCP-24-006 - Draft Parks and Recreation Master Plan
Resolution # 2024-0042
Moved By: Councillor Parker
Seconded By: Councillor Rosehart
A. THAT report titled RCP 24-006 Draft Parks and Recreation Master
Plan be received as information; and
B. THAT prior to the final draft of the Draft Parks and Recreation
Master plan, staff be directed to hold a meeting between the
Director of Park, Recreation and Culture, along with the council
reps from the Parks, Beautification and Cemetery Advisory
Committee and the Recreation and Sports Advisory Committee
including the Committee Chair and Mayor Gilvesy to capture the
actual feedback from the Advisory committee open house; and
C. THAT the Parks, Beautification and Cemetery Advisory Committee
and the Recreation and Sports Advisory Committee agenda's be
amended to include the Master Plan as an item for debate.
Carried
7. Public Meetings
7.1 A08-23 - Application for Minor Variance (1410 Bell Mill Sideroad)
Laurel Davies-Snyder, Development 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.
Page 16 of 280
4
No one appeared before Council in favour or in opposition of the
application.
Resolution # 2024-043
Moved By: Councillor Rosehart
Seconded By: Councillor Parker
THAT Council move into the Committee of Adjustment to hear an
application for Minor Variance at 6:42 p.m.
Carried
Resolution # 2024-044
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
THAT the Town of Tillsonburg Committee of Adjustment approve
Application File A08-23 submitted by Saishyam Holdings Ltd. for the lands
known as Part 1, 41R-10451, 1410 Bell Mill Sideroad, Town of
Tillsonburg, as it relates to:
Section 17.2 - Zone Provisions – Table 17.2: Zone Provisions – Interior
Side Yard, Minimum Width, to reduce the minimum required interior side
yard from the southerly lot line from 3.0 m (9.8 ft) to 1.2 m (3.9 ft); and,
Section 5.24.2.1 - Off-Street Parking Required – Table 5.24.2.1 - Parking
Standards, to reduce the total number of required parking spaces from
thirteen (13) to twelve (12).
subject to the following conditions:
a) a building permit for the proposed building shall be issued within one (1)
year of the date of the Committee's decision.
As the proposed variances are:
(i) 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;
Page 17 of 280
5
(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 # 2024-045
Moved By: Councillor Luciani
Seconded By: Councillor Parsons
THAT Council move out of Committee of Adjustment and move back into
regular Council session at 6:47 p.m.
Carried
7.2 ZN 7-23-09 and OP 23-12-7 Applications for Official Plan Amendment
and Zone Change - OP 23-12-7 and ZN 7-23-09 - Tillsonburg LTC Inc.
(25 Maple Lane)
Eric Gilbert, Oxford County, appeared before Council to provide an
overview of the application. Staff recommend approval of the official plan
amendment and zone change application.
Opportunity was provided for comments and questions from Council.
Questions were asked of staff regarding:
Parking provisions;
Green space inclusion in the property.
Heather Price, Consultant, along with Wade Stever, Planner, of
PeopleCare appeared before Council in support of the application. A
presentation was provided to Council outlining the project.
Resolution # 2024-046
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT the Council of the Town of Tillsonburg advises Oxford County
Council that the Town supports the application to amend the Official Plan
(File No. OP 23-12-7) as submitted by the Tillsonburg LTC Inc. (People
Care Inc.), for lands legally described as Part Lot 380 Plan 500, 41R-
9104, Town of Tillsonburg, municipally known as 25 Maple Lane in the
Page 18 of 280
6
Town of Tillsonburg, to re-designate the lands from Residential to
Community Facilities; and
THAT the Council of the Town of Tillsonburg approve in-principle the zone
change application (ZN 7-23-09), submitted by Tillsonburg LTC Inc.
(PeopleCare Inc.)/Town of Tillsonburg, whereby the lands legally
described as Part Lot 380 Plan 500, 41R-9104, municipally known as 25
Maple Lane in the Town of Tillsonburg are to be rezoned from ‘Minor
Institutional Zone (IN1)’ to ‘Special Major Institutional Zone (IN2-sp)’ and
‘Special Major Institutional Holding Zone (IN2-sp (H)’.
Carried
7.3 ZN 7-23-04 and OP 23-07-7 Applications for Official Plan Amendment
and Zone Change (102 Dereham Drive)
Eric Gilbert, Oxford County, appeared before Council to provide an
overview of the application. Staff recommend approval of the official plan
amendment and zone change application.
Opportunity was provided for comments and questions from Council.
Questions were asked of staff regarding:
Location of Town Houses relative to existing properties;
Drop off / pick up location for the area School; and
Crosswalk location ability and site plan design.
Rebecca Smith of the County of Oxford appeared before Council in
support of the application. Rebecca Smith answered questions from
Council including an explanation of the rental plans and incentives for the
housing strategy.
David Climie attended before Council to provide comments in opposition
of the application. Mr. Climie commented his strong opposition to the
application including concerns on angle road parking, insufficient parking
at the area School, and requested the application be denied.
Council asked questions to staff regarding parking.
An amended resolution was presented to Council for debate. This motion
was withdrawn by the Mover (C. Parker).
The staff recommendation was then presented to Council for debate.
Page 19 of 280
7
Resolution # 2024-047
Moved By: Councillor Parker
Seconded By: Councillor Parsons
THAT the Council of the Town of Tillsonburg advise Oxford County
Council that the Town supports the application to amend the Official Plan
(File No. OP 23-07-7) as submitted by the County of Oxford for lands
legally described as Part Lot 8, Concession 12 (Dereham), municipally
known as 102 Dereham Drive in the Town of Tillsonburg, to re-designate
the lands from Low Density Residential to Medium Density Residential;
and
THAT the Council of the Town of Tillsonburg approve in-principle the zone
change application (ZN 7-23-04), submitted by the County of Oxford,
whereby the lands legally described as Part Lot 8, Concession 12
(Dereham), municipally known as 102 Dereham Drive in the Town of
Tillsonburg are to be rezoned from ‘Minor Institutional Zone (IN1)’ to
‘Special Medium Density Residential Zone (RM-sp)’.
A recorded vote was requested by Councillor Parker:
Mayor Gilvesy – No
Deputy Mayor Beres – Yes
Councillor Luciani – Yes
Councillor Parker – No
Councillor Parsons – Yes
Councillor Rosehart – No
Councillor Spencer - Yes
Carried (4 to 3)
8. Planning Reports
9. Delegations
9.1 Olive Williams Re: Black History Heritage Event
Page 20 of 280
8
Olive Williams appeared before Council to share information regarding the
Black History Heritage Event that will be held in Tillsonburg on February
25, 2024.
Resolution # 2024-048
Moved By: Councillor Spencer
Seconded By: Councillor Parsons
THAT the delegation from Olive Williams regarding Black History Heritage
Event be received as information.
Carried
10. Deputation(s) on Committee Reports
11. Information Items
Resolution # 2024-049
Moved By: Deputy Mayor Beres
Seconded By: Councillor Rosehart
THAT the following information items be received as information:
11.1 Oxford Invitational Youth Robotics Challenge - Letter of Appreciation
11.2 Long Point Region Conservation Authority 2024 Budget and Levy
Meeting Vote
Carried
12. Staff Reports
12.1 Chief Administrative Officer
12.2 Corporate Services
12.2.1 CS-24-004 - Committee Appointments
Resolution # 2024-050
Moved By: Councillor Parker
Seconded By: Deputy Mayor Beres
A. THAT Report CS 24-004 titled Committee Appointments be
received as information; and
Page 21 of 280
9
B. THAT Christine Lamers and Michael Brown be appointed to
the Accessibility Advisory Committee; and
C. THAT David Hillner be appointed to the Airport Advisory
Committee; and
D. THAT Jean Martin and Shelley Langley be appointed to the
Affordable and Attainable Housing Committee; and
E. THAT a By-Law to amend By-Law 2023-009, be brought
forward for Council consideration.
Carried
12.2.2 CS-24-008 - Organization Communications Review
Resolution # 2024-051
Moved By: Councillor Spencer
Seconded By: Councillor Parsons
A. THAT report titled “Organization Communications Review”
be received as information; and
B. THAT the hiring of a Communications Specialists effective
June 17, 2024 within the Corporate Services Department be
approved; and
C. THAT the Treasurer be directed to realign the funding for the
position as outlined within report CS-24-008.
Carried
12.3 Economic Development
12.3.1 EDM-24-002 - Surplus Land Declaration – Municipal Lands
East of Langrell Avenue
Resolution # 2024-052
Moved By: Deputy Mayor Beres
Seconded By: Councillor Parker
A. THAT report titled EDM 24-002 Surplus Land Declaration –
Municipal Lands East of Langrell Avenue be received; and,
Page 22 of 280
10
B. THAT the municipally owned lands located East of Langrell
Avenue, North of the Town owned Storm Water
Management facility, and described as part of Part 55 on
Plan 41R-7299, be declared surplus to the needs of the
Town of Tillsonburg in accordance with Bylaw 2021-031
(land disposition) including suitable notification to the public;
and,
C. That the Development Commissioner be authorized to
negotiate an Agreement of Purchase and Sale with the
adjacent property owner(s) subject to being brought back to
Council for approval.
Carried
12.4 Finance
12.4.1 FIN-24-006 - 2024 Council Expense Policy and Budget
Resolution # 2024-053
Moved By: Councillor Rosehart
Seconded By: Councillor Spencer
THAT report titled “2024 Budget and Council Expenses” be
received as information.
Carried
12.5 Fire and Emergency Services
12.6 Operations and Development
12.6.1 OPD-24-008 - 2024 Transfer Station Update
Resolution # 2024-054
Moved By: Deputy Mayor Beres
Seconded By: Councillor Rosehart
A. THAT report titled OPD 024-008, 2024 Transfer Station
Update be received as information; and
Page 23 of 280
11
B. THAT staff be directed to complete the requested Ministry of
the Environment, Conservation and Parks updates per local
By-Law(s), studies and/or reports insofar as enabling the
Town to open the Transfer Station on Sundays for organic
waste deposal only as governed by the Environmental
Compliance Approval permit number 8714-CVUJR; and
C. THAT $20,000 (including HST) be authorized from the 2024
Waste Management Operating Budget for the 2024/2025
Ministry of the Environment, Conservation and Parks
requested Noise Impact Assessment.
Carried
12.6.2 OPD-24-005 - Sidewalk Connectivity - on Tanager (from Canary
Street to Bobolink Drive)
Resolution # 2024-055
Moved By: Councillor Spencer
Seconded By: Councillor Luciani
A. THAT report titled “Sidewalk Connectivity – on Tanager
Drive (from Canary Street to Bobolink Drive)” be received as
information; and
B. THAT the Treasurer be directed to allocate $55,000 from the
Linear Infrastructure Reserve Fund towards the construction
of a link of sidewalk in line with the Sidewalk Connectivity
Plan approved by Council in 2018.
Carried
12.7 Recreation, Culture and Parks
Item 12.7.1 was moved to directly follow Item 6.1
12.7.2 RCP 24-005 - Capital Budget Funding Reallocation - EMS Bay
Suspended Slab Floor
Resolution # 2024-056
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
Page 24 of 280
12
A. THAT report titled “RCP 24-005 Capital Budget Reallocation
– Fire EMS Bay Suspended Slab Floor” be received as
information; and
B. THAT $10,000 from the Facilities Reserve be approved to
be added to the $20,000 2023 carry forward project #731
Fire Hall EMS Bay Floor Slab Repair, for work completed in
2024.
Carried
13. New Business
14. Consideration of Minutes
14.1 Advisory Committee Minutes
Resolution # 2024-057
Moved By: Councillor Spencer
Seconded By: Councillor Parsons
That the following Advisory Committee minutes be received as
information:
The Economic Development Advisory Committee Meeting Minutes
dated December 12, 2023
The Youth Advisory Council Meeting minutes dated January 10,
2024
Carried
15. Motions/Notice of Motions
16. Resolutions/Resolutions Resulting from Closed Session
17. By-Laws
Resolution # 2024-058
Moved By: Deputy Mayor Beres
Seconded By: Councillor Spencer
THAT the following By-Laws 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.
Page 25 of 280
13
17.1 By-Law 2023-007 A By-Law to Amend Zoning By-Law Number 3295,
as amended (ZN 7-23-04)
17.2 By-Law 2024-008 A By-Law to amend Zoning By-Law Number 3295,
as amended (ZN 7-23-09)
17.3 By-Law 2024-009 A By-Law to amend By-Law 2023-009
Carried
18. Confirm Proceedings By-law
Resolution # 2024-059
Moved By: Councillor Spencer
Seconded By: Deputy Mayor Beres
THAT By-Law 2024-006 A By-Law to Confirm the Proceedings of the Council
Meeting held on January 23, 2024, 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
19. Items of Public Interest
20. Closed Session
Resolution # 2024-060
Moved By: Councillor Parker
Seconded By: Councillor Luciani
THAT Council move into Closed Session to consider the following:
20.4.1 CLD-EDM-24-001 - Vienna Road Property Inquiry
239 (2) (c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
239 (2) (f) advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
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
Page 26 of 280
14
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.
20.4.2 CLD-CS-24-001 - Committee Membership
239 (2) (b) personal matters about an identifiable individual, including municipal
or local board employees;
239 (2) (f) advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
Carried
20.1 Adoption of Agenda
20.2 Disclosure of Pecuniary Interest and the General Nature Thereof
20.3 Adoption of Closed Session Minutes
20.4 Reports
20.4.1 CLD-EDM-24-001 - Vienna Road Property Inquiry
20.4.2 CLD-CS-24-001 - Committee Membership
20.5 Back to Open Session
21. Adjournment
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Council meeting of January 23, 2024, be adjourned at 9:27 p.m.
Carried
Page 27 of 280
Town of Tillsonburg
2023/2024 Management/Non-union Compensation Review
Confidential Summary Report
Marianne Love, ML Consulting
February 12, 2024
Confidential
Page 28 of 280
Background and Objective
The Town of Tillsonburg completed a compensation review in 2017 that produced a 2018 salary
grid with job rates that reflected the 55th percentile of the defined pay market.At that time,it
was identified that a new job evaluation system should be introduced.
The Salary Grid has been adjusted annually by an economic adjustment (1.5%,2%and 5.7%for
2021 through to 2023).
The Consultant was retained in 2023 to conduct a review of the current compensation program;
specifically,to assess the competitive pay market,the current pay policy (percentile target),
and assess internal equity and pay equity compliance using a new job evaluation system.
The outputs of this review and recommendations will enable future growth in organization and
job design and provide the foundation to align fair and competitive pay with performance.
Page 2
Page 29 of 280
Project Overview
The Consultant met with the Manager, Human Resources in May 2023 to discuss project
objectives, tools, systems and processes.
It was determined at the outset that a new job evaluation system would be introduced to
evaluate all positions and to produce a framework to support equity, compliance and a
competitive salary framework.
The Consultant finalized a custom market study using 11 comparator organizations; these
comparators were selected having regard to historical comparators, geographic placement
and measures of size/scope of service.
The Consultant evaluated all positions using updated job information and the new job
evaluation system to assess internal equity and pay equity compliance.
A revised banding framework was developed to support organization growth and job design.
Proposed 2023 job rates were prepared based on the competitive pay market and pay equity
was tested.
A 2023 salary grid framework was prepared for implementation costing and can be further
adjusted for the 2024 budget cycle.
Page 3
Page 30 of 280
Tillsonburg’s Approach to Compensation
The Town’s compensation philosophy addresses principles of:
Internal Equity (fairness)
Pay Equity (compliance)
Market Equity (competitiveness)
Sustainability and Renewal
The compensation program consists of these elements, and all elements were considered in the
2023/2024 Compensation Review:
1. Collection of Current Job Information
2. Job Evaluation
3. Pay Equity Analysis
4. Market Review
5. Revised Salary Grid
Page 31 of 280
Executive Summary
Ensuring employees are paid fairly and competitively is a requisite for effective service delivery,
given the limited resources in municipalities and the challenges in attracting and retaining staff
in specialized, technical and management positions.
The 65th percentile pay target is recommended as representative, progressive and reasonable
having regard to scope, size and composition of the comparator group in relation to the Town of
Tillsonburg, a conservative approach to job matching, attraction and retention challenges,
geographic placement, economic conditions and external influencers (e.g., competitor pay data
and evolving pay practice in the broader public sector pay in the local/regional area).
On aggregate, the Town currently pays below the 65th percentile target of the defined comparator
group; with greater deviation in some positions.
The updated compensation framework addresses:
Internal equity for all positions
All positions are placed in pay bands using consistent interpretation and application of
the Job Evaluation System
Pay equity compliance
All female job classes have a job rate equal to the male comparator job rate to ensure
compliance with the Pay Equity Act.
Pay policy with job rates that reflect the 65th percentile target of the defined pay market
Page 5
Page 32 of 280
Internal Equity and Pay Equity Compliance
Job information was updated for all positions using the Town’s job description template.
A 12-factor Job Evaluation System was introduced to evaluate all positions. The system measures
skill effort, responsibility and working conditions; includes factor language and weight allocation
that supports organization design, leadership and decision-making models; has been accepted by
Pay Equity Review Services and is widely used in the Municipal sector.
A banding framework was prepared that holds jobs of similar value. The framework consists of 16
pay bands prepared using a consistent increasing 5-point spread and supports the new salary grid
and pay equity compliance. Two empty bands have been included to support changes in job design
and future growth (Bands 3 and 15).
The Town is required to show that pay equity has been achieved for full time, part time and
seasonal positions with the posting of a Pay Equity Plan and maintained pursuant to the Pay Equity
Act.
Pay Equity compliance was reviewed for all positions using the new job evaluation system based
on the updated job descriptions provided. Gender determination was based on the requirements
of the Pay Equity Act, having regard to historic and stereotypic dominance. The job-to-job method
of comparison using male comparators of similar value was used for all female job classes.
Page 6
Page 33 of 280
Internal Equity and Pay Equity Compliance
There are pay equity impacts identified for 4 female job classes.
An Amended Pay Equity Plan will be prepared to reflect the 2023 pay equity analysis.
The pay equity impacts can be addressed through implementation of the revised 2023 Salary Grid
(i.e., the step placement will include the pay equity adjustment).
Pay equity can be maintained by evaluating new and changed positions using the tools, systems
and banding framework introduced in this Review.
Page 7
Page 34 of 280
New Job Evaluation System
FACTOR SUB-FACTOR
SKILL Education
Experience
Judgement and Decisions
Ingenuity and Creativity
EFFORT Physical/Mental Exertion
RESPONSIBILITY Independent Action
Financial Management
Impact of Errors
Supervision
Influencing Others (Contacts)
Confidentiality
WORKING CONDITIONS Operating Environment/Hazards
Page 35 of 280
Market Competitiveness
The market comparator group was selected to reflect relevant scope/criteria:
Measures of size and scope of service
Similar service alignment/”like” services
Geographic location
Reflective of local/regional economy and recruitment
Historic comparators
11 comparators were selected for the 2023 Market Review
Page 9
Page 36 of 280
Market Comparators….
Central Elgin*
Kingsville*
Leamington
Strathroy Caradoc*
Middlesex Centre*
North Perth*
Woodstock
Stratford
Ingersoll*
Oxford County*
Norfolk County
* Denotes historic comparators; the County of Oxford was a comparator for select positions
Page 37 of 280
Market Competitiveness—Approach
Positions were matched by the Consultant to similar positions in comparator organizations
having regard to job title, job information, organizational charts, and 2023 annual and
hourly job rates (maximum rates).
A conservative approach was used in the job matching exercise and outlier matches were
removed from the analysis so that results were not skewed.
Market statistics based on 3 or more matches were calculated to determine market
competitiveness using various percentile targets (55th, 60th, 65th, 70th). Percentile targets
help define the Town’s relative placement to the defined pay market.
The Market Summary indicates that on aggregate, current Job Rates for the Town of
Tillsonburg are below all percentile targets, with greater deviation in some positions (i.e.,
paying below typical salary).
The percentile target is a measure of how the positions are ranked in the comparator
group, highest to lowest.
the 55th percentile target is the $ Rate where 55% of the wage rates in the comparator
organizations are below this amount and 45% are above
the 70th percentile target is the $ Rate where 70% of the wage rates in comparator organizations
are below this amount, and only 30% are above.
Page 11
Page 38 of 280
Market Competitiveness—Aggregate comparison
Aggregate Comparison--
Tillsonburg’s 2023 Job Rates
compared to 2023 Market
Percentile Targets
P55 P60 P65 P70
Annual Job Rate 1.9% below 3.1% below 4.4% below 5.8% below
Hourly Job Rate 10.5% below 12.2% below 14.2% below 16% below
The differences in annual and hourly market comparison results are attributed to hours of work;
comparators don’t have uniform hours of work for all matched positions. The majority of the Town’s
positions are 2080 annual hours (40-hour work week).
The Town of Tillsonburg is less competitive when comparing job rates (maximum rates) for some Senior
and Mid-Management positions in Bands 11 to 14. This is in keeping with market observations for many
Municipalities across the province, given the age demographic and challenges to attract and retain top
talent.
Positions in Pay Bands 5, 6, 7 and 8 are closer to the identified targets, impacting the overall aggregate
assessment.
There is an inequity in competitive pay throughout the employee group.
Re-aligning positions in the ladder chart using the new job evaluation system has brought some positions
closer to a competitive pay target.
Page 12
Page 39 of 280
Result of the Market Review
Approximately 50% of positions have job rates (maximum rates) below the current pay target
(55th percentile); approximately 65% of the positions are below the 65th percentile target.
Contributing factors to current market placement:
6 years have lapsed since the last market survey was conducted (2017)
Many of the Comparators have completed a salary review in the last 3 to 4 years and
adjusted their salary grids accordingly.
Many of the Comparators have revisited their compensation policy and adjusted their
comparator pool and/or increased the target market percentile above the 55th percentile
to achieve competitive job rates.
6 of the 11 comparators have adopted percentile targets at the 60th percentile or
higher
Page 13
Page 40 of 280
Why the 65th Percentile for the Town of Tillsonburg?
It is recommended that the Town adopt a pay policy that establishes job rates that reflect
the 65th percentile of the defined pay market, having regard to:
the size/scope of the 2023 comparator group;
a conservative approach to job matching;
attraction and retention challenges;
geographic placement; and
economic conditions and external influencers.
This reflects a progressive approach in aligning job rates with an evolving and competitive
pay market using the foundational job evaluation system and the banding framework and
supports the Town’s strategic priority as being an employer of choice.
The revised pay target and updated job evaluation results will better align the
competitive pay targets for positions in the employee group and achieve equity when
comparing to the defined pay market.
Page 14
Page 41 of 280
Revised 2023 Job Rates and Salary Grid Framework
A job rate was prepared for each band that reflects the 65th percentile target.
A draft Salary grid framework was prepared for positions using job rates (maximum rates) that
reflect the 65th percentile of the pay market. The framework consists of 5 steps with a 4% step
differential; Step 5 (or the highest step in the Band) is job rate (maximum rate) for the pay band.
Job rates (maximum rates) have been prepared for all pay bands reflecting the 65th percentile pay
target. Current job rates were used for Bands 2 and 6.
An economic adjustment can be applied to the new grid framework for the 2024 budget cycle (for
April 1, 2024).
Implementation costing has been prepared by staff using the same step methodology, considering
consistency, equity, retention and sustainability.
2024 cost impacts will be outlined in the staff report.
Page 15
Page 42 of 280
Pay Practice and Future Considerations
It is recommended that the revised 2023 Salary Grid be implemented effective April 1, 2024.
It is recommended that the following pay practices be continued to build resilience in pay policy,
supported by prevailing practice in the sector:
That the Town adopt the practice of undertaking a periodic market review of all positions on a
3 to 4-year cycle in order to ensure competitive pay practices in light of changing demographics
and work practices in the municipal sector.
This has become a best practice in the sector, providing analysis that supports adjustments
to the salary grid to ensure an organization is not overpaying or underpaying positions.
That annual increases to the Salary Grid be determined having regard to CPI increases and
increases provided by the comparators. This will inform the appropriate salary grid adjustments
and support a sustainable compensation framework.
That new and changed positions continue to be evaluated using the new job evaluation system;
and that pay equity compliance be reviewed annually.
That the Performance Management Program be updated to align pay and performance.
Page 16
Page 43 of 280
Page 1 of 3
Subject: Economic Development Advisory Committee Resolution – Oversizing of
Municipal Services
Report Number: EDM 24-005
Committee Name: Economic Development Advisory Committee
Submitted by: Laura Pickersgill, Executive Assistant and Cephas Panschow,
Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
A. THAT report titled “EDM 24-005 Economic Development Advisory Committee
Resolution – Oversizing of Municipal Services” be received; and
B. THAT the recommendation of the Economic Development Advisory Committee
be supported by Council and that Oxford County be requested to provide a
rationale for sizing and oversizing of municipal services in support of future
growth;
C. THAT Oxford County be encouraged to consider entering into cost-sharing
agreements with developers for the oversizing of municipal services where it is in
the interest of the Town/County to do so.
BACKGROUND
The Engineering Consultant for a private sector developer/development within the Town
has been advised that the County of Oxford is not interested in having municipal
services (sanitary and water main) oversized to potentially service lands immediately
adjacent to, but outside the Town boundary. As it has been the practice to do so when
the opportunity arises and there are a number of existing situations where this has
occurred, the Engineering Consultant presented the issue to the Town’s Economic
Development Advisory Committee who subsequently passed a resolution that asks for
more rationale as to how these decisions are made to support these opportunities as
they arise should they be of benefit to the Town. Staff is bringing the Committee’s
resolution forward for Council to consider.
Page 44 of 280
EDM 24-005 Economic Development Advisory Committee Resolution – Oversizing of
Municipal Services
Page 2 of 3
DISCUSSION
As indicated above, it has been the practice in the past for oversizing costs to be paid
by Oxford County to oversize sewer and water mains so that capacity is available for
future development.
As the rationale for the decision to oversize municipal services is not clear, the
Economic Development Advisory Committee has recommended that more information
and background rationale be obtained from the County and that support for
opportunities in this regard be considered in order to ensure that the future growth and
development of the Town is not compromised.
CONSULTATION
At the December 12, 2023, meeting of the Economic Development Advisory Committee,
the Consulting Engineer provided an overview of the oversizing service requirements for
expansion of external lands to the west of the Town boundary.
There was discussion by the Committee that the decision to not oversize the services
could result in less desirable future options for the Town. As the Town is rapidly
growing it is quite likely that the remaining vacant lands will be developed in the near
future, which may require boundary adjustments to be able to keep up with the demand
for growth in the local community.
Following that discussion the following resolution was passed:
Moved By: Kirby Heckford
Seconded By: Councillor Parsons
WHEREAS one of the major responsibilities of regional government is
long-term planning of servicing requirements, including beyond municipal
boundaries, therefore be it considered:
THAT the Town of Tillsonburg Economic Development Advisory
Committee recommends to Council that:
Oxford County be requested to provide a rationale for oversizing or not
oversizing municipal services to support future growth;
They consider entering into cost-sharing agreements with developers for
the oversizing of municipal services where it is in the interest of the
Town/County to do so.
Carried
Page 45 of 280
EDM 24-005 Economic Development Advisory Committee Resolution – Oversizing of
Municipal Services
Page 3 of 3
FINANCIAL IMPACT/FUNDING SOURCE
No direct costs associated with this report to the Town
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 accommodate and support sustainable growth.
Strategic Direction – Pursue the acquisition of additional municipal land to
accommodate growth. Plan and develop a long-term finance strategy for new services
and infrastructure to support growth.
Priority Project – N/A
ATTACHMENTS
Appendix A – N/A
Page 46 of 280
1
Tanya Daniels
Subject:A Message from the Minister of Infrastructure: Housing Enabling Water Systems Fund – Application
Intake Launch
From: Minister of Infrastructure <Minister.MOI@ontario.ca>
Sent: Monday, January 29, 2024 10:48 AM
To: Minister of Infrastructure <Minister.MOI@ontario.ca>
Subject: A Message from the Minister of Infrastructure: Housing Enabling Water Systems Fund – Application Intake
Launch
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links
from unknown senders.
Good morning,
In the 2023 Fall Economic Statement, the Ontario government announced $200 million in funding
over three years for a new Housing-Enabling Water Systems Fund (HEWSF). This program will target
critical water projects to help unlock more housing in Ontario, bringing us one step closer to our
government’s goal of building at least 1.5 million homes by 2031.
I am pleased to announce the application intake has officially launched today for this program. The
deadline for municipalities to apply through Ontario’s online grant portal, Transfer Payments Ontario
(TPON) will be April 19, 2024.
Key highlights of the program include:
All municipalities that own water infrastructure are eligible to submit one application with a
maximum project provincial contribution cost of $35 million or less.
Joint municipal applications are eligible and encouraged.
Projects must include a capital component and:
o Be in the process of, or have completed, the design and planning phases.
o Start by September 30, 2024, and be completed by March 31, 2027.
Projects will be evaluated based on technical merit and outcomes, including housing, project
readiness, and health and safety.
To ensure a seamless application process and to provide municipalities with ample time to prioritize
projects, ministry staff will continue to host webinars open for all municipalities to attend. Additionally,
if you have any program inquiries, please send your questions to HEWS@ontario.ca .
While we are moving forward with addressing the urgent need for critical water projects, we
understand that significant infrastructure needs persist across the province. Ontario remains steadfast
in our call on the federal government for new federal-provincial infrastructure funding to support the
province’s rapidly growing population, unlock more housing opportunities, and spur economic growth.
Thank you for your ongoing partnership as we work to protect and grow communities across Ontario.
Sincerely,
The Honourable Kinga Surma
Minister of Infrastructure
Page 47 of 280
2
Confidentiality Warning: This e-mail contains information intended only for the use of the individual(s) named above. If
you have received this e-mail in error, we would appreciate it if you could advise us through the Minister’s website at
www.ontario.ca/page/ministry-infrastructure and destroy all copies of this message. Thank you.
Page 48 of 280
Page 49 of 280
Page 50 of 280
[Type text] TILLSONBURG DISTRICT MEMORIAL HOSPITAL 167 Rolph St., Tillsonburg, ON N4G 3Y9
Phone: 519-842-3611 Fax: 519-842-6733 www.tillsonburghospital.on.ca
ALEXANDRA HOSPITAL, INGERSOLL 29 Noxon St., Ingersoll, ON N5C 1B8
Phone: 519-485-1732 Fax: 519-485-9606 www.alexandrahospital.on.ca
January 29, 2024
Julie Ellis Deputy Clerk Town of Tillsonburg
Re: Resolution # 2024-026 Primary Health Care Recruitment funding
Dear Ms. Ellis, Having reviewed the proposal in Resolution #2024-026 as provided by email, Tillsonburg District Memorial Hospital would like to thank the Tillsonburg Town Council for consideration of this resolution, and pledges the
hospital’s support as noted within the resolution.
On behalf of TDMH, please accept this letter with thanks for the town’s continued support.
Sincerely,
_____________________
Name: Nadia Facca
Title: President and Chief Executive Officer
Page 51 of 280
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 -
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Meeting Minutes of January 3, 2024
Approved February 7, 2024
Members in attendance:
Robert Chambers, Chair County of Brant
Dave Beres, Vice-Chair Town of Tillsonburg
Shelley Ann Bentley Haldimand County
Doug Brunton Norfolk County
Michael Columbus Norfolk County
Tom Masschaele Norfolk County
Chris Van Paassen Norfolk County
Rainey Weisler Municipality of Bayham/Township of Malahide
Peter Ypma Township of South-West Oxford
Regrets:
Stewart Patterson Haldimand County
John Scholten Township of Norwich
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
Leigh-Anne Mauthe, Interim Manager of Watershed Services
Saifur Rahman, Manager of Engineering and Infrastructure
Jessica King, Social Media and Marketing Associate
Dana McLachlan, Executive Assistant
*R. Weisler joined the meeting at 6:35 p.m.
1. Welcome and Call to Order
The Vice-Chair called the meeting to order at 6:30 p.m., Wednesday, January 3, 2024.
2. Additional Agenda Items
There were no additional agenda items.
3. Declaration of Conflicts of Interest
None were declared.
4. Elections
The Chair and Vice-Chair vacated their seats and Ms. Kimberley Earls, Executive Director
for South Central Ontario Region Economic Development Corporation assumed the Chair
Page 52 of 280
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 -
position. The positions for Chair and Vice-Chair were declared vacant.
A-1/24
Moved by P. Ypma
Seconded by S. Bentley
THAT the LPRCA Board of Directors appoints Alison Earls as scrutineer for the purpose of
electing officers.
Carried
a) Election of Chair
1) Call for Nominations
Dave Beres nominated Robert Chambers who accepted the nomination.
Chair Earls made two further calls for nominations. There were no further nominations.
2) Motion to Close Nominations for Chair
A-2/24
Moved by M. Columbus
Seconded by T. Masschaele
THAT the nominations for the Chair be closed.
Carried
3) Distribution and collection of ballots by Scrutineer
Ballots were not required.
4) Announce Election Results
Robert Chambers was declared the Long Point Region Conservation Authority Chair for
2024.
5) Motion to Destroy Ballots
Ballots were not required.
b) Election of Vice-Chair
1) Call for Nominations
Robert Chambers nominated Dave Beres who accepted the nomination.
Page 53 of 280
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 -
Chair Earls made two further calls for nominations. There were no further nominations.
Rainey Weisler arrived at 6:35 p.m.
2) Motion to Close Nominations for Vice-Chair
A-3/24
Moved by C. Van Paassen
Seconded by D. Brunton
THAT the nominations for the LPRCA Vice-Chair be closed.
Carried
3) Distribution and collection of ballots by Scrutineer
Ballots were not required.
4) Announce Election Results
Dave Beres was declared the Long Point Region Conservation Authority Vice- Chair
for 2024.
5) Motion to Destroy Ballots
Ballots were not required.
The Chair and Vice-Chair thanked their nominators and the Board for their support and
were looking forward to the year ahead.
Ms. K. Earls and Ms. A. Earls were thanked for their service and left the meeting.
Robert Chambers, Chair assumed the position and carried on the meeting.
5. Committee Appointments
The General Manager reviewed each of the committee membership requirements and
members were asked to express interest in committee appointments. Doug Brunton and
Michael Columbus were willing to participate as representatives to the Lee Brown Marsh
Management Committee. The committee is represented by the LPRCA Chair and one other
appointee. The Chair inquired if a designate could be appointed in the Chair’s place on the
Lee Brown Marsh Management Committee. There was a brief discussion on the matter and
there was no opposition to the Chair’s request.
The General Manager indicated that Mr. Patterson expressed interest in being a member of
the Audit and Finance Committee.
Page 54 of 280
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 -
A-4/24
Moved by P. Ypma
Seconded by M. Columbus
THAT the LPRCA Board of Directors approves the following appointments for 2024:
Michael Columbus as the Land Acquisition Chair;
And
Doug Brunton and, LPRCA Chair designate, Michael Columbus to the Lee Brown Marsh
Management Committee;
And
Dave Beres, Tom Masschaele, Rainey Weisler and the LPRCA Chair to the Backus
Museum Committee;
And
Doug Brunton, Stewart Patterson, Chris Van Paassen, the Chair, and Vice-chair to the Audit
and Finance Committee.
Carried
6. Minutes of the Previous Meeting
a) Board of Directors Meeting of December 6, 2023
A-5/24
Moved by T. Masschaele
Seconded by D. Brunton
THAT the minutes of the LPRCA Board of Directors Meeting held December 6, 2024 be
adopted as circulated.
Carried
7. Business Arising
There was no business arising from the previous minutes.
Page 55 of 280
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 -
8. Review of Committee Minutes
a) Backus Museum Committee – November 29, 2022
A-6/24
Moved by R. Weisler
Seconded by S. Bentley
THAT the minutes of the Backus Museum Committee Meeting held November 29, 2022 be
adopted as circulated.
Carried
b) Lee Brown Marsh Management Committee – August 22, 2023
A-7/24
Moved by R. Weisler
Seconded by P. Ypma
THAT the minutes of the Lee Brown Marsh Management Committee Meeting held August
22, 2023 be adopted as circulated.
Carried
c) Backus Museum Committee – September 18, 2023
A-8/24
Moved by M. Columbus
Seconded by R. Weisler
THAT the minutes of the Backus Museum Committee Meeting held September 18, 2023
be adopted as circulated.
Carried
d) Draft Audit and Finance Committee – December 1, 2023
A-9/24
Moved by C. Van Paassen
Seconded by T. Masschaele
THAT the minutes of the Audit and Finance Committee Meeting held December 1, 2023
be adopted as circulated.
Carried
Page 56 of 280
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 -
9. Correspondence
a) Ministry of Natural Resources and Forestry Re: Extension of Minister’s
Direction for Conservation Authorities Regarding Fee Changes Associated
with Planning, Development and Permitting Fees
Further information was included in the report presented as item 11c).
A-10/24
Moved by P. Ypma
Seconded by S. Bentley
THAT the correspondence outlined in the Board of Directors Agenda of January 3, 2024 be
received as information.
Carried
10. Development Applications
a) Section 28 Regulations Approved Permits
Through the General Manager’s delegating authority, 15 applications were approved in the
past month. LPRCA-183/23, LPRCA-209/23, LPRCA-250/23, LPRCA-252/23, LPRCA-
253/23, LPRCA-254/23, LPRCA-255/23, LPRCA-256/23, LPRCA-25/23 - Revised, LPRCA-
257/23, LPRCA-258/23, LPRCA-259/23, LPRCA-260/23, LPRCA-261/23, and LPRCA-
262/23
A-11/24
Moved by S. Bentley
Seconded by R. Weisler
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits
report dated January 3, 2024 for information.
Carried
11. New Business
a) 30-Day Notice of Budget and Levy Meeting Vote
Following the budget meeting of November 8, the 2024 draft budget was circulated to
member municipalities for a 30-day review and comment period. No comments were
received.
