01 - January 9, 2024 County Council Agenda PackageElgmCounty
Elgin County Council
Regular Council Meeting
Orders Of The Day
Tuesday, January 9, 2024, 9:00 a.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
Note for Members of the Public:
Please click the link below to watch the Council Meeting:
https://www.facebook.com/ElginCountyAdmin/
Accessible formats available upon request.
Pages
1. Call to Order
2. Adoption of Minutes 4
3. Disclosure of Pecuniary Interest and the General Nature Thereof
4. Presenting Petitions, Presentations and Delegations
5. Committee of the Whole
6. Reports of Council, Outside Boards and Staff
6.1
Warden Ketchabaw - Warden's Activity Report (December 2023)
13
6.2
Warden Ketchabaw - 2024 Council Committee Appointments
15
6.3
Acting Manager of Planning - PS 24-1 County Official Plan Review; Final
19
Draft of Official Plan
6.4
Acting Manager of Planning - PS 24-2 Application for Draft Plan of
117
Subdivision
6.5
Acting Manager of Planning - PS 24-3 Application for Draft Plan of
133
Subdivision, 4000-4324 Thomas Road, Township of Southwold
6.6
Acting Manager of Planning - PS 24-4 Municipality of Bayham OPA No.
149
35, Part of Lot 3, Concession 1, Municipality of Bayham, 53921 Nova
Scotia Line
6.7
Director of Homes and Seniors Services - Homes — Amendment of Multi-
157
Sector Service Accountability Agreement
6.8
Director of Homes and Seniors Services - Homes — Meals on Wheels
175
Agreement — Elgin and WECHC
6.9
Director of Financial Services/Treasurer - Budget Software Solution —
190
Contract Award
7.
a
6.10 Director of Human Resources - 2024 Non -Union Economic Adjustment
recommendation
6.11 Director of Engineering Services - Sale of Surplus Property — 8776
Centennial Road
6.12 Director of Legal Services - LS 24-1, Delegation of Authority By -Law
6.13 Director of Legal Services - LS 24-2 — Indemnification By -Law
Council Correspondence
7.1 Items for Consideration
7.2 Items for Information (Consent Agenda)
7.2.1 Laura Sherwood, Interim Executive Director, Hospice of Elgin
with an update on the Hospice of Elgin project.
7.2.2 Elgin County Town Crier's Report to County Council 2023
7.2.3 Notice of Completion - Highway 401 and Highway 4 (Colonel
Talbot Road) Interchange Reconfiguration & Highway 4
(Colonel Talbot Road) and Glanworth Drive Bridge
Replacements
7.2.4 Letter from Eat 2 Learn President and Community Coordinator/
Liaison regarding the status of the Eat 2 Learn program in Elgin -
St. Thomas.
7.2.5 St. Thomas -Elgin Local Immigration Partnership Immigrant
Survey Report 2023
7.2.6 Resolution from the Municipality of Grey Highlands petitioning
the Ontario Government to reduce red tape for more cost-
effective, timely energy connections in Ontario.
7.2.7 Letter from the Mayor of the Municipality of Chatham -Kent
requesting that the Ministry of Transportation expedite the
concrete median barrier installation along Highway 401 (Tilbury
to London).
7.2.8 Resolution from Conmee Township lobbying the Provincial
Government to amend the Municipal Act and Municipal
Elections Act to prohibit people with a criminal record from
becoming a candidate in municipal elections or holding office on
municipal councils.
Other Business
8.1 Statements/Inquiries by Members
8.2 Notice of Motion
8.3 Matters of Urgency
Closed Meeting Items
9.1 Closed Meeting Minutes - December 6, 2023
9.2 Director of Engineering Services - Potential Disposition of Land
223
227
230
247
259
261
265
267
268
321
323
325
Page 2 of 347
Municipal Act Section 239 (2) (c) a proposed or pending acquisition or
disposition of land by the municipality or local board.
9.3 Warden Ketchabaw and Director of Legal Services - Boundary
Adjustment Matter (verbal)
Municipal Act Section 239 (2) (h) information explicitly supplied in
confidence to the municipality or local board by Canada, a province or
territory or a Crown agency of any of them.
10. Motion to Rise and Report
11. Motion to Adopt Recommendations from the Committee of the Whole
12. Consideration of By -Laws
12.1 By -Law No. 23-43 Indemnification 327
12.2 By -Law No. 23-44 Delegation of Authority 334
12.3 By -Law No. 24-01 Committee By -Law Amendment 344
12.4 By -Law No. 24-02 Confirmation 347
13. Adjournment
Page 3 of 347
ELGIN COUNTY COUNCIL
I►TAIIR411*y
Annual Warden's Election
December 5, 2023, 7:00 p.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
Members Present: Councillor Ed Ketchabaw
Councillor Grant Jones
Councillor Dominique Giguere
Councillor Mark Widner
Councillor Jack Couckuyt
Councillor Andrew Sloan
Councillor Todd Noble
Councillor Mike Hentz
Councillor Richard Leatham
Staff Present: Don Shropshire, Chief Administrative Officer/Clerk
Brian Masschaele, Director of Community & Cultural Services
Amy Thomson, Director of Human Resources
Michele Harris, Director of Homes and Seniors Services
Jennifer Ford, Director of Financial Services/Treasurer
Nicholas Loeb, Director of Legal Services
Peter Dutchak, Director of Engineering Services
Jenna Fentie, Manager of Administrative Services/Deputy Clerk
Alexis Leitch, Manager of Financial Services
Carolyn Krahn, Manager of Economic Development, Tourism &
Strategic Initiatives
Stefanie Heide, Legislative Services Coordinator
CALL TO ORDER
Elgin County Council met this 5th day of December, 2023 at 7:00 p.m. The Chief
Administrative Officer/Clerk presided as Chair of the meeting in accordance with
Council's Procedural By -Law No. 19-41, as amended by By -Law No. 21-42.
2. ELECTION OF WARDEN
The Chief Administrative Officer/Clerk asked Members of Council wishing to run
for the Office of the Warden to stand. Councillor Jones and Councillor Ketchabaw
offered their candidacy for the position of Elgin County Warden for 2024.
Each candidate was offered the opportunity to address Council for up to five
minutes.
Voting was done by secret ballot and ballots were counted by the Chief
Administrative Officer/Clerk in the presence of Rob Foster from Graham Scott
Enns who had been appointed by the Chief Administrative Officer/Clerk as
scrutineer.
The Chief Administrative Officer/Clerk announced that the 2024 Elgin County
Warden is Councillor Ketchabaw.
3. ADMINISTERING AND SIGNING OF DECLARATION OF OFFICE
Page 4 of 347
Warden Ketchabaw took the Declaration of Office administered by the Chief
Administrative Officer/Clerk.
4. GOWNING
The Warden was gowned, and the Chief Administrative Officer/Clerk presented
the 2024 Warden to Council.
5. PRESENTATION BY PAST WARDEN
The Warden was officially presented with the Chain of Office, the Lord Elgin
Watch, and the Gavel of Office by 2021 Elgin County Warden Tom Marks.
6. WARDEN'S ADDRESS
Warden Ketchabaw delivered his Inaugural Address to Council.
7. RESOLUTION TO DESTROY THE BALLOTS (if required)
Moved by: Councillor Widner
Seconded by: Councillor Sloan
RESOLVED THAT Council direct that the Chief Administrative Officer/Clerk
destroy ballots in accordance with section 9(f)(xi) of Procedural By -Law No. 19-
41, as amended by By -Law No. 21-42.
Motion Carried.
8. RECESS
Moved by: Councillor Hentz
Seconded by: Councillor Jones
RESOLVED THAT Council recess at 7:42 p.m. and reconvene at 9:00 a.m. on
December 6, 2023.
Motion Carried.
Blaine Parkin, Ed Ketchabaw,
Chief Administrative Officer/Clerk Warden
2
Page 5 of 347
Elgin County Council
Minutes
December 6, 2023, 9:00 a.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
Members Present: Warden Ed Ketchabaw
Deputy Warden Grant Jones
Councillor Dominique Giguere
Councillor Mark Widner
Councillor Jack Couckuyt
Councillor Andrew Sloan
Councillor Todd Noble
Councillor Mike Hentz
Councillor Richard Leatham
Staff Present: Don Shropshire, Chief Administrative Officer/Clerk
Amy Thomson, Director of Human Resources
Michele Harris, Director of Homes and Seniors Services
Nicholas Loeb, Director of Legal Services
Peter Dutchak, Director of Engineering Services
Jenna Fentie, Manager of Administrative Services/Deputy Clerk
Andrea Loughlean, Manager of Emergency Management &
Elgin -Middlesex Regional Fire School
Stefanie Heide, Legislative Services Coordinator
Jessica Silcox, Corporate Communications and Engagement
Coordinator
CALL TO ORDER
The meeting convened at 9:00 a.m. with Warden Ketchabaw in the Chair.
2. ADOPTION OF MINUTES
Moved by: Councillor Hentz
Seconded by: Councillor Couckuyt
RESOLVED THAT the minutes of the Regular Council Meeting and the Special
Council Meeting held on November 28, 2023 be adopted.
Motion Carried.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
None.
4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS
None.
6• 6103►ViILVi111a9:1 :901a90114T 01Eel49
Moved by: Councillor Noble
Seconded by: Councillor Leatham
Page 6 of 347
Motion Carried.
6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
6.1 Warden Ketchabaw - Warden's Activity Report November 2023
2023 Warden Ketchabaw presented the report detailing his Warden's
activities for November 2023.
Moved by: Councillor Leatham
Seconded by: Deputy Warden Jones
RESOLVED THAT the report titled "Warden's Activity Report November
2023" dated December 6, 2023 from 2023 Warden Ed Ketchabaw be
received and filed.
Motion Carried.
6.2 Director of Homes and Seniors Services - Homes — Policies and
P roced u res
The Director of Homes and Seniors Services presented the report seeking
Council's approval for delegation of approval of Homes policies and
procedures for the three County of Elgin Homes.
Moved by: Councillor Sloan
Seconded by: Councillor Giguere
RESOLVED THAT the report titled "Homes — Policies and Procedures"
dated December 6, 2023 from the Director of Homes and Seniors
Services be received and filed; and
THAT Council authorize the Director of Homes and Seniors Services to
approve legislatively required, mandatory Homes policies and procedures
provided that the appropriate persons have reviewed and provided
approval.
Motion Carried.
6.3 Manager of Emergency Management & Elgin -Middlesex Regional Fire
School - Request for additional resource
The Manager of Emergency Management & Elgin -Middlesex Regional
Fire School presented the report to Council seeking approval to add a Fire
Training Coordinator FTE position to balance the workload and improve
efficiency and productivity within the department.
Moved by: Deputy Warden Jones
Seconded by: Councillor Noble
RESOLVED THAT Elgin County Council approve the addition of a Fire
Training Coordinator position in the Emergency Management department.
Motion Carried.
6.4 Corporate Communications & Engagement Coordinator and
Accessibility Coordinator - Refreshing the Elgin County Brand:
Addressing Accessibility Requirements
The Corporate Communications and Engagement Coordinator provided a
presentation seeking Council's approval of a refreshed Elgin County Logo
that addresses accessibility requirements.
Moved by: Councillor Hentz
Seconded by: Councillor Leatham
Page 7 of 347
RESOLVED THAT the report titled "Refreshing the Elgin County Brand
Addressing Accessibility Requirements" dated December 6, 2023, from
the Corporate Communications & Engagement Coordinator, and
Accessibility Coordinator, be received and filed; and
THAT the refreshed County of Elgin logo be approved as presented.
Motion Carried.
6.5 Director of Engineering Services - Geotechnical Services — Slope
Rehabilitation Works (Fingal Line and Glen Erie Line)
The Director of Engineering Services presented a report to Council with
the information supporting a recommendation of awarding geotechnical
investigative works on Fingal Line and Glen Erie Line as a single source
purchase of services as supported by the County's Procurement Policy.
Moved by: Councillor Noble
Seconded by: Deputy Warden Jones
RESOLVED THAT Englobe Corporation be retained to provide
geotechnical investigative, slope stability analysis and remediation design
services for the rehabilitation of unstable road slopes on Fingal Line and
Glen Erie Line in accordance with Section 4.7c(iii) of the County's
Procurement Policy.
Motion Carried.
6.6 Director of Engineering Services - Talbotville Bypass and Highway 3
Twinning — Public Information Centre 2 - Update
The Director of Engineering Services presented a report to Council
identifying a list of public comments for Council's consideration to be sent
to the Ministry of Transportation's Study Design Team.
Moved by: Councillor Noble
Seconded by: Councillor Sloan
RESOLVED THAT the report titled "Talbotville Bypass and Highway 3
Twinning — Public Information Centre 2 — Update" dated December 6,
2023 from the Director of Engineering Services be received and filed; and
THAT the list of comments identified in this report be sent to the Ministry
of Transportation's Study Design Team for consideration and inclusion in
their Transportation Environmental Study Report (TESR).
Motion Carried.
6.7 Director of Legal Services - Parts III & IX POA Interim Transfer
Agreement Extension
The Director of Legal Services presented a report seeking Council's
authorization of an extension of the Parts III and IX POA Interim Transfer
Agreement, extending the transfer of responsibility for Parts III and IX
prosecutions to January 3, 2026.
Moved by: Councillor Leatham
Seconded by: Councillor Noble
RESOLVED THAT the report titled "Parts III & IX POA Interim Transfer
Agreement Extension" dated December 6, 2023 from the Director of Legal
Services be received and filed; and
THAT the Council of the County of Elgin authorize the Warden and
CAO/Clerk to execute the Parts III and IX Provincial Offences Act Interim
Transfer Agreement Extension.
Page 8 of 347
Motion Carried.
6.8 Director of Legal Services - Elgin / Re:Public Urbanism Agreement
2024 — Single Source
The Director of Legal Services presented a report seeking Council's
authorization to enter into an agreement with a planning consultant for the
delivery of planning services for 2024.
Moved by: Councillor Widner
Seconded by: Councillor Hentz
RESOLVED THAT the report titled "Elgin / Re:Public Urbanism Agreement
2024 — Single Source" dated December 6, 2023 from the Director of Legal
Services be received and filed; and
THAT Council of the County of Elgin authorize the Warden and CAO/Clerk
to execute an agreement for planning services between Elgin County and
10042986 Canada Inc. o/a Re:Public Urbanism for 2024.
Motion Carried.
6.9 Director of Legal Services - Extension of Medavie EMS Services
Agreement
The Director of Legal Services presented the report seeking Council's
authorization of an extension of the in -force Land Ambulance Services
Agreement with Medavie EMS Elgin Ontario Incorporated for a period of
up to six (6) months while the parties complete negotiations regarding a
new, longer term contract.
Moved by: Councillor Giguere
Seconded by: Councillor Hentz
RESOLVED THAT the report titled "Extension of Medavie EMS Services
Agreement" dated December 6, 2023 from the Director of Legal Services
be received and filed; and
THAT Council authorize an extension of the Elgin County / Medavie EMS
Elgin Ontario Incorporated agreement for Land Ambulance Services for a
period of up to six (6) months, with the parties agreeing that adjustments
retroactive to January 1, 2024 may occur subsequent to the completion of
negotiations between the parties; and
THAT Council authorize the CAO/Clerk to execute extension(s) of any
ambulance base lease or land ambulance vehicle lease as between Elgin
and Medavie EMS Elgin Ontario Inc. that may be required to conform to
the extension of land ambulance services.
Motion Carried
7. COUNCIL CORRESPONDENCE
7.1 Items for Consideration
None.
7.2 Items for Information (Consent Agenda)
Moved by: Councillor Couckuyt
Seconded by: Deputy Warden Jones
RESOLVED THAT correspondence items 7.2.1 - 7.2.2 be received and
filed; and
THAT the Warden be directed to send a letter to the chair of the Thames
Page 9 of 347
Valley District School Board detailing Elgin County Council's concerns
regarding the pause of the school resource officer program in schools.
Motion Carried.
7.2.1 Letter to TVDSB Chair from Dave Jenkins, Elgin Group Police
Services Board Chair expressing concerns regarding the pause of
School Resource Officer program in schools.
7.2.2 St. Thomas -Elgin Second Stage Housing Newsletter, Fall/Winter
2023
8. OTHER BUSINESS
8.1 Statements/Inquiries by Members
8.1.1 Councillor Giguere - National Day of Remembrance and Action on
Violence Against Women
Councillor Giguere stated that today marks the anniversary of the
massacre at Ecole Polytechnique Montreal, encouraged those in the
room to reflect on how they will commit to contributing to the solution to
violence against women, and stated that all forms of violence against
women must end.
8.1.2 Warden Ketchabaw - Committee Appointments
Warden Ketchabaw stated that the Committees of Council are one (1)
year appointments, with the exception of the Rural Initiatives and
Planning Advisory Committee which is established for a four (4) year
term. Warden Ketchabaw asked Council to consider their
appointments and to let him know of any desired changes in the next
few weeks so adjustments can be made for early January 2024.
8.1.3 Warden Ketchabaw - Holiday Greetings
Warden Ketchabaw wished a happy and safe holiday season to all on
behalf of County Council.
8.2 Notice of Motion
None.
8.3 Matters of Urgency
None.
9. CLOSED MEETING ITEMS
Moved by: Councillor Widner
Seconded by: Councillor Noble
RESOLVED THAT we do now proceed into closed meeting session in
accordance with the Municipal Act to discuss the following matters under
Municipal Act Section 239 (2):
Closed Meetina Item #1 - Closed Meetina Minutes - November 28. 2023. Reaular
Meetina of Council and Soecial Meetina of Council
Closed Meetina Item #2 - Advice re Potential Litiaation
(b) personal matters about an identifiable individual, including municipal or local
board employees; and (e) litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board; and (f) advice
that is subject to solicitor -client privilege, including communications necessary for
that purpose.
Motion Carried.
Page 10 of 347
9.1 Closed Meeting Minutes - November 28, 2023, Regular Meeting of
Council and Special Meeting of Council
9.2 Director of Legal Services - Advice re Potential Litigation
10. MOTION TO RISE AND REPORT
Moved by: Deputy Warden Jones
Seconded by: Councillor Hentz
RESOLVED THAT we do now rise and report.
Motion Carried.
Closed Meetinq Item #1 - Closed Meetinq Minutes - November 28, 2023, Regular
Meeting of Council and Special Meeting of Council
Moved by: Councillor Giguere
Seconded by: Councillor Noble
RESOLVED THAT the closed meeting minutes of the Regular Meeting of Council
and the Special Meeting of Council held on November 28, 2023 be adopted.
Motion Carried.
Closed Meeting Item #2 - Advice re Potential Litigation
Moved by: Councillor Sloan
Seconded by: Councillor Leatham
RESOLVED THAT the report titled "Advice re Potential Litigation" dated
December 6, 2023 from the Director of Legal Services be received for
information; and
THAT the Director of Legal Services proceed as directed.
Motion Carried.
11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE
WHOLE
Moved by: Deputy Warden Jones
Seconded by: Councillor Noble
RESOLVED THAT we do now adopt recommendations of the Committee of the
Whole.
Motion Carried.
12. CONSIDERATION OF BY-LAWS
12.1 By -Law No. 23-47 Chief Administrative Officer/Clerk Appointment
BEING a By -Law to Appoint Blaine Parkin as Chief Administrative
Officer/Clerk and to Repeal By -Law No. 23-25.
Moved by: Councillor Widner
Seconded by: Councillor Couckuyt
RESOLVED THAT By -Law No. 23-47 be now read a first, second, and
third time and finally passed.
Motion Carried.
12.2 By -Law No. 23-48 Confirmation
BEING a By -Law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the December 5 & 6, 2023 Meetings.
Page 11 of 347
Moved by: Councillor Sloan
Seconded by: Councillor Leatham
RESOLVED THAT By -Law No. 23-48 be now read a first, second, and
third time and finally passed.
Motion Carried.
13. ADJOURNMENT
Moved by: Councillor Widner
Seconded by: Councillor Hentz
RESOLVED THAT we do now adjourn at 11:01 a.m. to meet again on January 9,
2024 at 9:00 a.m.
Motion Carried.
Blaine Parkin, Ed Ketchabaw,
Chief Administrative Officer/Clerk. Warden.
Page 12 of 347
ElginCOUnty'
Report to County Council
From: Ed Ketchabaw, Warden
Date: January 9, 2024
Subject: Warden's Activity Report (December 2023)
Recommendation(s):
That the report titled "Warden's Activity Report (December 2023)" dated January 9,
2024 from Warden Ketchabaw be received and filed.
Introduction:
The purpose of this report is to provide a high-level summary of the meetings and
official functions I have attended during the month of December 2023 as Elgin County
Warden.
Background and Discussion:
Events/Meetings Attended by Warden:
December 2023:
• Elgin County Staff Christmas Party (December 1, 2023)
• Springfield Santa Claus Parade (December 2, 2023)
• Port Burwell Santa Claus Parade (December 2, 2023)
• Elgin County Annual Warden's Election (December 5, 2023)
• County Council Meeting (December 6, 2023)
• Elgin County Staff Holiday Decorating Contest Judging (December 8, 2023)
• Straffordville Santa Claus Parade (December 9, 2023)
• Dutton Santa Claus Parade (December 9, 2023)
• Business Retention & Expansion Interview at Phil Maur in Eden with Business
Enterprise Facilitator (December 12, 2023)
• Elgin Federation of Agriculture Annual General Meeting (December 13, 2023)
• Health Recruitment Partnership Scholarship Luncheon (December 29, 2023)
Page 13 of 347
Financial Implications:
rem
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
® Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
® Exploring different ways
® Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
Elgin County continues to work with and find ways to collaborate with Elgin's municipal
partners.
Communication Reauirements:
None.
Conclusion:
I look forward to representing Elgin County Council at various events throughout my
term as 2024 Warden.
All of which is Respectfully Submitted
Ed Ketchabaw
Warden
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 14 of 347
ElginCOUnty'
Report to County Council
From: Ed Ketchabaw, Warden
Date: January 9, 2024
Subject: 2024 Council Committee Appointments
Recommendation:
That County Council approve the Council Committee and Local Board Appointments for
2024 as recommended by Warden Ketchabaw; and
That Schedule F of By -Law 23-01 be repealed and replaced with Appendix 1 as
attached to the January 9, 2024 report titled "2024 Council Committee Appointments".
Introduction/Discussion:
Pursuant to Council's Committee By -Law, No. 23-01, terms of Councillor appointments
to Council Committees and Local Boards are recommended by the Warden and
submitted to County Council for approval on an annual basis. Recommended
appointments for 2024 are included in Appendix 1 for Council's review and approval.
Financial Implications:
None.
Alignment with Strategic Priorities:
Page 15 of 347
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
® Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
® Exploring different ways
® Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner I
None.
Communication Requirements:
Correspondence will be sent to relevant departments and local boards announcing the
appointments for 2024.
Conclusion:
It is recommended that Council review and approve the 2024 Council Committee and
Local Board Appointments as detailed in Appendix 1.
All of which is Respectfully Submitted
Ed Ketchabaw
Warden
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 16 of 347
Schedule F — Council Appointments to Committees/Boards/Agencies
Committee
Committee
Appointed Members
Date of
Type
Appointment
A-1 —
Terrace Lodge
. Warden Ketchabaw
January 9, 2024
Standing
Redevelopment
. Councillor Widner
Committee
Steering
. Councillor Noble
Committee
. Councillor Couckuyt
A-1 — Sub-
Terrace Lodge
. Councillor Giguere
January 9, 2024
Committee
Redevelopment
Fundraising
Committee
A-4 —
Human Resources
. Warden Ketchabaw
January 9, 2024
Standing
Committee
. Deputy Warden Jones
Committee
. Councillor Widner
• Councillor Sloan
A-5 —
Council Budget
. Warden Ketchabaw
January 9, 2024
Standing
Committee
. Deputy Warden Jones
Committee
. Councillor Sloan
• Councillor Hentz
B-1 —Advisory
Community Safety
. Warden Ketchabaw
January 9, 2024
Committee
and Well -Being
Integration Table
B-2 — Advisory
Elgin County
. Councillor Giguere
January 9, 2024
Committee
Museum Advisory
. Councillor Hentz
Committee
C-1 —
Rural
. Warden Ketchabaw
January 9, 2024
Legislated
Initiatives/Planning
. Councillor Leatham
Committees
Advisory
. Deputy Warden Jones
Committee
. Councillor Widner
D-1 —
Southwestern
. Deputy Warden Jones
January 9, 2024
Agencies and
Public Health —
. Councillor Couckuyt
Boards with
Board of Health
Council
Appointees
D-1 —
City -County Liaison
. County Council or as
January 9, 2024
Agencies and
Committee
represented by the
Boards with
Warden
Council
Appointees
D-1 —
Health Recruitment
. Deputy Warden Jones
January 9, 2024
Agencies and
Partnership
. Councillor Couckuyt
Boards with
Council
Appointees
D-1 —
Joint Accessibility
. Councillor Noble
January 9, 2024
Agencies and
Advisory
Boards with
Committee
Council
Appointees
D-1 —
Elgin Clean Water
. Councillor Hentz
January 9, 2024
Agencies and
Advisory
Boards with
Committee
D-1 —
Green Lane
. Alternate with City of St.
N/A
Agencies and
Community Trust
Thomas — City to appoint
Boards with
Committee
in 2024.
Council
Appointees
Page 17 of 347
Committee
Committee
Appointed Members
Date of
Type
Appointment
D-1 —
Waste
Committee of the
January 9, 2024
Agencies and
Management
Whole/Elgin County
Boards with
Committee
Council
Council
Appointees
D-1 —
Western Ontario
. Warden Ketchabaw
No appointment
Agencies and
Wardens Caucus
. Alternate: Deputy Warden
required
Boards with
Jones
Council
Appointees
D1 -Agencies
SWIFT Network
. Councillor Giguere
Council
and Boards
recommends,
with Council
SWIFT appoints
Appointees
D1 —Agencies
St. Thomas -Elgin
. Councillor Giguere
January 9, 2024
and Boards
Public Art Centre
with Council
Appointees
D1 —Agencies
South Central
. Warden Ketchabaw
January 9,2024
and Boards
Ontario Regional
. Councillor Noble
with Council
Economic
Appointees
Development
(SCOR)
Page 18 of 347
ElginCOUnty'
Report to County Council
From: Paul Hicks, Acting Manager of Planning
Date: January 9, 2024
Subject: PS 24-1 County Official Plan Review; Final Draft of Official Plan
Recommendation(s):
THAT Council receives and files the report entitled "PS 24-1 County Official Plan
Review; Final Draft of Official Plan" for information;
THAT Council receives and files the "Update to Hemson Growth Forecasts and Land
Needs Analysis Report" dated November 17, 2023 for information;
THAT Council endorses the Final Draft Elgin County Official Plan dated January 9, 2024
set out at Attachment 1 to this Report to Council; and,
THAT Council direct staff to schedule the statutory public open house and public
meeting for the Final Draft Official Plan, to be hosted virtually.
Introduction:
This report provides County Council with information required to consider endorsing the
Final Draft Elgin County Official Plan and commencing the statutory approval process
for the Plan.
In Winter of 2021 the County embarked on a statutory review of the County Official
Plan. The background review and initial public consultation for the official plan review
was completed in Summer 2022 and the drafting of the updated Plan began in early
September 2022 and was completed by March 2023 when the document was put on
technical circulation and public circulation until June of 2023 (i.e. circulation to the public
as well as statutory agencies and ministries, including local municipalities).
Over the summer of 2023, the project was deferred for a period of time due to a
confluence of factors including: the release of the Draft Provincial Policy Statement (the
implementation of which was later paused by the Province); and the announcement of
the new VW battery plant in St. Thomas; and, personnel changes regarding the delivery
of planning services and significant projects at the County. In September 2023, staff
Page 19 of 347
updated the draft Official Plan based on the comments received from the technical and
public circulation of the document, and an addendum to the County's population
projections and land needs assessment was undertaken in response to the PowerCo.
battery plant announcement. That addendum was received on November 17, 2023.
Staff are now of the opinion that the County is in a position to commence the statutory
adoption process of the Plan, after which the Plan will be forwarded to the Ministry of
Municipal Affairs and Housing for approval.
Background and Discussion:
There are three substantive recommendations of this report and this section of the
report has been organized around the individual recommendations.
Update to Hemson Population Projections & Land Needs Assessment
As noted previously, County Staff engaged the firm that undertook the County's original
Population Projections and Land Needs Assessment (i.e. a report analysing how much
growth is anticipated in the County, and how much residential and employment land is
required to accommodate that growth) to undertake an addendum to their report. In
their original report, Hemson advised that the County was `oversupplied' with residential
and employment lands (i.e. the supply of urban lands exceeds the projected 20-year
demand for them), and the County wanted to confirm these conclusions in light of the
announcement to locate a large-scale PowerCo. battery plant in St. Thomas, as major
economic investments such as this can have impacts on growth rates and land needs
due to increased employment opportunities in the region, location/ relocation of spin off
industries, etc.
After reviewing available data regarding the proposed battery plant, as well as impacts
of similar investments made in other communities in Ontario (including, CAMI in
Ingersoll, Toyota in Woodstock, and Honda in New Tecumseth), it is Hemson's opinion
that no additional lands are required to be added to the County's settlement areas at
this time due to:
• the size of the existing `oversupply' of urban lands across the County and the
anticipation that the Cities of London and St. Thomas will likely accommodate the
majority of increased population and housing demand;
• the dispersed nature of the supply chain associated with the new plant, noting
that spin-off economic activity will be largely dispersed across Southern Ontario
and not necessarily concentrated in the immediate vicinity of the plant; and
• the timing of the construction of the plant, such that the County will likely be
undertaking another official plan review before it is completed and will be in a
better position to assess the impacts of the plant at that time.
It is further noted by staff, that any local municipality or development proponent can
bring forward an amendment to a local official plan, at any time, to re -designate lands
and/or expand an urban boundary. Staff are of the opinion that Hemson's conclusions
Page 20 of 347
are prudent and reasonable, and as such, are recommending that the addendum from
Hemson be received by County Council.
Changes to the Final Draft Official Plan
The attached Final Draft Official Plan includes a series of changes that are as a result of
the technical and public circulation of the Plan in the Spring of 2023. These changes
are summarized in the chart below. In some cases, changes are being recommended
by staff based on issues that have arisen in the processing of planning applications
since the technical circulation, or after further review of originally proposed wording.
The volume and nature of the comments received over the course of the technical and
public circulation is aligned with Staff's expectations and previous experience with
county -wide plans.
It should be noted however that no comments on the Plan were received by the
Province of Ontario. Instead, correspondence was received by the Ministry of Municipal
Affairs and Housing in June 2023 advising that no comments would be forthcoming.
Staff expressed their concern with a lack of comments in advance of adoption of the
Plan by the County, on the premise that the County is in the best position to provide the
policy wording for its Plan based on Ministry feedback. Notwithstanding this, the Ministry
requested the County continue with the Official Plan project. As such, County Council
should anticipate Ministry modifications to the Plan when it is submitted to the Ministry
for approval.
Section
Summary of Change in Final Draft Offic al Plan
Number
2.0
Revised objectives c) and d) to remove references to limiting urban
expansion in favour of objectives that seek to establish appropriate
justification for urban expansions, and restrict non-agricultural and non -
resource extraction development in the Rural Area.
2.2
Clarify that there is a surplus of urban lands in all municipalities with the
exception of Aylmer where there is a deficit.
2.5
No expansions of Tier II or III Settlement areas boundaries will be
permitted until servicing is available, and clarifying that a local municipality
or a developer may initiate an urban boundary expansion.
2.6, 2.7,
Reorganized and clarified requirements/justifications for settlement area
2.8, 2.9
expansions, and locational criteria. No substantive policy change, primarily
re -organization
2.10
Clarifying that an urban boundary may be refined without the need for
amendment to the County Plan, so long as new uses are not being brought
into the urban area
2.12
Introduced new policies requiring phasing strategies to be developed in
local official plans to address surplus urban lands
3.11
Clarifying that both that individual components of the agricultural system
will also be protected, not just the overall system.
3.14
Removed policy that required retention of `tourism uses' and commits the
County to work with local municipalities to consider aesthetic
Page 21 of 347
improvements to County Roads when the County is undertaking
improvements
3.15
Limits County requirement for market justification / market impacts studies
for new commercial areas to instances where there may be growth
management or tourism impacts
3.16
Introduce new policy to support `placemaking' at the County level where
there is a demonstrated County benefit
3.17
Introduced new policy directed at attracting the `creative economy' and
`creative industries and talent' to the County
3.18
Clarifying that the County can (and does) implement its own community
improvement plan and adding placemaking and the attraction of creative
industries to the list of community improvement priorities
4.6
Identifies that 55% of the County's households are low- or moderate -
income households, and as such, establishes an affordable housing target
of 55% as opposed to the original 25% target and revises policies as to
how the County will aim to achieve this target.
4.9
Commits the County to using best efforts to expediate the approval of
community housing projects
5.3
Clarifies how the County's rural character will be protected
5.9
Clarifies that the County will not support the severance of additional
dwelling units in the Rural Area to maintain conformity with provincial policy
5.13,
Identifies `core' and `other' agri-tourism uses, and criteria for permitting
5.14
`other agri-tourism uses.
5.16
Creates a policy to address/support adaptative re -use non-agricultural
buildings in the Rural Area
6.4
Clarify that protection of urban character is not intended to restrict higher
density housing, and clarifies that if a local municipality identifies an
alternative urban character in their official plan it shall prevail over this
policy
7.9
Clarify that destruction of the natural environment is only permitted for a
Planning Act approval, approval under the County's Tree Conservation By-
law, a CA permit, or an approval from the provincial or federal government
7.12
Clarifies `how' surface water features will be protected (i.e. through
recommendations in a sub -watershed study, EIS, or source water
protection plan.
7.13
Clarifies `how' surface water features will be protected (i.e. through
recommendations in a sub -watershed study, EIS, or source water
protection plan.
7.15
Establishes a forest cover target of 30% for the County and identifies how
the County will work towards this target
7.16
Encourages the expansion and establishment of environmentally protected
areas through land trusts, land dedications, and conservation easements,
etc.
7.17
Requires that land division have regard for the natural environment and
permits land division to facilitate the protection of the natural environment
8.0
Creates a new objective for transportation and infrastructure policies, that
states the County will respect the standards of authorities that operate
infrastructure.
Page 22 of 347
8.3, 8.4,
Removal and consolidation of a redundant policy. Clarifies that the County
8.5
shall determine preferred or appropriate ROW widths for County Roads.
8.14,
Clarifies what types of servicing are permitted in the County's urban areas
8.15,
and how servicing options are to be justified
8.16
8.18
Establishes broad policies for stormwater management and drainage
systems in keeping with the requirements of the PPS
8.19
Establishes a requirement for servicing policies to be developed in local
official plans
8.23,
Revises existing policies with respect to development adjacent to active rail
8.24,
lines in accordance with national guidelines
8.25
8.29
Clarifies that an EA will be completed prior to any local or county approvals
for new or expanded waste management facilities
9.8
Clarifies that an aggregate impact assessment is needed to assess
sensitive development proposed near extraction operations
10.0
Incorporates objectives related to abandoned petroleum wells and the
need to consider climate change with respect to hazardous lands
10.3
Clarifies role of the conservation authorities
10.4
Clarifies that no amendment to the Plan is required to recognize revised
hazard land boundaries
10.9
Defines erosion hazards, and prohibits the use of stabilization works to
adjust hazard limits
10.10
Clarifies that the CA will determine the limit of erosion hazards
10.11
Introduces policies with respect to the Lake Erie shoreline hazard limit
10.12
Introduces new policies with respect to climate change and hazardous
lands
10.16
Introduces policies with respect to abandoned petroleum wells
11.0
Introduces new objective to ensure that Indigenous communities have
access to their own cultural heritage resources
11.6
Permits the use checklist for marine archaeological sites as opposed to a
full archaeological assessment
12.10
Includes: aggregate resource assessment, aggregate impact assessment,
comprehensive review study, heritage conservation plan, reference
plan/real property survey as potential requirements for `complete
applications' and deletes water resource management plan from the list.
13.7
Clarifies that County Council will determine the level of flexibility needed to
interpret the Official Plan, when interpretation needs to be considered.
Schedule
Identifies that highly vulnerable aquifers and significant groundwater
`C'
recharge areas on the schedule
Schedule
Correction of the Lower Thames Valley Conservation Authority's regulated
`U
area as advised by the Conservation Authority
Once the text and mapping of the document has been finalized through the forthcoming
adoption process, the document will be reformatted using publishing software (Adobe
InDesign) to ensure a professionally -produced and accessibility compliant document.
Page 23 of 347
Statutory Public Open House & Public Meeting
As part of the statutory approvals process outlined in the Planning Act, the County is
required to host a public open house to provide an opportunity for members of the
public to learn more about the official plan review and to ask questions regarding the
review and/or proposed policies and land use designations. The County is also
required to host a public meeting where members of the public and/or public authorities
(i.e. conservation authorities, school boards, railway operators, provincial ministries,
etc.) can make formal submissions on proposed policies and land use designations.
These meetings are permitted to be conducted both in -person or virtually (via an online
platform such as Teams or Zoom, etc). After discussing the matter internally, staff are
recommending that the meetings be scheduled as virtual meetings as, in the experience
of staff, virtual meetings:
• provide greater flexibility for attendees who are able to log -in from their location
as opposed to having to travel to attend the meeting (particularly in winter when
these meetings will be scheduled to occur);
• can be more easily recorded for the public record and provide a more accurate
record of comments and input received;
• provide for better organized public input and multiple means of providing
feedback during a virtual meeting (i.e. participants can provide feedback or ask
questions verbally or in writing using the `chat' function). This is particularly
valuable for individuals who may not feel comfortable asking questions or
providing feedback in front of large groups; and,
• are more cost-effective and do not require in -person attendance from the project
team, the renting of meeting space, AV equipment, etc.
Financial Implications:
There are no identified direct financial implications to the County to the Final Draft
Official Plan, however, should Council wish there to be an in -person public open house
and public meeting, there will be associated costs.
Page 24 of 347
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
® Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
® Exploring different ways
® Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
This plan will directly impact all local municipalities in Elgin as all planning decisions
made in the County, including those of local council, are required to conform to the
County Official Plan.
Communication Requirements:
Communication requirements are identified in the Planning Act. Subject to
endorsement by Council, the Final Draft Official Plan will be the subject of a statutory
open house and statutory public meeting, as well as being posting for a commenting
period on the County's website. The addendum to the Hemson report would also be
posted on the County's website for review.
Conclusion:
It is respectfully recommended that Council endorse the Final Draft Elgin County Official
Plan, as attached to this Report to Council, and direct staff to commence the steps
necessary complete the statutory review and adoption of the Plan.
All of which is Respectfully Submitted
Paul Hicks
Acting Manager of Planning
Nicholas Loeb
Director of Legal Services
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 25 of 347
HEMSON
—10
Hemson Consulting I._tcl
1.000 — 30 `i:. Pai:rick Street, Toronto, ON MST 3A3
416 593 5000 I hemson(a?hemson.com I \nm/w.hemson.com
To: Don Shropshire, County of Elgin
From: Stefan Krzeczunowicz
Date: November 15, 2023
Re: Update to Hemson Growth Forecasts and Land Needs Analysis Report
This memorandum analyzes the effect of Volkswagen's proposed electric vehicle (EV)
battery plant in St. Thomas on the long-term growth prospects —population, employment,
and associated land needs —of the County of Elgin. It follows the report Population, Housing
and Employment Forecasts and Associated Land Needs Analysis, prepared by Hemson
Consulting for the County in June 2022 (with amendments finalized in November 23, 2022).
The overall conclusions of this memorandum, as described below, is that planned housing
growth in Elgin, as well as planned employment areas, remain an appropriate basis for the
County Official Plan and need not be revised at this time for several reasons:
First, large manufacturing investments of this type do not necessarily generate
significant growth in the immediate vicinity. Nearly all of the construction labour and
much of the permanent operating employment will be commuters drawn from the
Cities of London and St. Thomas as well as urban areas beyond the County.
Second, the forecasts that serve as the basis for the County's long-term growth
were based on similar economic and employment growth, as well as housing
growth, occurring in the County over a 30 year period to 2051, recognizing that it
was not necessarily anticipated that so much of the growth would be associated
with a single large investment.
Finally, official plans are reviewed on a regular basis. If growth accelerates in the
County beyond the forecast targets, and whether or not the faster growth is
attributable to the EV battery plant, the County Official Plan can be reviewed and
revised during a regular review or at any other time, as required.
Page 26 of 347
EIACKGROI.J N IC'°
The Hemson report provides a long-range growth outlook for the County and its lower -tier
municipalities and assesses urban land requirements to 2051. The report concludes that:
The County will grow by 13,890 people and 7,220 households by 2051, with growth
being more rapid over the first 10 years of the planning period. The report notes
that higher short-term growth reflects "in part the current population surge in the
County arising from the relocation of family forming households seeking more
affordable single detached homes within commuting distance of jobs in St. Thomas
and London". The growth rate will slow over the longer -term, reflecting the overall
aging of the population.
The overall community area (or residential) land supply of 668.2 developable
hectares is sufficient to accommodate the forecast population growth at the County
level, as well as for every lower -tier municipality, to 2051. However, the Town of
Aylmer requires an additional 21 hectares of designated growth area, equivalent to
about 600 new homes, to accommodate its long-term population allocation.
The County will grow by 7,360 jobs by 2051, including 3,160 jobs on urban
employment land in designated growth areas in the Elgin Official Plan. This urban
"employment land employment" includes 1,300 jobs associated with the new
Amazon fulfilment centre in the Township of Southwold, which are assumed to
develop in the 2021-2026 period.
The County's employment area land supply of 565.5 developable hectares is
sufficient to accommodate the forecast employment growth, both County -wide and
at the local level. The Township of Southwold and Municipality of Central Elgin
have a significant supply of vacant employment land.
The recent announcement by Volkswagen to construct a major electric vehicle (EV) battery
plant on 1,500 acre site located in the City of St. Thomas is widely acknowledged as a
game -changer for the region.' Current estimates anticipate that the plant will accommodate
2,000 to 3,000 jobs on -site with thousands of spin-off jobs. The County wishes to
'Early this year the Provincial Government passed Bill 63, the St Thomas -Central Elgin Boundary Adjustment Act,
which transferred 700 acres of land from the Municipality of Central Elgin to the City of St. Thomas. The 700 acres
is in addition to the 800 acres St. Thomas purchased in 2022.
Page 27 of 347
understand implications for the County population and employment forecasts and land
needs analysis in the Hemson report.
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Although development of the battery plant is still in its early stages, construction and initial
production at the plant will likely occur prior to the next County Official Plan review in 5 to
10 years. Nevertheless, the employment forecasts in the Hemson report remain a
reasonable basis on which to plan for employment on both designated employment land
and other community -related and rural employment activities.
i. Employment Land Impacts
With respect to employment lands:
While the estimate of up to 3,000 jobs located at the plant site at completion has
been widely reported and is likely to be accurate, the distribution and scale of "spin
off' jobs is currently very uncertain. The selected location in St. Thomas was
certainly intended to leverage existing and potential Tier 1 suppliers (those that
supply the plant directly) and Tier 2 suppliers (producing parts and goods to larger
suppliers that will sell to Volkswagen) in southwestern Ontario and, more
specifically, in St. Thomas and London. Earlier this year the President of the
Automotive Parts Manufacturing Association estimated that the plant would create
approximately 5,000 new jobs in the supply chain and some of those may be
expected to be expansions to existing local suppliers and, in time, new local
suppliers.2 It is noted in this respect that Magna International has two auto parts
manufacturers in St. Thomas: Presstran Industries and Formet Industries. More
broadly, overall job multipliers for battery cell manufacturing, including direct,
indirect, and induced employment, are estimated at between 6 and 8 jobs.'
A significant number of the battery plan jobs —both on -site and off -site —will
require skilled and professional labour. The Trillium Center for Advanced
2 Norman de Bono, "Thousands of spinoff jobs expected from Ws St. Thomas electric battery plant", London Free
Press, March 14, 2023corn/Ou.;'iriIrm,al Ou.,ine.,.,,'Uhondl,, of .,yirloll expected frrrrn
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Page 28 of 347
Manufacturing has estimated that jobs in the plant will be roughly 20% engineers,
20% scientists and technical experts, and 60% manufacturing workers, with the
latter attracting wages well above the average for typical manufacturing
employment. These workers may be expected to want to live in major urban centres
where there is a greater range and mix of housing, retail, cultural and entertainment
facilities, and health care and education.
The area covered by the battery plant's supply chain is vast. In addition to the large
catchment area of parts and goods suppliers in south-western Ontario, the plant
will trigger additional production of cobalt, nickel, and copper in Northern Ontario,
as well as aluminum processing and recycling activities, much further afield. As
such, most of the spin-off jobs, considerable as they are, cannot be thought of as
adjacent, or even local, to the site.
• Construction of the plant will take years, with initial production anticipated to be no
earlier than 2027 and completion no earlier than 2030. The County Official Plan will
therefore almost certainly be undergoing a comprehensive review prior to the full
development of the plant and its ancillary spin offs.
The Hemson report forecast considerable growth in employment land employment
in the County, much of which would be expected to be the same manufacturing,
transportation, distribution, storage, and logistics activities associated with the Tier
1 and Tier 2 spin-off jobs from the plant. In addition to the 1,300 jobs associated
with the Amazon fulfilment centre, the report anticipated 1,860 additional
employment land employment jobs, mainly concentrated in existing vacant
designated employment areas in Alymer, Central Elgin, and Southwold. The
realization of this growth would represent a significantly higher growth rate moving
forward than has occurred in the County in the past. Moreover, the employment
growth rate would be higher than the forecast population growth rate, thereby
increasing the activity rate in Elgin (the ratio of jobs to people) from 30.4% in 2021
to 35.7% in 2051.
Notwithstanding this rapid employment growth, the Hemson report also concludes
that there would still be a surplus of employment land within designated Tier 1 and
Tier 2 settlements in the County by 2051, including 205 hectares in Central Elgin
and 93.5 hectares in Southwold.
The transfer of approximately 130 hectares of vacant employment land from Central
Elgin to St. Thomas still leaves Central Elgin with approximately 120 hectares of
employment land, or 107 hectares of vacant land when adjusted for existing uses.
14
Page 29 of 347
As such, even with the transfer, Central Elgin would still have a surplus of vacant
employment land by 2051 (62 hectares) under the growth forecasts in the Hemson
report. It is noted that these revised estimates of employment land need assume
that all employment growth in the County is over and above any growth that might
have been "lost" to Central Elgin through the transfer.
In short, the Hemson report already forecasts a significant amount of employment growth
for the County, the majority of which is employment land employment. The forecasts remain
reasonable despite the transfer of employment lands from Central Elgin to St. Thomas as
Central Elgin retains a significant amount of employment land adjacent to the battery plant
site. Together with employment lands in Southwold, these lands present opportunities for
the County to accommodate some of the direct spin-off jobs associated with the plant.
That said, the majority of the direct spin-offs, together with the indirect and induced job
multipliers from the plant, are likely to develop incrementally over the next decade and will
be located across a vast area extending well beyond the County boundaries.
ii. Non Employment Land Employment Impacts
As for employment growth outside designated employment areas, the Hemson report
distinguished between "population -related employment", to be planned for within
community (residential) areas, and "rural employment" located in rural areas:
• Population -related employment is employment in Elgin that primarily serves a
resident population. This category includes retail, education, health care, local
government and urban work -at-home employment. The distribution of population -
related employment across the County is largely tied to population growth and the
community area land needs assessment in the Hemson report accounted for urban
land needs associated with this type of employment. To the extent that the County's
population and housing forecasts remain unaffected by the battery plant (see
below), the effect of the battery plant on population -related employment in the
County's urban communities is likely to be minor.
• Rural Employment: refers to jobs in rural areas, including primary industries and
agriculture plus some uses typically found in urban employment areas, but not
located on urban land designated for industrial or commercial use. These are
typically small scale manufacturing or construction businesses as well as tourism
(including agri-tourism) and recreation activities which play an important role in
Elgin. Also important in the Elgin context is the role of agricultural labour,
particularly in Bayham and Malahide. Although most of these activities will be
Page 30 of 347
unaffected by the battery plant, there may be additional retail or service demands
from workers on their way to work from London through Southwold and Central
Elgin along Highways 4 and 30, and Wonderland Rd South and Wellington Rd South:
o Commuters to the battery plant could provide good trade to gasoline
stations on these major routes (though it is unclear whether there are any
fuel stations currently in the County at these locations). Of note is that, by
2051, the vast majority of passenger vehicles will be electrically powered.
o There may be convenience retail demand created from workers on their way
to and from the plant. However, the demand is unlikely to be sufficiently
large to generate a need for additional retail space or employment lands.
o Food services are the remaining commercial use that might be affected by
increased commuter traffic from London. Large manufacturing employer
typically have on -site food services, so we would not expect significant
demand from commuters for coffee and related goods. Moreover, there are
a number of coffee and fast food outlets already located in St. Thomas
(including a Tim Hortons very near the battery plant site at the corner of
Highways 52 and 30). It is likely therefore that while, over time, a coffee
outlet might be justified along one or more of the commuter routes, the
existing and planned commercial uses in London, along the Highway 401
corridor (i.e. ON Routes), and in St. Thomas are sufficient to satisfy demand.
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The long-term demand for housing in the County is unlikely to be significantly affected by
the battery plant. Implicit in the County housing forecasts in the Hemson report is that a
(small) portion of the workers on new development in the County's employment areas will
occupy new housing in the County. The new battery plant will create up to 3,000 on -site
jobs in St. Thomas. Assuming that 15% (450 workers) would live in the County this would
generate an additional demand for about 225 housing units (assuming that some workers
would leave their existing job in the County for a job at the plant). To adjust a 30-year
demand forecast of 7,220 housing units for the County to reflect an additional 225 housing
unit demand (about 3% of the total) would imply excessive precision in the forecasts.
To assume a relatively small effect on housing demand from the new battery plant nearby-
15% of all workers living in the County —is reasonable based on the general commuting
Page 31 of 347
patterns of workers. In 2021, 54% of all jobs located in St. Thomas were filled by city
residents and 46% of jobs were filled by those commuting into the city. Less than half of the
in -commuters were from adjacent municipalities in the County (Southwold, Central Elgin,
Malahide, and Alymer); or 20% of workers overall. For the manufacturing sector, even fewer
in -commuters (17%) travelled from adjacent municipalities. This pattern has remained
unchanged since 2016 (see Table 1).
Table 1 - Commuting Patterns for Manufacturing and All Other Employers in St. Thomas
2016-2021
Manufacturing
All Other
2021 Employment
3,715
• •1
13,505
Thomas
4•.
�.
Place of
AdjacentEmployee
•.
%
%
0%
Residence
Areas Beyond
3i %
0%
0%
Manufacturing
All Other
Total
2016 Employment
4:1
10,745
Thomas
48%
59%
EmployeeSt.
of
Residence
Areas Beyond
%
2 2 '.
'.
Note. The analysis is based on 2016 and 2021 Census Place of Work Commuting Pattern Data.
For the purposes of commuting analysis, the employment data do not include workers who
solely Work at Home or those with No Fixed Place of Work.
Source. Based on Statistics Canada Census employment data "special run" cross -tabulating
Place of Work and Place of Residence by NAICS categories for Canada, the Provinces, Census
Divisions, and Census Subdivisions.
Table 1 illustrates a labour market pattern of manufacturing employers in St. Thomas that
need specific skills sets drawing their labour force from a broad area. Manufacturers that
include shift workers further allow for longer commutes due to off-peak travel. Workers
typically see these manufacturing jobs as well -paid "good" jobs, making the longer
commutes worthwhile. The battery plant may be expected to match all of these criteria.
Statistics Canada Census data demonstrate that this labour market pattern in not unique to
St. Thomas. In fact, where a single large manufacturing employer dominates the local
economy a broad -area commuting pattern of workers is evident at the site. Table 2 shows
the commuting pattern for three selected Ontario communities with a very large single
manufacturing employer: Ingersoll (CAMI Automotive); New Tecumseth (Honda Canada);
and Woodstock (Toyota Manufacturing Canada).
