11 - July 24, 2012 County Council Agenda Package with all addendums included
ORDERS OF THE DAY
FOR TUESDAY, July 24, 2012 – 6:00 P.M.
ORDER
1st Meeting Called to Order
2nd Adoption of Minutes – June 26, 2012
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4thPresenting Petitions, Presentations and Delegations
PRESENTATIONS:
6:00 P.M.
International Plowing Match (IPM) Legacy Agricultural Scholarships
DELEGATION:
6:10 P.M.
Dan Dale, First Yarmouth (Plains) Baptist Church, Board of Trustees,
Member re: Parking Issue at Plains Church
5th Motion to Move Into “Committee Of The Whole Council”
6th Reports of Council, Outside Boards and Staff
7th Council Correspondence
1) Items for Consideration
2) Items for Information (Consent Agenda)
OTHER BUSINESS
8th
1) Statements/Inquiries by Members
2) Notice of Motion
3) Matters of Urgency
(see separate addendum)
9th Closed Meeting Items
(see separate agenda)
10th Recess to Public Meeting of Proposed Official Plan 7:00 P.M.–
11th Motion to Rise and Report
12th Motion to Adopt Recommendations from the Committee Of The Whole
13th Consideration of By-Laws (circulated separately)
14th ADJOURNMENT
DINNER BEFORE THE MEETING AT 5:00 P.M.
Lower Level Lunchroom
Dress Code: Business Casual
NOTICE:
Deputy Warden for July – Dave Mennill
Deputy Warden for August – Jim Jenkins
September 11, 2012 9:00 a.m. - County Council Meeting
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DRAFT
COUNTY COUNCIL MINUTES
Tuesday, June 26, 2012
The Elgin County Council met this day at the Administration Building at 3:00 p.m. with all
members present.
Warden Walters in the Chair.
ADOPTION OF MINUTES
Moved by Councillor McIntyre
Seconded by Councillor Mennill
THAT the minutes of the meeting held on June 12, 2012 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
None.
PRESENTATIONS
Retirement of Margaret Harder: The Warden thanked her for her 35 years of service at Elgin
Manor in the nursing department and congratulated her upon her retirement.
Retirement of Sandra Tapsell: The Warden thanked her for 35 years of service at Elgin Manor
in the dietary and housekeeping departments and congratulated her upon her retirement.
Moved by Councillor Marr
Seconded by Councillor Jenkins
THAT we do now move into Committee Of The Whole Council.
- Carried.
DELEGATION
Danial Dale, member, Plains Baptist Church Board of Trustees, requested Council reconsider a
solution for the parking issue at the church. He circulated a hand-drawn map of the church
location and surrounding roads.
Moved by Councillor Marr
Seconded by Councillor McIntyre
THAT the report titled No Parking By-Law Amendment Sparta Line REVISITED (First
Baptist Church/Plains Church) dated June 21, 2012 including the opinion from the countys
insurer, be deferred; and,
THAT staff be directed to hold a site meeting with church staff and the Warden, prepare a
sketch and demonstrate the locations of reduced speed limit signs on Sparta Line; and,
THAT staff report back to council.
- Carried.
REPORTS
Update on the Elgin County Official Plan Project & Request to Schedule a Public Meeting
For the Elgin County Official Plan – Manager of Planning
The manager presented the report noting a public meeting is required before the countys
Official Plan can be considered for adoption.
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County Council 2
Moved by Councillor Marr
Seconded by Councillor Mennill
THAT County Council schedule a statutory public meeting for the Elgin County Official Plan on
July 24, 2012 at 7:00 p.m. in the County Council Chambers.
- Carried.
Fiberglass Reinforced Chip Seal – Deputy Director of Engineering Services
The deputy director presented a report on the recommended tender
portions of County Roads 18 and 42.
Moved by Councillor McIntyre
Seconded by Councillor Ens
THAT Norjohn Contracting and Paving Ltd., be selected for the fiberglass reinforced chip seal
tender, Contract No. 6250-12A for a total price of $314,608 exclusive of HST; and,
THAT if the cost increases above the tender amount approved by Council by more than 10 per
cent, the director will prepare a further report to Council outlining the expenditures; and,
THAT the Warden and Chief Administrative Officer be authorized tsign the contracts.
- Carried.
2012-2013 Annual Long Term Care Homes Funding Announcement – Director of Homes
& Seniors Services
The director presented the report, noting that the annual funding from the Ministry of Health and
Long Term Care for the homes is significantly lower than funds received in previous years.
