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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. El J 0 El S III''°''III III ... M t J III III I III � III IHEIRS III° IIIUI `1" I III II II I K I IIL... II REQ1 J III III II E' III III E' CO I PI `1"" E°.III IIC° x» III I IIE° III `1 IIl A NC°° S 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 vwr,, .,t-Uhorn�A rrlrrr,tnc k)�Attrrry ykAnt) 3 ditty., //tI, lII'rii7il{- ml/wIp ntrrr'rt/iaylrr�Arl , 1011/C)y/IVrrOort �;u001y� �i�AinlVoyrrrt v3.1O11O7O I'ul l'i h 'I`NAVI 1p(A 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. °III° III III° III °III I III EIRY II 0 N 1I 10 1 J S III N G II II' IIE' M A N IC°° III N E Ilhl III III II IR G I' IIL...Y I'll' II °.III' II I' N IC°° S 0 N C 0 NA INA I J III I III III � Il ...... ...... EIRNS 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. 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C) CD E act: (D 0 'n Q 0 CD Ulm r_ :3 CD CO 111111111 4 L. 0 coo IMEM c 1 0 ,,, m M „(11 In 4) L 3 4- TO r_ M 4tl U) .- 0 — 0 C: :3 c a) cu _0 0 4- 0) a) a) = a) _ a) F 0 L) :3 CU — (1) (N o — • C3) 70•0 a) U) (1) (Y) C: C: U) cu cu " (1) " U) a) (u E �p " —U) a) 7C) -C C: (,) a) C: 0- a) (u L) U) 0 () --0 -0 a) (1) 0-,- cu 5, C: 0 (1) cu cu , : (1) 0- (1) 0) cu 0 0 0 -0 a) (1) > 0 M CU a) cu C: (1) -0 cu a) _0 a) (1) a) 0 — U) (1) (U cu CU �p — a) -5 a 4:5 E a) U) U) U) C,3 -ffi cu C: Ja 0)— -0 a " " (u — .— = — U) a) 4— E (U CL 0 o — (u :3 a) L) U) (1) = (U — cu 0 >, — - _0 (1) -0 E -0 - Ja (1) C: (u (1) C: L) C: U) U) 26 (CU: C: :3 a) cu -0 a) (U U) U) _0 U) cu — L) (U C: cu U) C: 0 C: cu > E C: L) — U) (1) C: — (U a) 0 - U) 0 4- 0 U) (U C: 0 U) 0 CU U) L) cu 3: cu _0 U) (u L) C: a) c- U) a) U) C: — a) -2 L) U) (1) (1) C: •cu -C: (1) L) :3 L) .- 70 :3 4— CU () (1) " 0 a) U) C: CU U) _0 C: C: CU — U) C- 0 " a) U) z U) 0 (u — a) C: a) i/� CU C: U) (U CU a) 4— () C: D- U) U) 4— " cu a) C: 4— C: (1) 0- (U W W M C: U) M cu -0 C: E C: cu C: 0) " 0 U� C: cu (f) 0 0 -r- 0 Lr- L) a) E L) E 00cm—, " (1)4— 0- 0 U) W M a) 4— U) 0 C: (1) C: cu L) > 0 a) 0 U) L) U) a) C: C: 0) L) X > a) — — > > L) U) c- E a) a) -a 4— () 4— 0 CU cu L) a) U) E >1 CU >, U) M 0 cu (1) > 0 (1) U) 0 0 0 U) (D- U) 3: 4- 0 0 a)M cB U) 0)4-- C: a) (1) (1) 0 w C: a)E 0- U) (1) a)(1) 0) L) L) U) c: 0) C: a)0) :3 (u (u CU) (13 70 cu C () M 0) u) L) C: C: C: L) C: a) Lr- 4— 6 (u —U) (u —U) F= T 2) E H: (U (U C: M C L) OR U) 0- (u CX) M cr� 4- 4— U) (U 00 M cU (1) (u C3) E -0 (U 0) c a) a) U) :3 U) CU 0 cu CU (1) (u L) Lij M U) cu cu U) CU CL cu c 0 U) 4-- U) a) — >, U) " 0 U) C . — — -0 !E cu U) a) 06 cu a) 0 cu a) U) a) 0 CU -0 a) a) CU U) 4-- C1 CU C < E 0 '—= C: " o o X a) - E •. U) U) CU 0) a) cu 3: a) c 0 < c- o cu LL L) cu 0 o E > L) o �p CU 0 U) S U) E a) — C', u) LL 0 (n �p M " U) 0 " cu L) a) cu a) >, C- 0 It! M (u a) o 0- M c c M U) U) a) L) (U :3 U) Cd (3) :3 U) c CU 0 LD) _0• M U) (u M U) (1) U) U) M U) M 0 (u O M a M -cu 0 cu c (1) CU M 0 cu a) cu 4-- " - = z 0� 0 CU .- 3: E (D C 0 2- . 