17
Page 32 of 347
Table 2 - Commuting Patterns for Manufacturing and All Other Employers in Ingersoll,
New Tecumseth, • Woodstock 2016-2021
Large Employer: CAMI ��������/////O%O%O%%0000000000000000000000000000000000000000000000000000000000000000000000000/
AutomotiveMotors)
2021 Employment
..
Employee
Adjacent Municipalities,%
,%
Residence
Areas Beyond
64%
%
%
Manufacturing
All Other
2016 Employment
•1
:��
••
:.
Employee
`. ..
�.
Residence,.
���'���������////////////O%O%00000000000000000000000000000000000000000000000000000000000000000000%
Employer:80
Large Honda Canada
All Other
2021 Employment
7,670
8,225
15,895
,.
Employee10
`. ..
%
%
%
Residence
Areas Beyond
:%
, %
Manufacturing
All Other
2016 Employment
:0
• 40
16,520
Employee
Areas Beyond
%
%
40%
,
����������//////00%O%O%000000000000000000000000000000000000000000000000000000000000000000000000000%
Large Employer:. . . Canada
All Other
2021 Employment
19,470
Woodstock,.
i
,.
, •,.
Employee
--
Adjacent Municipalities:,.
,.
i,.
Residence
Manufacturing
All Other
2016 Employment
7,455
:00
22,255
Woodstocki,.
,.
Employee
Residence
Notes. See Table 1.
Source. See Table 1
0
Page 33 of 347
As with Table 1, the number of employees from the 2016 and 2021 Census and the share of
employees in the large employers' sector living within the municipality, those living in
adjacent or very nearby municipalities, and those living beyond the adjacent municipalities,
are shown for each community. The table compares the pattern of the large employers'
sector to the rest of the employment. The table shows that:
• the large manufacturing employers have a lower share of jobs filled by residents of
the community itself (25% in Ingersoll, 22% in New Tecsumeth, and 40% in
Woodstock in 2021) and a high share of in -commuting. The relatively high share of
jobs filled by residents in Woodstock reflects its larger population (46,000) and
labour force relative to those in Ingersoll and New Tecumseth. In this respect,
Woodstock is more analogous to St. Thomas (population 40,000);
• only a small share of in -commuting is from adjacent municipalities; most in -
commuting is from areas beyond. In 2021, the total share of jobs filled by residents
of adjacent communities was 14% in Ingersoll, 24% in New Tecumseth, and 11% in
Woodstock. In Ingersoll and Woodstock's case, both towns are urban communities
surrounding by rural municipalities and the bulk of commuting is therefore from
larger urban centres at greater distance such as London, St. Thomas and, in
Ingersoll's case, Woodstock and Tillsonburg. At least two of New Tecumseth's
adjacent municipalities (Innisfil to the east and Caledon to the south) are
experiencing rapid suburban growth extending northwards from the Greater Toronto
Area;
greater commuting distances are in evidence for the large manufacturing employers
compared to other sectors of the economy in each community. In 2021, the total
share of jobs in manufacturing filled by residents of adjacent communities was just
12% in Ingersoll, 21% in New Tecumseth, and 8% in Woodstock; and
• there was no appreciable change to commuting patterns in each community
between 2016 and 2021, even as significant job layoffs were implemented at the
CAMI plant in Ingersoll.
The result of the pattern of where the Volkswagen EV battery plant workers are likely to live
indicates that, despite the scale of the plant workforce, it will not likely have a large effect
on the housing demand in the County of Elgin than is set out in the Hemson report.
Moreover, the Hemson report demonstrates that, outside the Town of Alymer, there is more
than sufficient residential land across the County to accommodate some additional housing
demand.
Page 34 of 347
I'll') COt YI I IIE CURREC III IGII S HN E III GHN CNN III
III III °°III III II IIh...NNI REVIEWS
If growth accelerates in the County beyond the forecasts set out in the Hemson report,
whether or not the faster development is attributable to the battery plant, there is ample
opportunity to review and revise the County Official Plan as required. As a matter of good
planning, such a review would generally occur during a regular five-year official plan review,
though, if necessary, the County could initiate a review at any time. An official plan with a
horizon year 25 years out from the current time will be subject to four review processes.
During one or more of those reviews, the horizon year will have been revised to a later date.
For example, in 2046, the County Official Plan could be updating its planning horizon to
2071 and could be expanding its urban area to account for the growth that had occurred
since 2021 and the growth that is then expected to 2071.
The only time at which faster growth might be a problem that cannot be met through the
regular reviews is if the 25-year residential or employment land supply is unexpectedly
absorbed within a five to ten year period and there is insufficient time to undertake planning
for additional growth. It is highly unlikely growth would accelerate to this degree in Elgin
County. Moreover, the detailed growth forecasts and land needs assessment undertaken by
the County and its lower -tier municipalities means that the Elgin has a sound basis on
which to plan for and respond to growth and development over the next decade.
The Elgin County Official Plan is nearing conclusion at a time when a major new industrial
development is about to occur in the vicinity. The Plan's population and employment
forecasts, together with community area and employment area designations, are sufficient
to address growth to 2046 (and 2051). The planned growth need not be revised in response
to the EV battery plans. The new jobs at the plant will be filled by mostly by people living in
St. Thomas, London, and areas beyond the County and are therefore unlikely to generate
significant new housing demand beyond the current forecasts set out in the Hemson report.
If population or employment growth does accelerate beyond the levels currently forecast, it
can be addressed through the regular reviews of the Official Plan.
Page 35 of 347
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ElginCOL,inty'
Report to County Council
From: Paul Hicks, Acting Manager of Planning
Date: January 9, 2024
Subject: PS 24-2 Application for Draft Plan of Subdivision
Recommendation(s):
THAT the Council of the Corporation of the County of Elgin grants draft plan approval to
the Draft Plan of Subdivision by Callon Dietz on behalf of Farhi Holdings Corporation
and dated December 7, 2023; and,
THAT staff be directed to provide notice of this decision subject the conditions of final
approval in accordance with the requirements of the Planning Act.
Introduction:
This report provides County Council with information required to consider granting draft
plan approval to the above -noted plan of subdivision. In accordance with Section 51 of
the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required
to make a decision which approves, or refuses to approve, a draft plan of subdivision.
Background and Discussion:
The County of Elgin is in receipt of an application for draft plan of subdivision for the
above -noted lands located in the Community of Talbotville in the Township of
Southwold. The application would facilitate the creation of a residential plan of
subdivision comprised of 172 single detached building lots, two multiunit development
blocks, two commercial development blocks, two future development blocks, as well as
an internal road network, parkland, and associated infrastructure, all serviced by full
municipal services. The application was originally draft approved by the County Council
in 2018 with final approval already provided to certain phases, which have been
developed and/or under construction.
Under the Planning Act, approval authorities can include a `lapsing date' (typically
between three and five years) on draft plan approvals. This requires an applicant to
fulfill their conditions of draft approval and register their plan of subdivision in advance
of the stated lapsing date. If an applicant does not fulfil their obligations within that
period, the approval is deemed to have lapsed.
Page 117 of 347
While County Council has previously granted draft approval, and some phases of the
development have proceeded to final approval, the applicants inadvertently let the draft
plan approval lapse toward the end of 2021, and as such, have re -applied for draft
approval to advance the remaining phases of their development to final approval.
The resubmitted application proceeded through the standard application process, which
in this case, included the re -submission of a number of technical studies and reports,
and the re -circulation to statutory review agencies. County staff have had the
opportunity to review the application under the requirements of the Planning Act, the
Provincial Policy Statement, the County Official Plan, and the new Southwold Official
Plan and are satisfied that the application meets all relevant requirements. A revised
series of conditions to the draft approval have been prepared to accompany the
approval, should County Council deem it appropriate to approve. In some cases
commenting bodies such as the Conservation Authority and Canada Post did not submit
new conditions of approval as they have already issued permits and/or provided their
final approvals/clearances for the lapsed draft approval. The application has also been
re -heard by the Township of Southwold, and is supported by both municipal staff and
council.
Financial Implications:
There are no identified direct financial implications to the County with respect to the
approval of the application.
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
® Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
This plan will directly impact the Township of Southwold.
Page 118 of 347
Communication Requirements:
Notice of the decisions for the application will be sent out to all parties that requested
notification, to the local municipality, and to any other person / body prescribed under
the Planning Act.
Conclusion:
Based on the above analysis it is recommended that County Council provide draft plan
approval to the subject application along with the associated conditions, as the
application:
Is consistent with the Provincial Policy Statement;
• Conforms to the County of Elgin, and Township of Southwold Official Plans; and
• Constitutes good planning and is in the public interest.
All of which is Respectfully Submitted
Paul Hicks
Acting Manager of Planning
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 119 of 347
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Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
The conditions and amendments to final plan of approval for registration of this subdivision
as provided by the County of Elgin are as follows:
No.
CONDITIONS
1. This approval applies to the draft plan of subdivision, prepared by Callon Dietz Land
Surveyors and certified by Terry P. Dietz, Ontario Land Surveyor, dated December 7,
2023, which illustrates:
• 172 lots for single detached dwellings
• 3 blocks for 0.3 metre reserves
• 3 blocks for open space
• 2 blocks for multiunit residential dwellings
• 2 blocks for commercial uses
• 2 blocks for future development
• 1 block for a pumping station
2. This approval applies for three years, and if final approval is not given by that date, the
draft approval shall lapse, except in the case where an extension has been granted by
the County of Elgin.
3. That the Owner be required to enter into a development agreement with the municipality
wherein the owner agrees to satisfy all the requirements financial and otherwise,
including but not limited to: the payment of fees and development charges, provision of
roads, installation and capacity of services, sanitary sewerage collection system, storm
water collection system, water distribution system, utilities, stormwater management
facilities, sidewalks, active transportation facilities, traffic signage, streetlighting system,
pavement markings, temporary lot drainage, temporary drainage systems at limits of
subdivision phases, fencing, buffering, retaining walls, and trees for the development of
the lands within the plan, all in accordance with approved drawings and specifications.
4. That the development agreement between the Owner and the Municipality contain
1
Page 121 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
provisions requiring financial contributions be made and/or secured to the Municipality
including all required letters of credit, cash securities and insurances (for a period of time
up to and including two years after final completion of all required municipal infrastructure
and services). Development Charges, Securities (100% of estimated work on public
lands), Water Connection Fees, Deposit for legal fees, costs incurred by the Township,
Cash in lieu of parkland and all other associated fees to be paid upon submission of
signed agreement.
5. That the development agreement between the Owner and the Municipality be registered
against the title of the lands to which it applies prior to the registration of the plan of
subdivision.
6. That the development agreement contains provisions to the satisfaction of the
Municipality regarding the phasing or timing of the development. That the Owner shall
submit plans showing any revised phasing to the Municipality for review and approval if
this subdivision is to be developed in more than one registration.
7. That prior to final approval by Elgin County, the County is to be advised by the
Municipality that this proposed subdivision conforms to the zoning by-law in effect. The
Owner shall provide to the Municipality a table of lot areas and lot frontages certified by
an Ontario Land Surveyor confirming compliance with the Zoning By-law.
8. That the Owner shall provide easements as may be required for services, utility or
drainage purposes, and where required by the Municipality, daylight corners and/or 0.3
metre reserves shall be shown on the final plan and conveyed in a form satisfactory to
the Municipality and the relevant agency.
9. That the Owner provide to the municipality all servicing plans and reports for the review
and final approval by the Municipality in accordance with the Development Standards
Manual to the satisfaction of the Municipality.
10.That the development agreement, between the Owner and the Municipality, contain
provisions, to the satisfaction of the Municipality and the Kettle Creek Conservation
Authority, that stipulates, that prior to obtaining final approval, for any phase of the
development, that the Owner, will finalize an engineering analysis, to identify stormwater
K
Page 122 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
quality and quantity measures, as necessary to control any increase in flows in
downstream watercourses, in accordance with any relevant municipal/provincial,
standards or guidelines, in consultation with the applicable authority.
11.That the development agreement, between the Owner and the Municipality, contain
provisions, to the satisfaction of the Municipality, that stipulates, that prior to obtaining
final approval, for any phase of the development, that the Owner, will finalize the following
plans and reports in accordance with any relevant municipal/provincial, standards or
guidelines, in consultation with the applicable authority and the satisfaction of the
Municipality:
a) Grading Plans;
b) Site Servicing Plans;
c) Erosion and Sediment Control Plans;
d) Phasing Plans;
e) Sanitary and Storm Area Plans — showing pre and post tributary areas, outlets
stormwater management calculations, etc.;
f) Subdivision Plans;
g) Details and Notes Plans as Required;
h) Plans and Profiles
i) Photometric Plans; and
j) Any other plans deemed necessary by the Township.
12.That the development agreement between the Owner and the Municipality contain
provisions, that requires, that the Owner will establish a legal stormwater outlet under
the provisions of the Drainage Act in consideration of the necessary road upgrades and
stormwater management, to service the subject lands, and shall request any required
apportionments under the same, to the satisfaction of the Municipality.
13.That the development agreement between the Owner and the Municipality contain
provisions, that requires, that the Owner, installs the stormwater management measures,
for any phase of the development, identified in the final engineering analysis completed,
as part of the development for the site and undertake to implement the recommendations
contained therein, to the satisfaction of the Municipality and the Kettle Creek
Conservation Authority.
3
Page 123 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
14.That the subdivision agreement between the Owner and the Municipality contain
provisions, that requires, that the Owner, installs the stormwater management measures,
for any phase of the development, identified in the final engineering analysis completed,
as part of the development for the site and undertake to implement the recommendations
contained therein, to the satisfaction of the Municipality and the Kettle Creek
Conservation Authority.
15.That prior to undertaking construction or site alteration activities, any necessary permits
or approvals, be received, from the Kettle Creek Conservation Authority.
16.That prior to final approval, the Municipality shall confirm that reserve sewage treatment
conveyance capacity and water supply capacity is available for all lots in the proposed
development.
17.That the development agreement between the Owner and the Municipality shall contain
the following clause:
"The Owner acknowledges that an oil, gas or water well ("Well") that is improperly
constructed, maintained or abandoned presents a safety risk to humans as well as a
potential risk to pollute groundwater resources. The Owner represents and warrants that
it has researched the Oil, Gas and Salt Resources Library and the Ministry of
Environment, Conservation and Parks Well Records (together the "Records") and has
made itself aware of the presence of any Well on the lands. The Owner acknowledges
that not all Wells are recorded or located accurately in the Records. The Owner further
represents and warrants that it has:
a) systematically searched the subject lands for potential Well sites; and
b) taken all other necessary steps to ensure that there are no other Wells on the
subject lands and that any Well found has been or will be capped in accordance
with the applicable legislation, regulations, guidelines or orders, the proof of which
shall be submitted to the Municipality.
In the event that an improperly constructed, maintained or abandoned Well is found upon
or within any lands either conveyed to the Municipality as a requirement of the
development agreement or lands which become owned by and/or under the jurisdiction
of the Municipality as a result of the registration of the plan of subdivision, the Owner
C!
Page 124 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
covenants and agrees to indemnify and save harmless the Municipality for all costs
incurred relating to the capping, repairing or otherwise remediating of such Well in
accordance with the applicable legislation, regulations, guidelines or orders. It is the
intention of the parties that this provision shall survive the closing of any transaction
related to the transfer of the applicable lands."
18.That the development agreement between the Owner and the Municipality shall contain
a provision requiring the installation of perimeter fencing. The location, type, height of
the fencing shall be shown on the appropriate drawing, to the satisfaction of the
Municipality. Fencing shall be installed prior to final approval by the County, the cost of
materials and installation shall be included in the calculation of securities and will be held
to ensure completion.
19.That the subdivision agreement between the Owner and the Municipality contain a
provision requiring the owner to notify in writing each person who first offers to purchase
any subdivided lot within the plan of subdivision of all approved development charges,
including development charges for school purposes, relating to any such lot pursuant to
Section 59(4) of the Development Charges Act, 1997, and the Education Act.
20.That prior to final approval by Elgin County, the Owner shall submit for review and
approval by the Municipality, a draft of the final M plan.
21.That the Owner shall confirm that all dwellings will be setback a minimum of 15 metres
from the adjacent Canadian National Railways right-of-way.
22. That the Owner shall install and maintain a chain linkfence of a minimum of 1.83 metres
in height along the mutual property line of the subdivision and the adjacent Canadian
National Railways right-of-way.
23. That the following clause shall be inserted in all development agreements, offers of
purchase and sale, and agreements of purchase and sale or lease of each dwelling unit
within 300 metres of the Canadian National Railways right-of-way:
"Warning: Canadian National Railway Company or its assigns or successors in interest
has or have a right-of-way within 300 metres from the subject lands hereof. There may
Page 125 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
be alternations to, or expansions of the railway facilities on such rights -of -way in the
future including the possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living environment of the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s).
Canadian National Railways will not be responsible for any complaints or claims arising
from use of such facilities and/or operations on, over, or under the aforesaid rights -of -
way."
24.That any proposed alterations to the existing drainage pattern affecting railway property
must receive prior concurrence from the Railway and be substantiated by a drainage
report to the satisfaction of the Railway.
25. That the Owner shall be required to grant Canadian National Railways an environmental
easement for operational noise and vibration emissions, registered against the subject
property in favour of the Railway.
26.That the Owner provide to Enbridge, the necessary easements and/or agreements
required by Enbridge for the provision of gas services for the proposed development, in
a form satisfactory to Enbridge.
27.That the Owner must make arrangements satisfactory to Hydro One for lot grading and
drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing
existing and proposed final grades, must be submitted to Hydro One for review and
approval. The drawings must identify the transmission corridor, location of towers within
the corridor and any proposed uses within the transmission corridor. Drainage must be
controlled and directed away from the transmission corridor.
28.That the subdivision agreement shall include a provision stating that the Owner agree
that any development in conjunction with the subdivision must not block vehicular
access to any Hydro One facilities located on their transmission corridor, and that during
construction, there must be no storage of materials or mounding of earth, snow or other
debris on the transmission corridor.
Page 126 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
29.That the subdivision agreement shall include a provision stipulating that temporary
fencing, constructed at the Owner's expense, must be placed along the transmission
corridor prior to construction, and permanent fencing must be erected where subdivision
lots directly abut the transmission corridor after construction is completed.
30.That the subdivision agreement shall include a provision stipulating that the costs of any
relocations or revisions to Hydro One facilities which are necessary to accommodate
this subdivision will be borne by the Owner and that the Owner will be responsible for
restoration of any damage to the transmission corridor or Hydro One facilities thereon
resulting from construction of the subdivision.
31.That the subdivision agreement shall include a provision stipulating that Hydro One's
easement rights will be protected and maintained.
32.That prior to final approval of the plan of subdivision, the Township of Southwold shall
advise in writing how conditions 1 to 20 have been satisfied.
33.That prior to final approval Canadian National Railway shall advise in writing how
conditions 21 to 25 have been satisfied.
34.That prior to final approval Enbridge shall advise in writing how condition 26 has been
satisfied.
35.That prior to final approval Hydro One shall advise in writing how conditions 27 to 30
have been satisfied.
NOTES TO DRAFT APPROVAL:
1. It is the owner's responsibility to fulfill the conditions of draft approval.
2. It is suggested that the applicant be aware of section 144 of the Land Titles Act and
subsection 78(10) of the Registry Act.
rA
Page 127 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
Subsection 144 (1) of the Land Titles Act requires that a plan of subdivision of land that
is located in a land titles division be registered under the Land Titles Act. Exceptions
to this provision are set out in subsection 144(2).
Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that is
located only in a registry division cannot be registered under the Registry Act unless
that title of the owner of the land has been certified under the Certification of Titles Act.
Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10).
3. The owner is advised that in the event that deeply buried archaeological remains
should be discovered during construction, it is recommended that archaeological staff
of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly,
in the event that human remains should be encountered during construction, it is
recommended that the proponent immediately notify the Ontario Ministry of Tourism,
Culture and Sport and the Registrar of the Cemeteries Regulation Unit of the
Cemeteries Branch.
4. The Ontario Land Surveyor responsible for preparing the final plan for registration
should contact the Township of Southwold regarding the preparation of the final plan
to ensure the requirements of draft approval are properly addressed in the preparation
of the final plan and that the final plan prepared contains sufficient geodetic information
to locate the plan within the UTM Coordinate System, North American Datum 1983,
prior to submitting the plan for final approval. A digital copy of the final plan, in a form
satisfactory to the Township of Southwold, is required as part of the final plan
submission.
5. Inauguration, or extension of a piped water supply, a sewage system or a storm
drainage system, is subject to the approval of the Ministry of the Environment under
Sections 52 and Section 53 of the Ontario Water Resources Act.
6. The owner is hereby advised that the review of this plan of subdivision did not include
groundwater, soil or atmosphere testing to fully discount the possibility that waste
materials and/or other contaminants are present within or in close proximity to this
subdivision. If either the owner or the Municipality requires such assurance before
Page 128 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
proceeding with this plan of subdivision, a team of consultants should be retained to
conduct any necessary investigations.
7. The Ministry of the Environment, Conservation and Parks must be advised immediately
should waste materials or other contaminants be discovered during the development
of this plan of subdivision. If waste materials or contaminants are discovered, a further
approval under Section 46 of the Environmental Protection Act may be required from
that Minister.
8. The owner is advised that if any unplugged petroleum wells or associated works are
identified during the development of the site, the owner shall notify the Petroleum
Resources Centre of the Ministry of Natural Resources and Forestry. The owner shall
plug the wells and rehabilitate the surface according to the Provincial Standards of the
Oil, Gas and Salt Resources Act. The Ministry of Natural Resources and Forestry
recommends that no structures be built immediately over a plugged petroleum well.
9. The owner is advised to contact Bell Canada at planninganddevelopment@bell.ca
during the detailed utility design stage to confirm the provision of communications /
telecommunications infrastructure needed to service the development.
10. It shall be noted that it is the responsibility of the owner to provide entrance/service
duct(s) from Bell Canada's existing network infrastructure to service the approved draft
plan of subdivision. In the event that no such network infrastructure exists, in
accordance with the Bell Canada Act, the owner may be required to pay for the
extension of such network infrastructure. If the owner elects not to pay for the above
noted connection, Bell Canada may decide not to provide service to this development.
11. Canada Post will provide mail delivery service to this development through centralized
Community Mailboxes (CMBs) unless.
12. If the development includes plans for (a) multi -unit building(s) with a common indoor
entrance, the developer must supply, install and maintain the mail delivery equipment
within these buildings to Canada Post's specifications. If there are over 100 units, a
mail room will be required.
X
Page 129 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
13. Please provide Canada Post with the excavation date for the first foundation/first phase
as well as the date development work is scheduled to begin so that we can plan for
equipment. Finally, please provide the expected installation date(s) for the CMB(s).
14. The transmission lines abutting the subject lands operate at either 500,000, 230,000
or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational
Health and Safety Act, require that no object be brought closer than 6 metres (20 feet)
to an energized 500 kV conductor. The safe vertical distance for 230 kV conductors is
4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the
developer's responsibility to be aware, and to make all personnel on site aware, that
all equipment and personnel must come no closer than the safe vertical distance
specified in the Act. All parties should also be aware that the conductors can raise and
lower without warning, depending on the electrical load placed on the line.
15. It is suggested that the Municipality register the subdivision agreement as provided by
subsection 51(26) of the Planning Act, against the land to which it applies, as notice to
prospective purchasers.
12. Clearances are required from the following agencies:
Clerk
Township of Southwold
35663 Fingal Line
Fingal, Ontario NOL 1 KO
Bell Canada
1 Carrefour Alexander -Graham -Bell
Building A, 4th Floor
Montreal, QC H3E 3133
Delivery Services Officer
Delivery Planning
Canada Post Corporation
955 Highbury Ave
London, ON N5Y 1A3
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Page 130 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- S02302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
If the agency's condition concerns a clause in the subdivision agreement, a copy of the
agreement should be sent to them. This will expedite clearance of the final plan. A
copy of the agreement is also required by the County of Elgin.
13. All measurements on subdivision and condominium final plans must be presented in
metric units.
The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document
Format (PDF) with the appropriate citation from the Planning Act used.
The AutoCAD (DWG) file must be consistent with the following standards:
• Georeferenced to the NAD83 UTM Zone 17M coordinate system.
• All classes of features must be separated into different layers.
• Each layer should be given a descriptive name so that the class of feature it
contains is recognizable.
The final plan approved by the County of Elgin must include the following paragraph
on all copies (3 mylars and 4 paper) for signature purposes:
Approval Authority Certificate
This final plan of subdivision is approved by the County of Elgin under Section 51 (58)
of the Planning Act, R.S.O. 1990, on this day of 20
Manager of Planning
14. The approval of this draft plan of subdivision File No. 34T-SO2301 will lapse on
January 9, 2027, pursuant to subsection 51(32) of the Planning Act, as amended. It
is the responsibility of the owner to request an extension of the draft approval if one is
needed. A request for extension should be made at least 60 days before the approval
lapses since no extension can be given after the lapsing date. The request should
11
Page 131 of 347
Owner: Farhi Holdings Corporation
Applicant: Farhi Holdings Corporation
File No.: 34T- SO2302
Municipality: Southwold
Subject Lands: Part of Lots 39 and 40, Concession
South of the North Branch of Talbot Road,
Geographic Township of Southwold, Township of
Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
include the reasons why an extension is needed and a resolution in support of the
extension from Council of the Township of Southwold.
15. The final plan approved by the County of Elgin must be registered within 30 days or
the County may withdraw its approval under subsection 51(59) of the Planning Act.
12
Page 132 of 347
ElginCOUnty'
Report to County Council
From: Paul Hicks, Acting Manager of Planning
Date: January 9, 2024
Subject: PS 24-3 Application for Draft Plan of Subdivision, 4000-4324 Thomas Road,
Township of Southwold
Recommendation(s):
1. THAT the Council of the Corporation of the County of Elgin grants draft plan
approval to Draft Plan of Subdivision by CJDL Consulting Engineers on behalf of Mr.
Allan Rickwood and dated August 23, 2023; and,
2. THAT staff be directed to provide notice of this decision subject to the conditions of
final approval in accordance with the requirements of the Planning Act.
Introduction:
This report provides County Council with information required to consider granting draft
plan approval to the above -noted plan of subdivision. In accordance with Section 51 of
the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required
to make a decision which approves, or refuses to approve, a draft plan of subdivision.
Background and Discussion:
The County of Elgin is in receipt of an application for draft plan of submission for the
above -noted lands located in the Community of North Port Stanley in the Township of
Southwold. The application would facilitate the creation of a residential plan of
subdivision comprised of nine single detached building lots fronting onto an existing
local road (Thomas Road) and serviced by partial services (in this case municipal piped
water and private on -site septic systems).
The application proceeded through the standard application process including the
preparation, review, and acceptance of a number of technical studies and reports, and
the technical circulation to statutory review agencies. County staff have had the
opportunity to review the application under the requirements of the Planning Act, the
Provincial Policy Statement, the County Official Plan, and the Southwold Official Plan
Page 133 of 347
and are satisfied that the application meets all relevant requirements. A series of
conditions to the draft approval have been prepared to accompany the approval, should
County Council deem it appropriate to approve, including conditions from: the
Township of Southwold and Bell Canada. The application is also supported by both
staff and council at the Township of Southwold.
Financial Implications:
There are no identified direct financial implications to the County with respect to the
approval of the application.
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
® Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
This plan will directly impact the Township of Southwold.
Communication Reauirements:
Notice of the decisions for the application will be sent out to all parties that requested
notification, to the local municipality, and to any other person / body prescribed under
the Planning Act.
Page 134 of 347
Conclusion:
Based on the above analysis it is recommended that County Council provide draft plan
approval to the subject application along with the associated conditions, as the
application:
Is consistent with the Provincial Policy Statement;
• Conforms to the County of Elgin, and Township of Southwold Official Plans; and
• Constitutes good planning and is in the public interest.
All of which is Respectfully Submitted
Paul Hicks
Acting Manager of Planning
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 135 of 347
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Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
The conditions and amendments to final plan of approval for registration of this subdivision
as provided by the County of Elgin are as follows:
No.
CONDITIONS
1. This approval applies to the draft plan of subdivision, prepared by CJDL Consulting
Engineers and certified by Kim Husted, Ontario Land Surveyor, dated August 23, 2023,
which shows:
• 9 single detached lots (Lots 1-9).
2. This approval applies for three years, and if final approval is not given by that date, the
draft approval shall lapse, except in the case where an extension has been granted by
the County of Elgin.
3. That the Owner be required to enter into a development agreement with the municipality
wherein the owner agrees to satisfy all the requirements financial and otherwise, may
include but not limited to: the payment of fees and development charges, provision of
roads, installation and capacity of services, sanitary sewerage collection system, storm
water collection system, water distribution system, utilities, stormwater management
facilities, sidewalks, active transportation facilities, traffic signage, streetlighting system,
pavement markings, temporary lot drainage, temporary drainage systems at limits of
subdivision phases, fencing, buffering, retaining walls, and trees for the development of
the lands within the plan, all in accordance with approved drawings and specifications.
4. That the development agreement between the Owner and the Municipality contain
provisions requiring financial contributions be made and/or secured to the Municipality
including all required letters of credit, cash securities and insurances (for a period of time
up to and including two years after final completion of all required municipal infrastructure
and services). Development Charges, Securities (100% of estimated work on public
lands), Water Connection Fees, Deposit for legal fees, costs incurred by the Township,
1
Page 137 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
Cash in lieu of parkland and all other associated fees to be paid upon submission of
signed agreement.
5. That the development agreement between the Owner and the Municipality be registered
against the title of the lands to which it applies prior to the registration of the plan of
subdivision.
6. That the development agreement contains provisions to the satisfaction of the
Municipality regarding the phasing or timing of the development. That the Owner shall
submit plans showing any revised phasing to the Municipality for review and approval if
this subdivision is to be developed in more than one registration.
7. That the Owner convey to the Municipality for park or other recreational purposes up to
5% of the land included in the plan. Alternatively, the Municipality may require cash -in -
lieu of all or a portion of the conveyance.
8. That prior to final approval by Elgin County, the County is to be advised by the
Municipality that this proposed subdivision conforms to the zoning by-law in effect. The
Owner shall provide to the Municipality a table of lot areas and lot frontages certified by
an Ontario Land Surveyor confirming compliance with the Zoning By-law.
9. That the Owner shall provide easements as may be required for services, utility or
drainage purposes, and where required by the Municipality, daylight corners and/or 0.3
metre reserves shall be shown on the final plan and conveyed in a form satisfactory to
the Municipality and the relevant agency.
10.That the Owner shall apply to the Land Division Committee of Elgin County to obtain the
necessary the easements as may be required for access to Lots 8 and 9 to be conveyed
in a form satisfactory to the Municipality.
11.That the Owner provide to the municipality all servicing plans and reports for the review
and final approval by the Municipality in accordance with the Development Standards
Manual to the satisfaction of the Municipality.
K
Page 138 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
12.That the development agreement, between the Owner and the Municipality, contain
provisions, to the satisfaction of the Municipality and the Kettle Creek Conservation
Authority, that stipulates, that prior to obtaining final approval, for any phase of the
development, that the Owner, will finalize an engineering analysis, to identify stormwater
quality and quantity measures, as necessary to control any increase in flows in
downstream watercourses, in accordance with any relevant municipal/provincial,
standards or guidelines, in consultation with the applicable authority.
13.That the development agreement, between the Owner and the Municipality, contain
provisions, to the satisfaction of the Municipality, that stipulates, that prior to obtaining
final approval, for any phase of the development, that the Owner, will finalize the following
plans and reports in accordance with any relevant municipal/provincial, standards or
guidelines, in consultation with the applicable authority and the satisfaction of the
Municipality:
a) Grading Plan; which demonstrates how the lots will control all run-off water,
building envelope including area sufficient for the location of private on -site
sanitary sewage system for each parcel,
b) Site Servicing Plan — showing all the relevant servicing data, including building
envelopes, water services, driveway locations, septic system envelopes, storm
private drain connections and low impact development features.
c) Erosion and Sediment Control Plans
14.That the development agreement between the Owner and the Municipality contain
provisions, that requires, that the Owner will establish a legal stormwater outlet under
the provisions of the Drainage Act in consideration of the necessary road upgrades and
stormwater management, to service the subject lands, and shall request any required
apportionments under the same, to the satisfaction of the Municipality.
15.That the development agreement between the Owner and the Municipality contain
provisions, that requires the septic systems for each lot should include sewage treatment
units which have a CAN/BNQ 3680-600 Level IV Classification or a tertiary septic system
designed to the satisfaction of the Municipality.
3
Page 139 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
16.That the development agreement between the Owner and the Municipality contain
provisions, that requires, that the Owner, installs the stormwater management measures,
for any phase of the development, identified in the final engineering analysis completed,
as part of the development for the site and undertake to implement the recommendations
contained therein, to the satisfaction of the Municipality and the Kettle Creek
Conservation Authority.
17.That prior to undertaking construction or site alteration activities, any necessary permits
or approvals, be received, from the Kettle Creek Conservation Authority.
18.That prior to final approval, the Municipality shall confirm that reserve sewage treatment
conveyance capacity and water supply capacity is available for all lots in the proposed
development.
19.That the development agreement between the Owner and the Municipality shall contain
the following clause:
"The Owner acknowledges that an oil, gas or water well ("Well") that is improperly
constructed, maintained or abandoned presents a safety risk to humans as well as a
potential risk to pollute groundwater resources. The Owner represents and warrants that
it has researched the Oil, Gas and Salt Resources Library and the Ministry of
Environment, Conservation and Parks Well Records (together the "Records") and has
made itself aware of the presence of any Well on the lands. The Owner acknowledges
that not all Wells are recorded or located accurately in the Records. The Owner further
represents and warrants that it has:
a) systematically searched the subject lands for potential Well sites; and
b) taken all other necessary steps to ensure that there are no other Wells on the
subject lands and that any Well found has been or will be capped in accordance
with the applicable legislation, regulations, guidelines or orders, the proof of which
shall be submitted to the Municipality.
C!
Page 140 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
In the event that an improperly constructed, maintained or abandoned Well is found upon
or within any lands either conveyed to the Municipality as a requirement of the
development agreement or lands which become owned by and/or under the jurisdiction
of the Municipality as a result of the registration of the plan of subdivision, the Owner
covenants and agrees to indemnify and save harmless the Municipality for all costs
incurred relating to the capping, repairing or otherwise remediating of such Well in
accordance with the applicable legislation, regulations, guidelines or orders. It is the
intention of the parties that this provision shall survive the closing of any transaction
related to the transfer of the applicable lands."
20.That the development agreement between the Owner and the Municipality shall contain
provisions, to the satisfaction of the Municipality, that necessary upgrades to Thomas
Road, that may include but not limited to roads, paved shoulders, gravel shoulders,
pavement markings, streetlighting system, water distribution system, storm water
collection system, roadside drainage, boulevard restoration with topsoil and grass, traffic
signage, along Thomas Road are the responsibility of the Owner and are all required to
be completed in accordance with approved drawings and specifications to the
satisfaction of the Director of Infrastructure and Development Services.
21.That the development agreement between the Owner and the Municipality shall contain
a provision, to the satisfaction of the Municipality, that there be a notice/warning clause
in every agreement of purchase and sale advising purchasers to be aware of adjacent
agricultural lands and uses. The warning clause should, at the minimum, contain the
following information:
a) new residents acknowledge: the nearby agricultural operations and agree to support
the "right to farm" principle;
b) that adjacent farms deploy the use of frost windmills which operate to circulate air to
prevent fruit from freezing;
c) that adjacent farms utilize and house specialized seasonal farm workers tomaintain
the crop;
d) that farming operations use sprays to ensure healthy crops; these are all approved
for safe use by Health Canada;
Page 141 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
e) that specialized farming equipment is used and are permitted to be on adjacent
roadways; and
f) that manure maybe applied to adjacent farms which can produce unpleasant odours;
farmers follow strict nutrient management plans.
22.That the development agreement between the Owner and the Municipality shall contain
a provision requiring the installation of permitter fencing along the rear yards of Lots 1-3
and Lots 5-9, as well as the adjacent residential properties addressed as 4390-4426
Thomas Road. The location, type, height of the fencing shall be shown on the appropriate
drawing, to the satisfaction of the Municipality. Fencing shall be installed prior to final
approval by the County, the cost of materials and installation shall be included in the
calculation of securities and will be held to ensure completion.
23.That the subdivision agreement between the Owner and the Municipality contain a
provision, to the satisfaction of the Municipality, that prior to site alteration of any kind,
and final approval by Elgin County, the Owner shall finalize/update the EIS titled, "4324
Thomas Road Environmental Impact Study" prepared by MTE Consultants Inc. dated
August 9, 2023 to the satisfaction of the Planning Authority, and implement the
recommendations contained therein, along with any other letters / authorizations /
directions from the MECP, and confirm that any site alteration will be completed in
accordance with the Endangered Species Act, 2007.
24.That the subdivision agreement between the Owner and the Municipality contain a
provision requiring the owner to notify in writing each person who first offers to purchase
any subdivided lot within the plan of subdivision of all approved development charges,
including development charges for school purposes, relating to any such lot pursuant to
Section 59(4) of the Development Charges Act, 1997, and the Education Act.
25.That prior to final approval by Elgin County, the Owner shall submit for review and
approval by the Municipality, a draft of the final 11 M plan.
Page 142 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
26. The subdivision agreement shall require that the owner consult with Canada Post to
determine suitable permanent locations for the Community Mail Boxes and these will
then be indicated on the appropriate servicing plans.
27. The subdivision agreement shall require the owner, prior to offering any units for
sale/rent, to display a map on the wall of the sales office in a place readily accessible to
potential owners/renters that indicates the location of all Community Mail Boxes within
the development, as approved by Canada Post.
28. The subdivision agreement shall require the owner to include, in all offers of purchase /
rental, a statement which advises the purchaser/renter that mail will be delivered via
Community Mailbox and also notes the locations of all Community Mail Boxes within the
development, and to notify affected owners/renters of any established easements
granted to Canada Post to permit access to the Community Mailbox.
29. The subdivision agreement shall require the owner to provide a suitable and safe
temporary site for a Community Mailbox until curbs, sidewalks and final grading are
completed at the permanent Community Mailbox locations. Canada Post will provide
mail delivery to new residents/tenants as soon as the homes/businesses are occupied.
30. The subdivision agreement shall require the owner to provide the following for each
Community Mailbox site and to include these requirements on the appropriate servicing
plans:
• Any required walkway across the boulevard, per municipal standards;
• Any required curb depressions for wheelchair access, with an opening of at least
two to three metres (consult Canada Post for detailed specifications); and
• A Community Mailbox concrete base pad per Canada Post specifications.
31.The Owner acknowledges and agrees to convey any easement(s) as deemed
necessary by Bell Canada to service this new development. The Owner further agrees
and acknowledges to convey such easements at no cost to Bell Canada.
rA
Page 143 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
32.The Owner agrees that should any conflict arise with existing Bell Canada facilities
where a current and valid easement exists within the subject area, the Owner shall be
responsible for the relocation of any such facilities or easements at their own cost.
33.That prior to final approval of the plan of subdivision, the Township of Southwold shall
advise in writing how conditions 1 to 25 have been satisfied.
34.That prior to final approval Canada Post shall advise in writing how conditions 26 to 30
have been satisfied.
35.That prior to final approval of the plan of subdivision, Bell Canada shall advise in writing
how conditions 31 and 32 have been satisfied.
NOTES TO DRAFT APPROVAL:
1. It is the owner's responsibility to fulfill the conditions of draft approval.
2. It is suggested that the applicant be aware of section 144 of the Land Titles Act and
subsection 78(10) of the Registry Act.
Subsection 144 (1) of the Land Titles Act requires that a plan of subdivision of land that
is located in a land titles division be registered under the Land Titles Act. Exceptions
to this provision are set out in subsection 144(2).
Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that is
located only in a registry division cannot be registered under the Registry Act unless
that title of the owner of the land has been certified under the Certification of Titles Act.
Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10).
3. The owner is advised that in the event that deeply buried archaeological remains
should be discovered during construction, it is recommended that archaeological staff
Page 144 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly,
in the event that human remains should be encountered during construction, it is
recommended that the proponent immediately notify the Ontario Ministry of Tourism,
Culture and Sport and the Registrar of the Cemeteries Regulation Unit of the
Cemeteries Branch.
4. The Ontario Land Surveyor responsible for preparing the final plan for registration
should contact the Township of Southwold regarding the preparation of the final plan
to ensure the requirements of draft approval are properly addressed in the preparation
of the final plan and that the final plan prepared contains sufficient geodetic information
to locate the plan within the UTM Coordinate System, North American Datum 1983,
prior to submitting the plan for final approval. A digital copy of the final plan, in a form
satisfactory to the Township of Southwold, is required as part of the final plan
submission.
5. Inauguration, or extension of a piped water supply, a sewage system or a storm
drainage system, is subject to the approval of the Ministry of the Environment under
Sections 52 and Section 53 of the Ontario Water Resources Act.
6. The owner is hereby advised that the review of this plan of subdivision did not include
groundwater, soil or atmosphere testing to fully discount the possibility that waste
materials and/or other contaminants are present within or in close proximity to this
subdivision. If either the owner or the Municipality requires such assurance before
proceeding with this plan of subdivision, a team of consultants should be retained to
conduct any necessary investigations.
7. The Ministry of the Environment, Conservation and Parks must be advised immediately
should waste materials or other contaminants be discovered during the development
of this plan of subdivision. If waste materials or contaminants are discovered, a further
approval under Section 46 of the Environmental Protection Act may be required from
that Minister.
X
Page 145 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
8. The owner is advised that if any unplugged petroleum wells or associated works are
identified during the development of the site, the owner shall notify the Petroleum
Resources Centre of the Ministry of Natural Resources and Forestry. The owner shall
plug the wells and rehabilitate the surface according to the Provincial Standards of the
Oil, Gas and Salt Resources Act. The Ministry of Natural Resources and Forestry
recommends that no structures be built immediately over a plugged petroleum well.
9. The owner is advised to contact Bell Canada at planninganddevelopment@bell.ca
during the detailed utility design stage to confirm the provision of communications /
telecommunications infrastructure needed to service the development.
10. It shall be noted that it is the responsibility of the owner to provide entrance/service
duct(s) from Bell Canada's existing network infrastructure to service the approved draft
plan of subdivision. In the event that no such network infrastructure exists, in
accordance with the Bell Canada Act, the owner may be required to pay for the
extension of such network infrastructure. If the owner elects not to pay for the above
noted connection, Bell Canada may decide not to provide service to this development.
11. Canada Post will provide mail delivery service to this development through centralized
Community Mailboxes (CMBs).
12. If the development includes plans for (a) multi -unit building(s) with a common indoor
entrance, the developer must supply, install and maintain the mail delivery equipment
within these buildings to Canada Post's specifications. If there are over 100 units, a
mail room will be required.
13. Please provide Canada Post with the excavation date for the first foundation/first phase
as well as the date development work is scheduled to begin so that we can plan for
equipment. Finally, please provide the expected installation date(s) for the CMB(s).
iK
Page 146 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
14. It is suggested that the Municipality register the subdivision agreement as provided by
subsection 51(26) of the Planning Act, against the land to which it applies, as notice to
prospective purchasers.
12. Clearances are required from the following agencies:
Clerk
Township of Southwold
35663 Fingal Line
Fingal, Ontario NOL 1 KO
Bell Canada
1 Carrefour Alexander -Graham -Bell
Building A, 4th Floor
Montreal, QC H3E 3133
Delivery Services Officer
Delivery Planning
Canada Post Corporation
955 Highbury Ave
London, ON N5Y 1A3
If the agency's condition concerns a clause in the subdivision agreement, a copy of the
agreement should be sent to them. This will expedite clearance of the final plan. A
copy of the agreement is also required by the County of Elgin.
13. All measurements on subdivision and condominium final plans must be presented in
metric units.
The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document
Format (PDF) with the appropriate citation from the Planning Act used.
11
Page 147 of 347
Owner: Mr. Allan Rickwood
Applicant: Monteith Brown Planning Consultants
File No.: 34T- S02301
Municipality: Southwold
Subject Lands: Part of Lot 61, Marked `Bryce
Thompson', North of Fingal Street Registered Plan
20, and Part of Lot 15, Range 2 South of the Union
Road, and Part of the Road Allowance Between
Range 2 South of the Union Road, and Range 2
North of Lake Road, Geographic Township of
Southwold, Township of Southwold
Date of Decision: January 9, 2024
Date of Notice: ---
Last Date of Appeal: ---
Lapsing Date: January 9, 2027
The AutoCAD (DWG) file must be consistent with the following standards:
• Georeferenced to the NAD83 UTM Zone 17M coordinate system.
• All classes of features must be separated into different layers.
• Each layer should be given a descriptive name so that the class of feature it
contains is recognizable.
The final plan approved by the County of Elgin must include the following paragraph
on all copies (3 mylars and 4 paper) for signature purposes:
Approval Authority Certificate
This final plan of subdivision is approved by the County of Elgin under Section 51 (58)
of the Planning Act, R.S.O. 1990, on this day of 20
Manager of Planning
14. The approval of this draft plan of subdivision File No. 34T-SO2301 will lapse on
January 9, 2027, pursuant to subsection 51(32) of the Planning Act, as amended. It
is the responsibility of the owner to request an extension of the draft approval if one is
needed. A request for extension should be made at least 60 days before the approval
lapses since no extension can be given after the lapsing date. The request should
include the reasons why an extension is needed and a resolution in support of the
extension from Council of the Township of Southwold.
15. The final plan approved by the County of Elgin must be registered within 30 days or
the County may withdraw its approval under subsection 51(59) of the Planning Act.
12
Page 148 of 347
ElginCOUnty'
Report to County Council
From: Paul Hicks, Acting Manager of Planning
Date: January 9, 2024
Subject: PS 24-4 Municipality of Bayham OPA No. 35, Part of Lot 3, Concession 1,
Municipality of Bayham, 53921 Nova Scotia Line
Recommendation(s):
1. THAT the Council of the Corporation of the County of Elgin approves, Official Plan
Amendment No. 35 to the Official Plan of the Municipality of Bayham; and
2. THAT staff be directed to provide notice of this decision in accordance with the
requirements of the Planning Act.
Introduction:
The Council of the Municipality of Bayham has adopted an amendment to their official
plan, known as Official Plan Amendment Number 35 (OPA No. 35) and they have
subsequently forwarded the amendment to the County of Elgin for approval (see
attached). In accordance with Section 17 of the Planning Act, the Council of the County of
Elgin, as "Approval Authority," is required to make a decision on the adopted amendment
in which Council may approve, modify, or refuse to approve the amendment. If Elgin
County fails to make a decision within 120 days after the amendment is received, any
person or public body may appeal to the Ontario Land Tribunal.
This report is intended to provide County Council with the information required to make
a decision on the adopted amendment.
round and Discussion:
OPA No. 35 was adopted by Municipal Council on October 19t" 2023 (By-law No. 2023-
078). The purpose of the amendment is to add a new site -specific sub -section to permit
the severance of an existing dwelling made surplus through farm consolidation.
Although severances for surplus farm dwellings are generally permitted within the
Bayham Official Plan, under Section 2.1.7.1 of the Official Plan, a surplus dwelling
severance requires that the proponent or registered owner of the farm operation retains
a minimum of one dwelling within the boundary of the Municipality of Bayham. In this
Page 149 of 347
instance, the owner maintains ownership of a dwelling approximately 4.2 km from the
subject lands, but within the Township of Malahide and as such, the proposal does not
conform with the Official Plan. As a result, the applicant is seeking exemption from
Section 2.1.7.1.
The subject lands are designated "Agriculture" and "Natural Gas Reservoir" on
Schedule Al — Land Use in the Municipality of Bayham Official Plan. The lands are
zoned Agricultural (Al) on Schedule A Map No.13 of the Municipality of Bayham Zoning
By-law No. Z456-2003.
The proposal has proceeded through the standard application process, including the
preparation, review, and acceptance of required technical studies and reports, as well
as a technical circulation to statutory review agencies. A public meeting, as required
under the Planning Act, was subsequently held on September 21, 2023, prior to
Municipal Council's adoption of the OPA. No concerns were raised with respect to the
supporting materials provided, and no objections to the proposal were received by the
Municipality prior to making a decision. The OPA has the support of both municipal
staff and council.
County staff have had the opportunity to review the proposal and associated materials
against the requirements of the Planning Act, the Provincial Policy Statement, the
County Official Plan, and Municipality of Bayham Official Plan, and are satisfied that the
proposal meets all relevant requirements and is appropriate for the context of the
subject lands.
Financial Implications:
There are no identified direct financial implications to the County with respect to the
approval of the proposal.
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
❑ Ensuring alignment of
® Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Page 150 of 347
Local Municipal Partner Impact:
This amendment will directly impact the Municipality of Bayham.
Communication Requirements:
The Notice of Decision will be sent to the applicant, Municipality of Bayham and those
prescribed under the Planning Act.
Conclusion:
Based on the above analysis it is recommended that County Council approve, OPA No.
35 of the Official Plan of the Municipality of Bayham, as the modified amendment:
• Is consistent with the Provincial Policy Statement;
• Conforms to the County of Elgin Official Plan, and intent of the Municipality of
Bayham Official Plan; and
• Constitutes good planning and is in the public interest.
All of which is Respectfully Submitted
Paul Hicks
Acting Manager of Planning
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 151 of 347
AMENDMENT NO. 35
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Algar Farms Ltd.
53921 Nova Scotia Line
The following text constitutes
Amendment No. 35 to the Official Plan of
the Municipality of Bayham
Page 152 of 347
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham
by By-law No. 2023-078, in accordance with Section 17 of the PLANNING ACT, on the 19th
day of October 2023.
.�.��.�rv�;.�r
MAYOR
,o
CLERK
Page 153 of 347
THE CORPORATION OF THE MUNICIPALTY OF BAYHAM
BY-LAW NO 2023-078
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions
of the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 35 to the Official Plan of the Municipality of Bayham is hereby
adopted.
2) THAT the Clerk is hereby authorized and directed to make an application to the County
of Elgin for approval of the aforementioned Amendment No. 35 to the Official Plan of the
Municipality of Bayham,
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin
County,
ENACTED AND PASSED this 19" day of October 2023.
mW
MAYOR
CLERK
Page 154 of 347
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 35
1. PURPOSE
The purpose of the Official Plan Amendment is to add a new site -specific sub -section to
permit the severance of an existing dwelling made surplus through farm consolidation
that does not conform to policy Section 2.1.7.1 which requires a dwelling to be owned by
the farm operation within the Bayham municipal boundary. This would facilitate a future
Consent application to sever the existing dwelling.
2.. LOCATION
The Official Plan Amendment will be applicable to lands known as Concession 1, Part of
Lot 3 and known municipally as 53921 Nova Scotia Line.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as a farmed parcel with a residential dwelling,
accessory structure, and two wind turbines. The subject lands are located at 53921
Nova Scotia Line, south side, east of Richmond Road and west of Saxton Road. The
subject lands have a lot frontage of 211.3 metres (693.2 feet) onto Nova Scotia Line,
with an average lot depth of 974.6 metres (3,197.5 feet). The existing unpaved driveway
with access onto Nova Scotia Line currently serves the existing residential dwelling and
lands proposed to be severed. The agricultural lands have sufficient frontage onto Nova
Scotia Line to permit a secondary access driveway. The surrounding lands are
agricultural in all directions,.
The Provincial Policy Statement, 2020 and the Elgin County Official Plan permit surplus
farm dwelling severances where appropriate and where new residential dwellings are
prohibited, which in Bayham is accomplished by way of Conditions of the Consent to
have the owners obtain Zoning By-law Amendment approval from the Municipality.
The Bayham Official Plan only permits surplus farm dwelling severances where the farm
operation owns a dwelling within the Municipality. The subject farm operation has a
principal dwelling approximately 4.9 kilometres to the west within the Township of
Malahide, therefore, the farm operation does have a local presence even though the
principle dwelling is in Malahide, therefore, specifically permitting one surplus farm
Page 155 of 347
dwelling severance by way of new policy text section indicating the location of the lands
and permission for the severance would be in conformity to the Official Plan.