Moved by Councillor Jenkins
Seconded by Councillor Couckuyt
THAT the Minister of Health and Long Term Care be strongly encouraged to address the lack of
funding being provided for the 2012-2013 funding year; and,
THAT the Ontario Association of Non-Profit Homes and Services for Seniors be strongly
encouraged to continue to advocate on behalf of long term care homes in support of increased
funding; and,
THAT staff endeavours to identify efficiencies within the 2012 budget to minimize negative year-
end performance.
- Carried.
Long Term Care Task Force on Resident Care and Safety – Director of Homes & Seniors
Services
The director presented the report outlining the task forces recommendations to ensure
residents at homes are free from abuse and neglect.
Moved by Councillor Mennill
Seconded by Councillor Wiehle
THAT the report titled Long Term Care Task Force on Resident Care and Safety dated June
19, 2012 be received and filed.
- Carried.
Kitchen Steamer Replacement: Bobier Villa – Manager of Support Services, Bobier Villa
The Director of Homes and Seniors Services presented the report, recommending purchase of
a kitchen steamer for Bobier Villa.
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County Council 3
Moved by Councillor Mennill
Seconded by Councillor Marr
THAT Council approve the relocation of $10,000 from the General and Administrative operating
budget to the Dietary capital budget; and,
THAT the report titled Kitchen Steamer Replacement: Bobier Villa dated June 19, 2012 be
received and filed.
- Carried.
Potential Impacts of Delayed Budget Adoption for the Township of Malahide – Director of
Financial Services
The director presented the report recommending action to be considered by Malahide Township
Council to avoid additional costs regarding the timing of tax notices.
Moved by Councillor Mennill
Seconded by Councillor Marr
THAT County Council send a letter to Malahide Council encouraging the Township to approve
its 2012 budget by no later than July 20, 2012, in order to avoid potential costly carrying
charges for Malahide (estimated at $15,000 per month), potential additional carrying charges for
the other six municipalities who may have to borrow funds while waiting for Malahide budget
approval; and, that the additional administrative costs of issuing two sets of tax bills until the
capping calculations can be finalized; and,
THAT a copy of this recommendation be sent to each municipal partner.
- Carried Unanimously.
CORRESPONDENCE
Item for Consideration
1. Tanya Yoganathan, Realty Disposal Publisher, Infrastructure Ontario, with Realty Disposal
Notice for property in Southwold Township.
Moved by Councillor Wiehle
Seconded by Councillor Jenkins
THAT Correspondence Item #1 be received and filed.
- Carried.
CORRESPONDENCE
Items for Information (Consent Agenda)
1. Jim Toye, President, Canadian Association of Municipal Administrators (CAMA),
recognizing the dedication of public service and municipal management members.
2. Hon. Dwight Duncan, Deputy Premier, Minister of Finance, acknowledging Councils
concern regarding the redevelopment of the St. Thomas Elgin General Hospital.
3. Jeff Yurek, M.P.P., Elgin-Middlesex-London, expressing his concerns regarding the
relocation of the St. Thomas ODSP office to London.
4. Hon. Bob Chiarelli, Minister of Transportation, acknowledging Councils resolution in
support of Private Members Bill 27, Gasoline Tax Fairness for All Act, 2011.
5. Bill White, CAO/Clerk, Town of Minto, with a resolution regarding the Source Water
Protection Program.
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County Council 4
6. Stephen Casselman, A/Manager, Protection Section, Ontario Ministry of Natural
Resources, announcing approval of eleven habitat regulations under the Endangered
Species Act.
7. Dennis Travale, Chair, Board of Directors, South Central Ontario Region Economic
Development Corporation (SCOR) providing an update on SCORs recent activities and
successes.
8. Mayor Heather Jackson, City of St. Thomas, expressing disappointment regarding the
Citys appointment to the St. Thomas Elgin General Hospital Board of governors.
9. Hon. Deb Matthews, Minister of Health and Long-Term Care, responding to
Elgin County Councils resolution regarding the placement of psychiatric patients in long-
term care homes.
10. Brian Masschaele, Director of Community and Cultural Services, expressing appreciation
to Polar Imaging Inc. for their donation of a microfilm reader-printer to the John Kenneth
Galbraith Reference Library, Dutton.
11. AMO Breaking News bulletin announcing the Ministry of Community Safety and
Correctional Services establishment of a new stakeholder adviso
of Policing Advisory Committee.
In regard to Correspondence Item #1: The Warden recognized the Chief Administrative Officer
(CAO) on the occasion of his 20 plus years as a CAO and presented him with a 20-year pin
from the Canadian Association of Municipal Administrators.
Moved by Councillor Jenkins
Seconded by Councillor McWilliam
THAT Correspondence Items #1 - 11 be received and filed.
- Carried.