The budget and levy vote is scheduled to be held at the next board meeting, February 7th. A
30-day notice of the vote is required to be sent to member municipalities
Page 57 of 280
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 -
A-12/24
Moved by R. Weisler
Seconded by P. Ypma
THAT the Board of Directors receives the 30-Day Notice of Budget and Levy Meeting Vote
as information;
And
THAT the LPRCA Board of Directors direct staff to send out the 30-day Notice of Budget
and Levy Meeting Vote to be held February 7, 2024.
Carried
b) External Audit Services 2024-2028
A report from staff and quote from MNP LLP for external audit services for the 2024-2028
term was submitted to the Audit and Finance Committee in December. The Committee
recommended a report be submitted to the Board for approval.
A-13/24
Moved by C. Van Paassen
Seconded by D. Beres
THAT the LPRCA Board of Directors appoints MNP LLP as the Long Point Region
Conservation Authority’s external auditor for the 2024 – 2028 fiscal periods.
Carried
c) Extension of Minister’s Direction for Fee Changes Associated with Planning,
Development and Permitting Effective January 1, 2024
As per Minister’s Direction, the Planning, Development and Permitting fees were frozen at
the end of 2022 for the following year. In December 2023, the board approved an increase
of approximately 5% to LPRCA’s 2024 Planning and Permitting Fees. On December 13,
staff received a Minister’s Direction that the freeze on fees would continue for 2024.
The LPRCA Planning and Permitting Fees will remain at the 2022 rates.
A-14/24
Moved by R. Weisler
Seconded by S. Bentley
THAT the LPRCA Board of Directors receives the staff report regarding the Minister’s
Direction for Conservation Authorities Regarding Fee Changes as information.
Carried
Page 58 of 280
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 -
d) Timber Tender LP-354-24 Abbott Townsend
Tender packages were sent to various loggers, sawmill operators, and timber buyers for the
Abbott Townsend property with a closing date of January 2, 2024.
Three bids were received. Staff recommended the tender be awarded to the highest bidder.
A-15/24
Moved by D. Brunton
Seconded by T. Masschaele
THAT the LPRCA Board of Directors accepts the tender submitted by Bamberg Sawmill
Ltd. for marked standing timbers at the Abbott Townsend Tract – LP-354-24 for a total
tendered price of $123,675.
Carried
The closed session began at 7:10 p.m.
12. Closed Meeting
A-16/24
Moved by M. Columbus
Seconded by R. Weisler
THAT the LPRCA Board of Directors 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 Board reconvened in open session at 7:13 p.m.
The closed meeting minutes of the Hearing Board of December 6, 2024 was approved in
the closed session.
Next meeting: February 7, 2024, Board of Directors
Adjournment
The Chair adjourned the meeting at 7:15 p.m.
Robert Chambers Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
Page 59 of 280
January 31, 2024 Via Email only
Kyle Pratt, CAO
kpratt@tillsonburg.ca
Re: LPRCA 2024 Inventory of Programs and Services under Ontario Regulation 687/21
As a requirement under Ontario Regulation 687/21, the Long Point Region Conservation Authority
(LPRCA) has developed an Inventory of Programs and Services based on the three categories
identified in the Regulation. The categories include: (1) Mandatory, (2) Municipally requested, and (3)
Other (Authority determines are advisable).
Background
On October 4, 2021, the Ministry of Environment, Conservation and Parks (MECP) released three
Phase 1 regulations to implement amendments to the Conservation Authorities Act made in
2019/2020. The following two regulations are relevant for completing the programs and services
inventory.
Ontario Regulation 686/21: Mandatory Programs and Services
https://www.ontario.ca/laws/regulation/r21686
This regulation prescribes the mandatory programs and services conservation authorities are
required to provide: risk of natural hazards, conservation and management of Conservation
Authority-owned lands, elements of source water protection, core watershed-based resource
management strategies, and provincial water quality and quantity monitoring.
Ontario Regulation 687/21: Transition Plans and Agreements for Programs and Services
under Section 21.1.2 of the Act
https://www.ontario.ca/laws/regulation/r21687
This regulation provides details for the required Programs and Services Inventory and how
additional programs and services that a conservation authority provides to local communities
(beyond the mandatory programs and services that the Authority is required to provide) can
continue.
Under Ontario Regulation 687/21, LPRCA is completing the final requirement under the transition plan
by circulating to participating municipalities and the Ministry a final version of the programs and
services inventory by January 31, 2024. There is also the requirement to confirm that LPRCA has
entered into all necessary cost apportioning agreements. For the 2024 Budget, there are no cost
apportioning agreements required for LPRCA.
Programs and Services Categories
LPRCA’s programs and services are to be classified in the following three categories as per the CA
Act S 21.1, 21.1.1 and 21.1.2.
Category 1: Mandatory programs and services as identified in Ontario Regulation 686/21.
Conservation Authorities are required to deliver these programs and services and they will be
funded by municipal levy or a combination with user fees.
Page 60 of 280
Category 2: Municipal programs and services that are provided at the request of the
municipality. These programs and services that are carried out by the Conservation Authority
on behalf of a municipality can be funded through government and other agency grants and/or
municipal funding under a memorandum of understanding (MOU) or agreement with the
municipality.
Category 3: Other programs and services that an Authority (Board) determines are advisable.
These programs can be funded through self-generated revenue, user fees, government and
other agency grants, donations, etc. Any use of municipal funding will require a cost-
apportioning agreement.
LPRCA Programs and Services Inventory List (Chart A)
The LPRCA Programs and Services Inventory and information required under Ontario Regulation
687/21 Section 6 is attached.
The attached inventory list is an overview of the programs and services that LPRCA currently offers.
The departments and costs reflect the LPRCA 2024 draft budget. The Chart A list has the category 1,
2 or 3 disclosed for the programs and services in each department. The funding source is listed along
with the percentage contribution of funding for each department. Revenue source categories include:
municipal levy, provincial, federal and self-generated revenue specific to the program (i.e. user fees),
resource revenue, external funding sources, interest, land and property rentals/leases, current surplus
allocation and reserves.
Each program and service has been categorized based on the criteria identified under the
Conservation Authorities Act and Ontario Regulation 686/21. As required by Ontario Regulation
687/21, the list explains why a program falls into category 1 by referencing applicable sections under
Ontario Regulation 686/21 “Mandatory Programs and Services”. Programs are shown with two
categories when only a portion of the current program activities are defined in the regulation as
Category 1.
New Mandatory Initiatives Due December 31, 2024
The mandated programs and services in Ontario Regulation 686/21 include the following six initiatives
that LPRCA must complete by December 31, 2024:
Operational Plan - Natural Hazards Infrastructure
Asset Management Plan - Natural Hazards Infrastructure
Ice Management Plan
Watershed-based Resource Management Strategy
Conservation Areas Strategy
Land Inventory
The development of these mandatory plans and strategies are being completed by staff in 2024. An
ongoing evaluation of the progress will determine if additional resources will be required.
Summary of Category 2 Programs and Services (Chart B)
As required under Ontario Regulation 687/21 Section 6(5), the current Category 2 programs and
services (provided at the request of a municipality) are summarized in Chart B. LPRCA does not
currently have any agreements.
Page 61 of 280
Summary of Category 3 Programs and Services (Chart C)
As required under Ontario Regulation 687/21 Section 6(6), the current Category 3 programs and
services (advised by the Authority) are summarized in Chart C indicating whether the program relies,
in whole or in part, on municipal levy.
All of LPRCA’s Category 3 programs and services are funded from internal and/or external sources as
noted in the attached inventory, and are not currently reliant on municipal levy. The LPRCA Board
supported the 2024 draft budget which has the Category 3 programs and services that relied, in whole
or in part, on municipal levy to be supported by current year surplus. This eliminated the need for
cost-apportionment agreements with member municipalities for 2024.
The requirements for LPRCA under Ontario Regulation 687/21 have been met and we look forward to
working with you through 2024 as we complete the requirements under Ontario Regulation 686/21.
Sincerely,
Judy Maxwell,
General Manager
CC. Tanya Daniels, Director of Corporate Services/Clerk, tdaniels@tillsonburg.ca
clerks@tillsonburg.ca
Page 62 of 280
1. Mandatory programs and services (where municipal levy could be used without an agreement)
2. Municipal programs and services. Programs and services at the request of a municipality (with municipal funding through an MOU/agreement)
3. Other programs and services. Programs and services an authority determines are advisable
(use of municipal levy requires a cost-apportionment MOU/agreement with participating municipalities or, if no levy is required, no agreement is needed).
Chart A – LPRCA Programs and Services Inventory Listing
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
LPRCA 2024 Current Programs and Services
CA Program and Services Categories, as follows:
Operating Costs
Natural Hazard Management Program
Watershed Planning and Technical Studies
Program administration and enforcement:
General inquiry. Compliance monitoring, enforcement.
Policies, standards development and maintenance.
Public information and outreach, consultation.
Review under other legislation (Environmental Assessment,
Drainage, Aggregate Resources), with comments principally
related to natural hazards, wetlands, watercourses and Sec
28 permit
requirements.
CA Act 21.1
O.Reg. 686/21
Sec 6, 8
$149,310 User fees – 17%
Municipal levy – 83%
Section 28.1 Permit
Administration
Reviewing, processing permit applications & technical
reports, site inspections, communications with
applicants, agents, consultants. Requests by solicitors.
1
CA Act 21.1
O.Reg. 686/21
Sec 8
$145,094 User fees – 100%
Provincial Section 39 FundingMunicipal Plan Input
Input to municipal land-use planning documents (OP,
Comprehensive ZB, Secondary plans) related to natural
hazards, on behalf of MNRF (delegated to CAs in 1983)
1
CA Act 21.1
O.Reg. 686/21
Sec 7
$30,776 MNRF S39 TP - 29%
Municipal levy - 71%
1
Page 63 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Municipal Plan Review
Technical information and advice to municipalities on
municipal land use planning applications (OP and ZB
Amendments, Subdivisions, Consents, Minor Variances).
Pre-consultation.
1
CA Act 21.1
O.Reg. 686/21
Sec 7
$85,214 User fees – 100%
Service has been provided to all member municipalities
for 25+ years. MOUs with Haldimand and Norfolk since
2016.
Plan review services currently provided are Category 1
services.
Potential Category 2 Service
As requested by a municipality as part of its land use
planning process.
Technical Studies and
Information Management
Maintenance of base mapping, flood and erosion hazard
mapping, hazard line mapping, regulated area mapping.
Data collection and storage systems and GIS. Data
collection and design studies to mitigate
natural hazards including flooding, erosion and drought.
1
CA Act 21.1
O.Reg. 686/21
Sec 7
$28,751 Municipal levy –
100%
Project costs vary from year to year based on funding we
are successful in obtaining, such as NDMP / FHIMP
Hazard Mapping.
Subwatershed Plans
Partner developed plans containing policies and
implementation actions to protect, enhance and
improve the health of the area, particularly related to land
use change
2 CA Act 21.1 None
currently
Watershed Flood Control Services
Flood Forecasting and Warning
Daily data collection and monitoring of weather and water
level forecasts and watershed conditions. Flood event
forecasting. Flood warning and communications.
Maintenance of equipment.
1
CA Act 21.1
O.Reg. 686/21
Sec 2
$182,943 MNRF S39 TP-8%
Municipal levy - 92%Provincial S39 transfer payment
Water Control Infrastructure
Operation and Management
(Backus, Brooks, Deer Creek,
Hay Creek, Lehman, Norwich,
Sutton, Teeterville, Vittoria)
Dam operations, regular inspections, maintenance activities,
activities related to operator health and safety.
1
CA Act 21.1
O.Reg. 686/21
Sec 5.1
$137,136 MNRF S39 TP– 9%
Municipal levy – 91%Provincial S39 transfer payment
New: Develop operational plan for natural hazards
infrastructure.
New: Develop asset management plan for natural hazards
infrastructure.
CA Act 21.1
O.Reg. 686/21
Sec 5.2
TBD To be completed by December 31, 2024.
Ice Management Services New: Develop an ice management plan.1
CA Act 21.1
O.Reg. 686/21
Sec 4
TBD
An ice management plan is to be completed by December
31, 2024
2
Page 64 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Watershed Low Water Response Services
Low Water Response
Conditions monitoring/analysis. Technical & administrative
support to the Water Response Team representing major
water users and decision makers,
who recommend drought response actions.
1
CA Act 21.1
O.Reg. 686/21
Sec 3
$5,544 Municipal levy –
100%
Source Water Protection
Source Water Protection (source
protection authority role as set
out in the Clean Water Act.)
Lake Erie Region tech support, SPC support, SPA reports
and meetings, activities required by the Clean Water Act
and regulations.
1 O.Reg. 686/21
Sec 13 $13,731 MECP TP - by Grand
River CA – 100%
Grand River Conservation Authority is the lead for Source
Water in the watershed.
Watershed-based Resource Management Strategy
Watershed Resource
Management Strategy (WRMS)
New: The WRMS describes the current watershed
conditions based on current knowledge and monitoring data,
sets objectives, describes issues and identifies initiatives to
reduce the impact of natural hazards, conserve natural
resources and improve the health of the watershed.
Provides a watershed-based context for LPRCA’s natural
hazards and natural resource conservation
programs and collaborative activities in its watershed
1
CA Act 21.1
O.Reg. 686/21
Sec 12.1
TBD
Last completed in 1983.
To be completed by December 31, 2024.
Healthy Watershed Services
Conservation Services
Private Land Stewardship
Services
Apply for and manage external funding, promote private land
stewardship, provide advice and technical support to
property owners for soil erosion control, water quality
improvements and wetland and habitat restoration projects.
Disbursements to landowners and contractors are externally
funded.
Administration and delivery of Rural Water Quality and
Clean Water programs in Brant, Elgin, Haldimand and
Oxford Counties as an advisory partner.
3 CA Act
21.1.2 $62,723
External sources-
ALUS – 80%
Current year surplus
– 20%
The conservation services (private land stewardship)
program is a Category 3 activity.
Available external funding varies from year to year.
The program has been offered since 1948.
3
Page 65 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Private forest land management
services
Private land tree planting and survival monitoring. 1.85
million trees planted since 2002.3 CA Act 21.1.2 $176,291
External sources-
OPG-28%, Forest
Ontario 52%,
Reserves-6%, User
Fees-14%
Tree planting is a category 3 and funding varies each
year.
Fee for service at municipal request. The service has
been provided since 2003.
Surface and Groundwater Quality Services
Provincial Water Quality
Monitoring Network (PWQMN)
and Provincial Groundwater
Monitoring Network (PGMN)
PWQMN - MECP program for stream water quality
monitoring. LPRCA takes water samples; MECP does lab
analysis and data management.
PGMN - MECP program for groundwater level and quality
monitoring. CA maintains equipment, data transfer to MECP,
water sampling; MECP provides equipment, lab analysis,
data management.
1
CA Act 21.1
O.Reg. 686/21
Sec 12.1
$61,970 Municipal levy –
100%
Trees for Roads A road-side tree planting program by municipal request
(mostly used by Bayham and SW Oxford)2 CA Act 21.1.1 $12,136 Municipal Contract –
100%
The PWQMN program has been running for 50+ years
and the PGMN program for 20+ years. The program is
conducted for the Province and the data is also used
internally for water quality and stream health assessment.
Input to the Watershed Report Card.
Stream Water Quality Sampling
Assist municipalities with their water quality monitoring
needs by taking field water samples and delivering them to
the laboratory facility.
2 CA Act 21.1.1 None
currently
Potential Category 2 Service. Service provided to Norfolk
County under MOA 2011-2020
As requested by a municipality as part of its monitoring
needs, e.g. for wastewater discharge compliance.
Drain classification (Norfolk
partnership)
Field activities to update municipal drain classifications.
Informs drain maintenance decisions and approvals.2 CA Act 21.1.1 None
currently
DFO via Norfolk
County Drains -
MOU – 100%
Activity based on funding secured by Norfolk County
Drainage Dept. Service provided at least since 2017.
Stream health monitoring
Stream health monitoring and reporting beyond the activities
for the PWQMN and PGMN programs, including water
temperature monitoring above and below reservoirs, in cold
water streams, since 2002 (21 years); benthic invertebrate
sampling & analysis since 2003 (19 years); analysis and
reporting on water quality conditions based on PWQMN and
PGMN data; Watershed Report Card. Provides additional
water
quality and stream health information. Input to LPRCA dam
operations, low water response, permitting.
3 CA Act 21.1.2 $19,265 Current year surplus-
100%
4
Page 66 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Federal Department of Fisheries and Oceans (DFO).
Service has been provided under MOA since 2009.
Conservation Authority-Owned Lands
Conservation Area Strategy
New: Over-arching strategy for CA-owned lands including
guiding principles, objectives, land securement/acquisition
and disposition, recommended
management principles for different land use categories,
with public consultation.
1
CA Act 21.1
O.Reg. 686/21
Sec 9, 10
TBD
Lamprey barrier inspections
Lamprey barriers stop invasive sea lamprey from moving
from Lake Erie into the creeks.DFO pays LPRCA annually
to inspect their condition.
3 CA Act 21.1.2 $3,994 DFO contract –
100%
Conservation Authority Lands
Conservation lands management
and maintenance including
safety, security and enforcement
Boundary identification/maintenance, gate and sign
maintenance, trail maintenance, hazard tree removal,
garbage pickup, monitoring and enforcement.
Assessment to identify maintenance and repair needs.
Natural heritage work and invasive species control on
LPRCA land. Property taxes, drainage assessment, fish
stocking.
1
CA Act 21.1
O.Reg. 686/21
Sec 9
$410,523
Property Leases –
17%
Municipal levy– 81%.
Reserves - 2%
To be completed by December 31, 2024.
The cost of developing the strategy is being investigated.
Land Inventory
New: Development and maintenance of an inventory
containing information for every parcel of CA-owned land
including location, available information, acquisition details,
land use categories.
1
CA Act 21.1
O.Reg. 686/21
Sec 11
TBD To be completed by December 31, 2024.
Maintain facilities, trails or other
amenities for public access and
passive
recreational activities
Parkette maintenance, trails maintenance, grass cutting,
garbage collection.1
CA Act 21.1
O.Reg. 686/21
Sec 9
$93,287 User fees - 9%
Municipal levy – 91%
Lee Brown Waterfowl
Management Area Area management, operation and maintenance 3 CA Act 21.1.2 $166,500 User fees - 65%,
Land rental – 35%
5
Page 67 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Backus Heritage and Education Services
Backus Education Centre Office Office facility, security, utilities, maintenance 1 CA Act 20 $49,546
Endowment
Interest– 89%
Municipal levy -11%
Backus Conservation
Educational and
Interactive Program Services
Education program services and outdoor education program 3 CA Act 21.1.2 $84,423
Contracts – 30%
User fees – 4%
Endowment Interest -
66%
Conservation Parks Management Services
Conservation Parks (Backus,
Deer Creek,
Haldimand, Norfolk, Waterford
North)
Management and operations including business planning,
promotion, park operations, safety, security
and enforcement, drinking water and sewage operations,
maintenance and repair.
3 CA Act 21.1.2 $1,667,787 User fees – 99%
Federal – 1%
Backhouse Heritage Village and
Historical Services
Heritage Village and Mill program services, operation and
maintenance and heritage education program 3 CA Act 21.1.2 $173,788
Federal – 3%,
Rentals – 3%,
Interest 1%,
Contracts – 16%
Current year
surplus – 77%.
Public Forest Land Management Services
Forestry Management Services
10-year Managed Forest Plans renewal, 5-year Operational
Plan, harvest operations (marking, tendering, monitoring),
ecological surveys, MFTIP and CLTIP programs
1, 3
CA Act 21.1
O.Reg. 686/21
Sec 9.1
CA Act 21.1.2
$231,152 Resource revenue -
100%
A portion of costs on LPRCA forest lands are Category 1
conservation lands management and maintenance costs
including safety, security and enforcement.
Funding agreement with Long Point Basin Land Trust
(LPBLT)Upland Habitat Program Projects to enhance biodiversity including ecological
surveys, invasives control.1
CA Act 21.1
O.Reg. 686/21
Sec 9
$66,381
Resource revenue -
40%
Federal via LPBLT -
60%
6
Page 68 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Municipal levy – 65%
Investment interest-
22%, rent & user
fees, – 1%
CA Act 21.1
O.Reg. 686/21
Sec 1.3
CA Act 21.1
O. Reg.
686/21
Sec 9
Total 2024 Operating Budget $5,868,270
Corporate Administrative Costs
Ongoing operating expenses and capital costs, not directly related to the delivery of any specific program or services, that are required to function effectively as an organization and best deliver their programs and
services.
Corporate Services
Corporate/IT Services
Senior management, main office rent, utilities, office
equipment and supplies, financial services, legal expenses,
IT
1 CA Act 20 $1,171,610
Current year surplus -
12%
LPRCA Board & Committees Supporting CA Board, Advisory Committees and
Conservation Ontario 1 CA Act 20 $68,790 Municipal levy –
100%
Memorial forest Trees planted in memorial forest at Backus CA in memory of
loved ones 1 $12,335
Donations – 57%,
Municipal Levy -
43%
Communications and Marketing Services
Communications and Marketing
Promoting public awareness of natural hazards. Media
relations, website and social media, special events &
outreach, partnership programs, networking and
collaboration
1 $122,963 Municipal levy –
100%
Maintenance Operations Services
Maintenance Operations
Support operations and facilities maintenance for
conservation areas, flood control structures, forestry and
motor pool. Equipment and vehicle maintenance.
1 CA Act 20 $433,307
Motorpool revenue –
48%, Municipal levy-
52%
Leighton and Betty Brown
Conservation Scholarship
Awarded annually to a watershed student graduating from
high school and pursuing a degree in an environmental or
natural resources field
3 CA Act 21.1.2 $1,000 Trust fund interest –
100%
7
Page 69 of 280
Program/Service Description Category Category
Rationale
2024 Draft
Budget
Current funding
mechanisms and
% contribution
(2024 budget)
Comment
Hay Creek Repair Engineered Design 1
CA Act 21.1 O.
Reg. 686/21
Sec 5.1
$60,000
MNRF WECI
grant – 50% Special
benefit levy – 50%
Application will be made to WECI for 50% funding
Total 2024 Capital Budget $696,340
MNRF WECI
grant – 50%
Municipal levy – 50%
Application will be made to WECI for 50% funding
Capital Costs
Watershed Flood Control Services
Water Control Infrastructure
(Backus, Brooks, Deer Creek,
Hay Creek, Lehman, Norwich,
Sutton, Teeterville, Vittoria)
Teeterville Dam Conservation Authority Class Environmental
Assessment 1
CA Act 21.1 O.
Reg. 686/21
Sec 5.1
$150,000
Forestry
Asset: Infrastructure
– Forest Tracts Forestry Tract Gates 1
CA Act 21.1
O.Reg. 686/21
Sec 9.1
$5,000 Municipal levy –
100%
Conservation Parks Management Services
Asset: Infrastructure
– Conservation Areas
Washroom renovations at Haldimand CA & Waterford North
CA, Rental Equipment for Deer Creek CA & Waterford North
CA
3 CA Act 21.1.2 $28,400 Current year
surplus – 100%
Provide security on forest tracts.
Corporate Services
Asset: Computers Office computers and servers 1 CA Act 20 $10,100 Municipal levy –
100%
Renovation of Administration office
Maintenance Operations Services
Assets: Equipment Lawn mowers tractor, trailer 1, 3 CA Act 20 $89,000 Current year
surplus – 100%
Asset: Office Renovation Office furniture, flooring, electrical 1 CA Act 20 $208,000 Municipal levy –
100%
Asset: Infrastructure
– Workshop
Equipment Storage Shed Roofs & Air Compressor for
Workshop 1 CA Act 20 $23,840 Municipal levy –
100%
Assets: Vehicles & UTVs Pickup truck, SUV, UTV 1, 3 CA Act 20 $122,000 Current year
surplus – 100%
8
Page 70 of 280
Chart B – Summary of Category 2 Programs and Services – Details of Municipal Agreements
Ontario Regulation 687/21 Section 6 Subsection 5 requirements
(5) For each Category 2 program or service listed in the inventory under clause (2) (a), the authority shall include the following information:
1. The name of the municipality on behalf of which the program or service is provided.
2. The date on which the authority and the municipality entered into a memorandum of understanding or another agreement with respect to the provision of the program or service.
Program or Service Category
Applicable
Section of
the Act
Memorandum of Understanding (MOU) / Agreement
Status
Trees for Roads 2
CA Act
Section
21.1.1
This has historically been a “fee for service” program
without
agreement. A service agreement will be required with
those municipalities interested in continuing the service.
Drain classification 2
CA Act
Section
21.1.1
Norfolk County/LPRCA/DFO MOU.
Chart C – Summary of Category 3 Programs and Services – Details of Municipal Agreements
Ontario Regulation 687/21 Section 6 Subsection 6 requirements
(6) For each Category 3 program or service listed in the inventory under clause (2) (a), the authority shall include the following information:
1. Whether or not the program or service was financed, in whole or in part, through municipal levies collected from participating municipalities.
2. Whether or not the authority intends to seek to enter into a cost apportioning agreement with one or more participating municipalities to ensure all or
part of the financing of the program or service after the transition date.
Program or Service Category
Applicable
Section of
the Act
Section 6(6) Info Requirements
Description
Roadside tree planting service at municipal request.
Primarily
delivered for the Municipality of Bayham and South-
West Oxford Township. No agreement in place yet
Electrofishing services to Norfolk County’s drain
classification program, funded annually by DFO. No
agreement in place as it is dependent on funding
Description
Private land stewardship services 3
CA Act
Section
21.1.2
Disbursements to property owners and contractors
are externally funded. The staffing cost to apply for
and manage external funding, promote private land
stewardship and provide advice and technical
support to property owners relies in part on internal
funding where the cost cannot be covered from
Not financed through municipal levy
9
Page 71 of 280
Program or Service Category
Applicable
Section of
the Act
Section 6(6) Info Requirements
Stream health monitoring 3
CA Act
Section
21.1.2
Not financed through municipal levy
Lamprey barrier inspection 3
CA Act
Section
21.1.2
Not financed through municipal levy
Lee Brown Waterfowl
Management Area 3
CA Act
Section
21.1.2
Not financed through municipal levy
Backus Conservation
Educational and Interactive
Program Services
3
CA Act
Section
21.1.2
Not financed through municipal levy
Backhouse Heritage Village and
Historical Services 3
CA Act
Section
21.1.2
Not financed through municipal levy
Conservation Parks 3
CA Act
Section
21.1.2
Not financed through municipal levy
Private forest land management
services 3
CA Act
Section
21.1.2
Private land tree planting and survival monitoring.Not financed through municipal levy
Description
The stream health monitoring that LPRCA
undertakes beyond the activities for Provincial
Water Quality Monitoring Network and the Provincial
Groundwater Monitoring Network is Category 3.
DFO pays LPRCA annually under MOU to inspect
the condition of the lamprey barriers.
Area management, operation and maintenance
Education services and outdoor education program.
The Heritage Village and Mill operation and
maintenance and heritage education program are
funded in part by external funding from provincial
grants, donations, user fees and school board
contracts. The mill is a National Historic Site.
Campground operations and maintenance.
10
Page 72 of 280
Program or Service Category
Applicable
Section of
the Act
Section 6(6) Info Requirements
Public Forest Land Management 1 & 3
CA Act
Section
21.1.2
Not financed through municipal levy
Leighton and Betty Brown
Conservation Scholarship 3
CA Act
Section
21.1.2
Not financed through municipal levy
10-year Managed Forest Plans renewal, 5-year
Operational Plan, harvest operations (marking,
tendering, monitoring), ecological surveys, MFTIP
and CLTIP programs.
Awarded annually to a watershed student graduating
from high school and pursuing a degree in an
environmental or natural resources field
Description
11
Page 73 of 280
283-2024-30Page 74 of 280
Page 1 of 7
Subject: ROMA 2024
Report Number: MYR 24-01
Department: Office of the Mayor
Submitted by: Deb Gilvesy
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
THAT report titled ROMA 2024 be received as information.
BACKGROUND
The CAO along with the Deputy Mayor, Councillor Spencer and Mayor attended the
annual ROMA conference in Toronto, Ontario from Sunday, January 20 to Tuesday,
January 22th, 2024.
This report is a brief synopsis outlining key points delivered in meetings secured with
Ministers of the Province of Ontario.
This report seeks to provide transparency to both Council and the Public.
Page 75 of 280
MYR 2024-01
Page 2 of 7
DISCUSSION
1. Minister of Energy, Hon. Todd Smith
Request: The 115 kv line is considered to be a connection asset and funded by
local LDC’s. Tillsonburg believes the connection costs should be funded by
the transmitter not the distributor. The Transmitter received funding for
recovery of these costs while they are simply a pass through cost for the
distributor.
Tillsonburg requests Province to work with Town owned utility to ensure
sufficient supply in the region while not placing the burden on local
consumers.
- Town approaching capacity with only 12 MWs of load remaining
- Station serves Tillsonburg and surrounding area
- Expected to drop to 1 MW by 2025 due to forecasted growth in
commercial/industrial sector and residential growth (3700 homes under plan of
subdivision, sold out VIP plus next phases coming in 2025
- Remaining load to be exhausted in 3 to 4 years
- THI in discussions with Hydro One for the past year
- HONI indicated to THI that to facilitate future load a $43 million investment is
required (investment in the 115kv line)
- HONI indicated THI would have to contribute a majority of this $43 million
investment
- A new transformer station would have to be built at a cost of $32 million (on top
of $43 m)
- Pressures will result from new battery plant
- Costs should not be placed on shareholders of utility
Page 76 of 280
MYR 2024-01
Page 3 of 7
2. Ministry of Infrastructure, Hon. Kinga Surma
Request: Seeking funding to help with infrastructure and transmission supply
due to growth pressures
- County of Oxford just completed a sewer and water Master Plan which indicated
a $76 million dollar investment is required to service the needs of the community
to 2046
- 3,700 households approved in plan of subdivision
- Electrical supply barrier (see notes above)
- Town seeking funding/grant support to alleviate pressures to rate payers
- Town will be seeking funding for replacement of Kinsmen Pedestrian Bridge.
- Bridge sees 500-750 pedestrians a day
- Bridge is connecting link for abutting subdivisions which include two senior
communities to the downtown core
- New funding announced for sewer and water at ROMA conference however it
was pointed out to the Minister that Tillsonburg cannot apply and the County can
only apply once
3. Ministry Transportation, Parliamentary Assistant Hardeep Grewal
Request: seeking support for expansion of Highway #3 and clarification of MTO’s
role in site plan reviews which effects the Town’s VIP lands on Highway 3
- VW plant coming to City of St. Thomas will have a direct impact on Tillsonburg
- Plant expected to employ 3,000 people
- Highway 3 now carries 424 vehicles per hour at evening peak hours
- Forecasted once VW plant is operational to increase to approximately 1,500 to
1,600 vehicles per hour
Page 77 of 280
MYR 2024-01
Page 4 of 7
- 3,700 households in the cue could potentially house VW plant employees given
proximity to Tillsonburg
- Town to have 140 acres of shovel ready industrial land in 2025 for spin off
industries on Highway 3 as well as existing plant expansions that may occur to
produce EV supplies is anticipated
- The Town is also seeking Provincial assistance in re-routing truck traffic from the
downtown core from the 401 to the Highway 3 area
- Town seeking clarification on why Provincial Ministries step into proposed
development applications and charge a significant fee for site plan review which
in turn cause delays and add to development costs when local and County
planning reviews and permitting should suffice
4. Ministry of Housing, Associate Minister Robert Flack
Request: Seeking funding support to deal with infrastructure and transmission
supply for projected growth. A discussion on regional government and timelines
for boundary adjustment requirements.
- 2021 Census indicates Tillsonburg grew by 17.3 percent (2nd in Ontario, 3rd in
Canada)
- 3700 households approved in plan of subdivision
- 140 acres of shovel-ready industrial land coming in 2025
- County of Oxford just completed a sewer and water Master Plan which indicated
a $76 million dollar investment is required to service the needs of the community
to 2046
- Town’s electrical supply coupled with water and sewer are growth barriers
- Only 12 MWs remain and with estimated upcoming load (industrial
growth/residential) only 1MW is predicted to remain by 2025
- Consultation with Hydro One indicates a $43 million investment is required for
the 115 kV transmission line that services the area. The majority of the cost
would be borne by THI consumers
- Tillsonburg is under represented per capita at the County level
- Town seeking an update on requirements for boundary adjustments.
- Town experiencing significant growth
Page 78 of 280
MYR 2024-01
Page 5 of 7
- Over 250,000 people live within 30 minutes of Tillsonburg.
5. Ministry of the Health, Parliamentary Assistant Dawn Gallagher Murphy
Request: Town seeking support for Ingersoll Nurse-Practioner-Led Clinic
application. This much needed clinic would provide support for all ages and
stages. The clinic would provide assessment, diagnosis and treatment. Health
promotion, immunizations, screenings, referrals and education are just a few key
components this service would offer.
The Ministry announced expansion of primary care funding for the fiscal year
April 2023 to March 20024. With no announcements to date what does this mean
for communities that applied during that period. Will the funding program be
extended?
- Significant growth in Town – 17.3 percent
- Town would welcome a much need primary care provider in the form of a Nurse
Practioner-Led Clinic
- An application for Provincial support was submitted by the Ingersoll Nurse
Practioner-Led Clinic in June of 2023 with an announcement expected in Fall
2023
- No decision or indication of funding has been received at this time
- The clinic had secured move in ready space in Town and could have been
operational in 30 to 90 days
- This space has since been lost due to it being leased to another entity
- A new space how now become available however it will require additional
expenses to make it move in ready
- Tillsonburg concerned about human resource challenges from lack of investment
in existing Ministry funded primary care such as the Nurse Practioner-Led model
- Highest inflation rate in Canada since mid 1980’s, rapid growing population, lack
of Provincial support threatens sustainability of health care in our community
- Tillsonburg however understands that the responsibility does not lie soley with
the Province and as such, Tillsonburg is funding up to 50 percent of a Primary
Health Care Recruitment co-ordinator position to assist our local hospital to build
a robust recruitment strategy to meet the needs of our citizens
- Tillsonburg Hospital is currently in the planning phase for legal integration with
their partnering hospital, Alexandra Hospital in Ingersoll
Page 79 of 280
MYR 2024-01
Page 6 of 7
- These two hospitals are undertaking a formal Clinical Services Planning process
together with the goal of submitting to the Ministry of Health a Pre-Capital
Submission Form in preparation for Master Planning
- The Town of Tillsonburg has created a comprehensive network of partnerships
through the Town Health Care Committee where we strive to work together to
find solutions to the growing demands
TAKEAWAY
There was a common theme at ROMA this year and that is the lack of support for
infrastructure. With so many homes under plan of subdivision two critical areas that will
affect Tillsonburg are supply of hydro and sewer and water. Without significant
investment in these areas that is beyond what the local taxpayers can accommodate
growth and investment will be stalled.
CONSULTATION
As indicated in the Report different SLT members and THI were responsible for
compiling and providing information along with leave behind packages at all meetings.
The CAO was also very active in reviewing all information. The Economic Development
Department was instrumental in reviewing and preparing all documentation as well.
FINANCIAL IMPACT/FUNDING SOURCE
There are no cost implications to this report as this report is provided for information
only. There is however a cost to attending Conferences which has been appropriately
included in the 2024 Business Plan and Budget.
Page 80 of 280
MYR 2024-01
Page 7 of 7
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 –
Strategic Direction –
Priority Project –
ATTACHMENTS
The Press Release Issued Friday, January 19, 2024
Page 81 of 280
January 19, 2024
For Immediate Release
Tillsonburg will attend 2024 ROMA conference
Tillsonburg, ON – The Town of Tillsonburg will attend the 2024 Rural Ontario Municipal Association (ROMA) Conference from January 21 to 23 in Toronto. Mayor Deb Gilvesy, Deputy Mayor Dave Beres and Councillor Kelly Spencer will represent the Tillsonburg at the annual event, along with CAO Kyle Pratt.
The 2024 conference, themed, Closer to Home, provides rural municipal leaders the
opportunity to address policy issues and funding concerns, as well as meet directly with Provincial Ministers on local issues. Topics on Tillsonburg’s agenda include concerns related to infrastructure, energy supply and transportation capacity, as well as expanded access to health care.
“As a growing community, we’re facing a number of challenges directly related to
population growth and are in need of Provincial support to address them,” says Mayor Deb Gilvesy. “ROMA provides us with an opportunity to share these concerns with the Province and advocate for our citizens.”
Tillsonburg is scheduled to meet with a variety of provincial representatives during the
conference including the Ministry of Energy, Ministry of Infrastructure, Ministry of
Transporation, Ministry of Health, and the Ministry of Municipal Affairs and Housing.
More specifically, the Town will discuss the need for improved electrical transmission and supply, potential roadway improvements (including a potential widening of Highway 3), and seek support for a nurse practitioner-led clinic.
“ROMA provides an opportunity to learn from our peers and dialogue on important
municipal issues,” adds CAO Kyle Pratt. “We’re looking forward to a busy couple of days and some very productive conversations.”
-30-
Page 82 of 280
2
About Tillsonburg Located 90 minutes west of the Toronto area, Tillsonburg offers companies a strategic location
in Ontario’s agriculture and manufacturing heartland. With low business and development costs, progressive policies and a high-speed fibre optic network, Tillsonburg is home to more than 600 regional, national and international companies. To find out more about Tillsonburg, visit www.tillsonburg.ca.
About ROMA
The rural arm of the Association of Municipalities of Ontario, ROMA advocates for policies and programs that will help build thriving rural Ontario communities. ROMA takes pride in promoting,
supporting and enhancing strong and effective rural governments. About 270 of Ontario's 444 municipalities have populations of less than 10,000, while scores more are rural in character.