4. DETAILS OF THE AMENDMENT
a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended to
add the following subsection:
2.1.7.7 Notwithstanding Section 2.1.7.1, the dwelling located in Concession 1,
Part of Lot 3 and known municipally as 53921 Nova Scotia Line, and
existing as of October 11), 2023 (date of adoption), may be severed as a
surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm
operation is located within an adjacent municipality.
Page 156 of 347
ElginCOUnty'
Report to County Council
From: Michele Harris, Director of Homes and Seniors Services
Date: January 9, 2024
Subject: Homes — Amendment of Multi -Sector Service Accountability Agreement
Recommendation(s):
THAT the report titled: "Homes — Amendment of Multi -Sector Service Accountability
Agreement — MSAK dated January 9, 2024 be received and filed; and,
THAT council authorize staff to sign the CCA s. 22 Notice and Amendment of — Multi -
Sector Service Accountability Agreement ("Amendment Letter").
Introduction:
The Connecting Care Act, 2019 (CCA) requires Ontario Health (OH) to notify a health
service provider (HSP) when OH proposes to enter into, or amend, a service
accountability agreement with the HSP.
round and Discussion:
The Corporation of the County of Elgin has a Multi -Sector Service Accountability
Agreement (M-SAA) with Ontario Health which includes Bobier Villa and Terrace Lodge
Adult Day Programs. Ontario Health has provided notice and advises of Ontario
Health's intent to amend the 2023- 2024 Multi -Sector Service Accountability Agreement
- MSAA.
The MSAA includes terms and conditions for care and services, reporting requirements
(including sector specific schedules), performance requirements, and an annual
compliance declaration.
While maintaining the current agreement structure, amendments included in the CCA s.
22 Notice and Amendment of — Multi -Sector Service Accountability Agreement
("Amendment Letter") include the following:
• Replacement of the 2 % base assumption with a 3 % increase to the global base
allocation
• Revision of the 2023-2024 CAPS funding
• Net increase to funding $16,775 for 2023-2024
Page 157 of 347
The "CCA s. 22 Notice and Amendment of Multi -Sector Service Accountability
Agreement ("Amendment Letter")" is attached for reference.
Financial Implications:
The amendment results in a net increase in funding for 2023-2024 which will be utilized
to support staffing and services to the Adult Day Programs at Bobier Villa and Terrace
Lodge.
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
❑ Planning for and
❑ Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
® Exploring different ways
® Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
Communication Requirements:
The completed and signed CCA s. 22 Notice and Amendment of — Multi -Sector Service
Accountability Agreement ("Amendment Letter") shall be forwarded, as required, to
Ontario Health West within the required timelines.
Conclusion:
Staff recommend that the CCA s. 22 Notice and Amendment of — Multi -Sector Service
Accountability Agreement ("Amendment Letter") be signed and submitted as required.
All of which is Respectfully Submitted
Michele Harris
Director of Homes and Seniors Services
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 158 of 347
h l OntarioHealth
West.
December 4, 2023
Don Shropshire
Acting Chief Administrative Officer
Corporation of the County of Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
cao@elgin.ca
DELIVERED ELECTRONICALLY
Dear Don:
Re: CCA s. 22 Notice and Amendment of Multi -Sector Service Accountability Agreement
("Amendment Letter")
The Connecting Care Act, 2019 ("CCA") requires Ontario Health ("OH") to notify a health service provider
when OH proposes to enter into, or amend, a service accountability agreement with that health service
provider.
OH hereby gives notice and advises Corporation of the County of Elgin (the "HSP") of OH's intent to
amend the Multi -Sector Service Accountability Agreement (as described in the CCA) currently in effect
between OH and the HSP (the "SAA").
Subject to the HSP's acceptance of this Amendment Letter, the SAA will be amended. All other terms and
conditions of the SAA will remain in full force and effect.
The terms and conditions in the SAA are amended as follows:
1. Amended Schedules A-F
Unless otherwise defined in this Amendment Letter, all capitalized terms used in this letter have the
meanings set out in the SAA.
Please indicate the HSP's acceptance and agreement to the amendments described in this Amendment
Letter by signing below and returning one scanned copy of this letter by e-mail no later than the end of
business day on December 15, 2023 to: OH-West-Reports@ontariohealth.ca.
The HSP and OH agree that this Amendment Letter may be validly executed electronically, and that their
respective electronic signature is the legal equivalent of a manual signature.
525 University Avenue, 5th Floor, Toronto ON, M5G 2B
Page 159 of 347
December 4, 2023
Should you have any questions regarding the information provided in this Amendment Letter, please
contact Anne Nelson, Analyst, Performance, Accountability and Funding Allocation at
Anne. Nelson @ontariohealth.ca.
Sincerely,
Mark Brintnell
Vice President, Performance, Accountability and Funding Allocation
Vice-president, Performance, responsabilite et allocation de financement
Ontario Health (West) I Sante Ontario Ouest
cc: Susan deRyk, Chief Regional Officer, Ontario Health Central & West Regions
Kiran Kumar, Director, Performance, Accountability and Funding Allocation, Ontario Health (West)
OHW24_004D_MSAA Schedule Amendment
Signature page follows
Page 160 of 347
�11i„,Grv% Ontario Health
December 4, 2023
AGREED TO AND ACCEPTED BY
Corporation of the County of Elgin
By:
Don Shropshire, Acting Chief Administrative Officer mm/dd/yyyy
I have authority to bind the health service provider.
Grr,, Ontario Health
OHW24_004D_MSAA Schedule Amendment
West
Page 161 of 347
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
Page 162 of 347
ALL FUND TYPES
Total Revenue (All Funds)
43
Row 15 + Row 39 + Row 42
$594,403
Total Expenses (All Funds)
44
Row 16 + Row 40 + Row 43
$594,403
NET SURPLUS/(DEFICIT) ALL FUND TYPES
45
Row 43 minus Row 44
$0
Page 163 of 347
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
Only those requirements listed below that relate to the programs and services that are funded by Ontario Health will
be applicable.
A list of reporting requirements and related submission dates is set out below. Unless otherwise indicated, the HSP is only
required to provide information that is related to the funding that is provided under this Agreement. Reports that require full
entity reporting are followed by an asterisk "*".
When a reporting due date falls on a weekend, the report will be due on the next business day.
OHRS/MIS Trial Balance Submission (through OHFS)*
2023-24
Due Date (Must pass 3c Edits)
2023-24 Q2
October 31, 2023
2023-24 Q3
January 31, 2024
2023-24 Q4
May 31, 2024
Supplementary Reporting - Quarterly Report (through SRI)*
2023-24
Due Date
2023-24 Q2
November 7, 2023
2023-24 Q3
February 7, 2024
2023-24 Q4
June 7, 2024
Annual Reconciliation Report (ARR) through SRI*
Fiscal Year
I Due Date
2023-24
jJune 30, 2024
Board Approved Audited Financial Statements *
Fiscal Year
Due Date
2023-24
jJune 30, 2024
Declaration of Compliance
Fiscal Year
Due Date
2023-24
jJune 30, 2024
Community Support Services — Other Reporting Requirements
Requirement
I Due Date
French Language Service Report
2023-24 jApril 29, 2024
Community Engagement and Integration Activities Reporting
Fiscal Year
I Due Date
2023-24
jJune 30, 2024
Page 164 of 347
Multi -Sector Service Accountability Agreements
Ontario Health -West Region
Health Service Provider: Corporation of the County of Elgin
Page 165 of 347
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Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
OHRS Description & Functional Centre
u111:::! so v nuues are �M � uo,:u 1I011' 11 W iniatiw,ll 11 ipu �,� � � dLllill o- �, n , d �d � nu:Wnun��, u u ;,n� X .
2023-2024
Target
2023-2024
Performance
Standard
Administration and Support Services 72 1
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721
1.00
n/a
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721
$52,442
n/a
CSS IH - Transportation - Client 72 5 82 14
Visits
7258214
7,500
7,125 - 7,875
Individuals Served by Functional Centre
7258214
239
191 - 287
I ot:all i Oail for I uuim tkxl aN 11>11be
7258214
$42,881
n/a
CSS IH - Day Services 72 5 82 20
U1111 thile eq uii+fleets � 1 II III 7258220 4.00 n/a
Individuals Served by Functional Centre 7258220 284 227 - 341
Attendance Days 7258220 6,000 5,700 - 6,300
I ot:all i Oail for II uu1m tkxI aN 11>11be 7258220 $499,080 n/a
ACTIVITY SUMMARY
Total Full -Time Equivalents for all F/C
5.00
n/a
Total Visits for all F/C
7,500
7,125 - 7,875
Total Not Uniquely Identified Service Recipient Interactions for all F/C
0
0-0
Total Hours of Care for all F/C
0
0-0
Total Inpatient/Resident Days for all F/C
0
0-0
Total Individuals Served by Functional Centre for all F/C
523
445 - 601
Total Attendance Days for all F/C
6,000
5,700 - 6,300
Total Group Sessions for all F/C
0
0-0
Total Meals Delivered for all F/C
0
0-0
Total Group Participants for all F/C
0
0-0
Total Service Provider Interactions for all F/C
0
0-0
Total Mental Health Sessions for all F/C
0
0-0
Total Cost for All F/C
$594,403
n/a
Total Service Provider Group Interactions for all F/C
0
0-0
Page 167 of 347
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
OHRS Description & Functional Centre
2023-2024
2023-2024
Performance
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Target
Standard
Page 168 of 347
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Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
This schedule sets out provincial goals identified by Ontario Health (OH) and the Local Obligations associated with each of the goals. The provincial goals apply to all
HSPs and HSPs must select the most appropriate obligation(s) under each goal for implementation. HSPs must provide a report on the progress of their
implementation(s) as per direction provided by OH regional teams.
Goal: Improve Access and Flow by Reducing Alternate Level of Care (ALC)
Local Obligations related to goal:
• Participate in and align with regional plans to support admission diversion, maximize capacity, and support patients transition to community.
Goal: Advance Indigenous Health Strategies and Outcomes
Local Obligations related to goal:
• Develop and/or advance First Nations, Inuit, Metis and Urban Indigenous (FNIMUI) FNIMUI Health Workplan:
a. Partner with your OH team to work through a process of establishing a First Nations, Inuit, Metis and Urban Indigenous Health Workplan, which aligns
with provincial guidance, and includes a plan for Indigenous cultural awareness (improving understanding of Indigenous history, perspectives, cultures,
and traditions) and cultural safety (improving understanding of anti -racist practice and identifying individual and systemic biases that contribute to
racism across the health care system). Ontario Health will provide guidance material to support this process.
b. Dr, if a First Nations, Inuit, Metis and Urban Indigenous Health Workplan (or similar) already exists, demonstrate advancement to implementation of the
plan.
Demonstrate progress (and document in reporting template) on outcomes, access and/or executive training:
a. mprovement in outcomes regarding First Nations, Inuit, Metis and Urban Indigenous health (note for 23/24 this will give HSPs the opportunity to
demonstrate any improvement based on the data currently available to them. In future years, standardized indicators will be developed.)
b. Progress in increasing culturally safe access to healthcare services, programs to foster Indigenous engagement, and relationship building to improve
Indigenous health (note for 23/24 this will give HSPs the opportunity to demonstrate any improvement based on initiatives they have targeted in their
First Nations, Inuit, Metis and Urban Indigenous Health Workplan. In future years, standardized indicators will be developed.)
c. Demonstrate that executive level staff have completed Indigenous Cultural Safety Training
Goal: Advance Equity, Inclusion, Diversity, and Anti -Racism Strategies to Improve Health Outcomes
Local Obligations related to goal:
• Develop and/or advance an organizational health equity plan
• develop an equity plan that aligns with OH equity, inclusion, diversity and anti -racism framework, and existing provincial priorities, where applicable (i.e.,
French language health services plan; Accessibility for Ontarians with Disabilities Act; the provincial Black Health Plan; High Priority Community
Strategy; etc.). Please note that HSPs will be provided with guidance materials to help develop their equity plan and complete a reporting template to
submit to the region.
• Or, if an equity plan already exists, demonstrate advancement to implementation of the plan, by completing the equity reporting template and submitting
to the region.
• Increase understanding and awareness of health equity through education/continuous learning
• continue capacity -building through knowledge transfer, education, and training about health equity within the Region, HSPs will demonstrate that a
minimum, executive level staff have completed relevant equity, inclusion, diversity, and anti -racism education (recommended education options to be
provided).
Page 170 of 347
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
Project Funding Agreement Template
Note: This project template is intended to be used to fund one-off projects or for the provision of services not ordinarily provided by
the HSP. Whether or not the HSP provides the services directly or subcontracts the provision of the services to another
provider, the HSP remains accountable for the fundina that is provided by Ontario Health.
THIS PROJECT FUNDING AGREEMENT ("PFA") is effective as of [in,, rt +int+ ] (the "Effective Date") between:
ONTARIO HEALTH
- and -
I.I...a' i] aI the Ii lk!:1! all:Ir ^iiiMcuaalne IC:,Irr; i,ala:ta'aral (the "HSP")
WHEREAS Ontario Health and the HSP entered into a Service Accountability Agreement dated [an a+ rt +1 atea (the "SAA") for the
provision of Services and now wish to set out the terms of pursuant to which Ontario Health will fund the HSP for [an a+ rt brie9 +1es+xiptir)n
c t pnr )jec:t] (the "Project");
NOW THEREFORE in consideration of their respective agreements set out below and subject to the terms of the SAA, the parties
covenant and agree as follows:
1.0 Definitions. Unless otherwise specified in this PFA, capitalized words and phrases shall have the meaning set out in the
SAA. When used in this PFA, the following words and phrases have the following meanings:
"Project Funding" means the funding for the Services;
"Services" mean the services described in Appendix A to this PFA; and
p p g [� P d ]. "Term" means the period o time from the Effective ate u to an including m an;,,rt, ar+"A � , i, �!!!YCBa. ,. n&,;
2.0 Relationship between the SAA and this PFA. This PFA is made subject to and hereby incorporates the terms of the SAA.
On execution this PFA will be appended to the SAA as a Schedule.
3.0 The Services. The HSP agrees to provide the Services on the terms and conditions of this PFA including all of its
Appendices and schedules.
4.0 Rates and Payment Process. Subject to the SAA, the Project Funding for the provision of the Services shall be as
specified in Appendix A to this PFA.
5.0 Representatives for PFA.
(a) The HSP's Representative for purposes of this PFA shall be [in ,, rt name, tee epNa)m na.ma b r 9n:,, n; ma ber ami ,,,..no0
wi+ir+ as ] The HSP agrees that the HSP's Representative has authority to legally bind the HSP.
(b) Ontario Health's Representative for purposes of this PFA shall be. [an ;, rt name, t, Bepha:An e n; ma b r 9 a,i( na.aa ber ami e
mail wir1r+ ;s,
6.0 Additional Terms and Conditions. The following additional terms and conditions are applicable to this PFA.
(a) Notwithstanding any other provision in the SAA or this PFA, in the event the SAA is terminated or expires prior to the
expiration or termination of this PFA, this PFA shall continue until it expires or is terminated in accordance with its terms.
(b) [in ai rt any wi+iatu:anaaal tee a ami +�+")m:iitk a that are aapp: k ak~r4X ^ bc) the Pnr )j ct]
IN WITNESS WHEREOF the parties hereto have executed this PFA as of the date first above written.
11]
By:
[insert name and title]
Ontario Health
By:
[insert name ami tt8ie;
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
Page 172 of 347
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
DECLARATION OF COMPLIANCE
Issued pursuant to the MSAA effective April 1, 2023
To: The Board of Directors of Ontario Health
Attn: Board Chair.
From: The I nsfI0 �a �Irl:,i'ipi who. "MAniru IpfICIaJnf it CI11rur0jo,lIV l II dIr kI, Irionj I.)I III aid I I/I sir kIp ir�ie:rirl" I (the "Board") of the
nsfI0 n ri no I I I SI'I (the "HSP")
Date
Re: April 1, 2023 — March 31, 2024 (the "Applicable Period")
Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the MSAA between Ontario Health and
the HSP effective April 1, 2023.
The Board has authorized me, by resolution dated insoi V ,I 0ol, to declare to you as follows
After making inquiries of the insfI0 ir ino sirIpinsilunr11VI,olsinrIfI pinsillo1111rriwwk' 11r„IpIuIIh III::In �.I�yhIrl�y i;,fI,I 1IuI CIIfI1"
wi nlivl _'iVhi I III 1I III wf� ifli n 17iwf:;h iiil and other appropriate officers of the HSP and subject to any exceptions identified on Appendix 1
to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the service
accountability agreement (the 'MSAX) in effect during the Applicable Period.
Without limiting the generality of the foregoing, the HSP has complied with
(i) Article 4.8 of the MSAA concerning applicable procurement practices, and,
(ii) The Connecting Care Act, 2019.
nsfI0 iwino III I h!yi:rtl, Mayor
Page 173 of 347
Multi -Sector Service Accountability Agreements
Ontario Health - West Region
Health Service Provider: Corporation of the County of Elgin
Appendix 1 -Exceptions
[Please identify each obligation under the MSAA that the HSP did not meet during the Applicable Period, together with an explanation as to
why the obligation was not met and an estimated date by which the HSP expects to be in compliance.]
Page 174 of 347
ElginCOUnty'
Report to County Council
From: Michele Harris, Director of Homes and Seniors Services
Date: January 9, 2024
Subject: Homes — Meals on Wheels Agreement — Elgin and WECHC
Recommendation(s):
THAT the report titled "Homes — Meals on Wheels Agreement — Elgin and WECHC"
dated January 9, 2024 from the Director of Homes and Seniors Services be received
and filed; and,
THAT Council authorize the Warden and Chief Administrative Officer to execute the
agreement between Elgin and West Elgin Community Health Centre (WECHC) for the
time period of January 5, 2024 to September 30, 2025.
Introduction:
The purpose of this report is to seek Council approval for execution of the Meals on
Wheels Supply Agreement between Elgin (County) ("Elgin") and West Elgin Community
Health Centre ("WECHC').
Background and Discussion:
Bobier Villa currently prepares meals for the WECHC Meals on Wheels program
through an agreement which ends January 4, 2024.
In consultation with the County Solicitor, the Director of Homes and Seniors Services
has reached consensus with representatives of WECHC for a new Meal Supply
Agreement for the time period of January 5, 2024 to September 30, 2025. Within the
Agreement, the following pricing changes are noted:
• Meal price increase from $7.15/meal to $7.75/meal and double portions from
$3.50/meal to $3.75/meal effective January 5, 2024 — January 4, 2025
• Meal price increase from $7.75/meal to $8.00/meal and double portions from
$3.75/meal to $4.00/meal effective January 5, 2025 — September 30, 2025
Page 175 of 347
A copy of the draft new Meal Supply Agreement is attached to this Report.
Financial Implications:
Based upon a review of current and forecasted labour, food and packaging costs, the
above price increase recommendations will support the costs associated with both
preparing and providing meals on wheels services to seniors in West Elgin
communities. Additionally, modest net revenues to Elgin are anticipated for the term of
the proposed agreement.
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
❑ Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
® Exploring different ways
® Fostering a healthy
now and in the future.
of addressing community
environment.
need.
❑ Delivering mandated
® Enhancing quality of
programs and services
® Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
Providing nutritional meal service to community residents continues to be a valuable
and needed service.
Communication Reauirements:
WECHC will communicate price increases as applicable to community residents
receiving meals on wheels services.
Conclusion:
Staff is pleased to recommend an Agreement to Council to provide services with a
minimal price increase to community residents; and, seeks approval and authorization
to execute the agreement to do so.
All of which is Respectfully Submitted Approved for Submission
Page 176 of 347
Michele Harris Blaine Parkin
Director of Homes and Seniors Services Chief Administrative Officer/Clerk
Page 177 of 347
MEALS ON WHEELS AGREEMENT
This Agreement is made as of the day of , 20
BETWEEN
WEST ELGIN COMMUNITY HEALTH CENTRE
(the "Purchaser")
-and-
CORPORATION OF THE COUNTY OF ELGIN carrying on business as BOBIER VILLA
(the "Supplier")
RECITALS:
WHEREAS the Purchaser is engaged in the provision of home and community -based health care
services, including a charitable program that delivers meals to homebound individuals ("Meals on
Wheels Program"), within the territorial limits of Elgin County and the Province of Ontario.
AND WHEREAS Elgin is the owner and operator of certain Long -Term Care Homes, including but not
limited to BOBIER VILLA (hereinafter the "Premises"), which Premises include kitchen facilities
capable of preparation and supply of meals for the aforementioned Meals on Wheels Program
AND WHEREAS the Purchaser wishes to engage the Supplier to prepare the meals for the Meals on
Wheels Program ("Meals", and includes any references herein to "Services"), upon the terms and
conditions set out in this Agreement.
NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) now paid by the
Purchaser to the County as well as the mutual covenants contained herein, the nature and extent of
which consideration is acknowledged as sufficient and received, the Parties hereto agree as follows:
SECTION 1: DEFINITIONS
1.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following
meanings:
(1) Agreement means this agreement, including any recitals and schedules to this agreement, as
amended, supplemented or restated from time totime.
(2) Business Day means a day on which banks are open for business in the Province of Ontario but
does not include a Saturday, Sunday and any other day that is a legal holiday in the Province of
Ontario.
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Page 178 of 347
(3) Client means any person who receives a Meal.
(4) Client Information means any and all material, data or any other information whatsoever, whether
in verbal, written or any other form, relating to Clients, including information concerning dietary
requirements or restrictions and any and all other personal health information and health data that
the Purchaser delivered and shall deliver to the Supplier for any purpose contemplated by this
Agreement.
(5) Confidential Information means, without limitation, all documentation and information supplied by
one parry to the other, and includes customer and supplier lists and information, marketing
techniques, price lists, business opportunities, secrets, trade secrets, processes, ideas, materials,
documents, business plans, business forecasts, strategies, professional or expert opinions, bids,
estimates, proposals, proprietary information, financial information or any other information
whatsoever, whether in verbal, written or any other form, relating to any and all aspects of the
business and activities of the parties hereto, whether or not designated as confidential.
(6) HPPA means the Health Protection and Promotion Act, R.S.O. 1990, c. H.7 and the regulations
thereunder, as amended from time to time.
(7) FLTCA means the Fixing Long -Term Care Act, 2021, S.O. 2021, c. 39, Sched. 1, and the
regulations thereunder, as amended from time to time.
(8) Material Breach means a performance failure that strikes so deeply at the essence of the Agreement
that it renders the Agreement irrevocably broken and unable to be effectively performed.
(9) PHIPA means Personal Health Information Protection Act, 2004, S.O.2004, c. 3, Sched, A and the
regulations thereunder, as amended from time to time.
(10) MFIPPA means Municipal Freedom of Information and Protection of Privacy Act, R. S.O. 1990, c.
M.56 and the regulations thereunder, as amended from time to time.
(11) Specifications mean the Purchaser's specifications and requirements for nutritional content and portion
size for Meals as outlined in this Agreement.
(12) Statutory Holidays means the statutory holidays listed in Schedule "A" to this Agreement.
SECTION 2: TERM AND TERMINATION
2.1 The term of this Agreement shall commence January 5, 2024 and shall terminate September 30, 2025
(the "Term"), unless sooner terminated in accordance with the provisions of this Agreement.
2.2 This Agreement may be extended upon such terms and conditions as may be reached by mutual
agreement of the parties in writing not less than sixty (60) days before the expiration of the Term or any
extension thereof. If the parties fail to reach agreement sixty (60) days prior to the expiration of the Term or
any extension thereof, this Agreement shall terminate.
2.3 The Purchaser may terminate this Agreement at anytime on sixty (60) days' prior written notice to the
Supplier.
2.4 The Supplier may terminate this Agreement at any time on sixty (60) days' prior written notice to the
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Page 179 of 347
Purchaser.
2.5 The Purchaser may terminate this Agreement in the event of a material breach of the Agreement by the
Supplier, such termination to be effective on the tenth (1 Oth) day after the date of a notice from the
Purchaser to the Supplier, unless the breach is cured before that day.
2.6 The Purchaser may terminate this Agreement immediately upon notice in writing to the Supplier if
(1) the Supplier ceases to function as a going concern, a receiver is appointed for its assets, or any
proceedings under any bankruptcy or insolvency law are brought by or against the Supplier;
(2) an order is made under the HPPA or other legislation or regulation from time to time applicable
requiring the Supplier to close its premises or a part thereof, or
(3) the Supplier is convicted of an offence under the HPPA or other legislation or regulation from time
to time applicable.
(4) the Supplier fails to meet the specific dietary needs or restrictions of Clients in accordance with the
terms of this Agreement.
2.7 The expiration or sooner termination of this Agreement shall not relieve or release either party from
making payments that might be owing under this Agreement or otherwise. The Purchaser shall not be liable
to the Supplier for any loss or damage of any kind whatsoever, arising directly or indirectly from the
termination of this Agreement.
SECTION 3 - COMPENSATION
3.1 For the period January 5, 2024, to January 4, 2025, the Purchaser shall pay the Supplier a fee in the
amount of $7.75 per Meal and an additional $3.75 per Double Portion, plus applicable taxes accruing
thereto. For the period January 5, 2025, to September 30, 2025, the Purchaser shall pay the Supplier a
fee in the amount of $8.00 per Meal and an additional $4.00 per Double Portion, plus applicable taxes
accruing thereto.
3.2 Without limiting the generality of the foregoing, the parties hereto acknowledge that, as of the date of
execution of this Agreement and by exemption or exemptions applicable to both parties hereto, the
fees chargeable by the Supplier for preparation of Meals as contemplated by this Agreement do not
attract either Goods and Services Tax ("GST") or Harmonized Sales Tax ("HST"), a component of
which latter tax is Provincial Sales Tax ('PST"). The parties therefore agree that, in the event that any
such exemption is cancelled or otherwise lost by either or both parties hereto, whether in whole or in
part, taxes may thereafter accrue to such fees as contemplated and chargeable hereunder. Any and all
such taxes will be charged to and become payable by the Purchaser.
3.3 The Supplier shall invoice the Purchaser on a monthly basis for all Meals, and payment shall be due
within thirty (30) days of the receipt of the invoice.
3.4 The Supplier shall keep accurate and systematic accounts in respect of the Meals and Services provided
under this Agreement in accordance with generally accepted accounting principles.
3.5 The Purchaser shall have the right at any time and from time to time to inspect, audit and make copies of
all corporate, financial and other books and records of the Supplier relating to this Agreement.
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Page 180 of 347
SECTION 4 - MENUS AND FOOD CHOICES
4.1 The Supplier will provide Regular, Low Sodium, Restricted Fat, Diabetic Friendly, Gluten Free and
Vegetarian Meals. The Supplier will also provide special Meals to meet the specific dietary needs or
restrictions of Clients including, without limitation, pureed, chopped, minced, as well as substitute Meals
for Clients with food sensitivities or allergies to meet nutritional requirements. Gluten free meals will be
purchased frozen meals that are heated for delivery.
4.2 The Purchaser will provide the Supplier with a list of all special Meals required and shall update as
necessary to reflect changes in Clients or Client needs.
4.3 The Purchaser will send labels monthly to the Supplier, which labels shall state: the date of the meal to
be served; the client's name; which route the client is on; a phone number for contact; and the client's
allergies and dislikes.
4.4 The Supplier will submit menus with an alternate menu for those Clients who have dietary restrictions as
requested by the Purchaser. The Supplier will include recipes and ingredient breakdowns to the Purchaser
as requested and will rotate menus on a 21day cycle during the Term. Menus will be reviewed by a
registered dietitian.
4.5 In addition to the preparation of fresh meals as described above, the Supplier shall also prepare and
maintain the supply of frozen Meals in accordance with and for the purposes of all applicable statutes and
regulations, which frozen Meals shall be available as a sample for Public Health requirements.
4.6 The Supplier will prepare fresh Meals on Mondays, Wednesdays, and Fridays throughout the Term, with
the option of adding Tuesdays and Thursdays at the Purchaser's client request. The Supplier shall not be
required to provide Meals on Statutory Holidays.
4.7 The Supplier will provide the following portions:
4 oz cut of meat (8 oz raw = 4 oz cooked);
4-6 oz of starch;
4-6 oz vegetable (2 portions) or one portion each 4-6 oz vegetable and 4-6 oz salad (salad generally
provided from May to October); and
4-6 oz dessert.
4.8 The Meals will be ready for pick up by the Purchaser's agents by 11.30 a.m. for the West Lome and Rodney
routes and 11 :45 a.m. for the Dutton route and for Caledonia Gardens. Such agents will return delivery
equipment to the Supplier after meals have been delivered. Specialty diet meals are to be clearly identified for the
volunteers.
4.9 The Supplier shall ensure that the Purchaser's volunteers have a safe and clean area in its premises in
which to meet for assembly of Meals.
4.10 Meals shall be ordered and updated before 3:00 p.m. on the preceding day. The Purchaser shall have the
right to cancel the preparation of Meals on any day by notifying Supplier by no later than 9:30 a.m. on
such day. ex: inclement weather, and there will be no charge for that day's Meals.
4.11 In addition to the Meals, the Supplier will also provide the condiments and all food containers required
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Page 181 of 347
for Meals packaging. The Purchaser will supply insulated bags, coolers and hot packs to be used for
Meal delivery. The Supplier will store, clean, disinfect and sanitize all equipment according to applicable
legislation.
4.12 The Purchaser shall meet with the Supplier twice yearly to formally review program operations and quality
review/control to ensure communications exist for continuous programming improvements.
SECTION 5 - WARRANTIES AND REPRESENTATIONS
5.1 The Supplier hereby warrants and represents that:
(1) it has been duly incorporated and organized, is a valid and subsisting corporation under the laws of
the Province of Ontario and has full corporate power and authority to execute and deliver this
Agreement;
(2) this Agreement has been duly and validly executed and delivered by the Supplier, no other
corporate proceedings on the part of the Supplier are necessary to authorize this Agreement and it
constitutes a valid and binding obligation of the Supplier enforceable against the Supplier in
accordance with its terms;
(3) in preparing and providing the Meals it will utilize only processes, food articles, ingredients,
packaging and labelling that are, to the best of Supplier's knowledge acting diligently, in full
compliance with all legislated and regulated standards from time to time applicable;
(4) all Meals shall be prepared, stored and readied for delivery in accordance with best practices for
food preparation and safety and, as a minimum, in accordance with the requirements of any
statute, law, regulation, enactment or ordinance from time to time applicable concerning, without
limitation:
(a) food temperature control;
(b) protection of food from contamination;
(c) employee hygiene and hand washing;
(d) maintenance and sanitation of surfaces and equipment that come into contact with
food;
(e) maintenance and sanitation of surfaces and equipment that do not come into contact
with food;
(f) maintenance and sanitation of washrooms;
(g) storage and removal of waste; and
(h) pest control;
(5) all Meals shall be prepared in accordance with the Specifications;
(6) it shall keep such records in respect of the preparation, storage, handling and readying for delivery
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Page 182 of 347
of the Meals as are prescribed by the HPPA or other statute, law or regulation from time to time
applicable and shall keep the records in such form, with such detail and for such length of time as
is prescribed by such statute,law or regulation;
(7) it holds and will continue to hold throughout the term of this Agreement all licenses, approvals and
permits required to perform its obligations hereunder;
(8) it shall, as reasonably requested by the Purchaser, from time to time, supply information to the
Purchaser with respect to the Meals and its compliance with this Agreement and the Purchaser,
through its authorized representative shall have the right, upon reasonable prior notice to the
Supplier, to perform quality control inspections from time to time during Supplier's regular
business hours to determine if the Supplier is complying with the Specifications and with the
standards and procedures set forth in this Agreement and agrees that such inspections shall not
unreasonably interfere with the operations of the Supplier; and
(9) it shall at all times be registered with and report to the proper authorities and, subject to the other
terms of this agreement (and, in particular, those at s. 3), it shall remit all taxes, employment
insurance contributions, Canada Pension Plan contributions, employer health tax, Goods and
Services Tax, workers' compensation premiums or any other payments for which the Supplier
may be liable at law in respect of the fees payable under this Agreement.
5.2 The representations and warranties of the Supplier contained in this Agreement shall survive the expiration
or sooner termination of this Agreement.
5.3 The Supplier covenants and agrees to take all steps necessary to cause each of its representations and
warranties to remain true and correct throughout the Term.
5.4 The Purchaser hereby warrants and represents that:
(1) it has been duly incorporated and/or organized, is a valid and subsisting corporation or entity
under the laws of the Province of Ontario and has full power and authority to deliver this
Agreement;
(2) this Agreement has been duly and validly executed and delivered by the Purchaser, no other
proceedings on the part of the Purchaser are necessary to authorize this Agreement and it
constitutes a valid and binding obligation of the Purchaser enforceable against the Purchaser in
accordance with its terms;
(3) in seeking preparation and provision of Meals as contemplated by this Agreement, the Purchaser,
including its servants, agents, and/or employees, is and shall at all times act in compliance with
its authorized purposes in accordance with the duties and obligations of any applicable federal,
provincial, or municipal statue, regulation, and/or by-law;
(4) the Purchaser, including its servants, agents, and/or employees, hold and will continue to hold
throughout the Term of this Agreement all licenses, permissions, approvals, and permits required
to order, deliver, and provide the Meals contemplated by this Agreement to its Clients; and
(5) it shall, as reasonably requested by the Supplier and from time to time, provide information
and/or documentation to the Supplier to allow the Supplier to perform its obligations as
contemplated by this Agreement.
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5.5 The representations and warranties of the Purchaser contained in this Agreement shall survive the
expiration or sooner termination of this Agreement
5.6 The Purchaser covenants and agrees to take all steps necessary to cause each of its representations and
warranties to remain true and correct throughout the Term.
SECTION 6 - INSURANCE
6.1 The Supplier covenants that it has and shall maintain in full force and effect during the Term and any
renewals thereof, at its own cost and expense, comprehensive general liability insurance including product
liability coverage, which shall include, without limitation coverage for a limit of not less than Five Million
Dollars ($5,000,000.00) per occurrence including personal injury, death or property damage and a cross
liability clause, including naming the Purchaser as an additional insured.
6.2 The Purchaser covenants that it has and shall maintain in full force and effect during the Term and any
renewals thereof, at its own cost and expense, comprehensive general liability insurance, professional
liability insurance and property insurance, each of which shall include, without limitation coverage for a
limit of not less than Five Million Dollars ($5,000,000.00) per occurrence including personal injury, death
or property damage and pursuant to which insurance programs and coverages thereunder the
"Corporation of the County of Elgin" shall be named as an additional insured.
6.3 Each party shall deliver certificates of insurance to the other party within ten (10) days of the request of
the other party at any time during the Term.
SECTION 7 - INDEMNITY
7.1 Each party for itself and for its successors andassigns:
(1) agrees to hold harmless and indemnify the other parties, and their officers, directors, employees
and agents, from and against all claims, demands, actions, liabilities, costs and expenses arising as
a result of any action or omission of the indemnifying party under this Agreement, other than such
costs, charges or expenses as are occasioned by the neglect or wilful acts or omissions of the party
seeking the indemnity or those for whom it is in law responsible, and
(2) agrees that the party seeking the indemnity shall give the indemnifying party prompt written notice
of any claim to which it claims the indemnity in this Section applies and shall provide all such
assistance as the indemnifying party may reasonably request with respect to the conduct of
proceedings or settlement discussions.
(3) Agrees that the indemnities set forth in this Agreement shall survive the expiry and/or other
termination of this Agreement.
SECTION 8 - CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY
8.1 The Supplier covenants and agrees that, except as required by law or a court order:
(1) It will not disclose or use any Confidential Information, or permit others to do so, at any time
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during or after the currency of this Agreement;
(2) It will take all reasonable precautions in dealing with Confidential Information so as to prevent its
unauthorized use or disclosure;
(3) It will not reproduce, copy or duplicate any Confidential Information without the prior written
consent of the Purchaser except as required to provide the Services; and
(4) Upon termination for any reason of this Agreement, or at any time prior to the termination upon the
request of the Purchaser, it will return forthwith to the Purchaser every copy of any Confidential
Information (including all notes, records and documents pertaining thereto) in its possession or
under its control at that time, provided that, (i) the Supplier may refuse to return Confidential
Information that it is required to maintain in compliance with PHIPA, MFIPPA, and other applicable
Provincial or Federal legislation or regulation, and (ii) upon request by the Supplier and for purposes
of response to any regulatory demand and/or in relation to defence of any legal proceeding
commenced as against the Supplier, the Purchaser shall prepare and deliver a copy of any one or more
of such returned Confidential Information to the Supplier.
8.2 The Purchaser covenants and agrees that:
(1) It will not disclose or use any Confidential Information, or permit others to do so, at any time
during or after the currency of this agreement;
(2) It will take all reasonable precautions in dealing with Confidential Information so as to prevent its
unauthorized use or disclosure;
(3) It will not reproduce, copy or duplicate any Confidential Information without the prior written
consent of the Supplier except as required to satisfy its obligations hereunder; and
(4) Upon termination, for any reason, of this Agreement, or any time prior to the termination upon
the request of the Supplier, it will return forthwith to the Supplier every copy of any Confidential
Information in its possession or under its control at that time; provided that, upon request by the
Purchaser and for purposes of response to any regulatory demand and/or in relation to defence of
any legal proceeding commenced as against the Purchaser, the Supplier shall, to the extent
permitted by applicable law, prepare and deliver a copy of any one or more of such returned
Confidential Information to the Purchaser.
8.3 The Supplier shall not include any the Purchaser trademarks or logos or any words or designations
confusingly similar thereto in any name or trademark used by the Supplier. Nothing in this Agreement or
the relationship of the parties under this Agreement shall confer upon the Supplier any interest in the
Purchaser's trademarks or logos.
8.4 The Purchaser shall not include any trademarks or logos, or any words or designations confusingly similar
thereto, as held by the Supplier within any name or trademark used by the Purchaser. Nothing in this
Agreement or the relationship of the parties under this Agreement shall confer upon the Purchaser any
interest in the Supplier's trademarks or logos.
8.5 The provisions of this section shall continue in force, notwithstanding the termination of this Agreement.
SECTION 9 - CLIENT INFORMATION AND CLIENT RECORDS
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9.1 The Supplier covenants and agrees that, except to the extent necessary to perform its obligations under
this Agreement and with the consent of the Client, or where required by law:
(1) It will not use or disclose to any third party any Client Information;
(2) It will not disclose or use any Client Information, or permit others to do so, at any time during or
after the currency of this Agreement;
(3) It will take all reasonable precautions in dealing with Client Information so as to prevent its
unauthorized use or disclosure; and
(4) It will not reproduce, copy, destroy, dispose of or duplicate any Client Information or Client
Records without the prior written consent of the Purchaser, except as required to provide the
Services.
9.2 The Supplier shall establish and maintain a system for the storage and handling of Client Information that
ensures that the security and confidentiality of Client information are maintained in accordance with all
applicable laws and regulations.
9.3 Upon termination, for any reason, of this Agreement, or at any time prior to the termination upon the
request of the Purchaser, the Supplier will deliver forthwith to the Purchaser all Client Information
(including all notes, records and documents pertaining thereto) in its possession or under its control at that
time, provided that, at all times, the Supplier shall be permitted to retain a copy of any such Client
Information as is required to satisfy and comply with its statutory and regulatory obligations, including but
not limited to those provided for in the FLTCA. HPPA, MFIPPA, and PHIPA.
9.4 In the event of any dispute, claim or litigation commenced on the part of or on behalf of any Client,
the Purchaser will provide the Supplier with such access to the Client Information as it requires in
order to prepare a legal defence.
9.5 The provisions of this section shall continue in force, notwithstanding the termination of this
Agreement.
SECTION 10 -GENERAL MATTERS
10.1 The parties are independent corporations. Nothing contained in this Agreement shall be deemed to
constitute the Purchaser or Supplier as agents, joint venturers or partners of one another for any purpose.
For greater certainty, nothing in this Agreement shall be construed as creating an employer -employee
relationship between either party and any of the employees or personnel of the other party. For greater
certainty, nothing in this Agreement shall be construed as creating an employer -employee relationship
between the Purchaser and any of the Supplier's agents, employees, or personnel.
10.2 The division of this Agreement into sections and the insertion of headings are for convenience of
reference only and are not to affect the construction or interpretation of thisAgreement.
10.3 This Agreement shall be governed by and construed in accordance with the laws of the Province of
Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of the
Province of Ontario for all matters arising herein.
Page 9 of 12
Page 186 of 347
10.4 Neither party hereto shall assign this Agreement or transfer this Agreement as a result in change of
ownership without the prior written consent of the other. This Agreement shall enure to the benefit of and
be binding upon the parties and their respective successors, owners and assigns.
10.5 Any provision of this Agreement that is invalid or unenforceable shall not affect any other provision and
shall be deemed to be severable.
10.6 No amendment, supplement or restatement of any term of this Agreement is binding unless it is in writing
and signed by each party.
10.7 This Agreement may be executed and delivered in any number of counterparts, each of which when
executed and delivered is an original but all of which taken together constitute one and the same
instrument. To evidence the fact that it has executed this Agreement, a party may send a copy of its
executed counterpart to the other party by facsimile transmission and the signature transmitted by
facsimile shall be deemed to be the original signature for all purposes.
10.8 Time shall be of the essence of this Agreement.
10.9 This Agreement constitutes the entire agreement between the parties with respect to the subject matter of
this Agreement and supersedes all prior negotiations and understandings.
10.10 Unless otherwise specified, words importing the singular number shall include the plural and vice versa,
words importing gender shall include the masculine, feminine and neutral genders, and references to
persons shall include individuals, trusts, fines and corporations. The term "including" means "including
without limitation".
10.11 Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder shall
be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the fifth business
day after mailing; or (III) the first business day after sending by email (provided email shall not be
sufficient for notice of an indemnifiable claim, notice of material breach, or termination of the Services):
To the Purchaser
West Elgin Community Health Centre
153 Main Street, West Lorne, ON NOL 2P0
Michelle Johnston
mjohnstonLc�,wechc.on.ca519-768-8783 Ext. 2319
To Supplier:
Corporation of the County of Elgin
450 Sunset Dr., St. Thomas, ON N5R 5V 1
Michele Harris at mharris(a elgin.ca
519-631-1460 Ext. 191
[the remainder of this page is intentionally blank - signature page to follow]
Page 10 of 12
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IN WITNESS WHEREOF this Agreement has been executed by the parties as of the date first written above.
WEST ELGIN COMMUNITY HEALTH CENTRE
Per:
I have authority to bind the Corporation
CORPORATION OF THE COUNTY OF ELGIN
Per:
Interim CAO, Don Shropshire
Per:
County Warden, Ed Ketchabaw
We have authority to bind the Corporation
I
ON Legally Approved Template —April 2021
Page 188 of 347
• New Year's Day
• Family Day
• Good Friday
• Easter Monday
• Victoria Day
• Canada Day
• Civic Holiday
• Labour Day
• Thanksgiving Day
• Remembrance Day
• Christmas Day
• Boxing Day
SCHEDULE "A": STATUTORY HOLIDAYS
10
Page 189 of 347
ON Legally Approved Template —April 2021
ElginCOUnty'
Report to County Council
From: Jennifer Ford, Director of Financial Services / Treasurer
Date: January 9, 2024
Subject: Budget Software Solution — Contract Award
Recommendation(s):
THAT the contract for a Budget Software Solution be awarded to Questica Inc. for a
five-year term; and,
THAT staff be authorized to extend the contract for an additional two, two-year terms for
a potential nine (9) year contract in accordance with section 7.6 of the Procurement
Policy, subject to satisfactory performance and mutual agreement between both parties
during the initial five-year contract term; and,
THAT the Warden and Chief Administrative Officer be authorized to sign the contract.
Introduction:
This report provides details on the Request for Proposal (RFP) for a Budget Software
Solution and seeks Council's approval to award the contract.
The budget software solution will provide staff with a single, unified tool that manages
data, calculations, workflow, and has the reporting capabilities needed in the budget
process. This includes operating budgets, capital budgets, position (staffing) budgets,
and reserve fund budgets. The new software solution also includes the ability to
prepare alternative scenarios, forecast multiple years and produce external facing
reports.
Background and Discussion:
An RFP for a Budget Software Solution was issued on November 8, 2023. The RFP
document is attached to this report as Attachment 1.
The RFP closed on December 1, 2023 and three (3) proposals were received.
Information that was advertised and posted on the County's Bid Portal page
u n ,, including dates, proposals submitted and a
complete plan takers list is attached to this report as Attachment 2.
Page 190 of 347
The Evaluation Committee (refer to Attachment 3) evaluated the proposals based on the
following criteria:
i) Proponent experience, profile and portfolio;
ii) Key personnel assigned to the Elgin implementation;
iii) Functionality of proposed solution;
iv) Implementation and schedule;
v) Support and Service Level Agreement;
vi) References indicating pervious experience in providing software and services for
similar projects and on which the County can make an equally valid assessment
of qualifications.
Once the evaluations were completed, a preferred proponent was identified. Due to the
detailed proposal responses, it was determined that the demonstration phase was not
necessary.
The evaluation committee is recommending that Questica Inc. be selected and awarded
the contract. The proposal submitted by Questica Inc. was the highest scoring qualified
proposal and thus represented the best complete quality submission. All Proponents that
submitted a proposal to the County will be advised of the contract award and will be
offered a debriefing of their individual proposal submission.
Financial Implications:
The total cost to implement a new Budget Software Solution by Questica is as follows:
Implementation Cost (one-time):
$60,625
Year 1 Software Subscription:
$54,429
Year 2 Software Subscription:
$57,150
Year 3 Software Subscription:
$60,008
Year 4 Software Subscription:
$63,008
Year 5 Software Subscription:
$66,160
The total five (5) year contract value is $361,380 plus HST.
Funding for the budgeting software is included in the 10 Year Plan's operating and
capital budgets.
Alignment with Strategic Priorities:
Page 191 of 347
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
❑ Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
® Enhancing quality of
programs and services
❑ Engaging with our
place.
efficiently and effectively.
community and other
stakeholders
Local Municipal Partner Impact:
None
Communication Requirements:
None
Conclusion:
As detailed above, the evaluation committee completed an evaluation and selection
process in accordance with RFP No. 2023-P40 and subsequently the proposal
submission from Questica Inc. was deemed the highest scoring qualified proposal and
is recommended for award.
Implementation is planned to commence in late January with the objective for the
County to Go Live with the new software in June 2024.
All of which is Respectfully Submitted
Jennifer Ford
Director of Financial Services / Treasurer
Mike Hoogstra
Manager of Procurement & Risk
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 192 of 347
Pr,(,,)gres,sfve by Nature
BUDGET SOFTWARE SOLUTION
REQUEST FOR PROPOSAL
No. 2023-P40
Proposals shall be received by the Bidding System no later than:
December 1, 2023 @ 3:00 p.m. (local time)
Issue Date: November 8, 2023
Page 193 of 347
REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
INDEX
DEFINITIONS AND INTERPRETATIONS.................................................................................................... 3
SECTION 1.0 - INFORMATION TO PROPONENTS................................................................................... 4
1.1 Introduction and Background........................................................................................ 4
1.2 Proposal Format and Delivery.......................................................................................4
1.3 Designated Official......................................................................................................... 5
1.4 Questions / Inquiries...................................................................................................... 5
1.5 Addenda..........................................................................................................................6
1.6 RFP Schedule.................................................................................................................. 6
1.7 Proponent Communications.......................................................................................... 7
1.8 Proponent Investigations............................................................................................... 7
1.9 Notice of No Response................................................................................................... 7
SECTION 2.0 -TERMS OF REFERENCE..................................................................................................... 8
2.1 Scope of Work................................................................................................................ 8
2.2 Term of Contract............................................................................................................ 8
2.3 Background / Current Process....................................................................................... 8
2.4 Software Minimum Requirements and Key Features .................................................. 8
2.5 Software Key Functionalities....................................................................................... 11
2.6 Training & Support Requirements............................................................................... 11
2.7 Preliminary Project Schedule....................................................................................... 11
SECTION 3.0 - PROPOSAL REQUIREMENTS.......................................................................................... 12
3.1 Proposal Submissions................................................................................................... 12
3.2 Proposal Submission Requirements -Technical Proposal (Part 1)........................... 12
3.3 Proposal Submission Requirements- Financial Proposal (Part 2) ............................ 13
3.4 Evaluation Process........................................................................................................ 14
3.5 Evaluation Criteria........................................................................................................ 15
3.6 Ratings...........................................................................................................................16
3.7 Demonstrations............................................................................................................17
SECTION 4.0 - GENERAL CONDITIONS.................................................................................................. 18
4.1 Rights of the County..................................................................................................... 18
4.2 Conflict of Interest........................................................................................................ 18
4.3 Modified Proposals...................................................................................................... 19
4.4 Disqualification of Proponents.................................................................................... 19
4.5 Confidentiality.............................................................................................................. 19
4.6 Proposal Assignments.................................................................................................. 19
4.7 Purchasing Policy.......................................................................................................... 20
4.8 Failure to Perform........................................................................................................ 20
4.9 Award and Agreement................................................................................................. 20
4.10 Insurance Requirements.............................................................................................. 20
1
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MtacllU i,rilu:l^Ini Y
REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
4.11
Indemnification............................................................................................................
21
4.12
WSIB Requirements.....................................................................................................
21
4.13
Compliance with the Accessibility for Ontario with Disabilities Act 2005 ................
21
4.14
Disqualification.............................................................................................................21
4.15
Record and Reputation................................................................................................
22
4.16
Proponent's Costs........................................................................................................
23
4.17
Legal Matters and Rights of the County......................................................................
23
4.18
Human Rights, Harassment and Occupational Health and Safety ............................
24
4.19
COVID-19 Pandemic.....................................................................................................
24
4.20
Clarification...................................................................................................................24
4.21
Supplementary Information........................................................................................
24
4.22
Default / Non-Performance.........................................................................................
25
Appendix A— Key Functionalities..................................................................................Attached
K
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
DEFINITIONS AND INTERPRETATIONS
The following definitions apply to the interpretation of the Request for Proposal Documents;
1. "Addenda or Addendum" means such further additions, deletions, modifications or other changes
to any Request for Proposal Documents.
2. "Authorized Person" means;
i. For a Proponent who is an individual or sole proprietor that person.
ii. For a Proponent which is a partnership, any authorized partner of the Proponent.
iii. For a Proponent which is a corporation:
a) any officer of director of the corporation; and
b) any person whose name and signature has been entered on the document
submitted with the Request for Proposal, as having been authorized to participate
in the completion, correction, revision, execution, or withdrawal of the submission,
whether that person is or is not an officer or director.
iv. For a Proponent that is a joint venture, the submission shall be signed by a person for and
on behalf of each joint venture or, if they warrant that they have the authority vested in
them to do so, one person so authorized may sign on behalf of all joint venture's.
3. "Bidding System" means the County's bid portal website operated by bids&tenders'" and posted
as https://elgincounty.bidsandtenders.ca/Module/Tenders/en
4. "County" refers to the Corporation of the County of Elgin.
5. "Designated Official" refers to the Manager of Procurement & Risk for the County of Elgin.
6. "Proposal" means the Response in the form prescribed by this Request for Proposal Document and
completed and submitted by a Proponent in response to and in compliance with the Request for
Proposal.
7. "Proponent" means the legal entity submitting a proposal.
8. "Request for Proposal (RFP)" means the document issued by the County in response to which
Proponents are invited to submit a proposal that will result in the satisfaction of the County's
objectives in a cost-effective manner.
9. "Successful Proponent" means the Proponent whose proposal has been approved by the County.
3
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
SECTION 1.0 - INFORMATION TO PROPONENTS
1.1 Introduction and Background
The County of Elgin is situated in the heart of southwestern Ontario along the north shore of Lake Erie
and due south of Highway 401 in what can be best described as a rich agricultural zone complemented
by industry. The County is an upper -tier municipality comprised of seven local municipalities (excluding
the City of St. Thomas) covering an area of 460,000 acres, with a population of approximately 52,000
people. For more information on the County and the services we provide, visit www®elincounty®ca
The County of Elgin is inviting prospective proponents to submit a proposal for a Budget Software
Solution, that will meet the requirements of the County as outlined in this RFP.