OTHER BUSINESS
Statements/Inquiries by Members
th
Councillor Couckuyt invited councillors to attend special activities in honour of Aylmers 125
anniversary this year.
Notice of Motion
- None
Matters of Urgency
- None
Closed Meeting Item
Moved by Councillor Mennill
Seconded by Councillor Couckuyt
THAT we do now proceed into closed meeting session in accordance with the Municipal Act to
discuss matters under Section 240.2 (a) the security of the property of the municipality or local
board Scott D. Avery (Company) Ltd. Lease.
- Carried.
The Deputy Director of Engineering Services presented the report on the lease.
Moved by Councillor Jenkins
Seconded by Councillor Marr
THAT we do now rise and report.
- Carried.
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County Council 5
Moved by Councillor Mennill
Seconded by Councillor McIntyre
THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease
agreement with Scott D. Avery (Company) for Room #223; and,
THAT the lease start on June 1, 2012 for a rate of $14.55 per square foot for year one
($3,492.00) and $14.85 per square foot for 11 months, year two ($3,267.00 for 11 months), plus
the HST.
- Carried.
Motion to Adopt Recommendations of the Committee of the Whole
Moved by Councillor Marr
Seconded by Councillor Jenkins
THAT we do now adopt recommendations of the Committee Of The Whole.
- Carried.
BY-LAWS
Moved by Councillor Couckuyt
Seconded by Councillor Jenkins
THAT By-Law No. 12 -15 Being By-Law to Adopt Optional Tools for the Purposes of
Administering Limits for the Commercial, Industrial and Multi-Residential Property Classes be
read a first, second and third time and finally passed.
- Carried.
Moved by Councillor Wiehle
Seconded by Councillor McWilliam
THAT By-Law No. 12-16 Being a By-Law to Confirm Proceedings of the Municipal Council of
the Corporation of the County of Elgin at the June 26, 2012 Meeting be read a first, second and
third time and finally passed.
- Carried.
ADJOURNMENT
Moved by Councillor McIntyre
Seconded by Councillor McWilliam
THAT we do now adjourn at 4:07 p.m. and meet again on July 10, 2012 at the County
Administration Building Council Chambers at 9:00 a.m.
- Carried.
Mark McDonald, Bill Walters,
Chief Administrative Officer. Warden.
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REPORTS OF COUNCIL AND STAFF
July 24, 2012
Council Reports – (ATTACHED)
Councillor Cameron McWilliam – Dutton Ambulance Base Building Committee – Floor Plan
Staff Reports – (ATTACHED)
Director of Community and Cultural Services – International Plowing Match Legacy
Agricultural Scholarship – 2012 Winners
Eileen de Jager, Library Supervisor – Influence of Full-Day Kindergarten on Library Programs
Eileen de Jager, Library Supervisor – Culture Days 2012 – Author Visit
Director of Engineering Services – Speed Zone and No Parking Amendment – Plains Baptist
Church, Sparta Line at Fairview Road
Deputy Director of Engineering Services – New Road Maintenance Agreement
Deputy Director of Engineering Services – Joseph Street, Port Stanley – Tender Pre-Approval
Director of Homes and Seniors Services – Surge Learning – Online Training
Director of Homes and Seniors Services – Policy on Fragrances and Scented Products – New
Director of Homes and Seniors Services – Complementary and Alternative Medicine (CAM)
Therapies Policy – Final Document
Chief Administrative Officer – Medical Student Scholarship Program through the Health
Recruitment Partnership
Chief Administrative Officer – Appointment of Integrity Commissioner
Chief Administrative Officer – Memorandum of Understanding (MOU) for Temporary Officer –
Tree Commissioner
Director of Human Resources – Future Changes to Ontario Municipal Employees Retirement
System
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REPORT TO COUNTY COUNCIL
FROM: Councillor Cameron McWilliam, Chair - Dutton Ambulance Base Building
Committee
DATE: July 18, 2012
SUBJECT: Dutton Ambulance Base Building Committee - Floor Plan
INTRODUCTION:
Included in the 2012 capital budget are monies for the design of a new ambulance base
to be built in the Dutton area and in 2013 monies are allocated for the construction of a
new ambulance base. This report seeks County Council’s approval of the floor plan
layout for the new Dutton Ambulance Base.
DISCUSSION/CONCLUSION:
The Dutton Ambulance Base Building Committee has been meeting every month since
April, 2012 to consider a number of items, one of which is to come to a consensus on a
floor plan layout for the new Dutton Ambulance Base.
The Committee includes: Cameron McWilliam (Chair), Paul Ens (Vice-Chair), Jim
McIntyre, Clayton Watters, Jim Carter, Cole Aicken, Mac Gilpin, Randy Denning, and
Jim Malik.