Contact: Deb Gilvesy
Mayor Town of Tillsonburg 10 Lisgar Ave.
Tillsonburg, ON N4G 5A5 519 688 3009 ext 4053
Kyle Pratt Chief Administrative Town of Tillsonburg 10 Lisgar Ave. Tillsonburg, ON N4G 5A5 519 688 3009 ext 4000
Page 83 of 280
Page 1 of 3
Subject: Personnel Policy Update
Report Number: CAO 24-003
Department: Office of the CAO
Submitted by: Joanna Kurowski
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
THAT report titled “Personnel Policy Update” be received as information; and
A. THAT Council approves the updated Personnel Policy, as presented on February
12, 2024, with an effective date of January 1, 2024, including corresponding
updated policies HR-07, HR-08, HR-09 and HR-10; and
B. THAT a By-Law be brought forward to enact the Personnel Policy.
BACKGROUND
Personnel Policy document provides fundamental information about Town of Tillsonburg
(The Town) policies on employment conditions, general employment benefits and
employment regulations. This document is provided all new hires upon start of
employment and it is available to all Town employees via Intranet to provide employees
with guidance on employment related topics. The Personnel Policy was last updated in
2020.
DISCUSSION
The Personnel Policy was reviewed by Human Resources staff to ensure up that the
legislative information in the policy is up to date. Staff also updated the following items:
Requirement for Police Checks for all new hires
Requirement for Council approval for staff attending out of country conferences
Employee Gym Membership
Personal Days description of benefit
Requirement for Police Checks
The requirement to provide a current Police Check for all new hires was added to the
policy. In the past, the policy included only a requirement for Vulnerable Sector Check
for employees who deal directly with vulnerable individuals.
Page 84 of 280
CAO 24-003 Personnel Policy Update
Page 2 of 3
Requirement for Council approval for staff attending conferences out of country
To ensure public transparency and business case, Council approval for out of country
conferences and events was added to the policy.
Employee Gym Membership
Employees are eligible to include immediate family members in the membership for a
fee (difference between adult and family membership). Staff updated information
regarding payment method for family membership to reflect the same payment process
as the general public uses.
Personal Days
The policy states that full-time employees are eligible up to 10 personal days. Additional
information was provided specifying that 10 personal days are based on the weekly
number of work hours; i.e. employees working 35 hours receive 70 hours of personal
time off and employees working 40 hours receive 80 hours.
Personnel Policy includes a reference to a number of policies that address specific
items, such as:
Hours of Work and Overtime
Progressive Discipline and Problem Solving
Regular Attendance and Personal Days
Short Term Disability
These policies were also reviewed for accuracy and up to date information.
CONSULTATION
SLT, managers and supervisors
FINANCIAL IMPACT/FUNDING SOURCE
No financial impact to the policy updates
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
☐ Lifestyle and amenities
☐ Customer service, communication and engagement
☐ Business attraction, retention and expansion
Page 85 of 280
CAO 24-003 Personnel Policy Update
Page 3 of 3
☐ Community growth
☐ Connectivity and transportation
☒ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – n/a
Strategic Direction – n/a
Priority Project – n/a
ATTACHMENTS
Appendix A - Personnel Policy, Amended January 1, 2024
Appendix B - Hours of Work and Overtime
Appendix C - Progressive Discipline and Problem Solving
Appendix D - Regular Attendance and Personal Days
Appendix E - Short Term Disability
Page 86 of 280
Page 1 / 3 Progressive Discipline/Problem Resolution
TOWN OF TILLSONBURG
ADMINISTRATIVE POLICY
Progressive Discipline/Problem Resolution
Policy Number HR - 09
Approval Date October 2010 Revision
Date January 2024
Schedules
1.0 PURPOSE
The Town’s own best interest lies in ensuring fair treatment of all employees and
in making certain that disciplinary actions are prompt, uniform and impartial. The
major purpose of a disciplinary action is to correct a problem, prevent recurrence
and prepare the employee for satisfactory service in the future. Where an
investigation is deemed to be required, it shall be conducted within two (2) weeks
of the occurrence unless special circumstances dictate otherwise.
To the extent appropriate in the circumstances, the Town will follow a progression
where by disciplinary consequences advance in severity with each incident
deserving of discipline. Any violation of a rule or policy will be considered to be an
incident deserving of discipline, notwithstanding that the rule or policy breached
may not specifically identify discipline as a consequence.
In certain circumstances, having regard to the severity of the incident, the
employee's performance, workplace habit or other workplace conduct, the Town
will advance past a step or steps in the scale of progression, including directly to
termination for cause. In cases of the least serious nature, the Town may repeat a
step in the scale of progression.
The Town is not required to follow this policy for employees within their
probationary period.
2.0 SCOPE
This policy applies to all Town of Tillsonburg employees.
Page 87 of 280
Page 2 / 3 Progressive Discipline/Problem Resolution
3.0 DISCIPLINARY SCALE OF PROGRESSION
3.1 Counseling
We will make every effort to provide ongoing coaching, teaching and
mentoring to allow each employee to grow, succeed and enable them to
perform their duties. Counseling is not considered disciplinary in nature, but
rather a tool to measure, assess and respond to incidents as they arise.
Further incidents of the same or similar concerns may lead to discipline.
3.2 Verbal Warning
This warning will be issued on the first unsatisfactory performance and/or
misconduct. A disciplinary letter will be completed and added to the
employee’s personnel file.
3.3 Written Warning
This warning serves to firmly call the employee’s attention to continued
unsatisfactory performance and/or misconduct. A disciplinary letter will be
completed and added to the employee’s personnel file. The letter will include
the cause for warning, the recommended corrective action, and a statement
concerning the nature of the anticipated disciplinary actions.
3.4 Final Warning/Suspension (without pay, generally 1-5 days)
The final warning serves to put the employee on notice that his or her
unsatisfactory performance and/or misconduct is not acceptable and that
failure to immediately correct the problem may be cause for more serious
disciplinary action, including termination of employment for cause. A
disciplinary letter explaining the serious nature of the incident, the duration of
the unpaid suspension and the corrective action necessary for improvement
accompanies the final warning. A copy of the final warning letter will be added
to the employee’s personnel file.
3.5 Termination/Dismissal
Reflects the employee’s continued failure to correct unsatisfactory
performance and/or misconduct despite prior corrective actions; or reflects a
serious infraction of the standards of employee conduct that warrants
termination for cause.
4.0 PROBLEM RESOLUTION
The Town is committed to providing the best possible working conditions for its
employees. Part of this commitment is encouraging an open and honest
Page 88 of 280
Page 3 / 3 Progressive Discipline/Problem Resolution
atmosphere in which any problem, complaint, suggestion or question receives a
timely response from the Town’s management. Employees are encouraged to
offer positive and constructive criticism.
It is the intent of this policy to have issues, suggestions, problems, concerns or
complaints dealt with at the most appropriate level. It is important to communicate
with and not avoid, exclude or go around various levels of management. No
employee will be penalized, formally or informally, for using the problem resolution
procedure.
If a situation occurs where an employee believes that a condition of employment
or a decision affecting them is unjust or inequitable, they can express their
concern through the problem resolution procedure, using the following steps. The
steps are as follows:
Step 1. Speak to your immediate supervisor. In a situation where it would be
inappropriate to contact the immediate supervisor, please speak with your
Manager and/or Director.
Step 2. Your supervisor/manager/director will respond to the issue after
consulting with appropriate management or other interested parties as may
be appropriate and provide a response.
Step 3. If the employee is not satisfied with the response they have received,
he or she may present the issue in writing to Human Resources Manager.
Step 4. Human Resources Manager or his/her designate will review and
consider the issue, assist in putting the problem in writing, meet with the
employee's supervisor(s) or manager(s) as may be appropriate. Human
Resources Manager or his/her designate or Chief Administrative Officer
where appropriate will provide a written response.
5.0 REFERENCE MATERIALS
Employment Standards Act, 2000
Page 89 of 280
Page 1 / 4 Hours of Work/Overtime Policy
TOWN OF TILLSONBURG
ADMINISTRATIVE POLICY
Hours of Work/Overtime Policy
Policy Number HR - 08
Approval Date October 2010 Revision
Date January 2024
Schedules
1.0 PURPOSE
The following is intended to define the regular hours of work for full-time and part-
time employees. In describing the regular hours of work, the Town is expressly not
providing a guarantee to employees of either specific hours of work or the number
of hours of work. All hours described are subject to be modified by the Town in
accordance with its operational requirements.
2.0 SCOPE
This procedure applies to all non-union Town of Tillsonburg employees.
3.0 HOURS OF WORK
3.1 Salary Employees
All members of the Senior Leadership Team (SLT), other designated
positions/employees such as the Deputy Fire Chief or Development
Commissioner, or as per an employee’s employment agreement shall be paid
a flat salary of seven (7) or eight (8) hours per day, based on their current
schedule, but hours worked will not be tracked or attract overtime.
3.2 Full Time Employees
Regular hours of work for all full-time employees are either seven (7), eight
(8), or ten (10) working hours per day exclusive of the unpaid meal period
described in this Policy and a regular working week of thirty-five (35) to forty
(40) hours, exclusive of unpaid meal periods.
If an employee is to be paid more than their regular working week due to
vacation, sick, personal or banked time taken, the supervisor/manager will
adjust the time taken accordingly and the hours above and beyond the regular
working week will be put back into the respective bank.
Page 90 of 280
Page 2 / 4 Hours of Work/Overtime Policy
3.3 Part time Employees
Regular hours of work for part-time employees will vary and may be up to
twenty (20) hours per week from Sunday to Saturday inclusive.
Supervisors will advise employees of the times of their working schedules,
including the normal start and end times of their working day. As described
above, the Town's operational requirements may necessitate temporary or
permanent changes to start and end times of an employee's working day,
temporary or permanent changes to the days of the week scheduled, as well
as temporary or permanent changes to the total number of hours that may be
scheduled each day and week.
3.4 Students
Regular hours of less than 28 per week while school is in session, and up to 40
hours per week during March break, Christmas break, and summer holidays.
4.0 TIMEKEEPING
All employees except those designated salary employees are required to submit
their time using a time clock, on a daily basis. Employees are required to
accurately record the time actually spent performing their assigned duties.
Employees are also required to accurately record any departure from work,
including for personal reasons (as may be approved by their supervisor), vacation
or public holidays and sick leave in the payroll system.
5.0 REST AND MEAL PERIODS
5.1 In each working day, an employee shall be permitted, at such times as may be
designated by his supervisor, the following:
i) Two fifteen (15) minute paid rest periods; and
ii) A minimum thirty (30) or sixty (60) minute unpaid lunch period.
5.2 Employees who do not have an eight (8) hour consecutive period without work
interruption between the end and start of the normal work day, due to a call-in,
will qualify for eight (8) hour rest period. If the rest period is part of the
employee’s normal shift, they will be paid for the rest period time at straight
time.
6.0 FLEX TIME
Flex time is available for some positions to allow employees to vary their start
and end times each day within established limits. The employee's
Page 91 of 280
Page 3 / 4 Hours of Work/Overtime Policy
Supervisor/Manager must approve all flex time arrangements. Requests for flex
time arrangements must be made directly to the employee's supervisor or
manager. Approval of such requests lies wholly within the discretion of the Town.
Without limiting its discretion, the Town intends to consider, inter alia, staffing and
other operational requirements, the employees’ performance, and the nature of
the job before deciding on a request for a flex time arrangement (Note: a flex time
arrangement is not time off in lieu of overtime).
7.0 OVERTIME
In all cases, the Town reserves the right to schedule overtime. In most cases, the
Town will first seek volunteers from amongst employees that are qualified to do
the work required. However, where there are no qualified volunteers, the Town
will schedule employees for overtime. Employees who are scheduled are
expected to report for work except where extraordinary circumstances would
prevent their attendance.
Where an employee offers or is required to work overtime, and the Town approves
such work in advance, the employee is entitled to be paid the applicable overtime
rate.
7.1 Full Time Employees
i. No overtime shall be worked except as authorized in advance by the
employee’s supervisor.
ii. All authorized overtime shall be calculated upwards to the nearest ¼ hour.
iii. Employees shall be compensated overtime pay at one and one-half (1½)
times their regular straight time rate of pay for all hours worked in excess of
forty (40) hours per week.
iv. If agreed upon by the Town and employee, the employee may bank hours
worked in excess of forty (40) hours per week at one and one-half (1½)
times regular straight time in lieu of receiving overtime pay. Paid time off in
lieu of overtime pay must be taken within three (3) months of the work week
in which the overtime was earned, or within twelve (12) months if the Town
and employee so agree.
v. An employee’s overtime bank shall not exceed the employee’s normal
working week (i.e. thirty five (35) or forty (40) hours).
vi. Employees with a normal working week of thirty five (35) hours are able to
bank time at regular straight time up to forty (40) hours per week before
attracting overtime.
vii. Employees in the Roads, Fleet, and Water/Wastewater Departments, when
requested by their supervisor to attend to emergency work as a continuation
of normal scheduled hours shall be compensated at the appropriate overtime
rate of pay, or when called in to work shall be compensated at two (2) times
their regular straight time rate of pay for a minimum of two (2) hours. A
Page 92 of 280
Page 4 / 4 Hours of Work/Overtime Policy
second call in to work occurring within two (2) hours of a previous call in to
work shall be considered as a continuation of the first call in to work.
7.2 Part Time Employees and Students
i. No overtime shall be worked except as authorized in advance by the
employee’s supervisor.
ii. All authorized overtime shall be calculated upwards to the nearest ¼ hour.
iii. All overtime will be paid at one and one-half times the employee's regular
straight time rate of pay for all hours worked in excess of forty-four (44)
hours in a week.
8.0 ON-CALL
8.1 An on-call rotational schedule will be prepared by management and
distributed to participants.
8.2 On-call employees assigned this responsibility must be accessible via
emergency pager, cell phone, or smartphone.
8.3 On-call employees are expected to respond within a timeframe established
by each department and be able and fit to report to work if required.
8.4 Maximum compensation for on-call for a week without a paid public holiday is
$200.
i. $16 for each weeknight
ii. $60 for each weekend day for each 24 hour period
iii. $60 for a paid public holiday
9.0 LEAD HAND/ACTING
Upon supervisor unavailability due to time off, time away for training, or a vacant
position, the Lead Hand/Acting role may be assigned to an employee who is
willing and competent to fulfill a portion of the supervisor’s job duties. A Lead
Hand/Acting premium of $2.50/hour will be paid for all hours worked.
10.0 REFERENCE MATERIALS
Employment Standards Act, 2000
Page 93 of 280
Page 1 / 3 Regular Attendance and Personal Days
TOWN OF TILLSONBURG
ADMINISTRATIVE POLICY
Regular Attendance and Personal Days
Policy Number HR - 10
Approval Date October 2010 Revision
Date January 2024
Schedules
1.0 PURPOSE
Regular attendance is vital to maintaining a productive and efficient workplace.
While the Town recognizes that illness or other important matters may keep an
employee from work from time to time, there is an expectation that these instances
will be kept to a minimum. Excessive absenteeism impacts everyone, and will be
dealt with on a case-by-case basis. In every case, employees will be provided
opportunity, support and counselling, as may be appropriate, to correct the
problem of irregular attendance.
2.0 SCOPE
This policy applies to all non-union Town of Tillsonburg employees.
3.0 ABSENCE AND LATENESS REPORT/CALL IN
As soon as an employee becomes aware that he or she will be absent or late for
work, he or she must call his or her supervisor to report the absence or lateness.
In any event, the absence or lateness must be reported to the employee's
supervisor or manager within one-half hour of the commencement of the absence
or lateness (usually the beginning of the employee's regular start time). If the
supervisor is unavailable, after the employee makes all reasonable efforts to
contact the supervisor, the employee shall inform another person in the
Department in which the employee is employed who shall be requested to convey
a message to the supervisor.
A failure to report a lateness or absence as required by this Policy will result in up
to and including termination for cause. Where appropriate, you should call in each
day that you are absent. A failure to report a lateness or absence, as required by
this Policy, for three consecutive days will result in the Town considering the
employee to have abandoned his or her employment. The employee's
Page 94 of 280
Page 2 / 3 Regular Attendance and Personal Days
employment will be terminated at that time. Exceptions will be made only in the
most extraordinary of cases.
Excessive absences or lateness, which have not been excused by the Town, will
result in disciplinary action, up to and including termination for cause.
All absences or lateness for which an employee seeks to be excused must be
supported by appropriate documentation, subject to compliance with the
applicable provincial minimum employment standards legislation. Except in
extraordinary cases, an absence or lateness for which an employee is unable or
unwilling to provide documentation will not be excused.
Even absences or lateness that are excused by the Town may result in an
employee receiving counselling to determine whether and to what extent the
absences and lateness can be reduced.
3.1 Responsibilities
Employees
o Attend work for all scheduled shifts
o Advise of all absences and lateness from work in accordance with
the call in procedures as set out your department.
o Avoid attending to personal obligations (medical/dental
appointments) during working hours where possible.
Supervisors/Managers
o Implement all parts of this policy to manage situations where there
are attendance concerns.
o Ensure all employees within the department are aware of this policy,
as well as the departmental procedures for absences/lateness
o Track and address any attendance concerns that may arise.
o Maintains written documentation of all matters relating to attendance
management of employees
Human Resources
o Provide assistance to management in addressing all issues related
to attendance management.
o Maintain ongoing communications with employees who have
prolonged absences from work and document as required.
Page 95 of 280
Page 3 / 3 Regular Attendance and Personal Days
4.0 PERSONAL DAYS
Part-time, student, contract employees of less than twelve (12) months will be
entitled to unpaid time away from work in accordance with the Employment
Standards Act.
Regular full-time employees and fixed contract full-time employees of twelve
(12) months or longer are eligible to receive ten (10) paid personal days off each
calendar year to be used for religious observances, a sick day, healthcare
appointments or other emergencies of a personal nature.
Ten (10) personal days are equivalent to two (2) regular work weeks, i.e. employees
working five regular 7 hour shifts per week will receive 70 hours, employees working
five regular 8 hour shifts per week will receive 80 hours and employees working four
regular 10 hour shifts per week will receive 80 hours of paid personal time off.
Paid personal days will be granted on a prorated basis during an employee’s first
year of employment, subject to compliance with the applicable minimum provincial
employment standards legislation.
For personal illness or non-work related accident that requires an absence from
work of more than five (5) days, the Short-Term Disability Policy applies.
It is the employee’s responsibility to provide reasonable notification to their manager
where possible in advance of taking a personal day.
Personal days may not be carried over to the following calendar year and the Town
will not pay employees for unused personal leave time. Personal days are also not
to be used as “additional” vacation days.
Employees will not be paid for earned but unused personal days upon cessation of
employment.
5.0 REFERENCE MATERIALS
Employment Standards Act, 2000
Page 96 of 280
Page 1 / 3 Short Term Disability Policy
TOWN OF TILLSONBURG
ADMINISTRATIVE POLICY
Short Term Disability
Policy Number HR - 07
Approval Date October 2010 Revision
Date January 2024
Schedules
1.0 PURPOSE
A short term disability leave may be granted to employees who are required to be
absent from work due to sickness or injury unrelated to work.
In order to qualify for short term disability leave, employees are required to notify
their immediate supervisor of their absence from work due to sickness or disability.
2.0 SCOPE
This procedure applies to all permanent full time employees who have completed
their probationary period.
3.0 POLICY
In order to qualify for short term disability, an employee must be absent from work
for more than five (5) consecutive working days. Applications for short term
disability are adjudicated by a third party, and the Town is not privy to the
employee’s confidential medical information.
Employees will be eligible for a maximum of twenty-six (26) weeks’ of wages per
single disabling event or related disabling events, on the condition that the
employee continues to provide the employer and/or adjudicator with updated
medical documentation as requested. Within the first nine (9) years of
employment, this benefit shall be applied as per the chart below:
Page 97 of 280
Page 2 / 3 Short Term Disability Policy
Benefit Weeks
Length of Service 100% of Salary 75% of Salary
Less than one (1) year 1 25
One (1) year but less than two (2) years 2 24
Two (2) years but less than three (3) years 4 22
Three (3) years but less than four (4) years 6 20
Four (4) years but less than five (5) years 8 18
Five (5) years but less than six (6) years 11 15
Six (6) years but less than seven (7) years 14 12
Seven (7) years but less than eight (8) years 17 9
Eight (8) years but less than nine (9) years 21 5
Over nine (9) years 26 0
4.0 PROCEDURE
If an employee is approved by the Town for short term disability leave, the Town
shall continue to pay the Town’s normal share of the premiums for the group
insurance that that employee would otherwise be entitled for a maximum of
twenty-six (26) weeks from the date of the first absence caused by the sickness or
disability.
4.1 Notification of disability
Employees are required to notify their supervisor/manager immediately if
they will be absent from work.
4.2 Required documentation
If the absence exceeds, or will exceed, more than five consecutive working
days, and it is non-work related injury or illness, the employee must notify
Human Resources staff as soon as possible.
The treating physician/specialist will be required to complete the Attending
Physician Statement (APS) and submit directly to the claims adjudicator.
The Human Resources staff will complete and submit the
documentation required on behalf of the Corporation.
4.3 Adjudication Process
Upon receiving all documentation, an adjudicator will be assigned to the
case.
Page 98 of 280
Page 3 / 3 Short Term Disability Policy
If more information is required, the adjudicator may contact the employee,
human resources, or the physician to obtain further details and clarification.
Once a decision has been made, notification will be provided to both the
employee and the Human Resources department.
Should the claim be denied, the employee is expected to return to work
immediately.
Should the claim be approved, the adjudicator will continue to work with the
employee and treating physician, if necessary, to provide updates and a
return to work plan, if required.
4.4 Remuneration
Payment will follow the schedule chart previously stated in section 3.0 of
this policy.
The employee will need to communicate to their manager how they wish to
be compensated during the adjudication period. Employees must use their
own time (Personal, Overtime, or Vacation) or unpaid time.
Upon approval of the claim, the employee’s time will be reimbursed for any
of the time used beyond the first five (5) days during the adjudication
process.
The first five (5) days of the absence will not be compensated by the Town.
Employees are required to use their own time in order to be compensated,
or alternatively, they may choose to go unpaid.
5.0 REFERENCE MATERIALS
Absence Notification Claim Form
Attending Physician Form
Forms and Templates - All Documents
(tillsonburg.ca)
Page 99 of 280
1
THE CORPORATION OF THE TOWN OF TILLSONBURG
PERSONNEL POLICY
www.tillsonburg.ca
Amended January 2024
Page 100 of 280
2
INTRODUCTORY STATEMENT .......................................................................... 4
Employment Conditions/Work Hours .................................................................... 5
Pay Day...................................................................................................... 5
Pay Advances ............................................................................................ 5
Administrative Pay Corrections .................................................................. 5
Pay Deductions .......................................................................................... 5
Vacation and Vacation Pay ........................................................................ 6
Public Holidays and Public Holiday Pay ..................................................... 8
Rates of Pay ............................................................................................... 9
Progressive Discipline/Termination/Problem Resolution ............................ 9
Temporary Layoffs ..................................................................................... 9
GENERAL EMPLOYMENT BENEFITS ................................................................ 9
Regular Attendance and Personal Days .................................................. 10
Short-Term Disability Benefits .................................................................. 10
Long-Term Disability Insurance ................................................................ 10
Employees Injured on the Job .................................................................. 10
Group Insurance ...................................................................................... 11
Pension .................................................................................................... 11
Miscellaneous .......................................................................................... 11
EDUCATIONAL ASSISTANCE ........................................................................... 14
LEAVES OF ABSENCE ...................................................................................... 15
Medical Leave of Absence ....................................................................... 15
Personal Leave of Absence ..................................................................... 17
Sick Leave and Short-Term Disability Leave............................................ 18
Long-Term Disability Leave ...................................................................... 18
Provincially Legislated Leaves of Absence .............................................. 20
Bereavement Leave ................................................................................. 20
Time Off to Vote ....................................................................................... 21
Jury Duty .................................................................................................. 21
Witness Duty ............................................................................................ 21
OTHER EMPLOYMENT REGULATIONS ........................................................... 22
Probationary Period ................................................................................. 22
Retirement ................................................................................................ 22
AODA... .................................................................................................... 22
Use of Vehicles and Equipment ............................................................... 24
Visitors in the Workplace .......................................................................... 24
No Pyramiding or Compounding .............................................................. 24
Electronic Communications ................................................................................ 25
General Statement of Policy ..................................................................... 25
Prohibited Use .......................................................................................... 26
Use of Electronic Communications .......................................................... 27
Use of the Internet .................................................................................... 27
Confidentiality ........................................................................................... 27
Copywright of Software ............................................................................ 27
Storage Media .......................................................................................... 27
The town Access to Electronic Communications………….……………….28
Page 101 of 280
3
Footer for Email………………….…………………………….………………28
No Expectation of Privacy…………………………………….………………28
Online Social Community Pages, Personal Websites and Blogs…….…..28
Telephone Usage ..................................................................................... 30
Performance Evaluations .................................................................................... 31
Equal Opportunity Employer ............................................................................... 31
Recruitment ........................................................................................................ 31
Workplace Security ............................................................................................. 31
CODE OF CONDUCT ......................................................................................... 32
Hiring of Relatives .................................................................................... 32
Conflict of Interest .................................................................................... 33
Outside Employment ................................................................................ 33
Confidential Information ........................................................................... 34
Media Relations ....................................................................................... 34
Police Check and Vulnerable Sector Screening ..................................... 345
Gifts and Other Benefits ........................................................................... 35
Political Activity ........................................................................................ 35
Distribution of Literature / No Solicitation ................................................. 35
Use of Property ........................................................................................ 36
Scent Free Environment........................................................................... 36
Infractions ................................................................................................. 38
Compliance .............................................................................................. 38
PRIVACY POLICY .............................................................................................. 38
APPENDICES ..................................................................................................... 41
Appendix A – Personnel Policy Rates ...................................................... 42
Appendix B – Clothing Allowance Procedure ........................................... 44
Appendix C – Privacy Consent ................................................................. 47
Appendix D – Personnel Policy Acknowledgment .................................... 48
Page 102 of 280
4
INTRODUCTORY STATEMENT
This Personnel Policy (the “Policy”) is intended to inform all employees of the
rights, privileges, expectations and benefits of their employment with the
Corporation of the Town of Tillsonburg (the "Town").
The Town is structured under the Chief Administrative Officer system of
governance. The Mayor and Council will retain overall responsibility for personnel
management through the Chief Administrative Officer for the Town. Council will
be responsible for setting policy for the management of the Town’s resources and
for determining priority in policy execution. The Human Resource Manager, or
his/her designate, will assume responsibility for advising on human resource
matters to ensure compliance with both federal and provincial legislation and
policies and procedures adopted by municipal by-laws. The Town’s managers will
be responsible for ensuring that these policies are implemented and observed.
This Policy covers full and Part-time employees of the Town, its local boards,
commissions and any appointments made by Council.
Council members will not become directly involved in the discharging of the Town’s
administrative functions or in the operation of its facilities and equipment. The
Town’s managers will be expected to keep Council informed of any changes in the
ordered priorities.
This Policy is compliant with all primary labour and employment statutes including
the Employment Standards Act, 2000, Human Rights Code, Workplace Safety and
Insurance Act, 1997, Occupational Health and Safety Act, and Labour Relations
Act, 1995.
In the event of any inconsistency between the terms of such employment
agreement and the Policy, the terms of the employment agreement shall prevail.
Page 103 of 280
5
EMPLOYMENT CONDITIONS/WORK HOURS
For purposes of this Policy, full-time employees may be either salaried or hourly
employees who are regularly scheduled to work at least thirty-five (35) hours per
week. Generally, full-time employees are eligible for group insurance arranged by
the Town, subject to the terms, conditions and limitations of the group insurance.
For purposes of this Policy, part-time employees are those who are regularly
scheduled to work up to twenty (20) hours per week. Part-time employees are not
eligible for group insurance arranged by the Town. Part-time employees are
eligible for insurance, required to be provided by statute, such as employment
insurance and workplace safety insurance.
For purposes of this Policy, full-time fixed term contract employees working a term
6 months or greater are eligible to receive Town benefits of paid, personal days,
required safety equipment, and clothing allowance if applicable. All eligible days
will be prorated based on the length of the contract.
Please see policy HR-08 – Hours of Work and Overtime for further details.
Payday
Employees will be paid bi-weekly. The payroll period begins on a Sunday and
ends on the 2nd Saturday following. Each employee will be provided a statement
of earnings and deductions for the payroll period. In the event that a regularly
scheduled payday falls on a day other than regular business day for the Town,
employees will receive pay on the last regular day of business prior to the regularly
scheduled payday.
Pay Advances
The Town does not provide pay advances on wages to employees.
Administrative Pay Corrections
In the event that there is an error in the amount of pay provided to an employee,
an employee should promptly bring the discrepancy to the attention of their
supervisor or Human Resources Generalist. Any required corrections will be
made as quickly as possible.
Pay Deductions
The Town must make certain deductions from every employee's pay, including
applicable Federal and Provincial income taxes, Employment Insurance
premiums, and Canada Pension Plan contributions, in the amounts stipulated by
legislation. In addition, membership in the OMERS Plan is mandatory for certain
Page 104 of 280
6
employees and, amounts as directed by the OMERS Plan, are deducted from
each participating employee's pay. Employees should consult Human Resources
Generalist to determine their eligibility and obligations in respect of the OMERS
Plan.
Where the Town offers programs, benefits and insurances beyond those required
by law, eligible employees may be required to, or may voluntarily, authorize
deductions from their pay to cover the costs of participation in these programs.
In all cases, the Town reserves the right to schedule overtime. In most cases, the
Town may first seek volunteers from amongst employees who are qualified to do
the work required. However, where there are no qualified volunteers, the Town
will schedule employees for overtime. Employees who are so scheduled are
expected to report for work except where extraordinary circumstances would
prevent their attendance.
Where an employee offers or is required to work overtime, and the Town approves
such work in advance, the employee is entitled to be paid the applicable overtime
rate.
Vacation and Vacation Pay
All vacation and vacation pay shall be based on the employee’s anniversary date,
and, generally, must be earned in advance. Full-time employees shall be eligible
for vacation and vacation pay in accordance with the following:
Years of Complete Eligible
Service
Paid Vacation Time OR Vacation Pay
Upon initial eligibility (12 mos.) Two (2) weeks 4% of wages earned
4 years Three (3) weeks 6% of wages earned
10 years Four (4)
weeks
8% of wages earned
18 years Five (5)
weeks
10% of wages earned
25 years Six (6)
weeks
12% of wages earned
In addition, full-time employees shall be entitled to a single floating vacation day,
with pay at the employee’s regular straight time rate of pay, in each calendar year.
This day will be prorated in the initial calendar year based on the employee’s date
of hire.
Upon management’s approval, vacation time may be requested in fifteen (15),
thirty (30), sixty (60) minute intervals, as well as daily and weekly intervals.
All part-time employees shall be eligible for vacation time and vacation pay in
Page 105 of 280
7
accordance with Ontario’s minimum employment standards legislation. Vacation
pay will be paid to part-time employees bi-weekly in accordance with the Town’s
customary payroll practice.
The vacation pay column in the chart above will only be used to calculate vacation
for employees on an approved leave, where they do not earn wages paid by the
Town.
Part-time, as well as some contract full-time employees receiving an additional 4%
or 6% of wages as vacation pay shall have their vacation pay based on all wages,
excluding vacation pay, earned during the period for which the vacation or vacation
pay is given.
Vacation must be taken as time off. No cash payment in lieu of vacation will be
provided.
Generally, vacation days may not be taken in advance of being credited. If an
employee requires vacation days prior to being credited with sufficient days, the
employee may request in writing to their manager and may be granted the vacation
days requested up to a maximum of five (5) days (40 hours) for the calendar year
requested.
Vacation of up to one (1) week (40 hours) may be carried over into the employee's
next vacation year, if approved by the respective Director or Chief Administrative
Officer.
To schedule vacation, employees must submit their request for vacation through
the Town’s payroll software – Dayforce, on or before the deadline provided by
their department director/manager of each year. The supervisor will approve or
deny the vacation request based on the Town's operational requirements. A
request for vacation of longer than two (2) consecutive weeks will also require
the approval of the department director. Accrued vacation pay shall be paid to
the employee on the regular pay date occurring during the period of the vacation,
unless the employee and the Town agree otherwise.
When a statutory holiday occurs during an employee's vacation, the Town shall
substitute another day that would ordinarily be a working day for the employee to
take off work for which the employee will be paid statutory holiday pay as if the
substituted day were a statutory holiday.
Vacation entitlement (pay and time) does not accrue during unpaid leaves of
absence; however in no case will you receive less than your minimum statutory
entitlement to unpaid vacation time.
Page 106 of 280
8
Statutory Holidays and Statutory Holiday Pay
All full time employees are entitled to a statutory holiday with pay on each of the
following holidays:
HOLIDAY
New Year’s Day
Family Day
Good Friday
Easter Monday
Victoria Day
Canada Day
1st Monday in August
Labour Day
Thanksgiving
Christmas Day
Boxing Day
Part-time employees are not eligible to receive a holiday with statutory holiday pay
on Easter Monday or the 1st Monday in August holiday.
To be eligible for statutory holiday pay, employees must work all of their previous
regularly scheduled day of work before the holiday and all of their first regularly
scheduled day of work after the holiday, unless the employee had reasonable
cause.
Statutory holiday pay for full-time employees will be equal to the employee’s
regular wages earned in the pay period immediately preceding the statutory
holiday, divided by the number of days the employee worked in that period. In
cases where less than a full day is observed as the statutory holiday, employees
will be responsible for coverage of the work hours not covered by statutory holiday
either by using accrued vacation or unpaid time off.
If the Town and employee agree that the employee will work on a statutory holiday
that would ordinarily be a working day for that employee, the Town shall pay to the
employee wages at his or her regular straight time rate of pay for the hours worked
on the holiday and substitute another day that would ordinarily be a working day
for the employee to take off work and for which they shall be paid public holiday
pay as if the substitute day were a holiday no later than three (3) months after the
public holiday or upon written agreement with the employee, within twelve (12)
months after the public holiday or the Town shall pay to the employee holiday pay
for the day plus one and one half times the employee's regular straight time rate
of pay for each hour worked on the public holiday.
In addition to the public holidays noted above, the afternoon prior to Christmas Day
and the afternoon prior to New Year's Day shall constitute additional paid holidays,
provided, however, that Christmas and New Year's half day public holidays will be
Page 107 of 280
9
observed on the working days preceding the respective holidays except when
Christmas Day and New Year's Day falls on Saturday, Sunday, or Monday in which
case the half-holiday will be observed on the preceding Friday afternoon. The
exact dates to be taken off shall be at the discretion of the Chief Administrative
Officer.
Rates of Pay
The regular straight time rates of pay applicable to each position classification are
outlined in the applicable Compensation Grid as approved by Council.
Employees assigned to act as a lead-hand, provided that such assignment is
approved by the appropriate Director or Manager, will be paid a premium of $2.50
per hour above their regular straight time rate of pay for each hour they are working
in the lead-hand role.
Progressive Discipline/Termination/Problem Resolution
Please see policy HR-09 – Progressive Discipline and Problem Resolution
for details.
Temporary Layoffs
Occasionally, there may be the need for the Town to temporarily layoff one or more
of its employees. The Town retains the sole discretion to determine which
employees will be subject to the temporary layoff.
The Town will give employees as much notice of a layoff as business conditions
allow. This expression of intent, however, does not create an obligation on the part
of the Town to provide any prior notification of a layoff.
The Town will comply with the provisions of the Ontario Employment Standards
Act, 2000 with respect to temporary layoffs.
GENERAL EMPLOYMENT BENEFITS
The Town provides certain employment benefits to eligible employees as
described in this Policy. Where noted, the employment benefits are provided
through contract(s) of insurance and the Town pays certain premiums for the
insured benefits only. All decisions as to the eligibility for a benefit rest exclusively
with the insurance carrier and benefits are subject to the terms of the applicable
contracts. Employment benefits, including insurance coverage, are subject to
change without notice.
Page 108 of 280
10
Regular Attendance and Personal Days
Please see policy HR-10 – Regular Attendance and Personal Days for
further details.
Short-Term Disability Benefits
Please see policy HR-07 – Short Term Disability for further details.
Long-Term Disability Insurance
The Town has arranged for a Long-term Disability Insurance Plan (LTD) which
provides eligible full-time employees, who have completed their probationary
period, with insurance coverage equal to 66.7% of the first $2,250 of basic monthly
earnings and 40% of the balance up to a maximum of $4,000 per month, payable
up to age 65, after a continuous twenty-six (26) week period of disability is satisfied
(Please refer to your Group Insurance Booklet to obtain the specific details).
During the twenty-six (26) week waiting period, the employee may be eligible for
benefits under the Short-term Disability Plan described in policy HR-07 – Short
Term Disability. To qualify for benefits under the LTD plan, an employee must
meet the requirements of the insurance plan and provide evidence of the disability
that is satisfactory to the insurance carrier. All decisions as to the eligibility for
benefits rest solely with the insurance carrier. For more information on the terms
of the LTD plan, please contact Human Resources Manager or his/her designate.
Employees Injured on the Job
An employee who is injured while at work, and as a result of such injury, is certified
by a qualified physician as unfit to complete work on the day of the injury, shall not
suffer a loss of regular straight time pay for the day of the injury and no deduction
will be made from sick leave credits with respect to that particular working day.
Employees who sustain work-related injuries or illnesses must inform their
supervisor immediately in order not to affect any benefits that they may be entitled
to under the Workplace Safety and Insurance Act (the "Act").