The successful Proponent will possess the requisite technical skills and will be required to work directly
with County staff in a professional manner. The firm, in addition to technical qualifications, must exhibit
skills such as timeliness, diplomacy, tact, strong communication ability and an understanding of the
County.
Further information regarding the scope of work is included in Section 2.0.
1.2 Proposal Format and Delivery
PLPTTROINflC III')II POSAL ;"! i.IVBIV'illl;"! 5101NIS 01YU11, shall be received by the Bidding System. Hardcopy
submissions not permitted.
All Proponents shall have a Bidding System Vendor account with bids&tenders'" and be registered as a
Plan Taker forthis RFP opportunity, which will enable the Proponent to download the Request for Proposal
document, download Addendums, receive email notifications pertaining to this RFP and to submit their
proposal electronically through the Bidding System.
Proponents are cautioned that the timing of their Proposal Submission is based on when the proposal is
RECEIVED by the Bidding System, not when a proposal is submitted, as proposal transmission can be
delayed due to file transfer size, transmission speed, etc.
For the above reasons, it is recommended that sufficient time to complete your proposal submission and
attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shall be
determined by the Bidding System's web clock.
Proponents should contact bids&tenders'" support listed below, at least twenty-four (24) hours prior to
the closing time and date, if they encounter any problems. The Bidding System will send a confirmation
email to the Proponent advising that their proposal was submitted successfully. If you do not receive a
confirmation email, contact bids&tenders'" support at support i san ten ers.ca.
Late Proposals are not permitted by the Bidding System.
To ensure receipt of the latest information and updates via email regarding this RFP, or if a Proponent has
obtained this RFP document from a third party, the onus is on the Proponent to create a Bidding System
Vendor account and register as a Plan Taker for the RFP opportunity.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
Proponents may edit or withdraw their proposal submission prior to the closing time and date. However,
the Proponent is solely responsible to ensure the re -submitted proposal is received by the Bidding System
no later than the stated closing time and date.
The onus unequivocally remains with the Proponent to ensure that the proposal is submitted electronically
prior to the deadline and in accordance with the submission instructions.
The County, its elected officials, employees and agents shall not be responsible for any liabilities, costs,
expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by
reason of the acceptance, or non -acceptance by the County of any proposal, or by reason of any delay in
the acceptance of any proposal.
The County shall not be liable for any cost of preparation or presentation of proposals, and all proposals
and accompanying documents submitted by the Proponent become the property of the County and will
not be returned. There will be no payment to Proponents for work related to, and materials supplied in
the preparation, presentation and evaluation of any proposal, nor for the Contract negotiations whether
they are successful or unsuccessful.
1.3 Designated Official
For the purpose of this contract Mike Hoogstra, Manager of Procurement & Risk for the County is the
"Designated Official" and shall perform the following functions: releasing, recording, and receiving
proposals, recording and checking of submissions; answering queries from perspective proponents,
considering extensions of time, reviewing proposals received, ruling on those not completing meeting
requirements and coordinating the evaluation of the responses.
1.4 Questions / Inquiries
All inquiries regarding this RFP shall be directed through the Bidding System online by clicking on the
"Submit a Question" button for this bid opportunity. Questions submitted through the bidding system
are directed to the Designated Official.
The deadline for submitting questions is noted in Section 1.6.
If during the period prior to submission of proposals, the County determines, in its sole and unfettered
discretion, that part of the RFP requires formal amendment or clarification, written addenda to this RFP
will be distributed to all registered Proponents.
No clarification requests will be accepted by telephone, fax or in -person meeting. Responses to
clarification requests will be provided to all interested parties. Inquiries must not be directed to other
County employees or elected officials. Directing inquiries to other than the Designated Official may
result in your submission being rejected.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
1.5 Addenda
The County, may at its discretion, amend or supplement the RFP documents by addendum at any time
prior to the closing date. Changes to the RFP documents shall be made by addendum only. Such
changes made by addendum shall be supplementary to and form an integral part of the RFP documents
and should be allowed for in arriving at the total cost. The County will make every effort to issue all
addenda no later than three (3) days prior to the closing date.
Proponents shall acknowledge receipt of any addenda through the Bidding System by checking a box for
each addendum and any applicable attachment.
It is the sole responsibility of the Proponent to have received all Addenda that are issued. Proponents
should check online at https://el incounty. i san ten ers.ca/ o ule/Tenders/en prior to submitting
their proposal and up until the RFP closing time and date in the event additional addenda are issued.
If a Proponent submits their proposal prior to the RFP closing time and date and an addendum has been
issued, the Bidding System shall WITHDRAW the proposal submission and the bid status will change to an
INCOMPLETE STATUS and Withdraw the proposal. The Proponent can view this status change in the "MY
BIDS" section of the Bidding System.
The Proponent is solely responsible to:
• make any required adjustments to their proposal; and
• acknowledge the addenda; and
• Ensure the re -submitted proposal is RECEIVED by the Bidding System no later than the stated RFP
closing time and date.
The Proponent shall not rely on any information or instructions from the County or a County
Representative except the RFP Documents and any addenda issued pursuant to this section.
1.6 RFP Schedule
The RFP process will be governed according to the following schedule.
Issue RFP:
Last Date for Questions:
RFP Close:
Demonstrations:
Award of Contract:
November 8, 2023
November 24, 2023
December 1, 2023
TBA*
January 2024*
*Dates noted above are an approximation only and are subject to change.
Although every attempt will be made to meet all dates, the County reserves the right to modify or alter
any or all dates at its sole discretion by notifying all Proponents in writing via email or through the bidding
system.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
1.7 Proponent Communications
Each Proponent is solely responsible to ensure that all contact information for the Proponent is accurate
and updated at all times during the RFP process. Proponents may update or revise their contact
information in their Bidding System Vendor account. All correspondence from the County to a
Proponent will be issued through the Bidding System.
1.8 Proponent Investigations
Each Proponent is solely responsible, at its own cost and expense, to carry out its own independent
research, due diligence or to perform any other investigations, including seeking independent advice,
considered necessary by the Proponent to satisfy itself as to all existing conditions affecting the Proposal
for this RFP. The Proponents' obligations set out in this RFP apply irrespective of any background
information provided by the County or information contained in the RFP Documents or in responses to
questions.
The County does not represent or warrant the accuracy or completeness of any information set out in
the RFP Documents or made available to Proponents. The Proponents shall make such independent
assessments as they consider necessary to verify and confirm the accuracy and completeness of all such
information as any use of or reliance by Proponents an any and all such information shall be at the
Proponent's sole risk and without recourse against the County.
1.9 Notice of No Resoonse
If you are unable, or do not wish to provide a proposal, please complete a notice of no response form in
the bidding system. It is important to the County to receive a reply from all Proponents.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
SECTION 2.0 - TERMS OF REFERENCE
2.1 Scope of Work
The purpose of this RFP is to invite proposals for a public sector -oriented budget software solution for
processing, planning, and monitoring annual budgets. The solution should include installation,
configuration, training, upgrades, maintenance, and integration with the County of Elgin's enterprise
solutions (e.g., SAGE 300 for financials & reporting and Dayforce for payroll).
The County of Elgin is interested in obtaining a budgeting software solution with a single, unified tool that
manages data, calculations, workflow, and has the reporting capabilities typically needed in the budget
process. This includes operating budgets, capital budgets, position (staffing) budgets, and reserve fund
budgets. The solution also needs to include the ability to prepare alternative scenarios, forecast multiple
years and produce external facing quality reports directly from the solution.
2.2 Term of Contract
The term of contract is for a five (5) year term. The County at its discretion may extend the contract up
to an additional two (2), two (2) year terms upon mutual agreement between both parties.
2.3 Background / Current Process
The County of Elgin prepares an annual operating budget and capital budget, with total operating
expenditures exceeding $74 million and $24 million in capital expenditures. The budget is created for each
service area and helps to ensure the County delivers programs and maintains services effectively and
efficiently to its residents.
The existing budget software was developed in-house 10+ years ago and has not undergone any major
upgrades since its initial development. As such its overall functionality, including backend data
management abilities and frontend user interface, are outdated. Budget development is a mixture of
modeling/calculating adjustments in Excel housing all information outside the Accounting software.
Multiple budget scenarios or multi -year budgeting and forecasting must be conducted outside the solution
using complex Excel models, which are prone to formula errors given the vast amounts of data needed to
develop the line -by-line budget.
Once budgets are approved, they are combined outside of the Accounting software solution (Sage 300)
which is updated in real-time with actual revenues and expenses. Budget and actual information are
merged periodically into different Excel files that are easier to read and used by internal staff to monitor
spending and to generate the externally available variance reports provided to Council. This is not enabling
the most recent numbers to be available in real time to Managers who track spending.
2.4 Software Minimum Requirements and Key Features
The work shall consist of the provision of all expertise required for the provision of services requested.
The budget software shall include the following:
8
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
o Vendor must provide its own proprietary software that has already been developed and
successfully implemented at the municipal level.
o Vendor must include initial software installation and configuration (if on -premises), integration
with existing solutions, ongoing upgrades and maintenance, and adequate training/knowledge
transfer materials for solution maintenance, solution administration, and end user use of the
solution.
o Software should include out -of -the -box standard reports (e.g., operating variance report, year-
to-year budget comparison report), as well as the ability for County Finance staff to develop
custom and ad -hoc reports. Reporting should meet AODA compliance standards for public
documents.
o Software should be simple enough so it can be administered and maintained by Finance staff,
without the intervention of the vendor or County IT resources.
o Key features in the solution should include, but not be limited to:
o Multiyear operating budgeting (currently forecast 10 years).
o Multiyear capital budgeting (currently forecast 10 years).
■ Should be able to maintain budgets for separate projects and upload from/post
to the subledger directly.
o Position budgeting including fixed and variable fringe benefits costing.
■ Should be able to post position budget directly into operating budget.
■ Include forecasts related to proposed Inflationary adjustments.
o Multiyear reserve fund budgeting (currently forecast 10 years).
■ Modules should be integrated so that transfers to/from operating and capital
accounts automatically update reserve funds.
o Ability to create alternative scenarios for consideration and in conjunction with each
other Scenario A or Scenario B, etc.
o Versioning and rolling budget through various steps in the budget approval process
(i.e., department submission, internal review, committee review and final Council
approved).
o Variance monitoring capabilities for all budget types.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
o Reporting suite for all aspects of budgeting and variance monitoring.
o Ability to produce external facing budget documents/books/online interactive content.
o Workflow management process.
o The ability to track strategic initiatives and performance management objectives.
o Multi-user, live environment.
o If the proposed solution is cloud -based, all data centres (including DR sites) must exist in
Canada exclusively.
o Preference will be given to a cloud -based, browser accessed solution across multiple platforms.
o Solution should be browser -agnostic, but must be able to work with Microsoft Edge, Google
Chrome or Mozilla Firefox.
o The solution will be kept up to date, supported and maintained by the vendor to adhere to
current and future computing platform, privacy and security standards.
In addition to the items noted above, preference will be given to applications or services that meet these
criteria:
o The application or service should be device -agnostic and work on different types of device
form -factors including desktop computers, notebooks, tablets and smartphones.
o The application or service should be compatible with Windows, Android and Apple IOS
operating systems and published in the respective official online stores to ease in mobile
deployment.
o If the application or service is accessed using a web client/browser, that user interface for the
software should be browser -agnostic and not dependent on a specific browser type or
component. The service will be updated to maintain compatibility with current browser
updates and versions. The service will also be secured using SSL encryption for data in transit.
o The application or service should be able to authenticate against other identity and access
management platforms using security token services.
o The application or service should be capable of securing user authentication using multi -factor
authentication if required or deemed necessary.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
2.5 Software Kev Functionalities
In addition to the minimum requirements noted in section 2.4, the County has included a number of key
functionalities that firms should consider as they describe their solution functionality and how it can
meet the County's needs.
The key functionalities to be addressed as part of your proposal submission are listed in "Appendix A —
Key Functionalities". Please indicate your response directly in the Excel spreadsheet in the columns
noted.
2.6 Training & Support Requirements
The budget software solution shall include a training and support program.
Proponents shall indicate in their proposal response the number of hours required for in -person / on-line
training for the Finance Team based on our organization size. Proponents shall also provide access to
technical support during the term of the contract outlined as either an annual or hourly rate for
additional report writing as needed.
2.7 Preliminary Project Schedule
It is expected that the 2024 budget will be prepared in the existing legacy solution with the 2025 budget
being the first year fully prepared in the vendor's solution.
The anticipated project schedule will be as follows:
Contract Start: January 15, 2024
Substantial Completion: June 2024
Proponents shall provide a detailed process and timeline as part of their proposal submission.
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REQUEST FOR PROPOSAL NO. 2023-P40
BUDGET SOFTWARE SOLUTION
SECTION 3.0 - PROPOSAL REQUIREMENTS
3.1 Proposal Submissions
ELECTROINflC III'')II POSIII.. ;"! i.IVBIV'illl;"! 5101NIS 01NIL"11'", shall be received by the Bidding System. The Proposal
submission shall comprise of two (2) separate proposal submission files as detailed in section 3.2
Hardcopy submissions not permitted.
This RFP is a two -stage submission and requires that pricing be included separately as Part 2. Any
submissions which contain pricing information in the Technical Proposal (Part 1) will be rendered
informal and will be disqualified. AIIII iiiun°III'�orn°'iiatioin urelatm„ d to, Il riciin;P inu: st Illble si�brniitl:ked iiiun III')art 2 oriiiIIy.
Failure to include the proposal submission requirements may result in your proposal being disqualified.
3.2 Proposal Submission Requirements —Technical Proposal (Part 1)
Proponents shall upload a PDF Technical Proposal to the Bidding System.
The submission shall be no longer than fifteen (15) single sided pages (Aria) 12 font or equivalent),
excluding the Curricula Vitae, the Service Level Agreement, title pages and the response to Appendix A.
The submission should include all of the information listed in this Technical Proposal Requirements
section.
Each response to a request should clearly identify the section of this RFP to which it is responding (by
number and heading). The Proponent should provide information of sufficient scope and depth to
demonstrate the ability of the Proponent to deliver the services described in this RFP.
All information submitted is subject to verification, and further pertinent information may be obtained
from references.
a) Section A: Proponent Experience, Profile and Portfolio
Each Proponent should provide the following in its proposal:
• A brief description of the company;
• A description of the budget software the proponent has previously delivered and/or is
currently delivering, with an emphasis on experience relevant to government services, or
public sector organizations. Include how long the client has been using your budget
softwa re;
• The roles and responsibilities of the proponent and any of its agents, employees and sub-
contractors who will be involved in providing the Deliverables, together with the identify of
those who will be performing those roles and their relevant respective expertise.
• Its knowledge, skills and expertise in providing and implementing budget software for
municipalities.
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b) Section B: Key Personnel Assigned to Elgin Implementation
Provide a list of proposed key personnel including but not limited to, the Project Manager,
Implementation Team and Trainers. Include the area or expertise for each team member.
Proponents shall provide a resume or CV for the proposed Project Manager.
c) Section C: Functionality of the Proposed Solution
Confirm that your proposal meets the requirements stated in section 2.4. Additionally, provide a
response for each item listed in the Key Functionalities spreadsheet (see Appendix A). Include a
description in the "Proponent Response" column. Do not change any info in Column B.
d) Section D: Implementation Plan and Timeline
Provide an implementation plan and accompanying project timeline that enhances the likelihood
of a successful implementation occurring within a mutually agreed upon timeframe. Please
indicate timing of essential client -side support and deliverables in this plan.
As a starting point, Proponents to assume a project award by January 15, 2024.
Note that user research directly involving our staff will be required. User testing must be integrated
at the project onset and periodically at key points in the budget software development phase.
e) Section E: Proponent Support and Service Level Agreement (SLA)
Provide information on your service and support philosophy, model and the various service level
agreements you have in place for your clients post launch. Also provide (upload separately) the
proposed SLA to be used for this contract.
Provide a detailed description of post implementation support available to the County.
f) Section F: Client References
Each Proponent is requested to provide three (3) references from clients who have worked with
you on the development of a budget software solution in the last three (3) years. References
should be from sources of similar project experience relevant to the requirements of this project.
3.3 Proposal Submission Requirements — Financial Proposal (Part 2)
Proponents shall upload a separate PDF Financial Proposal to the Bidding System.
Provide a comprehensive budget breakdown of all costs in Canadian dollars that covers:
• Software costs.
• Implementation and training costs.
• Any foreseen licensing fees for plugins or other paid elements of the site.
• License fee structure and cost guarantee for a potential five-year term.
• Any additional fees for access to specialized technical support during the term of the
contract outlined as either an annual, block of time or hourly rate for additional report
writing as needed.
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Your proposal must clearly state which services are not included in your financial proposal.
Proponents will keep prices firm for the duration of the contract period. Failure to comply with this
requirement will be cause for rejection of a Proposal.
Prices must be provided in Canadian funds, inclusive of all applicable duties and taxes except for HST.
Prices quoted by the Proponent must be all-inclusive and must include all labour and material costs, all
travel and transportation costs, all insurance costs, all costs of delivery, all costs of installation, set-up,
and training, and all other overhead, including any fees or other charges required by law.
Part 2 will only be unsealed if Technical Proposal (Part 1) scores a minimum of 52.5 points out of a
possible 75 points (70%) by the evaluation team.
3.4 Evaluation Process
This is a multi -stage evaluation process that considers both the qualifications of the Proponent and price.
The phases of this evaluation are as follows:
Phase I: Technical Proposal
Phase I of this RFP requires that Proponents respond to the Technical Proposal
Requirements listed in section 3.2.
During this phase of the evaluation process, submissions will be reviewed and evaluated
by an evaluation committee through a consensus method based on the evaluation criteria
set out in section 3.5.
The disclosure of the allocated weightings for each category/criteria is provided to assist
Proponents in preparing a submission that best meets the requirements of the County.
Only submissions which score a minimum of 52.5 points out of a possible 75 points (70%)
in Phase I will have met the established threshold and pass to Phase II and will be given
further consideration for award.
Phase II: Financial Proposal
Only those Proponents who have met the established threshold will enter into Phase 11. If
the Proponent does not meet the minimum criteria, they will not be considered for
Phase II or any subsequent award. Pricing will be unsealed and will be calculated
according to the example in section 3.6.
Phase III: Demonstration
Invited Proponents will be required to demonstrate the functionality of their software
system to the evaluation committee. The demonstration will consist of an overview of the
software functionality and the requirements included in the RFP criteria. The
demonstration will be scored by representatives of County with assistance from the
purchasing department.
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Each proposal will be evaluated on the criteria noted in section 3.5 including proposal clarity and a
demonstrated understanding of the requirements. A short list of firms may be created for purposes of a
demonstration, should this be required. Proponents may be contacted to explain or clarify their
proposals; however, they will not be permitted to alter information as submitted.
An Evaluation Committee will be established from various user departments, the Manager of
Procurement & Risk and any others as deemed necessary.
Proposals will be evaluated on the basis of all information provided by the Proponent. Each proposal will
be reviewed to determine if the proposal is responsive to the submission requirements outlined in the
RFP. Failure to comply with these requirements may deem the proposal non -responsive.
Selection of a proposal will be based on (but not solely limited to) the following criteria and any other
relevant information provided by the Proponent at the time of submission as well as any additional
information provided during subsequent meetings with the Proponent.
In recognition of the importance of the procedure by which a Proponent may be selected, the following
criterion outlines the primary considerations to be used in the evaluation and consequent awarding of
this project (not in any order). The County reserves the right to evaluate and rank each submission using
criterion noted. Actual scores will be confidential.
The County reserves the right to request confidential references for any of the proponent's projects
listed, as well as any of the proponent's other projects, and factor the ratings from all references,
whether completed or in progress.
3.5 Evaluation Criteria
Submissions will be evaluated by an evaluation committee based on the following categories. The
disclosure of the allocated weightings for each category is provided to assist in preparing a proposal that
best meets the requirements of the County.
By responding to this RFP, Proponents agree to accept the decision of the evaluation committee as
final. Proposals will be evaluated based on the following weighted evaluation factors:
Evaluation Criteria
Maximum
Weight
Completeness of Submission
Pass/Fail
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1.
Proponent Experience, Profile and Portfolio
15
2.
Key Personnel Assigned to Elgin Implementation
15
3.
Functionality of the Proposed Solution
25
4.
Implementation and Schedule
10
5.
Support and SLA
10
6.
References
Pass/Fail
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BUDGET SOFTWARE SOLUTION
Evaluation Criteria
Maximum
Weight
Must score 52.5 out of 75 points (70%) to move to Phase 2
25, ..
7. Pricing/Total Overall Cost
25
..,..
8. Software Demonstrations
25
i"°OTAL 0I.,Il1 V1iIII.,IIiLAI""IINE Ill:)OilllN,i..i..S
:125 Ill:)OHNJ I
3.6 Ratings
For consistency, the following table describes the characteristics attributable to particular scores between
0-10.
0
Unacceptable
Did not submit information
1
Very Poor
Information provided does not meet any requirements
2
Poor
Barely meets some requirements, does not meet others.
3
Weak
Minimally addresses some, but not all of the requirement of the scope.
Lacking in critical areas
Below
Addresses most of the requirements of the criteria to the minimum
4
Average
acceptable level. Lacking in some areas.
Somewhat
Addresses most, but not all, of the requirements of the criteria to the
5
Satisfactory
minimum acceptable level. May be lacking in some areas that are not
critical.
6
Satisfactory
Adequately meets most of the requirements of the criteria. May be lacking
in some areas that are not critical.
7
Good
Meets all requirements of the criteria.
8
Very Good
Somewhat exceeds the requirements of the criteria.
9
Excellent
Exceeds the requirements of the criteria in ways that are beneficial.
Proposal exceeds the requirements of the criteria in superlative ways / very
10
Outstanding
desirable.
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The lowest cost proposed shall be awarded the full amount of points available for the financial portion of
the evaluation. All higher proposals shall be awarded points, rounded to the closest full point for the cost
portion of the evaluation by the following:
Lowest Cost _ Proposed Cost x Maximum Points = Total Cost Points.
It should be emphasized that pricing/cost is only one of the factors being considered in determining the
successful Proponent.
In submitting a proposal, the Proponent acknowledges the County's right to accept other than the lowest
priced proposal and expressly waives all rights for damages or redress as may exist in common law
stemming from the County's decision to accept a proposal which is not the lowest price proposal, if it is
deemed to be in the County's best interest to do so.
All qualified proposal submissions will be reviewed and evaluated. Additional information may be
requested if necessary.
Only the proposal response and Curricula Vitae requested will be evaluated. Proponents must include all
relevant information in the required page limit restriction identified in section 3.2.
3.7 Demonstrations
The County may have the two highest scoring Proponents attend a demonstration to present to the
evaluation team the proposed software system and to provide additional insight into the Proponent's
ability to meet the requirements as requested in the RFP. The County reserves the right to request
demonstrations for more or fewer than three Proponents based on the scoring results.
The demonstrations will be held at the County Administration Building, Training Room, 450 Sunset Drive,
St. Thomas, Ontario. Demonstrations may also be conducted via web conferencing.
Demonstrations shall follow this general format:
➢ Introduction of Proponents Project Team and County Evaluation Committee (10 minutes)
➢ Proponent Demonstration of the Software (1 hour)
➢ Question/Answer Session (30 minutes)
The Proponents will be notified of the final format and exact date and time for demonstrations in
advance. The County may decide to schedule a second demonstration if it is deemed necessary.
The score from the proposal evaluations, pricing and the demonstration will be combined to determine
an overall total score as noted in section 3.5.
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SECTION 4.0 - GENERAL CONDITIONS
4.1 Rights of the County
The County is not liable for any costs incurred by the Proponent in the preparation of their response to
the RFP or selection interviews, if required. Furthermore, the County shall not be responsible for any
liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or
subsequent to, or by reason of the acceptance, or non -acceptance by the County of any proposal or by
reason of any delay in the award of the contract.
The County reserves the right to accept any proposal, in whole or in part, that it feels most fully meets
the selection criteria. Therefore, the lowest cost proposal, or any proposal may not necessarily be
accepted. County staff shall evaluate all compliant proposals received by the closing time and make
evaluations and recommendations for acceptance.
The County reserves the right to request specific requirements not adequately covered in their initial
submission and clarify information contained in the Request for Proposal.
The County reserves the right to modify any and all requirements stated in the Request for Proposal at
any time prior to the possible awarding of the contract.
The County reserves the right to cancel this Request for Proposal at any time, without penalty or cost to
the County. This Request for Proposal should not be considered a commitment by the County to enter
into any contract.
The County reserves the right to enter into negotiations with the selected Proponent. If these
negotiations are not successfully concluded, the County reserves the right to begin negotiations with the
next selected Proponent.
Proposals shall remain open and subject to acceptance for a period of ninety (90) days from closing date.
In the event of any disagreement between the County and the Proponent regarding the interpretation of
the provisions of the Request for Proposal, the Director of Financial Services or an individual acting in
that capacity, shall make the final determination as to interpretation.
No proposal shall be accepted from any person or Proponent who, has a claim or has instituted a legal
proceeding against the County or against whom the County has a claim or has instituted a legal
proceeding, without the prior approval of County Council. This applies whether the legal proceeding is
related or unrelated to the subject matter of this RFP.
4.2 Conflict of Interest
The Proponent declares that no person, firm or corporation with whom or which the Proponent has an
interest, has any interest in this RFP or in the proposed contract for which this proposal is made.
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The Proponent further declares that no member of the Council of the County and no officer or employee
of the County will become interested directly or indirectly as a contracting party, partner, shareholder,
surety, or otherwise in or in the performance of the Contract or in the supplies, work or business to
which it relates, or in any portion of the profits thereof, or in any of the money to be derived there from.
Should the Proponent feel that a conflict of interest or potential conflict of interest exists; the Proponent
must disclose this information to the County prior to the submission of a proposal. The County may, at
its discretion, delay any evaluation or award until the matter is resolved to the County's satisfaction. The
County may allow a conflict of interest or potential conflict of interest to exist if it is satisfied that there
are adequate safeguards in place and if the County determines that it is in its best interests to do so.
The County reserves the right to disqualify a proposal where the County believes a conflict of interest or
potential conflict of interest exists.
4.3 Modified Proposals
In the event that a preferred proposal does not entirely meet the requirements of the County, the
County reserves the right to enter into negotiations with the selected Proponent, to arrive at a mutually
satisfactory arrangement and to make any modifications to the proposal as are in the best interests of
the County.
4.4 Disqualification of Proponents
More than one Proposal from an individual firm, partnership, corporation or association under the same
or different names will not be considered. A Proponent shall not discuss or communicate, directly or
indirectly with any other Proponent, any information whatsoever regarding the preparation of its own
Proposal or the Proposal of the other Proponent. Proponents shall prepare and submit Proposals
independently and without any connection, knowledge, comparison of information or arrangement,
direct or indirect with any other Proponent. Collusion between Proponents will be sufficient for rejection
of any Proposals so affected.
4.5 Confidentiality
The proposal must not be restricted by any statement, covering letter or alteration by the Proponent in
respect of confidential or proprietary information. The County will treat all proposals as confidential. The
County will comply with the Municipal Freedom of Information and Protection of Privacy Act, and its
retention by-law pursuant to the Municipal Act, in respect of all proposals. All Public Reports approved
by the Council of the County will become public information.
4.6 Proposal Assignments
The successful Proponent will not be permitted to assign or transfer any portion of the proposal as
submitted or the subsequent agreement without prior written approval from the County.
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4.7 Purchasing Policy
Submissions will be solicited, received, evaluated, accepted and processed in accordance with the
County's Purchasing Policy as amended from time to time. In submitting a proposal in response to this
RFP, the Proponent agrees and acknowledges that it has read and will be bound by the terms and
conditions of the County's Purchasing Policy. The Purchasing Policy can be viewed on the County's
website, www®elincounty®ca
4.8 Failure to Perform
Failure to comply with all terms and conditions of this proposal, and failure to supply all documentation,
as required herein, shall be just cause for cancellation of the award. The County shall then have the right
to award this contract to any other Proponent or to re -issue this RFP.
4.9 Award and Agreement
The Proponent that fully meets the requirements and scores the highest based on the evaluation criteria,
will be recommended for award. Once the award is made and approved by the County or County
Council, the report recommending such award including the total cost of the awarded project shall be a
matter of public record, unless otherwise determined by Council.
A written agreement, prepared by the County shall be executed by the County and the successful
Consultant. The complete proposal package submitted by the successful proponent, together with the
entire Request for Proposal documents prepared by the County of Elgin, shall form part of the
Agreement (see attached sample of agreement in Appendix A).
4.10 Insurance Requirements
Any agreement resulting from this RFP will contain the following insurance requirements:
a) Comprehensive general liability insurance including bodily injury, property damage liability,
personal injury liability, completed operations liability, blanket contractual liability, non -owned
automobile and shall contain a severability of interest and cross liability clause to a limit of no less
than five million ($5,000,000) dollars in respect to any one occurrence. The above -mentioned
policy shall be endorsed to include the County of Elgin as an Additional Insured.
.. .
c) The aforementioned policies of insurance shall contain or shall be subject to the following terms
and conditions:
➢ be written with an insurer licensed to do business in Ontario;
➢ be non-contributing with, and will apply only as primary and not excess to any other
insurance or self-insurance available to Elgin County;
➢ contain an undertaking by the insurer to notify the County in writing not less than sixty (60)
days before any material change in risk or cancellation of coverage.
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➢ any deductible amounts shall be borne by the Proponent.
➢ Prior to the execution of the Agreement and within fifteen (15) business days of the
placement, renewal, amendment, or extension of all or any part of the insurance, the
Proponent shall promptly provide Elgin County with confirmation of coverage insurance and,
if required, a certified true copy(s) of the policy(s) certified by an authorized representative
of the insurer together with copies of any amending endorsements applicable to the
Agreement.
4.11 Indemnification
The successful Proponent shall indemnify and hold harmless the County of Elgin, its officers, County
Council, Employees and volunteers from and against any liabilities, claims, expenses, demands, loss, cost,
damages, suits or proceedings by whomsoever made, directly or indirectly arising directly or indirectly by
reason of a requirements of this agreement save and except for damage caused by the negligence of the
County or their employees.
4.12 WSIB Requirements
The successful proponent shall furnish a WSIB Clearance Certificate rp for to commencement of work and
agrees to maintain their WSIB account in good standing throughout the contract period.
If the successful Proponent is a self-employed individual, partner or executive officer who does not pay
WSIB premium and is recognized by WSIB as an "independent operator" a letter from WSIB
acknowledging independent contractor status and confirming that WSIB coverage is not required must
be provided to the County of Elgin prior to commencement of work.
4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005
The Proponent shall ensure that all its employees and agents receive training regarding the requirements
as outlined in the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) as well as
the Ontario Human Rights Code. The Proponent is responsible to ensure that all of its employees,
volunteers and others for which the Proponent is responsible are adequately trained.
In accordance with the Accessibility for Ontarians with Disabilities Act, 20051ntegrated Accessibility
Standards Regulation (Ontario Regulation 191111), the County requires content created for the
municipality that is to be posted on our website to be provided in a format which is compliant with
WCAG 2.0 Level AA requirements. As required under Section 14 of the regulation, any content published
on our website after January 1, 2012 needs to be compliant with the WCAG requirements by the
timelines set out in the Regulation. It is the successful Proponent's responsibility to produce the required
documents in an accessible format.
4.14 Disqualification
The County may, in its sole discretion, disqualify a proposal or cancel its decision to make an award under
this RFP, at any time prior to the execution of the Agreement by the county, if,
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➢ the Proponent fails to cooperate in any attempt by the County to verify any information provided
by the Proponent in its proposal;
➢ the Proponent contravenes one proposal per Person or Entity;
➢ the Proponent fails to comply with the laws of Ontario or of Canada, as applicable;
➢ the Proposal contains false or misleading information;
➢ the Proposal, in the opinion of the County, reveals a material conflict of interest;
➢ the Proponent misrepresents any information contained in its proposal.
4.15 Record and Reputation
Without limiting or restricting any other right or privilege of the County and regardless of whether or not
a proposal or a Proponent otherwise satisfies the requirements of this RFP, the County may disqualify
any proposal from any Proponent, where;
➢ In the opinion of the County Solicitor or the Purchasing Coordinator for the County, the
commercial relationship between the Corporation of the County of Elgin and the Proponent has
been impaired by the prior and/or current act(s) or omission(s) of each Proponent, including but
not limited to:
a) Litigation with the County;
b) The failure of the Proponent to pay, in full, all outstanding accounts due to the County by the
Proponent after the County has made demand for payment;
c) The refusal to follow reasonable directions of the County or to cure a default under a
contract with the County as and when required by the County or it's representatives;
d) The Proponent has previously refused to enter into an Agreement with the County after the
Proponent's proposal was accepted by the County;
e) The Proponent has previously refused to perform or to complete performance of contracted
work with the County after the Proponent was awarded the contract;
f) Act(s) or omission(s) of the Proponent has resulted in a claim by the County under a bid
bond, a performance bond, a warranty bond or any other security required to be submitted
by the Proponent on an RFP within the previous five years.
➢ In the opinion of County Council or the Chief Administrative Officer, or their designate, there are
reasonable grounds to believe that it would not be in the best interests of the County to enter
into an Agreement with the Proponent, for reasons including but not limited to the conviction or
finding of liability of or against the Proponent or its officers or directors and any associated
entities under any taxation legislation in Canada, any criminal or civil law relating to fraud, theft,
extortion, threatening, influence peddling and fraudulent misrepresentation, the Environmental
Protection Act or corresponding legislation in other jurisdictions, any law regarding occupational
health or safety or the Securities Act or related legislation.
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4.16 Proponent's Costs
The Proponent shall bear all costs and expenses incurred by the Proponent relating to any aspect of its
participation in this RFP process, including all costs and expenses related to the Proponent's involvement
in;
➢ the preparation, presentation and submission of its proposal;
➢ the Proponent's attendance at the Proponent's meeting;
➢ due diligence and information gathering processes;
➢ site visits and interviews;
➢ preparation of responses to questions or requests for clarification from the County;
➢ preparation of the Proponent's own questions during the clarification process; and,
➢ agreement discussions.
The County is not liable to pay such costs and expenses or to reimburse or compensate a Proponent
under any circumstances, regardless of the conduct or outcome of the RFP Process, including the
rejection of all proposals or the cancellation of the RFP, and including any negligence of the County in the
conduct of the RFP process.
4.17 Legal Matters and Rights of the County
This RFP is not an offer to enter into either a bidding contract (often referred to as "Contract A") or a
contract to carry out the project (often referred to as "Contract B"). Neither this RFP nor the submission
of a proposal by a Proponent shall create any contractual rights or obligations whatsoever on either the
Proponent or the County.
The County may at its sole discretion change or discontinue this RFP process at any time whatsoever.
The County may in its sole discretion enter into negotiations with any person, whether or not that person
is a Proponent or a Short -Listed Proponent with respect to the work that is the subject of this RFP.
The County may at its sole discretion decline to evaluate any proposal that in the County's opinion is
incomplete, obscure or does not contain sufficient information to carry out a reasonable evaluation.
Without limiting the generality of the RFP, the County may at its sole discretion and at any time during
the RFP process;
➢ reject any or all of the Proposals;
➢ accept any Proposal;
➢ if only one Proposal is received, elect to accept or reject it;
➢ elect not to proceed with the RFP;
➢ alter the timetable, the RFP process or any other aspect of this RFP; and
➢ cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of this
RFP.
In addition to and notwithstanding any other term of this RFP, the County shall not be liable for any
damages resulting from any claim or cause of action, whether based upon an action or claim in contract,
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warranty, equity negligence, intended conduct or otherwise, including any action or claim arising from
the acts or omissions, negligent or otherwise of the County and including any claim for direct, indirect or
consequential damages, including but not limited to damages for loss of profit, loss of reputation, injury
to property and bodily injury that results from the Proponents' participation in the RFP process, including
but not limited to;
➢ the disclosure of a Proponent's confidential information;
➢ the costs of preparation of a Proponents Proposal, whether it is accepted, disqualified or
rejected;
➢ any delays, or any costs associated with such delays, in the RFP process;
➢ any errors in any information supplied by the County to the Proponents;
➢ the cancellation of the RFP; and
➢ the award of the contract to a Proponent other than the Proponent recommended by the
Proposal Review Committee.
4.18 Human Rights, Harassment and Occupational Health and Safety
The Proponent shall be required to comply with the County's policies regarding Human Rights,
Harassment in the Workplace and Occupational Health and Safety as well as all Provincial and Federal
laws, regulations and guidelines regarding Human Rights, Harassment in the Workplace and
Occupational Health and Safety.
4.19 COVID-19 Pandemic
The successful Proponent shall comply with current COVID health and safety measures in place during
the term of this contract.
4.20 Clarification
The County may require the Proponent to clarify the contents of its proposal, including by the submission
of supplementary documentation, or seek a Proponent's acknowledgement of the County's
interpretation of the Proponent's proposal.
The County is not obliged to seek clarification of any aspect of a proposal.
4.21 Supplementary Information
The County may, in its sole discretion, request any supplementary information whatsoever from a
Proponent after the submission deadline including information that the Proponent could or should have
submitted in its proposal prior to the submission deadline. The County is not obliged to request
supplementary information from a Proponent.
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4.22 Default / Non -Performance
The County will reserve the right to determine "non-performance" or "poor quality" of service and
further reserves the right to cancel any or all of this contract at any time should the Proponent's
performance not meet the terms and conditions of the RFP upon 30 days written notification to the
Proponent.
"Non-performance" shall mean the failure to meet the complete terms and conditions of this Contract
including, but not limited to, the response time. In the event of such cancellation, the County retains the
right to claim damages as a result of such default.
If the County terminates the Contract, it is entitled to:
a) withhold any further payment to the Proponent until the completion of the work and the expiry of
all obligations under the Contract; and
b) recover from the Proponent any loss, damage and expense incurred by the County by reason of the
default (which may be deducted from any monies due or becoming due to the Proponent).
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° 1 frl
View Details
Return to the Bids Homepgge(https://eigincounty.bidsandtenders.ca/Module/Tenders/en).
Bid Details
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Bid Type:
Bid Number:
Bid Name:
Bid Status:
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a
Services
Request For Proposal
2023-P40
Budget Software Solution
Closed
Wed Nov 8, 2023 12:30:59 PM (EST)
Fri Dec 1, 2023 3:00:59 PM (EST)
Fri Nov 24, 2023 4:30:00 PM (EST)
Not Applicable
English unless specified in the bid document
Online Submissions Only
Online Submissions Only
No
This Request for Proposal (the "RFP') is an
invitation by the County of Elgin (the "County') to
prospective proponents to prepare and submit
proposals for the provision of a Budget Software
Solution (the "Services'), that will meet the
requirements of the County as outlined in this
RFP.
Bid Document Access: Bid document preview, bid opportunity, and
award notices are available on the site free of
charge. Suppliers are not required to register for
a bid opportunity prior to previewing unsecured
bid documents. Please note, some documents
may be secured and you will be required to
register for the bid to download and view the
documents. To obtain an unsecured version of
the bid document and/or to participate in this
opportunity, an annual or a per bid fee must be
paid (annual fee - $418.95, per bid fee -
$125.75).
Page 219 of 347
Documents
File Name
RFP Document
Wednesday November 8, 2023 11:49 AM
Appendix A - Key Functionalities Spreadsheet
Wednesday November 8, 2023 11:50 AM
Document Uploads & Terms and Conditions
Wednesday November 8, 2023 11:52 AM
Addenda
File Name
Addendum 1
Friday November 24, 2023 03:41 PM
Purchasing Representatives
Employee
Hoogstra, Mike
Robertson, Brandon
Bids Submitted
The following are the unofficial bid results
Company
Questica Inc
Sylphia Consulting Inc. (SCI)
Vena Solutions
Regliisieii ffoii flhiis IBlid
Contact
Devaraj, Sandesh
603 Michigan Drive, Oakville
Ontario, Canada
L6LOG2
Basak, Rij
32 Britain Street Ste 100, Toronto
ON, Canada
M5A 1R6
Calman, Zach
2 Fraser Avenue, Toronto
Ontario, Canada
M6K 1Y6
Download Bid Documents
Page 220 of 347
Plan Takers
The following are the plan takers for the bid
Company
Contact
Verster, Jim
Agilyx North America
#303-3301 Douglas Street, Victoria
BC, Canada
V8Z 3L2
Fraser, Darryl
BDO Canada LLP
180 Kent Street, Ottawa
Ontario, Canada
K1P OB6
Holle, Erika
IGM Technology Corp
2 BLOOR ST W SUITE 700, TORONTO
ON, Canada
M4W 3E2
Mishra, Krishnakant
Marketch Technologies Inc
67 LODGEWAY DR, MAPLE
Ontario, Canada
L6A 3S4
Devaraj, Sandesh
Questica Inc
603 Michigan Drive, Oakville
Ontario, Canada
L6LOG2
Arya, Ad itya
Stoneboy Inc.
120 Eglinton Ave E Suite 800, Toronto
ON, Canada
M4P 1E2
Basak, Rij
Sylphia Consulting Inc. (SCI)
32 Britain Street Ste 100, Toronto
ON, Canada
M5A 1R6
Calman, Zach
Vena Solutions
2 Fraser Avenue, Toronto
Ontario, Canada
M6K 1Y6
Seturam, Des
Vigilant Consulting Services Inc. 2600 Skymark Ave, Building 1, Suite 102, Mississauga
Ontario, Canada
L4W5B2
Page 221 of 347
+1 Uad';`hII,.rIeIini 3
Budget Software Solution
Evaluation Committee
UP No. 2023-P40
Evaluation Team Member
Position
Conflict of
Interest
Jennifer Ford
Director of Financial Services / Treasurer
No
Peter Dutchak
Director of Engineering Services
No
Alexis Leitch
Manager of Financial Services
No
Lisa Czupryna
Senior Financial Analyst
No
Taylor Montag
Senior Financial Analyst
No
Mike Hoogstra
Manager of Procurement & Risk
No
Page 222 of 347
ElginCOUnty'
Report to County Council
From: Amy Thomson, Director of Human Resources
Date: January 9, 2024
Subject: 2024 Non -Union Economic Adjustment recommendation
Recommendation(s):
THAT County Council approve a non -union economic adjustment of 3% effective the
first full pay period of 2024; and,
THAT the necessary by-law be prepared.
Introduction:
Human Resources staff is seeking County Council's approval to implement a 3% wage
increase for non -union staff and Council, effective the first full pay period in 2024.
While 2.5% was the placeholder amount included in the initial budget forecast, this year
staff recommend slightly higher based on the data included in this report.
Each year, Human Resources staff recommends to County Council a non -union cost -of -
living increase which, by policy, is also applied to Council's remuneration. The purpose
of this annual action is to ensure the County of Elgin is attracting and retaining skills and
talent in the organization by remaining competitive in its compensation practices; and
that the County avoid any spikes or gaps in its compensation processes, as compared
to the market.
Background and Discussion:
Non -union salaries are reviewed annually to ensure that the County continues to pay
competitively to the market. Recommended adjustments to wages are made on the
basis of both benchmark data and comparative market trends.
In reviewing such data, the County considers a number of factors including, but not
limited to: negotiation mandates and outcomes, inflationary trends, attrition data, market
factors, non -union recruitment and retention experience, and potential for expanding
unionization.
The most recently available Ontario Ministry of Labour bargaining data shows that in
2023, the municipal average negotiated base wage increase is 3.1 %A. While the
private sector average for 2023 is 4.2% A. The Conference Board of Canada projects
the average overall 2024 pay increase for non -unionized employees to be 3.5%B; with
Page 223 of 347
the 2023 number rising to 4.1 % (compared to their projected 3.3%)B. In October, 2023
Ontario prices (CPI) grew 3.3% on a year -over -basis. The Bank of Canada reports that
"higher interest rates are working to ease price pressures in Canada and inflation is
coming down, though progress to the 2% target is slow" D. The Bank expects inflation to
fall to about 3.25% by the middle of 2024, then return to the 2% target in 2025 °. The
OMERS pension plan will provide a 4.42% increase to eligible pensioners for 2024.
In January 2024, our CUPE (library) employees receive 1.9%. This bargained
settlement took place well in advance of knowledge of how inflation would trend through
2021-2024.
Our SEIU collective agreement expired December 31 st, 2022 and our ONA agreement
expired in March, 2023; thus, we are presently uncertain what these bargaining unit
employees will receive for a 2024 increase and we are monitoring comparator
settlements and Arbitration Awards closely. A 2.5% increase has been included in the
budget as a placeholder for these two groups, amounting to an approximate monetary
increase of $502,000 or 1.2% on the levy.
As per the annual process, HR staff have surveyed surrounding and local municipalities
to gain comparator information on 2024 wage adjustments for non -union staff, in an
effort to monitor and maintain market equity. Based on data available at this time, there
is an average increase of 3.01 % among the Elgin County Local Municipal Partners; and
an average increase of 2.96% across surrounding Counties and municipalities across
Ontario, who shared their proposed and approved rates at time of survey (with 1.5% as
the lowest and 5.63% as the highest value across these comparators).
Many municipalities surveyed who have unionized staff will match their non -union wage
increases to those that are bargained, in order to maintain relative internal equity. Many
other municipalities follow a compensation policy that dictates the annual cost of living
increase for non -union staff will align with CPI. The significant spike in the CPI is what
has driven greater than usual differences across municipalities due to varying
compensation policies and practices.
Given that the County non -union recommended increase has been below municipal
comparator averages for a few consecutive years, it was communicated to Council in
January of 2023 that a slightly higher rate may need to be considered for 2024 in order
to ensure market equity is not lost. The County is presently experiencing challenges
with recruitment and retention of many non -union classifications; and negotiated starting
salaries have become increasingly challenging including some declined offers.
The County recommended non -union economic increase was reached by considering
and weighing all factors listed within this report, as well as in consideration of the 2024
budgetary process.
Financial Implications:
During the December 2023 Budget meetings, it was communicated by Finance staff that
there is a 2.5% placeholder included for non -union wage increases, for planning
purposes. This initial increase represented approximately $175,000 for non -union staff
and Council. An additional'/ of 1 % (0.5%) increase to these groups would increase the
total annual cost by $35,000. The $210,000 total includes the cost of both wages and
Page 224 of 347
benefits and represents an approximate increase on the levy of one-half of a
percentage (0.5%).
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
® Ensuring alignment of
❑ Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
❑ Enhancing quality of
programs and services
❑ Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
Local Municipal Partner non -union economic increases were reviewed and considered
toward the current recommendation.
Communication Requirements:
N/A
Conclusion:
In view of recent economic trends, comparative data, among other factors, Human
Resources staff believes a 3% economic adjustment in 2024 for non -union staff is
appropriate. In accordance with municipal bylaw, the 2024 economic adjustment would
be applied to members of County Council and come into effect the first full pay period of
2024.
References Utilized:
Information accessed December, 2023.
A) Ontario Ministry of Labour:
''; e F F D �.'' @ tP lit���'�n 1r'4(;r'4�4�4( Ian �� itJlkl'����J/ IJIV�4;%d� 141r'4(P V' I�nik�� "'Il�� `�V4�i�n 141/4�� I ��Ik�P'„� i �� � °IP llJlfil� ��Illi� ', lJ q p 1�15Y��'i4.
Zi I
B) The Conference Board of Canada: Compensation Planning Outlook 2022, December 9th, 2021,
lif t� ("'a%f(),t tJS � I' � pSN%III ILV 11 �Nk�,l �'6 P �N%t JIII �2I�N� iII Ifa plf 11IlllI�,k
C) Statistics Canada . ,a�..C1aC`6l(
D) Bank of Canada Monetary Policy Report October 2023
ttf, h ll rr;r�arr �� I III„ ��� d l u� „� � �(a/201 S/10/n,'g' 2(,)23 1..C1 2!5l
Page 225 of 347
All of which is Respectfully Submitted
Amy Thomson
Director of Human Resources
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 226 of 347
ElginCOUnty'
Report to County Council
From: Peter Dutchak, Director, Engineering Services
Date: January 9, 2024
Subject: Sale of Surplus Property — 8776 Centennial Road
Recommendation(s):
THAT the residential property known as 8776 Centennial Road be declared surplus to
the needs of the County of Elgin, and;
THAT the proceeds from the sale of 8776 Centennial Road be allocated towards the
Elm Street / Centennial Road Roundabout project (60901917), and;
THAT staff be directed to proceed as outlined in this report.
Introduction:
As part of the Elm Street / Centennial Road Roundabout construction project, a
residential property (8776 Centennial Road) was purchased by the County of Elgin to
accommodate the new roundabout. Now that the project is completed, this property can
be disposed of with the proceeds allocated to offset project costs.
Background and Discussion:
In 2021, County Council approved the purchase of portions of seven private properties,
including 8776 Centennial Road in its entirety, to accommodate the new roundabout at
the intersection of Elm Street and Centennial Road, within the Municipality of Central
Elgin. Now that construction is complete, this property is surplus and can be disposed
of.
In order to accommodate construction, a new sanitary connection and natural gas
service has been installed to the home. A newly paved asphalt laneway, concrete
porch, garage doors and landscaping has also been completed for the property. No
other improvements have been made and the property will be sold as -is.
A drawing depicting the pre-existing property and the portion utilized for the expanded
road allowance to accommodate the new roundabout is provided below.
Page 227 of 347
The aerial photograph below shows the new roundabout construction and the resulting
property at 8776 Centennial Road to be sold.
Financial Implications:
Quotations will be solicited for real estate services to sell this property and adhering to
the County's Procurement Policy. The proceeds from the sale are recommended to be
allocated towards the Elm Street / Centennial Road Roundabout project and to offset
some of the project's property acquisition costs as planned.
Page 228 of 347
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
❑ Ensuring alignment of
❑ Planning for and
❑ Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
❑ Enhancing quality of
programs and services
❑ Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
None.
Communication Requirements:
None.
Conclusion:
The residential property at 8776 Centennial Road was purchased in 2021 by the County
of Elgin to facilitate the construction of a roundabout at the intersection of Elm Street
and Centennial Road. Now that the project is complete, this property can be sold, with
the proceeds allocated towards the project as planned.
All of which is Respectfully Submitted
Peter Dutchak
Director, Engineering Services
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 229 of 347
ElginCOUnty'
Report to County Council
From: Nicholas Loeb, Director of Legal Services
Date: January 9, 2024
Subject: LS 24-1, Delegation of Authority By -Law
Recommendation(s):
THAT Council of the Corporation of the County of Elgin receive and file the report
entitled LS 24-1, Delegation of Authority By -Law dated January 9t", 2024 from the
Director of Legal Services for information;
THAT Council pass By -Law No. 23-44, the Delegation of Authority By -Law;
Introduction:
On November 28t", 2023, a report from the Director of Legal Services entitled
"Delegation of Authority By -Law," along with the corresponding draft by-law, was
received and considered by Elgin County Council ("Council'). A resolution was passed
directing that the Director of Legal Services return with a report for further information to
the January 9t", 2024 meeting and the draft by-law was read a first and second time.
Background and Discussion:
Section 270 of the Municipal Act, 2001 requires that municipalities adopt policies with
respect to certain matters including "the delegation of its powers and duties." This
requirement is typically satisfied by municipalities through the passing of a
comprehensive delegation of authority by-law. Elgin County has a number of separate
by-laws and policies that delegate authority to some of its employees and officers. By
way of example, the Procurement By -Law delegates some purchasing powers, and, the
Human Resources policy manual and its policies are currently approved by Council and
those delegate authority to certain personnel.
Statutory authority is also exercised by statutory officers including the Treasurer,
Clerk/Deputy Clerks and the CAO in conformance with Municipal Act, 2001 and their
respective appointment by-laws.