2- o cu 0 U) W 0 a) (,n L) 'E L) 'E L) 0) o cu U� U) U) 0 0 > L) 0 cu a) L) L) o 0 CU o 0 a) o cu C13 a) a) 7FD (,n C — 0 - — a) < U) u -j C—/) U) U) Uj 4-- , — F= U) U) cu 0 M 0 cu c cu N L) 0- c u 0 -0 (D CM J-- 0 C13 L) CN > E .2) W (3) C) OL-o (3) !E — C6 > cnb L) C* (3) U) 4-- (3) -0 U) (U (3) " U) 0 U) 0 ummoioioioioiou C: U) c) 0 U) M U (3) 0 U) _a (3) L) U) U) c: (3) U) :3 L) (3) U) a) 70 '=— (3) M 4-- C: U) M ClIff .0 U) 0 CU :3 (3) 0 = C: L) -0 C: a) C: U) 0 (:) M C: C) -0 U) U) 0- 0 U) (U " cu U� 0 L) IIIR IMMUNE CU — — C: 4 0 C N (U U) U) 0 E o E C- C-- 0 0 0 0- : c) (3) -a 4-- >1 C: m 11 0) 0 (3) C13 -- — = C) U) U) F= C) t-_ () > 4muo (11! (1 Q. C: 0 W X U) E U) L) :3 0 0 0 0 C: L) C: 0- 0 0 cu 0 M 0 L) >, " " 4— (3) 0 4— c- CU (,3 (3) M (3) 3: (3) 2 U) c- j5 (U M L) C) C: E- (3) u) > 4— C) 0 (3) -0 C: M CU C: 0 w o C=111� -) . C: :3 M C: U) C: L " (U — U) 0 4— 0 " C C: a) C) 2) C)U iv :3 U) U� C) C: U) -0 (13 7d) C: ZZ C: > (1) 0 0 -0 C) C: (3) c) m — cu M CU U) U) U) D- U) 0 0 a) t-_ C: •C: C: 0 (U C: (u U) (U (U (3) C: M 0 x c 0 m C) C: (3) C: (3) C: (3) :3 (3) L) C: CU U) C: M — (3) C: C) C: U) U) C: (3) -0 = _0 M (3) Z-) U) Ilk E'llf > C: U) C) (3) CU (3) U) -a %JI Ilk C) (U U) > L) 2 4muo 9 E (U (3) (3) > C: -0 0 > M - J:�� 1 Q (3) (3) 70 U) U) M M a L) = C: (u cu C) C: C: 0 c 0 c c: " (3) ( C) A) CU M - (3) 4— C: 4— M 4— (:) 0) U) 0 0 C: L) C: = (U " W 00 L) 00 CU C- 0 CU E 0 2 (a) S - = C) (3) — m 0 M C: It! cu 0 s U) a) —c: ao)) (UD) CU C: 0 Ln 0 cu C: 0 cm U) -0 US (3) 4 0- U) C: CL t! 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cu > N N 0 CU 0 ()- W 0 cxi U) CY cu 0 0 C- CU 0 0- -a 0- L)Fu L) a) L) U) U) cu a) U) U) cu 0 cu E 0 U) E (1) L) c c CU .> a) U) 0 M 0) M 0 0 cu U) U) -a 0 4- CU 4- a) a) cu cu -0 - 0- = 0 U) U) 0) 'E (1) 0 a) a) 0 0) 0 cu cu a) 0 cu 0) cu 0 -a)- cu _0 E 0 a) a) " " -0 a) u� c —U) U) 4-- CU (u cu c c a) U) (u cu cu 4-- o a) a) a) -a 0 a) U) a) — 3: — L) b a) U) a) 0 >1 E > a) CU U) c a) m 0) cu E 03 > U) CU a) E 0 L) L) CU 0 c L) Lu c 7d) 0) 0 0 CU U) 0 cu L) a) U) 0 m -0 0 0 cu 0 0 0 E 0 m E U) E > L) cu < a) a) a) 0 a) 0— y)E M U) 0 W 0 0 -J Q U) a) cu 0 cu c m —cu o c) c (1) 1 o a) 0 0 0 M 0 a) c — L) cu cu a) 7E)- H-' 0) E CU 0 cu C CU — a) 0 0 c a) E 4-- .> o 0 a) M E CU U) -0 :3 U) 'E 0 cu E cu cu (1) cu (u cu — C U) 0 0 .0 U) cu a) 0 a) 0 a) Llllll� — — c " cu cu Z-) :3 (u c " 0) CL cu a) I-- C3) 0 cu a) a) U) C 0 C (1) cu m m C c 0 U) c " cu 0 (1) cu �L) cu 0 L) 3: m o :3 4-- C 0) 0 L) " = a) cu C) C) cu U) cu -E lo = OL C,3 o U) a) U) E 0 cu 0 :3 C cu L) c U) L) — U) < T .5; �2 E cu a) a) 4-- E -0 cu a) 0 a) a) a) (1) " 0- —U) b o a) - C) 00 U) >, .- o U) 0 U) " - b = U) a) J) < U) a) U) E E cu 0 m a) 0 C- 0 0 a) 0 " > — — o E cf) cu " Z-) cu 0) a) CU a a") au)) (3) C 2- a) (3) a) L) cu 0 c 0- U) CU F M U) cri < 0- o E 3: M �: U) M 0- N rl- 4-- 0 (D co (1) 0) M 0- U) a) U) C: (D U) U) -E 7d-) 4- 0 C: 0 E 0 a) L) 0 L) L) (D C: U) U) E C: 0 O _0 C: (D U) 4- U) U) 3: U) >1 0 0 C: C: C: 0 4- 0 U) (D 46 CU U) a) C: :3 C: Co co 3: U) a) > 0 > C: :3 CU cu cu 0 U) cu a) cu co a) a) —0 cu :t-_ cu a) a) C: L) co 4-- U) co U) U) a) :3 -�) > wimww -cu co " . 