Where a full-time employee is absent from work as a result of an illness or injury
covered under the Act, and is in receipt of benefits under the Act, the following
applies:
Respecting full-time employees who satisfy the conditions stipulated above,
the Town shall continue to pay the Town’s normal share of the premiums
for the group insurance that that employee would otherwise be entitled to
for the period required by the Workplace Safety and Insurance Act, provided
Page 109 of 280
11
that the employee pays the employee’s share of the premiums, if any.
No full-time employee shall suffer loss of regular straight time pay for the
period beginning on the first day of an absence from work as a result of an
illness or injury for which benefits are payable under the Act and ending on
the date that benefits are no longer payable under the Act. In the case the
Town makes a payment to an employee in a period for which the employee
also receives a payment from the Workplace Safety and Insurance Board,
the employee shall remit the payment (or the value of the payment) to the
Town, except any payment that relates to an award of non-economic loss
(NEL).
Group Insurance
The Town presently pays premiums on behalf of eligible Full-time employees for
group insurance which consists of the following group benefits:
Life Insurance
Extended Health Insurance
Deluxe Travel Insurance, and
Dental Insurance
The Town pays certain premiums for the described group insurance only. All
decisions as to the eligibility for a benefit rest exclusively with the insurance carrier,
and are subject to the terms of the applicable insurance plan.
Please refer to your Group Insurance Booklet to obtain specific details of the
insured benefits and to determine the rules respecting eligibility and exclusions for
insurances.
Pension
Participation in a pension, administered by and in accordance with the provisions
of the Ontario Municipal Employees Retirement System (OMERS), is compulsory
for every eligible Full-time employee of the Town from the date of hire.
Participation in OMERS is optional for certain Part-time employees. To determine
whether you qualify or are required to participate in OMERS please contact your
Human Resources representatives.
Miscellaneous
a) Clothing Allowance
The number of articles of clothing as indicted in Appendix B, is to be considered
the maximum annual amount required.
This allowance applies only to clothing required in order for an employee to
Page 110 of 280
12
complete their daily tasks. This does not include any required uniforms or health
and safety equipment.
b) Personal Protective Equipment
Personal Protective Equipment (PPE) shall include, but is not limited to,
approved Canadian Standards Association (CSA) safety boots, gloves, high
visibility safety wear, safety eye protection, hearing protection, etc. The Town
shall provide any personal protective equipment to the employee as warranted
by the job conditions determined by department manager and Town’s Health
and Safety Coordinator.
CSA safety boots shall be limited to one pair per year.
In addition, if an employee’s boots are damaged beyond safe limits through the
course of their work, replacement is at the discretion of the supervisor.
Damaged boots must be returned to the supervisor.
If an employee chooses prescription safety glasses, the safety glasses must
comply with CSA Z94.3.1-09 standards, Industrial Eye and Face Protectors.
Expenses for prescription safety glasses may be submitted through our benefit
provider and will be subject to plan reimbursement levels and frequencies.
c) Mileage
Employees using personal vehicles, as approved by the employee’s manager,
or CAO in the case of the in-town rate, while on business for the Town,
Tillsonburg Hydro Inc. or the Tillsonburg Police Services Board, shall be
reimbursed at a rate in accordance with Appendix A to this Policy.
d) Meal Per Diems
Employees may claim, and the Town may approve, reimbursement for meal
per diems where the:
- Director has approved the event which required the employee to attend;
- employee is involved in a meeting or seminar where such employee
cannot bring a lunch, or
- meeting is outside of the geographic boundaries of the Town, or
- meeting is during the day and includes lunch as a business lunch.
Meal per diems include the reasonable purchase of food, a non-alcoholic
beverage, and tip.
Whenever possible, an employee PCard should be used to purchase meals
that meet the above stated criteria.
Receipts are required for all meals purchased either on a PCard, or for
submission of an expense form.
Page 111 of 280
13
Approved meal per diems will be paid in accordance with Appendix A to this
Policy with the submission of conference or seminar details outlining whether
meals are provided as part of the conference or seminar.
e) Conferences and Training
Annual attendance of delegates at seminars, conventions, conferences or
training courses will be restricted to provisions made in the current year’s
operating budget. For purposes of this policy a delegate shall mean a
representative of the Town authorized to attend a seminar, convention,
conference or training course.
Delegates who are required to attend approved seminars, conventions,
conferences or training courses, will be reimbursed upon providing receipts for
expenses relating to the registration fee, accommodations, travel, parking and
communications. All costs related to a companion who attends the seminar,
convention, conference or training course, will not be reimbursed by the Town.
If the annual training budget amount has been committed or spent, attendance
at further training opportunities and additional expenses must be approved in
advance.
A cost sharing arrangement with an employee who wishes to attend a
conference or training event may be considered where attendance is
considered to be of mutual benefit. Attendance of employees at events must
be pre-approved by their Director or Manager. Such arrangements may serve
to spread the budget out so that more employees can benefit.
Attendance at events outside of Canada must be pre-approved by Council.
f) On Call Compensation
Compensation for an employee required to be on stand-by is in accordance
with Appendix A to this Policy.
h) Professional Membership Dues
The Town may, in its discretion, reimburse membership dues paid by
employees for membership in professional associations required by, or directly
related to, the employee's employment with the Town. Requests to be
reimbursed for membership dues must be made in writing, together will all
relevant details, to the appropriate Director or Chief Administrative Officer.
(j) Health Club Membership
The Town will offer full-time and part-time employees, volunteer fire fighters
and members of Council a 100% discount on an adult regular membership fee
(for personal use by the employee) in the Town’s Community Centre health
club, squash, tennis and swimming pool facility. This membership is a taxable
benefit.
Page 112 of 280
14
Employees may also enroll additional family members for the cost of a
Corporate annual Family rate less the Adult annual rate, plus HST.
Additional Family Membership Qualifiers: employee must hold a membership.
Immediate family members only, this includes spouse, common law spouse,
children between the ages of 10 and 21 (ages 10-12 must be accompanied by
an adult), or up to 25 if they are enrolled as a student.
If an employee leaves the Town, their membership will terminate effective their
last day of employment.
For more details about health club membership enrollment, please contact
Human Resources staff.
EDUCATIONAL ASSISTANCE
The Town may provide educational assistance to eligible full-time and part-time
employees who have completed their probationary period in an eligible
employment classification. Employees must remain in active employment and be
performing their job satisfactorily through to the completion of the course for which
educational assistance is claimed.
An employee must acquire all the details regarding the course (including the
educational institution the course is offered through, the full course description, the
cost of the course, the program through which the course is offered, and the
relevance of the course to the employee's employment with the Town). The
employee must then submit a written request to the Town (accompanied by
information described in this Policy) for educational assistance.
Employees requesting educational assistance must submit a written formal
request, to the Town, outlining the following:
1. Educational Institution
2. Full course description (including program offered)
3. Course fees (detailed)
4. Justification and relevance of course to employment
All requests for educational assistance will be reviewed to determine qualification
for assistance. The Town may approve educational assistance requests for all or
part of the amount of assistance being requested. If approved, employees are
responsible for paying all costs of the course upfront. All approvals for education
assistance must be received prior to the employee commencing the course for
which the education assistance is sought and Final assistance payments from the
Page 113 of 280
15
Town will be subject to the employee achieving a final grade of at least 60%, or
equivalent, (where the course is graded in that manner) and/or present a certificate
of completion (where only a certificate of completion is presented to successful
participants).
An employee who resigns or is terminated for cause from the Town prior to
completion of an approved course will not be reimbursed.
While educational assistance is expected to enhance an employee’s performance
and professional abilities, the Town makes no representations that participation in
formal education will entitle the employee to advancement, a different job
assignment, or pay increases.
LEAVES OF ABSENCE
Medical Leave of Absence
The Town recognizes that on occasion, employees may experience an illness or
injury which prevents them from attending at work for a significant period of time.
While it is our hope that employees fully recover and return to work as soon as
possible, this section addresses the circumstances where this is not possible and
outlines our mutual responsibilities.
Firstly, when an employee becomes aware they will be absent from work due to
illness or injury, the employee is required to contact their manager or Human
Resources staff regarding the absence as soon as possible. Please note that
employees are not required to divulge any diagnoses.
The Town will require the employee to supply written medical evidence of inability
to attend work if the absence is expected to be longer than three (3) days, subject
to compliance with the applicable provincial employment standards legislation. It
is important to note any absences not supported by clear medical documentation
may be considered to be unapproved, and therefore subject to disciplinary action
up to and including termination of employment for cause.
In addition, and during the period of the medical leave, an employee will be
required to provide medical documentation to the Town on an ongoing basis, as
requested. Requests for medical documentation will be sent to the employee by
the Town, and may include the requirement to have a treating physician or other
medical specialist to complete medical forms. In all instances, it is the responsibility
of the employee to ensure that these forms are completed acceptably, and within
the time-frames as set by the Town. The purpose of the medical documentation is
to (i) ensure the employee’s medical leave is fully protected; (ii) obtain an
anticipated return to work date; and/or (iii) ensure that the Town is able to evaluate
and determine any appropriate accommodation in ensuring the employee’s safe
return to work.
Page 114 of 280
16
As part of this process and in certain circumstances, the Town may also require
the employee to attend independent assessments and/or independent medical
examinations.
Regular communication during medical leaves is essential to ensure that we work
collaboratively in the return to work process. If required, the Town will seek to take
all reasonable measures to accommodate return to work process. If an employee
is unable to perform the essential duties of their pre-injury/illness job, the Town will
work with the employee to find ways to modify the job to suit their abilities. While
the Town is not required to create jobs, if the employee is unable to perform the
pre-injury/illness work with modifications, the Town will seek to be as creative as
possible to accommodate the employee, and will only cease to accommodate if it
would be an undue hardship for the Town, or if the disability were to create a
permanent inability for the employee to perform most of the essential duties of their
position.
In all cases, the Town will continue to accommodate the employee in accordance
with human rights legislation.
While the Town is confident that our employees will comply with all of the
requirements outlined above, employees should be aware that failure to comply
with these requirements may result in disciplinary action up to and including
termination of employment on a with cause basis.
Financial Assistance Available to Employees on Leave
Since medical leaves usually begin with one (1) or two (2) personal days, the
employee will be eligible to first avail themselves of the Town’s Personal Days
policy if the employee indeed has unused time.
If requested, an employee may be permitted to use any unused vacation time
which they have accrued but not yet used.
In all instances where there is an interruption in earnings for more than five (5)
consecutive days, the Town will issue a Record of Employment to the employee.
The Record of Employment is the government document employees will need
should they wish to apply for Employment Insurance “Sick Leave” Benefits through
Employment and Social Development Canada (“ESDC”). The program details can
be found at Employment Insurance benefits - Canada.ca
It is important to note that certain restrictions may apply to these benefits, and we
suggest employees contact their local ESDC office to determine their personal
eligibility.
Lastly, we take this opportunity to also remind all employees that the Town has
both a short term disability and long term disability program that is available for
Page 115 of 280
17
extended medical leaves. Both of these programs have various requirements in
order to qualify. For more details please contact Human Resources staff.
Personal Leave of Absence
A personal leave of absence under this Policy is defined as an approved leave
of an employee without pay.
An employee is required to make a request in advance, in writing, to his/her
immediate manager who shall review the request with the department director
and assess it against the operational requirements of the Town or any other
relevant factor. The Town will make all decisions in respect of requests for
personal leave of absence and its decision is final.
Except as identified in this Policy, or in the most extraordinary of circumstances,
a personal leave of absence will not be granted for a period exceeding thirty
(30) calendar days.
All personal leaves of absence approved under this Policy shall not result in
additional cost to the Town, including costs related to the premiums for group
insurance.
While an employee is on a personal leave of absence under this section, group
insurance will be administered on the following basis:
i) In the event the personal leave of absence exceeds ten (10) working days
but is less than thirty (30) calendar days, group life and extended health
insurance may be maintained at the employee's expense. In any case
where a leave of absence exceeds ten (10) working days, the short term
disability benefits described in this Policy that would otherwise be available
to employees shall not be available.
ii) Employees wishing to maintain the benefit coverage noted above, shall
make arrangements, in writing, prior to commencement of the leave of
absence with employees being responsible for all premium payments
required and payable to the Town prior to commencement of the employees
leave. Failure to notify the Town in writing of the desire to maintain available
benefit coverage and make full payment, as noted, for the premium
associated with the group insurance may result in the insurance coverage
lapsing and otherwise not covering the employee for the period of the leave
of absence (and beyond).
iii) No OMERS contributions shall be made by either the Town or the employee
Page 116 of 280
18
during any personal leaves of absence. Employees may arrange to make
OMERS contributions, at the employee’s expense, for the broken service
period on behalf of both the employee and the Town, subject to OMERS
regulations.
Sick Leave and Short-Term Disability Leave
A sick leave, or short-term disability leave, may be granted to employees who are
required to be absent from work due to sickness or injury unrelated to work. In
order to qualify for either a sick leave or a short-term disability leave, employees
are required to notify their immediate supervisor of their inability to be at work
because of sickness or disability
Employees may be required to produce proof of sickness or disability in the form
of a detailed medical certificate issued by a qualified physician subject to
compliance with the applicable minimum provincial employment standards
legislation. Failure to comply with the request to provide a detailed medical
certificate in support of the request for leave may result in forfeiture of pay, denial
of the sick leave or short term disability leave and suspension or discharge from
employment for cause.
If an employee is approved by the Town for sick leave or short term disability leave,
the Town shall continue to pay the Town’s normal share of the premiums for the
group insurance that that employee would otherwise be entitled to for a maximum
of twenty-six (26) weeks from the date of the first absence caused by the sickness
or disability, provided that the employee pays the employee’s share of the
premiums, if any.
Long-Term Disability Leave
(a) Full-time employees may be approved for a long-term disability leave of
absence. Employees may be required to produce proof of sickness or
disability, in the form of a detailed medical certificate issued by a qualified
physician, and provide regular updates from a qualified physician, subject
to compliance with the applicable minimum provincial employment
standards legislation. Failure to comply with the request to provide a
detailed medical certificate in support of the request for long-term disability
leave of absence may result in forfeiture of pay, denial of the sick leave or
long term disability leave and suspension or discharge from employment for
cause.
In addition, absences of extended duration and the cause(s) of the
absences will be reviewed by the Town. In appropriate circumstances, and
having regard to available medical evidence and prognosis for return to
employment (including accommodated employment in accordance with
legal requirements) the Town may treat the employment relationship as
having been frustrated and terminate the employee's employment.
Page 117 of 280
19
Where a long-term disability leave of absence has been approved by the
carrier, eligible employees shall have their group insurance administered on
the following basis:
i) The Town shall continue to pay the Town’s normal share of the
premiums for group life and extended health insurance for twenty-four
(24) months from the date of the first absence caused by the sickness
or disability, subject to the employee paying the employee’s share of the
premiums, if any.
ii) No contribution to OMERS will be made by either the Town or the
employee while the employee is on long-term disability leave since
provision is made under the OMERS plan for either a disability pension
or disability waiver of contributions, subject to OMERS regulations.
(b) Employees who have been employed by the Town for at least thirty (30)
consecutive
years and i) have been approved for a long term disability leave of absence
in accordance with this Article and ii) have been absent from work on such
approved long term disability leave of absence for at least twenty-four (24)
months from the date of the first absence caused by the sickness or
disability, may request that the Town continue to remit premiums on their
behalf for group life and extended health insurance, subject, in all cases, to
the following further conditions and limitations:
(i) the employee ceases to be employed by the Town commensurate with,
or prior to the time, that the Town begins to remit premiums on behalf of
the employee under article (b);
(ii) the employee makes arrangements satisfactory to the Town for the
payment of the employee’s share of such premiums, if any, prior to
the time that the premiums are payable, and the employee complies
with those arrangements;
(iii) the arrangements described at sub-article (ii) shall include a
commitment by the employee to pay any increases to the premiums
that may be charged by the group insurer from time to time;
(iv) no premiums will be paid by the Town after the earlier of the date that
the employee is no longer eligible to receive long term disability
benefits under the Town’s long term disability insurance, as
determined by the Town’s group insurer, and the employee’s 65th
birthday;
Page 118 of 280
20
(v) group insurance will lapse no later than the dates described at sub-
article (iv); and
(vi) the employee complies with all requests made by the Town to supply
information related to the employee’s sickness or disability.
Employees recognize that the Town can agree to pay certain premiums for
the described group insurance only. All decisions as to whether insurance
will be extended and in respect of the eligibility for a benefit rest exclusively
with the insurer, and are subject to the terms of the applicable insurance
plan.
Provincially Legislated Leaves of Absence
Under the Ontario Employment Standards Act, 2000, the following leaves of
absences shall be granted to all employees in accordance with the Provincial
legislation, as noted:
Pregnancy/Parental Leave
Family Medical Leave
Organ Donor Leave
Reservist Leave
Family Caregiver Leave
Critically Ill Child Care Leave
Crime-Related Child Death and Disappearance Leave
Domestic or Sexual Violence Leave
Any other leaves Provincially approved after the date of this Policy
While an employee is on any provincially legislated leave of absence, group
insurance will be administered in accordance with the applicable legislation.
In the event an employee wishes to extend a provincially legislated leave, the
employee may make application in accordance with the Personal Leave of
Absence section.
Bereavement Leave
Bereavement leave of absence, without loss of regular straight time pay, may be
granted for full-time employees attending the funeral and for bereavement
purposes in accordance with the following:
Five (5) working days immediately following the death of a spouse,
common-law spouse, same sex partner, parent, stepmother, stepfather,
child, stepchild, or parent, stepmother, stepfather of the employee’s current
spouse, common-law spouse or same sex partner.
Page 119 of 280
21
Three (3) working days immediately following the death of a grandchild,
grandparent, brother, stepbrother, sister, stepsister, or sister, stepsister,
brother, stepbrother or grandparent of the employee's current spouse,
common-law spouse or same sex partner.
One (1) working day, to attend the funeral of an aunt or uncle, a close friend
or to serve as a pallbearer.
An employee requesting a bereavement leave of absence pursuant to this Policy
may be required by the Town to furnish evidence supporting the leave.
Time Off to Vote
If, due directly to their work schedules, employees are not provided with three (3)
consecutive hours to cast their vote in a federal, provincial or municipal election
outside of their working hours, the Town may grant up to four hours off work without
loss of regular straight time pay for the purpose of permitting employees the
opportunity to vote. Employees must request time off to vote under this Policy from
their supervisor at least two working days prior to the day of the federal, provincial
or municipal election.
Jury Duty
An employee who is requested for jury consideration/service, in any court in
Ontario shall be granted necessary leave of absence without loss of regular
straight time pay during the period which the employee is required to serve as a
juror and attends at court for that purpose.
Upon completion of jury duty, such employee shall present to their director a
certificate satisfactory to the director, signed by a responsible official of the Court,
showing such period of service. It shall be a condition of the employee receiving
any compensation pursuant to this Policy that the employee deposits with the
Treasurer of the Town the full amount of compensation received, excluding
mileage and any travelling expenses, for attending jury duty.
Witness Duty
If an employee has been subpoenaed as a witness for the Town or otherwise
requested to testify as a witness by the Town, employee will not suffer any loss of
regular straight time pay during the period they are required to be absent from work
pursuant to the subpoena or the Town's request to testify.
Employees who are subpoenaed to attend court by any party other than the Town
shall not suffer loss of regular straight time pay for the first two days of the absence.
Any employee who is subpoenaed must deliver a copy of the subpoena to their
supervisor immediately after it is received so the supervisor may make any
operational adjustments. The employee is expected to report for work as the court
Page 120 of 280
22
schedule permits.
OTHER EMPLOYMENT REGULATIONS
Probationary Period
All new employees will be subject to a probationary period. The probationary
period is a trial period used by the Town to determine if the new employee is
suitable for continued employment with the Town. It shall be a condition of
continued employment with the Town that the employee complete the probationary
period to the satisfaction of the Town.
The probationary period for a new employee shall start on the date in which the
employee commenced active full or part-time employment with the Town and
continue from that date for a period of six (6) months. The probationary period may
only be satisfied through the completion of such working days.
The Town, in its discretion, may extend the probationary period for a period of up
to 90 additional working days, on the provision of written notice to the employee
affected.
Retirement
An employee may retire on the date of the employee’s 65th birthday. An employee
may explore early retirement options with OMERS.
Accessibility for Ontarians with Disabilities Act (AODA)
All employees, volunteers, consultants and persons who provide goods and
services to the municipality shall be trained in accordance with Accessibility for
Ontarians with Disabilities Act (AODA) - Integrated Accessibility Standard
Regulations (IASR) Section 7 and the Ontario Human Rights Code as it pertains
to individuals with disabilities. All training shall be completed with all new hires for
the Town, as well as new volunteers, who have not previously received the
required training as soon as operationally possible.
The Town is committed to principles of equal opportunity for all job applicants and
employees. In keeping with this policy, the Town does not engage in impermissible
discrimination based on any prohibited ground, race, color, religion, sex, gender,
sexual orientation, national origin, age, disability, veteran status, genetic
information or any other protected class as identified including an individual’s
disability (perceived or real). The Town will also make reasonable
accommodations that are necessary to comply with the provincial and federal laws.
The Town will make reasonable accommodations for a known physical or mental
disability or known medical condition of an applicant or employee, consistent with
its legal obligations to do so.
Page 121 of 280
23
As part of its commitment to make reasonable accommodations, the Town also
wishes to participate in a timely, good faith, interactive process with the disabled
applicant or employee to determine effective reasonable accommodations, if any,
which can be made in response to a request for accommodations. Applicants and
employees are invited to identify reasonable accommodations that can be made
to assist them to perform the essential functions of the position they seek or
occupy. The Town will also, upon request, provide any necessary supports to
employees with disabilities. Applicants and employees who may require
reasonable accommodation should contact the Human Resources staff as soon
as possible to request the opportunity to participate in a timely interactive process.
By working together in good faith, the Town hopes to implement reasonable
accommodations that are appropriate and consistent with its legal obligations.
Page 122 of 280
24
Use of Vehicles and Equipment
When using vehicles and equipment owned or leased by the Town, employees are
expected to exercise care, or report the need for maintenance, and follow all
operating instructions, safety standards and guidelines. Employees required to
use a Town vehicle shall be required to provide proof of a valid driver’s licence and
a driving abstract from the Ministry of Transportation on an annual basis and at
such other times as may be required by the Town. The Town shall pay the costs
of the driving abstracts.
Employees are immediately required to inform their supervisor when their driver’s
licence has been suspended or becomes invalid for any other reason.
Employees shall also notify their supervisor if any vehicle or equipment appears to
be damaged, defective, or in need of repair.
The improper, careless, negligent, destructive, or unsafe use or operation of
vehicles and equipment, as well as excessive or avoidable traffic and parking
violations, can result in disciplinary action, up to and including termination of
employment for cause.
Vehicles, equipment, and/or property owned, leased, or rented by the Town may
not be used for personal use.
For further details, please refer to the Corporate Fleet Policy.
Visitors in the Workplace
For safety and security reasons, only authorized visitors are allowed in the
workplace.
All visitors should enter the Office at the Main Entrance and sign in/out in the
visitors’ logbook located at each Town location. Authorized visitors will receive
directions or be escorted to their destination. Employees are responsible for the
safety of their visitors.
If an unauthorized or abusive individual is observed in the Town's work areas,
employees should immediately notify their supervisor or, if necessary, direct the
individual to the Chief Administrative Officer and otherwise refer to the Town’s
applicable Operations Policy Manual.
No Pyramiding or Compounding
All the employment benefits and terms of employment that are described in this
Policy do not pyramid or compound.
Page 123 of 280
25
ELECTRONIC COMMUNICATIONS
General Statement of Policy
This document sets forth the Town’s policy on access to, use and disclosure of
information entered into or obtained through the Town’s computers and other
electronic communication systems that can receive and retain information.
Voicemail, facsimile, data network and email systems and other electronic
communications are for use in conducting the business of the Town. The Town
expects communications and information received or transmitted through these
systems will have a business purpose. The Town recognizes that employees will
occasionally use these electronic communication systems for personal matters.
The Town expects that employees’ personal use will be minimal, will not interfere
with the conduct of our business, and that the content of the communications
employees send and receive will comply with the requirements set forth below.
1. The computer hardware, software, email, other media of electronic and
telephonic communications and the Internet connection, (collectively the
“Communication Systems”) are the property of the Town and are to be used
solely for business purposes.
2. Use of the Communication Systems for outside commercial ventures,
religious or political causes, outside the Town’s, illegal purposes, or other
non-job related matters such as entertainment or gaming, or to disclose,
store or send confidential, proprietary, secret or privileged information is
prohibited.
The Town’s communication systems may not be used in a way that may be
harassing, disparaging, disruptive or offensive to others, or harmful to
morale.
3. Employee communications transmitted or received by the communication
systems should not be considered private by employees. The internet
gateway is not a secure system. There is no expectation of privacy for either
the sender or recipient of electronic communications using the
communication systems.
4. The use of the communication systems and the transmissions sent or
received may be monitored or examined by authorized personnel to ensure
the Town’s legitimate business interest in the proper utilization of its
property and the compliance with its policy. The Town reserves the right to
access and disclose the contents of the communications/transmissions as
is required in furtherance of the Town’s legitimate business interests, by law
or by legal obligations to third parties. By using the communication
systems, employees consent to such access and disclosure of the contents
of the communications/transmissions as set out above by authorized Town
Page 124 of 280
26
personnel. The existence of passwords or message delete functions does
not restrict or eliminate the Town’s ability or right to access electronic
communications.
5. Information on Internet activity may be collected and periodically reviewed
with the focus on possible misuse, unauthorized access and growth trends
for capacity planning.
6. Use of software that violates the software vendor’s licensing agreement is
prohibited.
7. Employees shall not use a code, access a file, or retrieve any stored
information, other than where authorized. Employees shall not attempt to
gain access to another employee’s messages without the latter’s
permission.
8. The Town, in its sole discretion, reserves the right to suspend or limit an
employee’s use of the communication systems.
Prohibited Use
Policies prohibiting all forms of harassment apply to the use of the communication
systems. No one may use the communication systems in any manner that could
be construed by others as harassment or discrimination based on a person’s race,
sex, colour, ancestry, ethnic origin, sexual orientation, age, disability, creed or any
other factor that is legislatively protected. As such, it is of fundamental importance
that these tools not be used for the following purposes:
Visiting any pornographic web site,
Expressing sexual jokes or other written references to sexual conduct, and
Displaying sexually suggestive or other offensive objects, pictures or
cartoons.
Any communications containing such content should be immediately brought to
the attention of the immediate supervisor. Abuse of the Communication Systems
to access or transmit offensive images or materials may in certain circumstances
(i.e., child pornography) require the Town to report such illegal activity to the
appropriate authorities.
In addition, due to issues surrounding IT bandwidth, as well as the high volume or
spam that already infiltrates our working environment; the following uses are also
prohibited:
Participation in web based chat rooms,
Storing or forwarding jokes, political satire, trivia, "chain mail," or other
"junk" communications,
Page 125 of 280
27
Sending and/or receiving online greeting cards, non-business related
newsletters, or non-business related news groups, and
Downloading of MPEG files.
The Communication Systems may not be used to solicit for social, religious,
political, or other causes, outside the Town’s, or other personal matters unrelated
to the Town’s business. Users may not send unsolicited email to persons within
or outside of the Town. This includes distribution of hoaxes, chain letters, or
advertisements. Users may not propagate viruses, knowingly or maliciously
(spamming). Users may not, under any circumstances, use “spoofing” or other
means to disguise their identities in sending email.
Use of Electronic Communications
Because all electronic communications represent the Town in some way, all such
communications should observe normal standards of professional conduct. All
use of the Communication Systems should take business interests into account:
trade secrets should be protected; communications should be courteous and
display proper grammar and spelling, just as business letters and conversations
should; recipients of communications should be limited to those for whom the
communications are intended and necessary; and responses to communications
should be appropriate and swift, whether entailing reply, storage to other locations,
or deletion to eliminate clutter.
Use of the Internet
Employees may have access to the Internet depending on their job responsibilities.
Every Internet site visited is capable of determining the employee’s and the Town’s
identity. Exercise sound judgment and much discretion when accessing the
Internet.
Confidentiality
We have an obligation to preserve and protect our customer’s confidential data, as
well as trade secrets and other confidential information. The confidentiality of data
(including email messages) sent via the Internet cannot be assured. The
transmission of customer sensitive material, trade secrets or any other proprietary
information, without the customer's permission and/or approval from management,
is prohibited and may result in discipline, including termination of employment for
cause.
Copyright of Software
Unless otherwise noted, all software on the Internet should be considered
copyrighted work. Therefore, employees are prohibited from downloading software
and/or modifying any such files without permission from the copyright holder and
the immediate supervisor.
Storage Media
The Town may store electronic communications and information for a period of
Page 126 of 280
28
time. From time to time, communications or information stored in the
Communication Systems may be deleted, printed, or utilized for any purpose.
The Town Access to Electronic Communications
Email and voicemail messages, a history of Internet domains accessed, and
preliminary drafts of word processing documents may be electronically stored even
after they have been deleted from your computer or telephone.
Footer for Email
All email signatures should contain this footer:
“This E-mail contains legally privileged information intended only for the
individual or entity named in the message. If the reader of this message is not
the intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination, distribution or
copying of this communication is prohibited. If this communication was received
in error, please notify us by reply E-mail and delete the original message.”
No Expectation of Privacy
The Town and specially authorized individuals reserve the right to access, use and
disclose contents of the Communication Systems at any time and review, use and
disclose communications within the Communication Systems, without notice to
users of the Communication Systems. No one may access or attempt to access
another's electronic communications without appropriate authorization from
management. The reasons the Town may access the Communication Systems
include but are not limited to, the following: system maintenance; preventing or
investigating allegations of system abuse or misuse or misconduct; assuring
compliance with software copyright laws; complying with legal and regulatory
requests for information; ensuring that the Town operations continue appropriately
during an employee's absence; investigating alleged employee misconduct; and
any other purpose deemed appropriate by the Town. Employees should not expect
the use of the Communication Systems to be private.
Online Social Community Pages, Personal Websites and Blogs
The purpose of this section is to define guidelines and standards for employees
who maintain personal pages within an online social community such as
Facebook, X (formerly known as Twitter), LinkedIn or Instagram (or any other
social networking sites), a personal website, and/or blogs.
This policy covers appropriate use of personal pages, websites and/or blogs that
reference the Town and applies to all employees, contractors, consultants,
temporary employees, and other workers at the Town who maintain a social media
accounts, a personal websites and/or blogs.
If you choose to identify yourself as a Town employee or to discuss matters related
to the Town’s business on your personal page, website or blog, please bear in
Page 127 of 280
29
mind that although the personal page, website or blog is a personal project and a
medium of personal expression, some readers may nonetheless view you as a de
facto spokesperson for the Town. In light of this, we ask that you observe the
following guidelines:
Please make it clear to your readers that the views you express are yours
alone and that they do not necessarily reflect the views of the Town. To
help reduce the potential for confusion, we would appreciate it if you put the
following notice – or something similar – in a reasonably prominent place
on your site:
The views expressed on this personal page, website/blog are mine alone
and do not necessarily reflect the views of my employer.
If you do put a notice on your page and or site, you needn’t put it on every
page, but please use reasonable efforts to draw attention to it – if at all
possible, from the home page of your site.
Do not disclose any information that is confidential or proprietary to the
Town or of any third party that has disclosed information to us. The Town’s
policy on Confidentiality applies. Accordingly, a violation of the policy may
lead to discipline, up to and including termination of employment for cause.
Please remember that your employment relationship gives the Town certain
rights with respect to concepts and developments you produce that are
related to the Town’s business. Accordingly, we strongly discourage
publishing such concepts or developments related to the Town’s business
on your site. If you have any questions in this regard, please contact Human
Resources staff.
Since your site is a public space, we anticipate you will be as respectful to
the Town, our employees, our customers, our partners and affiliates, and
others (including our competitors) as the Town itself endeavors to be.
Be very careful to avoid posting any material that is protected by copyright.
Failure to do so could result in legal action against you by the owner of the
material. It may also lead to Town imposed discipline, up to and including
termination of employment for cause.
We also warn you against making a false claim, expressly stated or implied
to be factual, that may harm the reputation of the Town, any individual,
business, product, group, government or nation. This could lead to civil or
criminal actions against you. In addition, you may face Town imposed
discipline, up to and including termination of employment for cause.
Page 128 of 280
30
Please be aware that the Town may request that you temporarily confine
your personal page, website or blog commentary to topics unrelated to the
Town (or, in rare cases, that you temporarily suspend your website or blog
activity altogether) if it considers this is necessary or advisable to ensure
compliance with securities regulations, other laws or to protect the interests
of the Town and its stakeholders.
If you have any questions about these guidelines or any matter related to your site
that these guidelines do not address, please direct them to your immediate
supervisor.
Telephone Usage
Cellular Phone and Smartphone Use
All employees who utilize smartphones or cellular phones are asked to
completely turn off these devices during internal meetings and to set these
devices to “vibrate mode” when in the office but not in a meeting. Responses to
emails or calls on these devices should never be done during meetings, and
employees are asked to be cognizant of any distractions or disturbances these
items may create for co-workers.
All employees who utilize smartphones or cellular phones are advised that the
Town strictly prohibits employees from using hand held smartphones or cellular
phones while driving and does not require employees to make or receive calls
when driving for safety reasons.
When driving, hand held smartphones or cellular phones should be switched off
or, if switched on, the call should be left to go through to voicemail until a safe
place to stop has been found to check messages and return calls. Drivers should
pull over to a safe location before making or receiving calls, text messaging or
accessing the Internet. Please note, we do not recommend that you pull over on
the side of a highway. Recommended pull over locations include a parking lot or
service area. Employees should never take notes while talking and driving and if
an in depth conversation requires full attention, employees should return the call
when they are not driving.
For those employees, who travel on Town business, we require that they continue
to adhere to this policy at all times during the trip, even while they are not
technically working. We also require employees who have Town provided
smartphones or cellular phones to adhere to this policy at any time while using the
equipment.
Be aware that you could face prosecution for failing to have proper control of your
vehicle or for careless or reckless driving if use of a smartphone or cellular phone
affects your driving. You may also be subject to discipline, including termination
of employment for cause for violation of this policy.
Page 129 of 280
31
It is a provincial offence to drive while using or holding a hand held cellular phone
or smartphone in all Canadian provinces/territories with the exception of Nunavut.
Personal Telephone Calls
Personal use of the phone will be permitted but only in respect of urgent matters.
Employees must limit their personal use of the phone and will be required to
reimburse the Town for all long distance or other charges incurred as a result of
their personal use of the phone.
Personal Mail
Employees must refrain from sending or receiving personal mail from or to the
workplace.
PERFORMANCE EVALUATIONS
Performance evaluations are scheduled during an employee’s probationary
period, and on the employee’s anniversary date thereafter. The evaluation process
shall include a review of the job description; an evaluation prepared by
management/supervisor, with an opportunity for review and comment by the
employee; and the establishment of objectives for the next following evaluation
where applicable. Results of the evaluation process will be a factor in determining
placement on the approved salary grid.
EQUAL OPPORTUNITY EMPLOYER
It is the objective of the Town to provide equal employment opportunities without
discrimination because of a person’s race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital
status, same-sex partnership status, family status, or disability or such other
prohibited ground as set out under provincial human rights legislation.
RECRUITMENT
Vacancies for permanent full-time and permanent part-time positions are to be
advertised internally for a period of one week. It is suggested that an internal
applicant advise their immediate supervisor of their intention to apply for a position
prior to submitting an application. The Town may elect to post an advertisement
for a position externally at the same time that it is posted internally. Offers of
employment will be prepared by the Human Resources Manager or his or her
designate in consultation with the Chief Administrative Officer. All positions at the
Director’s level or above will be subject to Council approval.
WORKPLACE SECURITY
Every employee is responsible for making the workplace a safe and secure
environment. Accordingly, all employees are required to comply with following
Page 130 of 280
32
security requirements:
1) Keys given to employees may not be duplicated or loaned to anyone. Lost
keys must be reported to the Town immediately. Security codes or
passwords must be kept in a secure location or committed to memory and
are not to be disclosed to any unauthorized individual and not unless
specifically directed by the Town to do so.
2) Each employee is responsible for turning off the lights and equipment, such
as fans, heaters, radios, and computers, in their offices or workspaces at
the end of each workday.
3) During work hours, purses and wallets should be placed in a secure location
and should not be left visible to others.
4) Any employee who notices any unusual condition must report this condition
to the employee's supervisor immediately.
5) Guests and visitors must not be permitted to walk through areas of Town
Buildings or property that are generally accessible to the public unless
specifically authorized to do so by a responsible Town supervisor.
6) Former employees of the Town must be treated as any other guest or visitor
for security purposes.
Employees are not to remain at their work locations after their working hours
unless the Town has given prior approval.
CODE OF CONDUCT
The purpose of this code of conduct for employees of the Town is to foster a
common understanding of the fundamental rights, privileges, and obligations of
employees. A code of conduct serves as a statement of principles of integrity,
honesty, and impartiality, and recognizes that, as employees of a municipal
corporation, employees of the Town are reposed with a public trust that they have
a responsibility to uphold. Every employee has an obligation to the Town to report
practices that are not in compliance with this Policy since it is in the best interest
of the Town and all employees that are involved.
Hiring of Relatives
In most cases the Town does not support having relatives working together. The
reason for this is that it has the potential of creating a conflict of interest, or an
abuse of power.
For the purposes of this policy, a relative is defined as a spouse, common-law
spouse, child, common-law spouse’s child, mother, father, brother, sister,
grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-
law, same sex partner, common-law spouse’s mother, father-in-law, common-law
spouse’s father, grandparent, spouse’s grandparents, aunt, and uncle.
The Town does not have a policy against hiring relatives or family members;
Page 131 of 280
33
however, one stipulation has been established to ensure fair treatment of all
employees.
Relatives of employees currently employed by the Town or relatives of a member
of Council or a local board may be hired, or may be continued in employment, only
if they will be employed in or transferred into a position that does not directly report
to or supervise the relative.