Page 230 of 347
A comprehensive delegation of authority by-law is strongly recommended by staff for
the following reasons:
• To the extent the current by-laws utilized by the County do not cover all areas of
delegated authority, such a by-law is required by the Municipal Act, 2001 in order
for the authority to be properly exercised;
• Officers and employees of the County will have clarity on the nature, extent and
parameters of their discretionary exercise of authority;
• Inherent within the by-law is the creation of checks and balances within the
administration on exercising authority across different areas of professional
expertise;
• Agreements and grants often require signing officers to demonstrate they have
authority of the corporation to execute certain documents, a delegation of
authority by-law will serve as evidence of that authority;
• Clarity for the public on who is responsible for what decision -making within the
County;
A full outline of the development of By -Law 23-44 was included in the November 28tn
2023 report to Council.
Further Information re Delegation of Authority By -Law 23-44
At the meeting of November 28tn, 2023, Council raised questions with regard to two
issues:
1. The reason for choosing either conjunctive or disjunctive delegation of authority
where two or more authorized officers or employees were noted within the
description of the delegation; and,
2. The basis for the monetary thresholds included in the by-law and to what extent
controls existed over such decision making if the authority was exercised;
With regard to construction of the delegated authority, several changes were made to
the by-law to remove redundancies within the Schedule(s) to the By -Law. A tracked
changes version is attached to this report. The final version not showing the track
changes is in the January 9tn, 2024 agenda under the By -Laws section.
Additionally, the following is provided in explanation for the nature of the construction of
the delegation where multiple officers or employees appear in the description:
In Section A, requirements for the concurrence of the Manager of Procurement reflects
the already existing requirements of Appendix "A" of the Purchasing Policy (By -Law No.
20-07).
In some instances, such as line 3 of Section A, the three titles noted, being the Director
of the relevant department, the Director of Finance and the CAO/Clerk, are all listed
conjunctively. That list interacts with the description and limitations in the middle
column, which provide for scenarios where the concurrence of all three is required. If
those thresholds are not met, then the description sets out the subset of which
individuals are required.
Page 231 of 347
In other instances it is noted that consultation with another subject -matter expert is
required. By way of example, some authorities are delegated to a Director but they must
consult with the Director of Legal Services or the Director of Human Resources, etc.. In
those instances, the Director of the relevant department ultimately has the ability to
exercise the delegated authority, provided they consulted with the subject matter expert
director. It does not require the latter to actually sign -off on it. This construction is
intended to ensure that Directors are fully informed about exercising their authority
before making a decision while at the same time respecting their autonomy in delivering
their departmental operations.
Where the combination of "and/or" exists such as Section B, line 6, this is designed to
deal with the variety of scenarios that could arise within the delegation of authority. In
that particular instance, there are a number of types of legal documents that should be
executed by the CAO and legal counsel and there are a number of types of documents
that could be accepted, executed or signed that require only legal counsel or only the
CAO. While the description and/or does leave the exercise of authority up to a case by
case basis, the practical nature of the way legal proceedings are handled internally
creates a logical flow for which officer should be exercising the authority in any given
instance.
In any instance where there is a requirement for two or more officers to act jointly and
they cannot agree, then the effect is that the exercise of authority is not authorized and
Council would need to make a decision on the issue.
With regard to the monetary thresholds included, Council sought additional information
in how those figures were arrived at and what controls exist.
As a general comment, there is a need to delegate some amount of monetary authority
to staff to settle disputes. Delegation to resolve issues generates operational
efficiencies and there are, at times, steps in proceedings that require someone with
authority to settle to be present at the event to give instructions and bind the County if
an agreement is reached.
The following explanations are provided to specifically comment on each area of
monetary authority provided for in the by-law:
The amounts in Schedule "A", Section A, line 1, reflect the Procurement Policy of the
County.
The amounts in Schedule "A", Section B, line 11, include the authority for a Solicitor to
settle any claim within the jurisdiction of the small claims court limit of $35,000.00. That
number was chosen specifically because it deals with small claims court matters. The
types of disputes that may arise within that threshold include disputes about fees
payable to the County, damage to County road infrastructure, minor contract issues and
some limited employment law disputes. In practice, not having the ability to resolve
disputes of this low-level nature would create significant inefficiencies when dealing with
problems that routinely arise during projects.
Page 232 of 347
Between $35,000 and $100,000, the CAO/Clerk and Director of Legal Services must
jointly agree to resolve the matter, otherwise the matter must be addressed by Council.
The settlement must also be within an approved budget. The basis for choosing
$100,000.00 was derived from several factors: Firstly, it has a limitation noted that the
resolution must be within an approved budget. Second, the amount is less than half of
what Directors can spend under the purchasing policy, which is similarly limited by the
funds being part of an approved budget. The distinction between the two is that when
purchasing/procuring a good or service there is presumably a public value in the
expenditure whereas resolving a monetary dispute, in most instances, arises out of a
problem in the delivery of a good or service. Third, within the context of legal claims,
$100,000 is well below the threshold for claims under simplified rules of the Rules of
Civil Procedure, which is an expedited version of civil litigation for amounts not
exceeding $200,000.00. Legal Services recommends $100,000 as a reasonable
threshold for delegated authority for the settlement of disputes.
There is, additionally, a variation in the monetary amounts related to settling disputes
that are specific to the area of HR matters in Section H. The authority set out at lines 7 —
9 is $50,000 in each instance. The delegation relates to signing minutes of settlement in
grievances and arbitrations, approving payments for employment severances where the
amount is not stipulated by contract, and, human rights complaints. There is a limitation
in each section that the amount must be within an approve budget, otherwise the matter
would require Council authorization. The amount of $50,000 was selected because it
aligns with the level of authority entrusted to Directors under the Procurement Policy for
non-competitive purchases and also the majority of claims of this nature fall well below
the $50,000 threshold.
The authority in section C, line 6, for the Director of Engineering to acquire road
widening parcels is commensurate with the threshold for single -source procurement.
Additionally, there is a limitation that the amount has to be within overall approved
project budget.
The authority in section F related to accepting artifacts or gifts is set out to ensure that if
there is an ongoing maintenance cost, or upgrades to facilities or equipment (e.g.
security, lighting, etc.) for particularly valuable pieces or gifts, that it receives proper
scrutiny. For that reason, the ability to accept gifts of a value greater than $25,000 is
limited to Directors who will perform an evaluation of the financial implications.
Subsequent to the November 28t", 2023 Council no further requests for additional
information were received.
Financial Implications:
There are no financial implications in passing By -Law 23-44, the By -Law codifies the
discretionary authority of employees and officers.
Page 233 of 347
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
❑ Ensuring alignment of
❑ Planning for and
❑ Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
❑ Delivering mandated
❑ Enhancing quality of
programs and services
❑ Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Local Municipal Partner Impact:
None.
Communication Requirements:
If By -Law 23-44 is passed, the Executive Leadership Team will provide an overview to
all staff that are empowered by a delegation of authority to ensure that they understand
the nature of the authority and the limitations on their discretionary exercise of the
authority.
Conclusion:
County leadership recommend that Council pass By -Law 23-44 to comprehensively
delegate authority to officers and employees of the County.
All of which is Respectfully Submitted
Nicholas Loeb
Director of Legal Services
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 234 of 347
COUNTY OF ELGIN
By -Law No. 23-44
"BEING A BY-LAW TO DELEGATE AUTHORITY TO OFFICERS AND EMPLOYEES OF THE
CORPORATION OF THE COUNTY OF ELGIN"
WHEREAS Section 2 of the MunicipalAct, 2001, S.O. 2001, c. 25., (the MunicipalAct) states
that the purpose of municipality is to be a responsible and accountable government with respect
to matters within its jurisdiction and each municipality is given powers and duties under the
Municipal Act, and other Acts of the legislature for the purpose of providing good government
with respect to those matters;
AND WHEREAS Section 5(3) of the Municipal Act sets out that a municipal power, including a
municipality's capacity, rights, powers and privileges under section 9, shall be exercised by by-
law unless the municipality is specifically authorized to do otherwise;
AND WHEREAS Section 23.1 of the Municipal Act authorizes a municipality to delegate its
powers and duties subject to certain limitations;
AND WHEREAS section 227(c) of the Municipal Act states that it is the role of the officers and
employees of the municipality to carry out duties required and assigned by the municipality
AND WHEREAS section 270(1) of the Municipal Act provides that a municipality shall adopt and
maintain a policy with respect to the delegation of its powers and duties;
AND WHEREAS it is deemed expedient to delegate authority from Council to the officers and
employees of the municipality for the purpose of providing responsible, accountable, good and
efficient governance of Elgin County;
NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts as follows:
1. This By -Law may be referred to as the "Delegation of Authority By -Law".
2. Authority is delegated to specified officers and employees to act, subject to limits and
restrictions, as described in Schedule "A" attached hereto. Schedule "A" hereto forms
part of this By -Law.
3. Subject to section 4, any delegated authority is granted only to the officer or employee
holding the corresponding officer or employee position listed under the "Delegation"
column in Schedule "A" and includes any officer or employee holding that position on a
permanent, temporary or acting basis. In addition, the delegation is also granted to the
corresponding officer or employee's supervisor, and each supervisor above that position
in the corporate structure, up to and including the Chief Administrative Officer.
4. Where any delegation of authority to any officer or employee or their supervisor is not
permissible at law, such as in an instance where a professional qualification or licence is
required to exercise the authority, then the delegation is deemed not granted to that
officer or employee or their supervisor but does not affect the delegation of authority to
any other officer or employee or their supervisor.
5. The Chief Administrative Officer is authorized to further delegate and to authorize further
delegations of any powers, duties, functions, and appointments delegated to the Chief
Page 235 of 347
Administrative Officer by Council under this or any other by-law or resolution to any
Director of the County, provided such delegations are in writing.
6. Unless the delegation includes specific language to the effect that the delegated
authority may be further delegated to a designate, and subject to section 5, no further
delegation of the authorities contained herein is permitted without Council approval,
either with respect to the authority and limits of the delegation or the persons to whom
the delegation is granted.
7. The Chief Administrative Officer is hereby authorized to resolve any conflict or ambiguity
regarding the individual or individuals of the County authorized to exercise any
delegation and implement any protocol necessary to give effect to the delegation.
8. Where delegated authority involves the expenditure of funds and/or commitment of
resources, the delegated authority must adhere to Elgin County's procurement by-law(s),
policies and procedures as may be in force from time to time. Nothing in this by-law shall
modify the purchasing authority delegated in such procurement by-law(s), policies and
procedures.
9. Officers and employees with delegated authority under this By -Law shall exercise their
authority responsibly and shall be accountable and responsible for their actions and
decisions.
10. If an officer or employee has a conflict of interest related to a delegated authority then
the officer or employee must not exercise their delegated authority and must report the
conflict of interest to their supervisor as soon as practicable.
11. This By-law does not diminish, restrict or reduce any authority delegated to any officer or
employee by any other resolution, By-law, statute, regulation or otherwise provided at
law.
12. Signing authority delegated by this By -Law may be signed by written, engraved, printed,
lithographed means, which may include any electronic means or measurers or otherwise
reproduced signatures provided that electronic signatures are affixed in compliance with
County policies as may be in force from time to time.
13. Each section this By -Law, including its Schedule(s), is an independent section or part of
a section, and the holding of any section or part thereof to be void or ineffective for any
cause shall not be deemed to affect the validity of any other sections or parts thereof.
14. Nothing in this By -Law shall be deemed, understood or interpreted to delegate or
attempt to delegate any of the powers that a Council is restricted, in whole in part, from
delegating pursuant to sections 23.2 and 23.3 of the Municipal Act.
RIf::::Alf.:) A II 11 RS � ANIf.:1 SIf::C0NIf.:1 � I1RA11:::::: ON � II NIf:::: 28"' If.:1AY o NO AIf::::,Ptillf::�lf::::,lf� 2023.
....................................................................................................................................................................................................................................................................................................................................................................................................................
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.......................... ....................................................................................................................................................................................................................................................................................................................................................................................n.................................
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Ed Ketchabaw, Warden Don Shropshire, CAO/Clerk
Page 236 of 347
Page 237 of 347
SCHEDULE"A"
A. All Departments
Description and Limitations
Delegation
1
Signing of agreements associated with the
Director (upon concurrence of
purchase of goods or services, subject to
Manager of Procurement) — not
the Procurement By -Law, approved budget,
exceeding $250,000
and review by Legal Services.
(RFQ/RFP/RFT);
Director (upon concurrence of
Manager of Procurement) — not
exceeding $50,000 (sole source
or single source);
Aligns with Procurement By -Law;
2
Signing of contracts which relate to
Director an4--
renewals or amending agreements where
the original agreement was approved by
Council. The contract must be reviewed by
Legal Services and have a value that does
not vary more than $50,000 per year
compared to the original agreement and be
for a term less than four years.
3
Applying for grants and submitting resulting
Director, Director of Finance and
reports, and required funding applications.
CAO/Clerk
Where such documents create an obligation
on the County, then there must be a review
by Legal Services and the Chief
Administrative Officer. If there is an ongoing
financial impact to the County, then there
must be a review by the finance
department.
4
Service Agreements with public sector
CAO/Clerk
organizations or between internal County
entities.
5
Approve purchasing documents pursuant to
A44 4reGkG,r-s1[.)!irectcir,
the procurement by-law
6
Authority to enter into agreements and
Director, must consult with
make necessary reports for student funding
Director of Human Resources
programs
Page 238 of 347
B. Administrative Services
Description and Limitations
Delegation
1
Approve and implement administrative
CAO/Clerk
policies, procedures and practices in the
exercise of authority under section 229 of the
Munici al Act
2
Closing Roads in the event of an emergency
CAO/Clerkan4-,ir,,.Director of
Engineering
3
Settling legal disputes of a non -litigation
Director of Legal Services and
nature, including contract disputes, signing
affected Director of Department or
minutes of settlement or giving instructions to
CAO/Clerk, jointly — up to budgeted
the Director of Legal Services to execute
project amount
minutes of settlement, upon receiving
recommendations from legal counsel and
consulting with any affected Director
4
1 Authorizing use of County logos/ trademarks
CAO / Clerk
5
Accepting and signing retainer agreements
Prosecutor, Director of Legal
for legal services provided under an
Services
authorized shared services agreement or on
a limited, file -specific basis to other public
entities with regard to prosecutions
6
Executing and filing any documents
CAO / Clerk and/or Director of
necessary for a legal proceeding including
Legal Services
but not limited to, issuing and signing
pleadings, accepting service of legal claims,
retaining external counsel provided that the
funds for external counsel is available within
an existing approved budget
7
Providing instructions to legal counsel
CAO / Clerk andlor Director of
Legal Services (,U 2Ig,gc,irwhere
legal counsel is external
8
Signing of easement agreements at nominal
Solicitor or Director of Engineering
cost to the County or as approved by Council
having consulted with a Solicitor
9
Objecting or consenting to land title
Solicitor
applications for absolute title where the
County is adjacent landowner.
10
Signing of transfers and acknowledgment
Solicitor andior Director of
and directions for transfer of County property
Engineering having consulted with
as approved by Council, required by the
a Solicitor
County under an Act (such as the Planning
Act).
11
Litigation at any Court, Commission, Tribunal,
Authority delegated to the Director
Board, Hearing or Arbitration, subject to the
of Legal Services to defend,
authority of insurance companies pursuant to
commence, manage, negotiate and
insurance policies
resolve any matter against or by
the County, Local Boards or
Committees.
Financial authority to settle:
Page 239 of 347
• Solicitor up to $35,000 (the
jurisdiction of the small
claims court)
• Director of Legal Services
and CAO/Clerk jointly: up to
$100,000, provided such
amount is within the
approved budget..............I�,,,th.2.
CAO/Clleirk and If.1iirectoir cf
......................................................................................................................................
l...eggl...c,ir rii,2...,m,E¢a:.
.............
.gircg'.,.... gaui,nciiIl....mn�.ui �...d. iidg'...
• Council, over $100,000
12
Authority to carry out the functions of
CAO/Clerk, may be delegated by
designated Head pursuant to MFIPPA for
CAO/Clerk to Manager of
freedom of information access requests and
Legislative Services or the Director
protection of privacy
of Community and Cultural
Services or any Deputy Clerk
13
Authority to make minor corrections to By-
Deputy Clerk,,
laws. Limited to non -material matters (e.g.
paragraph numbering, spelling) and subject
to consultation with the Director of Legal
Services and CAO/Clerk
14
Authority to participate in consultations by
CAO/Clerk;.
any level of government and provide
feedback on behalf of the County in
accordance with the County's existing
policies, frameworks, plans and/or priorities
15
Respond to media inquiries
Corporate Communications and
Engagement Coordinator or
Director as delegated by the CAO /
Clerk
C. ENGINEERING SERVICES
Description and Limitations
Delegation
1
Approve and sign road permits including but
Director of Engineering, may be
not limited to new entrance permits,
delegated in writing by Director of
temporary access permits, culvert
Engineering within Engineering
installations, road occupancy permits,
Services;
oversize or overweightpermits;
2
Approve and sign licence agreements and
Director of Engineering or
agreements permitting permanent
designate;
installation of approved utilities on County
property;
3
Authority to close roads in non -emergency
Director of Engineering or
situations
designate for special events;
Director of Engineering for
improvements, repair, demolition or
any other construction purposes or
otherwise;
Page 240 of 347
4
Authorize temporary speed reductions and
Director of Engineering or
approve appropriate si na a for same
designate;
5
Approve and execute encroachment
Director of Engineering, for existing
agreements on municipal land;
encroachments and where the
encroachment has no impact on
current or future use of right-of-
way(s)
6
Acquire land for road widening purposes
Director of Engineering, to a limit of
$50,000.00 for the purchase of
land and any cost must be part of
an approved budget
7
Designate truck routes and half -load roads
Director of Engineering or
designate;
8
Communicate conditions that should be
Manager G,f=.I=r nr;ii ,ii,m„
opposed on behalf of the County to any
1:::; m�,gii,m, e m,g„- ,ir rii,2
tannin authority
9
Approve and sign service agreements with
Manager a,f-:.I=k nr;ii,ii,m„
Hydro One or other utility provider to
f;;;; n .11i,m, e m,g,,ir rii g, ,provided the
provide electricity to new infrastructure
cost of the service is in an
approved budget
10
Manage renovation, repair or other
Manager of Corporate Facilities
construction projects in County facilities and
approve and sign all documents for that
purpose within approved budget
D. FINANCE
Description and Limitations
Delegation
1
Open, maintain and close bank accounts as
Manager of Finance
required for municipal purposes
2
Issue and sign cheques, make payments
Manager of Finance
and transfer funds for municipal purposes.
Limited to items approved in annual budget
or as otherwise approved by Council
3
Enter into agreements for services with
Director of Finance
accountants or auditors for municipal
purposes
4
Require an accounting of funds from any
Any two of the CAO / Clerk,
employee or officer of the County including
Director of Finance, Director of
members of Council
Human Resources ask-oi.....r the
........
Director of Legal Services, Council
must be informed as soon as
racticable
5
Issue and sign donation receipts
Director of Finance
6
Apply for provincial and federal grants
Director and Manager of Finance
7
Issue/post for bidding
Manager of Procurement
RFP/RFT/Procurement documents on
behalf of the Count
Page 241 of 347
8 Authority to auction or sell County chattel Manager of Procurement
property in accordance with County life -
cycle and other asset management policies
Page 242 of 347
E. INFORMATION TECHNOLOGY
Description and Limitations
Delegation
1
Approve and sign minor amendments to
Director of IT
Information Technology Services
agreements, including the purchase of
routine services and equipment, resulting
from changing business needs and
employee staffing changes
2
Approve and sign Data Use Agreement
Director of IT, requires consultation
with Director of Legal Services
3
Sign website and software Terms of Use
Director of IT, must consult with
and Licence Agreements provided they are
Manager of Procurement and
within budget and standard Terms of
Director of Legal Services on
Service
whether criteria is met
4
Authorize an audit of information technology
Any two of the Director of IT,
resources, including e-mail accounts and
Director of Human Resources, the
including forensic audits
CAO/Clerk cir'the Director of
Legal Services, Council must be
informed as soon as practicable
F. COMMUNITY AND CULTURAL SERVICES
Description and Limitations
Delegation
1
Authorize use of library facilities by
Supervisors
community organizations
2
Enter into program or performer agreements
Supervisors
3
Authority to perform the functions of the
Director of Community and Cultural
CEO of a Public Library Board as set out in
Services
the Public Library Board Act, including
representing Elgin County in associations,
committees or other industry organizations
related to library services
4
Approve, sign and submit all documents
Director of Community and Cultural
and reports necessary for the public
Services
libraries operating rant
5
Sign for receipt of artifacts, pieces, art,
Museum Curator, archives staff, for
archival records or other objects for display
items of estimated value, inclusive
as part of a museum, archives or library
of ongoing maintenance cost(s), of
program
less than $25,000 and there is no
increase to annual approved
budget;
Museum Curator and Director of
Finance together, if estimated
value is more than $25,000,
inclusive of maintenance cost or
results in increase to annual
approved budget
Page 243 of 347
6
Authority to temporarily close library,
Director of Community and Cultural
museum and archive facilities due to
Services, must consult with
inclement weather, power disruptions or
CAO/Clerk
staffing issues;
7
Authority to accept donations and issue tax
Museum Curator, archives staff, for
receipts under the County Library's status
items of estimated value, inclusive
of ongoing maintenance cost(s), of
less than $25,000 and there is no
increase to annual approved
budget;
Museum Curator and Director of
Finance together, if estimated
value is more than $25,000,
inclusive of maintenance cost or
results in increase to annual
approved budget
8
Authority and responsibility to retain and
All archives staff
destroy records in conformance with the
Count 's records retention policies
9
Authority to sign and submit reports related
Museum Curator
to the annual community museums
operating rant
Page 244 of 347
G. HOMES AND SENIOR SERVICES
Description and Limitations
Delegation
1
Approve and sign agreements, including
Director of Homes and Senior
grants, with the Province of Ontario or other
Services, must consult with legal
funding agencies to receive funds related to
services and finance department
the provision of Long -Term Care
2
Approve and Sign resident admission
Administrators
documentation
3
Approve and sign routine agreements with
Director of Homes and Senior
resident service providers
Services
4
Submitting routine or legislatively required
Administrators
reporting documents to the Province of
Ontario or any of its ministries
5
Create, approve and implement new
Director of Homes and Senior
programming for residents and seniors that
Services
does not create new obligations for the
County and is within an approved budget
6
Represent Elgin County in associations,
Director of Homes and Senior
committees or other industry organizations
Services
related to the provision of Long -Term Care
Homes
7
Approve, sign and implement policies,
Director of Homes and Senior
procedures and medical directives specific
Services
to Elgin County's Long -Term Care Homes
including those required by legislation,
regulation or for funding agreement
purposes
H. HUMAN RESOURCES
Description and Limitations
Delegation
1
Approve and sign agreements with
Director of Human Resources and
educational or training institutions for
affected Director of Department,
student or training placements
joint)
2
Approve and sign routine human resources
Director of Human Resources
documentation including but not limited to
performance management letters,
disciplinary letters, hiring letters, termination
letters;
3
Approve waiver of probationary period(s)
Director of Human Resources and
CAO/Clerk, joint)
4
Administration of benefits including: health,
Director of Human Recourses; i4
dental, STD, LTD, WSIB and OMERS
n e r` I::.*eetor..e,f
5
Authority over all claims management
Manager of Human Resources
documentation and Return to Work and
Accommodation documentation
Page 245 of 347
6
Authority to appeal any WSIB decision
Manager of Human Resources
7
Signing Minutes of Settlement in labour
Authority to manage and settle
relations disputes including grievances and
where there is no financial
matters referred to arbitration
implication — Manager of Human
Resources and member of
Management Team, jointly;
Authority to settle where there are
financial implications:
Director of Human Resources and
Director of affected department,
$50,000.00, on recommendation of
the Director of Legal Services,.
mu list be within approved budget.
8
Authority to approve payment for
Authority to manage and settle
employment severances where specific
claims up to $50,000.00 — Director
amount not stipulated by contract
of Human Resources and
CAO/Clerk, acting jointly ,,.,.m,us. ! b. .
�MtNn a .iroved byd et;
9
Authority to litigate, manage and settle
Must consult with Director of Legal
complaints by employees to the Human
Services. Authority to settle claims
Rights Commission or Human Rights
up to $50,000.000 — Director of
Tribunal.
Human Resources and CAO/Clerk,
acting jointly, must be within
approved budget
10
Authority to approve Job Descriptions
Director of Human Resources and
Director of affected department,
acting jointly, unless the job
description is for a member of SLT,
in which event the authority is
delegated to the Director of Human
Resources and the CAO/Clerk,
acting joint)
11
Authority to access employee IT Files
CAO/Clerk, except legal services
shared services files
Director of Human Resources
(including at the request of any
other Director), except legal
services shared services files and
CAO/Clerk must be notified;
Page 246 of 347
ElginCOUnty'
Report to County Council
From: Nicholas Loeb, Director of Legal Services
Date: January 9, 2024
Subject: LS 24-2 — Indemnification By -Law
Recommendation(s):
THAT Council receive and file the report entitled "LS 24-2 - Indemnification By -Law"
from the Director of Legal Services dated January 9t", 2024 for information;
THAT Council pass By -Law 23-43, the Indemnification By -Law;
Introduction:
On November 28t", 2023, a report from the Director of Legal Services entitled
"Indemnification By -Law", along with the corresponding draft by-law, was received and
considered by Elgin County Council ("Council"). A resolution was passed directing that
the Director of Legal Services return with a report for further information to the January
9t" 2024 meeting and the draft by-law was read a first and second time.
Background and Discussion:
The background context and importance of an indemnification by-law is set out in detail
in the November 28t", 2023 report to Council. Generally speaking, an employer in
Canada is vicariously liable for damages caused by its employees even where it arises
out of the employee's negligence, subject to certain exclusions that are determined at
law. Municipal officials are also protected in their personal capacity by way of the
immunity provisions at section 448(1), subject to the clarifying provision at section
448(2), which generally set out that a municipality itself is liable for the actions of its
members of council, officers and employees rather than the liability flowing to the
members of council, officers or employees themselves.
However, the common law principle of vicarious liability and above -referenced statutory
provisions do not account for all potential legal proceedings and even where they
account for a legal proceeding, out-of-pocket expenses could occur if an individual is
subject to such a proceeding. Further, the above -captured principles also do not set
criteria or limits to the extent of indemnification other than those that exist in the
common law. An indemnification by-law serves to create a number of corporate
protections related to legal proceedings that may be commenced against County
Page 247 of 347
employees or members of Council while also serving to clarify the extent and scope of
the indemnification that the County provides to its employees and members of Council
for the performance of their duties.
At the November 28t", 2023 meeting of Council the by-law was deferred for further
consideration to January 9t", 2024 so that Council could receive more information. A
redline version of the Indemnification By -Law as compared to November 28t", 2023 is
attached to this report. A clean version of this redline is presented in the By -Laws
section of the January 9, 2024 agenda.
The Director of Legal Services received a number questions from Members of Council
and they are addressed in this report:
Vnh intaar¢
The indemnification of volunteers has been removed. The inclusion of volunteers is
principally used by municipalities in the context of volunteer first responders or where
large volunteer programs are part of operations (e.g. in larger urban centres). The
County does not have a fire department and as such this consideration is not as
important to the County. From a risk management perspective, the likelihood of a claim
against a County volunteer can be dealt with on a case by case basis if it ever arises,
rather than seeking to codify the nature of the performance of volunteer duties that fit
the scope of the indemnification provided for in the by-law.
Application to Local Boards
An inquiry was received as to which Local Boards would be caught by the definition of
"Board" within the by-law. The definition in the by-law is itself staked to the definition for
local board that appears in the Municipal Act, 2001, which is:
"local board" means a municipal service board, transportation commission, public
library board, board of health, police services board, planning board, or any other
board, commission, committee, body or local authority established or exercising
any power under any Act with respect to the affairs or purposes of one or more
municipalities, excluding a school board and a conservation authority;
At Elgin County, this means the Land Division Committee, the Terrace Lodge
Redevelopment Committee and the Rural Initiatives and Planning Advisory Committee,
as examples. The definition does not include boards established by other entities to
which County Council members are appointed (e.g. the SWIFT Board, the public health
board, etc.). Legal Services recommends the indemnification by-law continue to
incorporate the definition of a board and its inclusion in the indemnification criteria as
County Council may choose to change the number, mandate or authority of its local
boards over time.
At section 2.8 there is also a reference to the fact that a former employee could include
a person that was a former employee of a Board. The County currently does not have
any Boards that have their own staff members. While that reference can be removed for
Page 248 of 347
that reason, legal services recommends its continued inclusion in the event the County
ever establishes a board that has employee(s).
Clarification on the Application of Former Members or Employees
The scope of the by-law is applicable to former Members or Employees, provided that
the incident that is the subject of the legal proceeding against the individual occurred
and was connected to the performance of their duties on behalf of the County at that
time.
Exclusions
A change was made at section 3.1.11 to change the reference of a Member to Eligible
Person. The exclusion can only apply to a Member in any event as it related to
municipal conflicts of interest, however the change to Eligible Person reflects continuity
of wording with other similar provisions such as 3.1.10.
Section 4.4 and 11.1.1
A request for clarification on the intended application of section 4.4 was received. This
section is intended to deal with the shared services delivered by County employees in
legal services, GIS, human resources and likely planning services in the future. The
intention of the provision is to make it clear that work done in the performance of shared
services is intended to be understood as performance of roles and responsibilities
expected of the County employee. Through shared services agreements with the other
municipal entities, the indemnity and insurance provisions are then articulated in a
manner to protect the County.
Interaction with Insurance
The majority of claims made against the County or its employees are covered by
insurance. This by-law does not affect the County's insurance rates. This is centrally
because this by-law is not applicable to any process or damages covered by an
insurance policy if there is a conflict. Where an insurance policy is engaged then the
insurance policy governs (section 5.2). With regard to supplementing the liability
insurance program of the County, this by-law codifies that the County is responsible for
deductibles and for any area that the County does not have insurance. By way of
example only, a number of municipalities in Ontario have been denied cyber insurance
in the past three years. If that were ever to occur to Elgin County and the hypothetical
situation of an individual employee being named in a legal proceeding arising out of a
cyber attack came to fruition, then this by-law sets out the criteria, extent and scope of
the indemnity it would provide to that individual employee for the (in this example)
uninsured claim.
Administration of By -Law and Dispute Resolution
There are a number of instances where determinations of eligibility, whether to approve
steps in a proceeding, or whether to approve a settlement are set out, but the precise
criteria upon which decision making will be made is not set out. In general, this is
Page 249 of 347
because of the vast number of potential fact -patterns that could occur that would need
to be analyzed on a case -by -case basis when making such a determination.
Provided that it is a legal proceeding covered by the scope of the by-law, the eligibility
criteria are set out in section 4 of the By -Law. The most likely area of dispute on
whether an individual should be indemnified will be whether or not an employee or
former employee was performing their duties at the time of the incident that gives rise to
the legal proceeding. This is the most commonly disputed area of vicarious liability
under the common law. The criteria that will be used to make a determination on
eligibility would then include factors such as the job description, the nature of the
incident, whether the employee had received any instruction to perform the work,
whether it was done on paid duty time or off -duty, etc.. Section 4.3 provides that where
a determination is needed, the Director of Legal Services will provide a legal opinion.
That opinion is provided to the CAO, who is empowered as the decision -making
authority pursuant to section 7.1.
The CAO is similarly empowered to make decisions pursuant to section 7.3 on
additional steps in a legal proceeding. Typically, legal opinions regarding the merits and
risks of any such steps will be obtained by the County in making its decision on such
steps.
Where an individual disagrees with the decision made by the CAO pursuant to the by-
law there is no prescribed protocol for an appeal. Rather, Council has the ability to
override the decision of staff pursuant to section 7.4.1..
Financial Implications:
None.
Alignment with Strategic Priorities:
Serving Elgin
Growing Elgin
Investing in Elgin
❑ Ensuring alignment of
❑ Planning for and
® Ensuring we have the
current programs and
facilitating commercial,
necessary tools,
services with community
industrial, residential, and
resources, and
need.
agricultural growth.
infrastructure to deliver
programs and services
❑ Exploring different ways
❑ Fostering a healthy
now and in the future.
of addressing community
environment.
need.
® Delivering mandated
❑ Enhancing quality of
programs and services
❑ Engaging with our
place.
efficiently and effectively.
community and other
stakeholders.
Page 250 of 347
Local Municipal Partner Impact:
None.
Communication Requirements:
The Legal Services Department will deliver an overview of the by-law to Management
Team at an upcoming meeting.
Conclusion:
The Legal Services Department recommends that Council pass By -Law No. 23-43 as
presented in the January 9, 2024 agenda.
All of which is Respectfully Submitted
Nicholas Loeb
Director of Legal Services
Approved for Submission
Blaine Parkin
Chief Administrative Officer/Clerk
Page 251 of 347
COUNTY OF ELGIN
By -Law No. 23-43
"BEING A BY-LAW TO PROVIDE FOR THE INDEMNITY AND DEFENCE OF
MEMBERS OF COUNCIL, MEMBERS OF LOCAL BOARDS AND- EMPLOYEES ;,,;;
VQ4V N=t=E�:::: " OF THE COUNTY AGAINST LOSS OR LIABILITY INCURRED WHILE
ITTQ9ILl[rZi7Ll1:3:11Fill 110i]a9:I:9K0111Ll11Vd l
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that the powers of a municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to govern;
AND WHEREAS Section 223.3 of the Municipal Act, 2001 provides that a municipality
shall indemnify the Integrity Commissioner or any person acting under the instructions
of that officer for costs reasonably incurred by either of them in connection with the
defence of a proceeding if the proceeding relates to an act done in good faith in the
performance or intended performance of a duty or authority under this Part or a by-law
passed under it or an alleged neglect or default in the performance in good faith of the
duty or authority;
AND WHEREAS s. 279(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that despite the Insurance Act, a municipality may be or act as an insurer and
may exchange with other municipalities in Ontario reciprocal contracts of indemnity or
inter -insurance in accordance with Part XIII of the Insurance Act with respect to the
following matters:
1. Protection against risks that may involve pecuniary loss or liability on the part of
the municipality or any local board of the municipality.
2. The protection of its employees or former employees or those of any local board
of the municipality against risks that may involve pecuniary loss or liability on the
part of those employees.
3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of
the members or former members of the council or of any local board of the
municipality or any class of those members against risks that may involve
pecuniary loss or liability on the part of the members.
4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any
damages or costs awarded against any of its employees, members, former
employees or former members or expenses incurred by them as a result of any
action or other proceeding arising out of acts or omissions done or made by them
in their capacity as employees or members, including while acting in the
performance of any statutory duty.
5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any
sum required in connection with the settlement of an action or other proceeding
referred to in paragraph 4 and for assuming the cost of defending the employees
or members in the action or proceeding;
AND WHEREAS Section 283(1) of the Municipal Act, 2001, as amended, provides that
municipalities may pay any part of the remuneration and expenses of the members of
any local board of the municipality and the officers and employees of the local board;
AND WHEREAS Section 283(2) of the Municipal Act, 2001 as amended, provides that
a municipality may only pay the expenses of members of council, local boards,
employees, and officers if the expenses are of those persons in their capacity as
members, officers or employees, among other considerations;
Page 252 of 347
AND WHEREAS s. 448(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that no proceeding for damages or otherwise shall be commenced against a
member of council or an officer, employee or agent of a municipality or a person acting
under the instructions of the officer, employee or agent for any act done in good faith in
the performance or intended performance of a duty or authority under this Act or a by-
law passed under it or for any alleged neglect or default in the performance in good faith
of the duty or authority;
AND WHEREAS s. 448(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that s. 448(1) does not relieve a municipality of liability to which it would
otherwise be subject in respect of a tort committed by a member of council or an officer,
employee or agent of the municipality or a person acting under the instructions of the
officer, employee or agent;
AND WHEREAS Section 8 of the Municipal Conflict oflnterestAct, R.S.O. 1990, c. M.
50, as amended, allows an elector, an Integrity Commissioner of a municipality or a
person demonstrably acting in the public interest to apply to a judge for a determination
of the question of whether a member, or former member, has contravened section 5,
5.1, 5.2, or 5.3 of the Municipal Conflict of Interest Act;
AND WHEREAS s. 14 of the Municipal Conflict oflnterestAct, R.S.O. 1990, c. M.50, as
amended, states that despite section 279 of the Municipal Act, 2001, the council of
every municipality may at any time pass by-laws, despite the Insurance Act, to enable
the municipality to act as an insurer to protect a member of the council or of any local
board thereof who has been found not to have contravened section 5, 5.1, 5.2, or 5.3
against any costs or expenses incurred by the member as a result of a proceeding
brought under the Municipal Conflict of Interest Act, and for paying on behalf of or
reimbursing the member for any such costs or expenses;
AND WHEREAS the Council of The Corporation of the County of Elgin finds that it is in
the public interest to ensure that Eligible Persons acting in good faith to perform their
duties are indemnified against the costs of Legal Proceedings;
NOW THEREFORE the Council of the Corporation of the County of Elgin ENACTS AS
FOLLOWS:
1. SHORT TITLE
1.1 This by-law may be cited as the "Indemnification By-law" for the Corporation of
the County of Elgin.
2. DEFINITIONS
In this by-law:
2.1 "Board" means a local board of the County, as defined in the Act.
2.2 "Chief Administrative Officer" means the Chief Administrative Officer of the
County, the delegate thereof, or any person to whom the powers thereof are
delegated by Council for the purposes of this by-law.
2.3 "Code Complaint" means a formal or informal complaint made to the Integrity
Commissioner pursuant to the County's Code of Conduct and includes an
inquiry under section 223.4 or 223.4.1 of the Municipal Act, 2001.
2.4 "Council" means the Council of the County.
2.5 "County" means the Corporation of the County of Elgin.
2.6 "Eligible Person" means any of the following persons of the County:
2.6.1 a current or former member of Council;
2.6.2 a current or former member of a local board;
2.6.3 the current or former Integrity Commissioner, including any person
acting under the instructions of the Integrity Commissioner; and
2.6.4 current or former employees.
2.7 "Employee" means any salaried officer or any other person in the employ of the
County or of a Board, , e o rude 0he emrii o e4a
af...t.
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Page 253 of 347
2.8 "Former Employee" means a person who was formerly an employee of the
County or a Board.
2.9 "Former Member" means a person who was formerly a Member.
2.10 "Legal Proceeding"
2.10.1 means:
2.10.1.1 a civil proceeding or administrative action, including but not
limited to an action, application, motion, hearing, trial;
2.10.1.2 a proceeding wherein a person is charged with an offence
under the Criminal Code, R.S.C. 1985, c. C. 46 or the
Highway Traffic Act, R.S.O. 1990, s. H.B; or
2.10.1.3 a proceeding brought under section 8 of the Municipal Conflict
of Interest Act, R.S.O.1990, c. M. 50, as amended (the
"MCIA"); or
2.10.1.4 a Code Complaint; or
2.10.1.5 a complaint to a professional association;
2.10.2 But excludes:
2.10.2.1 any proceeding commenced by the County;
2.10.2.2 any proceeding in which the County is a party adverse in
interest, including municipal parking and traffic by-laws. For
greater certainty, this section does not prevent indemnification
of Members of Council and Local Boards in the context of a
proceeding brought under the MCIA, subject to the restrictions
at s. 14 of the MCIA; or
2.10.2.3 any proceeding under the Municipal Elections Act, 1996, S.O.
1996, c. 32, Sched., as amended.
2.11 "Member" means a person who is a member of the Council or of a Board.
3. EXCLUSIONS
3.1 This by-law does not apply to:
3.1.1 any Legal Proceeding in which the County is an adverse party to the
otherwise Eligible Person;
3.1.2 any Legal Proceeding in which the interests of the otherwise Eligible
Person are adverse to the County's interests Lgllu�J..ngfiher the Count „y
has made a ooinp!!.gJnt that its the basil for the'. II cgall If'rooce ong„;
3.1.3 any Legal Proceeding that relates to a grievance filed under the provisions
of a collective agreement or to disciplinary action taken by the County as
an employer;
3.1.4 any Legal Proceeding arising from a Code of Conduct enacted pursuant to
section 223.2 of the Municipal Act, 2001;
j ........any Legal Proceeding resulting from any dishonest, bad faith, fraudulent
or criminal act committed by an individual, including an otherwise Eligible
Person, including abuse of public office. For clarity, this exclusion does not
apply to an Eligible Person who did not participate in such act and who did
not have personal or constructive knowledge thereof;
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3 6 ; ' r any Legal Proceeding resulting from an individual, including an
otherwise Eligible Person, gaining a personal profit or advantage to which
he or she was not legally entitled, or the return by the Eligible Person of
any money paid to him or her, if payment of such money is held to be in
violation of law;
3 1 73 1 8 any Legal Proceeding relating to conduct which falls outside the
scope of the Eligible Person's duty or authority, unless the Eligible Person
was acting in good faith and held an honest and reasonable belief that the
conduct was within his or her duty or authority and was in the best interest
of the County;
3 1 93 1 9 any Legal Proceeding involving sexual misconduct, harassment, or
bullying. For clarity, this exclusion does not apply to an Eligible Person
who did not participate in such act and who did not have personal or
Page 254 of 347
constructive knowledge thereof, nor to an Eligible Person who is a victim
of such act;
3 1 93 1 10 any Legal Proceeding that relates to defamation. For clarity, this
exclusion does not apply to an Eligible Person who is the victim of
defamation,
31 1931 I I any Legal Proceeding that relates to section 5, 5.1, 5.2 or 5.3 of the
MCIA, except where the Eligible Person has been found not to have
contravened sections 5, 5.1, 5.2 and 5.3 of the MCIA.; and,
1 1 1 '�..<„ any expenses incurred by an Il llii ii_b�Ie If Ierson e�-in obtaining
a ,...
personal legal advice to determine whether the e�II Ilii ii_b�Ie Irson I''o„
has a pecuniary interest in a matter which is the subject of a determination
or consideration by Council or a Board as defined herein;
4. INDEMNIFICATION
Subject to the exclusions, exceptions, and other terms set out in this by-law, the County
shall indemnify an Eligible Person in the manner and to the extent provided by this by-
law in respect of any legal proceeding, including appeals, initiated by a third party for:
4.1 Acts, errors or omissions arising out of the scope of the Eligible Person's
authority or duty or within the course of an Individual's employment or office if:
4.1.1 the Eligible Person was acting within the individual's scope of authority or
duty;
4.1.2 the Eligible Person acted honestly and in good faith; and
4.1.3 in the case of administrative action or proceeding that is enforced by a
monetary penalty, the Eligible Person had reasonable grounds for
believing that his or her conduct was lawful;
4.2 acts or omissions relating to the conduct which falls outside of the Eligible
Person's duty or authority, provided that:
4.2.1 the Eligible Person was acting in good faith and held an honest and
reasonable belief that the conduct was within his or her duty or authority
and was in the best interest of the County; and
4.2.2 in the case of administrative action or proceeding enforced by a
monetary penalty, the Eligible Person had reasonable grounds for
believing that his or her conduct was lawful.
4.3 In the event that any determination is required as to whether an Eligible Person
meets the requirements of this section, the Director of Legal Services shall
provide a legal opinion in that regard, which shall include advice on any terms
and conditions that should apply to the indemnification of an Eligible Person. In
circumstances where the Director of Legal Services is unable to provide such an
opinion, in the Director's own discretion, then the Director of Legal Services may
obtain such an opinion from external legal counsel.
4.4 For clarity, services provided by an Eligible Person to a third party pursuant to a
shared services agreement between the County and the third party are intended
to be indemnified by the County under this by-law, subject to the same
conditions and limitations expressed herein.
5. MANNER AND EXTENT OF INDEMNIFICATION
5.1 Subject to Section 5.2, the County shall indemnify an Eligible Person who meets
the requirements of Section 4 of this by-law by:
5.1.1 assuming the reasonable cost of defending such Eligible Person in a
Legal Proceeding;
5.1.2 paying any damages or costs, including a monetary penalty, awarded
against such Eligible Person as a result of a Legal Proceeding;
5.1.3 paying, either by direct payment or by reimbursement, any expenses
reasonably incurred by such Eligible Person as a result of a Legal
Proceeding; and
5.1.4 paying any sum required in connection with the settlement of a Legal
Proceeding;
5.2 Notwithstanding any other provision in this by-law, the County will only
indemnify an Eligible Person to the extent that costs, damages, expenses, or
sums are not assumed, paid, or reimbursed under any provision of the County's
Insurance program or any other insurance program for the benefit and
protection of such Individual against liability. The provisions of this by-law are
Page 255 of 347
intended to supplement the protection provided by such policies of insurance;
accordingly, in the event of conflict between this by-law and the terms of such a
policy of insurance, the terms of the policy of insurance shall prevail.
5.3 Except where an applicable policy of insurance requires otherwise, Council shall
have the right to approve or reject the settlement of any indemnified Legal
Proceeding.
6. PROVISION OF LEGAL COUNSEL
6.1 The County shall have the right to select and retain the lawyer to represent an
Eligible Person, having regard to whether the lawyer has the expertise and can
provide the commitment of time and resources required, and the Chief
Administrative Officer shall:
6.1.1 advise such Eligible Person of the lawyer selected to represent them;
and
6.1.2 advise Council of the final disposition of the matter.
6.2 Subject to the provisions of this Section, an Eligible Person may request
approval to be represented by the lawyer of the person's choice by writing to the
Chief Administrative Officer. The Chief Administrative Officer shall, in
consultation with the Director of Legal Services, within ten (10) days of receipt of
the request, either approve or deny the request and advise the person in writing
of such decision.
6.3 The County shall be provided with copies of the lawyer's statements of account
on a monthly basis. Statements of account shall outline all fees and
disbursements and shall be provided with information relating to these accounts,
as may be requested from time to time, in order to determine reasonableness of
the account before any payment is made.
6.4 The County may, through a decision of Council, require that an account for
reimbursement be assessed by a Court Assessment Officer, where applicable.
.6 zNotwithstanding any other provision of this by-law to the contrary, any lawyer
retained by the County's insurers from time to time to defend the County in any
Legal Proceeding shall represent an Eligible Person with respect to that
Proceeding unless the County instructs otherwise.
5
7. RIGHTS OF THE COUNTY
7.1 Decision -making authority under this by-law, including the authority to execute
necessary documents on behalf of the County in order to give effect to this by-
law, is designated to the Chief Administrative Officer, except where otherwise
specified. When exercising delegated authority, the Chief Administrative Officer
shall have regard to the potential costs to the County of a decision and shall
seek Council's approval for decisions with financial implications in excess of the
Approval Authority of the Chief Administrative Officer under the County's by-law
Respecting the Procurement of Goods and Services, as amended from time to
time.
7.2 Nothing in this by-law shall prevent the Chief Administrative Officer from
bringing a report to Council to seek direction on any matter related to
indemnification under this by-law.
7.3 The County may refuse to indemnify an Eligible Person or his or her lawyer for
steps taken in a Legal Proceeding that are, in the sole discretion of the County,
deemed unnecessary, inadvisable, or otherwise prejudicial to the conduct of the
Legal Proceeding.
7.3.1 For clarity, "steps taken in a Legal Proceeding" in this section includes,
but is not limited to, counterclaims, crossclaims, third party claims,
settlement offers, demand letters, motions, applications, and alternative
dispute resolution.
7.3.2 An Eligible Person or his or her lawyer may seek the approval of the
County prior to taking discretionary steps in a Legal Proceeding by
making a request in writing to the Chief Administrative Officer. Such
request must:
7.3.2.1 be provided with reasonable notice;
7.3.2.2 state the potential benefit of said step; and
7.3.2.3 estimate the cost to the County of said step.
Page 256 of 347
Upon receipt of such a request, the Chief Administrative Officer shall
either:
7.3.2.4 approve or deny the request; or
7.3.2.5 determine a decision -making process that must be followed
to approve or deny the request, which may include
presenting the issue to Council or seeking a further legal
opinion.
The Chief Administrative Officer shall convey their decision to the
Eligible Person or their lawyer in writing within ten (10) days of the
receipt of the request, having regard to any urgency associated with
the request. The Chief Administrative Officer shall, in the event that
further steps must be taken:
7.3.2.6 communicate the decision -making process to be followed;
7.3.2.7 list the reasonable steps that the County will take to ensure
that the rights of the Eligible Person are not prejudiced by the
decision -making process, and
7.3.2.8 provide a timeline for the final determination of the request.
7.4 Notwithstanding any other provision of this By -Law, Council may, at any time:
7.4.1 determine that a person is ineligible for indemnification under this by-
law; or
7.4.2 set a cap on the indemnification to be provided under this by-law.
8. APPLICATION FOR INDEMNIFICATION AND DUTY TO CO-OPERATE
8.1 Where an Eligible Person is served with any process issued out of or authorized
by any court, administrative tribunal or other administrative, investigative or
quasi-judicial body, other than a subpoena, in connection with any Legal
Proceeding the person shall forthwith deliver the process or a copy thereof to
the Chief Administrative Officer.
8.2 An Eligible Person involved in any Legal Proceeding shall co-operate fully with
the County, the Chief Administrative Officer and any lawyer retained by the
County to defend such Legal Proceeding, shall make available to the Chief
Administrative Officer or such lawyer all information and documentation relevant
to the matter as are within his or her knowledge, possession or control, and
shall attend at all proceedings when requested to do so by the Chief
Administrative Officer or such lawyer.
8.3 Notwithstanding any other provision of this by-law to the contrary, if a person
fails or refuses to comply with the provisions of this by-law, the County shall not
be liable to assume or pay any of the costs, damages, expenses or sums arising
from the Legal Proceeding and shall not be subject to the obligations of this by-
law.
9. REIMBURSEMENT
9.1 Where an Eligible Person is indemnified pursuant to the provisions of this by-
law, the amount of the indemnity shall be reduced by the amount of any costs
recovered by the Eligible Person and, where the indemnity has been paid, any
costs recovered by the Eligible Person shall be paid or assigned to the County
up to the amount of the indemnity.
10.APPEALS
10.1 Where an Eligible Person seeks to appeal a judgment in a Legal Proceeding
and wishes the County to indemnify the costs of that appeal, the County shall
have the sole discretion to determine whether that appeal should be pursued
and to what extent the costs of the appeal will be indemnified.
10.2 If an Individual pursues an appeal without representation by the County and is
successful in that appeal:
10.2.1 the County shall have the sole discretion to determine whether the
Individual shall be retroactively indemnified for his or her legal fees;
10.2.2 the County shall have the right to recoup legal fees paid in any costs
awards for indemnified Legal Proceedings that were appealed; and
10.2.3 the County shall have the right to recoup any costs awards for legal fees
in indemnified proceedings awarded by the body hearing the appeal.
Page 257 of 347
11. EXCEPTION: DUTY TO THIRD PARTY UNDER SHARED SERVICES
AGREEMENT
11.1 In the event that a proceeding arises against an Eligible Person:
11.1.1 concerning an action or omission that occurred in the course of the
Eligible Person's work for a third party under a shared services
agreement; and
11.1.2 a term, condition, or limitation of this by-law, including conditions
expressed at Section 6.5 and 8 herein, would violate the confidentiality
conditions of the work for the third party, including but not limited to
conditions of the shared services agreement; any professional obligation
of the Eligible Person to the third party imposed by a regulatory body; or
the Solicitor -Client privilege of the third party; then,
the term, condition, or limitation that would constitute or impose a violation is of
no force and effect and:
11.1.3 The Chief Administrative Officer of the County or their delegate shall, in
consultation with the Eligible Person, the third party, and, as applicable,
the legal counsel for the County, the Eligible Person, and/or the third
party, propose alternate terms, conditions, or limitations that conform with
the stated intent of this by-law as well as the intent(s) of the void terms,
conditions, or limitations; and
11.1.3.1 Said alternate terms, conditions, or limitations shall be
presented to Council for approval prior to any disbursement of
an indemnification.