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T U) CU a) U) U) U) 0 L) a) 4- M = a) C: 0 (1) CU C) 0 0 a), C: C: (1) (f) CN o L) R 8 cu — (1) — — c- 0 0 L) :3 -0 0 c- CD CN < 0 L) D- o cAi a) " " 0- -C U) C 0 a) 0- " 0- 0 " U) U) C: C) m cAi 4- CU U) E 0 0 (D U) (D 0 C: U) OL— 0 x 0 C: 0 . a) a) 4-- (U 0 C,3 c- C: C: U) U) M E E C: 0) o Fj > C) A) U) M 0 CU a) U) 2 > 0- " c It 0- LLJ E 0 0 U L) 0 CUC: 0 3: M a) L) (1) L) 0 0 0 L) 0- C: E a) 0 (U 4-- L) E E U) C: (u o -U.) 0 0 C: m o 0 — a) c- L) 0 c- -j 4-- — C: cu N C: a) _0 _0 " >, > CU W M m >, x cm CU 0 M C: C: C: 4-- — 0 0 " 0 M 0)-o () > 0 L) (3) 0 C) C: L) c: C: a) L) 0 a) cu U) U a) U) L) 0_ W U) C: CU U) 3: cu U) C: .— (3) 0 0- a) U) o a) C: cu - a) " 0 L) U) (1) U) o a) �p C! 0 C: U) cu -0 a) C: U) -a a) 0- (u U) U) a) U) U) (1) L) a) L) M L) C: 0 C) (3) (3) C: c: — -0 — C: U) N C: (1) C: (U ' 5 0 o >, 0 U) 0 U) 0 — C: C " 0 C-0 E Oz —U) cd o C: a) C: C-13 a) 0- = L) 0 a) — " cu a) C) U) 0 (D U) C) = U) 4-- -a M 7E)- ';Z — E c- Ill 0 w U) C: C: cu E 0- (1) 0- L) C: " cu a) " U) U) C: 4-- 0 (u -C! 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U) (1) L) pa) C: 0 (D U) U) -cu E5) CL -0 0 E U) CU cu 0 u cy- (U L) (1) M 0 " 0 CU (1) 0 C: 0 E (U -0 C: L) C: C3) 0 -0 0 W 0 (1) cu cu - W U) 7i -0 a 0 C: C: cu (1) C: E 0 (1) > o (1) U) L) (1) C: 0 6coopc (1) cu C: CU E U) 0- cu C: 0 — M M W U) < :3 C: C: L) U) (1) 8 (1) () 0 U) U) 'Fj 0- L) (1) U) (1) U) F= < C: U) cu U) u) E -a 0) cu L) U) C) U) CU 0 0 cu :3 c = 0 0 (1) 0 = O CD 0- U) -6 u) 0 0 — 0 ("u 0 U) (U = --g (1) a 0- U) (u c _0 M 0) -0 0) (1) U) L0) U) (3) (U CU 0) C) U) C (1) M U)O M M 4 L) (3) M U) -0 c .2 U) CY 0) CU 4— (3) L) L) LJJ :3 (1) (1) U) :3 4:r, (1) " -0 U) U) U) :3 L) U) • — C) U) (U — — L) C) U) 111 4— 4— Lij 7d) 0 (U (U L) 0) 0(:)M"C>cw --Q(U= U) Woo- 0 a a) — L) (A) L) 0 0 0 0 0 M M U) w U) 2) U) L) 4— L) L) L) < CU — 0 L) (U O = .- _0 _a L) U) M m 0) :3 :3 M 4— U) 0 w 0 •L) C) u) U) w U) .2 (U (u U = (1) T = U) C — 0) M " -L— W W a) -r- —U) a) c -0 E -6 0 0 L) .5 :3 (1) U) " 0 CL w 0) 0 0 0 L) (3) E > cu 0- co C) F= '5) E 0 0 a) 0- -0 CIO a)L) U) L) U) U) C (1) U) 0 I cu L) 0 O cu L) cu 4-- 0 U) U) a) cu 3: cu L) U) cu a) L) C: I I C) U) cu a) 4-- E U) U) a) U) U) cu -c6 L) 0) 0 0 a) L) cu C: cu 0) C: .r L) C: 0 L) U) a) L) 0 U) a) L) 0 C: 7E)- :3 L) (D 0- L) E CU C: 0 U) U) 0 (1) fn C: cu (1) 0 a) 0-,-- U-) C: :3 CO 0) cu a) U) CUO (U " V- 0 .- t-- " a)a) U) cu U) OL— a) DL (U L) = " a) > o (1) M 0- Lr- �p — CU U(1) C: C: C: > C: (1) — C: — CU u U0 C: m (1) w 0 0 0- (U 0 �p 'E a) L) L) u) 0 p 0 u) 0 = . 4 -- 4-- W 0 5; M = 7FU 0 " 0 0 " 3: Q E o U) -0 L) > > 0 0 0- <" cu _0 E < c o cu 0 C 0 C, 0 CU L) :3 C: ---:- CU -0 a) > — C: 0 C) L) .- 0) :3 p C: a) " a) — a) _0 a) -0 a) = 0 — 0 U) — 0 a- . 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U O (B um oioioioi ""'°'° o um moioioioioiou mui) O O O O O mm U) o O L O (B 0 U) cc mi mmimimi tutu U) C U) m moioioioi moioioioioioiomim moioi uoioioim U -0 U � O OU 70 O mi umu a mu ) p OL p L O O p +— _ _ _ — m moioioiIf tutu mmm O' O — Q M .� U `- O L a) .O U O Q u mu ioi° mmmui) mmu) � U) cu O U O O O O C: U) Q 1— U moioioi mmi mmm um m moioioioi m moioioioi O •O O O (II (Lj U) O m of moioioim (v L U Q Q O Q U) O uoiolololOiou uuuuu .