That said the Town will always look at the nature of the positions that both
employees hold within the Town when making work related decisions (including
but not limited to hiring, promotion and transfer). In all situations, the Town will
ensure that any decisions made in this regard follow all provincial human rights
requirements.
The Town requires that all employees who may be working with a relative disclose
this information to both their supervisor and Human Resources. If the relationship
is found to have been deliberately concealed from the Town at the time the second
relative is hired or any time thereafter, the employment of one, the other or both of
the relatives may be terminated for cause.
For further information on this topic, please feel free to contact Human Resources
staff.
Conflict of Interest
If a conflict of interest (potential or actual) exists because of an employee’s
personal interest (or the interest of a relative of the employee) in a property matter,
a business dealing with the Town, or similar circumstance, the Town must be
immediately advised of the potential conflict in writing by all employees concerned.
A conflict of interest (potential or actual) exists when an employee is in a position
to influence a decision that may result in a personal gain or advantage for the
employee or for a relative of the employee as a result of decisions or actions taken
by the Town. For the purposes of this Policy, a relative is any person as defined in
the Hiring of Relatives section.
Once an employee has declared a conflict of interest, in accordance with this
Policy, the employee will be relieved from any decision-making responsibilities in
respect of the interest that has been disclosed.
Employees who fail to report a conflict of interest (potential or actual) to the Town
in a timely manner will be subject to discipline, up to and including termination of
employment for cause.
Outside Employment
Employees may hold employment outside of their employment with the Town so
long as that employment does not conflict with their responsibilities or work
schedule of their employment with the Town and they satisfactorily perform their
Page 132 of 280
34
job responsibilities with the Town. Employment in the same profession or
occupation as that in which an employee is employed by the Town, requires written
disclosure to, and approval by, the Chief Administrative Officer.
If the Town determines that an employee's outside work interferes with
performance or the ability to meet the requirements of employment with the Town,
the employee may be required to terminate the outside employment if the
employee wishes to remain employed with the Town.
Confidential Information
Confidential information shall only be released in accordance with the Municipal
Freedom of Information and Protection of Privacy Act. All matters and information
that come to be known by employees through the course of their employment must
be treated as confidential by the employees and must not be released, disclosed,
or discussed with any employee or third party without the express consent of the
Town. A violation of this confidentiality policy will result in discipline, up to and
including termination for cause.
Matters and information that may come to be known by employees through the
course of their employment and which must be kept confidential include (but are
not limited to):
Compensation data Legal Opinions and Briefs
Personnel information Pending projects and proposals
Collection Roll Pending Land purchases and sales
Taxpayer and User Accounts
Financial information
Labour relations strategies
Employees who improperly use or disclose confidential information will be subject
to disciplinary action, up to and including termination of employment for cause.
Employees may also be subject to legal action in respect of the disclosure, even
in the case they not actually benefit from the disclosure of the confidential
information.
Media Relations
To avoid transmitting misinformation or confidential information, the Mayor and the
Chief Administrative Officer shall be the primary spokespersons and contacts to
the media for the dissemination of information. Directors and managers are
authorized to disseminate information regarding technical/administrative matters
within their functional areas.
In an emergency situation, the provisions of the Town’s Emergency Plan prevail.
The Chief Administrative Officer may appoint a designate in their absence.
Page 133 of 280
35
Police Check and Vulnerable Sector Screening
“Vulnerable Person(s)” means any person(s) who, because of their age, a
disability, or other circumstance, whether temporary or permanent, are in a
position of dependence on others, or are at a greater risk than the general
population of being harmed by a person(s) in a position of authority or trust.
The Town of Tillsonburg strives to maintain a safe environment for all staff
(including volunteers) and vulnerable persons. In order to minimize risk and
safeguard its employees, citizens, clients and assets the Town shall require that
a police screening check be conducted on all new hires prior to commencing
employment with Town. Students will require a Vulnerable Sector screening
completed prior to commencing their employment with Town.
In the instance if the police check turns out positive, Human Resources Manager
and the department manager will review the information and will made the hiring
decision based on whether the offence would have a real effect on the new hire’s
ability to do the job and whether there would be any risks associated with the
hire.
Gifts and Other Benefits
Employees must refrain from accepting gifts and other benefits from firms or
individuals, and must not place themselves in a position where they are under
obligation (real or perceived) to favour any individual or firm.
If any question arises as to whether an employee should accept a particular gift,
protocol or social obligation, the employee must consult with his or her supervisor
and receive direction before accepting such gift, protocol or social obligation.
Political Activity
Employees are encouraged not to get directly involved in a local government
political campaign in the Town. Employees may be involved in provincial, federal
or other local municipal campaigns as long as this involvement does not affect the
objectivity and impartiality with which they must discharge their duties.
Distribution of Literature / No Solicitation
No employee shall cause any printed matter unrelated to the business of the Town
and prepared outside of the normal course of the employee's responsibilities with
the Town, to be circulated or posted on Town property without first obtaining the
written approval of their Director or the Chief Administrative Officer.
No employee shall solicit other employees of the Town, or third parties, during their
Page 134 of 280
36
working hours, in respect of personal or other business or matters not directly
related to the business of the Town.
Use of Property
Employees must not use Town property, equipment, supplies, or services for
activities not directly related with the discharge of their official duties and
responsibilities unless prior authorization is provided by the employee's supervisor.
In no case shall employees use Town property, equipment, supplies, or services
for personal gain.
Scent Free Environment
The Town of Tillsonburg is committed to eliminating health concerns arising from
exposure to scented products by maintaining a scent-safe environment for all
employees and visitors within Town of Tillsonburg workplaces. All employees and
visitors will refrain from using or wearing scented products at Town facilities.
Section 25 (2)(h) of the Occupational Health and Safety Act imposes a requirement
upon the employer to take every precaution reasonable in the circumstances for
the protection of the worker. Thus this regulation requires the employer to limit the
exposure of workers to chemical substances. Scented products are by their very
nature shared with others. For people who report multiple chemical sensitivity or
environmental illnesses, their ability to function depends on having air free of
chemicals.
Exposure to scented products can adversely affect a person’s health. In sufficient
concentrations scented products may trigger responses to those with allergies or
chemical sensitivities. Allergic and asthmatic people, as well as those with other
conditions, report that exposure to scented products, even in the smallest
amounts, can trigger response. Reported symptoms can include, but are not
limited to:
Headaches, migraines Nausea
Dizziness, lightheadedness Fatigue
Weakness Malaise
Confusion Anxiety
Numbness Difficulty with concentration
Upper respiratory symptoms Sinus Congestion
Skin irritation Loss of appetite
The severity of these symptoms can vary. Some may only experience mild irritation
while others can be incapacitated.
Scented products include both personal products, as well as non-personal
products.
Page 135 of 280
37
Personal Products
Hygiene: Products include, but are not limited to, cosmetics,
perfumes, colognes, after-shave and scented shaving creams,
deodorant, shampoo/conditions, hair spray, lotions and creams.
Non Hygiene: Products include, but are not limited to, scented
candles, potpourri and scented ornaments.
Non-Personal Products
Products with a distinct scent or fragrance and include scented
household/ industrial cleaning products, air fresheners, deodorizers,
building materials (e.g. paint) and some types of flowers.
All staff are asked to refrain from using, wearing, and bringing scented products
and materials into Town facilities.
Responsibilities
Senior Management/Managers/Supervisors
Support managers, employees, and Joint Health and Safety Committee in
implementing a scent-safe workplace.
Enforce compliance with maintaining a scent-safe environment.
Inform visitors of this policy before they visit any Town facility.
Ensure employees use scent-free products.
Ensure that materials and other resources required to maintain a scent-
safe environment are readily available (i.e., posted signs, promotional
materials, presentations, etc.).
Ensure that any products used for construction, maintenance, and
cleaning are scent-free, where possible.
Inform contractors of this policy before they visit any Town facility.
Notify appropriate personnel when work is to take place that may involve
the use of scented products, or products that contain an odor that may
affect the health of staff. Sufficient advance warning should be given to
allow employee accommodation to take place, if necessary.
Employees
Do not use or bring scented personal and/or non-personal products Town
facilities.
Participate in scent safety awareness, education, and training.
Report any unsafe conditions or acts to your manager/supervisor.
Page 136 of 280
38
Infractions
The following are examples of infractions of the code of conduct that may result in
disciplinary action, up to and including, termination of employment for cause. This
list is not meant to be all inclusive.
Falsification of timekeeping records
Subject to human rights considerations, possession,
distribution, sale or use of alcohol, marijuana or illegal drugs
in the work place
Fighting or threatening violence in the work place
Boisterous or disruptive activity in the workplace
Insubordination or other disrespectful conduct
Possession of dangerous or unauthorized materials
Subject to human rights considerations, excessive
absenteeism or tardiness or any absence without
authorization
Unsatisfactory performance or conduct
Subject to human rights considerations, unprofessional dress,
grooming, and personal cleanliness including inappropriate
display of a tattoo or piercing.
Compliance
Supervisors and managers shall ensure that employees are made aware of and
are in compliance with the terms of the code of conduct. Failure to comply with the
terms of this code of conduct may result in dismissal for cause or other disciplinary
action.
PRIVACY POLICY
The Town is dedicated to maintaining the highest standards of confidentiality with
respect to all employees’ personal information provided to us. We are committed
to ensuring that our handling of personal information is in compliance with
applicable privacy legislation.
What Is Personal Information? Canadian privacy legislation defines “Personal
Information” broadly as information about an identifiable individual or as
information that allows an individual to be identified. Personal Information includes
information such as address, gender, age, ID numbers, income, ethnic origin,
employee files, credit records or medical records. Generally speaking Personal
Information does not include what is considered business contact information: your
name, title or position, business address, business telephone or facsimile number,
or business email address.
Objectives of the Privacy Policy: the Town is responsible for Personal
Information it holds or has under its control, including Personal Information it
Page 137 of 280
39
passes on to others with your permission. We have designated a Privacy Officer
to ensure our compliance with legislation and this policy. Our Privacy Officer will
receive and respond to your inquiries and complaints regarding the protection and
privacy of your Personal Information, and deal with requests for access to your
information.
Purpose for the Collection of Personal Information: The purpose for which
Personal Information is collected by the Town is, in part, specified below:
to enrol the employee on the payroll system
to comply with requirements imposed by law
to comply with statutory obligations including tax withholdings and
remittances for Canada Pension Plan and Employment Insurance
Any change of purpose to any of the above will be communicated to you. Where
appropriate, Personal Information will be obtained directly from you. In the event
Personal Information is obtained from any other source, you will be notified or your
authorization will be obtained.
Consent to Collection, Use and Disclosure of Personal Information: BY
SUBMITTING PERSONAL INFORMATION TO the Town OR ITS SERVICE
PROVIDERS AND AGENTS, YOU AGREE THAT WE MAY COLLECT, USE AND
DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS
PRIVACY POLICY, BUSINESS INTERESTS AND AS PERMITTED OR
REQUIRED BY LAW. Subject to legal and contractual requirements, you may
refuse or withdraw your consent to certain of the identified purposes at any time
by contacting the Human Resources staff. If you refuse to consent or withdraw
your consent, we may not be able to provide you or continue to provide you with
certain employment benefits.
There are circumstances where collection, use or disclosure may be justified or
permitted, or where we are obliged to disclose personal information without your
consent. These circumstances could include, but are not limited to:
Where the information is publicly available
Where we are required to do so by law or by order of a court or tribunal
Where we believe, upon reasonable grounds, that there is an imminent risk
to an identifiable person or group of death or serious bodily harm
Where it is alleged that an employee, officer, agent or director of the Town
is guilty of a criminal offence, or is civilly liable in a legal action or guilty of
certain misconduct
In such circumstances, we will not collect, use or disclose more personal
information than is required.
Attached as Appendix C is the form of consent you will be requested to execute
Page 138 of 280
40
where applicable.
Third Parties: Third parties that receive personal information will be required to
confirm their commitment to the privacy policies set out herein.
Storage, Security and Protection of Personal Information: the Town
endeavours to maintain appropriate physical, procedural and technical security
over our offices and information storage facilities so as to prevent any unauthorized
access, disclosure, copying, use or modification of personal information. Your
personal information may be stored in secured physical locations and on computer
network servers controlled by the Town, located either at our offices or at the
offices of our service providers. To help protect the confidentiality of your personal
information, the Town employs physical, administrative and technological
safeguards appropriate to the sensitivity of your personal information. For
instance, we use secure computer data networks protected by industry standard
firewalls and password protection systems. In addition, where personal
information is sent to a third party for processing, we make sure, through our
arrangements with them, that all personal information is kept secure.
Retention of Personal Information: We will keep personal information only as
long as it is necessary. When the personal information is no longer required, it will
be destroyed to prevent unauthorized parties from gaining access to the
information.
Access and Accuracy: Upon receiving a written request, and subject to any
applicable exemptions, the Town will inform employees of the current version of
your personal information and will give you access to that information and the
opportunity to correct any errors in it. Access requests should be sent to our
Human Resources staff, using the contact information provided above.
Changes to the Privacy Policy: the Town reserves the right to modify or
supplement this Privacy Policy at any time. If changes are made to this Privacy
Policy, such changes shall be posted and, if requested, a physical copy will be
provided to employees.
Page 139 of 280
41
APPENDICES
Page 140 of 280
42
Appendix A – Personnel Policy Rates
Item Rate
Mileage Mileage will be reimbursed at the Canada Revenue
Agency’s automobile per-kilometre allowance rate
posted for the year.
Meal Per Diems Daily Maximum Reimbursement of up to $100/day
aligning with the Council Expense Policy.
An employee will only be reimbursed for each meal not
provided at the event based on submission of
conference or seminar details that indicate what meals
are provided at the event.
Receipts must be provided.
For international travel, the Treasury Board
Secretariat of Canada’s Meal Per Diem Rate is to be
used instead of the Town’s standard per diem rate.
On Call Compensation An on-call/stand-by rotational schedule will be
prepared by management and distributed to
participants.
On-call/stand-by employees assigned this
responsibility must be accessible via emergency
pager, cell phone, or smartphone.
On-call/stand-by employees are expected to respond
within a timeframe established by each department
and be able and fit to report to work if required.
Compensation for on-call/stand-by will be $16.00 for
each weeknight.
Each weekend day shall be paid at a rate of $60.00 for
each 24 hour period.
Page 141 of 280
43
When a Paid holiday occurs, such day will be paid at
the weekend rate of $60.00.
Maximum allowance for a week without a paid public
holiday is $200.
Page 142 of 280
44
Appendix B – Clothing Allowance Procedure
Definitions
T-Shirt – refers to either short sleeve or long sleeve t-shirt based on employee’s
preference; navy blue in colour, unless otherwise specified.
Work Pants – does not include jeans; three styles of work pants to choose from;
navy or khaki in colour, unless otherwise specified.
Sweatshirt – navy blue in colour, unless otherwise specified.
Annual Allowance
The number of articles of clothing is to be considered the maximum annual amount
required.
This allowance applies only to clothing required in order for an employee to
complete their daily tasks. This does not include any required uniforms or health
and safety equipment.
Procedure to Acquire
Managers will be able to supply employees with the approval and means to
purchase from the Town’s approved vendor for each article of clothing they require.
Employee must return the soiled or worn out article that they wish to replace to
their Manager/Supervisor.
CLOTHING ALLOWANCES BY POSITION
All reflective clothing is based on CSA Standard Z96-15
High-Visibility Safety Apparel (HVSA) Minimum level 3
Building
Chief Building Official, Deputy Chief Building Official, Property Standards &
By-Law Enforcement Officer, Building Inspector I
2 Pairs of work pants
4 Short sleeve T-Shirts
2 Long sleeve T-Shirts
Page 143 of 280
45
Recreation
Aquatics Supervisor, Aquatics Coordinator, Instructor/Lifeguards
1 Bathing Suit
2 Singlets
2 Long Sleeve Shirts
1 Hoodie
Per Ontario Public Pools Regulation the above clothing must be red in color and
labeled ‘Lifeguard’ for easy identification
Program Supervisor, Program Coordinator- Health Club & Active Living
Athletic Shoes
Parks & Facilities
Parks & Facilities Manager
1 Set of coveralls
Facilities Supervisor, Chief Operator, Facilities Operator II, Facility &
Ground Labourer, Custodial Services Lead Hand, Parks & Cemetery
Supervisor, Parks & Cemetery Operator (I & II)
4 Pairs of work pants
4 T-shirts
2 Sweatshirts
1 Toque
Hydro Operations
Manager of Hydro Operations & Design
1 Set of coveralls
Instrumentation Technologist
4 Pairs of work pants
4 T-shirts
2 Sweatshirts
Hydro Operations Technologist
2 Pairs of work pants
2 T-shirts
1 Sweatshirt
Water/Wastewater
Page 144 of 280
46
Manager of Water/Wastewater
1 Set of coveralls
Water Operators, Water Foreperson
4 Pairs of work pants
4 T-shirts
2 Sweatshirts
2 Pairs of work socks for winter work.
Engineering
Engineering Manager
1 Set of coveralls
Development & Design Technologist, Operations Technician, Asset
Management Technician
2 Pairs of work pants
2 T-shirts
1 Sweatshirt
Public Works
Manager of Public Works
1 Set of coveralls
Roads Foreperson/Heavy Equipment Operator
4 Pairs of work pants
4 T-shirts
2 Sweatshirts
Fleet Maintenance Foreperson, Fleet Technician Class S&T, Fleet
Technician Class S
4 Pairs of work pants
4 T-shirts
2 Sweatshirts
Page 145 of 280
47
Please remove the following pages, sign where indicated, and return to the
Manager of Human Resources. The original documents will be housed in
your employee file. You are welcome to retain a photocopy for your own
record.
Appendix C – Privacy Consent
I, __________________, by my signature below specifically consent to the
collection, use or disclosure of my Personal Information in accordance with the
Privacy Policy herein. Although I acknowledge I am being requested to provide
written consent in this situation, I understand and agree that there will be
circumstances where my express consent will be oral or my consent implied.
Dated this ________ day of _______________, 20__
Employee’s Name Printed_____________________________________
Employee’s Signature________________________________________
Page 146 of 280
48
Appendix D – Personnel Policy Acknowledgment
I, ____________________, certify that I have read the Personnel Policy and
understand all the policies and procedures set out in the Personnel Policy. I have
had a full and complete opportunity to ask questions and seek clarification.
I agree to abide by the policies and procedures contained in this Personnel Policy
and acknowledge that a failure to abide by these policies and procedures may
result in disciplinary action and/or dismissal.
Employee’s Name Printed_____________________________________
Employee’s Signature________________________________________
Date Signed________________________________________________
Page 147 of 280
Page 1 of 3
Subject: Management and Non Union Staff Market Compensation Review
Report Number: CAO 24-005
Department: Office of the CAO
Submitted by: Joanna Kurowski, Manager of Human Resources
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
A. THAT report titled “Management and Non Union Staff Market Compensation
Review” be received as information; and
B. THAT staff be directed to adopt the pay band based on the 65th percentile of
the defined pay market; and
C. THAT the Treasurer and Manager of Human Resources be directed to
implement the new pay band effective April 1, 2024.
BACKGROUND
In 2023 Town of Tillsonburg retained the Consultant to conduct a review of the current
compensation program. The first market compensation update report was provided to
Council on October 10, 2023, outlining the review process and the list of market
comparators.
The last compensation review at Town was completed in 2017 with a new salary grid
introduced in 2018 reflecting 55th percentile of the defined pay market. The existing
salary grid has been updated annually based on the economic adjustment.
DISCUSSION
In 2023, consulting services were retained for a Pay Equity and Market Compensation
Review. The Consultant introduced a new job evaluation system and produced the
framework to support equity, compliance and competitive salary network. Using custom
market study comprising of 11 comparator data, the Consultant evaluated all positions
and developed an updated pay grid, using competitive pay market data and applying
internal equity and pay equity compliance for all positions.
The Consultant developed market statistics based on job matches taking into
consideration job title, job information, comparator organizational charts and 2023
Page 148 of 280
CAO 24-005
Page 2 of 3
hourly and annual job rates. Market statistics based on 3 or more matches were then
calculated using various percentile targets.
Percentile targets help define the relative pay placement to the defined pay market. The
market review indicated that on aggregate, the Town’s positions were below all
percentile targets with some positions paying below typical salary.
The Town currently uses 55th percentile and the review indicated that approximately
50% of the positions are below current target. Approximately 65% of the positions are
below the 65th percentile target.
Based on the market review, the Consultant recommended the 65th percentile as the
data from the comparator group best relates to Town of Tillsonburg positions.
Staff reviewed the Consultant’s data and concurred with their recommendations.
Staff recommend April 1, 2024 as the implementation date. The cost of the
implementation is within the budgeted amount assigned for this project.
Historically, mass compensation adjustments, such as market review and economic
adjustment, were completed on April 1. Staff considered moving the date to January 1,
however; for 2024 it would negatively impact the budgeted funds.
Having a fair and competitive compensation enables the Town to attract and retain the
top talent. Regular compensation reviews also ensure that the Town meets the legal
requirements for pay equity compliance.
Staff recommend that the Town conducts timely market compensation reviews with 3-4
years intervals to ensure the Town stays competitive and is considered an employer of
choice.
CONSULTATION
Consultant Marianne Love
FINANCIAL IMPACT/FUNDING SOURCE
$300,000 was budgeted for implementation of the pay equity and compensation review.
The implementation is calculated at $304,601, but with gapping/position vacancies, the
project will stay within the budgeted amount.
Page 149 of 280
CAO 24-005
Page 3 of 3
CORPORATE GOALS
☐ 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 – Position Tillsonburg as a leader in the municipal sector.
Priority Project – N/A
ATTACHMENTS
Appendix A – Market Compensation Update Council Report October 10 2024
Appendix B – Market Salary Review Implementation Scenarios
Page 150 of 280
Page 1 of 5
Subject: Market Compensation Review Update
Report Number: CAO 23-20
Department: Office of the CAO
Submitted by: Joanna Kurowski, Human Resources Manager
Meeting Type: Council Meeting
Meeting Date: Tuesday, October 10, 2023
RECOMMENDATION
THAT report titled “Market Compensation Review Update” be received as information;
and
A. THAT the Council approves the list of comparators selected for the market
compensation review and directs staff to proceed with the review.
BACKGROUND
In May 2023 the Town of Tillsonburg staff engaged ML Consulting Services to conduct
a market compensation review for all current staff positions. Market compensation
review is an important step to ensure the Town follows Pay Equity laws, provides equal
wage opportunities for all employees and attracts and retains skilled and talented
workforce. The Town’s last Pay Equity and review was conducted in 2019.
DISCUSSION
The review process includes the following stages:
Review and update of the current job descriptions
Selection of market comparators
Review and comparison of the job descriptions against market comparators
Review of the recommendations
Approval and implementation of recommendations
The Town staff identified a total of 84 positions for the evaluations. The number of
positions is lower than the total number of staff due to positions that have multiple
employees performing the same role, for example: the position of a Customer Service
Representative has three (3) employees performing that job. All job descriptions have
been submitted to the consultant for evaluation.
Page 151 of 280
Choose an item. Click or tap here to enter text.
Page 2 of 5
The recommended market comparators were selected to ensure that the evaluation is
fair and comparable to the current job market. The consultant together with staff
reviewed and recommended comparators best matching the Town’s current positions.
Market Comparators
When selecting the market comparators, the staff and the consultant took into
consideration a municipality’s population, services offered and the proximity to the Town
of Tillsonburg, along with other factors, as noted below:
Size of the comparator – similar size of the comparator has impact on the job design
and number of positions that comparator holds.
Geographic location – the selected comparators range between 20 – 200 kms distance
from Tillsonburg. This represents the talent catchment area, and is taken into
consideration as a number of current Town’s staff commute from different municipalities
within that range.
Number of current staff/organizational design – allocation of responsibilities and the
number of staff.
Matching job descriptions – to ensure a fair evaluations, job descriptions from
comparators should have the same or very similar levels of responsibilities.
Impact of comparators on the Town’s staff retention – it is no secret that employees
leave when tempted with higher pay and better benefits. Other reasons for employee
departure include closer distance to work, hybrid model/working from home or shorter
work week (many municipalities have a standard 35 hours week).
Page 152 of 280
Choose an item. Click or tap here to enter text.
Page 3 of 5
Based on these factors, the following comparators are recommended:
The above comparators apply to non-unionized positions only.
There are seven (7) hydro unionized positions:
Lineperson Hydro
Operations Coordinator Hydro
Operations Regulatory Affairs
Officer Hydro
Operations Technologist Hydro
Instrumentation Technologist Hydro
Distribution Foreperson Hydro
Customer Service Technician Hydro
In addition, there are two (2) non-unionized hydro management positions:
General Manager
Manager of Operations and Design
The Hydro positions are not part of the above comparators as hydro services are
typically not apart of municipal operations and wage information for these positions is
not available through municipal data. The most recent Pay Equity and wage review
conducted in 2019 did not include review of hydro positions. This review, staff did
request the comparable data for the unionized positions as this information will be
helpful with the upcoming negotiations estimated to take place in the first quarter of
2024.
Municipality Type
2021
Population
Distance
from
Tillsonburg
City of Stratford Single-tier 33,232 65
City of Woodstock Lower-tier 46,705 37
Municipality of Central Elgin Lower-tier 13,746 47
Municipality of Leamington Lower-tier 29,680 218
Municipality of Middlesex Centre Lower-tier 18,928 77
Municipality of North Perth Lower-tier 15,538 120
Municipality of Strathroy-Caradoc Lower-tier 23,871 96
Norfolk County Single-tier 67,490 38
Oxford County Upper Tier 121,781 37
Town of Ingersoll Lower-tier 13,693 25
Town of Kingsville Lower-tier 22,119 228
Town of Tillsonburg Lower-tier 18,047 -
Page 153 of 280
Choose an item. Click or tap here to enter text.
Page 4 of 5
The comparable information for Hydro positions will be addressed in a future report.
Next Steps
Upon acceptance of the comparators, the Town staff will meet with the consultant to
review the market summary job matches and recommendations. The market summary
will then be prepared using pay data from the comparators and a comprehensive,
position-based update will be provided.
CONSULTATION
CAO, ML Consulting.
FINANCIAL IMPACT/FUNDING SOURCE
The anticipated financial impact will be identified upon further review of market
summary data once the market comparators are approved.
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 – Strive for excellence and accountability in government, providing effective and
efficient services, information, and opportunities to shape municipal initiatives.
Strategic Direction – Enhance employee engagement and position Tillsonburg as a
leader in the municipal sector.
Priority Project – Immediate Term – Employee Engagement Strategy.
ATTACHMENTS
Appendix A – n/a
Page 154 of 280
Choose an item. Click or tap here to enter text.
Page 5 of 5
Page 155 of 280
Market Salary Review Implementation Scenarios
Item 1-Jan 1-Mar 1-Apr 1-Jan 1-Mar 1-Apr 1-Jan 1-Mar 1-Apr
Market Adjustment 287,227$ 240,013$ 215,615$ 291,339$ 243,445$ 218,707$ 357,426$ 298,670$ 268,312$
COLA 19,769$ 13,810$ 11,142$ 19,994$ 13,967$ 11,268$ 23,591$ 16,479$ 13,303$
OH 35,001$ 24,914$ 19,880$ 35,555$ 25,367$ 20,278$ 39,347$ 28,439$ 22,986$
Total MSR cost 341,997$ 278,737$ 246,637$ 346,888$ 282,779$ 250,253$ 420,364$ 343,588$ 304,601$
Cost to adjust COLA effective date
127,369$ 43,390$ -$ 127,369$ 43,390$ -$ 127,369$ 43,390$ -$
GRAND TOTAL 469,366$ 322,127$ 246,637$ 474,257$ 326,169$ 250,253$ 547,733$ 386,978$ 304,601$
55th Percentile 60th Percentile 65th Percentile
Page 156 of 280
Page 1 of 2
Subject: BIA Appointments
Report Number: CS 2024-019
Department: Corporate Services Department
Submitted by: Julie Ellis, Deputy Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
THAT the report titled CS 2024-019 “BIA Appointments” be received as information;
AND THAT Carl Heuntinck, Holly Vallee and Allison Biggar be appointed as directors to
the Tillsonburg Downtown Business Improvement Area (BIA); and
THAT a By-Law be brought forward brought forward to amend By-Law 2023-017.
BACKGROUND
The Tillsonburg Downtown Business Improvement Area (BIA) Board of Directors saw
three resignations this year. As such, the BIA Board of Directors passed the following
resolution to appoint members to the Board at their January 24th, 2024 Board Meeting:
Moved by: E. Odorjan
Seconded by: M. Tedesco
THAT the Board of Management recommends to the Town of Tillsonburg that the
following individuals be appointed to the board of the Downtown Tillsonburg BIA:
Carl Heutinck – Boston Pizza, Tillsonburg
Holly Vallee – Nova Mutual Insurance Company, Tillsonburg
Allison Biggar – Thompson-Goossens Accountants LLP, Tillsonburg
Note: The individuals above will serve the remainder of this term of council or
until their successors are appointed.
DISCUSSION
CONSULTATION
Page 157 of 280
CS 2024-019 BIA Appointments
Page 2 of 2
Mark Renaud, BIA Executive Director
FINANCIAL IMPACT/FUNDING SOURCE
N/A
CORPORATE GOALS
☐ 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 – N/A
ATTACHMENTS
Appendix A – Decision Letter – Recommendation to the Council of the Town of
Tillsonburg to Appoint Members to the Board of the DTBIA
Page 158 of 280
Page 1 of 7
Subject: Highway 3 Land Acquisition – Share Purchase Agreement and Offer to
Purchase
Report Number: EDM 24-004
Department: Economic Development Department
Submitted by: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
A. THAT report titled EDM 24-004 Highway 3 Land Acquisition – Share Purchase
Agreement and Offer to Purchase be received;
B. THAT the Share Purchase Agreement with Redling Farms Ltd be approved and
the Mayor and Clerk be authorized to execute all documents required to effect
the acquisition of this corporation;
C. That the Offer to Purchaser from Edwin McLaughlin Holdings (2014) Inc, as co-
purchaser, be approved as revised to reflect an additional upset limit, and the
Mayor and Clerk be authorized to execute all documents required to effect the
transfer of a portion of these lands; and,
D. THAT By-laws to enter into a Share Purchase Agreement with Redling Farms Ltd
and to effect the Offer to Purchaser from Edwin McLaughlin Holdings (2014) Inc,
as well as authorizing the Mayor and Clerk to execute any associated documents
for said transactions be presented to Council for consideration.
BACKGROUND
The servicing for Phase 1 of the Van Norman Innovation Park was completed as of
September 2021 with conditional deals in place for all of the available lands within nine
months of servicing the lands! With the sell-out of Phase 1, the Town has no
municipally owned and serviced industrial lands.
Tthe Town acquired the 1101 Highway 3 property in 2020 for the purpose of expanding
the Van Norman Innovation Park; however, it is also necessary to acquire the Redling
Farms Ltd property in order to extend the services from Phase 1 through this property to
the 1101 Highway 3 property (see below map).
The acquisition of these lands has been a longstanding goal of the Town dating back to
the 1980s; however, upon initiating negotiations it was determined that the seller would
Page 159 of 280
EDM 24-004
Page 2 of 7
only consider the sale of the lands through the purchase of the Redling Farms Ltd
corporation. This was an unexpected complication and required significant legal and
financial review. Those considerations have been addressed and the seller has signed
the Share Purchase Agreement.
In addition to the Town’s interest in the lands, the neighbouring property owner had
expressed interest in acquiring the ravine lands and approximately 18 acres of
developable lands adjacent to their 1701 Highway 3 property, which they purchased
from the Town in 2020. In that regard, they had several conversations with the property
owner to acquire these lands, but, at the Town's request, agreed to work together with
the Town to acquire these lands. Hence, they have submitted an Offer to Purchase for
these lands and have requested that it be considered as part of the overall transaction
with Redling Farms. One of the key benefits of this is the additional funds the Town will
receive upfront, which will help to offset the land acquisition costs.
The Development Commissioner is seeking approval from Council to enter into a Share
Purchase Agreement with Redling Farms Ltd in order to enable the acquisition of these
lands with the goal of expanding the Van Norman Innovation Park, and, by so doing,
enable the sale and development of these lands, thereby enabling new investment, jobs
and taxable assessment for the Town. Further, approval for the sale and transfer of
approximately 18 acres of Developable Lands and approximately 70 acres of Ravine
lands to Edwin McLaughlin Holdings (2014) Inc is being sought.
Page 160 of 280
EDM 24-004
Page 3 of 7
Highway 3 Industrial Lands – VIP Phase 1, Subject Property (Redling Farms
Limited and 2020 Land Acquisition
DISCUSSION
The Redling Farms Ltd lands are located on the South side of Highway 3 between
Phase 1 of the Van Norman Innovation Park and the 1101 Highway 3 property acquired
in 2020. The property is approximately 140 acres in size with estimated developable
lands of 70 acres and the remaining lands being ravine/creek lands.
This property is quite desirable as it is a more rectangular in shape than the 1101
Highway 3 property acquired by the Town in 2020 and is more suitable for larger user.
In addition to this, access and servicing for the lands within this parcel that front on
Innovation Way has been confirmed to have been included in Phase 1.
Page 161 of 280
EDM 24-004
Page 4 of 7
Subject Property (Developable Portion) – Redling Farms Limited (2601 Highway 3)
A conceptual development plan has been prepared for these properties and it is the
Development Commissioner’s intention move forward with the planning and
development approvals for these lands with the goal of servicing them and bringing
them to market, including consideration of pre-sales, as soon as possible. A Request
for Proposal process to retain a suitable engineering consultant has been released with
a closing date in February 2024.
With respect to the lands that are subject to the Offer to Purchase from McLaughlin, it is
their intent to sell and develop these lots once the Town has provided municipal
services to them and they have paid an additional amount to the Town for the servicing
costs. Essentially, they would be acquiring the lands initially at the same cost as the
Town for the un-serviced, but developable lands, but then they would pay a servicing
cost top-up upon notification from the Town (as provided in the Offer to Purchase) along
with any incremental planning approval fees that may be required. An additional
servicing top-up amount of $15,000/acre has also been negotiated as an amendment to
the Agreement of Purchase and Sale and would be requested should servicing costs
exceed the Servicing Top-up amount.
As part of the negotiations, the Northern portion of the existing laneway access for the
1701 Highway 3 (McLaughlin) property would be retained by them even after the
Industrial Service Road is constructed. The 2020 transaction contemplated this portion
of the laneway lands reverting to the Town; but there is no anticipated need for their use
Page 162 of 280
EDM 24-004
Page 5 of 7
by the Town. Regardless, an easement on the laneway lands will be retained by the
Town should a future access/servicing need be required.
Essentially, the town is pre-selling these lands at a serviced land value along with an
additional buffer should servicing costs be higher than anticipated. The revenues
received will help offset the acquisition costs, while generating interest revenue or lower
borrowing costs for the Town.
Based on (1) the limited industrial lands available in the Town, (2) the strong demand
for industrial lands, not only in Tillsonburg but throughout Canada, and (3) the Town’s
need to acquire these lands to service the 1101 Highway 3 lands acquired by the Town
in 2020, the Development Commissioner is recommending that Town Council proceed
with the purchase of the Redling Farms Ltd corporation.
Further, the Development Commissioner is also recommending that Town Council
approve the Offer to Purchase, as amended, from Edwin McLaughlin Holdings (2014)
Inc, to assist in funding the land acquisition and servicing and to support the continued
growth and expansion of the Tillsonburg economy.
A number of other parties have expressed interest in these lands and it is the
Development Commissioner’s intent to bring forward potential transactions, where
feasible, to Council for consideration at an upcoming meeting.
CONSULTATION
In order to proceed with a Share Purchase Agreement, the Town obtained the following
advice:
Advice from the Town’s Auditor, Millard’s Charted Professional Accountants;
Advice from the Town’s solicitor, Duncan, Linton LLP, as to the legal implications
of acquiring a corporation. Duncan, Linton also prepared the Share Purchase
Agreement and Offer to Purchase documents and assisted with the negotiation
of the agreements.
The Director of Finance and the Finance team have been consulted with respect to the
draft 2024 Economic Development & Marketing Capital Budget, which includes the
costs and revenues associated with these transactions.
The Director of Operations and Development is actively involved in the development of
the Conceptual Plans, including participation in the regular project management
Page 163 of 280
EDM 24-004
Page 6 of 7
meetings, and will continue to be involved in the ongoing Project Management and
Detailed Design of Phase 2 of the Van Norman Innovation Park.
FINANCIAL IMPACT/FUNDING SOURCE
The Town’s Engineering Department prepared a preliminary Servicing Review for both
the 1101 Highway 3 property acquired by the Town and the Redling Farms lands. The
estimated costs to service both of these properties as well as the associated land sale
revenues have been included in the draft 2024 Economic Development & Market
Capital Budget (see Tab 8 of the Budget Binder, 10 Year Continuity Schedule on Page
214).
The initial acquisition costs are anticipated to be offset by land sales as follows:
Land Acquisition Cost (Purchase of Redling Farms
corporation)
$4,200,000
Revenues:
Initial Land Sale Revenue-McLaughlin Holdings
Potential Sale of Additional 15 Acres*
($1,080,000)
($1,000,000)
Net INITIAL Cost of Land Acquisition to Town**,
interim financing through debt
$2,120,000
*Draft 2024 Budget contemplates additional land sale revenues in 2025, but potential to
secure some of these funds in 2024.
**This is a Net INITIAL cost to the Town with the remaining costs anticipated to be
covered by additional sales related to the remaining Redling Farms lands. These future
land sale revenues are also anticipated to cover the servicing and closing costs.