11.2 The County may, pursuant to s. 279 of the Municipal Act, exchange with other
municipalities in Ontario reciprocal contracts of indemnity or inter -insurance. In
the event that such a reciprocal contract contains provisions that indemnify an
Eligible Person under this by-law, the terms of that reciprocal contract supersede
those of this by-law to the extent that a conflict exists.
12. SEVERABILITY
12.1 If any sections, section or part of a section of this by-law are found by any Court
to be illegal or beyond the power of Council to enact, such sections or section or
part of a section shall be deemed to be severable and all other sections or parts
of sections of this by-law shall be deemed to separate and independent and shall
continue in full force and effect.
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CAO Warden
Page 258 of 347
OF
4PHOSPICEELGIP
January 3, 2024
Warden Ed Ketchabaw and Members
Elgin County Council
450 Sunset Drive
St. Thomas, ON N5R 5V1
Attention: Blaine Parkin, Chief Administrative Officer/Clerk (CAO)
C/C: Don Shropshire, former CAO
Dear Warden Ketchabaw and Members of Elgin County Council,
The Hospice of Elgin project has a few important updates to share with you. We believe these
updates are significant and would be beneficial to Elgin County Council at this time.
The first update is that we have completed our tender process. Construction is imminent but
securing the remaining financial support for this project is critical to get the shovels in the ground.
Leaders, business, and residents across our community have stepped up with incredible
generosity and support, helping us reach 79% of the goal. Our remaining goal is still significant
and additional support is critical to the advancement of the project.
The second update is that the City of St. Thomas Council made a new financial commitment of
$600,000 to the Hospice project on December 4, 2023. As you may recall, the City of St. Thomas
donated the land for the Hospice, and now has made a second gift to help with capital
construction costs. Asa partner in much of your work, we thought it was important that you were
aware of their leadership and support.
We would also like to acknowledge that there has been confusion in our community about health
carespending dollars and who's accountable. We understand that many Municipal governments
struggle with allocating dollars to health care projects, as they are identified as non -core
Hospice of Elgin
613 Talbot Street, Unit 102, St. Thomas, ON N5P 1 C6
p:519. 1.7495 el o�ce.com
table Chari@ �kry �'9'16 RR0001
priorities. We would like to note that comparable health care projects have received funding
from Elgin County and the City of St. Thomas, even though this is seen as the Provinces'
responsibility. Obviously, these are gaps in the healthcare funding model. Hospices continue to
fight for funding equity. It takes the leadership, voice, and funding from Municipal governments
to make projects, such as Hospice, a reality for our citizens. In Ontario, hospices receive
approximately 10% of funding for capital projects from the Ministry of Health. In comparison,
hospitals receive much more in capital specific funding - often in the range of 90%.
This project will impact us all.
Thank you for your continued leadership and care for our community.
Wishing you a great 2024 year ahead -
Laura Sherwood
Interim Executive Director
Hospice of Elgin
Hospice of Elgin
613 Talbot Street, Unit 102, St. Thomas, ON N5P 1 C6
p:519. 1.7495 el o�ce.com
table ChariPAW �'9'16 RR0001
Elgin County Town Crier's Report to Elgin County Council 2023
June 9t", 2023 —International day of the Shriners at CASSO Station, St. Thomas
June 9t", 2023 - 150t" Anniversary of Grand Truck through St Thomas
20 Beach St., Aylmer- 1 pm — Made the cover of Boomer Magazine
June 10t", 2023 - Rosy Rhubarb - Shedden
July 1 st, 2023 - Canada Day — Port Burwell — 12 noon
July 1 st, 2023 - Canada Day — Dutton - 5pm
Sept. 15t", 2023 — 31 st Combat Engineers meet and greet (Old Elgin's) - 5-8 pm
Town Crier Dave was once a member of the Old Elgin Band for many years.
Nov. 5t", 2023 - Remembrance Day - Shedden
Nov. 10t", 2023 — Remembrance Day — Dutton
Dec. 9t", 2023 — Dutton Christmas Parade
Back ground information: Town Crier David Phillips had a difficult start to 2023.
Severe health problems culminated in surgery late May to remove one of his
kidneys. Dave has recovered well. He even cried for the grand opening of Rosy
Rhubarb. He was determined not to miss Rosy Rhubarb since he has been there
every year since the beginning. With the help of some dignitaries ready to
support him should the need arise, he did his cry and then Jenny drove him back
home to rest. Dave is back working and got an all clear to resume his passion of
promoting Elgin and the municipality of Dutton Dunwich, our home.
A reminder to both the county and the municipalities, Town Criers need to be
requested to cry at events and formal functions throughout the county. So if there
are fund raisers, special events, honorary guests, special awards and banquets
taking place, please don't hesitate to contact Jenny Phillips by emailing
1.2.i IIIY.P.Lii„II,II„ii„E „ olldeii�.ii�e�. Jenny will book the time and place on Dave's calendar
and gather information to write his cry.
Dave is a Life Time member of the Ontario Guild of Town Criers and has
participated in Provincial, Canadian, US and World competitions. He is also part
of a world Facebook site where International Criers showcase their communities,
1
Page 261 of 347
share news and interests. Dave hosted an Ontario Town Criers' Competition and
asked Warden John Wilson to be a guest judge. John enjoyed the event which
was held in Dutton, the Dairy Museum south of Aylmer and the St. Thomas
Seniors' Centre. The whole experience prompted John to approach Elgin County
Council to appoint Dave as Town Crier. John also stipulated that the Crier
receive an annual honorarium to help defray his transportation expenses and to
keep his uniform in good repair.
Dave met Lord Elgin when the Honorary Commander in Chief of the Elgin
Regiment was here to inspect his troops. Lord Elgin was so pleased to see Dave
attired in Lord Elgin's colours. He stated that modern young Scots sadly don't
show the tartan very much anymore. The two men enjoyed a lovely visit and
posed for a photo. Dave presents an annual award to the Air Cadets that meet at
the Elgin Armories. There Dave met Lord Bruce, the son of Lord Elgin. He told
Dave how much Lord Elgin enjoyed seeing his tartan recognized and enjoyed
throughout the county and beyond. It gives him great pleasure.
David loves what he does promoting his home communities and looks forward to
continuing in this capacity for as long as he is able.
Press
Photograph published in the St. Thomas Times -Journal, April 16, 2002, with the
following caption: "Town Crier Dave Phillips reads the original proclamation from
1852 at the beginning of the 150th anniversary of the first meeting of Elgin County
Council with Elgin Warden John R. Wilson standing in the background". Photograph
is from the County of Elgin Sesquicentennial fonds.
It would take several pages to show all the photos and articles about Elgin and
Dutton's Town Crier. All the photos, articles etc. are being donated to the Elgin
county Archives.
Jenny Phillips
On behalf of
Elgin County Town Crier
David Phillips
2
Page 262 of 347
World Competition in Markham, ON
Page 263 of 347
Page 264 of 347
NOTICE OF COMPLETION
Highway 401 and Highway 4 (Colonel Talbot Road) Interchange Reconfiguration &
Highway 4 (Colonel Talbot Road) and Glanworth Drive Bridge Replacements
(GWP 3030-11-00)
The Ministry of Transportation, Ontario (MTO) retained Green Infrastructure Partners (GIP)
Paving Inc. and Dillon Consulting Limited (Dillon) to complete the Design -Build Contract
2022 — 3008, which includes the Class Environmental Assessment (EA), Detailed Design and
construction of the Highway 401 and Highway 4 (Colonel Talbot Road) Interchange
Reconfiguration and Highway 4 (Colonel Talbot Road) and Glanworth Drive Bridge
Replacements in the City of London, as shown on the figure below. Additional information is
available on the projectwebsite: www.Hwy40lColTalbot.com.
k
r
0.
CRTRtV
'" G
" GLANUVC7RTH DRIVE BR
C7
yCi HIGHWAY 401 AND
`._...:_..._.__ .. _ HIGHWAY 4
PRt EGT STUDY AREA '' (+COLONIEL TALBOT ROAD)
_..._. _...___ _..._.... ► INTERCHANGE
�`..00._
0 373 750 1,500 Mietm s
This project has been completed in accordance with the MTO Class Environmental
Assessment (EA) for Provincial Transportation Facilities (2000) as a Group `B' undertaking.
Group `B' projects are considered major improvements to existing transportation facilities.
This project builds upon the approved Preliminary Design as documented in the
Transportation Environmental Study Report Addendum (2018). It is anticipated that
construction will begin in 2024.
In accordance with the MTO Class EA, a Design and Construction Report (DCR) has been
prepared to document the study including environmental impacts and mitigation measures
required for construction. The DCR will be made available for a 30-day comment period from
December 13, 2023, to January 15, 2024, on the project website
www.Hwy401 ColTalbot.com. The DCR is also available for public review at the following
locations:
London Public Library
Lambeth Branch
7112 Beattie Street
London, Ontario
Tel: 519-652-2951
City of London
Clerk's Office
300 Dufferin Avenue
London, Ontario
Tel: 519-661-2500
London Public Library
Glanworth Branch
2950 Glanworth Drive
London, Ontario
Tel: 519-681-6797
Ministry of Transportation
West Region
659 Exeter Road, Lobby
London, Ontario
Tel: 519-873-4100
Ministry of the Environment,
Conservation and Parks
London Regional Office
733 Exeter Road
London, Ontario
Tel: 519-873-5000
We encourage interested parties to review the DCR and provide any comments to the project
team by January 15, 2024, by contacting one of the project team members listed below.
Jeff Matthews, P. Eng.
Project Manager
Dillon Consulting Limited
Tel: 519-438-1288 Ext. 1275
Email: Hwy401 ColTalbot@dillon.ca
Eric Huey
Project Manager
Ministry of Transportation, Ontario
Tel: 548-388-3150
Email: Eric.Huey@ontario.ca
Section 16 Order (Aboriginal and Treaty Rights)
Outstanding concerns are to be directed to the proponents listed above fora response, unless
the outstanding concerns are regarding potential adverse impacts to constitutionally
protected Aboriginal and treaty rights, in which case Section 16 Order requests on these
matters should be addressed in writing or by email to the following contacts, and copied to
the project team members listed above, no later than January 15, 2024.
Minister of the Environment,
Conservation and Parks
Ministry of the Environment, Conservation
and Parks
777 Bay Street, 5th Floor
Toronto, Ontario, M7A 2J3
Email: Minister. MECP(c-)-ontario.ca
Director, Environmental Assessment
Branch
Ministry of the Environment, Conservation
and Parks
135 St. Clair Ave W, 1 st Floor
Toronto, Ontario, M4V 1 P5
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Des renseignements sontdisponibles en frangais en composant Syd ney Tasfi, 519-438-1288
Ext. 1004.
1311,1A3N
(,�r ,r' 4Ar°N<•
P rplOM11 ph
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Elgin School Nutritton Network
304 * NSR 4PQ '* 519-207-1040
Deconibeir 2023
Dear Elgin County Council,
Ovor the last fivir d madcs', fyfi I (VII C
jjjjujj�ujty In/jtjjjtjV0S haS� beejl de(jjCraj e(
J to serving the
needs of its loval cornraurrity, whether it was grolecrics, baby formala, clothing or transportatimi,
and in I 999'ehose to Pat its Primaly lrbicus on Student nuiritim across Elgin -St -Thomas under the
1,�,AT2 LI ARN program, The: work hms burn incre(rilibly, rewarding lbr the inany Board Members
who have served over rhis time, al W now with the retirement of our Community Coordinator/
Liaison this month, our Board Members, have deci&M the ti me has come to pass the torch.
We Are extremely Prood (,')f All that we have amour list in thews , glorious years and could not be
moru (I'mralit'61 to (hose who fjaVC he IiCVC(l jyj ()Ur ruiSSion arul invested in the wcIl-beirtg of
childmi and youth if) OUr COMMAMity. It has been flAl absolute pleasure 'WrV1119 On]' CUIRIMU'llity
and pmviding mipport to local schools in their offorts W, CTIMA-c childron and youth in the Flgbi-St,
'Ehomas am, a have the opportimity to a1lend school well-nourishcd and ready to Icarn, The
support we, 1mve mceived from various organiz-atiorts, businesses, local goveritnicats and,
individual donors has far excefeded oui.- expectatirum and has madea, significant differel"we to file
qp ali ty of the student unit' ition progranis ire ou r khoo Is and we co u Id not be creams gratefu L It
dries take a village to, raise at child aad we appreciate you ltavJng bmn a part of our village.
Our organization will wind, up its operations over the nextfihw wceks, and rest assure that all
Shouklyottwish
to cuntinue to support student nutritiou prorams in this conununity, Lamm, furs is 'tire new
Community Coordimitor uritler the auqpices of the VON'Wiadsor Emx / Ontorio Student
Nutrition Pro gram, Sou,thwQst Region and ho, conlact, information, can be accessed at
YEW—W-011 �), W
Once a gain, 1TIAN K Y01J for helping to make a diffiarence and we wish you a wotWetful
lialiday seasormith all thejoy and exciteinent that a new year brings.
Sincorely,
Paula Vereecken ("harlotte McDonald
President Community Coordinatoi- / Unison
Wy1mmy Conmtwfi�y Inilleitives, EAT2LEAM E4T2 LEARN
,P 0, Box 95 204 Fiosi.A veoz ue, Box 22 009
Pore Butwell, 0110rio llval.i Yv St. Yhoomm, Onlarib� N5R 6A 1
. THOMAS • ELGIN
emigration Partnership
grant Survey
Report
2023
yllio
IIIII ii'trod LlGtii it
In June 2023, STELIP facilitated a survey to understand the experiences, challenges, and recommendations of
immigrants in the St. Thomas -Elgin area. This was the first year STELIP conducted the survey, and to our
knowledge, the first time a dedicated survey about immigrant experiences in St. Thomas -Elgin has been
undertaken.
The survey was open to any immigrant (age 16+) who lived, worked, or studied in St. Thomas or Elgin County
at the time of the survey. For the purposes of the survey, "immigrant" was defined broadly as anyone who
was born outside of Canada.
The St. Thomas -Elgin area, as it is referred to in this report, encompasses all seven municipalities of Elgin
County (Bayham, Aylmer, Malahide, Central Elgin, Southwold, Dutton-Dunwich, West Elgin) as well as the City
of St. Thomas.
Data from the 2021 Canadian census is included throughout this report for comparison purposes. All census
data is for the Elgin County Census Division, which likewise includes St. Thomas and all of Elgin County.
A total of 99 immigrants participated in the survey. Of this total, 68 completed the full-length survey, and an
additional 31 completed a shorter version in English, Spanish, or Ukrainian. Most questions were optional, so
not all participants answered every question. The number of respondents for each individual question is
listed in the footnotes.
While the survey sample size is not large enough to be a statistically significant representation of all
immigrants in St. Thomas -Elgin, the results still provide important insight into the perspectives and
experiences of those immigrants who participated in the survey.
The following survey findings can be used to start to build an understanding of immigrant experiences in St.
Thomas and Elgin County.
Pa....... 11.4.7.......................................................................................................................................................................................
9 26b of
IIIII'IIIIIIIIIIIII; mlt"i� Ve SLVMimary
• A total of 99 immigrants completed the survey (68 completing the full-length survey and 31
completing the shorter survey). The respondents represented most major categories of immigration,
including permanent and temporary residents and Canadian citizens. However, refugees were
underrepresented in the survey respondents compared to census data; notably there were no
privately -sponsored refugee respondents.
• Nearly half of the respondents had been in Canada for 5 years or less (46%), while over a third (37%)
had lived in Canada for over 10 years.
• While survey respondents represented both St. Thomas and most of the rural municipalities, a large
majority of respondents were from St. Thomas (77%), with no respondents from the west Elgin
region (municipalities of Dutton-Dunwich and West Elgin).
• The survey respondents were diverse, representing many different racial and language groups. Of the
respondents, 71% were racialized, meaning they identified with a race/population group other than
white (most common: Black (26%), South Asian (19%), Filipino (10%)). Racialized respondents were
overrepresented compared to the proportion of immigrants who are racialized according to 2021
census data for St. Thomas and Elgin County. Respondents spoke 25 different languages, with 61%
indicating their first language was something other than English. Common first languages spoken
included: English (39%), Spanish (7%), Ukrainian (7%), Gujarati (6%) and Tagalog (6%). Two-thirds of
the respondents indicated that they spoke English well or very well.
• Respondents had a high level of participation in the workforce, with 85% employed and 12% looking
for work.
• Respondents were highly educated, with 82% having a college or university degree, compared to 47%
of the overall population who have some kind of postsecondary certificate, diploma or degree.
• Despite most respondents being employed and highly educated, 26% indicated that their job did not
match their skills.
• While the majority of respondents indicated that they had sufficient income to cover their needs
(54%) and suitable and affordable housing (83%), a sizable minority of respondents did not have
enough income to cover their needs (43% not quite enough, 4% definitely not enough) or suitable
and affordable housing (17%). Racialized respondents had higher percentages of insufficient income
and housing compared to all survey respondents.
• A third of respondents (34%) indicated they had experienced cost of living or money problems, while
21% indicated they had difficulty finding affordable housing.
Pa....... 11.4.7.......................................................................................................................................................................................
9 276 of
• Nearly all the respondents (95%) used at least one of the following service categories: health, mental
health, recreation services, police, employment and/or skills training, education,
settlement/immigration services, language interpretation/translation, English language learning,
French language learning, local municipal government/bylaw, transportation services, housing, small
business/entrepreneurial supports, legal/courts, and childcare.
• The services with the highest positive ratings were language interpretation/translation (89% of users
rated positively), local municipal government/bylaw (84% of users rated positively), and police (84%
users rated positively). The services with the highest negative ratings were transportation (76% of
users rated negatively) and childcare (44% of users rated negatively).
• When asked about challenges, 28% of respondents reported challenges finding healthcare, 24%
reported challenges accessing transportation, and 20% reported challenges finding childcare.
• Half (50%) of the respondents reported that they chose to settle in St. Thomas -Elgin because of
affordability. Additionally, 40% reported having family or friends in St. Thomas -Elgin as a reason for
settling here.
• Many respondents reported contributing to their community in various ways including helping their
neighbours (45%), improving the natural environment like recycling or picking up garbage (39%), and
contributing to the local economy through their job (38%).
• While 64% of respondents felt that St. Thomas -Elgin was quite welcoming, an additional 26% felt it
was somewhat welcoming, and 10% felt it was not welcoming. Respondents who immigrated under a
family category were more likely to feel St. Thomas -Elgin was quite welcoming, while respondents
who immigrated under economic categories were less likely to feel St. Thomas -Elgin was quite
welcoming. Racialized respondents and respondents that had experienced discrimination were also
less likely to feel that St. Thomas -Elgin was quite welcoming.
• Three-quarters (75%) of respondents reported a strong sense of belonging, with the additional 25%
reporting a weak sense of belong.
• About a fifth (22%) of respondents felt isolated, with an additional 20% feeling somewhat isolated.
• Over a third (39%) of respondents had experienced discrimination over the previous 12 months.
• Nearly half of the survey respondents (49%) provided a reason for being discriminated against, the
most common of which were race or skin colour (41%), immigration status (39%), and accent (31%).
Pa....... 31 of 11.4.7.......................................................................................................................................................................................
9 27
Note that these reasons did not necessarily have to be connected to an instance of discrimination
that occurred in the past 12 months.
• For the respondents, discrimination was most likely to have taken place at their job (47%).
Three-quarters (75%) of respondents reported an overall positive experience settling in St. Thomas -
Elgin, while 20% reported an overall neutral settlement experience, and 5% reported a negative
settlement experience.
• The respondents reported facing a variety of challenge. When asked to indicate the biggest
challenges they faced, the most common answers were were cost of living or money problems (34%),
finding healthcare (28%), finding work (24%), transportation (24%), and finding affordable housing
(21%).
• When asked to select three changes that would help immigrants reach their full potential in St.
Thomas -Elgin, the most commonly selected were more affordable housing (39% of respondents
selected), better programs for immigrants to find work (36%), and education for employers on the
value of hiring immigrants (29%). Additionally, 33% of respondents selected "other", giving responses
including better availability of interpretation and translation services, English language learning
opportunities in the workplace, and better opportunities for involvement in community leadership
and planning.
Pa....... 11.4.7.......................................................................................................................................................................................
9 2A of
Cantents
Introduction..........................................................................................................................................................1
ExecutiveSummary...............................................................................................................................................2
Educationand Employment..............................................................................................................................2
Incomeand Housing.........................................................................................................................................2
ServiceUse........................................................................................................................................................3
Connection and Integration..............................................................................................................................3
Sense of Belonging, Isolation and Discrimination.............................................................................................3
Challenges.........................................................................................................................................................4
Solutionsto Challenges.....................................................................................................................................4
SurveyFindings and Analysis................................................................................................................................7
Immigration Characteristics..............................................................................................................................7
Immigration Category or Status....................................................................................................................7
TimeSpent in Canada...................................................................................................................................8
DemographicInformation.................................................................................................................................9
Current Location of Residence......................................................................................................................9
Age..............................................................................................................................................................10
Genderand Sexuality..................................................................................................................................11
RacialIdentity..............................................................................................................................................11
FaithCommunity.........................................................................................................................................12
DisabilityStatus...........................................................................................................................................13
Language.........................................................................................................................................................14
Education........................................................................................................................................................16
Employmentand Income................................................................................................................................17
Housing...........................................................................................................................................................19
ServiceUse......................................................................................................................................................20
Community Connection and Integration........................................................................................................22
Perception of Community Welcoming........................................................................................................25
Senseof Belonging......................................................................................................................................26
Isolation.......................................................................................................................................................27
Discrimination.............................................................................................................................................28
Pa....... 11.4.7.......................................................................................................................................................................................
9 2A of
SettlementExperiences..................................................................................................................................31
Challenges and Suggested Changes................................................................................................................32
Methodology.......................................................................................................................................................35
Survey Timing and Participant Recruitment...................................................................................................35
DataCollection Tool........................................................................................................................................35
Analysis...........................................................................................................................................................36
Limitations.......................................................................................................................................................37
Howthe Results will be Used..........................................................................................................................37
Appendix................................................................................................................................................................ i
Longand Short Survey.......................................................................................................................................i
PagL6
274 of47
SL,frvey ll liiii Illli liiii Illli s and Ilia IIIII s liiiis
ulrm uulrm uliii ulraf9iii ulrCategairy air Status
The survey respondents represented a range of immigration categories or statuses, including temporary and
permanent residents and Canadian citizens.' The large proportion of family category immigrants follows
trends for the region (Table 1). Refugees (including government -assisted, privately sponsored, and refugee
claimants) were particularly underrepresented in the survey respondents compared to the proportion of
immigrants in St. Thomas -Elgin who are refugees according to 2021 census data (Table 1).
Table 1 - Irnrnigratiorn Category or Status of Participant
IIIIIIIIII
IIII
I immigrated to Canada as a family -category immigrant
(sponsored spouse, sponsored parent or grandparent, or
44%
45.4%
other immigrant sponsored by family)
I immigrated to Canada as an economic -category
immigrant (e.g., Federal Skilled Worker Program, Provincial
Nominee Program, Canadian Experience Class, and
20%
34.7%
dependants of economic applicants)
I am currently in Canada as an international student
9%
2.7%
1 am currently in Canada on a temporary work visa
5%
11.7%
1 am currently in Canada on a CUAET (Canada -Ukraine
5%
N/A
Authorization for Emergency Travel) visa
I immigrated to Canada as a government -assisted refugee
5%
17.8%
I immigrated to Canada as a privately sponsored refugee
0%
I am currently in Canada as a refugee claimant
2%
1 immigrated to Canada as a refugee claimant and am now
6.2%
a permanent resident or citizen
0o �
Other (please specify)'
7%
-
Source: STELIP Immigrant Survey 2023, n=99; 2021 Census
' Q1 - Which of the following best describes you? (n=99)
z Other responses included: I am a protected person; I immigrated on a work permit and am now a permanent resident;
I am currently in Canada as a family member of an international student; I came as a visitor and married a Canadian; and
I was born Canadian abroad.
Pa....... ........................................................................................................................................................................................
9 27� of',6.
Understanding the immigration category or status of the respondents can give important insight into social
connections, education and/or skill level, and other characteristics and experiences of some immigrants living
in our communities.
u`!']uiirnie SIpeiirrt iin Cainada
Almost half the survey respondents (46%) were recent immigrants, having arrived in Canada in the last 5
years (Table 2).' Although St. Thomas -Elgin has seen an increase in the numbers of recent immigrants settling
in the area over the past decade, a large proportion of immigrants living in St. Thomas -Elgin settled before
2010 (84.8%) according to the 2021 census.4 This group was underrepresented in the Immigrant Survey,
possibly because some older immigrants, particularly those who arrived decades ago, may no longer identify
with the term "immigrant". There may also be an erroneous perception that "immigrant" is synonymous with
a racialized persons, whereas most of the immigrants in St. Thomas -Elgin are of white, European origin (e.g.,
British, Dutch, Low German Speaking Mennonite).6 Possibly some of these immigrants did not feel the survey
pertained to them, even though they were eligible to complete the survey, and their experiences make up a
large part of immigrant experiences in the region.
Table 2 - Time Spent Living in Canada
Source: STELIP Immigrant Survey 2023, n=99
Nonetheless, the experiences and perceptions of recent immigrants are extremely important, particularly in
understanding how newcomers access information, navigate social systems, and overall integrate into St.
Thomas -Elgin. This understanding can be used to shape services that meet newcomers' needs, which is
crucial since they often have specific and greater needs (e.g., employment support, access to English
language learning etc.).'
s Q2 - How long have you been living in Canada? (n=99)
4 Statistics Canada, "Census Profile. 2021 Census,' (2023), Statistics Canada Catalogue no. 98-31642021001,
::..?.a.../:�.stat��.:..=.E/..:.:..::..i.
s For more discussion about immigrant identity and racialization in Canada, see Sara Shahsiah, "Identity, identification
and racialisation: Immigrant youth in the Canadian context," (2006),
I�dd s. isle i�:.lil�ia i .dc�ic�i�dc�i u.�. i..�i l�:s dl��:sis I�i�:i�dFd identification and i�aacialisatioi� irni�i ran c�u.�dl� ii1 the C;
..............//......................................................................Y................................................................................/........................................./..................................../......................................................................................................................................................................................................................................................................g...............................y.....................................................................................
a.i „adi;a„ii _�o„i i t „y< /„„4 9 9 9„ and Government of Canada, "Cultural Diversity in Canada: The Social Construction of Racial
Difference" 2022 Ind d �s. ududud.'u.�sd i� .. �: i� �i. �s' s' 's� s'f)? 3 i'f)? 3 d rv� d�ii.l�d il.
( ),.................I..............11.................................a...........................................................................Im/......a..........I........./............a...........a........a.......I...............I.a.....1......I.............................................................................1...........................................................................
6 Statistics Canada, "Census Profile. 2021 Census,' (2023), Statistics Canada Catalogue no. 98-31642021001,
::..?.a.../:�.stat��=E/..:.:..::..i...
' Victoria M. Esses, Leah K. Hamilton, Awish Aslam, and Priscila Ribeiro Prado Barros, "Measuring Welcoming
Communities: A Toolkit for Communities and Those Who Support Them." (2023), Pathways to Prosperity,
Ind d : ? � i� �i .� u� � c�i�d�: i�d I�Ic� s.�iii '. il�: s ?f)? C� VOd�: l r�i ii� Tc��c� 1ki-1-I'�easu rill VOd�: l r�i ill
I........./.../.a.............1............................................................./...........a..................................................../...................g......................../................................../............................./................./......................................................... E............................................................................................................g.............................................................g.....
L.! .i 1:11 i.i ti..e S..L.1 ?. i
Pa....... 11.4.7.......................................................................................................................................................................................
9 A of
St. Thomas -Elgin also sees a sizeable amount of secondary migration, where immigrants move to the area
after first settling in another community, potentially from a larger urban area like the GTA (Greater Toronto
Area).' This can result in additional challenges since St. Thomas-Elgin's smaller population and large
geographic area means that there may be fewer resources available than in urban areas with high
proportions of immigrants, and the available resources can be geographically distant or even inaccessible to
newcomers, particularly any newcomers settled in the rural municipalities.
iunirounf Illlocafibin of IIII'° osliii ouno
While survey respondents represented both St. Thomas and most of the rural municipalities, a large majority
of respondents were from St. Thomas (77%), with no respondents from the west Elgin region (municipalities
of Dutton-Dunwich and West Elgin).9 Immigrants from the east Elgin region were particularly
underrepresented in the respondents, comprising 38% of St. Thomas-Elgin's immigrant population but only
11% of survey respondents (Tale 3)
This is likely because many of east Elgin's immigrants are Low German -Speaking Mennonites, who often face
a variety of communication barriers and, culturally, are hesitant to take part in research projects. '0"
' Statistics Canada, "Target group profile of the population by immigration and citizenship status, Census 2021," (2023),
Community Data Program, Accessed September 8. 8% of immigrants in Elgin Census Division (St. Thomas -Elgin area)
were "migrants" over the past year, and 34% were migrants over the past 5 years, meaning they had moved to a
different city, town, township, village etc. Although this figure includes both migrants who moved within St. Thomas -
Elgin, and immigrants who migrated directly from their country of origin to St. Thomas -Elgin, it also includes secondary
migrants, who came to St. Thomas -Elgin after living in another Canadian community. Of the 1-year migrants, 85% moved
within Canada, and the remaining 15% came from outside of Canada. Similarly, for 5-year migrants, 86% moved within
Canada and 14% from another country. Anecdotal evidence from local settlement agencies suggests that many
immigrants in St. Thomas -Elgin first settled in the Greater Toronto Area.
9 Q3 - Where do you live? (n=92)
to Low German Speaking (LGS) Mennonites are an ethnoreligious group that share both a common religious background
and ethnic origin, originating in Western Europe during the Protestant Reformation (1500s) and undertaking various
mass migrations throughout the centuries. Since the 1950s, LGS Mennonites have been moving to southern Ontario
from Mexico, and to a lesser extent, from other Central and South American countries. This marks a return to Canada,
since their ancestors left Western Canada for Mexico in the 1920s.
11 Rob Haile and Linda Funk, "Improving Accessibility of Health and Social Services for Low German Speaking
Mennonites,'(2019), Southwestern PublicHealth,.I::.I.a,,,.,/,/ud,ud,,,a-udaa1,„,a„„�,I,,,,a„/;.I].Z.i„�„„p.2.i,�a,,,�„i�......
a��ia�ia/i� ac�u:�i� a/1wlu.��iriiai��i,itu.�tir„inl Assess me /ICI I':.Ii��ir�wil A�'..a il�ilitY...::r� f 10eII�i2d.:.oil S e wie a
5r0i� I G S Me21..o2it.��a--:.0 909.I��i
Pa....... 11.4.7.......................................................................................................................................................................................
9 27� of
Table 3 - Location of Residence
Source: STELIP Immigrant Survey 2023, n=92; 2021 Census
Age
The survey was open to immigrants over the age of 16 who lived or worked in St. Thomas -Elgin. The majority
(75%) of survey respondents were in the 25-44 age range (Table 4).14 The age distribution of the survey
respondents more closely matches the age distribution of recent immigrants (arrived in Canada in the last 5
years) than it does the age distribution of all immigrants in St. Thomas -Elgin. This is expected considering the
high proportion of recent immigrants who responded to this survey. Immigrants aged 65 or older were
particularly underrepresented in our survey, comprising over a third of St. Thomas-Elgin's immigrant
population, but only making up 2% of survey respondents.
Table 4 - Participant and Immigrant Population Age
Source: STELIP Immigrant Survey 2023, n=60; 2021 Census
12 The east Elgin region includes the Municipality of Bayham, the Town of Aylmer, and the Township of Malahide. The
central Elgin region includes the Municipality of Central Elgin and the Township of Southwold. St. Thomas Region
includes the City of St. Thomas. The west Elgin region includes the Municipality of Dutton-Dunwich and the Municipality
of West Elgin.
" "Recent immigrant" is defined as having lived in Canada for 5 years or less.
14 Q27 - What is your age? (full survey only, n=60)
is The age range for the two columns based on 2021 Census data is 15-19, since this is what is reported on the census.
Pa....... 11 4.7.......................................................................................................................................................................................
9 A of
Understanding the age of the respondents can give important insight into the settlement and integration
experience. Age can affect various aspects of the integration progress including ability to access community
supports and develop social connections. Older adults are more likely to have disabilities and/or to face
barriers to mobility, maintaining social connections, and accessing resources."
Gender aind Sexudlhity
There was a fairly even split in the gender of survey respondents, with 47% identifying as male and 53% as
female. No respondents identified as non -binary, any additional gender, or selected prefer not to answer.18
Less than 5% of the participants identified as members of the LGBTQ+ community.19
f° . uu a uiafuirf
The survey results indicated 71% of the respondents were racialized, meaning they identified with a
race/population group other than white.20 The most common racialized identities were Black (26%), South
Asian (19%), and Filipino (10%). Another quarter of the respondents identified as White (26%). Racialized
respondents were overrepresented compared to the proportion of immigrants who are racialized according
to 2021 census data for St. Thomas and Elgin County (Table 5).
Table 5 - Facial We ntity
Source: STELIP Immigrant Survey 2023, n=58; 2021 Census
16 Federal Disability Report, (2011),.!2::.L'?.a....//.....::,!.:::..:::...:.:::./".!:./.:".."..L'?...:.Y..".:"..:.:.::.a.?"�..!.::..�..::.
asrn c a�iFty/ar�:/tederaI-re�ooi-Qf)'I.'I./,ectioi�'I I�trn1
17 Victoria M. Esses, Leah K. Hamilton, Awish Aslam, and Priscila Ribeiro Prado Barros, "Measuring Welcoming
Communities: A Toolkit for Communities and Those Who Support Them." (2023), Pathways to Prosperity,
i� �i .� u� � c�i�d�: i�d Illc� a.�iii '. il�: a ?f)? C� VOd�: l r�i ii� _Fbo1ki -1-I' easu rill VOd�: l r�i ill
I........./.../.a.............1............................................................./...........a..................................................../...................g......................../..................................�/............................./................./......................................................... E............................................................................................................g.............................................................g.....
C; .. .. .9:I..l i!.:tie. a..::.1 J..!:, 8.
18 Q30 - How would you describe your gender identity? (full survey only, n=58)
19 Q31- Do you identify as a member of the LGBTQ+ community? (lesbian, gay, bisexual, transgender,
queer/questioning) (full survey only, n=55)
21 Q28 - What would best describe you? (Select all that apply) (full survey only, n=58, with less than five selecting prefer
not to answer)
21 Other responses included: Arab, Latin American, Chinese, and West Asian.
Pa....... 11 4.7.......................................................................................................................................................................................
9 A of
St. Thomas -Elgin has a small, but growing, racialized population: 4.6% in 2021 (referred to as "visible
minority" on the census).22 In St. Thomas, the racialized population sat at 7.1% of the population in 2021, an
82% increase from 2016.23 The high proportion of racialized survey respondents reflects the most common
countries of origin both for recent immigrants in St. Thomas -Elgin and in Canada more generally.24
A small racialized population may mean that racialized individuals are more likely to feel isolated.25 Moreover,
a previous survey found that 68% of immigrants and racialized residents26 of St. Thomas -Elgin experienced
discrimination in the past three years, with the most common experience being discrimination on the basis of
race or skin colour.27
Research also shows that when someone from a dominant group (i.e., white) has positive individual
interactions with someone from an oppressed group (i.e., racialized), it can decrease their unconscious racial
bias.28 29 But with small numbers of racialized residents in St. Thomas -Elgin, there are fewer opportunities for
white residents to interact with someone who is racialized, likewise there are less opportunities to decrease
unconscious racial bias.
""°aliiiflllVm ui uui uuinii,t
Survey respondents were members of a variety of faith groups, with respondents indicating four different
faith communities (Christian, Muslim, Buddhist, Hindu), in addition to 17% not belonging to any faith
community (Table 6).30 Half of the respondents were Christians (53%), which is slightly less than the 60% of
St. Thomas -Elgin residents who reported having a Christian faith on the 2021 census.
22 Statistics Canada, "Census Profile. 2021 Census," (2023), Statistics Canada Catalogue no. 98-316-X2021001,
::..1.a...//. .:�.:.:.:.a.:ta.:tcai..:. .� /��:i�au.�a �: �:i�a�:i �:i��/ f) './�i� � �i/� icy/ii��i�:y<. i ?I... i� :.=.E.Thisnumberreflectsa65%
increase in racialized (visible minority) population from 2016.
23 Statistics Canada, "Census Profile. 2021 Census," (2023), Statistics Canada Catalogue no. 98-316-X2021001,
::..?.a.../:�.stat��=E/..:.:..::..i...
24 Statistics Canada, "Census Profile. 2021 Census," (2023), Statistics Canada Catalogue no. 98-316-X2021001,
� ::..I?.a...//. .:'12. a.:ta.:t�:�..i ..:1 .� /� �: i� au.� a �: �: i� a�: i �: i��/ f) './�i� � �i/� i c� /ii��i�: y<.� i ?I... i� :.=.E. The most common countries of
origin for recent immigrants in St. Thomas -Elgin were: Mexico, United States, India, Jamaica, United Kingdom and
Philippines. The most common countries of origin for recent immigrants in Canada were: India, Philippines, China, Syria,
Nigeria, and United States.
25 For more discussion about the intersections of isolation and racialized identities, see: Feng Hou, Christoph Schimmele
and Max Stick, "Changing demographics of racialized people in Canada," (2022), Statistics Canada,
1].j.�.I'?.a...//. .:'1.:.^0.: a.:tatc-l..i�.:..pc.c ji-'l./��u.�l 3(5-2.8,0 )f)'1 2.02:�C)f)3/;3i-..ti�:l�: /f)f)f)01-�:�i�p::..1�„�,i�„ and "A Portrait of Social Isolation
and Loneliness in Canada today;' (2019), Angus Reid Institute, ::..a...,(/, .i .,gnu,i5,r ,id, �i �/, .2.d,a„1l-,iscal,a„t,i,ca„i�-„ oi��;�1,i„i�,�,:,„a,a,,,-ca,1l,;�,�i,a,/.
26 Note that this statistic encompasses all immigrants, including white immigrants, in addition to all racialized residents,
both immigrants and non -immigrants.
27 Alina Sutter, "Discrimination Experienced by Immigrants, Visible Minorities, and Indigenous Peoples in St. Thomas -
Elgin County," (2021),.I2.t.........I......./ ./.a.�.'..li .............................................a...........1........20 31.
.......w�..l.�.�.a/.....f
...............
21 Victoria Esses and Charlie Carter, "Beyond the Big City: How Small Communities Across Canada Can Attract and Retain
Newcomers," (2019), http://p2pcanada.ca/wp-content/blogs.dir/1/files/2019/08/Beyond-The-Big-City-Report.pdf
29 Diana Burgess, Michelle Van Ryn, John Dovidio, and Somnath Saha. "Reducing racial bias among health care providers:
lessons from social -cognitive psychology." Journal of general internal medicine 22 (2007): 882-887.
so Q33 - If you are a member of a faith community, please share which one. (full survey only, n=47)
Pa....... 11 4.7.......................................................................................................................................................................................
9 246 of
Table 6 - Faith Community
Source: STELIP Immigrant Survey 2023, n=47
Understanding the various faith communities of immigrants in St. Thomas -Elgin can give insight into the
diversity of our region. Over the past five years, St. Thomas has seen both an Islamic Centre and a Hindu
Centre established in the community, which also reflects the increase in diversity of faiths in the area.31 Faith
can also be an important factor in an immigrant's sense of belonging and settlement experience. Many faith
communities offer opportunities for social connection and support that can enhance well-being and
belonging!
uu�t� " uu uirf Status
When asked about disability status, 16% of the survey participants indicated they are living with a physical or
mental disability or chronic illness that limits their activity.32 A disability can add additional barriers to
accessing necessary services and supports.16
31 See the St. Thomas Islamic Centre's website for more information about their establishment:
„ ,a..:.//. ti,alarn.i,c.�.�i."-..I`�:d.i:e,.c „(. There is also a Hindu Spiritual Centre, Shree Hari Har Mandir, located at 100 Redan Street in
St. Thomas.
32 Q32 - Are you living with a physical or mental disability of chronic illness that limits your activity? (full survey only,
n=56)
Pa....... 11 4.7.......................................................................................................................................................................................
9 24? of
The survey respondents spoke a variety of languages.33 Common first languages spoken included: English
(39%), Spanish (7%), Ukrainian (7%), Gujarati (6%) and Tagalog (6%), Malayalam (4%), and Tamil (4%). An
additional 29% indicated "Other" and inputted 18 additional languages (Table 7).34 A total of 25 languages
were reported as the first language spoken.
Table 7 - First Language Spoken
Source: STELIP Immigrant Survey 2023, n=72
Again, the most common first languages spoken reflect the most common countries of origin for recent
immigrants in St. Thomas -Elgin, particularly with a large number of languages spoken in India and South Asia
(Gujarati, Malayalam, Tamil).24 The wide variety of first languages is an indicator of the diversity of St.
Thomas-Elgin's immigrants, with small numbers of immigrants representing many different countries of origin
and languages spoken. This characteristic can make providing interpretation and translation services more
challenging, since it not necessarily effective to provide service in one or two key languages. It may even be
difficult to determine what a few "key languages" would be.
Low German (also known as Plautdietsch) is likely underrepresented in these results compared to the first
languages spoken by all immigrants in St. Thomas -Elgin, due to low numbers of Low German Speaking (LGS)
Mennonite survey respondents.35 LGS Mennonites make up a large part of St. Thomas-Elgin's immigrants.1131
When asked to rate their English language ability, 67% of survey respondents indicated they spoke English
33 Q4 - What is your first language? (Your first language is the language you first learned at home and still understand.)
(full survey and translated short survey only, n=72)
34 Other languages included: Arabic, Bengali, French, German, Indonesian, Italian, Khmer, Low German (Plautdietsch),
Mandarin, Nepali, Polish, Portuguese, Punjabi, Russian, Tamil, Thai, Turkish, and Urdu.
35 Additionally, it is difficult to get an accurate count of Low German (Plautdietsch) speakers in St. Thomas -Elgin. Some
Low German speakers report their language as "German" when more accurately it should be referred to as "Low
German" or "Plautdietsch". The high number of German speakers and lower number of Low German/Plautdietsch
speakers (reported as both "Plautdietsch" and "Low German, not otherwise specified") on the 2021 census point to
some "German" speakers in fact speaking Low German (Plautdietsch).
36 Most of the immigrants who report Mexico as a country of origin are likely Low German Speaking Mennonites.
Pa....... 11.4.7.......................................................................................................................................................................................
9 281 of
well or very wel1.37 An additional 18% indicated they could speak English fairly well, with 15% indicating they
either had poor English ability or didn't speak English at all (Table 8).
Table 8 - Ability to Speak English Among Non -English (First Language Speakers
Source: STELIP Immigrant Survey 2023, n=73
Understanding the respondents' English language ability can give insight into their capacity to experience
belonging and integration in the community. Having English language skills, particularly in an area like St.
Thomas -Elgin where 99% of the population speak English38, is extremely important in removing barriers to
navigating life, accessing information and services, making social connections and so on.7
When asked about access to interpretation in a healthcare setting, 71% of respondents indicated they did not
need interpretation (either because they did not access healthcare, or they did not require interpretation ).31
An additional 9% did access interpretation supports, either provided by the healthcare provider (6%) or, at
their preference, by a family member or friend (3%). The remaining 19% experienced barriers to accessing
interpretation in healthcare settings, although some of them opted to bring a family member or friend to
provide interpretation when it was not otherwise provided by the healthcare provider (Table 9).
Table 9 - Access to lnterpretation in Healthcare Settings
I did not go to a hospital, clinic or health professional 11% 71% - Did not
need
I did not need language interpretation 60% interpretation
Language interpretation was provided for me 6% 9% - Accessed
I brought a family member or friend because I prefer this instead 3% preferred
of a professional interpreter interpretation
I brought a family member or friend with me because 15% 19% - Barriers
interpretation was not available to me to
I wanted language interpretation but did not receive it 4% interpretation
Source: STELIP Immigrant Survey 2023, n=97
37 Q6 - How well can you communicate in English? (n=73)
38 Statistics Canada, "Census Profile. 2021 Census," (2023), Statistics Canada Catalogue no. 98-316-X2021001,
:.. ?.a.../�atot��=E/.:.:.:.: .:.::..i ..
39 Q8 - If you or a family member went to a hospital, health clinic or talked to a health professional in the past year, did
the health clinic provide in -person or phone/video interpretation? (multi -select question) (n=97)
Pa....... ........................................................................................................................................................................................
9 26 of',6.
While it is a very small sample, these results show that two-thirds of the respondents who needed
interpretation did not receive it, which speaks to the need for accessible interpretation, particularly in
healthcare settings. Professional interpretation is crucial in medical, legal, and other situations that require
informed consent, confidentiality, specialized terminology, or impartiality. It is particularly inappropriate to
use a child to provide interpretation in critical situations. This can place undue responsibility on the child and
cause a power imbalance within the family, in addition to breaching privacy and confidentiality.4o
The survey respondents were highly educated, with 82% having a college or university degree.41 Nearly a
quarter of respondents had a master's degree (24%). Only 10% of respondents had high school and
equivalent or less (Table 10). In comparison, 53% of St. Thomas-Elgin's total population have a high school
and equivalent or less (47% had some kind of postsecondary certificate, degree, or diploma).41 It is possible
that immigrants with lower levels of education are underrepresented in the survey results, and potentially
this group faced barriers in accessing the survey.
Table 10 - Highest Level of Education
Source: STELIP Immigrant Survey 2023, n=61
The higher levels of education for survey respondents compared to the total population could potentially be
partly explained by age of the survey respondents, following a trend of younger people being more likely to
have higher education.41 Moreover, economic category immigrants-20% of the survey respondents (Table
I) —are selected for their professional skills, which often necessitates a university or college education.44
40 Cat Goodfellow and Christine Kouri, "Pan -Canadian Standards for Healthcare Equity: The Case for Provincial
Interpretation Services," (2022), National Newcomer Navigation Network, I2d J)..F.:.%./ud w d.:,.i y c�„i „„i,i„wig „icy„i / „(c�„u,il,
/Ioaitir�iil�a?� 1�� aafr�li]�� il�i� t a tir�i1 G�tC� Ira
41 Q29 - What is the highest level of education you have completed? (full survey only, n=61)
42 Statistics Canada, "Census Profile. 2021 Census," (2023), Statistics Canada Catalogue no. 98-316-X2021001,
::..?.a.../:�.stat��=E/..:.:..::..i...
43 Klarka Zeman and Marc Frenette, "Chapter 3: Youth and Education in Canada" in "Portrait of Youth in Canada: Data
Report," (2021), Statistics Canada,.::.1?.a...././.... .:.:.^..:..a, :..! .:.. . -1 11./��u.�ll/4?-?3 f)001.L2021.f)f)']./;�rtip:l(1� 0f)003-elie::..��.:�.iT.
44 Immigration, Refugees and Citizenship Canada, "Immigrate to Canada;h tl�.a„(/uw w wd,c,a„i�,ada. , /„„i /i„rnrnig .l„ tire„n-
va �itjz i�al�ia�/a iwi � a/ii i ig i d�-�:;�i�ada.li ill
Pa....... 11 4.7.......................................................................................................................................................................................
9 2A of
The survey respondents had a high level of participation in the workforce: 97% were employed or looking for
work. More than half the respondents had full-time employment (55%), with an additional 21% working part-
time, 12% looking for work, and 9% self-employed (Table 11).45
Table 11 - Employment Status
Source: STELIP Immigrant Survey 2023, n=61
The survey results indicate that most respondents who want to work can find work; however, just over a
quarter reported that their job did not match their skills (26%), likely meaning they were underemployed
(Table 12).46 Underemployment refers to either when a person is overqualified for theirjob (job does not
match their skills) or when they do not have enough paid work.47 Potentially there are additional respondents
who work part-time or casually who would like to be working more and are therefore also underemployed.
Table 12 - Job Matching Skills
IIMI�1111 1111111 ill Will
Yes 74
No 26%
Source: STELIP Immigrant Survey 2023, n=91
Workplaces may experience employee retention issues and loss of productivity when their workers are
underemployed, particularly when their worker's skills and experience do not match their job description.41
Economic immigrants were more likely to have a job that matched their skills, with 87% reporting their skills
matched. Respondents with post -secondary education were also more likely to have a job that matched their
45 Q34 - What is your employment status? (full survey only, n=61)
46 Q37 - Are you in a job that is at the same level as your skills and experience? (n=91)
47 Statistics Canada, "Quality of Life Indicator: Labour Underutilization,' (2023),
1].I.�.I'?.a...//..:�.:.9�f).:.a.:ta.:tca.i.:..E�.��/��i�c�a��(.,Crb-��i�c�a��(.,Crd�:/I�I�c�u.�i i��ii� �ic��:u.�wi�: �:i:.:��.:�.!r.:a..��.!:::.? 0
48 "Managing for Employee Retention," Society for Human Resource Management,
ududv�.al�ii .c�. �: ou.�i�cesai��idoo.s doo.Is i��i a i l�:a dr�r�ll<Fda �.,a i i� ii� c�i �:i lc� �:�. i�:d�:i�d. a�y<
I..............//..............................................................................E/......................................................................................................../...................................................................................I..................../.........................................../....1........... E.............1................................ g........... g...........................................1................X....................................................................................... �..........
skills (65%). Conversely, low income respondents (50%), isolated respondents (49%), and respondents with a
negative settlement experience (47%) were all less likely to have a job that matched their skills (Figure 1).
Figure 1 ,_ Respondent Subgroup Experiences of Skills Matching Their Job
Respondent Subgroup Experiences of Skills Matching Their Job
Compared to All Respondents
L'..coruornic immigrant respondents
Respondents with post secondary education
All respondents 57%
Low income respondents 50%
Respondents who felt isolated
Respondents with a negative settlement experience 47%
0% 10% 20% 0% 40% 50% 60% 70% 80% 90% 100%
Percentage of respondents whose job rnatched their skills
Just over half of the respondents indicated that they had enough income to cover their needs (54%).49 An
additional 43% indicated that their income was not quite enough, and 4% indicated inadequate income
("definitely not enough") (Table 13).
Table 13 - Sufficient Income
Source: STELIP Immigrant Survey 2023, n=56
These cost of living challenges mirror the increase in cost of living across Canada in recent years, particularly
in housing and grocery costs.51 51
Several groups of respondents were more likely to report insufficient income52, including racialized
respondents (50%), respondents who experienced discrimination (55%), recent immigrants (59%), and
49 Q36 - Is your household income enough for the needs of you and your family? (full survey only, n=56)
so Canada Mortgage and Housing Corporation, "Housing shortages in Canada: Updating how much housing we need by
2030" (2023),........................................................................................l.a......c.... ......s.....c........�......l.....c.c k-data -and ie.seic� .I�ets
...............................................................................................................................2o....u.....�...s.....i....i.�....
?f)? ou.�sin sl oi,.� �. s c i� �i u.� �i ?0iO-�:�i�.�)dt
.................................................................a.........................../............................/.......................................�,......................................................................I..................................�
sl Statistics Canada, "Consumer Price Index, February 2023;' (2023), t I.a,//yyyy .. 1f a ,- 1 g (i„/aj„„i„I„y.
„i�..�/?2.C�: ?'./�iaC�
Pa....... 11.4.7.......................................................................................................................................................................................
9 29 of
respondents who felt St. Thomas -Elgin is not welcoming (80%). Conversely, respondents with post -secondary
education (42%) and respondents who felt St. Thomas -Elgin was welcoming (39%) were both less likely to
have insufficient income (Figure 2).