— p E C O] L O � � O L (B umu mi p O O O O O i— O um moioioioiomu um moioioioioiou U) O U Q O mmoioioim mmoioioioioiou ( O c Q O L O 1 — � um moioioioiomu mi muiuiuiuiuiuiuiuiui moioioioioioioioim O' C (B O O (B O O U) 0 c C U),mmmmm m ii�uoioioim "u wwww� '1—' O _ O — L O O moioi)muoioioim mmmm mmm U) � � mm moi (C:aO a 0 � 0 0 i10 mmmmU � ) If a) U) 0 U) U� L) :3• >1 �6 -L) L) _0 0 < C U) CU U) L) C: a) U) 0) L)•" >, U) C: U) U) (u 0 C: < 0) (13 :—t-- L) '15 C: C: L) 0) .- U) (u (u ( 0 C: C: — a) CU U) cu C: a) C: C: — 0- a) 0 < a) E (U =CU L) :3 C: C: L) U) E E 0 L) a) E = C: E CU a) 4-- 7E-) > :3 C: a) cu CU 4- C: o " () C: a) L) 0- 0 0- a) > L) () (1) c- E E U) E CU M 0 cu m >, cu U) 0-- cu -a CU -cu cu .0 cu U) 0 L) - — U) 0 E L) E 0 cu t-_ U) cu 0 cu t-_ t-_ c 42) a) a) a) 3: cu LI) 0 c c 0 2 0- 4-- :3 L) a) o L) M c cy- c -0 :t-- c :t-- o M C C,3 cu E L) _Cn (1) a) E 03 E -C . 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(1) CU L) (1) 0- (1) CU F (1) (1) L) L) :3 0 —(D > :3 (U E cu E E C', 0 o a) L) U) a) -0 o -0 C " —U) U) (1) C) CU cu " L) -a .2 . - o CU OLC) cu ( 0 (1) U) c = (1) cu E U) U) CU = (1) C: cu a) (1) — U) a) 0- M = = z M — a) U) L) (1) US a) 0) 4-- U) 4-- U) E cu a) U) C: 0 -0 0 a) E 4-- E >, C: U) — U) U) w (1) U) C: M E U) M U) a) ,c cu C: -a a) -C CU C,3 U) a) a) U) CU U) U) U) 0 U) M C: CL 'C U) cu N U) a) (1) cy- 0 cu :3 CU M U) 0 M (1) U) U) " M M a) -cu 0 U) 0 = -0 M !E (D M -a C) (1) -0 q- c " >1 — CU Lr- (1) 0 :3 :3 M Cd — — U) C 00 — cl E o Fn c (1) T 4-- -0 L) 0 M (1) cu W (1) 0 m cu 0 — a) c F: Z cu U) (D U) U) "t :E C - (1) -a CU CU cu :3 cu L) a) OU) = U) 0 o o (D cu 0 U) L) L) 0 U) CU M M W a) m >, 4-- (1) " CU C Z (1) 4-- Cl) 0 = C N (f) !E L) L) E a) C cu Z 0 cu C) L) C C) (1) — 4-- M :S = N 0 :3 cn a) :t- E U) — >1 0 - .0 .- — U) F�:MWWZEM (DE moo-ou)[1- a=OC=O ec - _0 4-- > (D — Llllll c U) c T L) CU 4-- m 0 4-- U) a) < cu (1) a) a) E 0 IN a) a) Z E u) F= = :r :t- " — a) U) U) a) cu z o m :t- U) U- cn cu :3 — a) a) E c a) U) c a) -0 = e 0 0 = w E 0 U) wm—co—c :3--a e.=c a) a) CU :3 0 cu CU L) L) cu 0 cu (D E 0 (D a) L) a) cu cu 0- cu CU 0 0 Llllll4 a) a) cu 4-- cu 0 0 CU L) cl cl a) CU cl a) 0 U) C 4-- -0 M M (D M (D >1 cu 0 (D E -0 c 0 o a) �a I CU L) 0 L) c EL- L) (1) (1) L) N E 0 U) F= U) cu cu C,3 x cu U) L) < (1) c x E -0 _0 " cu CD w (1) (1) U) 0) " CN 0 c 0- U� —C) C) U) U) L) U) cu (1) Cn 0 4-- 0 0 00 M (L,)) C- >, (1) L) 03 CL a) cn CU :3 0 L) U) — — L) " CU U) 4-- CU z cu o -a L) _0 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 goIz o b n oaMN;5 Szubi *a°m rT � r°� �Ii43 AY 3 PP �I °o'L91 0-19 I l� iREEI mHFlvE °K Sim . � � 8 n 9 p as•E '�'w.� ° � F mn- 7 _ m —= - - a � o = s � • ems, $ a �s s Pops o kzx D E 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 ito] 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 LL QZoa z Z A Y 6 a rw g w W �f� j F— \ a< N O K �x 2 u zjzx r%��i t /� MW UW 'pm 1180Q a� "�� 9 UFOQo r dLL 9 €k� 6 FJ K a 20 d E LL ���/�J11 � � 3z � z. Sri �� xi" ll, ✓ ��Z'� «� •�:'� as 0 v! a<omooaaa�43oa,�a„e agz <a aaD�3HU xsere2 r% Z 14 a ml!yai. I b� S ,I. i 1 0 a . • �� - sip uu �� oQL ZlOI � E10'1 • N � a avoN SVWOHl 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 