The draft 2024 Economic Development & Market Capital Budget also anticipates the
requirement for temporary Construction Financing for this and other EcDev projects of
approximately $6 Million in 2024, which will be recovered through future land sale
revenues.
Overall, considering estimated acquisition, servicing, and closing costs, the 10 Year
Capital budget anticipates $17.2 Million in expenditures offset by $17.6 Million in
revenue (based on a conservative price/acre land sale revenue).
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
Page 164 of 280
EDM 24-004
Page 7 of 7
☐ Lifestyle and amenities
☐ Customer service, communication and engagement
☒ Business attraction, retention and expansion
☐ Community growth
☐ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Through community and regional partnerships, Tillsonburg will attract and retain
a diverse range of businesses, creating employment opportunities for residents and a
balanced tax base.
Strategic Direction – Ensure adequate supply of “shovel ready” land for business
attraction and expansion
Priority Project – Short Term - Build out of new industrial land purchase
ATTACHMENTS
Appendix A – Share Purchase Agreement with Redling Farms Ltd
Appendix B – Agreement of Purchase and Sale – Edwin McLaughlin (2014) Holdings
Inc
Page 165 of 280
Page 166 of 280
Page 167 of 280
Page 168 of 280
Page 169 of 280
Page 170 of 280
Page 171 of 280
Page 172 of 280
Page 173 of 280
Page 174 of 280
Page 175 of 280
Page 176 of 280
Page 177 of 280
Page 178 of 280
Page 179 of 280
Page 180 of 280
Page 181 of 280
Page 182 of 280
Page 183 of 280
Page 184 of 280
Page 185 of 280
Page 186 of 280
Page 187 of 280
Page 188 of 280
Page 189 of 280
Page 190 of 280
Page 191 of 280
Page 192 of 280
Page 193 of 280
Page 194 of 280
Page 195 of 280
Page 196 of 280
Page 197 of 280
Page 198 of 280
Page 199 of 280
Page 200 of 280
Page 201 of 280
Page 202 of 280
Page 203 of 280
AGREEMENT OF PURCHASE AND SALE
This Agreement of Purchase and Sale made the 10th day of January 2024.
B E T W E E N:
THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Vendor”)
OF THE FIRST PART
- and -
EDWIN McLAUGHLIN HOLDINGS (2014) INC.
(the “Purchaser”)
OF THE SECOND PART
WHEREAS:
A. Redling Farms Limited is the registered owner, in fee simple, of the lands and premises described in Schedules “A” and “B” attached hereto (collectively, the “Property”);
B. the Vendor intends to acquire title to the Property from Redling Farms Limited; and,
C. the Purchaser wishes to purchase from the Vendor and the Vendor wishes to sell to
the Purchaser the Property on the terms and conditions set out in this Agreement, in
the event that the Vendor acquires title to the Property;
NOW THEREFORE, in consideration of the mutual covenants and premises hereinafter
set forth and for other valuable consideration, the receipt and sufficiency of which is hereby
irrevocably acknowledged, the Vendor and the Purchaser hereby agree as follows:
1. Defined Terms. In this Agreement and in the Schedules attached hereto, and in any
supplemental or amending agreement, unless otherwise stated, the following
capitalized terms shall have the meaning prescribed for each:
(a) “Agreement” means the within Agreement of Purchase and Sale and the
Schedules appended thereto, as amended, amended and restated, renewed,
extended, supplemented, replaced or otherwise modified from time to time;
(b) “Business Day” means any day that is not a Saturday, Sunday or statutory
holiday in the Province of Ontario;
(c) “Closing Date” means the first (1st) Business Day that is at least thirty (30) days
following deposit of the Reference Plan against title to the Property, but, in any
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 204 of 280
- 2 -
event, shall be no later than the tenth (10th) anniversary of the date of this
Agreement as first written above;
(d) “Developable Lands” means that part of the Property described in Schedule
“A” attached hereto, comprising approximately 18 acres, more or less;
(e) “ETA” means the Excise Tax Act, R.S.C. 1985, c. E-15, as amended from time
to time;
(f) “HST” means the applicable Harmonized Sales Tax in accordance with the
ETA or other applicable legislation governing same payable with respect to the
purchase of the Property;
(g) “Irrevocable Date” means 6:00 p.m. Eastern Time on February 29, 2024;
(h) “Parties” means the Vendor and the Purchaser, and “Party” means one of
them, as required by context;
(i) “Property” means the Developable Lands and the Ravine Lands;
(j) “Purchase Price” has the meaning ascribed to it in Section 3 of this
Agreement;
(k) “Purchaser” means the purchaser named in the recitals of this Agreement and
includes “buyer”;
(l) “Ravine Lands” means that part of the Property described in Schedule “B”,
comprising approximately 70 acres, more or less;
(m) “Reference Plan” has the meaning ascribed to it in Section 9 of this
Agreement;
(n) “Requisite Deliveries” has the meaning ascribed to it in Section 20 of this
Agreement;
(o) “Requisition Date” means 6:00 p.m. Eastern Time on the fourteenth (14th)
day prior to the Closing Date;
(p) “Services” means electricity, water, sewer and municipal road access, but does
not include connection to any improvements on the Property;
(q) “Servicing Notice” means written notice by the Vendor that the installation of the Services to the Developable Lands has been substantially performed; and,
(r) “Vendor” means the vendor named in the recitals of this Agreement and
includes “seller”.
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 205 of 280
- 3 -
2. Purchase and Sale. The Vendor agrees to sell, and the Purchaser agrees to purchase,
all of the Vendor’s right, title, estate and interest in and to the Property, together with
all fixtures, buildings, structures and improvements now or hereafter located thereon
and together with all easements, rights-of-way, privileges and appurtenances attaching thereto and enuring to the benefit thereof, on the terms and conditions contained in
this Agreement.
3. Purchase Price. The purchase price for the Property shall be calculated at the rate of
Sixty Thousand Dollars ($60,000) of lawful money of Canada per acre of the
Developable Lands (the “Purchase Price”). The area of the Developable Lands shall
be determined by the Vendor’s Ontario Land Surveyor, which determination shall be
final and binding upon the Parties and rounded to the nearest ten thousandth decimal
place.
4. Payment of the Purchase Price. The Purchase Price shall be paid by the Purchaser
as follows:
(a) within ten (10) Business Days following acceptance of this Agreement, the
Purchaser shall deliver a deposit in the amount of Two Hundred Thousand
Dollars ($200,000.00) of lawful money of Canada in the form of a certified
cheque, bank draft or wire using the “Lynx High Value Payment System” and
made payable to the Town of Tillsonburg, which deposit shall be held in trust
pending completion or other termination of this Agreement; and,
(b) the Purchaser shall deliver the balance of the Purchase Price, subject to
adjustments, in the form of a certified cheque, bank draft or wire using the
“Lynx High Value Payment System” drawn on a lawyer’s trust account and
made payable to the Vendor’s lawyers on the Closing Date.
5. Harmonized Sales Tax. If the sale of the Property is subject to HST under the ETA,
then such HST shall be in addition to the Purchase Price. If the sale of the Property is
not subject to HST, the Vendor shall certify on or before the Closing Date that the sale
of the Property is not subject to HST. The Vendor shall not collect any HST payable on this transaction if, on or before the Closing Date and the Subsequent Closing Date
the Purchaser delivers a certificate confirming that:
(a) it is registered for the purpose of HST and specifying its HST registration
number;
(b) it will self-assess for the HST on its GST/HST return or file the prescribed
form pursuant to subsection 228(4) of the ETA in connection with the purchase
of the Property;
(c) it is purchasing the Property for its own account and is not purchasing the Property as agent, trustee or otherwise on behalf of or for another person, and
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 206 of 280
- 4 -
does not constitute a supply of a residential complex made to an individual for
the purpose of paragraph 221(2)(b) of the ETA; and,
(d) it will indemnify and save harmless the Vendor from any HST payable on this
transaction and any penalty or interest relating thereto.
6. Adjustments. Any rents, realty taxes, local improvement rates, unmetered public or
private utility charges, unmetered cost of fuel and any other items which are usually
adjusted for according to the usual practice for commercial transactions in the vicinity
of the Property shall be apportioned and allowed to the Closing Date, the Closing Date
itself to be apportioned to the Purchaser.
7. Irrevocable Date. This offer shall be irrevocable by the Purchaser until the
Irrevocable Date, after which time, if not accepted, this offer shall be null and void and
any deposit paid by the Purchaser shall be returned to the Purchaser in full without interest or deduction.
8. Conditions. This Agreement is subject to the conditions set forth in Schedule “C”
attached hereto.
9. Reference Plan. The Purchaser and the Vendor acknowledge and agree that a survey
of the Property will be required and a reference plan deposited against title to the
Property to provide a registrable description of the Property and any easements
contemplated by this Agreement (the “Reference Plan”). The Reference Plan shall be
prepared by the Vendor’s Ontario Land Surveyor, at the Vendor’s cost.
10. Site Servicing. On or before the Closing Date, the Vendor and the Purchaser shall
enter into a cost sharing agreement (the delivery of which shall be a condition to Parties’
obligation to complete this transaction) in the form prepared by the Vendor’s lawyers
and satisfactory to the Parties and their respective lawyers, acting reasonably, which
agreement shall include the following provisions:
(a) the Vendor will take all reasonable steps to install the Services to the
Developable Lands to the satisfaction of the Vendor (in its capacity as a
municipality) and the County of Oxford within ten (10) years following the Closing Date;
(b) within thirty (30) days of substantial performance of the installation of the
Services to the Developable Lands, the Vendor shall deliver the Servicing
Notice to the Purchaser; and,
(c) the Purchaser shall pay Sixty-Five Thousand Dollars ($65,000.00) per acre of
the Developable Lands (the area of which will be determined in accordance with
Section 3 of this Agreement) within thirty (30) days of receipt of the Servicing
Notice from the Vendor.
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 207 of 280
- 5 -
11. Rezoning. Within a reasonable time after the Closing Date, the Vendor shall take all
reasonable steps required to:
(a) make application to have the Developable Lands rezoned to Restricted
Industrial (MR) with a special use provision for residential use under the Town of Tillsonburg Zoning By-Law No. 3295; and,
(b) make application to obtain draft plan approval for a plan of subdivision
comprising the Developable Lands and the lands adjoining the Developable
Lands owned by the Vendor.
The rezoning and draft plan applications shall be at the Vendor’s sole expense;
provided, however, that the costs of any studies or reports specific to the Developable
Lands in support of these applications shall be at the Purchaser’s sole expense.
Nothing in this Agreement shall operate or be interpreted to bind the exercise of judgment or discretion of the Vendor’s Council or any other employee or official of
the Vendor, or of the County of Oxford, with respect to processing the Vendor’s
rezoning and draft plan applications. The Purchaser agrees, from time to time and at
any time hereafter to do, execute, acknowledge and deliver all such further acts, deeds,
assurances or instruments as may be reasonably necessary or desirable for the carrying
out and performance of the Vendor’s obligations under this Section. This Section shall
survive the Closing Date.
12. Closing. The completion of this transaction shall take place on the Closing Date, or such other date as mutually agreed upon between the Purchaser and the Vendor, at
which time possession of the Property in “as is, where is” condition shall be given to
the Purchaser.
13. “As Is” Condition. The Purchaser acknowledges that, except as otherwise expressly
provided for in this Agreement, the Property is being purchased on an “as is, where is”
basis and that it has satisfied itself before making this offer as to all matters regarding
the Property, including, without limiting the generality of the foregoing, physical
conditions, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed and the availability of
municipal services and utilities necessary for the Purchaser’s proposed use of the
Property. The Purchaser acknowledges that the Vendor shall not be responsible for
any physical deficiencies of the Property or for any past, present or future
environmental liabilities and hereby waives any claims against the Vendor in respect of
any environmental liabilities associated with the Property. The Purchaser shall sign a
release and indemnity in favour of the Vendor on or before the Closing Date with
respect to the matters set out in this Section.
14. Transfer/Deed. The Vendor agrees to transfer or deed the Property to the Purchaser
on the Closing Date. The transfer or deed shall be prepared at the expense of the
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 208 of 280
- 6 -
Vendor in a form acceptable to the solicitors for the Purchaser and the Purchaser shall
pay all Land Transfer Tax and costs associated with its registration.
15. Title Search. The Purchaser shall be allowed until the Requisition Date to examine
the title to the Property at the Purchaser’s own expense. Provided that the title to the Property is good and free from all registered restrictions, charges, liens and
encumbrances except as otherwise specifically provided in this Agreement and save
and except for:
(a) any registered restrictions or covenants that run with the Property providing
that such are complied with (including any building scheme which may be
registered by the Vendor after acceptance of this Agreement in a form mutually
agreeable to the Parties, acting reasonably);
(b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been
posted to ensure compliance and completion, as evidenced by a letter from the
relevant municipality or regulated utility;
(c) any minor easements for the supply of domestic utility or telecommunication
services to the Property or adjacent properties; and,
(d) any easements (including easements to be reserved in favour of the Vendor) for
drainage, storm or sanitary sewers, public utility lines, telecommunication lines,
cable television lines or other services which do not materially affect the use of the Property.
If before the Requisition Date any valid objection to title or to any outstanding work
order or deficiency notice or that any building situate on the Property may not be
insured against risk of fire is made in writing to the Vendor and which the Vendor is
unable or unwilling to remove, remedy or satisfy or obtain title insurance (save and
except risk of fire) in favour of the Purchaser and any mortgagee (with all related costs
at the expense of the Vendor), and which the Purchaser will not waive, this Agreement
notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction
and the Vendor shall not be liable for any costs or damages. Save as to any valid
objection so made by such day and except for any objection going to the root of the
title, the Purchaser shall be conclusively deemed to have accepted the Vendor’s title to
the Property.
16. Discharge of Existing Charges/Mortgages. The Purchaser shall not call for the
production of any title deed, abstract, survey or other evidence of the title to the
Property except such as are in the possession and control of the Vendor. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and
Loan Companies Act, S.C. 1991, c. 45, as amended, chartered bank, trust company, credit
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 209 of 280
- 7 -
union, caisse populaire or insurance company and which is not to be assumed by the
Purchaser on the completion of this transaction is not available in registrable form on
the Closing Date, the Purchaser agrees to accept the Vendor’s lawyer’s personal
undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time
after the Closing Date, provided that the Vendor shall provide to the Purchaser a
mortgage statement prepared by the chargee or mortgagee setting out the balance
required to obtain the discharge.
17. Future Use. The Parties agree that there is no representation or warranty of any kind
that the future intended use of the Property by the Purchaser is or will be lawful except
as may be specifically provided for in this Agreement.
18. Planning Act. This Agreement shall be effective to create an interest in the Property only if the Vendor complies with the subdivision control provisions of the Planning Act,
R.S.O. 1990, c. P.3, as amended from time to time, by the Closing Date.
19. Residency. The Vendor shall deliver to the Purchaser a statutory declaration by an
officer of the Vendor wherein the officer declares that, as of the Closing Date, that the
Vendor is not a non-resident of Canada within the meaning of section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.), as amended from time to time, failing which, the
Purchaser will be credited against the Purchase Price with the amount necessary to pay
to the Minister of National Revenue to satisfy the Purchaser’s liability under the said legislation for tax payable on this transaction.
20. Closing Arrangements. The Parties acknowledge and agree that the exchange of
closing funds, non-registrable documents and other items (collectively, the “Requisite
Deliveries”) and the release thereof to the Vendor and the Purchaser, respectively,
will:
(a) not occur at the same time as the registration of the transfers or deeds (and any
other documents intended to be registered in connection with the Closing
Date); and,
(b) be subject to conditions whereby the lawyers receiving any of the Requisite
Deliveries will be required to hold same in trust and not release same except in
accordance with the terms of a document registration agreement between the
said lawyers.
The Parties hereby irrevocably instruct the said lawyers to be bound by the document
registration agreement which is recommended from time to time by the Law Society
of Ontario.
21. Deliveries by the Vendor. The Vendor agrees to deliver to the Purchaser on or before the Closing Date the following:
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 210 of 280
- 8 -
(a) deposit instructions or wire particulars for the Vendor’s lawyers’ trust account
and a signed direction permitting payment of the balance of the Purchase Price,
thereto;
(b) a registrable conveyance of the Property;
(c) a statement of adjustments;
(d) an undertaking by the Vendor to readjust any errors or omissions from the
statement of adjustments;
(e) if applicable, the certificate regarding HST contemplated in Section 5 of this
Agreement;
(f) the cost sharing agreement contemplated in Section 10 of this Agreement;
(g) the statutory declaration regarding residency contemplated in Section 19 of this
Agreement; and,
(h) such other documents as may reasonably be required by the Purchaser and are
customarily utilized for purchase and sale transactions involving similar
commercial property in the vicinity of the Property.
22. Deliveries by the Purchaser. The Purchaser agrees to deliver to the Vendor on or
before the Closing Date the following:
(a) the balance of the Purchase Price payable pursuant to this Agreement;
(b) an undertaking by the Purchaser to readjust any errors or omissions from the
statement of adjustments;
(c) if applicable, the certificate regarding HST contemplated in Section 5 of this
Agreement;
(d) the cost sharing agreement contemplated in Section 10 of this Agreement;
(e) the release and indemnity contemplated in Section 13 of this Agreement;
(f) a signed direction identifying the name in which to engross the transfer or deed;
and,
(g) such other documents as may reasonably be required by the Vendor and are
customarily utilized for purchase and sale transactions involving similar commercial property in the vicinity of the Property.
23. Real Estate Commission. The Parties each represent and warrant to the other that
neither has engaged any real estate agent or broker in connection with this transaction
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 211 of 280
- 9 -
and, accordingly, no commissions are payable to any real estate agents or brokers. This
representation and warranty shall survive and not merge on the completion of this
transaction.
24. Time. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged
by an agreement in writing signed by the Vendor and the Purchaser or by their
respective lawyers who may be specifically authorized in that regard.
25. Time and Date. Any reference to a time and date in this Agreement shall mean the
time and date where the Property is located.
26. Entire Agreement. This Agreement, including any Schedule attached hereto, shall
constitute the entire Agreement between the Vendor and the Purchaser. There is no
representation, warranty, collateral agreement or condition which affects this Agreement other than as expressed herein.
27. Interpretation. This Agreement shall be read with all changes of gender or number
required by the context. The division of this Agreement into sections and the insertion
of headings are of convenience of reference only and do not affect the constitution or
interpretation hereof.
28. Recitals. The Parties acknowledge and declare that the recitals constitute part of this
Agreement and are true in substance and fact.
29. Severability. If any provision of this Agreement, or the application thereof to any circumstances, is held to be invalid or unenforceable, then the remaining provisions of
this Agreement, or the application thereof to other circumstances, shall not be affected,
and shall be valid and enforceable.
30. Notices. Unless stated otherwise in this Agreement, all notices required to be given
pursuant to this Agreement shall be in writing and shall be deemed to have been
sufficiently given if delivered personally, by email or mailed by prepaid registered mail
addressed to the Party to whom such notice is intended to be given at the following
addresses:
For the Vendor:
Duncan, Linton LLP
Attn: Adrian L. Rosu
45 Erb St. E.
Waterloo, ON N2J 1L7
Email: adrian@kwlaw.net
Fax: (519) 886-8651
with a copy to:
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 212 of 280
- 10 -
The Corporation of the Town of Tillsonburg
Attn: Cephas Panschow, Development Commissioner
10 Lisgar Avenue
Tillsonburg, ON N4G 5A5 Email: cpanschow@tillsonburg.ca
Fax: (519) 842-9431
For the Purchaser:
Edwin McLaughlin Holdings (2014) Inc.
500 Highway #3
P.O. Box 428
Tillsonburg, ON N4G 4H8
Any such notice so given or made will be deemed to have been given or made and to have been received on the day of delivery if emailed or delivered personally, or on the
third (3rd) day following the date of mailing if delivered by prepaid registered mail,
provided that in each case such day is a Business Day and the notice is so delivered or
sent prior to 5:00 p.m. on such day. Otherwise, such notice will be deemed to have
been given and made and to have been received on the next following Business Day.
31. Assignment. The Purchaser shall not assign any of its obligations, rights, title or
interest in or to any part of this Agreement or the transactions contemplated thereby
without the prior written consent of the Vendor, which consent shall be in the Vendor’s sole and unfettered discretion.
32. Schedules. The following Schedules are attached hereto and are hereby deemed to be
incorporated into this Agreement by reference as though set forth in full:
Schedule “A”: Description of the Developable Lands
Schedule “B”: Description of the Ravine Lands
Schedule “C”: Conditions
In the event of any conflict or discrepancy between the terms and conditions of this
Agreement and any Schedule attached hereto, the Schedule shall prevail.
33. Counterparts. This Agreement may be executed in any number of counterparts and
by facsimile or other form of electronic transmission reproducing an original, each of
which will be deemed to be an original, and such counterparts will constitute one and
the same instrument.
34. Electronic Signatures. The Parties consent and agree to the use of electronic
signatures pursuant to the Electronic Commerce Act, 2000, S.O. 2000, c. 17, as amended,
with respect to this Agreement and any other documents respecting this transaction.
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 213 of 280
- 11 -
[Remainder of page left blank. Signing page follows.]
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 214 of 280
- 12 -
IN WITNESS WHEREOF, the Purchaser hereby makes this offer, which shall be
irrevocable until the Irrevocable Date.
Per:
EDWIN McLAUGHLIN HOLDINGS
(2014) INC.
Per:
Name: Edwin McLaughlin
Title: President
I have authority to bind the corporation.
The Vendor hereby accepts and agrees to the terms of this Agreement this _____ day of
__________, 202__.
Per:
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Per:
Name:
Title:
Name:
Title:
I/We have authority to bind The Corporation of the
Town of Tillsonburg.
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 215 of 280
- 13 -
SCHEDULE “A” Description of the Developable Lands
PART OF LOTS 2 & 3 CONCESSION 5 NORTH OF TALBOT ROAD MIDDLETON,
TO BE DESCRIBED BY A NEW REFERENCE PLAN; TOGETHER WITH AN EASEMENT OVER PART 1 PLAN 41R10104 TILLSONBURG AS IN CO234954;
SUBJECT TO AN EASEMENT FOR ENTRY AS IN CO234953; TOWN OF
TILLSONBURG
being part of PIN 00038-0158 (LT), and depicted as parcels 20 through 25 (inclusive) in the
image below, to be described by a new reference plan, but expressly excluding those lands
labelled in the image below as “10m WIDE ACCESS AND MAINTENANCE PATH” or
“SWM”:
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 216 of 280
- 14 -
SCHEDULE “B” Description of the Ravine Lands
PART OF LOTS 2 & 3 CONCESSION 5 NORTH OF TALBOT ROAD MIDDLETON, TO BE DESCRIBED BY A NEW REFERENCE PLAN; TOGETHER WITH AN
EASEMENT OVER PART 1 PLAN 41R10104 TILLSONBURG AS IN CO234954;
SUBJECT TO AN EASEMENT FOR ENTRY AS IN CO234953; TOWN OF
TILLSONBURG
being part of PIN 00038-0158 (LT), as indicated below, more or less, to be described by a new
reference plan, but expressly excluding those lands labelled in the image contained in Schedule
“A” hereof as “10m WIDE ACCESS AND MAINTENANCE PATH” or “SWM”:
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 217 of 280
- 15 -
SCHEDULE “C” Conditions
1. Purchase of Property. The Purchaser acknowledges that the Vendor is not the
registered owner of the Property at the time of making this offer. This offer is conditional upon the Vendor obtaining title to the Property from the registered owner.
Unless the Vendor gives notice in writing delivered to the Purchaser in accordance with
the provisions for the delivery of notice in Agreement not later than 6:00 p.m. on May
31, 2024, that this condition is fulfilled, this offer shall be null and void and the deposit
shall be returned to the Purchaser in full without deduction.
DocuSign Envelope ID: 8B16BE5E-6839-44D3-B12C-AE7F6D8BB10C Page 218 of 280
Page 1 of 4
Subject: 2024 Draft Budget Summary and Recommendations
Report Number: FIN 24-008
Department: Finance Department
Submitted by: Renato Pullia, Interim Director of Finance / Treasurer
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
A. THAT Report # FIN 24-008 2024 Draft Budget Summary and Recommendations
Report be received as information; and
B. THAT the 2024 Operating Budget of $28,800,258 with a levy of $17,676,194, and
the 2024 Capital Budget of $22,972,600 with a levy of $3,082,500, being a
combined budget amount of $51,772,858 with $20,758,694 from taxation, be
adopted; and
C. THAT upon finalization of the County’s tax ratios and discount factors, a By-Law
be brought forward setting the 2024 Property Tax Rates.
BACKGROUND
This report is to provide Council with a summary of the draft budget changes since the
Nov. 20, 2023 budget meeting, and to seek direction on final budget approval.
DISCUSSION
The 2024 draft budget presented on November 20, 2023 included an overall levy
increase of $1,935,530, representing a tax rate increase of 6.70% or $131.31 annually
on a median residential property valued at $237,000.
Resolutions from the November 20, 2023 and January 15, 2024 Council meetings
lowered the levy by $44,300 ($9,000 and $35,300 respectively). Since those meetings,
various other items impacting the budget have been taken into consideration and are
presented and summarized in the Figure below for inclusion into the final 2024 budget:
Page 219 of 280
FIN 24-008
Page 2 of 4
1. As of January 29th, staff reviewed the new agreement on the Transfer Station
between the County and the Town, and in consultation with the County,
determined that additional revenue from the County should be reflected in the
Town’s budget. That resulted in a reduction to the levy of $135,450 ($22,250,
$57,500, $55,700 under Waste Management shown above).
2. Under Finance, there were new fees that were added last year that were in effect
after the budget was presented. As such, no budget number last year carried
forward this year, and on a second review, revenues of $50,000 have been
added, lowering the levy by the same amount.
3. The Airport budget was reviewed, following new contracts for farm land leases
and hangar leases. Total impact is a reduction to the levy of $94,705.
The above noted changes decrease the levy by $324,455, and are reflected in the
updated 2024 draft budget in both the Operating and Capital Budgets, shown as
Appendix B and Appendix C, respectively. Included in the attachments as Appendix D
2024 Budget revisions - Council Review
Dollar impact November 20, 2023
Department Increase/(decrease)G/L Account Notes
Dev. Comm. Serv (15,000) 10-500-7726-000-5410 Discover Tillsonburg Magazine Exp, Res#2023-529
Dev. Comm. Serv 6,000 10-500-7726-000-3300 Discover Tillsonburg Magazine corresponding Rev, Res#2023-529
Facilities Capital - Clock Tower Repairs X46 Removed 2024 work $35K; added to X34 roof repairs
Total (9,000)
January 15, 2024
Dev. Comm. Serv (35,000) 10-500-7720-000-5420 Façade Improvement to the BIA
Dev. Comm. Serv 20,000 10-500-7720-000-5425 Contribution to BIA Capital Projects
Bylaw (22,600) 10-180-7010-000-5001 New FTE request, start date delayed until April 1
Bylaw (1,300) 10-180-7010-000-3300 To match stated revenue in report OPD 24-004
Council (1,000) 10-100-7010-000-5425 Youth Engagement program
Economic Development (20,000) 10-505-7721-000-5425 Economic Development Strategy
Council 4,600 10-100-7010-000-3700 Physician Recruitment - 50% from TDMH Max
Waste management 20,000 10-280-7010-000-5425 Noise Study
Total (35,300)
January 29, 2024
Finance (50,000) 10-105-7010-000-3435 Tax Department User fees added
Waste management (22,250) 10-280-7010-000-3210 Customer Service - County Grant
Waste management (57,500) 10-280-7653-000-3210 Large Items - County Grant
Waste management (55,700) 10-280-7654-000-3210 Yard Waste - County Grant
Total (185,450)
February 1, 2024
Airport (16,897) 10-240-7010-000-3500 Hangar Lease Rent Revenue
Airport (8,400) 10-240-7010-000-3700 Landing Fee ORNGE Air Ambulance
Airport (54,408) 10-240-7420-000-3500 Farm land lease revenue
Airport (15,000) 10-240-7420-000-5800 Property tax on land now covered by farm land leases
Total (94,705)
Grand Total (324,455)
Page 220 of 280
FIN 24-008
Page 3 of 4
is also the 2024 Capital Budget, New Requests with Carry-forwards, which demonstrate
the amount of capital projects undertaken in total in 2024.
CONSULTATION
Director of Operations & Development, Revenue Manager, Deputy Treasurer, and Chief
Administrative Officer.
FINANCIAL IMPACT/FUNDING SOURCE
The impact of a $324,455 decrease to the levy, inclusive of all changes since November
20, 2023, is shown in Appendix A. The net impact of a decrease to the levy of $324,455
results in a reduced net tax rate of 4.91% or $96.21 annually on a median residential
property valued at $237,000.
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
☐ Lifestyle and amenities
☒ Customer service, communication and engagement
☐ Business attraction, retention and expansion
☐ Community growth
☐ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – The Town of Tillsonburg will strive for excellence and accountability in
government, providing effective and efficient services, information, and opportunities to
shape municipal initiatives.
Strategic Direction – N/A
Priority Project – N/A
ATTACHMENTS
1. Appendix A – 2024 Levy and Rates Options
2. Appendix B – 2024 Operating Budget
3. Appendix C – 2024 Capital Budget, New Requests
Page 221 of 280
FIN 24-008
Page 4 of 4
4. Appendix D – 2024 Capital Budget, New Requests with Carry-forwards
Page 222 of 280
Contribution Grants Debentures Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Reserves Debt
110 Corporate Services
X01 Annual Replacement of IT Capital -80,000 80,000 IT Reserve
X02 Cell Phone Replacements 15,000 -15,000 IT reserve
X03 Computer Replacements 60,000 -60,000 IT Reserve
X04 New IT Equipment 15,000 15,000 IT Reserve
Total 110 Corporate Services -5,000 95,000 -75,000 15,000
130 Fleet
065 Rpl Water Unit #28 35,000 -35,000 Cfwd from 2023
066 Rpl Fire Unit #37 88,000 -88,000 Cfwd from 2023
067 Rpl Fire Unit# 38 50,000 -50,000 Cfwd from 2023
069 Rpl Hydro Unit # 65 50,000 -50,000 Cfwd from 2023
070 Rpl Cemetery Unit# 87 175,000 -175,000 Cfwd from 2023
071 Rpl Parks Unit # 88 125,000 -125,000 Cfwd from 2023
073 New Cemetery Mower 115,000 -115,000 Cfwd from 2023
074 New RCP Mini Cargo Van 40,000 -40,000 Cfwd from 2023
079 Rep 063 Snowplow/Sander 280,000 -280,000 Cfwd from 2023
120 Replace #33 Ram 250 65,000 -65,000 Cfwd from 2023
121 Replace # 37 - 250 pickup 115,000 -115,000 Cfwd from 2023
122 Replace #65 -4300 Hybrid 325,000 -325,000 Cfwd from 2023
123 Replace #096 -Sicard 182,000 -182,000 Cfwd from 2023
124 Replace #204 -Z-force 14,000 -14,000 Cfwd from 2023
125 Replace #235 -TrenchTrailer 15,000 -15,000 Cfwd from 2023
126 Repalce MT6 Sidewalk Machine 190,000 -43,700 -146,300 Cfwd from 2023
127 New - Tractor 145,000 -145,000 Cfwd from 2023
128 New - Tractor Mower Deck 55,000 -55,000 Cfwd from 2023
129 New - Tractor Flail Brusher 55,000 -55,000 Cfwd from 2023
130 New -Tractor Snow Blade 20,000 -20,000 Cfwd from 2023
131 New - Tandem Axle Plow 465,000 -106,900 -358,100 Cfwd from 2023
132 New - Trackless (Ribbon Blower)20,000 -20,000 Cfwd from 2023
133 New - Trackless (Rotary Broom)10,000 -10,000 Cfwd from 2023
134 New - P/U Attachment 5,000 -5,000 Cfwd from 2023
135 New - Tack Coat Sprayer 5,000 -5,000 Cfwd from 2023
X58 Replace #105 Sander Attachment 9,000 -9,000 Fleet Reserve
X59 Replace #137 Sander Attachment 7,000 -7,000 Fleet Reserve
X60 Replace # 75 Sander/Plow/Wing Truck 225,000 -225,000
X61 Replace # 135 Boom Flail Mower 40,000 -40,000 Fleet Reserve
X62 Replace # 99 MT6 Sidewalk Machine 220,000 -220,000
Page 1
Page 223 of 280
Contribution Grants Debentures Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Reserves Debt
X63 Replace # 140 Airflow Slide-in Sander 15,000 -15,000 Fleet Reserve
X64 New - Trailer (5x10)10,000 -10,000 Fleet Reserve
X65 New - Skid Steer + Attachments 205,000 -128,400 -10,400 66,200 Fleet Reserve
X66 New Box Blade Attachment 55,000 -55,000 Fleet Reserve
X67 New Lawn Trailer 25,000 -25,000 Fleet Reserve
X68 New Scissor Lift 35,000 -35,000 Fleet Reserve
X69 New Hydraulic Mower Lift 25,000 -25,000 Fleet Reserve
Total 130 Fleet 3,515,000 -1,953,400 -906,000 -504,400 -85,000 66,200
150 Fire
X53 Minor Renos to backup Dispatch at CSC 7,500 -7,500 Fire Comm Reserve
X54 PPE Bunker Gear R&R 30,000 -5,900 24,100 Fire Equipment Reserve
X55 Rescue Equipment 7,500 -7,500 Fire Equipment Reserve
X56 Gas Detection Equipment 15,000 -15,000 Fire Equipment Reserve
X57 Training supplies and resources 5,000 -5,000 Fire Equipment Reserve
Total 150 Fire 65,000 -40,900 24,100
210 Engineering
206 Kinsman Bridge Upgrade Design 192,100 -186,100 -6,000 Cfwd from 2023
212 Crannberry Rd Design 130,000 -66,000 -64,000 CFWD from 2023
Total 210 Engineering 322,100 -252,100 -70,000
220 Public Works
194 Beech Blvd & Stoney Creek Wall 940,800 -294,000 -646,800 CFWD from 2022
230 Younge St Reconstruction 603,400 -430,100 -173,300 Cfwd from 2023
X05 Deveonshire Ave Culvert 838,000 -838,000
X06 Townline Rd & Goshen St Construction 1,058,200 -799,000 259,200 Federal Gas Tax
X07 Charlotte & Clarence Construction 958,600 -225,000 -371,000 362,600 OCIF Funding
X08 TGO Bus Shelters 25,000 25,000
X14 Future Bridge Repairs 66,100 66,100
X70 Sidewalk Connectivity 55,000 -55,000 Linear Infrastructure Reserve
Total 220 Public Works 4,479,000 66,100 -1,318,000 -1,484,800 -856,100 -173,300 712,900
235 Streetlights
X11 Devonshire ave, Alba Ave & Devon Court 392,500 -193,300 199,200 Linear Infrastructure Reserve
X12 PXO Crossing - Broadway/BurgerKing 55,000 55,000
Total 235 Streetlights 447,500 -193,300 254,200
240 Airport
322 Apron Extension 160,000 -160,000 Airport Land sales
X13 Airport Economic Dev. Expansion & Job Creation 99,400 -49,700 49,700 RED Grant
Total 240 Airport 259,400 -49,700 -160,000 49,700
Page 2
Page 224 of 280
Contribution Grants Debentures Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Reserves Debt
260 Storm Sewers
194 Beech Blvd & Stoney Creek Wall 235,200 -235,200 Cfwd from 2023
X06 Townline Rd & Goshen St Construction 378,800 378,800
X07 Charlotte & Clarence Construction 560,700 -275,100 285,600 OCIF Funding
X10 Storm Pond Maintenance 50,000 50,000
Total 260 Storm Sewers 1,224,700 -235,200 -275,100 714,400
450 Parks
397 Parks & Rec Master Plan 200,000 -57,500 -142,500 CFWD from 2023
624 Pedestrian Connection Langrell 31,500 -23,500 -8,000 RCP Reserve
X20 Playground Replacement Program 100,000 -91,600 8,400 RCP Reserve
X21 Dog Park 3,000 3,000
X22 Tree Planting Urban Forestry 8,000 8,000
X23 Parks & Trails Signage Replacement 5,000 5,000
X24 Lake Lisgar Maintenance & Shoreline Protection 40,000 40,000
X25 Maintenance, Repairs & AODA 20,000 20,000
X26 Site Amenities 10,000 10,000
X27 Pickleball Courts 245,000 -145,000 -77,000 23,000
X28 Sports Field Maintenance/Repairs 55,000 55,000
X29 Trails & Pathways 10,000 10,000
X30 Aluminum Benches/Bleachers 10,000 10,000
X31 Parking Lot Paving 100,000 -33,900 66,100 RCP Reserve
Total 450 Parks 837,500 -351,500 -227,500 258,500
465 Rec - Bldg Mtce
683 Indoor Pool Asset Renewal 4,999,500 -3,666,100 -735,000 -450,000 -148,400 Cfwd from 2022
698 LLWP Canteen Reno 201,000 -201,000 Cfwd from 2023, Facility Reserve
722 Museum Repairs & Maint 35,000 -35,000 Cfwd from 2023
725 New Columbarium 60,000 -60,000 Cfwd from 2023
728 TCC Furnishings 25,000 -25,000 Facility Infrastructure Res
731 Fire Hall Floor Slab 30,000 -30,000 Cfwd from 2023
733 Arena Dehumidifier 155,000 -155,000 Cfwd from 2023
X32 Signage 5,000 5,000
X33 Annual LED Light Conversion 35,000 35,000
X34 Roof Repair/Replacement 285,000 -100,000 185,000 Facility Infrastructure Reserve
X35 General Building Repairs & Maintenance 80,000 80,000
X36 Security & Access Control Systems 35,000 35,000
X37 HVAC General Repairs 40,000 40,000
X38 Health Club 80,000 -6,300 73,700
Page 3
Page 225 of 280
Contribution Grants Debentures Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Reserves Debt
X39 TCC Building Envelope 30,000 30,000
X40 Recreation Minor Capital 10,000 10,000
X41 TCC Furnishings & Painting 5,000 5,000
X42 Indoor Pool Asset (Contr to Reserve)200,000 200,000
X43 THI Voltage Conversion 25,000 25,000
X44 OPP Fire panel 30,000 30,000
X45 Fire Hall Windows/Doors 25,000 25,000
X47 Arena Upgrades (AODA,boards, score clock)35,000 35,000
X48 Station Arts Brickwork 5,000 5,000
X49 TCC Office Reno 70,000 -63,200 6,800 Facility Infrastructure Reserve
X50 Natatorium 200,000 -200,000 Facility Infrastructure Reserve
X51 LLWP Basin Repair 12,000 12,000
X52 New Town Hall 450,000 -300,000 150,000 Tax Rate Stabilization Reserve
Total 465 Rec - Bldg Mtce 7,162,500 -3,666,100 -735,000 -1,559,200 -6,300 -60,000 -148,400 987,500
475 Museum
763 Ann. Slate Roof Repairs 50,000 -50,000 Cfwd from 2022
Total 475 Museum 50,000 -50,000
505 Economic Dev
805 VIP Phase 2 - Planning& Design 300,000 -300,000 Cfwd from 2022
814 Rokeby Road - Eng. Design 265,000 -265,000 Cfwd from 2021
815 Rokeby Rd Reconstruction 400,000 -400,000 cfwd from 2022
X15 Project Big Swing 4,784,000 4,784,000 Land Sales
X16 VIP Phase 2 Construction 9,312,000 -5,846,000 3,466,000 Land Sales
X17 Progress Dr Extension 600,000 600,000 Land Sales
X19 Rokeby Road Rehabilitation 450,300 -450,300 Norfolk County
Total 505 Economic Dev 16,111,300 -5,846,000 -700,000 -715,300 8,850,000
Total Project Listing $34,469,000 $161,100 ($5,033,800)($10,254,400)($5,259,200)($981,500)($935,300)($233,400)$11,932,500
Total Capital, New & Cfwds $34,630,100
Page 4
Page 226 of 280
2023 2024
Total Variance Variance
Budget Budget $ %
Budget Requirements
Council 449,642 545,266 95,624 21.27%
Financial Services 12,012 55,960 43,948 365.87%
Corporate Services 1,699,247 2,404,824 705,577 41.52%
Customer Services -109,171 -104,474 4,697 (4.30%)
Fleet Services 55,000 66,121 11,121 20.22%
THI -141,400 -140,040 1,360 (0.96%)
Enterprise Services -198,600 -285,000 -86,400 43.50%
Fire Services 1,571,866 1,645,770 73,904 4.70%
Police Services 3,277,437 3,399,611 122,174 3.73%
Protection/Bylaw 303,845 493,044 189,199 62.27%
Building
OPS Admin 370,891 238,231 -132,660 (35.77%)
Engineering 482,468 515,433 32,965 6.83%
Public Works 4,361,736 4,972,290 610,554 14.00%
Parking
Airport 57,348 34,167 -23,181 (40.42%)
Waste Management 107,159 33,747 -73,412 (68.51%)
Cemetery 209,573 196,185 -13,388 (6.39%)
Parks 1,168,742 1,196,070 27,328 2.34%
Community Events 100,430 121,720 21,290 21.20%
Recreation - Programs 966,729 994,110 27,381 2.83%
Recreation - Facilities 3,801,241 3,967,614 166,373 4.38%
Elliott Fairbairn Centre -26,786 -27,579 -793 2.96%
Museum 398,895 390,534 -8,361 (2.10%)
Transit Services 194,865 82,472 -112,393 (57.68%)
Development & Communication Services -11,000 -47,500 -36,500 331.82%
Economic Development 422,050 407,118 -14,932 (3.54%)
Municipal Taxes -376,600 -397,000 -20,400 5.42%
Consolidated Levy Requirement 19,147,619 20,758,694 1,611,075 8.41%
Operating Plan
Council 449,642 545,266 95,624 21.27%
Financial Services 12,012 55,960 43,948 365.87%
Corporate Services 1,699,247 2,389,824 690,577 40.64%
Customer Services -109,171 -104,474 4,697 (4.30%)
Fleet Services -79 -79 #DIV/0!