Figure 2 ,_ Respondent Subgroup Experiences of Insufficient Income
o s po Irk o n-t Subgroup Experiences of II Irk s u- ii d o n-t II Irk co Irm o
Compared to Allll Respolrn e nts
Respondents who feel St. 1 hornas Elgin is not weIcorning � � � � � � � � 80%
Respondents with a negative settlement experience 69%
Recent immigrant respondents IIIIIIIIIIIIIIII � � � � �� 59%
Respondents who experienced discrimination 55%
Respondents who felt isolated 54%
Racialized respondentsIMMEMINEUMM 50%
All respondents ����!!!!llllllllfffffff(IIIIIIIIIIIIIIIII��!!!llllllllfffffff(IIIIIIIIIIIIIIIII��!!!llllllllfffffff(IIIIIIIIIIIIIIIII��!!lllllllllffffffl 46%
Respondents with post secondary education 42%
Respondents who feel St. 1 hornas E'.Igin is welcoming 39%
U% 10% 20% 30% 40% 50% 60% 0% 80% 90%
Percentage ofrespondents who had insufficient income
When asked about housing, 17% of respondents indicated that their housing was not suitable and affordable
for them.53 Economic category immigrant respondents, respondents with post -secondary education, and
employed respondents were all more likely to have suitable and affordable housing.54 Notably, 100% of
economic category immigrant respondents had suitable and affordable housing. Conversely, only 50% of
respondents who felt St. Thomas -Elgin was not welcoming had suitable and affordable housing. Other groups
of respondents who were less likely to report suitable and affordable housing included racialized respondents
(78%), recent immigrant respondents (74%), and low income respondents (69%) (Figure 3).
52 Insufficient income refers to both respondents who indicated their income was "not quite enough" and "definitely not
enough".
53 Q35 - Is your current housing both suitable and affordable for you? (Are there enough bedrooms and is it in good
repair, AND can you afford it with your other living expenses) (n=92)
54 "Employed" respondents as a subgroup refers to respondents who are employed full-time, part-time or who are self-
employed.
9
Figure 3 ,_ Respondent Gu ro u Experiences of Housing Affordability/Suitability
e 5 p o irn o irn -t Subgroup Experiences of ldousing Affo it a ii II irk y and
ufta iiII ty Compared -to AIIII e5poirn oirn-t5
I"conornic category immigrant respondents
Respondents who post secondary education
IEmployed respondent
III respondents
Family category immigrant respondents
Racielized respondents
Respondents who felt isolated
Recent immigrant respondents
Respondents who experienced discrimination
Low income respondents
Respondents with a negative settlement experience
Respondents who feel St. 1 hornas...Edgin is not welcoming 50%
85%
84%
83%
0
81/0
78%
76%
74%
72%
69%
100%
0% 20% 40% 60% 80% 100%
Percentage of respondents who had affordable and suitable housing
Nearly all the respondents (95%) used at least one of the following service categories: health, recreation
services, police, employment and/or skills training, education, local municipal government/bylaw,
transportation services, settlement/immigration services, housing, small business/entrepreneurial supports,
language interpretation/translation, mental health, English language learning, legal/courts, childcare, or
French language learning.55 The most used services were health (84% of respondents), recreation (69%),
police (65%), and employment and/or skills training (63%) (Table 14). Many residents had positive
experiences accessing services, with 97% rating at least one service positively (i.e., "excellent", "very good" or
"good"). However, 72% also rated at least one service negatively (i.e., "acceptable" or "poor").
55 Q7 - Please rate your experience with the following community services in the last 12 months in St. Thomas -Elgin
Region (n=99)
9
The services with the highest positive ratings were language interpretation/translation (89% of users rated
positively), local municipal government/bylaw (84% of users rated positively), and police (84% users rated
positively). The services with the highest negative ratings were transportation (76% of users rated negatively),
childcare (44% of users rated negatively), small business/entrepreneurial supports (32% rated negatively),
and recreation services (32% of users rated negatively) (Table 14) (Figure 4).
Understanding what services the respondents are accessing in our community, and what their experiences
are with those services, can give insight into their needs.
Table 14 - Service Use and Rating
Source: STELIP Immigrant Survey 2023, n=99
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9 26 of
Figure 4 - Service Use and Rating
Health
Flolice
(Employment and/or skills training
I"drucatioru
Recreation services
Local municipal govern ment/bylavw
Settlernent/immigrant services
Transportation services
Housing
Small business/entrepreneurial supports
Language interpretation/translation
Mental health
(English language learning
Legal/courts
French language learning
Service Use and a ii ire
Percentage of respondents who used the service.,
11111111111 Positive ratings IIIIIII Negative ratings
The respondents settled in St. Thomas -Elgin for a variety of reasons.56 When asked to indicate the top three
reasons they settled in St. Thomas -Elgin, 50% indicated they settled here due to the affordability of the area,
and 40% were drawn to the area by friends or family already living in St. Thomas -Elgin. Nearly a quarter
settled in the area because of a job (23%). An additional 19% selected "other" reasons, indicating factors such
as existing cultural or language groups, safety, and smaller community size (Table 15).
56 Q22 - Why did you come to St. Thomas -Elgin Region? (Select your top 3 reasons) (Full survey only, n=62)
Pa....... 11 4.7.......................................................................................................................................................................................
9 266 of
Table 15 - Reasons for Choosing and Staying in St® Thomas -Elgin
Source: STELIP Immigrant Survey 2023, n=62
Understanding why the respondents settled in St. Thomas -Elgin can give insight into how to attract
immigrants to the area and how to retain immigrants already living here.
Respondents indicated they contributed to their community in a variety of ways.58 The most common ways
respondents contributed were helping their neighbours (42%), improving the natural environment (e.g.,
picking up garbage) (37%), supporting the local economy through their job (36%), volunteering with a
community or faith group (34%), and treating people fairly and kindly (34%) (Table 16).
57 Other responses included: cultural or language groups in the community; services and support in the community;
safety of the community; size of the community; and "I didn't choose St. Thomas -Elgin —it was chosen for me".
58 Q24 - What are some of the ways you contribute to creating a thriving and prosperous community for everyone?
(Select all that apply) (n=56)
Pa....... 11 4.7.......................................................................................................................................................................................
9 26? of
Table 16 - Ways of Contributing
zn,
I help my neighbours when they need it
42%
1 contribute to improving the natural environment in my community (recycling,
picking up garbage, planting trees, etc.)
37/
I contribute my skills and experience to the local economy through my job
36%
1 volunteer with other community organizations, groups or faith communities
34%
1 speak up for fairness and treat people with kindness in my community
34%
1 donate to local charities
31%
1 provide unpaid help for family members (children, grandparents, etc.)
27%
1 vote in local/municipal, provincial or national elections in Canada
27%
1 help newcomers to Canada as they make their home in our community
22%
1 build my skills and strengthen the ways I can contribute to this community
(learning English, further education, building professional skills, etc.)
21%
I am a business owner, and my business contributes to our community's
economy
17%
I volunteer in cultural or ethnic association activities
10%
I tutor or help youth learn in this community
8%
Other59
10%
Source: STELIP Immigrant Survey 2023, n=59
These results help build a picture of the diverse ways that immigrants contribute to building a welcoming,
caring, and inclusive community.
59 Other responses include: I volunteer with youth sports (coaching, driving youth, etc.) and I am on a board of directors
or other committees.
9
uir "III f'liiiof Carnirnuird1yollll uir�nuliii un
Most respondents felt that the St. Thomas -Elgin community was quite welcoming to immigrants (64%).60 An
additional 26% felt the area was somewhat welcoming, and 10% felt it was not welcoming (Table 17).
Table 17 - Community lco ing
Source: STELIP Immigrant Survey 2023, n=97
A welcoming community is one where immigrants feel valued and have a sense of belonging, where their
needs are met, and where the community actively works to identify and remove barriers, promote belonging,
and offer services to support the integration of immigrants. It is a reciprocal process; the existing community
plays as much a role in the integration of immigrants as a new immigrant does.61
Both family category immigrant respondents (74%) and low income respondents (64%) were more likely to
perceive St. Thomas -Elgin as quite welcoming. Conversely, racialized respondents (51%), economic category
immigrant respondents (50%), respondents who felt isolated (50%), respondents who experienced
discrimination (47%), recent immigrant respondents (46%), and respondents with a negative settlement
experience (21%) were all less likely to feel that St. Thomas -Elgin was quite welcoming (Figure 5).
Understanding the respondents' perception of welcoming can help evaluate how successful St. Thomas -Elgin
is at welcoming and promoting the integration of immigrants.
60 Q10 - How welcoming is the St. Thomas -Elgin region community towards immigrants? (n=97)
61 Victoria M. Esses, Leah K. Hamilton, Awish Aslam, and Priscila Ribeiro Prado Barros, "Measuring Welcoming
Communities: A Toolkit for Communities and Those Who Support Them." (2023), Pathways to Prosperity,
I�dd O: ?O� i� �i .� u� � c�i�d�: i�d Illc� a.�iii '. il�: a ?f)? C� VOd�:l r�i ii� _Fc�o1kid-1-I' easu rill VOd�:l r�i ill
I........./.../.a.............1............................................................./...........a..................................................../...................g......................../..................................�/............................./................./......................................................... E............................................................................................................g.............................................................g.....
.9a..1.iti..eS..L.1....1" 5.
Pa....... 11 4.7.......................................................................................................................................................................................
9 2di of
Figure 5 ,_ Respondent Subgroup Perceptions of Welcoming
espolrn olrn,t Subgroup Polrcepfliolrns off ollcor ni n
Compared -to AIIII Responden-ts
Family category immigrant respondents
Low income respondents
All respondents
Racielized respondents
I"conornic category immigrant respondents
Respondents who felt isolated
Respondents who experienced discrimination
Recent immigrant respondents
Respondents with a negative settlement experience
0% 1.0% 20% 30% 40% 50% 60% 0% 80%
Percentage of respondents who felt St. 1 hornas E'.Igin is welcoming
" einso of Illllllll 6oiir liiuir
Three quarters (75%) of respondents indicated they felt a strong sense of belonging, with 38% indicating a
"somewhat" strong sense and another 37% indicating a "very" strong sense. 62 The remaining 25% of
respondents indicated they felt a weak sense of belonging (Table 18).
Table 18 - Sense of Belonging
Source: STELIP Immigrant Survey 2023, n=98
A sense of belonging is an important part of integration into a new community. A sense of belonging also
contributes to feeling welcomed in a community.' These findings roughly echo the respondents' feelings of
welcoming (Table 17). To this point, 93% of respondents who felt St. Thomas -Elgin was welcoming, also felt a
strong sense of belonging. Family category immigrant respondents (80%) were also more likely to feel a
strong sense of belonging, potentially due to their strong family ties in the area.
ez Q11- How do you describe your sense of belonging in St. Thomas -Elgin Region?
(Sense of belonging is when you feel accepted and valued by others around you. It is when you feel like St. Thomas -Elgin
Region is truly your home.) (n=98)
Pa....... 11 4.7.......................................................................................................................................................................................
9 26� of
Conversely, many other groups of respondents were less likely to report a strong sense of belonging,
including racialized respondents (71%), recent immigrant respondents (63%), and respondents who
experienced discrimination (62%), respondents who felt isolated (61%), and low income respondents (54%).
Unsurprisingly, respondents with a negative settlement experience had the smallest proportion that felt a
strong sense of belonging (37%) (Figure 6).
Figure 6 ,_ Respondent Subgroup Experiences of Belonging
o s p o irn o irn -f Subgroup E p e it is o irn c e s of S-trong Belon&g
Compared -to AlIlI espoirn oirn-fs
Respondents who feel St. Thornas Elgin is welcoming
Family category immigrant respondents
All respondents
Respondents with post secondary education
Racialized respondents
IEmployed respondents
Recent immigrant respondents
Respondents who experienced discrimination
Respondents who felt isolated
Low income respondents
Respondents with a negative settlement experience 37%
93%
MIEN=I 80%
11M 72%
72%
71%
63%
62%
61%
54%
U% 10% 20% 30% 40% 50% 60% 0% 80% 90% 100%
Percentage of respondents who felt a strong sense of belonging
I s III4fil iin
Nearly a quarter of respondents felt isolated (i.e., "a great deal" or "quite a bit" isolated) (22%), and an
additional 20% felt "somewhat isolated".63 The remaining respondents either did not feel isolated, or only felt
"a little bit" isolated.
A crucial part of integration in a new community is feeling connected and valued. When immigrants feel
isolated, they may be less likely to feel integrated in their community.'
Unsurprisingly, respondents who felt that St. Thomas -Elgin was welcoming had a much smaller proportion
who felt isolated (11%). Family category immigrant respondents also felt less isolated (18%), possibly owing
this to their strong family ties in the area.
Conversely, respondents who felt that St. Thomas -Elgin was not welcoming had a much larger proportion
who felt isolated (60%). Other groups who were more likely to report feeling isolated include respondents
who had experienced discrimination (34%) and respondents with a negative settlement experience (32%)
(Figure 7).
63 Q12 - How much have you felt isolated in the past 12 months in St. Thomas -Elgin Region? (n=98)
9
Figure 7 ,_ Respondent Subgroup Experiences of Isolation
o s p o Irn o Irn'( Subgroup E p o Ir is o Irn c o s of II s o f a ii o Irn
Compared -to AlIlI espolrn olrn-ts
Respondents who feel St. Thornas Edgiro is not weIcorning
Respondents who experienced discrimination
Respondents with a negative settlement experience 32%
Low income respondents 27%
All respondents 22%
Family category immigrant respondents IIIIIIIIIII 18%
Respondents who feel St. Thornas Elgin is welcoming 11%
60%
0% 10% 20% 30% 40% 50% 60% 70%
Percentage ofrespondents who felt isolated (i.e., "a great deal" or "quite a bit" isolated)
IIII liii � uiriiii uiru liii uir� f9iiiuir�
When asked about discrimination, 39% of respondents reported they had experienced discrimination or been
treated unfairly in the previous 12 months.64 Respondents who felt that St. Thomas -Elgin was welcoming
(29%) and respondents with post -secondary education (34%) were less likely to report experiencing
discrimination.
Conversely, respondents who felt St. Thomas -Elgin was not welcoming were vastly more likely to have
experienced discrimination (90%). Other groups who were more likely to have experienced discrimination
include respondents with a negative settlement experience (53%) and low income respondents (46%)
(Figure 8).
64 Q14 - In the last 12 months, have you experienced discrimination or been treated unfairly by others in St. Thomas -
Elgin Region? (n=99)
9
Figure g - Respondent Subgroup Experiences of Discrimination
os po ir"n o ir"n-t Subgroup Dix pe iris o ir"n ces Of N sc iris Irm i ir"n a ii o ir"n
Compared -to AIIII Responden-ts
Respondents who feel St. Thornas L':Igiro is not weIcorning
Respondents with a negative settlement experience 53%
Low income respondents 46%
Family category immigrant respondents
L,conornic category immigrant respondents 44%
Respondents who felt isolated
All respondents 39%
Respondents with post secondary education 34%
individuals who feel St. 7 hornas Edgi o is welcoming 29%
90%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% .➢ 00%
Percentage of respondents who experienced discrimination in the previous 12 months
Participants were also asked to provide further details about their experiences of discrimination. This
question was not limited to only the respondents who had indicated they experienced discrimination in the
previous 12 months. Around half of the survey participants provided more details, notably more respondents
than had reported experiencing discrimination in the previous 12 months.65 66 Likely, the additional
respondents had experienced discrimination more than 12 months ago.
Race or skin colour was the most common basis for discrimination reported by respondents (41%), while 39%
of respondents who experienced discrimination indicated it was on basis of immigration status and 31%
indicated on it was on basis on their accent (Table 19). Respondents also reported experiencing
discrimination on the basis of their ethnicity or culture, language ability, religion, age, gender, physical
appearance and sexual orientation.65
65 Q15 - If you have experienced discrimination or been treated unfairly by others, what are the reasons? (n=49)
66 Q16 - If you did experience discrimination, in what type of situations did you experience that? (n=51)
Pa....... 11 4.7.......................................................................................................................................................................................
9 29 of
Table 19 - Lases of Discrimination
n
Source: STELIP Immigrant Survey 2023, n=49
Respondents also provided information about where they experienced discrimination, the most common of
which were at their job (47%); in a store, bank or restaurant (37%); and when applying for a job or promotion
(25%) (Table 20).66
Table 20 - Context of Discrimination n Experience
Source: STELIP Immigrant Survey 2023, n=51
These results mirror other research about discrimination in St. Thomas -Elgin. A 2021 survey found that 68%
of immigrant and racialized respondents26 had experienced discrimination in the previous three years, and
that most common type of discrimination was on the basis of race or skin colour and the most common
situation was when applying for a job or promotion.27
67 Other responses included: age, gender, physical appearance, and sexual orientation.
" Other responses include when interacting with the police; when using the library, community/recreational centres,
arenas or other spaces; at school or university; when seeing a doctor or in other healthcare settings; when looking for
housing; while using buses, trains or taxis; and when accessing other community services.
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9 249 of
Discrimination can have a range of negative impacts on immigrants, including distrust of and lack of
confidence in institutions as well as poor physical and mental health. Discrimination has also been associated
with a lower sense of belonging among Canadian immigrants.69
When asked about life satisfaction, 55% of respondents reported they felt quite satisfied with their life (i.e., a
rating of 8 out of 10 or higher).'' An additional 35% were somewhat satisfied (i.e., a rating between 5 and 7
out of 10), and the remaining 11% were dissatisfied (i.e., a rating of 4 out of 10 or lower) (Table 21).
Table 2 - Life Satisfaction
Mill oil
10
20%
55% - quite
9
13%
satisfied
8
22%
7
20%
35% -
6
3%
somewhat
5
12%
satisfied
4
3%
3
3%
11% -
2
1%
dissatisfied
1
3%
0
0%
Source: STELIP Immigrant Survey 2023, n=97
Three quarters of respondents (75%) indicated they had a positive settlement experience (i.e., "excellent" or
"good"), 20% indicated a "neutral" settlement experience, and 5% indicated a negative experience (i.e., "not
very good" ).71 No respondents indicated they had a "not at all" good settlement experience.
Both economic category immigrant respondents (88%) and respondents who felt St. Thomas -Elgin was
welcoming (91%) had higher levels of positive settlement experiences. Groups that were less likely to indicate
a positive settlement experience include racialized respondents (73%), recent immigrant respondents (70%),
family category immigrant respondents (59%), and low income respondents (58%) (Figure 9).
61 Victoria M. Esses, Leah K. Hamilton, Awish Aslam, and Priscila Ribeiro Prado Barros, "Measuring Welcoming
Communities: A Toolkit for Communities and Those Who Support Them." (2023), Pathways to Prosperity,
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70 Q9 - How do you feel about your life as a whole right now? (n=97)
71 Q17 — How would you describe your overall experience of settling in St. Thomas -Elgin Region? (n=75)
Understanding the overall settlement experience of respondents can give insight into the wellbeing and
integration of some immigrants in St. Thomas -Elgin.
Figure - Respondent Subgroup Settlement Experiences
Pos po ir"n o ir"n-t Subgroup Pos i-d vo o-t-t II o irm o ir"n-t Experiences
Compared -to AIIII Responden-ts
Respondents who feel St. Thornas Elgin is welcoming
I"conornic category immigrant respondents
All respondents
Racielized respondents
Recent immigrant respondents
Respondents who felt isolated
Respondents who experienced discrimination
Family category immigrant respondents
Low income respondents
1 91%
88%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Percentage ofrespondents with a positive settlement experience
The respondents reported facing a variety of challenges, the most common of which were cost of living or
money problems (34%), finding healthcare (28%), finding work (24%), transportation (24%), and finding
affordable housing (21%) Table 22).72
These challenges align with other findings from this survey. The sizeable minority of respondents who did not
have enough income to cover their needs points to the cost of living challenges as well as challenges with
finding affordable housing (Table 13). A number of workplace related issues came out in these findings that
align with the challenges reported above, including the quarter of respondents whose job does not match
their skills (Table 12) and the large proportion of respondents who experienced discrimination in the
workplace (Table 20). Respondents also rated their experiences with transportation quite negatively (Table
14), which also reflects challenges with transportation.
72 Q20 — What are the biggest challenges you or your family have experienced in the last year in St. Thomas -Elgin region?
(select all that apply) (n=80)
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9 3dd of
Table 22 - Challenges Experienced
Cost of living or money problems
34%
Finding healthcare
28%
Finding work
24%
Transportation
24%
Finding affordable housing
21%
Finding childcare
20%
Making friends
20%
Starting a new business
20%
Learning English
15%
Finding relevant programing in local community centers, arts and culture
spaces, libraries, etc.
11%
Discrimination/racism
11%
Learning where and how to do things
11%
Getting information in a language you understand
10%
Finding mental health care
9%
Making sure your children are safe and happy at school and in the
community
8%
Other (please specify)73
9%
Source: STELIP Immigrant Survey 2023, n=80
When asked to select the top three changes would help immigrants reach their full potential in St. Thomas -
Elgin, the most commonly selected options were more affordable housing (39%), better programs for
immigrants to find work (36%), and education for employers on the value of hiring and retaining immigrants
(29%) (Table 23).74 Additionally, 33% of respondents selected "other", giving responses including better
availability of interpretation and translation services, English language learning opportunities in the
workplace, and better opportunities for involvement in community leadership and planning.75
73 Other responses included: Receiving public or social services (e.g., settlement services, government services); current
economic realities; understanding car insurance; and effects of immigration status on work permit.
14 Q21- What changes would help immigrants to reach their full potential in St. Thomas -Elgin Region? (Select your top 3
options) (full survey only, n=59)
9
Table 23 - Suggested Solutions
More affordable housing
39%
Better programs for immigrants to find work
36%
Educate employers on the value and ways of hiring, retaining, and
29%
promoting immigrants
A central place for both employers to find immigrant workers and for
workers to find employment
22%
One place to get all settlement, immigration and other services
19%
More opportunities to help improve English skills
15%
Actions to reduce racism and discrimination towards immigrants
15%
Actions to improve the social connections of immigrants
15%
Service agencies working together more
12%
More effort by community services to better serve immigrants
10%
Actions to increase welcoming and acceptance of immigrants
10%
Other75
33%
Source: STELIP Immigrant Survey 2023, n=59
These results reflect the major challenges that respondents reported experiencing, including cost of living
(34% of respondents), finding work (24%), and finding affordable housing (21%) (Table 22). Furthermore, a
sizeable number of respondents who experienced discrimination faced discrimination at their job (47%) or
when applying for a job or promotion (25%) (Table 20). This further illuminates the need for supports for
immigrants both when looking for work and while in the workplace.
75 Other responses included: Availability of interpretation and translation; English learning opportunities in workplaces;
more relevant programming in local community centres, arts and culture spaces, libraries, etc.; greater voice or
involvement in community leadership and planning; computer access and training; more funding for childcare and after
school programs; and more job opportunities.
Pa....... 02 of 11.4.7.......................................................................................................................................................................................
9 3
IIlfttlioddlogy
This survey was based on a similar survey facilitated by the Waterloo Region Local Immigration Partnership .76
Building on Waterloo Region Local Immigration Partnership's success, several Local Immigration Partnerships
(LIPS), including the St. Thomas -Elgin Local Immigration Partnership, undertook a survey of local immigrants
in their respective areas in Spring 2023.
Two versions of the survey were developed: A full-length version available online in English, and a shorter
version available either online or as a paper copy in English, French, Spanish, Ukrainian, Farsi, and Simplified
Chinese. A Low German-speaking interpreter was also contracted during promotion at a local Mennonite
event to conduct the short survey orally in Low German.3577 An ethics review of the survey was completed by
the Community Research Ethics Office.
The St. Thomas -Elgin Immigrant Survey was open between June 1 and June 26, 2023. Participants were
recruited through a variety of methods: volunteer survey ambassadors, in -person outreach at community
events, media promotion (radio ads, social media, posters), presentations for community groups including
faith groups, promotion by community partners, and distributing information to local settlement agency
clients and during English Language classes.
Survey ambassadors were volunteers who had connections to a particular immigrant or cultural group, and
who recruited survey participants through their connections.
Most of the respondents heard about the survey directly from the St. Thomas -Elgin Local Immigration
Partnership (25%), through a friend or personal connection (21%), social media (19%), or through YWCA St.
Thomas -Elgin Settlement Services (16%).78
Because of the relatively small number of participants and the use of survey ambassadors connected to
specific immigrant or cultural groups, it is possible that some immigrant/cultural groups are overrepresented
or underrepresented in the survey results compared to the proportion of that group within the overall
immigrant population in St. Thomas -Elgin.
The survey questions were based on Waterloo Region Local Immigration Partnership's survey questions from
2021, 2019, and 2017, which were developed according to key measurement indicators, and feedback on
76 Refer to the Waterloo Region Local Immigration Partnership's 2021 Immigrant Survey report for more information:
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1..!"Djr.i.gI'a"3nt-Su.iry(:".y-Su rnrn;3I"y "��': ��c�I..�.� �i
77 Low German (Plautdietsch) is a predominantly oral language, so it was not effective to offer a written survey
translated into Low German. Low German is almost entirely spoken by Low German Speaking Mennonites.
78 Q39 — How did you find out about this survey? (full survey only, n=57)
Pa....... Aof 11.4.7.......................................................................................................................................................................................
9
previous Immigrant Surveys. The questions were adapted in collaboration with LIPS across Canada
implementing similar surveys, updates were made to address emerging needs and other local research. The
St. Thomas -Elgin Local Immigration Partnership Council provided input on the questions and approved the
survey implementation.
The survey was primarily completed online using CheckMarket survey software and kept on servers within
Canada. Survey responses were deleted from the CheckMarket servers two months after the data collection
period was completed.
Paper surveys were collected confidentially and stored at the St. Thomas -Elgin Local Immigration Partnership
until the results could be inputted, after which the paper surveys were destroyed.
After the survey collection period, the data was reviewed and cleaned. Incomplete surveys (ending the survey
within the first 10 questions (completing less than 25% of the questions), and potential bots were deleted
from the responses. Responses were designated as probable bots if the IP address was from outside of the
region, the response time was low (under 6 minutes), and there was inconsistency in their responses (i.e., the
immigration category did not match the demographics, the language ability and need for interpretation was
inconsistent etc.).
The findings were analyzed using descriptive statistics. The findings presented in this report are those that
were most noteworthy or where there were substantial differences when considering immigration category,
racialized status etc. In general, differences were considered substantial when there was more than 5%
difference between two or more respondent subgroups or between the respondent subgroup and all
respondents or all survey respondents and 2021 Census Data for all immigrants in St. Thomas -Elgin.
Comparisons were made with 2021 Census Data to help contextualize the snapshot of the St. Thomas -Elgin
immigrant community this survey offered.
The data was disaggregated to understand differences between subgroups within the survey respondents.
The subgroups chosen were adapted from the Waterloo Region Local Immigration Partnership's past surveys,
which developed the list of subgroups based on a Resilience -Vulnerability Index and input from their advisory
group and local partners. In other words, these subgroups were identified as potentially more likely to have
difficult or unique experiences and thereby important to understand their specific experiences in our
community. For the St. Thomas -Elgin survey, only subgroups that had a sufficient number of respondents
were chosen. Some subgroups could not be analyzed simply due to a lack of respondents.79 Additionally,
STELIP was unable to develop a Resilience -Vulnerability Index based on our own context due to the survey's
small response rate. Therefore, the Waterloo Regional Local Immigration Partnership's index was used as a
framework.
79 For example, the Waterloo Region Local Immigration Partnership survey disaggregated data by racial group, faith
group, LGBTQ+ identifying individuals, location, gender, age, and by some language groups and language abilities. We
were unable to disaggregate data to this degree due to a small sample size. Often, we instead chose to disaggregate data
at a higher level, i.e., disaggregating by racialized status instead of disaggregating by specific racial groups.
Pa....... 11.4.7.......................................................................................................................................................................................
9 A of
The following subgroups were disaggregated and analyzed: economic category immigrants, family category
immigrants, recent immigrants, immigrants with post -secondary education, employed immigrants, low
income immigrants, immigrants who felt isolated, immigrants with a negative settlement experience,
immigrants who felt St. Thomas -Elgin is not welcoming, immigrants who experienced discrimination,
immigrants who felt St. Thomas -Elgin is welcoming, and racialized immigrants.
Multiple promotion methods were used to reach a wide variety of immigrants, but the results are not
necessarily representative of all groups and subpopulations. When compared with 2021 census data about St.
Thomas-Elgin's immigrant population, it is clear there are some known gaps in the survey respondents (e.g.,
immigrants from the west and east Elgin regions, older immigrants, and refugees are all underrepresented,
see Table 1, Table 3, Table 5. Low German Speaking Mennonites are also underrepresented (Table 7), see
footnote 10 for more details about this population. There may be further unknown gaps.
Because of small sample sizes for some subpopulations, the findings should be interpreted with caution. The
survey sample size is not large enough to be a statistically significant representation of all immigrants in St.
Thomas -Elgin, but the results still provide important insight into the perspectives and experiences of those
immigrants who participated in the survey.
Results were reported as percentages and were only disaggregated in a manner than maintained anonymity.
It should also be noted that some groups or individuals may understand specific words or concepts differently
(e.g., "belonging", "isolation", "discrimination" or "good" vs "poor" service delivery) and this could impact the
findings.
The information outlined in this report provides a snapshot of the experiences of the survey respondents and
can be used to inform policy, service provision, and other planning in the St. Thomas -Elgin area. Contact the
St. Thomas -Elgin Local Immigration Partnership if you have questions about the data or findings, or
suggestions for how it could be used to impact change in our community.
St. Thomas -Elgin Local Immigration Partnership Petrusia Hontar, Manager
c„r�„i;rni;rn�u„ir„fctirir„�tr^I„f„I.c„ St. Thomas -Elgin Local Immigration Partnership
16 Mary Street West l,Ireirt!::.,..t,.p.I,f.I.:.�..
St. Thomas, ON N5P 2S3 519-631-9800 ext. 240
519-631-9800
Funded by: Finanrb par
Immigration, Refugees Immigration, Refugies
and Citizenship Canada et Citoyenneta Canada
Pa....... 11.4.7.......................................................................................................................................................................................
9 3d9 of
AIIIpIIIpeiidix
The questions highlighted in blue are also included in the short survey. All questions are included in the long
survey.
St. Thomas -Elgin Region Immigrant Survey 2023
Immigrants make St. Thomas and Elgin County a much more diverse and vibrant community, and your story is
important to hear and understand. We want to learn about the welcoming, integration, and well-being of
immigrants. The Local Immigration Partnership will use the survey results to guide how more organizations
will work together to improve services and living experiences for immigrants in the St. Thomas -Elgin region.
This survey is for all immigrants living or working in St. Thomas -Elgin region who are age 16 or older This
includes people born outside Canada who are now living, working, or studying in this community
(permanent residents, Canadian citizens, refugees, temporary residents, refugee claimants, and
international students).
Please complete this survey by Ju.ne._12 2023. It will only take 10-20 minutes.
You do not have to provide your name to do the survey. The survey will ask both multiple choice questions and
short answer questions about your thoughts, and a short section about demographic information. When you
finish the survey, you can choose to enter your name into a draw for a prize. If you provide your name, it will
not be connected to your survey answers and will only be used for the draw. Draw prizes include a $100 prepaid
credit card, $50 prepaid credit cards and Tim Horton's gift cards.
Completing the survey is voluntary and you can skip any question you do not want to answer. You can stop or
close the browser window any time you like, but we cannot remove your answers once you submit them
because we will not be able to separate your answers from the rest of the data.
The information you provide will remain confidential. Only Petrusia Hontar (Principal Investigator), and Fiona
Murray (Communication Coordinator) will have access to the raw survey data. We are hoping to hear from
400 immigrants in this survey. All the responses will be anonymous and will be summarized in a series of
reports and presentations. They will be available on the St. Thomas Elgin Local Immigration Partnership
website at ht :.1 .`� 't.....!..1 .:.�;:...I .!::q..V.r t:..: :..:.::.i.m. n..ig.!::..!!.�::.:::.! ..1::... ....later this year.
Each person may react differently when reflecting on the questions, and it may raise anxiety for some people.
If you need support at any time, please call or text the Canadian Mental Health Association Thames Valley's
crisis line "Reach Out" at 519-433-2023. If you need help but are not in crisis, please call the Canadian Mental
Health Association Thames Valley at 519-601-8055 or 1-844-360-8055.
You can find more information about your rights as a survey participant, including the contact information for
the ethics office that reviewed the project, in the information and consent letter found on the website
t.....!..1t::....:.].:.::.!.............................
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Pa....... 11.4.7.......................................................................................................................................................................................
9 306 of
If you have questions, are not able to fill out this survey online, or would prefer to respond by phone, email
or on paper, contact the St. Thomas -Elgin Local Immigration Partnership at ce irnm unicat,ir�ir"„ tr „f„I .c „or 519-
631-9800 x 241.
Thank you for taking the time to share your story by completing this survey. It will help us build better
services to serve everyone in our community!
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Section A: Basic Information
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Pa....... 11.4.7.......................................................................................................................................................................................
9 36 of
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4. What is your first language? (Your first language is the language you first learned at home and still
understand.)
❑ English
❑ French
❑ Arabic
❑ Farsi/Persian
❑ German
❑ Gujarati
❑ Hindi
❑ Khmer
❑ Korean
❑ Mandarin
❑ Plautdietsch
❑ Punjabi
❑ Rohingya
❑ Spanish
❑ Urdu
❑ Other (please specify)
5. How many languages do you know well enough to have a conversation in that language?
❑ 1
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9 A of
Section B: Use of Community Services
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Set�tIIeiiryteiirilt�/�lliirriiirri'IIIgiiraiiriltseirvices
Sirr4ll Ilbus��iiriuess/eiiriut�iirellpiireiiriueuiirlfall suppoirts
'Tiiraiirils�lpoiirt�at�llioiiril seirvices
Recireatioirll seirvices
ChdIII dcalire
Othueir coirrurnuirdity seirvices fipIllease specify)
agL A of 47
8. ff you or a fairnillly irneirribeir vveirut to a hospR4I, heal11iu diiruk or t4I(ed to a heal11iu pirofessioir4l iiru tilm IIpast
year, did t1iue heal11iu 6liiruk pirovide iiru-peirsoiru or piwirue/video Imulti-select question]
--I Lair)guage IIir)teirpiretat�oir) was pirovIIded for rne
_1 wair)ted air)gugel' Iir)teirpiretatoir) Lwt cfid ir)ot rec6ve It
--I L)Iroug[ft a fairnfly rneirrd,)eir or firieir)d wiiflh rne L)ecause lir)teirpiretatoir) was ir)ot avaflaLfle to Irneu
--I L)Iroug[ft a fairnfly rneirrd,)eir or firieir)d wiiflh Irneu L)ecause II IpIreuleulr fl,ds iiir)stead of a pirofessoir4�
)teirire teir
I cfid ir)ot ir)eed Ila ir)gu.uage iiir)teirpiretatoir)
_1 I (fid ir)ot go to a hospita, or heaflh pirofessioir4�
_1 Oflheir (pIease
Section C: Belonging
9. Flow do you fe&l about your iffe as a vviw�le urlgllhut urwvv?
Llslkng a scale of () to 10, wlhem () rneans "vei�y (hssahshed" and 10 rneans "veiYy sabshed/'
to Flow vv,Ocoirniirug is tiim St.'Tll�,iuoiirrias-EIgViiiriu coirrvrrzuir�ity towaird iirnirnigirair�ts?
Lls�kng a scale of () to 10, wlhem () Ir1«eans "not at all welcoir6kng" and 10 Irneans "vei�y welcoir6krig,"
1,1,. Flow do you describe your seiruse of Ilk,u6lourruglliurrug iiru St. 'Tll�,iuoiirrias-EIgViiiriu?
(Seir)se of' bebir)gir)g is 41heir) you feell accepted air)d vahied L)y oflheirs airouir)d you. IIt is 41heir) you feell Ili ke St.
Phoirnas-Ugir) Re&ir) is tiruly yourII" oirne.)
--I Very stroir)g
-] Soirnew[mt stroir)g
_1 Soirnew[mt weak
--I Very weak
_1 D o ir), t Il< 1r) 0 w / 1r) 0 0 p 1r) ii0 1r)
1,2. Flow rnuciiu Imve you f6t is6lated or albirue iiru t1iue iast 1,2 urnourrutllhuus iiru St. Tiwirnas-UgiirR
--I A great deaI
_1 C)uAte a L)it
_1 Soirnew[mt
_1 A Il ii fle Ibt
_1 Not at aI
13. How safe do you feel in St. Thomas -Elgin?
El Not at all
El Slightly
El Moderately
El Very
El Extremely
agLA of 1111167 ...............................................................................................................................................................................................................................................................................................................................................................................
14. hn Chie last 1 urmmmmurmtlhmus,hiave you expeileiniced dllisciirlliiirrilliiirmat�V miiriu oiir Ilbeein t�iireated uinifaiidy Ilby othieirs Viin St�.
Thioirnas-Ugiini? is vvlhiein othieirs tireat you uinifaiidy Ilbecause ofyouiir iirace, sIkiin cdouir, rdhigioirli,
etiviriddity oiir othieir ureasoinis.)
_1 Yes
_1 N 0
1,5. ff you hiave expeileiniced dllisciirlliiirrilliiirmat�V miiriu oiir Ilbeein t�iireated uinifaiidy Ilby othieirs, vvlhiat aiire Chie ureasoinis? (Sdect
aHl that app�y)
_1 Race oii skiiin cdow
i --I Reh&in
_1 Eflhinii(Jty oir° cukuir°e
--I Nhysall appew�aince (oflheir thain skiiin cdoiijir)
_1 lrnlrl'dglY"atoln status
_1 Geindei�'
_1 Sexii�Ua oirieintatoin
i --I Language abflfty
_1 Accent
i --I Age
_1 l i
_1 Dlsat)flfty (eWheir° a cfisat)flfty that ICmeamlpm e can see oir° one that Gs iiirMsfllfle)
_1 Oflheir (please spe(Jfy):
1.6. ff you did expeileinice dllisciirlliiirrilliiirmat�Vioiiriu, ViurYu vvlhiat types of situatioinis did you expeileiniced thiat? (Sdect aHl
that aICE pIy.)
�l in a sto Y"e, L)a in �l< of Y'esta u m int
Whein applyiiing foir ajot) oir' a pimirnotiioin
i --I At yo u i -- foiY" exam irn p�I e fimirn su pe i co -woike Ys oiY" ('J IIe ints
_1 At sc[md oir° uiniivei��sty
_1 At events
Whein iiinteimcfling wiiflh youir° n6g[flbouirs
Whein Ilamamllaiilruf, fbir° housiiing
Whein cimssling the Ilinto Clainada
Whein iiinteimcfling wiiflh the ICmamllice
Whein iiinteimcfling wiiflh the coul'ts
Whein seeing a rnecfica�l hea�flh pimfesslloina�l oily Ilin oflhei�� hea�flh caii setflings
W"'fie usIing flbimiYies, ceintiY'es, w'einas
Whfle usIing pubhc weas, such as paiYlks oil slldewaHks
Whfle usling timinspoi�tatlloin suc�h as Lmises, tii oiY taxlls
Whein accessling oflheicoirnirnuinty seii
Oflheir (please
agL311 ofl,1116� ...............................................................................................................................................................................................................................................................................................................................................................................
I I-C}I'r AI. L U iUlI: 0IVD) IN II SJ
Section D: Challenges and Solutions
t 7 Flow vvoUd you describe youur ove14l1e.Iperlieince of us ettJlllurru lurru 5t. 'TIlhruourrias-L':III Viuriu?
(Set llIng Includes s your whole exU:cerIence of u7novIng to, waettllIng a Ind Integrating In St I Il7au i la as ElllgIn.)
] ExuaellIeir t
] Good
] Neu.utraII
] Not very food
18. How many years have you been in this community?
(If you have been here for less than a year indicate zero.)
19. How long did it take you to feel at home in this community?
❑ When I arrived
❑ Less than a year
❑ 1-2 years
❑ 3-5 years
❑ 6-10 years
❑ More than 10 years
❑ I still don't feel at home in this community
20. Wimt a iire tliile IIbiggeust cllh4l1l ingeus you our your fa irm:lEi y I[mve expeirieinced Iliurqu tliim Iiast year Iliurqu 5t. 'TIlhruollrnas-
L':Ill lin? (Select alll ]:II"Ua t appIIy.(
] Acc;e^:u^:uling Iheall]:Ih cadre
] Acc;e^:u^:ul ing Iru"'1 ''Iru]:a 11 II"' ear :Ih cadre
I I /;;raa in freevant pro riru1r"'Jin fIin ocacoirnirnuintyaelr]resn arts & (ault ulre spaces, l:)lra IGyg e$ Ca.
I-] hers' of Ming or folrua iruuaoal stirUuf,f,lles
] l=iilruafiiing affoirdal lle II" o u^:uiilruf,
] l=iilruafiilIg call"UiildcaIre
] l=iilruafiiing Work
I _...] Getfing II rffoYrnaV.IIoin you I I rrl a a' inguafie you urrla<feY°.starrd
] Lea irlruiilruf, Elruf,llii^:uh
] Lea irlruiilruf, 41helre and how to afar ]:II"Viilrugs
I-] IMallalllr g firielruds or °:so(,Jal uaarlrulrur''ua]:Ilarlr s
I-] IffllaIlaiilruff ^:uU.ulre your ('Ahilldirelru aIre safe and Ihappy at s(,Aho6a and iilru ].Ihe coirniru"oU.ulru ty
I-] ReC,6!✓Iing pU l,)hc or "so(,Jlal °see vIIC;6: s (e.g. ":aetfleirnG int "seIY'vIIC"es, go1✓eIY"Inlrneint ":aeirvIIC es, et(,—.)
] StaIY"fing a new 1,wsIIiness
] Tiralru^'ulpoirta]:iiarlru
I-] O].Iheir (pears
Pag A of 47
21. What changes would help immigrants to reach their full potential in St. Thomas -Elgin? (Select your top
3 options below.)
Immigrants includes people born outside Canada who are now living, working or studying in this community
(permanent residents, Canadian citizens, refugees, temporary residents, refugee claimants, and international
students).
❑ More opportunities to help improve English skills
❑ Availability of interpretation and translation
❑ More affordable housing options
❑ A central location where immigrants can receive settlement and other services in one place
❑ More effort by community services to better serve immigrants
❑ More or better programs for immigrants to find work
❑ Educate employers on the value and ways of hiring, retaining and promoting immigrants
❑ English learning opportunities in workplaces
❑ A central place for employers to find immigrant workers and where workers can find employment
opportunities
❑ Actions to reduce racism and discrimination towards immigrants
❑ Actions to improve the social connections of immigrants
❑ Actions to increase welcoming and acceptance of immigrants
❑ More relevant programming in local community centres, arts & culture spaces, libraries, etc.
❑ Greater voice or involvement in community leadership and planning
❑ Better collaboration and coordination between service agencies
❑ Better internet/technology access and training
❑ More funding for... (please specify using "Other" below)
❑ Other (please specify):
Section E: Community Contributions
22. Why did you come to St. Thomas -Elgin? (Select your top 3 reasons)
❑ Family or friends that live in St. Thomas -Elgin
❑ St. Thomas -Elgin was more affordable than other communities
❑ Post -secondary institutions
❑ For a job in St. Thomas -Elgin
❑ A healthy local economy
❑ Cultural or language groups in this community
❑ Community services and support in this community
❑ I didn't choose St. Thomas -Elgin, the community was chosen for me
❑ Other (please specify):
Pag L 3 �9 of 47
;gym IlHow Illilllmmmllly a iire your to stay pmmururmia,murmmmurmtllly iurm St. 'TIlhruourmias-E:IIIgViuriu?
-] I Cmllamiri to starry Iperirnamirieirifly iiiri St. .t Ihoirna°. -VMll yiin Iie,iiariri
-] I u,oii ,llft starry ICmerirnamirieirifly iiiri St. Vhoirnam^: -Ul ,iiiri Iie,iiariri
-:1 I"irn irim:m�I: sum
-:-I I don't Iplain on s�tayuiing Iln St. �lfllhoirr<:as�_D`Il gin Rc:^,&irn
I\Vary: apICmIHcaIlmlle
24. What are some of the ways you contribute to creating a thriving and prosperous community for
everyone? (Select all that apply)
❑ I help my neighbours when they need it
❑ I provide unpaid help for family members (children, grandparents, etc.)
❑ I volunteer with youth sports (coaching, driving youth, etc.)
❑ I tutor or help youth learn in this community
❑ I volunteer in cultural or ethnic association activities
❑ I volunteer with other community organizations, groups or faith communities
❑ I am on a board of directors or other committees
❑ I donate to local charities
❑ I help newcomers to Canada as they make their home in our community
❑ I speak up for fairness and treat people with kindness in my community
❑ I vote in local/municipal, provincial or national elections in Canada
❑ I am a business owner, and my business contributes to our community's economy
❑ I contribute my skills and experience to the local economy through my job
❑ I build my skills and strengthen the ways I can contribute to this community (learning English,
further education, building professional skills, etc.)
❑ I contribute to improving the natural environment in my community (recycling, picking up
garbage, planting trees, etc.)
❑ Other (please specify):
25. If you would like to share a story that illustrates one of the above contributions that you are
particularly proud of, please do so here:
6. Wlmt is tlliue umost Viurmmlpourtmmurmt tllhuiurmg your woummlllm Illlflllmcm courmmurmmu unity Ileadeurs to mho to Viurmmlpirove tlliue wmmlllcourmiiurmg,
iintegura,mtVioin aind w illllll-Ilk eiurmg of i rmmurnigura, ints iurm St. 't"Ilhuuourmias-E':I gViuriu Regioin?
.............. i.......7 ........................................................................................................................................................................................
Pag 31� of��4
Section F: Demographics
These final demographic questions are intended to help organizations supporting immigrants to understand
how to build programs and services that meet the needs of diverse groups. While all these questions are
optional, your answers are important. We want to make sure we are hearing from immigrants across many
different groups in St. Thomas -Elgin Region.
27. What is your age?
❑ 16-19 years
❑ 20-24
❑ 25-34
❑ 35-44
❑ 45-54
❑ 55-64
❑ 65 or older
28. Which would best describe you? (Select all that apply.)
❑ Arab
❑ Black (e.g. Black -Caribbean, Black -African, Black -North American)
❑ Chinese
❑ Filipino
❑ Japanese
❑ Korean
❑ Latin American
❑ South Asian (East Indian Pakistani, Sri Lankan)
❑ Southeast Asian (e.g. Vietnamese, Cambodian, Laotian, Thai)
❑ West Asian (e.g. Iranian, Afghan)
❑ White
❑ Prefer not to answer
❑ Other (please specify):
29. What is the highest level of education you have completed?
❑ No formal education
❑ Elementary school
❑ High school or equivalent
❑ Trade/technical school
❑ College diploma
❑ Bachelor's degree
❑ Master's degree
❑ PhD
❑ Prefer not to answer
30. How would you describe your gender identity?
❑ Man
Pa....... 11.4.7.......................................................................................................................................................................................
9 A of
❑ Non -binary
❑ Woman
❑ Prefer to self -describe (please specify):
❑ Prefer not to answer
31. Do you identify as a member of the LGBTQ+ community? (lesbian, gay, bisexual, transgender,
queer/questioning)
❑ Yes
❑ No
❑ Prefer not to answer
32. Are you living with a disability (physical or mental) or a chronic illness that limits your activity?
❑ Yes
❑ No
❑ Prefer not to answer
33. If you are a member of a faith community, please share which one:
❑ Buddhist
❑ Christian
❑ Hindu
❑ Jewish
❑ Muslim
❑ Sikh
❑ Other (please specify):
❑ I am not a member of a faith community
❑ Prefer not to answer
34. What is your employment status?
❑ I am employed (working full time)
❑ I am employed (working part time or casual)
❑ I am unemployed but seeking work
❑ I am self-employed
❑ I am not in the paid workforce (retired, caring for children, not seeking work, etc.)
❑ Prefer not to answer
❑ Other (please specify):
35. is your cuurreeint Ilwu siing Ilbotllhu suit4lk,: e aind affourdallk,: e four you?
(ire! there enough bedrooms and is it in good repair, A1VD can you afford it with your other living expenses)
_] Yes
_] No (pIIease expC aiin)°:
Pa....... 1,4.7.......................................................................................................................................................................................
9 A of
36. Is your household income enough for the needs of you and your family?
❑ Our income is enough for our needs
❑ Our income is not quite enough for our needs
❑ Our income is not enough for our needs
❑ Prefer not to answer
37. Aiire your iin a job tllhmt is at tllim usa irne Illev011 as your uskillllllus aind expeirlieince?
] Yes
] No
-:] I"irn not cuir.ireir tly eirnIployed
] Prefer not to answer
38. Where do you prefer to get information about community and settlement services?
Twitter
Facebook
Instagram
Linkedln
Community organization websites
Emails
STELIP Newsletter
Information sessions
Settlement worker or other community organization staff
Local media (newspaper, radio)
Messaging apps (e.g. Whatsapp, Telegram, etc.)
Other (please specify)
Yes
Maybe
No
Pa....... f� of 1,4.7.......................................................................................................................................................................................
9 3
39. How did you find out about this survey?
(Select the option that was the most instrumental in encouraging you to fill out the survey.)
St. Thomas -Elgin Local Immigration Partnership
YWCA St. Thomas -Elgin Settlement Services
Mennonite Community Services (MCS)
St. Thomas and District Chamber of Commerce
Employment Services Elgin
Fanshawe Employment and Career Services
St. Thomas Public Library
Elgin Library
St. Thomas Social Services
Karen Vecchio Member of Parliament
A poster in a public place
Newspaper
Radio
Social Media
A friend or personal connection
Other (please specify):
40. Are you interested in sharing your thoughts in the future by participating in other surveys or research
by the St. Thomas -Elgin Local Immigration Partnership?
(You can aIways say no in the future if you change your mind. You wiII be redirected to a form to provide your contact information)
❑ Yes
❑ No
If you want to, you can chose to enter your name and contact information into a draw for a prize. The prizes
include one $100 prepaid credit card, $50 prepaid credit cards and Tim Horton's gift cards. The information
you share for the draw will not be linked to your survey answers. By selecting yes you will be transferred to a
separate survey not linked to this one.
41. Do you want to enter your contact information into a draw for a prize?
❑ Yes
❑ No
.............. i.............................................................................................................................................................................................
Pag 3�`� of��47
CONFIRMATION PAGE AFTER SUBMISSION:
Your responses have been submitted. Thank you completing this survey and for helping to make a difference
in your community.
We will share the results of this and other surveys at Intl„,,t„rf„1,cii„r�rt„C,i„i,rgi,rgi„gi„irt,u„i„ur y„„
If you would like to receive the STELIP quarterly newsletter, an update on local immigration and newcomer
related upcoming events, information and resources in St. Thomas and Elgin County, you can subscribe at
For newcomers looking for information and resources, the YWCA St. Thomas -Elgin offers settlement services.
One of the newest programs available is called "Canada Connects." Canada Connects matches newcomers to
Canada with more established community members to help newcomers make connections in the community,
practice English and learn about life in Canada. If you would like to learn more about the Canada Connects
program or other settlement services offered by the YWCA, please contact 519-631-9800 or
email settlement@ywcaste.ca . The application form for volunteer mentors is also available on the YWCA's
website:.h:tt.p:`�.:.//.Y.... .:.: :'..:.:./vc l u.rg:.'.:'..
l�; I' 'r I 4 M A $ , ti. 1. (j 1 4
Local lmmicyrafioi-i f'artnership
Cost of Living Finding Healthcare Finding Work
Affordable Housing Better programs for Employer education on
immigrants to find work hiring immigrants
Refugee Clafinants
Respondents were asked to select three
challenges and Ipossible solutions.
Funded by: Finano6 par :
Immigration, Rehigees Immigiration, F(OfugiOs
Page 320 of 347 and Citizenship Canada et Citoyenne16 Canada
IN,
nds
December 06, 2023
The Association of Municipalities of Ontario
200 University Ave., Suite 801
Toronto, Ontario M5H 3C6
Sent via email: resolutions@amo.on.ca
Attention: Colin Best, President
Dear Mr. Best
Re: Grey Hiahlands Resolution #2023-964
Please be advised that the following resolution was passed at the December 06, 2023 meeting of
the Council of the Municipality of Grey Highlands.