a� o 0 CD - N o � CD o rt c o, ~ N : ca IIIIII N 0 uil��'I O I�1161 � O IIIIIIIIII 5: N O N L, N U a� a� o pm� II' - LL o L ca� c 0 Rf o U a O w _ U Q pmll u CL U 9iu LL c c o o W c 0) O m U Vli'uuu w . N o m U o n ca O a O o CL FU a) x w _ > ' c COLL c Q piii� D Q O o L N CO ' �.L m U U i VI �O �_ r V co I1 co a)> C O O L > J ? •� O IIIIIIII Illllllullllll Q O Q N C o a`) N N N N i i a) x W c C L U C C m Q0°oc� c� LIO) 0 U a uIJill 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 I U1111 thile eq uii+ iflents � 1 111 721 1.00 n/a u ot: ll i Oail for I uim t xl as 11>11b e 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 u111:::! so v ll ues are �M � uo dl1IdLl' 11 W iniatiw,ll 11 ipu �,� � � dLllill o- �, n , d �d � nu.Wnun��, u u ;,n� X .. Target Standard Page 168 of 347 E L� Q 4— O U _ 4- 0 O � O �.± co Q O O)U C� (1) _ N O ^L c eT7 cl cq. c ' �E tL w c� N L U O '1 N 12 U LL • Zi O = U mcn iL E CL a. N W Cl) � N 0 o 0 Cl) ca co U 0 Cl) 0 U O L N (v � E E L `0 O z O a) a) co O > z zMUM Q rl- 0 rn c0 N O1 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. Page 1 of 12 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 Page 2 of 12 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. Page 3 of 12 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 Page 4 of 12 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 Page 5 of 12 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. Page 6 of 12 Page 183 of 347 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 Page 7 of 12 Page 184 of 347 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 Page 8 of 12 Page 185 of 347 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 Page 187 of 347 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 Page 194 of 347 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 Page 195 of 347 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 Page 196 of 347 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. 4 Page 197 of 347 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. Page 198 of 347 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. Page 199 of 347 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. Page 200 of 347 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 Page 201 of 347 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. 9 Page 202 of 347 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. 10 Page 203 of 347 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. 11 Page 204 of 347 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. 12 Page 205 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. Page 206 of 347 13 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. 14 Page 207 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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 sal°°iN5E':i. ........i..FCi...iIIINflC„ I AL III: i�� P�� ;"���CIII.. ' P �'' III: OillNJ..i..S 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 15 Page 208 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 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. 16 Page 209 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. 