THI -141,400 -140,040 1,360 (0.96%)
Enterprise Services -198,600 -285,000 -86,400 43.50%
Fire Services 1,551,866 1,621,670 69,804 4.50%
Police Services 3,277,437 3,399,611 122,174 3.73%
Protection/Bylaw 303,845 493,044 189,199 62.27%
Building
OPS Admin 370,891 238,231 -132,660 (35.77%)
2024 Budget Levy Requirements
Page 227 of 280
2023 2024
Total Variance Variance
Budget Budget $ %
2024 Budget Levy Requirements
Engineering 399,468 515,433 115,965 29.03%
Public Works 3,047,236 3,290,790 243,554 7.99%
Parking
Airport 57,348 -15,533 -72,881 (127.09%)
Waste Management 107,159 33,747 -73,412 (68.51%)
Cemetery 209,573 196,185 -13,388 (6.39%)
Parks 918,242 937,570 19,328 2.10%
Community Events 100,430 121,720 21,290 21.20%
Recreation - Programs 966,729 994,110 27,381 2.83%
Recreation - Facilities 3,016,241 2,980,114 -36,127 (1.20%)
Elliott Fairbairn Centre -26,786 -27,579 -793 2.96%
Museum 398,895 390,534 -8,361 (2.10%)
Transit Services 194,865 82,472 -112,393 (57.68%)
Development & Communication Services -11,000 -47,500 -36,500 331.82%
Economic Development 422,050 407,118 -14,932 (3.54%)
Municipal Taxes -376,600 -397,000 -20,400 5.42%
Total Operating Budget 16,639,619 17,676,194 1,036,575 6.23%
Capital Plan
Corporate Services 15,000 15,000
Fleet Services 55,000 66,200 11,200 20.36%
Fire Services 20,000 24,100 4,100 20.50%
Engineering 83,000 -83,000 (100.00%)
Public Works 1,314,500 1,681,500 367,000 27.92%
Airport 49,700 49,700
Parks 250,500 258,500 8,000 3.19%
Recreation - Facilities 785,000 987,500 202,500 25.80%
Total Capital Plan 2,508,000 3,082,500 574,500 22.91%
Page 228 of 280
Contribution Grants Tax Supported Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Debt Reserves Debt
110 Corporate Services
X04 New IT Equipment 15,000 15,000 IT Reserve
X03 Computer Replacements 60,000 -60,000 IT Reserve
X02 Cell Phone Replacements 15,000 -15,000 IT reserve
X01 Annual Replacement of IT Capital -80,000 80,000 IT Reserve
Total 110 Corporate Services -5,000 95,000 -75,000 15,000
130 Fleet
X69 New Hydraulic Mower Lift 25,000 -25,000 Fleet Reserve
X68 New Scissor Lift 35,000 -35,000 Fleet Reserve
X67 New Lawn Trailer 25,000 -25,000 Fleet Reserve
X66 New Box Blade Attachment 55,000 -55,000 Fleet Reserve
X65 New - Skid Steer + Attachments 205,000 -128,400 -10,400 66,200 Fleet Reserve
X64 New - Trailer (5x10)10,000 -10,000 Fleet Reserve
X63 Replace # 140 Airflow Slide-in Sander 15,000 -15,000 Fleet Reserve
X62 Replace # 99 MT6 Sidewalk Machine 220,000 -220,000
X61 Replace # 135 Boom Flail Mower 40,000 -40,000 Fleet Reserve
X60 Replace # 75 Sander/Plow/Wing Truck 225,000 -225,000
X59 Replace #137 Sander Attachment 7,000 -7,000 Fleet Reserve
X58 Replace #105 Sander Attachment 9,000 -9,000 Fleet Reserve
Total 130 Fleet 871,000 -573,400 -231,400 66,200
150 Fire
X57 Training supplies and resources 5,000 -5,000 Fire Equipment Reserve
X56 Gas Detection Equipment 15,000 -15,000 Fire Equipment Reserve
X55 Rescue Equipment 7,500 -7,500 Fire Equipment Reserve
X54 PPE Bunker Gear R&R 30,000 -5,900 24,100 Fire Equipment Reserve
X53 Minor Renos to backup Dispatch at CSC 7,500 -7,500 Fire Comm Reserve
Total 150 Fire 65,000 -40,900 24,100
220 Public Works
X70 Sidewalk Connectivity 55,000 -55,000 Linear Infrastructure Reserve
X14 Future Bridge Repairs 66,100 66,100
X08 TGO Bus Shelters 25,000 25,000
X07 Charlotte & Clarence Construction 958,600 -225,000 -371,000 362,600 OCIF Funding
X06 Townline Rd & Goshen St Construction 1,058,200 -799,000 259,200 Federal Gas Tax
X05 Deveonshire Ave Culvert 838,000 -838,000
Total 220 Public Works 2,934,800 66,100 -1,024,000 -838,000 -426,000 712,900
Page 1
Page 229 of 280
Contribution Grants Tax Supported Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Debt Reserves Debt
235 Streetlights
X12 PXO Crossing - Broadway/BurgerKing 55,000 55,000
X11 Devonshire ave, Alba Ave & Devon Court 392,500 -193,300 199,200 Linear Infrastructure Reserve
Total 235 Streetlights 447,500 -193,300 254,200
240 Airport
X13 Airport Economic Dev. Expansion & Job Creation 99,400 -49,700 49,700 RED Grant
Total 240 Airport 99,400 -49,700 49,700
260 Storm Sewers
X10 Storm Pond Maintenance 50,000 50,000
X07 Charlotte & Clarence Construction 560,700 -275,100 285,600 OCIF Funding
X06 Townline Rd & Goshen St Construction 378,800 378,800
Total 260 Storm Sewers 989,500 -275,100 714,400
450 Parks
X31 Parking Lot Paving 100,000 -33,900 66,100 RCP Reserve
X30 Aluminum Benches/Bleachers 10,000 10,000
X29 Trails & Pathways 10,000 10,000
X28 Sports Field Maintenance/Repairs 55,000 55,000
X27 Pickleball Courts 245,000 -145,000 -77,000 23,000
X26 Site Amenities 10,000 10,000
X25 Maintenance, Repairs & AODA 20,000 20,000
X24 Lake Lisgar Maintenance & Shoreline Protection 40,000 40,000
X23 Parks & Trails Sigange Replacement 5,000 5,000
X22 Tree Planting Urban Forestry 8,000 8,000
X21 Dog Park 3,000 3,000
X20 Playground Replacement Program 100,000 -91,600 8,400 RCP Reserve
Total 450 Parks 606,000 -270,500 -77,000 258,500
465 Rec - Bldg Mtce
X52 New Town Hall 450,000 -300,000 150,000 Tax Rate Stabilzation Reserve
X51 LLWP Basin Repair 12,000 12,000
X50 Natatorium 200,000 -200,000 Facility Infrastructure Reserve
X49 TCC Office Reno 70,000 -63,200 6,800 Facility Infrastructure Reserve
X48 Station Arts Brickwork 5,000 5,000
X47 Arena Upgrades (AODA,boards, score clock)35,000 35,000
X45 Fire Hall Windows/Doors 25,000 25,000
X44 OPP Fire panel 30,000 30,000
Page 2
Page 230 of 280
Contribution Grants Tax Supported Reserves DC Donation Miscellaneous User Pay Taxation Comments
Expenditures to Reserves Debt Reserves Debt
X43 THI Voltage Conversion 25,000 25,000
X42 Indoor Pool Asset (Contr to Reserve)200,000 200,000
X41 TCC Furnishings & Painting 5,000 5,000
X40 Recreation Minor Capital 10,000 10,000
X39 TCC Building Envelope 30,000 30,000
X38 Health Club 80,000 -6,300 73,700
X37 HVAC General Repairs 40,000 40,000
X36 Security & Access Control Systems 35,000 35,000
X35 General Building Repairs & Maintenance 80,000 80,000
X34 Roof Repair/Replacement 285,000 -100,000 185,000 Facility Infrastrucuture Reserve
X33 Annual LED Light Conversion 35,000 35,000
X32 Signage 5,000 5,000
Total 465 Rec - Bldg Mtce 1,657,000 -663,200 -6,300 987,500
505 Economic Dev
X19 Rokeby Road Rehabilitation 450,300 -450,300 Norfolk County
X17 Progress Dr Extension 600,000 -600,000 Land Sales
X16 VIP Phase 2 Construction 9,312,000 -5,846,000 -2,250,000 1,216,000 Land Sales
X15 Project Big Swing 4,784,000 -6,000,000 -1,216,000 Land Sales
Total 505 Economic Dev 15,146,300 -5,846,000 -9,300,300
Total Project Listing $22,811,500 $161,100 ($1,073,700)($7,257,400)($2,175,400)($83,300)($9,300,300)$3,082,500
Total Capital Budget $22,972,600
Page 3
Page 231 of 280
Levy and Rates Options
Levy Increase at:
Dept Subm SLT Final Difference
3,001,277$ 1,935,530$ (1,065,747)$
15.67% 10.11% -5.56%
As Presented 20-Nov-23
2023 tax rate 2024 tax rate Change levy 2023 2024 Change
Levy 19,147,619$ 21,083,149$ 1,935,530$ 10.11% 237,000$ 237,000$ Median Residence
Wght Assessment 2,315,078,293$ 0.00827083 2,389,057,753$ 0.00882488 6.70% Tax Rate 1,960$ 2,091$ 131.31$ Town general levy
After Changes 15-Jan-24 inclusive
2023 tax rate 2024 tax rate Change levy 2023 2024 Change
Levy 19,147,619$ 21,038,849$ 1,891,230$ 9.88% 237,000$ 237,000$ Median Residence
Wght Assessment 2,315,078,293$ 0.00827083 2,392,447,663$ 0.00879386 6.32% Tax Rate 1,960$ 2,084$ 123.96$ Town general levy
Please note weighted assessment change of 3,389,910$ based on final Returned Roll
Reduction in levy 44,300$
After Changes 02-Feb-24 inclusive
2023 tax rate 2024 tax rate Change levy 2023 2024 Change
Levy 19,147,619$ 20,758,694$ 1,611,075$ 8.41% 237,000$ 237,000$ Median Residence
Wght Assessment 2,315,078,293$ 0.00827083 2,392,447,663$ 0.00867676 4.91% Tax Rate 1,960$ 2,056$ 96.21$ Town general levy
Reduction in levy 280,155$ This is what the budget recommendation is based on
Total Reduction From Nov 20, 2023 324,455$
To reach 4.50%
2023 tax rate 2024 tax rate Change levy 2023 2024 Change
Levy 19,147,619$ 20,677,967$ 1,530,348$ 7.99% 237,000$ 237,000$ Median Residence
Wght Assessment 2,315,078,293$ 0.00827083 2,392,447,663$ 0.00864302 4.50% Tax Rate 1,960$ 2,048$ 88.21$ Town general levy
Reduction in levy 80,727$
To reach 3.80%per deferred resolution #2024-035, 12-mo 2023 average CPI
2023 tax rate 2024 tax rate Change levy 2023 2024 Change
Levy 19,147,619$ 20,539,454$ 1,391,835$ 7.27% 237,000$ 237,000$ Median Residence
Wght Assessment 2,315,078,293$ 0.00827083 2,392,447,663$ 0.00858512 3.80% Tax Rate 1,960$ 2,035$ 74.49$ Town general levy
Reduction in levy 219,240$
Median Tax Impact
Median Tax Impact
Median Tax Impact
Median Tax Impact
Median Tax Impact
Page 232 of 280
To: Mayor Gilvesy and Tillsonburg Council Members
From: Renato Pullia, Interim Director of Finance/Treasurer
Date: February 12, 2024
At its January 15, 2024 meeting, Council deferred the following motion:
THAT Item 8.3.3 be deferred to the January 23, 2024 Council meeting.
1. THAT to an upset limit of $400,000 to meet the cost of living percentage be moved from
Tax Rate Stabilization Fund to reduce the 2024 Tax Increase; and
2. THAT the same dollar amount from the 2023 Budget Surplus be used to re-fill the Tax
Rate Stabilization Fund; and
3. THAT the 12 month average of 2023 CPI be used as that number.
This memo is to provide staff comments on this item, for Council consideration.
Factoring in all of the changes during the budget deliberations, both Council adopted and staff
presented, the tax rate now stands at 4.91%, with $96.21/year or $8/month on the average
residence of $237,000 value.
As such, using reserve funds to lower the net tax rate is not recommended, as:
1. Reserves are a one-time funding source
2. The amount used will have to be made up the following year either by other
revenue sources, expenditure reductions, or levy increase.
3. The Tax Rate Stabilization Reserve is used extensively for one-time projects. In
2023 alone, 16 projects were budgeted to use this reserve, utilizing $584,459.
4. Given the total committed dollars within the 2024 budget of $371,200 to use the
Tax Rate Stabilization Reserve, the uncommitted balance to the end of 2024 is
$210,571. This number is subject to the actual expenditures from the budgeted
projects for 2023 and 2024.
5. Invoices for 2023 are still being processed, with a cut-off date of Feb 16, 2024.
Adjustment will then be made as part of the year-end reconciliation process, and
thus the 2023 year-end surplus is still not certain.
Page 233 of 280
Page 1 of 2
Subject: Hangar Land Lease Agreement Taxiway G1-2
Report Number: OPD 22-48
Department: Operations and Development Department
Submitted by: Richard Sparham, Manager of Public Works
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
THAT Council receives Report OPD 22-48 Airport Hangar Land Lease Taxiway G1 Lot
#2 as information;
AND THAT a By-Law be prepared to
A. Terminate the Land Lease Agreement with 2664165 Ontario Ltd (Jeff Howe) for
Taxiway G1 Lot #2; AND
B. THAT By-Law 19-4320 be repealed.
AND THAT the Mayor and CAO be authorized to enter into a new Land Lease
Agreement for Taxiway G1 Lot #2 with the Tillsonburg Flying School (Don Huras)
retroactively effective from November 1st 2022.
BACKGROUND
Council approved By-Law 19-4320 to enter into a land lease agreement with Jeff Howe
for Taxiway G1 Lot #2 on June 24th, 2019.
Jeff Howe, as the principle owner of 2664165 Ontario Ltd, has agreed to sell Taxiway G1
Lot #2 to Tillsonburg Flying School (Don Huras) and has requested the current lease be
terminated and a new lease with Don Huras for Taxiway G1 Lot #2 be authorized.
DISCUSSION
After reviewing the existing lease agreement and amendments for this hangar, Staff
recommends that the current lease agreement with Tillsonburg Flying School (Don
Huras) be executed and that the former land lease agreement with 2664165 Ontario Ltd
(Jeff Howe) be terminated.
Page 234 of 280
OPD 22-48 Hangar Land Lease Agreement Taxiway G1-2
Page 2 of 2
CONSULTATION
The following staff and resources have been consulted in preparing this report:
Director of Operations and Development
FINANCIAL IMPACT/FUNDING SOURCE
The rent is generally set at $1,410.00 per annum (based upon the current 2024 fees
and charges of $0.35 per square foot which is subject to change) plus H.S.T.
CORPORATE GOALS
How does this report support the corporate goals identified in the Community Strategic
Plan?
☐ Lifestyle and amenities
☐ Customer service, communication and engagement
☐ Business attraction, retention and expansion
☐ Community growth
☒ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Tillsonburg residents and businesses will be connected to each other, regional
networks, and the world through effective traditional and digital infrastructure.
Strategic Direction – Leverage the municipal airport more effectively to increase
access, visibility and business activity in Tillsonburg.
Priority Project – Immediate Term – Airport Master Plan and implementation
ATTACHMENTS:
Lease Termination G1-2 2664165 Ontario Ltd (Jeff Howe)
Hangar G1-2 Tillsonburg Airport Hangar lease agreement Tillsonburg Flying
School (Don Huras)
Existing Lease Agreement with 2664165 Ontario Ltd (Jeff Howe)
Page 235 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
TILLSONBURG AIRPORT HANGAR LEASE
This Lease is made this 1st day of November, 2022 (the “Effective Date”).
B E T W E E N
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Landlord”)
- and –
Tillsonburg Flying School
ATTN: Don Huras
17 Ann St, Ingersoll, ON, N5C 2E9
(the “Tenant”)
WHEREAS the Landlord owns all and singular that certain parcel or tract of land and premises situated,
lying and being in the Township of South West Oxford in the County of Oxford, being compromised of:
PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5,
41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; S/T 406551; SOUTH-WEST
OXFORD;
PIN: 00016-0089 (LT); LRO #41;
municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1;
referred to herein as the “Property”, the “Airport” or the “Tillsonburg Airport” upon which is located the
Tillsonburg Airport which is owned and operated by the Landlord.
In consideration of the covenants, agreements, warranties and payments herein set forth and provided for,
the sum of two dollars ($2.00) paid by each party to the other and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties hereto respectively covenant and
agree as follows:
1. LEASED PREMISES
(1) The Leased Premises shall consist of a portion of the Tillsonburg Airport identified as
Taxiway G1 Lot 2 on the plan attached as Schedule “A”, being the area upon which the
Tenant’s airplane hangar shall be located plus one (1) metre of land extended beyond the
exterior perimeter of the Tenant’s airplane hangar building (the “Leased Premises”).
(2) Notwithstanding the above, the Landlord reserves the right to assign an alternate lot to the
Tenant on thirty (30) days’ written notice at any time prior to the commencement of
construction of the Tenant’s hangar.
(3) The Landlord covenants and agrees to the construction by the Tenant of an airplane
hangar on the Leased Premises being a Hangar, (the “Hangar”) subject to the provisions
of Schedule “B”. The Tenant shall complete the construction of the Hangar at its sole cost
and expense.
(4) The Landlord covenants and agrees that the Hangar on the Leased Premises is not owned
by the Landlord but is owned by the Tenant.
2. GRANT OF LEASE
(1) The Landlord leases the Leased Premises to the Tenant:
(a) at the Rent set forth in Section 3;
(b) for the Term set forth in Section 4; and
(c) subject to the conditions and in accordance with the covenants, obligations and
agreements herein including schedules.
(2) The Landlord covenants that it has the right to grant the leasehold interest in the Leased
Premises free from encumbrances except as disclosed on title.
3. RENT
(1) Rent means the amounts payable by the Tenant to the Landlord pursuant to this Section
and includes Additional Rent.
(2) The Tenant covenants to pay to the Landlord, during the Term of this Lease rent as follows
(the “Base Rent”): for every year of the Term, the total sum of $1,116.00 (one thousand
one hundred and sixteen dollars) per annum (based upon $0.31 per square foot of Hangar
Page 236 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
2
building area) plus H.S.T., and any other applicable services tax which may accrue on
account of the Landlord collecting rent, payable yearly in advance. Base Rent shall
commence on the first day of the Term. If the first day of the Term is not January 1st then
Base Rent for the first year of the term shall be prorated until December 31 of the initial
year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2023
and every 1st day of January thereafter. The Parties further agree that the Landlord may,
in their sole and absolute discretion, increase the Base Rent annually in accordance with
the Town of Tillsonburg Rates and Fees Bylaw, as amended. If the square footage of the
Hangar on the Leased Premises expands then the Base Rent shall accordingly increase
in proportion to the additional square footage.
(3) The Tenant further covenants to pay all other sums required by this Lease to be paid by it
and agrees that all amounts payable by the Tenant to the Landlord or to any other party
pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional
Rent”) whether or not specifically designated as such in this Lease.
(4) The Landlord and the Tenant agree that it is their mutual intention that this Lease shall be
a completely carefree net lease for the Landlord and that the Landlord shall not, during the
Term of this Lease, be required to make any payments in respect the Leased Premises
other than charges of a kind personal to the Landlord (such as income and estate taxes
and mortgage payments) and to effect the said intention of the parties the Tenant promises:
(a) to pay as Additional Rent: business taxes, real estate taxes and licenses if
applicable;
(b) to pay all annual fees in accordance with the Town of Tillsonburg Rates and Fees
Bylaw, as amended, as Additional Rent for such expenses incurred by the
Landlord for the maintenance and servicing of the Airport; and,
(c) to pay the Landlord a one-time capital recovery charge, based on actuals, for the
Landlord to construct the associated hangar apron, if applicable; and,
(d) to pay for or provide servicing and maintaining the Leased Premises and the
Hangar and shall include the following:
(i) all utilities and services including, but not limited to, electricity, water,
sewage, natural gas and propane. The Tenant acknowledges that
connection fees for utilities and services are entirely at the Tenant’s cost.
Further, the Tenant acknowledges that nothing in this Lease, including in
this article, is a warranty, covenant or representation by the Landlord to
provide connections, utilities or services to the Leased Premises or that
the services or utilities can be extended to the Leased Premises;
(ii) snow removal and landscaping on the Leased Premises including cutting
the grass and weed control of the Leased Premises including the one (1)
metre area around the perimeter of the Hangar;
(iii) all repair, service and maintenance to the Hangar including reasonable
wear and tear; and,
(iv) to pay airport infrastructure fees in accordance with the Town of
Tillsonburg Rates and Fees Bylaw, as amended.
(5) The Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing
to the Landlord in respect of the expenses payable by the Tenant as provided for herein.
(i) The Tenant on behalf of itself/himself/herself/themselves, its/his/her/their
heirs, executors, administrators and assigns, including its/his/her/their
successors in title, hereby covenants and agrees to indemnify and save
harmless the Landlord from all actions, cause of actions, suits, claims,
demands, damages, losses, costs, charges and expenses of every nature and
kind whatsoever by whomsoever make brought or prosecuted, including legal
fees, which the Landlord may incur or have to pay, which may arise either
directly or indirectly by reason of any activity, actions, performance,
negligence or non-performance of the Tenant, its employees, servants,
agents, contractors, subcontractors, architect, landscape architect, engineer,
surveyor, planner, consultant, project manager or any other person the Tenant
is responsible for at law during the duration of this Agreement; in executing
the Works under this Agreement; by reason of installation of any Works
required under this Agreement; by the failure of the Tenant to complete the
installation of the Works required under this Agreement; because of or on
account of the ownership, construction, use existence, or maintenance of the
property described in the Agreement; by the exercise of the Tenant’s powers
under this Agreement; the construction, maintenance or the improper or
inadequate construction, installation and/or maintenance of the Works; any
act or omission of said parties while undertaking the Works; or by reason of
the neglect of the Tenant or its employees, servants, agents, contractors,
subcontractors or others for whom the Tenant is responsible at law.
(ii) Without limiting the generality of the foregoing, the Tenant agrees to indemnify
and save harmless the Landlord for any issues related to the alteration of any
grade or existing level construction, the maintenance or repair of any taxiway
Page 237 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
3
within the Airport, or by reason of the failure, neglect or omission of the Tenant
to do anything agreed to be done pursuant to this Agreement or by reason of
any act or omission of the Tenant, including failure of the Tenant to comply
with the Construction Act.
(6) Additional Rent shall be payable yearly in advance on the same dates stipulated for
payment of Base Rent in Section 3 (2).
(7) All payments to be made by the Tenant pursuant to this Lease are to be in Canadian funds
by bank draft, money order, cheque or electronic funds transfer, payable to the Landlord
and shall be delivered to the Landlord at the Landlord’s address for service set out in
Section 17 or to such other place as the Landlord may from time to time direct in writing.
(8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should
have been paid by the Tenant shall bear interest from the date payment was due, or made,
or expense incurred at a rate per annum equal to the prime commercial lending rate of the
Landlord’s bank plus two (2) per cent.
(9) The Tenant acknowledges and agrees that the payments of Rent and Additional Rent
provided for in this Lease shall be made without any deduction for any reason whatsoever
unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing
and no partial payment by the Tenant which is accepted by the Landlord shall be
considered as other than a partial payment on account of Rent owing and shall not
prejudice the Landlord’s right to recover any Rent owing.
4. TERMS AND POSSESSION
(1) The Tenant shall have possession of the Leased Premises for a period of twenty years,
ten months (the “Term”), commencing on the 1st day of November, 2022 and ending on the
31st day of December, 2042.
(2) The Tenant shall pay any and all connection costs for hydro, gas, water, heating, air-
conditioning and for all other services and utilities as may be provided to the Leased
Premises. The Tenant shall arrange with the local authority for connection of gas,
electricity and water in the name of the Tenant. Nothing in this paragraph or lease is a
warranty or representation by the Landlord that any utilities or services are extended to the
Leased Premises or can be extended to the Leased Premises.
(3) Subject to the Landlord’s rights under this Lease, and as long as the Tenant is in good
standing, the Landlord covenants that the Tenant shall have quiet enjoyment of the Leased
Premises during the Term of this Lease without any interruption or disturbance from the
Landlord or any other person or persons lawfully claiming through the Landlord.
5. ABATEMENT OF RENT DURING CONSTRUCTION
(1) So long as the Lease has been fully executed, the Tenant has provided the Landlord with
proof of the Tenants insurance, and the Tenant has paid the first and last month’s Rent to
be held as a deposit, the Landlord shall provide the Tenant with possession of the Leased
Premises for a period of up to six (6) months commencing on the Effective Date for the
purposes of constructing the Hangar on the Leased Premises. All terms of the Lease shall
be applicable from the Effective Date save and except for the payment of Rent, Base Rent
and Additional Rent which shall be payable as of the first day of the month of occupancy
of the Hangar or the expiry of the six (6) month construction period whichever occurs first.
(2) In the event the Tenant has not completed construction of the Hangar within the six (6)
month construction period, the Landlord, in its sole and absolute discretion, may extend
the construction period upon written request of the Tenant or terminate this Lease of which
then the Tenant’s deposit provided in Section 5 (1) would be forfeited.
6. ASSIGNMENT
(1) The Tenant shall not assign this Lease or sublet the whole or any part of the Leased
Premises unless they first obtain the consent of the Landlord in writing, which consent shall
not unreasonably be withheld and provided the sub-Tenant and/or assignee signs a written
acknowledgement that he/she will be bound by the terms, conditions and rules as provided
for in this Lease. The Tenant hereby waives its right to the benefit of any present or future
Act of the Legislature of Ontario which would permit the Tenant to assign this Lease or
sublet the Leased Premises without the Landlord’s consent.
(2) The consent of the Landlord to any assignment or subletting shall not operate as a waiver
of the necessity for consent to any subsequent assignment or subletting.
(3) Any consent given by the Landlord to any assignment or other disposition of the Tenant’s
interest in this Lease or in the Leased Premises shall not relieve the Tenant from its
obligations under this lease, including the obligation to pay Rent, Base Rent and Additional
Rent as provided for herein.
Page 238 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
4
(4) If all or more than 50% of the shares in the Tenant should be sold, assigned or transferred
in any manner to a person other than the Tenant, then such transferee shall be bound by
the terms and conditions of this Lease.
7. USE
(1) During the Term of this Lease the Leased Premises shall not be used for any purpose other
than as an aircraft hangar for the storage, repair and operation of airplanes, without the
express consent of the Landlord given in writing. The Tenant shall not construct a new
hangar or any other building on the Leased Premises except in accordance to the terms of
this Lease.
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or tenant policy as established by the
Landlord from time to time;
(b) cause damage to the Leased Premises;
(c) cause injury or annoyance to occupants of neighbouring premises;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law, status, order or regulation of any municipal,
provincial or other competent authority relating to the Tillsonburg Airport, the
Leased Premises including any septic bed or other property, equipment or
appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored
or do anything that creates hazardous waste or toxic material as defined by the
Environmental Protection Act or any related or successor legislation. If an order is
made by any level of government, including all agencies, crown corporations,
municipal bodies, or a court is made as a result of the Tenant’s, or its servants,
directors, employees, invitees, customers or agents, actions or inaction under this
Article or Article 7(2)(e) above or as a result of the septic bed system used by the
Tenant then the Tenant shall satisfy the terms of such order including, but not
limited to, paying all costs of the work required and shall indemnify and save the
Landlord harmless from any costs, including legal costs, if the Landlord suffers any
damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant
acknowledges that there are other uses of the Property and it shall not interfere in
any other use of the Property. The Tenant further acknowledges that there are
other Tenants and users of the Airport and it shall not unreasonably interfere in the
use or operation of the Airport in any manner nor shall it do, or allow to be done by
any of its invitees, customers, employees or agents, anything that would cause or
constitute a nuisance, safety violation or hazard to any other Tenant or any user
of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules,
by-laws, statutes, directives and any other such matter that governs the flight, use
or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to
adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft
or any vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar
other than aircraft and related aircraft items except as specifically permitted in this
agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises
with the exception of fuel or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or events no less than thirty (30)
days before such activity and/or event with approval by the Landlord, in its sole
and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of
all the Tenant’s contractors, employees, agents, customers and invitees;
(k) comply with the Town of Tillsonburg’s relevant policies and codes of conduct such
as but not limited to the RZone (Respect) Policy which requires persons using a
Town facility to respect others and take responsibility in maintaining a safe and
comfortable environment for all participants, spectators, volunteers and staff. The
Rzone policy enforces zero tolerance of inappropriate behavior, threats, violence
and vandalism at all Town facilities, properties, Town sponsored events, programs,
in written or verbal communications (including email or phone); and,
(l) provide proof of documentation showing current and proper insurance coverage of
any aircraft stored inside the Hangar.
(4) The Tenant covenants and agrees that the Landlord may require the adjustment in the
Airport leases and as such may demand the Tenant move the Hangar and the location of
Page 239 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
5
the Leased Premises. The Landlord shall compensate the Tenant for any expenses in
moving the Hangar as agreed between the Parties.
(5) The Tenant shall be permitted to construct and maintain one (1) aircraft hangar (the
“Works”) on the Leased Premises as follows:
(a) the dimensions of the Hangar shall be 60 feet by 60 feet for a total floor area of
3600 square feet;
(b) the style of the Hangar shall be either a pole barn style building or a metal frame
building;
(c) the siding, siding colour, roof colour, hanger number, and height of the building will
be maintained in accordance with current Airport standards as approved by the
Landlord;
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete)
with a minimum 300mm (12”) structural sub-base to the satisfaction of the
Landlord;
(e) construction, renovation and maintenance shall comply with the construction and
maintenance requirements of the Landlord in its sole and absolute discretion
including the construction requirements detailed in Schedule “B” to this Lease and
all applicable Ontario Building Code standards and by-laws of the municipality in
which the Leased Premises are located and any federal or provincial statutes, rules
or regulations; including specifically the Fire Protection and Prevention Act 1997,
S.O. 1997, c.4, and Ontario Regulation 213/07 the Ontario Fire Code and any
amendment thereto.
(f) prior to the commencement of construction, the Tenant shall submit, at its sole
cost, a site plan and drainage/grading plan which shall include, but not limited to,
the information required in this Article 7(5) of this Lease and the proposed floor
elevation, which all shall be subject to the approval of the Landlord;
(g) the Tenant agrees to maintain the lot grading during and after construction and
erection of the Hangar and shall comply with the lot grading and drainage
requirements of the Landlord at the sole cost of the Tenant;
(h) obtain all necessary permits, as applicable, at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and
maintenance and nothing in this Lease shall render the Landlord responsible for
any such costs.
(6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to
maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport.
Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and
uninterrupted access in, over, upon, across or through the Hangar apron area, defined as
18 metres wide and 21 metres from the front of the Hangar to the adjacent taxiway. The
Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times
and to pass and re-pass thereon as may be required by the Tenant, and its licensees,
successors, assigns, servants, agents, employees and contractors including all necessary
vehicles, equipment and machinery, from time to time, for the purposes of installing,
maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron
as approved by the Landlord in its sole and absolute discretion. Any cost of installing,
removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the
sole expense of the Tenant without contribution of the Landlord. The Tenant covenants
that it shall not conduct such work to the Hangar apron without first obtaining the consent
of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby
releases the Landlord from any and every claim which may or might arise out of the proper
exercise by the Tenant of any of the rights granted herein.
8. CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Applicable / Existing Hangar)
(1) The Tenant hereby undertakes to complete the work herein in accordance with the
timeframes set out in the Schedule “C” (the “Construction Schedule”). The Tenant shall
submit a proposed construction schedule which shall be subject to amendments and
approval by the Landlord and attached hereto as Schedule “C”. A variance to the
timeframes will only be allowed if approved in writing by the Landlord. Failure to comply
may result in the Tenant being in default of this Agreement and the Landlord may seek
remedy pursuant to this Agreement.
(2) The Landlord approved work shall be carried out by the Tenant in a proper and professional
manner so as to do as little damage or disturbance as possible to the Airport lands or the
Airport’s infrastructure. The Tenant shall repair and make good all damage and disturbance
that may be caused to the Airport lands or the Airport’s infrastructure, to the satisfaction of
the Landlord, acting reasonably, at the sole expense of the Tenant.
(3) During construction, the works to be carried out by the Tenant, shall be maintained in all
respects in a state of good repair by the Tenant, including keeping the site in a sound, neat,
safe and clean condition to the satisfaction of the Landlord. If the site is not kept in a state
of good repair, upon seven (7) business days written notice to the Tenant (or such shorter
time as may be required in the case of an emergency or other urgent matters or as
otherwise provided herein), the Landlord shall have the right to do any work necessary to
Page 240 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
6
fulfill this condition and all costs incurred by the Landlord shall be recovered from the
Tenant and may be recovered as Additional Rent.
9. REPAIR AND MAINTENANCE
(1) The Tenant covenants that during the term of this Lease and any renewal thereof, the
Tenant shall keep the Leased Premises and Hangar in good condition including all
alterations and additions made thereto, and shall, with or without notice, promptly make all
needed repairs and all necessary replacements as would a prudent owner. The Tenant
shall be responsible for all wear and tear to the Hangar and shall affect all repairs as
necessary. Save and accept the Landlord’s, or its agent’s, contractor’s and employee’s
negligence or intentional actions, at no time is the Landlord responsible for any repairs or
damage to the Hangar or the Leased Premises.