2023-964
Whereas the Enbridge Gas has shared with Grey Highlands key messages
regarding the Ontario Energy Board's Leave to Construct (LTC) process,
entitled "reducing red tape for more cost-effective, timely energy connections
in Ontario"; and
Whereas Grey Highlands supports and wishes to endorse the recommendations
put forward by Enbridge Gas in order to expedite the installation of natural gas
to rural, remote or underserved communities such as Grey Highlands; now
Therefor be it resolved that the Municipality of Grey Highlands petition the
Ontario Government to expedite the implementation of the following
recommendations:
i) THAT the Government of Ontario move to modernize the Ontario Energy
Board's (OEB) Leave to Construct (LTC) process for smaller pipeline
projects in order to bring reliable, affordable energy options to
communities, homes and businesses in a more cost-effective and timely
manner.
ii) THAT the LTC cost threshold be updated from $2M to $10M for
hydrocarbon lines (by amending Ontario Regulation O.Reg.328/03) while
maintaining current requirements and expectations for Indigenous
consultation and environmental review for projects greater than $2M and
less than $10M.
iii) THAT these outdated regulations are causing the LTC to apply far more
broadly than intended when it was established over 20 years ago due to
The Municipality of Grey Highlands
206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario NOC 1HO
519-986-2811 Toll -Free 1-888-342-4059 Fax 519-986-3643
www.greyhighlands.ca info@greyhighlands.ca
Page 321 of 347
increased regulatory and cost pressures, as well as inflation, virtually all
gas pipeline projects are now greater than $2M rendering the threshold
meaningless.
iv) THAT roughly 0.5 KM pipe in urban settings now often exceeds the $2M
threshold.
v) THAT modernizing these outdated regulations would reduce delays and
costs for economic development initiatives including transit projects,
community expansion projects, housing developments, connections for
low carbon fuel blending (e.g., renewable natural gas, hydrogen) as well
as residential and business customer connections.
vi) THAT based on OEB's performance standards, this proposal would save
approx. 5-7 months of regulatory process which is in addition to the time
needed to undertake Indigenous consultation and environmental review
and prepare an application to the OEB.
vii) THAT the cost of preparing and having a LTC application heard ranges
from approx. N$50,000 to N$200,000, which is passed on to customers.
viii) THAT while no cost -based threshold exists for electricity lines, there
are a range of exemptions ensuring that LTC is only required for
significant electricity projects and the proposed changes would help
ensure that, consistent with electricity projects, LTC for hydrocarbon lines
would only be required for significant projects.
ix) THAT increasing the cost threshold to $10M would closer align Ontario
with other Canadian jurisdictions (e.g., in B.C., these thresholds are $15M
for electricity and $20M for natural gas); and
That this resolution be circulated to the President of AMO, Colin Best, Premier
Doug Ford, the Minister of Energy, Todd Smith, The Minister of Finance, Peter
Bethlenfalvy and all regional municipalities requesting support of the proposed
changes regarding reducing red tape for more cost-effective, timely energy
connections in Ontario.
CARRIED.
If you require anything further, please contact this office.
Sincerely,
rI 1
Amanda Fines-VanAlstine
Manager of Corporate Services/Deputy-Clerk
Municipality of Grey Highlands
CC. Premier Doug Ford
Minister of Energey Todd Smith,
Minister of Finance, Peter Bethlenfalvy
All municipalities in Ontario
The Municipality of Grey Highlands
206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario NOC 1H0
519-986-2811 Toll -Free 1-888-342-4059 Fax 519-986-3643
www.greyhighlands.ca info@greyhighlands.ca
Page 322 of 347
,�iil IIIIII
Goa:vvt 7i,'3'iiouiiq.. tic) 5lhof�i ofe
December 14, 2023
The Hon. Prabmeet Sarkaria
Minister of Transportation
Via email: ir7rnuir�us V�,ir r7rnV,�(x��ir�V:;:ru�� a:
Dear Minister Sarkaria:
Subject: Highway 401 Median Barrier Construction
Darrin Canniff
Mayor/CEO
P 519-436-3219
ckmayor@chatham-kent.ca
In a recent meeting, staff of the Ministry's Transportation Infrastructure Management
Division provided an update to municipal staff on upcoming MTO projects in or near
Chatham -Kent. We wish to thank you and your staff for the ongoing dialogue between our
organizations.
During this meeting, Ministry staff noted that the timing for design and construction of
Phase 2 of the Tilbury to London Highway 401 expansion is currently undetermined but is
beyond the timeframe of the 2022-2025 Southern Highways Program.
This information was brought before Chatham -Kent Council on October 16, 2023; in
response, Council passed the following motion:
Whereas since the median barrier construction has begun, fatal
crossover collisions are being prevented;
And whereas the concrete median barrier that exists between Windsor
and Merlin and London eastward have proven to eliminate fatal
crossover collisions;
And whereas concrete median barriers protect Police, Fire, EMS and
tow truck drivers from oncoming traffic when responding to collisions
on the 401;
Therefore, I move that a response letter be sent to the Ontario Ministry
of Transportation to request that concrete median barrier installation
is expedited and a specific timeline is provided to the municipality and
all relevant stakeholders as soon as possible.
This letter to be circulated to all neighbouring municipalities and
emergency services along this section of the 401 corridor, AMO, ROMA,
and OGRA requesting their support.
On behalf of the Municipality of Chatham -Kent, I request that the Ministry expedite the
Cont'd...
www Illh,°ui "'fIllh°uu iiii ....III<:eiii°°iii"'f o°i Page 323 of 347 ul @1 @iiir.iuiii ar lii IIK
2
design and construction work needed to extend the concrete median barrier on Highway
401 from where it currently ends near Tilbury easterly through Chatham -Kent and ultimately
making it continuous to London. I also request that a specific timeline for this work be
identified and provided. The safety benefit that this project would provide is of great
importance to Chatham -Kent and its residents.
In accordance with the direction of our Council, this letter will be shared with the
organizations and municipalities listed below.
Thank you for the ongoing cooperation and dialogue between your Ministry and the
Municipality of Chatham -Kent. We look forward to further dialogue on this and other
projects.
Sincerely,
4
Darrin Canniff, Mayor/CEO
Municipality of Chatham -Kent
C: Colin Best, President, Association of Municipalities of Ontario
Robin Jones, Chair, Rural Ontario Municipal Association
John Parsons, President, Ontario Good Roads Association
Hilda MacDonald, Warden, County of Essex
Ed Ketchabaw, Warden, County of Elgin
Aina DeViet, Warden, County of Middlesex
Aina DeViet, Mayor, Municipality of Middlesex Centre
Mike Hentz, Mayor, Municipality of Dutton Dunwich
Richard Leatham, Mayor, Municipality of West Elgin
Tracey Bailey, Mayor, Municipality of Lakeshore
S/Sgt. Brad Coulbeck, Detachment Commander, Chatham -Kent Detachment, Ontario
Provincial Police
Insp. Jennifer Neamtz, Detachment Commander, Elgin County Detachment, Ontario
Provincial Police
Jeff Brooks, General Manager, Chatham -Kent EMS
Stephen Van Valkenburg, General Manager, EMS Elgin Ontario
Chief Neal Roberts, Middlesex -London Paramedic Service
Jeff McArthur, Fire Chief, Municipality of West Elgin
Colin Shewell, Fire Chief, Dutton Dunwich Volunteer Fire Department
Colin Toth, Director of Emergency Service and Fire Chief, Municipality of Middlesex
Centre
Don Williamson, Fire Chief, Municipality of Lakeshore
WWW cIll 1'ii11 afIllh°°'iiu iiii iui .....IIII °: iiii iu f cia Page 324 of 347 Vu iiir°gym iii. lii c IIII
19 HoHand and Rd W. RR.41
Kakabeka Falls, ON P01'"MC
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On December 19" 2023, Council passed the following resolution at its regular meeting:
RESOLUTION 2023-0247
Moved by Councillor Arnold
Seconded by Councillor Halvorsen
WHEREAS duly elected Officials of a Municipality, or a Township are expected to be above
reproach and to conduct themselves with integrity, truth, justice, honesty, transparency
and courtesy.
AND WHEREAS there are people of dubious character who have a Criminal Record, having
been convicted of a Federal Offence of any of the Federal Statutes of Canada, but not limited
to the Criminal Code or Narcotic Control Act, who are currently on Council of a Municipality
or have let their name stand for election for Mayor, Reeve or Councillor as a municipal
candidate.
NOT WITHSTANDING the provisions of the Ontario Human Rights Code
THEREFORE BE IT RESOLVED that the Township of Conmee lobby the Provincial
Government to amend The Municipal Act and Municipal Elections Act, as may be, so that
people with a criminal record who have not had their record pardoned from the RCMP Data
Base by order of the Governor General of Canada, be prohibited from becoming a candidate
in municipal elections or holding office in municipal council
AND THAT an elected local government official be disqualified from office upon conviction
of a criminal offense and must resign
AND THAT Council of the Township of Conmee direct the Clerk to send a copy of this
resolution to the Ontario Premier Doug Ford, Attorney General Doug Downey, Solicitor
General Michael Kerzner, Minister of Municipal Affairs Paul Calandra, MPP Kevin Holland,
MPP and Leader of the Official Opposition Marit Stiles, MPP and Critic of the Attorney
General Kristyn Wong -Tam, MPP and Critic of Solicitor General John Vanthof, MPP and
Critic of Municipal Affairs Jeff Burch, Association of Municipalities of Ontario, Rural Ontario
Page 325 of 347
119 HoHand Rd W. RR.41
Kakabeka Falls, ON PUT MC
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Municipal Association, Northern Ontario Municipal Association, Thunder Bay District
Municipal League, and all Ontario municipalities
CARRIED
Page 326 of 347
K�11L 111 WY0] = 110I 0I
By -Law No. 23-43
"BEING A BY-LAW TO PROVIDE FOR THE INDEMNITY AND DEFENCE OF
MEMBERS OF COUNCIL, MEMBERS OF LOCAL BOARDS AND EMPLOYEES OF
THE COUNTY AGAINST LOSS OR LIABILITY INCURRED WHILE ACTING ON
BEHALF OF THE COUNTY"
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that the powers of a municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to govern;
AND WHEREAS Section 223.3 of the Municipal Act, 2001 provides that a municipality
shall indemnify the Integrity Commissioner or any person acting under the instructions
of that officer for costs reasonably incurred by either of them in connection with the
defence of a proceeding if the proceeding relates to an act done in good faith in the
performance or intended performance of a duty or authority under this Part or a by-law
passed under it or an alleged neglect or default in the performance in good faith of the
duty or authority;
AND WHEREAS s. 279(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that despite the Insurance Act, a municipality may be or act as an insurer and
may exchange with other municipalities in Ontario reciprocal contracts of indemnity or
inter -insurance in accordance with Part XI I I of the Insurance Act with respect to the
following matters:
1. Protection against risks that may involve pecuniary loss or liability on the part of
the municipality or any local board of the municipality.
2. The protection of its employees or former employees or those of any local board
of the municipality against risks that may involve pecuniary loss or liability on the
part of those employees.
3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of
the members or former members of the council or of any local board of the
municipality or any class of those members against risks that may involve
pecuniary loss or liability on the part of the members.
4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any
damages or costs awarded against any of its employees, members, former
employees or former members or expenses incurred by them as a result of any
action or other proceeding arising out of acts or omissions done or made by them
in their capacity as employees or members, including while acting in the
performance of any statutory duty.
5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any
sum required in connection with the settlement of an action or other proceeding
referred to in paragraph 4 and for assuming the cost of defending the employees
or members in the action or proceeding;
AND WHEREAS Section 283(1) of the Municipal Act, 2001, as amended, provides that
municipalities may pay any part of the remuneration and expenses of the members of
any local board of the municipality and the officers and employees of the local board;
AND WHEREAS Section 283(2) of the Municipal Act, 2001 as amended, provides that
a municipality may only pay the expenses of members of council, local boards,
employees, and officers if the expenses are of those persons in their capacity as
members, officers or employees, among other considerations;
Page 327 of 347
AND WHEREAS s. 448(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that no proceeding for damages or otherwise shall be commenced against a
member of council or an officer, employee or agent of a municipality or a person acting
under the instructions of the officer, employee or agent for any act done in good faith in
the performance or intended performance of a duty or authority under this Act or a by-
law passed under it or for any alleged neglect or default in the performance in good faith
of the duty or authority;
AND WHEREAS s. 448(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that s. 448(1) does not relieve a municipality of liability to which it would
otherwise be subject in respect of a tort committed by a member of council or an officer,
employee or agent of the municipality or a person acting under the instructions of the
officer, employee or agent;
AND WHEREAS Section 8 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.
50, as amended, allows an elector, an Integrity Commissioner of a municipality or a
person demonstrably acting in the public interest to apply to a judge for a determination
of the question of whether a member, or former member, has contravened section 5,
5.1, 5.2, or 5.3 of the Municipal Conflict of Interest Act;
AND WHEREAS s. 14 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as
amended, states that despite section 279 of the Municipal Act, 2001, the council of
every municipality may at any time pass by-laws, despite the Insurance Act, to enable
the municipality to act as an insurer to protect a member of the council or of any local
board thereof who has been found not to have contravened section 5, 5.1, 5.2, or 5.3
against any costs or expenses incurred by the member as a result of a proceeding
brought under the Municipal Conflict of Interest Act, and for paying on behalf of or
reimbursing the member for any such costs or expenses;
AND WHEREAS the Council of The Corporation of the County of Elgin finds that it is in
the public interest to ensure that Eligible Persons acting in good faith to perform their
duties are indemnified against the costs of Legal Proceedings;
NOW THEREFORE the Council of the Corporation of the County of Elgin ENACTS AS
FOLLOWS:
1. SHORT TITLE
1.1 This by-law may be cited as the "Indemnification By-law" for the Corporation of
the County of Elgin.
2. DEFINITIONS
In this by-law:
2.1 "Board" means a local board of the County, as defined in the Act.
2.2 "Chief Administrative Officer" means the Chief Administrative Officer of the
County, the delegate thereof, or any person to whom the powers thereof are
delegated by Council for the purposes of this by-law.
2.3 "Code Complaint" means a formal or informal complaint made to the Integrity
Commissioner pursuant to the County's Code of Conduct and includes an
inquiry under section 223.4 or 223.4.1 of the Municipal Act, 2001.
2.4 "Council" means the Council of the County.
2.5 "County" means the Corporation of the County of Elgin.
2.6 "Eligible Person" means any of the following persons of the County:
2.6.1 a current or former member of Council;
2.6.2 a current or former member of a local board;
2.6.3 the current or former Integrity Commissioner, including any person
acting under the instructions of the Integrity Commissioner; and
2.6.4 current or former employees.
2.7 "Employee" means any salaried officer or any other person in the employ of the
County or of a Board.
2.8 "Former Employee" means a person who was formerly an employee of the
County or a Board.
2.9 "Former Member" means a person who was formerly a Member.
Page 328 of 347
2.10 "Legal Proceeding"
2.10.1 means:
2.10.1.1 a civil proceeding or administrative action, including but not
limited to an action, application, motion, hearing, trial;
2.10.1.2 a proceeding wherein a person is charged with an offence
under the Criminal Code, R.S.C. 1985, c. C. 46 or the
Highway Traffic Act, R.S.O. 1990, s. H.B; or
2.10.1.3 a proceeding brought under section 8 of the Municipal Conflict
of Interest Act, R.S.O. 1990, c. M. 50, as amended (the
"MCIA"); or
2.10.1.4 a Code Complaint; or
2.10.1.5 a complaint to a professional association;
2.10.2 But excludes:
2.10.2.1 any proceeding commenced by the County;
2.10.2.2 any proceeding in which the County is a party adverse in
interest, including municipal parking and traffic by-laws. For
greater certainty, this section does not prevent indemnification
of Members of Council and Local Boards in the context of a
proceeding brought under the MCIA, subject to the restrictions
at s. 14 of the MCIA; or
2.10.2.3 any proceeding under the Municipal Elections Act, 1996, S.O.
1996, c. 32, Sched., as amended.
2.11 "Member" means a person who is a member of the Council or of a Board.
3. EXCLUSIONS
3.1 This by-law does not apply to:
3.1.1 any Legal Proceeding in which the County is an adverse party to the
otherwise Eligible Person;
3.1.2 any Legal Proceeding in which the interests of the otherwise Eligible
Person are adverse to the County's interests, including where the County
has made a complaint that is the basis for the Legal Proceeding;
3.1.3 any Legal Proceeding that relates to a grievance filed under the provisions
of a collective agreement or to disciplinary action taken by the County as
an employer;
3.1.4 any Legal Proceeding arising from a Code of Conduct enacted pursuant to
section 223.2 of the Municipal Act, 2001;
3.1.5 any Legal Proceeding resulting from any dishonest, bad faith, fraudulent
or criminal act committed by an individual, including an otherwise Eligible
Person, including abuse of public office. For clarity, this exclusion does not
apply to an Eligible Person who did not participate in such act and who did
not have personal or constructive knowledge thereof;
3.1.6 any Legal Proceeding resulting from an alleged offence pursuant to the
Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended or replaced;
3.1.7 any Legal Proceeding resulting from an individual, including an otherwise
Eligible Person, gaining a personal profit or advantage to which he or she
was not legally entitled, or the return by the Eligible Person of any money
paid to him or her, if payment of such money is held to be in violation of
law;
3.1.8 any Legal Proceeding relating to conduct which falls outside the scope of
the Eligible Person's duty or authority, unless the Eligible Person was
acting in good faith and held an honest and reasonable belief that the
conduct was within his or her duty or authority and was in the best interest
of the County;
3.1.9 any Legal Proceeding involving sexual misconduct, harassment, or
bullying. For clarity, this exclusion does not apply to an Eligible Person
who did not participate in such act and who did not have personal or
constructive knowledge thereof, nor to an Eligible Person who is a victim
of such act;
3.1.10 any Legal Proceeding that relates to defamation. For clarity, this exclusion
does not apply to an Eligible Person who is the victim of defamation;
Page 329 of 347
3.1.11 any Legal Proceeding that relates to section 5, 5.1, 5.2 or 5.3 of the MCIA,
except where the Eligible Person has been found not to have contravened
sections 5, 5.1, 5.2 and 5.3 of the MCIA.; and,
3.1.12 any expenses incurred by an Eligible Person in obtaining personal legal
advice to determine whether the Eligible Person has a pecuniary interest
in a matter which is the subject of a determination or consideration by
Council or a Board as defined herein;
4. INDEMNIFICATION
Subject to the exclusions, exceptions, and other terms set out in this by-law, the County
shall indemnify an Eligible Person in the manner and to the extent provided by this by-
law in respect of any legal proceeding, including appeals, initiated by a third party for:
4.1 Acts, errors or omissions arising out of the scope of the Eligible Person's
authority or duty or within the course of an Individual's employment or office if:
4.1.1 the Eligible Person was acting within the individual's scope of authority or
duty;
4.1.2 the Eligible Person acted honestly and in good faith; and
4.1.3 in the case of administrative action or proceeding that is enforced by a
monetary penalty, the Eligible Person had reasonable grounds for
believing that his or her conduct was lawful;
4.2 acts or omissions relating to the conduct which falls outside of the Eligible
Person's duty or authority, provided that:
4.2.1 the Eligible Person was acting in good faith and held an honest and
reasonable belief that the conduct was within his or her duty or authority
and was in the best interest of the County; and
4.2.2 in the case of administrative action or proceeding enforced by a
monetary penalty, the Eligible Person had reasonable grounds for
believing that his or her conduct was lawful.
4.3 In the event that any determination is required as to whether an Eligible Person
meets the requirements of this section, the Director of Legal Services shall
provide a legal opinion in that regard, which shall include advice on any terms
and conditions that should apply to the indemnification of an Eligible Person. In
circumstances where the Director of Legal Services is unable to provide such an
opinion, in the Director's own discretion, then the Director of Legal Services may
obtain such an opinion from external legal counsel.
4.4 For clarity, services provided by an Eligible Person to a third party pursuant to a
shared services agreement between the County and the third party are intended
to be indemnified by the County under this by-law, subject to the same
conditions and limitations expressed herein.
5. MANNER AND EXTENT OF INDEMNIFICATION
5.1 Subject to Section 5.2, the County shall indemnify an Eligible Person who meets
the requirements of Section 4 of this by-law by:
5.1.1 assuming the reasonable cost of defending such Eligible Person in a
Legal Proceeding;
5.1.2 paying any damages or costs, including a monetary penalty, awarded
against such Eligible Person as a result of a Legal Proceeding;
5.1.3 paying, either by direct payment or by reimbursement, any expenses
reasonably incurred by such Eligible Person as a result of a Legal
Proceeding; and
5.1.4 paying any sum required in connection with the settlement of a Legal
Proceeding;
5.2 Notwithstanding any other provision in this by-law, the County will only
indemnify an Eligible Person to the extent that costs, damages, expenses, or
sums are not assumed, paid, or reimbursed under any provision of the County's
Insurance program or any other insurance program for the benefit and
protection of such Individual against liability. The provisions of this by-law are
intended to supplement the protection provided by such policies of insurance;
accordingly, in the event of conflict between this by-law and the terms of such a
policy of insurance, the terms of the policy of insurance shall prevail.
Page 330 of 347
5.3 Except where an applicable policy of insurance requires otherwise, Council shall
have the right to approve or reject the settlement of any indemnified Legal
Proceeding.
6. PROVISION OF LEGAL COUNSEL
6.1 The County shall have the right to select and retain the lawyer to represent an
Eligible Person, having regard to whether the lawyer has the expertise and can
provide the commitment of time and resources required, and the Chief
Administrative Officer shall:
6.1.1 advise such Eligible Person of the lawyer selected to represent them;
and
6.1.2 advise Council of the final disposition of the matter.
6.2 Subject to the provisions of this Section, an Eligible Person may request
approval to be represented by the lawyer of the person's choice by writing to the
Chief Administrative Officer. The Chief Administrative Officer shall, in
consultation with the Director of Legal Services, within ten (10) days of receipt of
the request, either approve or deny the request and advise the person in writing
of such decision.
6.3 The County shall be provided with copies of the lawyer's statements of account
on a monthly basis. Statements of account shall outline all fees and
disbursements and shall be provided with information relating to these accounts,
as may be requested from time to time, in order to determine reasonableness of
the account before any payment is made.
6.4 The County may, through a decision of Council, require that an account for
reimbursement be assessed by a Court Assessment Officer, where applicable.
6.5 Notwithstanding any other provision of this by-law to the contrary, any lawyer
retained by the County's insurers from time to time to defend the County in any
Legal Proceeding shall represent an Eligible Person with respect to that
Proceeding unless the County instructs otherwise.
7. RIGHTS OF THE COUNTY
7.1 Decision -making authority under this by-law, including the authority to execute
necessary documents on behalf of the County in order to give effect to this by-
law, is designated to the Chief Administrative Officer, except where otherwise
specified. When exercising delegated authority, the Chief Administrative Officer
shall have regard to the potential costs to the County of a decision and shall
seek Council's approval for decisions with financial implications in excess of the
Approval Authority of the Chief Administrative Officer under the County's by-law
Respecting the Procurement of Goods and Services, as amended from time to
time.
7.2 Nothing in this by-law shall prevent the Chief Administrative Officer from
bringing a report to Council to seek direction on any matter related to
indemnification under this by-law.
7.3 The County may refuse to indemnify an Eligible Person or his or her lawyer for
steps taken in a Legal Proceeding that are, in the sole discretion of the County,
deemed unnecessary, inadvisable, or otherwise prejudicial to the conduct of the
Legal Proceeding.
7.3.1 For clarity, "steps taken in a Legal Proceeding" in this section includes,
but is not limited to, counterclaims, crossclaims, third party claims,
settlement offers, demand letters, motions, applications, and alternative
dispute resolution.
7.3.2 An Eligible Person or his or her lawyer may seek the approval of the
County prior to taking discretionary steps in a Legal Proceeding by
making a request in writing to the Chief Administrative Officer. Such
request must:
7.3.2.1 be provided with reasonable notice;
7.3.2.2 state the potential benefit of said step; and
7.3.2.3 estimate the cost to the County of said step.
Upon receipt of such a request, the Chief Administrative Officer shall
either:
7.3.2.4 approve or deny the request; or
Page 331 of 347
7.3.2.5 determine a decision -making process that must be followed
to approve or deny the request, which may include
presenting the issue to Council or seeking a further legal
opinion.
The Chief Administrative Officer shall convey their decision to the
Eligible Person or their lawyer in writing within ten (10) days of the
receipt of the request, having regard to any urgency associated with
the request. The Chief Administrative Officer shall, in the event that
further steps must be taken:
7.3.2.6 communicate the decision -making process to be followed;
7.3.2.7 list the reasonable steps that the County will take to ensure
that the rights of the Eligible Person are not prejudiced by the
decision -making process, and
7.3.2.8 provide a timeline for the final determination of the request.
7.4 Notwithstanding any other provision of this By -Law, Council may, at any time:
7.4.1 determine that a person is ineligible for indemnification under this by-
law; or
7.4.2 set a cap on the indemnification to be provided under this by-law.
8. APPLICATION FOR INDEMNIFICATION AND DUTY TO CO-OPERATE
8.1 Where an Eligible Person is served with any process issued out of or authorized
by any court, administrative tribunal or other administrative, investigative or
quasi-judicial body, other than a subpoena, in connection with any Legal
Proceeding the person shall forthwith deliver the process or a copy thereof to
the Chief Administrative Officer.
8.2 An Eligible Person involved in any Legal Proceeding shall co-operate fully with
the County, the Chief Administrative Officer and any lawyer retained by the
County to defend such Legal Proceeding, shall make available to the Chief
Administrative Officer or such lawyer all information and documentation relevant
to the matter as are within his or her knowledge, possession or control, and
shall attend at all proceedings when requested to do so by the Chief
Administrative Officer or such lawyer.
8.3 Notwithstanding any other provision of this by-law to the contrary, if a person
fails or refuses to comply with the provisions of this by-law, the County shall not
be liable to assume or pay any of the costs, damages, expenses or sums arising
from the Legal Proceeding and shall not be subject to the obligations of this by-
law.
9. REIMBURSEMENT
9.1 Where an Eligible Person is indemnified pursuant to the provisions of this by-
law, the amount of the indemnity shall be reduced by the amount of any costs
recovered by the Eligible Person and, where the indemnity has been paid, any
costs recovered by the Eligible Person shall be paid or assigned to the County
up to the amount of the indemnity.
10. APPEALS
10.1 Where an Eligible Person seeks to appeal a judgment in a Legal Proceeding
and wishes the County to indemnify the costs of that appeal, the County shall
have the sole discretion to determine whether that appeal should be pursued
and to what extent the costs of the appeal will be indemnified.
10.2 If an Individual pursues an appeal without representation by the County and is
successful in that appeal:
10.2.1 the County shall have the sole discretion to determine whether the
Individual shall be retroactively indemnified for his or her legal fees;
10.2.2 the County shall have the right to recoup legal fees paid in any costs
awards for indemnified Legal Proceedings that were appealed; and
10.2.3 the County shall have the right to recoup any costs awards for legal fees
in indemnified proceedings awarded by the body hearing the appeal.
11. EXCEPTION: DUTY TO THIRD PARTY UNDER SHARED SERVICES
AGREEMENT
11.1 In the event that a proceeding arises against an Eligible Person:
Page 332 of 347
11.1.1 concerning an action or omission that occurred in the course of the
Eligible Person's work for a third party under a shared services
agreement; and
11.1.2 a term, condition, or limitation of this by-law, including conditions
expressed at Section 6.5 and 8 herein, would violate the confidentiality
conditions of the work for the third party, including but not limited to
conditions of the shared services agreement; any professional obligation
of the Eligible Person to the third party imposed by a regulatory body; or
the Solicitor -Client privilege of the third party; then,
the term, condition, or limitation that would constitute or impose a violation is of
no force and effect and:
11.1.3 The Chief Administrative Officer of the County or their delegate shall, in
consultation with the Eligible Person, the third party, and, as applicable,
the legal counsel for the County, the Eligible Person, and/or the third
party, propose alternate terms, conditions, or limitations that conform with
the stated intent of this by-law as well as the intent(s) of the void terms,
conditions, or limitations; and
11.1.3.1 Said alternate terms, conditions, or limitations shall be
presented to Council for approval prior to any disbursement of
an indemnification.
11.2 The County may, pursuant to s. 279 of the Municipal Act, exchange with other
municipalities in Ontario reciprocal contracts of indemnity or inter -insurance. In
the event that such a reciprocal contract contains provisions that indemnify an
Eligible Person under this by-law, the terms of that reciprocal contract supersede
those of this by-law to the extent that a conflict exists.
12. SEVERABILITY
12.1 If any sections, section or part of a section of this by-law are found by any Court
to be illegal or beyond the power of Council to enact, such sections or section or
part of a section shall be deemed to be severable and all other sections or parts
of sections of this by-law shall be deemed to separate and independent and shall
continue in full force and effect.
READ A FIRST AND SECOND TIME ON THIS 28th DAY OF NOVEMBER, 2023.
READ A THIRD TIME AND FINALLY PASSED ON THIS 9th DAY OF JANUARY,
2024.
Blaine Parkin Ed Ketchabaw
Chief Administrative Officer/Clerk. Warden.
Page 333 of 347
COUNTY OF ELGIN
By -Law No. 23-44
"BEING A BY-LAW TO DELEGATE AUTHORITY TO OFFICERS AND EMPLOYEES OF THE
CORPORATION OF THE COUNTY OF ELGIN"
WHEREAS Section 2 of the Municipal Act, 2001, S.O. 2001, c. 25., (the Municipal Act) states
that the purpose of municipality is to be a responsible and accountable government with respect
to matters within its jurisdiction and each municipality is given powers and duties under the
Municipal Act, and other Acts of the legislature for the purpose of providing good government
with respect to those matters;
AND WHEREAS Section 5(3) of the Municipal Act sets out that a municipal power, including a
municipality's capacity, rights, powers and privileges under section 9, shall be exercised by by-
law unless the municipality is specifically authorized to do otherwise;
AND WHEREAS Section 23.1 of the Municipal Act authorizes a municipality to delegate its
powers and duties subject to certain limitations;
AND WHEREAS section 227(c) of the Municipal Act states that it is the role of the officers and
employees of the municipality to carry out duties required and assigned by the municipality
AND WHEREAS section 270(1) of the Municipal Act provides that a municipality shall adopt and
maintain a policy with respect to the delegation of its powers and duties;
AND WHEREAS it is deemed expedient to delegate authority from Council to the officers and
employees of the municipality for the purpose of providing responsible, accountable, good and
efficient governance of Elgin County;
NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts as follows
1. This By -Law may be referred to as the "Delegation of Authority By -Law .
2. Authority is delegated to specified officers and employees to act, subject to limits and
restrictions, as described in Schedule "A" attached hereto. Schedule "A" hereto forms
part of this By -Law.
3. Subject to section 4, any delegated authority is granted only to the officer or employee
holding the corresponding officer or employee position listed under the "Delegation"
column in Schedule "A" and includes any officer or employee holding that position on a
permanent, temporary or acting basis. In addition, the delegation is also granted to the
corresponding officer or employee's supervisor, and each supervisor above that position
in the corporate structure, up to and including the Chief Administrative Officer.
4. Where any delegation of authority to any officer or employee or their supervisor is not
permissible at law, such as in an instance where a professional qualification or licence is
required to exercise the authority, then the delegation is deemed not granted to that
officer or employee or their supervisor but does not affect the delegation of authority to
any other officer or employee or their supervisor.
5. The Chief Administrative Officer is authorized to further delegate and to authorize further
delegations of any powers, duties, functions, and appointments delegated to the Chief
Page 334 of 347
Administrative Officer by Council under this or any other by-law or resolution to any
Director of the County, provided such delegations are in writing.
6. Unless the delegation includes specific language to the effect that the delegated
authority may be further delegated to a designate, and subject to section 5, no further
delegation of the authorities contained herein is permitted without Council approval,
either with respect to the authority and limits of the delegation or the persons to whom
the delegation is granted.
7. The Chief Administrative Officer is hereby authorized to resolve any conflict or ambiguity
regarding the individual or individuals of the County authorized to exercise any
delegation and implement any protocol necessary to give effect to the delegation.
8. Where delegated authority involves the expenditure of funds and/or commitment of
resources, the delegated authority must adhere to Elgin County's procurement by-law(s),
policies and procedures as may be in force from time to time. Nothing in this by-law shall
modify the purchasing authority delegated in such procurement by-law(s), policies and
procedures.
9. Officers and employees with delegated authority under this By -Law shall exercise their
authority responsibly and shall be accountable and responsible for their actions and
decisions.
10. If an officer or employee has a conflict of interest related to a delegated authority then
the officer or employee must not exercise their delegated authority and must report the
conflict of interest to their supervisor as soon as practicable.
11. This By-law does not diminish, restrict or reduce any authority delegated to any officer or
employee by any other resolution, By-law, statute, regulation or otherwise provided at
law.
12. Signing authority delegated by this By -Law may be signed by written, engraved, printed,
lithographed means, which may include any electronic means or measurers or otherwise
reproduced signatures provided that electronic signatures are affixed in compliance with
County policies as may be in force from time to time.
13. Each section this By -Law, including its Schedule(s), is an independent section or part of
a section, and the holding of any section or part thereof to be void or ineffective for any
cause shall not be deemed to affect the validity of any other sections or parts thereof.
14. Nothing in this By -Law shall be deemed, understood or interpreted to delegate or
attempt to delegate any of the powers that a Council is restricted, in whole in part, from
delegating pursuant to sections 23.2 and 23.3 of the Municipal Act.
READ A FIRST AND SECOND TIME ON THE 28th DAY of NOVEMBER, 2023.
READ A THIRD TIME AND FINALLY PASSED ON THIS 9th DAY of JANUARY, 2024.
Blaine Parkin,
Chief Administrative Officer/Clerk.
Ed Ketchabaw,
Warden.
Page 335 of 347
SCHEDULE "A"
A. All Departments
Description and Limitations
Delegation
1
Signing of agreements associated with the
Director (upon concurrence of
purchase of goods or services, subject to
Manager of Procurement) — not
the Procurement By -Law, approved budget,
exceeding $250,000
and review by Legal Services.
(RFQ/RFP/RFT);
Director (upon concurrence of
Manager of Procurement) — not
exceeding $50,000 (sole source
or single source);
Aligns with Procurement By -Law;
2
Signing of contracts which relate to
Director
renewals or amending agreements where
the original agreement was approved by
Council. The contract must be reviewed by
Legal Services and have a value that does
not vary more than $50,000 per year
compared to the original agreement and be
for a term less than four years.
3
Applying for grants and submitting resulting
Director, Director of Finance and
reports, and required funding applications.
CAO/Clerk
Where such documents create an obligation
on the County, then there must be a review
by Legal Services and the Chief
Administrative Officer. If there is an ongoing
financial impact to the County, then there
must be a review by the finance
de artment.
4
Service Agreements with public sector
CAO/Clerk
organizations or between internal County
entities.
5
Approve purchasing documents pursuant to
Director
the procurement by-law
6
Authority to enter into agreements and
Director, must consult with
make necessary reports for student funding
Director of Human Resources
programs
Page 336 of 347
B. Administrative Services
Description and Limitations
Delegation
1
Approve and implement administrative
CAO/Clerk
policies, procedures and practices in the
exercise of authority under section 229 of the
Municipal Act
2
Closing Roads in the event of an emergency
CAO/Clerk or Director of
Engineering
3
Settling legal disputes of a non -litigation
Director of Legal Services and
nature, including contract disputes, signing
affected Director of Department or
minutes of settlement or giving instructions to
CAO/Clerk, jointly — up to budgeted
the Director of Legal Services to execute
project amount
minutes of settlement, upon receiving
recommendations from legal counsel and
consulting with any affected Director
4
Authorizing use of County logos / trademarks
CAO / Clerk
5
Accepting and signing retainer agreements
Prosecutor, Director of Legal
for legal services provided under an
Services
authorized shared services agreement or on
a limited, file -specific basis to other public
entities with regard to prosecutions
6
Executing and filing any documents
CAO / Clerk and/or Director of
necessary for a legal proceeding including
Legal Services
but not limited to, issuing and signing
pleadings, accepting service of legal claims,
retaining external counsel provided that the
funds for external counsel is available within
an existing approved budget
7
Providing instructions to legal counsel
CAO / Clerk or Director of Legal
Services (the latter, where legal
counsel is external
8
Signing of easement agreements at nominal
Solicitor or Director of Engineering
cost to the County or as approved by Council
having consulted with a Solicitor
9
Objecting or consenting to land title
Solicitor
applications for absolute title where the
County is adjacent landowner.
10
Signing of transfers and acknowledgment
Solicitor or Director of Engineering
and directions for transfer of County property
having consulted with a Solicitor
as approved by Council, required by the
County under an Act (such as the Planning
Act).
11
Litigation at any Court, Commission, Tribunal,
Authority delegated to the Director
Board, Hearing or Arbitration, subject to the
of Legal Services to defend,
authority of insurance companies pursuant to
commence, manage, negotiate and
insurance policies
resolve any matter against or by
the County, Local Boards or
Committees.
Financial authority to settle:
Page 337 of 347
• Solicitor up to $35,000 (the
jurisdiction of the small
claims court);
• Director of Legal Services
and CAO/Clerk jointly: up to
$100,000, provided such
amount is within the
approved budget — if the
CAO/Clerk and Director of
Legal Services cannot
agree, Council must decide;
• Council, over $100,000;
12
Authority to carry out the functions of
CAO/Clerk, may be delegated by
designated Head pursuant to MFIPPA for
CAO/Clerk to Manager of
freedom of information access requests and
Legislative Services or the Director
protection of privacy
of Community and Cultural
Services or any Deputy Clerk;
13
Authority to make minor corrections to By-
Deputy Clerk;
laws. Limited to non -material matters (e.g.
paragraph numbering, spelling) and subject
to consultation with the Director of Legal
Services and CAO/Clerk
14
Authority to participate in consultations by
CAO/Clerk;
any level of government and provide
feedback on behalf of the County in
accordance with the County's existing
policies, frameworks, plans and/or priorities
15
Respond to media inquiries
Corporate Communications and
Engagement Coordinator or
Director as delegated by the CAO /
Clerk;
C. ENGINEERING SERVICES
Description and Limitations
Delegation
1
Approve and sign road permits including but
Director of Engineering, may be
not limited to new entrance permits,
delegated in writing by Director of
temporary access permits, culvert
Engineering within Engineering
installations, road occupancy permits,
Services;
oversize or overweight permits;
2
Approve and sign licence agreements and
Director of Engineering or
agreements permitting permanent
designate;
installation of approved utilities on County
property;
3
Authority to close roads in non -emergency
Director of Engineering or
situations
designate for special events;
Director of Engineering for
improvements, repair, demolition or
any other construction purposes or
otherwise;
Page 338 of 347
4
Authorize temporary speed reductions and
Director of Engineering or
approve appropriate si na a for same
designate;
5
Approve and execute encroachment
Director of Engineering, for existing
agreements on municipal land;
encroachments and where the
encroachment has no impact on
current or future use of right-of-
way(s)
6
Acquire land for road widening purposes
Director of Engineering, to a limit of
$50,000.00 for the purchase of
land and any cost must be part of
an approved budget
7
Designate truck routes and half -load roads
Director of Engineering or
designate;
8
Communicate conditions that should be
Manager within Engineering
opposed on behalf of the County to any
Services;
tannin authorit
9
Approve and sign service agreements with
Manager within Engineering
Hydro One or other utility provider to
Services, provided the cost of the
rovide electricity to new infrastructure
service is in an approved budget
10
Manage renovation, repair or other
Manager of Corporate Facilities
construction projects in County facilities and
approve and sign all documents for that
purpose within approved budget
D. FINANCE
Description and Limitations
Delegation
1
Open, maintain and close bank accounts as
Manager of Finance
re uired for municipal purposes
2
Issue and sign cheques, make payments
Manager of Finance
and transfer funds for municipal purposes.
Limited to items approved in annual budget
or as otherwise approved by Council
3
Enter into agreements for services with
Director of Finance
accountants or auditors for municipal
purposes
4
Require an accounting of funds from any
Any two of the CAO / Clerk,
employee or officer of the County including
Director of Finance, Director of
members of Council
Human Resources and the Director
of Legal Services, Council must be
informed as soon as practicable
5
Issue and sign donation receipts
Director of Finance
6
Apply for provincial and federal grants
Manager of Finance
7
Issue/post for bidding
Manager of Procurement
RFP/RFT/Procurement documents on
behalf of the Count
8
Authority to auction or sell County chattel
Manager of Procurement
property in accordance with County life -
cycle and other asset management policies
Page 339 of 347
E. INFORMATION TECHNOLOGY
Description and Limitations
Delegation
1
Approve and sign minor amendments to
Director of IT
Information Technology Services
agreements, including the purchase of
routine services and equipment, resulting
from changing business needs and
em to ee staffing changes
2
Approve and sign Data Use Agreement
Director of IT, requires consultation
with Director of Legal Services
3
Sign website and software Terms of Use
Director of IT, must consult with
and Licence Agreements provided they are
Manager of Procurement and
within budget and standard Terms of
Director of Legal Services on
Service
whether criteria is met
4
Authorize an audit of information technology
Any two of the Director of IT,
resources, including e-mail accounts and
Director of Human Resources, the
including forensic audits
CAO/Clerk and the Director of
Legal Services, Council must be
informed as soon as practicable
F. COMMUNITY AND CULTURAL SERVICES
Description and Limitations
Delegation
1
Authorize use of library facilities by
Supervisors
community organizations
2
Enter into program or performer agreements
Supervisors
3
Authority to perform the functions of the
Director of Community and Cultural
CEO of a Public Library Board as set out in
Services
the Public Library Board Act, including
representing Elgin County in associations,
committees or other industry organizations
related to library services
4
Approve, sign and submit all documents
Director of Community and Cultural
and reports necessary for the public
Services
libraries o erating grant
5
Sign for receipt of artifacts, pieces, art,
Museum Curator, archives staff, for
archival records or other objects for display
items of estimated value, inclusive
as part of a museum, archives or library
of ongoing maintenance cost(s), of
program
less than $25,000 and there is no
increase to annual approved
budget;
Museum Curator and Director of
Finance together, if estimated
value is more than $25,000,
inclusive of maintenance cost or
results in increase to annual
approved budget
Page 340 of 347
6
Authority to temporarily close library,
Director of Community and Cultural
museum and archive facilities due to
Services, must consult with
inclement weather, power disruptions or
CAO/Clerk
staffing issues;
7
Authority to accept donations and issue tax
Museum Curator, archives staff, for
receipts under the County Library's status
items of estimated value, inclusive
of ongoing maintenance cost(s), of
less than $25,000 and there is no
increase to annual approved
budget;
Museum Curator and Director of
Finance together, if estimated
value is more than $25,000,
inclusive of maintenance cost or
results in increase to annual
approved bud et
8
Authority and responsibility to retain and
All archives staff
destroy records in conformance with the
County's records retention policies
9
Authority to sign and submit reports related
Museum Curator
to the annual community museums
o eratin rant
Page 341 of 347
G. HOMES AND SENIOR SERVICES
Description and Limitations
Delegation
1
Approve and sign agreements, including
Director of Homes and Senior
grants, with the Province of Ontario or other
Services, must consult with legal
funding agencies to receive funds related to
services and finance department
the provision of Long -Term Care
2
Approve and Sign resident admission
Administrators
documentation
3
Approve and sign routine agreements with
Director of Homes and Senior
resident service providers
Services
4
Submitting routine or legislatively required
Administrators
reporting documents to the Province of
Ontario or any of its ministries
5
Create, approve and implement new
Director of Homes and Senior
programming for residents and seniors that
Services
does not create new obligations for the
County and is within an approved budget
6
Represent Elgin County in associations,
Director of Homes and Senior
committees or other industry organizations
Services
related to the provision of Long -Term Care
Homes
7
Approve, sign and implement policies,
Director of Homes and Senior
procedures and medical directives specific
Services
to Elgin County's Long -Term Care Homes
including those required by legislation,
regulation or for funding agreement
purposes
H. HUMAN RESOURCES
Description and Limitations
Delegation
1
Approve and sign agreements with
Director of Human Resources and
educational or training institutions for
affected Director of Department,
student or training placements
jointly
2
Approve and sign routine human resources
Director of Human Resources
documentation including but not limited to
performance management letters,
disciplinary letters, hiring letters, termination
letters;
3
Approve waiver of probationary period(s)
Director of Human Resources and
CAO/Clerk, joint)
4
Administration of benefits including: health,
Director of Human Recourses, in
dental, STD, LTD, WSIB and OMERS
consultation with the Director of
Finance
5
Authority over all claims management
Manager of Human Resources
documentation and Return to Work and
Accommodation documentation
Page 342 of 347
6
Authority to appeal any WSIB decision
Manager of Human Resources
7
Signing Minutes of Settlement in labour
Authority to manage and settle
relations disputes including grievances and
where there is no financial
matters referred to arbitration
implication — Manager of Human
Resources and member of
Management Team, jointly;
Authority to settle where there are
financial implications:
Director of Human Resources and
Director of affected department,
$50,000.00, on recommendation of
the Director of Legal Services,
must be within approved budget;
8
Authority to approve payment for
Authority to manage and settle
employment severances where specific
claims up to $50,000.00 — Director
amount not stipulated by contract
of Human Resources and
CAO/Clerk, acting jointly, must be
within approved budget,
9
Authority to litigate, manage and settle
Must consult with Director of Legal
complaints by employees to the Human
Services. Authority to settle claims
Rights Commission or Human Rights
up to $50,000.000 — Director of
Tribunal.
Human Resources and CAO/Clerk,
acting jointly, must be within
approved bud et;
10
Authority to approve Job Descriptions
Director of Human Resources and
Director of affected department,
acting jointly, unless the job
description is for a member of SLT,
in which event the authority is
delegated to the Director of Human
Resources and the CAO/Clerk,
acting jointly
11
Authority to access employee IT Files
CAO/Clerk, except legal services
shared services files
Director of Human Resources
(including at the request of any
other Director), except legal
services shared services files and
CAO/Clerk must be notified;
Page 343 of 347
K�11L 111 WY0] = 110l 0l
By -Law No. 24-01
"BEING A BY-LAW TO AMEND BY-LAW NO. 23-01, BEING A BY-LAW TO DEFINE
THE MANDATE AND MEETING PROCEDURES FOR COMMITTEES ESTABLISHED
BY THE CORPORATION OF THE COUNTY OF ELGIN"
WHEREAS the Municipal Act, 2001, S.O. 2001, c. M. 46, as amended ("Act"), and in
particular section 238 thereof, requires a municipal corporation to enact a procedure by-
law governing, among other things, the calling, place, and proceedings of meetings of its
Council and Committees;
AND WHEREAS Council for the Corporation of the County of Elgin previously enacted By -
Law No. 19-41, referred to as the Procedural By -Law, to satisfy the said requirement of the
Act with regard to Council;
AND WHEREAS the Council of the Corporation of the County of Elgin previously enacted
By -Law No. 23-01, referred to as the Committee By -Law, to define the mandate and
meeting procedures for Committees established by the Corporation of the County of Elgin;
AND WHEREAS the County of Elgin deems it necessary and appropriate to amend By -
Law No. 23-01, in particular Schedule F, providing provisions for the Council appointments
to Committees of Council and Local Boards for 2024;
NOW THEREFORE, the Corporation of the County of Elgin, by its Council, hereby enacts
as follows:
1. By -Law 23-01 is hereby amended by repealing Schedule F in its entirety and replacing
it with the following:
Schedule F — Council Appointments to Committees/Boards/Agencies
Committee
Committee
Appointed Members
Date of
Type
Appointment
A-1 —
Terrace Lodge
. Warden Ketchabaw
January 9, 2024
Standing
Redevelopment
. Councillor Widner
Committee
Steering
. Councillor Noble
Committee
. Councillor Coucku t
A-1 — Sub-
Terrace Lodge
. Councillor Giguere
January 9, 2024
Committee
Redevelopment
Fundraising
Committee
A-4 —
Human Resources
. Warden Ketchabaw
January 9, 2024
Standing
Committee
. Deputy Warden Jones
Committee
. Councillor Widner
• Councillor Sloan
A-5 —
Council Budget
. Warden Ketchabaw
January 9, 2024
Standing
Committee
. Deputy Warden Jones
Committee
. Councillor Sloan
• Councillor Hentz
B-1 —Advisory
Community Safety
. Warden Ketchabaw
January 9, 2024
Committee
and Well -Being
Integration Table
B-2 — Advisory
Elgin County
. Councillor Giguere
January 9, 2024
Committee
Museum Advisory
. Councillor Hentz
Committee
Page 344 of 347
Committee
Committee
Appointed Members
Date of
Type
Appointment
C-1 —
Rural
. Warden Ketchabaw
January 9, 2024
Legislated
Initiatives/Planning
. Councillor Leatham
Committees
Advisory
. Deputy Warden Jones
Committee
. Councillor Widner
D-1 —
Southwestern
. Deputy Warden Jones
January 9, 2024
Agencies and
Public Health —
. Councillor Couckuyt
Boards with
Board of Health
Council
Appointees
D-1 —
City -County Liaison
. County Council or as
January 9, 2024
Agencies and
Committee
represented by the
Boards with
Warden
Council
Appointees
D-1 —
Health Recruitment
. Deputy Warden Jones
January 9, 2024
Agencies and
Partnership
. Councillor Couckuyt
Boards with
Council
Appointees
D-1 —
Joint Accessibility
. Councillor Noble
January 9, 2024
Agencies and
Advisory
Boards with
Committee
Council
Appointees
D-1 —
Elgin Clean Water
. Councillor Hentz
January 9, 2024
Agencies and
Advisory
Boards with
Committee
D-1 —
Green Lane
. Alternate with City of St.
N/A
Agencies and
Community Trust
Thomas — City to appoint
Boards with
Committee
in 2024.
Council
Appointees
D-1 —
Waste
Committee of the
January 9, 2024
Agencies and
Management
Whole/Elgin County
Boards with
Committee
Council
Council
Appointees
D-1 —
Western Ontario
. Warden Ketchabaw
No appointment
Agencies and
Wardens Caucus
. Alternate: Deputy Warden
required
Boards with
Jones
Council
Appointees
D1 -Agencies
SWIFT Network
. Councillor Giguere
Council
and Boards
recommends,
with Council
SWIFT appoints
Appointees
D1 —Agencies
St. Thomas -Elgin
. Councillor Giguere
January 9, 2024
and Boards
Public Art Centre
with Council
Appointees
D1 —Agencies
South Central
Warden Ketchabaw
January 9,2024
and Boards
Ontario Regional
Councillor Noble
with Council
Economic
Appointees
Development
(SCOR)
Page 345 of 347
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED ON THIS 9T" DAY
OF JANUARY, 2024.
Blaine Parkin, Ed Ketchabaw,
Chief Administrative Officer/Clerk. Warden.
Page 346 of 347
COUNTY OF ELGIN
By -Law No. 24-02
"A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF
THE CORPORATION OF THE COUNTY OF ELGIN AT THE
JANUARY 9, 2024 MEETING"
WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, the powers of a municipality shall be exercised by its Council;
AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, the powers of every Council shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of
the Corporation of the County of Elgin at these meetings be confirmed and adopted by by
law.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
THAT the actions of the Municipal Council of the Corporation of the County of Elgin,
in respect of each recommendation contained in the reports and each motion and
resolution passed and other action taken by the Municipal Council of the Corporation
of the County of Elgin, at its meetings held on January 9, 2024 be hereby adopted and
confirmed as if all such proceedings were expressly embodied in this by-law.
2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin
are hereby authorized and directed to do all things necessary to give effect to the
actions of the Municipal Council of the Corporation of the County of Elgin referred to in
the preceding section hereof.
3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized
and directed to execute all documents necessary in that behalf and to affix thereto the
seal of the Corporation of the County of Elgin.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THIS 9T" DAY
OF JANUARY, 2024.
Blaine Parkin, Ed Ketchabaw,
Chief Administrative Officer/Clerk. Warden.
Page 347 of 347