17 Page 210 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. 18 Page 211 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. 19 Page 212 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. 20 Page 213 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION ➢ 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, 21 Page 214 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION ➢ 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. 22 Page 215 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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, 23 Page 216 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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. 24 Page 217 of 347 REQUEST FOR PROPOSAL NO. 2023-P40 BUDGET SOFTWARE SOLUTION 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). 25 Page 218 of 347 ° 1 frl View Details Return to the Bids Homepgge(https://eigincounty.bidsandtenders.ca/Module/Tenders/en). Bid Details Bid Classification: Bid Type: Bid Number: Bid Name: Bid Status: Published Date: Bid Closing Date: Question Deadline: Electronic Auctions: Language for Bid Submissions: Submission Type: Submission Address: Public Opening: Description: 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. .................................................................................................................................................................................................................................................................................................................................................................................................................... RII::::All::) A � II NIIIf ll::1 I1RA11:::: AN11::1 II IINAII...II...Y II)ASS11::::I1) ON � II NITS 9"' )AY calf JANUAIf Y 2024 ....... .......................... ....................................................................................................................................................................................................................................................................................................................................................................................n................................. ....2A)LQ,f... C .' ::::::: . 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. e.xpe. Gr-hGr de,d....t. mar oi.... Vie. 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; ,1 ` a 16 an e all II''rooeedres �lltiir frrom an alllle ed offeroe ors part to ...................?........................................................................,g.............................................,g............................................................. ........... g..................................................................N........................................................... the HiP Ia�nr i TrfficAct If.S.O..t990 0. II N. 8 as amerded or re Ilaoed 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. ::::........ ... 