(2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the
Leased Premises including the Hangar to examine the condition thereof and view the state
of repair at reasonable times:
(a) and if upon such examination repairs are found to be necessary, written notice of
the repairs required shall be given to the Tenant by or on behalf of the Landlord
and the Tenant shall make the necessary repairs within the time specified in the
notice; and,
(b) if the Tenant refuses or neglects to keep the Leased Premises including the
Hangar in good repair the Landlord may, but shall not be obliged to, make any
necessary repairs, and shall be permitted to enter the Leased Premises and
Hangar, including by its servants or agents, for the purpose of effecting the repairs
without being liable to the Tenant for any loss, damage or inconvenience to the
Tenant in connection with the Landlord’s entry and repairs. If the Landlord makes
such repairs the Tenant shall pay the cost of them immediately as Additional Rent.
(3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease
the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state
of good repair and subject to the conditions contained in this Article 9(3). The Tenant may
remove the Hangar provided the Tenant places the Leased Premises back into a similar
condition as it was in prior to the construction of the Hangar even if the construction of the
Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of
Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent
whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on
the Hangar under the Personal Property Security Act and possession of the Hangar will
not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal
fees.
(4) The Tenant shall immediately give written notice to the Landlord of any substantial damage
that occurs to the Leased Premises including the Hangar from any cause.
(5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage,
including damage to property or personal injury, as a result of the Tenant’s use of the
Leased Premises, Airport or Property and the Tenant hereby waives any cause of action
in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges
that it shall not institute any claim or make any demand against the Landlord, or anyone
that may claim indemnity from the Landlord, for any personal injury or damage to property,
including aircraft, as a result of the Tenant’s use (including storage) of the Hangar, Airport
or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is
at its own risk.
(6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or
by statute as a result of any intentional or negligent acts of any other Tenant and/or user
of the Property and/or Airport, or their agents, contractors, invitees, customers or
employees that may cause death, personal injury or property loss to the Tenant or its
agents, customers, employees, contractors or invitees.
10. ALTERATIONS AND ADDITIONS
(1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make
any alterations or additions to the Leased Premises, including but not limited to; erecting
partitions, attaching equipment, and installing necessary furnishings or additional
equipment of the Tenant’s business but not including erecting a new hangar or any other
accessory building, the Tenant may do so at his own expense provided that any and all
alterations or additions to the Leased Premises made by the Tenant must comply with any
requirement of the Landlord including Schedule “B” and all applicable building code
standards and by-laws of the municipality in which the Leased Premises are located and
any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the
area of the Hangar subsequent to any addition or alteration.
Page 241 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
7
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions,
installations or improvements that any governing authority, municipal, provincial or
otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or
any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it
is located along the facade of the Hangar’s front and provided it complies with the
Landlord’s signage requirements and with all applicable laws, by-laws and regulations and
is in good workmanlike manner. No other sign, advertisement or notice shall be erected
unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary,
immediately to obtain the release or discharge of any encumbrance that may be registered
against the Landlord’s property in connection with any additions or alterations to the
Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all
additions or improvements made by the Tenant to the Leased Premises during the Term
and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises
any machinery, equipment or any other thing that might in the opinion of the Landlord, by
reason of its hazardous nature, weight, size or use, damage the Leased Premises or the
Property. If the Leased Premises or Property are damaged the Tenant shall restore the
Leased Premises or Property immediately or pay to the Landlord the cost of restoring the
Leased Premises or Property.
11. INSURANCE
(1) The Tenant covenants to keep the Landlord indemnified and save harmless the Landlord
at all times against all claims, suits, procedures, actions and demands (including but not
limited to all legal costs) whatsoever and howsoever arising by any person, entity or
corporation whether in respect of damage, loss or death to person or property, arising out
of or occasioned by the maintenance, use or occupancy of the Leased Premises, Airport
and Property or the subletting or assignment of same or any part thereof. And the Tenant
further covenants to indemnify the Landlord with respect to any encumbrance on or
damage to the Leased Premises occasioned by or arising from the act, default, or
negligence of the Tenant, its officers, agents, servants, employees, contractors,
customers, invitees or licensees. The Tenant agrees that the foregoing indemnity shall
survive the termination of this Lease notwithstanding any provisions of the Lease to the
contrary.
(2) The Tenant shall carry insurance in its own name insuring against the risk of damage to
the Tenant’s property and the Hangar within the Leased Premises caused by fire or other
perils.
(3) The Tenant shall carry such general liability and property damage insurance including
personal injury and property damage coverage with at least two million ($2,000,000.00)
dollars in limits of each occurrence with respect to the Leased Premises and Tenant’s
occupation of the Leased Premises. Such insurance policy shall contain no airport site
exclusion.
(4) All insurance policies in this Section 11 including this Article shall name the Landlord,
where applicable, as an insured and loss payee and the policy shall include a cross-liability
endorsement. All policies shall be applicable as primary insurance, taking precedence
over any other insurance protection owned by the Landlord. The Tenant shall insure that
each insurance policy contains a waiver of subrogation rights which the insurer may have
against the Landlord and the persons for whom is legally responsible.
(5) Upon demand of the Landlord, the Tenant shall provide a copy of any and all policies of
insurance including renewals and terms of such policies to the Landlord. If any policy of
insurance is canceled the Tenant shall inform the Landlord without delay of such
cancellation and shall obtain a replacement policy without delay on the same terms as set
out in this Section 11. Under no circumstances shall delivery of and review by the Landlord
of any certificate set forth or any insurance policy or any other proof of existence of the
insurance coverage release the Tenant of its obligations to take out insurance in strict
compliance with the present provisions or constitute a waiver in favour of the Tenant of any
of the Landlord's rights.
12. ACTS OF DEFAULT AND LANDLORD’S REMEDIES
(1) An Act of Default has occurred when:
(a) the Tenant has failed to pay Rent for a period of 45 consecutive days from the date
Page 242 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
8
that payment was required to be paid to the Landlord;
(b) the Tenant has breached its covenants or failed to perform any of its obligations
under this Lease for a period of 45 consecutive days and:
(i) the Landlord has given ten (10) days’ notice specifying the nature of the
default and the steps required to correct it; and,
(ii) the Tenant has failed to correct the default as required by the notice;
(c) the Tenant has:
(i) become bankrupt or insolvent or made an assignment for the benefit of
creditors;
(ii) had its property seized or attached in satisfaction of a judgment;
(iii) had a receiver appointed;
(iv) committed any act or neglected to do anything with the result that a
Construction Lien or other encumbrance is registered against the
Landlord’s property; or,
(v) taken action with a view to dissolution or liquidation;
(d) any required insurance policy is cancelled or not renewed by reason of the use or
occupation of the Leased Premises, or by reason of non-payment of premiums;
(e) the Leased Premises:
(i) has become vacant or remain unoccupied for a period of 180 consecutive
days. For the purposes of this section the Parties agree that the terms
“vacant and “unoccupied” shall mean no use or utilization of the Hangar
and/or no storage of necessary tools, implements or equipment in the
Hangar; or,
(ii) is used by any other person or persons, or for any other purpose than as
provided for in this Lease without the written consent of the Landlord;
(f) failure to install or remedy faulty work,
if, in the opinion of the Landlord the Tenant:
i. is not proceeding or causing to be proceeded the works required in
connection with this Agreement within thirty (30) days’ of notice given; or
ii. is improperly performing the works; or
iii. has neglected or abandoned before the completion, or unreasonably
delayed the same, so that conditions of this Agreement are being violated or
carelessly executed or being carried out in bad faith; or
iv. has neglected or refused to renew or again perform such work as may be
rejected by the Landlord as defective or unsuitable; or
v. has defaulted performance of the terms and conditions of this agreement;
then, in any such instance, the Landlord shall promptly notify the Tenant, in writing, of such
default or neglect and if such notification be without effect within ten (10) business days
after such notice, the Landlord shall thereupon have full authority and power to purchase
materials and employ workers and machines for the proper completion of the works at the
cost and expense of the Tenant. The cost of such work shall be calculated by the Landlord
whose decision shall be final and be paid to the Landlord by the Tenant on demand. Should
payment not be received following the issuance of an invoice from the Landlord, the
Landlord shall collect same as Additional Rent in addition to any other remedy available to
the Landlord.
It is further understood and agreed between the parties hereto that such entry upon the
Premise shall be as an agent for the Tenant and shall not be deemed, for any purposes
whatsoever, as an acceptance of the works by the Landlord.
(2) When an Act of Default on the part of the Tenant has occurred:
(a) the current year’s Rent together with the next years’ Rent shall become due and
payable immediately; and,
(b) the Landlord shall have the right to terminate this Lease and to re-enter the Leased
Premises and deal with them as it may choose.
(3) If, because an Act of Default has occurred, the Landlord exercises its right to terminate this
Lease and re-enter the Leased Premises prior to the end of the Term, the Tenant shall
nevertheless be liable for payment of Rent and all other amounts payable by the Tenant
in accordance with the provisions of the Lease until the Landlord has re-let the Leased
Premises or otherwise dealt with the Leased Premises in such manner that the cessation
of payments by the Tenant will not result in loss to the Landlord and the Tenant agrees to
be liable to the Landlord, until the end of the Term of this Lease for payment of any
difference between the amount of Rent hereby agreed to be paid for the Term hereby
granted and the Rent any new Tenant pays to the Landlord.
Page 243 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
9
(4) If when an Act of Default has occurred, the Landlord chooses not to terminate the Lease
and re-enter the Leased Premises, the Landlord shall have the right to take any and all
necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs
of such rectification to the Tenant and to recover the costs as Rent.
(5) If, when an Act of Default has occurred, the Landlord chooses to waive its right to exercise
the remedies available to it under this Lease or at law the waiver shall not constitute
condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against
the Landlord to prevent his exercising his remedies with respect to a subsequent Act of
Default. No covenant, term, or condition of this Lease shall be deemed to have been
waived by the Landlord unless the waiver is in writing and signed by the Landlord.
13. TERMINATION UPON NOTICE AND AT END OF TERM
(1) If the Leased Premises and/or Property are subject to an Agreement of Purchase and Sale:
(a) The Landlord shall have the right to terminate this Lease, notwithstanding that the
Term has not expired, by giving ninety (90) days’ notice (the “Notice”) in writing to
the Tenant and, at the Tenant’s option, the Landlord shall pay to the Tenant the
fair market value for the Hangar or the Tenant agrees to remove the Hangar and
comply with Articles 9(3) and 10(5) of this Lease. Upon expiry of the Notice the
Tenant shall provide vacant possession of the Leased Premises provided the
Landlord pays to the Tenant a bonus of $500.00. For the purposes of this Article
and Articles 13(3) and 13(4) fair market value shall be determined as of the date
of the issuing of the Notice.
(2) If the Tenant remains in possession of the Leased Premises after termination of this Lease
as aforesaid and if the Landlord then accepts Rent for the Leased Premises from the
Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the
Landlord shall create a monthly tenancy only but the tenancy shall remain subject to all the
terms and conditions of this Lease except those regarding the Term. The Parties agree
that if the Term is not renewed then upon expiry of the Term or if the Tenant is an
overholding tenant then either Party may terminate the lease upon sixty (60) days written
notice to the other party and the Tenant shall comply with Articles 9(3) and 10(5) of this
Lease.
(3) Other than a termination of this Lease in accordance with Article 13(1) of this Lease, the
Landlord shall, at any time and notwithstanding that the Term has not expired, have the
unqualified right to terminate this Lease upon one year’s prior written notification (the
“Notice”) if the Leased Premises are required for any reason or purpose of the Landlord in
which event the Landlord shall pay to the Tenant the fair market value for the Hangar, if
erected by the Tenant, unless the Tenant agrees to remove the Hangar and comply with
Articles 6(3) and 7(5) of this Lease, and the Tenant shall provide such vacant possession
upon the expiry of the Notice provided the Landlord pays to the Tenant a bonus of $500.00.
(4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease
the lease shall be renewed upon such conditions and terms as agreed between the Parties.
The Parties further agree that although it is their mutual intention to renew the lease
nevertheless either party may decide not to renew the lease for any reason. The Parties
acknowledge that upon such renewal all terms and conditions shall be negotiated between
the Parties. If the Parties do not renew this Lease then the Parties agree that the Landlord
shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The
Tenant covenants that it will not sell the Hangar, or any part thereof, to any person, firm or
corporation, without first providing the Landlord to exercise its Option as set out in the terms
of this paragraph. Upon the Tenant receiving a bona fide offer in writing (the “Third Party
Offer”) the Tenant shall deliver to the Airport Office, 244411 Airport Road, Township of
South-West Oxford, Ontario, a copy of the Third Party Offer and the Landlord shall have
twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer
to exercise the Option to match the Third Party Offer. If the Landlord exercises its option
in the Notice Period then it must inform the Tenant at the Property in writing that it will
purchase the Tenant’s interest in the Hangar on the same terms and conditions, or more
favourable terms to the Tenant at the Landlord’s discretion, as contained in the Third Party
Offer (the “Landlord’s Offer”). If the Landlord exercises its Option in the Notice Period then
the Tenant must sell the Hangar to the Landlord upon the terms and conditions as
contained in the Landlord’s Offer. If the Landlord does not exercise its option in the Notice
Period then the Tenant shall be at liberty to accept the Third Party Offer provided that there
are no modifications to the Third Party Offer. If any modifications are made to the Third
Party Offer then the Landlord shall be permitted to exercise its option pursuant to the terms
of this paragraph. For the purpose of this paragraph, if the Tenant is a corporation, the
word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale
or disposition of the corporate shareholding of the Tenant by the person or persons who,
at the date of the commencement of the lease holds or hold a majority of the corporate
shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree
that prior to the expiry of this Lease if the Tenant seeks to assign this Lease to a third party
Page 244 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
10
then the Landlord will agree to examine a proposal to extend the term of this Lease
however nothing in this paragraph shall require the Landlord to accept any amendment of
the term or new term.
14. ACKNOWLEDGMENT BY TENANT
(1) The Tenant agrees that it will at any time or times during the Term, upon being given at
least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a
statement in writing certifying:
(a) that this Lease is unmodified and is in full force and effect (or if modified
stating the modifications and confirming that the Lease is in full force and
effect as modified);
(b) the amount of Rent being paid;
(c) the dates to which Rent has been paid;
(d) other charges payable under this Lease which have been paid;
(e) particulars of any prepayment of Rent or security deposits; and,
(f) particulars of any sub tenancies.
15. SUBORDINATION AND POSTPONEMENT
(1) This Lease and all the rights of the Tenant under this Lease are subject and subordinate
to any and all charges against the land, buildings or improvements of which the Leased
Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or
any other form of charge arising from the financing or re-financing, including extensions or
renewals, of the Landlord’s interest in the Property.
(2) Upon the request of the Landlord the Tenant will execute any form required to subordinate
this Lease and the Tenant’s rights to any such charge, and will, if required, attorn to the
holder of the charge.
(3) No subordination by the Tenant shall have the effect of permitting the holder of any charge
to disturb the occupation and possession of the Leased Premises by the Tenant as long
as the Tenant performs his obligations under this Lease.
16. RULES AND REGULATIONS
The Tenant agrees on behalf of itself and all persons entering the Leased Premises with the
Tenant’s authority or permission to abide by such reasonable rules, standards and regulations of
the Airport and/or Property which shall form part of this Lease and as the Landlord may make
and/or amend from time to time.
17. NOTICE
(1) Any notice required or permitted to be given by one party to the other pursuant to the terms
of this Lease may be given
To the Landlord at:
Tillsonburg Regional Airport
Attn: Airport Administrator
244411 Airport Rd
South-West Oxford, On
N4G 4H1
Fax: 519-842-3445
To the Tenant at the Leased Premises or at:
Tillsonburg Flying School
ATTN: Don Huras
17 Ann St, Ingersoll, ON, N5C 2E9
(2) The above addresses may be changed at any time by giving ten (10) days written notice.
(3) Any notice given by one party to the other in accordance with the provisions of this Lease
shall be deemed conclusively to have been received on the date delivered if the notice is
served personally or seventy-two (72) hours after mailing if the notice is mailed.
18. REGISTRATION
The Tenant shall not at any time register notice of or a copy of this Lease on title to the Property of
Page 245 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
11
which the Leased Premises form part without consent of the Landlord.
19. INTERPRETATION
(1) The words importing the singular number only shall include the plural, and vice versa, and
words importing the masculine, feminine or neutral gender shall include the other genders,
and words importing persons shall include firms and corporations and vice versa.
(2) Unless the context otherwise requires, the word “Landlord” and the word “Tenant” wherever
used herein shall be construed to include the executors, administrators, successors and
assigns of the Landlord and Tenant, respectively.
(3) When there are two or more Tenants bound by the same covenants herein contained, their
obligations shall be joint and several.
20. MISCELLANEOUS
(1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in
common and unreserved.
(2) If a dispute should arise between the Parties in the interpretation of this Agreement then
both parties agree that such dispute shall be referred to binding arbitration and be bound
by the result of such arbitration. The terms, form and procedure of the arbitration shall be
in accordance with the Arbitration Act or any successor legislation. The parties further
agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to
award costs of the arbitration. This clause shall not apply if the Tenant is in default under
the terms of the Lease which include but are not limited to:
(a) its obligations to pay Rent, Base Rent and/or Additional Rent;
(b) non-repair or maintenance of the Leased Premises;
(c) subleased the Leased Premises without the authorization of the Landlord,
acting reasonably;
(d) changed its use of the Leased Premises; or,
(e) used the Leased Premises in any manner contrary to Article 7.
(3) In the event that any clause herein should be unenforceable or be declared invalid for any
reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or
validity of the remaining portions of the covenants and such unenforceable or invalid
portions shall be severable from the remainder of this Lease.
(4) This Lease shall be construed and enforced in accordance with the laws of the Province of
Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford,
Ontario.
(5) The Tenant hereby agrees that it has had an opportunity to review the terms of this Lease
and seek independent legal advice.
(6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed
that the court or arbitrator interpreting or construing the same shall not apply a presumption
that the terms thereof shall be more strictly construed against one party by reason of the
rule of construction that a document is to be construed more strictly against the party who
itself or through its agent prepared the same, it be agreed that both parties have
participated in the preparation hereof.
(7) This Lease and it’s schedules constitutes the entire agreement between the Parties hereto
pertaining to the subject matter hereof and supersedes all prior and contemporaneous
agreements, understandings, negotiations and discussions, whether oral or written, of the
parties and there are no warranties, representations or other agreements between the
Parties in connection with the subject matter hereof, except as specifically set forth herein.
No supplement, modification, waiver or termination of this Lease shall be binding unless
executed in writing by the Parties.
(8) The Tenant agrees that it has not relied upon any representation, promise or warranty of
the Landlord with respect to the condition of the Leased Premises, Hangar or any
representation or promise of the Landlord to repair, renovate or otherwise alter the Leased
Premises in any manner prior to or after commencement of the Term. The Parties agree
that the Leased Premises are being offered to the Tenant in an “as is” condition. The
Tenant shall not call on or demand the Landlord to perform any repairs or renovations prior
to or after it obtains possession. The Tenant acknowledges that it has performed its own
due diligence in establishing the state of repair of the Leased Premises including the
Hangar.
Page 246 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
12
In Witness of the foregoing covenants the Landlord and the Tenant have executed this Lease.
__________________________________
Landlord
Deb Gilvesy, Mayor
The Corporation of the Town of Tillsonburg
__________________________________
Landlord
Kyle Pratt, Chief Administrative Officer
The Corporation of the Town of Tillsonburg
We have authority to bind the Corporation.
Per:
____________________ _________________________
Witness Name
Tenant
Page 247 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
13
Schedule “A”
THE “LEASED PREMISES”
Taxiway G1 Lot 2
Page 248 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
14
SCHEDULE “B” (Not Applicable / Existing Hangar)
CONSTRUCTION REQUIREMENTS
Page 249 of 280
Landlord’s Initials __________ Tenant’s Initials
__________
15
SCHEDULE “C” (Not Applicable / Existing Hangar)
Page 250 of 280
THIS AGREEMENT made the 31st day of October 2022
BETWEEN
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Landlord”)
AND
2664165 Ontario Ltd
ATTN: Jeff Howe
(the “Present Tenant”)
AND
Tillsonburg Flying School
ATTN: Don Huras
(the “New Tenant”)
WHEREAS: the Landlord owns all and singular that certain parcel or tract of land and premises
situated lying and being in the Township of South West Oxford in the County of Oxford, being
compromised of:
PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT
1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545;
S/T 406551; SOUTH-WEST OXFORD;
PIN: 00016-0089 (LT); LRO #41;
municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1;
referred to herein as the “Premises” upon which is located at the Tillsonburg Airport which is
owned and operated by the Landlord.
AND WHEREAS: By a lease made as of Date of Lease (By-law 4320) (the “Present Lease”), a
copy of which is attached hereto as Schedule “A”, the Landlord leased to the Present Tenant the
lands (the “Leased Premises”) more fully described in the Present Lease and comprising
approximately _3600 square feet subject to the terms and conditions set forth in the Present
Lease;
AND WHEREAS: The Landlord and the Tenant have agreed that the Present Lease dealing
with the Leased Premises shall be terminated and the Present Lease will be at an end October
31, 2022 (the “Termination Date”), on and subject to the terms and conditions contained herein;
AND WHEREAS: the termination of the Present Lease is conditional on the New Tenant, as
that term is defined herein, the Present Tenant, and the Landlord entering into a lease for the
Leased Premises in the form attached hereto as Schedule “B” (the “New Lease”);
NOW THEREFORE in consideration of the covenants and agreements herein set forth and
provided for, the sum of two dollars ($2.00) paid by each Party to the other and other good and
valuable consideration, the receipt and sufficient of which is hereby acknowledged, the Parties
hereto respectively covenant and agree as follows:
1.0 Termination of Present Lease
1.1 Subject to the provisions of section 1.5, the term of the Present Lease shall be fully
completed and ended with effect from and after the Termination Date and the Present Lease is
hereby amended accordingly.
1.2 On or before the Termination Date the Tenant shall, unless otherwise agreed to in writing
with the New Tenant and the Landlord, remove from the Leased Premises, all furniture,
Page 251 of 280
equipment (including wiring and related devices), fixtures, other personal property and any
leasehold improvements which the Landlord requires it to remove, and shall repair any damage
caused to the Leased Premises as a result of such removal, all at the Present Tenant’s expense.
The Present Tenant’s obligation to observe and perform this covenant shall survive the
Termination Date. Any personal property of the Present Tenant remaining at the Leased
Premises after the Termination Date shall, at the Landlord’s option, become the Landlord’s
property and may, in any case, be removed, stored or disposed of by the Landlord as it sees fit at
the Present Tenant’s expense.
1.3 The Present Tenant hereby remises, releases and forever discharges the Landlord, with
effect as and from the Termination Date, of and from all manner of actions, causes of action,
suits, debts, duties, accounts, covenants, contracts, claims and demands whatsoever which the
Present Tenant now has or can, shall or may hereafter have against the Landlord arising out of or
under or by virtue of the Present Lease, except as expressly set out herein.
1.4 The termination provided for hereunder is conditional upon the Landlord, the New Tenant
and the Present Tenant entering into the New Lease. If the New Lease is not executed by all
parties prior to the Termination Date, this Agreement shall be deemed to have been terminated
and the Present Lease shall continue in full force and effect and without amendment.
1.5 Notwithstanding any termination of the Present Lease, the Present Tenant shall continue
to be responsible to the Landlord for all amounts in arrears under the Present Lease, all damage
to the Premises, and for all charges and expenses incurred by or on behalf of the Landlord with
respect to such default including, without limitation, all legal, bailiff’s and other professional
fees.
2.0 Creation of New Lease
2.1 Subject to the terms and conditions herein, from and after the Termination Date the
parties agree that the Present Lease shall be, and shall be deemed to have been, terminated and
the New Lease shall be immediately in effect.
2.2 The parties agree that the Landlord shall be entitled to enter upon the Leased Premises,
including any building thereon, at any time during the currency of the Present Lease and the
New Lease to carry out such tests and inspections in and on the Leased Premises as it reasonably
deems necessary.
2.3 The New Tenant has, and shall be deemed to have, relied upon its own inspections of the
Premises and not relied upon any representations or warranties or the Landlord in entering into
this Agreement or the New Lease.
2.4 The New Tenant shall pay the Landlord’s reasonable legal costs, including fees,
disbursements and HST, associated with the preparation of this Agreement and the New Lease
within 30 days of the Landlord’s presentation of invoices to the New Tenant, which invoices
may be redacted to remove privileged and confidential information.
3.0 General
3.1 The Landlord represents and warrants that it has the right, full power and authority to
enter into this Agreement and to perform its obligations hereunder, that it has not assigned or
encumbered its interest in the Lease and that no consent from any mortgagee or other party is
required.
3.2 All notices required or permitted to be given hereunder shall be in writing and delivered
or sent by prepaid registered mail to the address of the intended recipient set forth below or at
such other address as may from time to time be notified by the Landlord or the Tenant in
writing.
Page 252 of 280
To the Landlord at: The Corporation of the Town of Tillsonburg
Attention: Director of Operations and Development
200 Broadway Street
Tillsonburg, Ontario N4G 5A7
To the New Tenant at: Tillsonburg Flying School
ATTN: Don Huras
17 Ann St, Ingersoll, ON, N5C 2E9
3.3 Each party shall promptly do, execute, deliver or cause to be done, executed and
delivered all further acts, documents and things in connection with this Agreement that the
other party or parties thereto may reasonably require for the purpose of giving effect to this
Agreement and carrying out its provisions and completing the transactions contemplated by
this Agreement.
3.4 Unless the context otherwise requires, words importing the singular in number only
shall include the plural and vice versa, words importing the use of gender shall include the
masculine, feminine and neuter genders, and words importing persons shall include
individuals, corporations, partnerships, associations, trusts, unincorporated organizations,
governmental bodies and other legal or business entities. If this Agreement has been executed
by more than one party as Tenant, their obligations hereunder shall be joint and several, and
all references to the “Tenant” herein shall refer to all such parties, as the context requires.
3.5 Delivery of an executed copy of a signature page to this Agreement by electronic
transmission shall be effective as delivery of an original executed copy of this Agreement, and
each party hereto undertakes to provide each other party with a copy of the Agreement bearing
original signatures forthwith upon demand.
3.6 The rights and liabilities of the parties shall ensure to the benefit of their respective
legal representatives, heirs, executors, administrators, successors and assigns, as the case may
be.
3.7 The Parties covenant and agree that all provisions, terms and conditions contained in
this Agreement shall not merge upon completion of this Agreement.
3.8 The parties acknowledge and agree that they enter into this Agreement out of their
own volition, and that they have not been induced to sign this Agreement by any
representation or warranty. This Agreement, inclusive of its schedules constitutes the entire
Agreement between the parties with respect to the subject matter hereof and cancels and
supersedes any prior understandings, undertakings, representations, warranties, terms,
conditions and agreements, whether collateral, express, implied or statutory, between the
parties.
3.9 The parties acknowledge that they have obtained independent legal advice
concerning the content of this Agreement or that they have had the opportunity to obtain
independent legal advice and chosen not to do so.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement.
THE CORPORATION OF THE TOWN OF
TILLSONBURG
_________________________________________
Deb Gilvesy, Mayor
I have authority to bind the corporation.
Page 253 of 280
_________________________________________
Kyle Pratt, Chief Administrative Office
I have authority to bind the corporation.
PRESENT TENANTS
______________________ _________________________________________
Witness Jeff Howe
Owner: 2664165 Ontario Ltd
NEW TENANTS
______________________ _________________________________________
Witness Don Huras
Owner, Tillsonburg Flying School
Page 254 of 280
Page 255 of 280
Page 256 of 280
Page 257 of 280
Page 258 of 280
Page 259 of 280
Page 260 of 280
Page 261 of 280
Page 262 of 280
Page 263 of 280
Page 264 of 280
Page 265 of 280
Page 266 of 280
Page 267 of 280
Page 268 of 280
Page 269 of 280
Page 1 of 3
Subject: RFP 2023-012 – Lease of Agricultural Land at the Tillsonburg Airport
Report Number: OPD -24-010
Department: Operations and Development Department
Submitted by: Richard Sparham, Manager of Public Works
Meeting Type: Council Meeting
Meeting Date: Monday, February 12, 2024
RECOMMENDATION
A. THAT report titled RFP 2023-012 – Lease of Agricultural Land at the Tillsonburg
Airport be received as information; and
B. THAT Council award RFP 2023-012 – Lease of Agricultural Land at the
Tillsonburg Airport to Glencar Farms, at a sum of $138,800 per annum for a
three-year term;
C. AND THAT a By-law authorizing Mayor and Clerk to execute the Agricultural
Land Lease Agreement with Glencar Farms be brought forward for Council
consideration.
BACKGROUND
The current five-year land lease agreement at the Tillsonburg Regional Airport ended in
2023. Staff advertised a Request for Proposal (RFP), RFP 2023-012, on December
18th, 2023 and closed on January 18th, 2024 to lease approximately 347 acres of farm
land surrounding the Tillsonburg Regional Airport
Bidders were invited to submit proposals to lease the available land for agricultural
purposes for a three-year term. The RFP was advertised on the Tillsonburg website,
the Tillsonburg News and Bids & Tenders. Staff received a total of ten (10) proposals.
Town staff reviewed and scored the proposals based on the scoring tool that was
included in the RFP. The scoring tool is as follows:
Previous Experience 20 pts
Planned Crops and Use of Land 20 pts
Other Value Added Factors 10 pts
Financial Factor (i.e. lease revenue) 50 pts
Total Score 100 pts
Page 270 of 280
OPD -24-010
Page 2 of 3
DISCUSSION
The proposed annual rent of the proposals received varied from $79,810 to $138,800
for a 3-year term. The scoring results from the Evaluation Committee are summarized
below.
Proponent Location Total Score
Glencar Farms Stratford, ON 93
1950587 Ontario Ltd Fisherville, ON 83.75
Rosati Farms Inc Hagersville, ON 83.125
Oxford Elginstead Farms Inc Mount Elgin, ON 81.75
Friesiana Holsteins Ltd Tillsonburg, ON 80.375
Maple Creek Pork Ltd La Salette, ON 77.625
Maat Farms Inc. Tillsonburg, ON 75.75
Davis Land And Grain Inc. Tillsonburg, ON 73.25
Steenholl Dairy Farms Ltd Norwich, ON 72.25
Winfield Contracting Inc. Jarvis, ON 69.375
Glencar Farms. was the highest scoring proposal submitted, have strong background
and experience, and offer the greatest value added benefits over the three-year term
of performing tree line trimming and other regular maintenance. Therefore, it is staff’s
recommendation that Glencar Farms be retained for the three-year term.
CONSULTATION
The Evaluation Committee comprised of the Manager of Public Works, Director of
Operations and Development and the Manger of Revenue. Additionally staff has
met/consulted with the Town’s Development Commissioner.
FINANCIAL IMPACT/FUNDING SOURCE
In comparison to the previous bid of approximately $260/ac, the current bid of $400/ac
will result in an additional $48,580 of revenue at the airport each year within the term of
the contract.
Also, there is an additional 56.7 acres of land currently under long-term lease. The
terms of that agreement stipulate that the rental rate match current market rate for
Page 271 of 280
OPD -24-010
Page 3 of 3
Airport agricultural lands as determined through a competitive process and as such will
generate additional revenue of approximately $7,940.
As a result the total amount of agricultural leased land of 403.7 acres at the Airport will
generate a total revenue of approximately $161,480 per annum for the three-year
term.
Furthermore, as condition of the RFP and agreement, the successful proponent is
responsible to pay all property taxes (2023) associated with the agricultural land lease.
This will result in a decrease in the Town’s expenditures, including the long-term land
leases, of approximately $14,750.
CORPORATE GOALS
☐ Lifestyle and amenities
☐ Customer service, communication and engagement
☐ Business attraction, retention and expansion
☐ Community growth
☒ Connectivity and transportation
☐ Not Applicable
Does this report relate to a specific strategic direction or project identified in the
Community Strategic Plan? Please indicate section number and/or any priority projects
identified in the plan.
Goal – Tillsonburg residents and businesses will be connected to each other, regional
networks, and the world through effective traditional and digital infrastructure.
Strategic Direction – Leverage the municipal airport more effectively to increase
access, visibility and business activity in Tillsonburg.
Priority Project – Immediate Term – Airport Master Plan and implementation
ATTACHMENTS
N/A
Page 272 of 280
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-011
A BY-LAW to Authorize a Share Purchase Agreement with Redling Farms Ltd.
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and
expedient to enter into an Share Purchase Agreement to acquire a corporation and its
assets; namely, approximately 140 acres of land.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That the agreement attached hereto as Schedule A forms part of this by-law;
2. That the authorization is hereby given for the sale of those lands and the Mayor
and the Clerk be hereby authorized to execute agreements related to this sale on
behalf of the Corporation of the Town of Tillsonburg; and
3. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 273 of 280
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-012
A BY-LAW to Authorise an Offer to Purchase from Edwin McLaughlin Holdings
(2014) Ltd., as co-purchaser.
WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and
expedient to enter into an agreement of purchase and sale of those lands described as
part of Part 1, Plan 37R-352, and sketched as “Subject Lands” in Schedule B to the
agreement;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That the agreement attached hereto as Schedule A forms part of this by-law;
2. That the authorization is hereby given for the purchase of those lands described
as part of Part 1, Plan 37R-352, and sketched as “Subject Lands” in Schedule B
to the agreement;
3. That the Mayor and the Clerk be hereby authorized to execute agreements
related to this sale on behalf of the Corporation of the Town of Tillsonburg; and
4. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 274 of 280
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-013
A BY-LAW to Adopt a Personnel Policy.
WHEREAS Section 270(1) of the Municipal Act, 2001, states that a municipality shall
adopt and maintain policies with respect to the manner in which the municipality will try
to ensure that it is accountable to the public for its actions, and the manner in which the
municipality will try to ensure that its actions are transparent to the public;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That the Personnel Policy attached hereto as “Schedule A” is hereby adopted
and forms part of this by-law;
2. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 275 of 280
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-014
A BY-LAW to enter into an airport hangar land lease agreement with Tillsonburg
Flying School (Don Huras) for Taxiway G1-2, and to repeal By-Law 4320.
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an
airport hangar land lease agreement with Tillsonburg Flying School (Don Huras) for
Taxiway G1 Lot 2 at the Tillsonburg Regional Airport;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That the lease agreement attached hereto forms part of the by-law; and
2. That the Mayor and the CAO be hereby authorized to execute the attached lease
agreement on behalf of the Corporation of the Town of Tillsonburg; and
3. That By-Law 4320 be repealed; and
4. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 276 of 280
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2024-015
A BY-LAW to authorize a land lease agreement between the Town of Tillsonburg
and Glencar Farms for agricultural purposes.
WHEREAS the Town of Tillsonburg is desirous of entering into a lease agreement with
Glencar Farms for parts of the lands described as 244411 Airport Road;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the lease agreement attached hereto as Schedule “A” forms part of this
By-Law;
2. That the Mayor and Clerk be hereby authorized to execute the attached
agreement marked as Schedule “A” on behalf of the Corporation of the Town of
Tillsonburg; and
3. That this By-Law shall come into full force and take effect after the final passing
hereof.
READ A FIRST AND SECOND TIME THIS 12th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of FEBRUARY,
2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 277 of 280
Page 1 of 2
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-017
A BY-LAW to appoint Directors to the Board of Management of the Tillsonburg
Business Improvement Area (BIA), hereby established by the Corporation of the
Town of Tillsonburg.
WHEREAS the Council of the Town of Tillsonburg passed By-Law 2013 on December
13, 1977, to designate an improvement area within the Downtown of the Town of
Tillsonburg;
AND WHEREAS the Council of the Town of Tillsonburg passed By-Law 3180 on
October 24, 2005, to enlarge the area designated as an improvement area;
AND WHEREAS Section 204(3) of the Municipal Act, S.D. 2001 Chapter 25 provides
that the Board of Management for the improvement area shall be composed of one or
more directors appointed by the municipality and the remaining directors selected by a
vote of the membership of the improvement area and appointed by the municipality;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That a Board of Management be and is hereby established for the Business
Improvement Area in the Town of Tillsonburg as designated by By-Law 3180 and
shall be comprised of one (1) member of Town Council, and members of the BIA
selected by a vote of the membership of the improvement area.
2. That the Board of Management shall add the following members:
Carl Heutinck
Holly Vallee
Allison Biggar
3. That By-Law 2023-017 shall be amended.
4. That this by-law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 12th day of February, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of February, 2024.
Page 278 of 280
By-Law 2023-034
Page 2 of 2
___________________________
MAYOR – Deb Gilvesy
______________________________
DEPUTY CLERK – Julie Ellis
Page 279 of 280
Page 1 of 1
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2023-016
A BY-LAW to confirm the proceedings of Council at its meeting held on FEBRUARY 12,
2024.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of
a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of
Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg
as follows:
1. All actions of the Council of the Corporation of the Town of Tillsonburg at its meeting
held on February 24, 2024, with respect to every report, motion, by-law, or other action
passed and taken by the Council, including the exercise of natural person powers, are
hereby adopted, ratified and confirmed as if all such proceedings were expressly
embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to give
effect to the action of the Council of The Corporation of the Town of Tillsonburg referred
to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of the Corporation of the Town of
Tillsonburg.
4. That this By-Law shall come into force and take effect on the date it is passed.
READ A FIRST AND SECOND TIME THIS 24th day of FEBRUARY, 2024.
READ A THIRD AND FINAL TIME AND PASSED THIS 24th day of FEBRUARY, 2024.
___________________________
MAYOR – Deb Gilvesy
______________________________
CLERK – Tanya Daniels
Page 280 of 280