1....I::..,,, QA� mbe. ARIL::A: :)........II::::.II..I:�....1I.......:..I:) SIf:::::COINIG:Z 11 111RA1::::: ON 11 II NITS 28'n II:::)AY OII:: 2323. f If:G:Z A 1f lI NlllfRlf.::Z 1f 111�MF::: AN[) IF:jNAIL...II...Y IF:'ASSII::a..Z ON 1f lI flS 9'"' If.::ZAY Olf:: 3ANUAIRY ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2924. f::: ra s iirelf II iiB if "grlk, n Ed Ketchabaw 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 Email: EABDirector(c-)-ontario.ca Further information on requests for orders under Section 16 of the Ontario EA Act is available on the MECP website at: https://www.ontario.ca/page/class-environmental-assessments- section-16-order We are committed to ensuring that government information and services are accessible for all Ontarians. For communication supports or to request project information in an alternate format, please contact one of the preceding project team members. Information collected will be used in accordance with the Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will become part of the public record. Des renseignements sontdisponibles en frangais en composant Syd ney Tasfi, 519-438-1288 Ext. 1004. 1311,1A3N (,�r ,r' 4Ar°N<• P rplOM11 ph I fo 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 Pa....... 11 4.7....................................................................................................................................................................................... 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. Pa....... 11.4.7....................................................................................................................................................................................... 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, 2! ,,jjgpa.�iir 1./fil�:_a/?f)?:�/f):�/VOelcoim-fr�r�ll<F� I��: au.�iii� VOd�:l r�i ii� ::..?...//.a.............L...........................:.....:......:................../...........a.................:................................../..............:....,....... .................................................................................................... P ,..... 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) Pa....... 11.4.7....................................................................................................................................................................................... 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: 1].j.' ...5........uv-ni- i al'esr ...,q,1g..!2j'I�a IeaJ."c�a °eaJ."cea__N.il[...ic3'tio.1 a 202_ .l.//....................................... ..........................".......................................................................................................................�...................................................... 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::....:.].:.::.!............................. g.!::2 !.t::.:::`�.21::�.p" 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! u a uu Quuuu tau uua lY lid iiu a tc a lr�: a iY iY a u tau Iluci lilr� Ilue su.uiYv_ y,,_J�c i a Illi� II< Ilu lYc^ Section A: Basic Information ul.. Wiiiiciiu of tliiie foIIIlllowlliurYug best deuscirillk, es your I I n1rn"11gi ated to Cla ina dad as a ir) e(,- ir)oiri,'1 Ca C iite'goi71 y Iirnirn11gia ant (e.g.li`edei ail u)kflHed Worker PlY'a:7gIY'a irn, PIrov✓ inuaoall I\Va: in'Jlr ee Pra: gra irn, Cla inaafoa in Experience (.'Jabs s, a and uurupeindalruts of r^uaolr oirnk- applhcalruts) I I n1rn"11gi ated to Cla ina dad as a Ila irk fly catega:71ry Iirn1rn"'111gia ant (°'apa:71rn,sored spouse, e, °'apa:71rn°'aa71red palYeint or gralrndpa irelr t, oir otheir iilrn in'Jgira ant spolru^'uolred Il:)y uali I n1rn"11gi ated to Cla ina dad as a ga:7!✓eIY'Inlrneint a°a,°'aMed Irefugee I a"11rn"11gi ated to Cla ina dad as a 1pir1 ✓a tee y °'upolrusored Irefugee I n1rn"11gi ated to Cla ina dad as a refugee (,lad irnaIrrt a and a irn now a perlrnaIrrleIrrt IY"GraalldG'int arn cu.0 Y Y ou rufly I ru Clainada as a refugee (,lad rnarrt arn cu.uYYou rufly Iru Clainada as air) Ir tei nator4l student arn cu.urrein lly ii ru Clainada oin a to rn porary work visa arn cu.urreinfly ii ru Clainada oin a t"u.iAET" ((.,ar)aaua.u.ila Yaiii r)e Au.uflhof izatioin for Erneru envy tlrav6) visa U In la<In ow In __I I was I'minn Iin Cla ina dad (tll"'tlls survey os for Ipeople wll'o were Il::a: inn oU.ut^:all ie of tla ina day a and now IIIIve, work oir study iilru St. Vhoirna°: -VMll yii ) Iicuu,iia in.( Ila J.i=u:uliANY IiEuuPu:NDEI\V.t.":u.t.Il_AT_ t.II_iEYWERE BV,,,pRN III\V Cl/\I\V/\D:A uuIICIP.t.II-iEiM t"O .t.II_ E LAST" u:).u.iEu.t.Ilu: N 4N.,Fi:.t.II_ E SURVEY ABOUT"ANY u:ut.Il_ ER ("()V/II /IED \V.T"S/Su.it=ut=uEST"IluC)l\VS t"O II11/IIPIiu:VE uui:.tAND.t.Il_iEN DPI\VD t.II_ E uuu.ilillEY 2. Flow Illourqug IlhYuave your Ilk,ueein IIIViviing iin Cairiada _] Less s tha in 1 year 3. Wiiieire do your Illllive"P St. .t.Ih o Irn a s \y II Irn e Ir i uany ['m Irn Ma41h i d e 80 changed to open ended question partway through to address bots Pa....... 11.4.7....................................................................................................................................................................................... 9 36 of ] tlelrutiri ll Ul , in ] sou.utl"u 6 d ] Dutton Du.ulruwu (, lh ] West Ul , in I ] 1:��:Il�u�ulr" �IC�II�ua�^:u�u aulC��uuaii�YY 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 ❑ 2 ❑ 3 ❑ 4 ❑ 5 or more 6. Flow vv&Il caurru your courr urnuurgicate luau F:urruglllluslliI? ] Very weIIII ] W6ll ] Fa4lly wellll ] lea: oIr'lly ] Not at allll I-0 I � AI. L I'll SI'0IN D IN I Si Pa....... 1111167 .4.7....................................................................................................................................................................................... 9 A of Section B: Use of Community Services 7. Please iirate youiir expeiriieirllce vvifhu fdlovviiirg coirrurnuirdity seirvices Ifurgll fh�e Illast 1 Ilrnoirgtllhs Ifurgll St�. Tlwirnas-Ugiir�. bcdleirit vf..aIry GaA Arxx..^ptA,)le R)Or Dki rx)t arv-vi -Vlrlr.lCC Educar tioirll EirnpIbyirrzeirut aird/oir sIkHls tiraiirdhrg EirgIhWhu 4rguage Ieairirdhrg Fireirudhu 4rguage Ieairirdhrg F1 e a I tIlhu Flousiirg Lairiguage LegaIjcouirts Local arms irdkipaeiiriiriuiiryteiiriut�/llbylllavv, Meirut4I IlhueaIII Ilhu Pldhke 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 wvvwcccrarne().corn 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 w vv w.c c n rne().corn 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