Attached for Council’s approval is the proposed floor plan for the new Dutton
Ambulance Base. See Appendix A.
The floor plan is very similar to the recently built Aylmer Ambulance Base with a few
minor changes within the building. The floor plan also meets all current Building Codes,
current Accessibility Standards, and the requirements for Thames EMS who are
contracted by the County of Elgin to provide ambulance services.
The Committee unanimously agrees that the floor plan attached is well designed and
meets the needs of serving the County of Elgin.
Once the floor plan is , the next step will be to give the Committee-approved
approved
architect the go-ahead to start working on drawings for tender and building permit.
RECOMMENDATION:
THAT the attached floor plan for the new Dutton Ambulance Base be approved; and,
THAT this report titled “Dutton Ambulance Base Building Committee – Floor Plan” dated
July 18, 2012 be received and filed.
All of which is Respectfully Submitted Approved for Submission
Councillor Cameron McWilliam Mark G. McDonald
Chair, Dutton Ambulance Base Building Committee Chief Administrative Officer
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REPORT TO COUNTY COUNCIL
FROM: Brian Masschaele, Director of Community and Cultural Services
DATE: June 19, 2012
SUBJECT: International Plowing Match Legacy Agricultural Scholarship - 2012
Winners
INTRODUCTION:
At the September 27, 2011 meeting, County Council approved the allocation of $50,000
to be distributed over ten years for the creation of the “International Plowing Match
Legacy Fund Scholarship”. At the same meeting, Council approved the following
recommendation:
“That staff be directed to develop criteria for Council’s consideration to award
scholarships to one female and one male each year in the amount of $2,500 per
scholarship who are to attend college or university studying in agriculturally-related
programs.”
At the March 27, 2012 meeting, County Council approved criteria and an application
process for the scholarship. This report now informs Council of the successful
applicants for the inaugural International Plowing Match (IPM) Legacy Agricultural
Scholarship.
DISCUSSION:
The IPM Legacy Agricultural Scholarship Committee, consisting of the Warden,
Chairman of the 2010 IPM Executive Committee and Director of Community and
Cultural Services, recently adjudicated 2012 scholarship applications and are please to
announce that the following individuals are this year’s winners:
Female: Ms. Kari Huras, Southwold (Talbotville)
Male: Mr. Patrick Butters, Central Elgin
The adjudication committee was extremely impressed with the quality of their respective
applications, particularly their volunteer service to the community, their intimate
knowledge of agricultural issues and their ideas for the future. Ms. Huras is enrolled in
the Veterinary Technician Program at the Ridgetown Campus of the University of
Guelph and Mr. Butters is enrolled in the Bachelor of Commerce, Agricultural Business
program at the main campus of the University of Guelph. Each individual will be
awarded $2,500 towards their tuition fees for 2012-13. Their respective essays outlining
innovative ideas to further develop the County of Elgin’s strong agricultural base in the
st
21 century are attached to this report.
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CONCLUSION:
The IPM Legacy Agricultural Scholarship is off to a very strong start. The two winners
will serve as excellent ambassadors on behalf of the County as they pursue their
respective programs in agriculture. The adjudication committee would also like to
acknowledge the excellent supporting work of the Administrative Services Coordinator
in collating and distributing applications according to the terms of the scholarship criteria
to ensure confidentiality and impartiality throughout the adjudication process.
RECOMMENDATION:
THAT the Warden and County Council hereby acknowledge and congratulate Ms. Kari
Huras of Southwold (Talbotville) and Mr. Patrick Butters of Central Elgin as the 2012
winners of the International Plowing Match Legacy Agricultural Scholarship.
All of which is Respectfully Submitted Approved for Submission
Brian Masschaele Mark G. McDonald
Director of Community and Cultural Services Chief Administrative Officer
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15
REPORT TO COUNTY COUNCIL
FROM: Eileen de Jager, Library Supervisor
DATE: June 8, 2012
SUBJECT: Influence of Full-Day Kindergarten on Library Programs
INTRODUCTION
:
The full-Day Kindergarten Program is an initiative of the Ontario Ministry of
Education that offers children ages 4 and 5 years an enriched learning
environment designed to help them develop socially, emotionally, academically
and physically. It helps prepare them for future success and provides a balance
of direct instruction and play-based learning focused on reading, writing,
communication and math. The Ministry’s research shows that children enrolled
in full-day Kindergarten are better at early reading skills, math and drawing.
The province of Ontario began phasing in the full-Day Kindergarten Program in
the 2010- 2011 school year with full implementation in all schools by September
2014. The implementation program for schools in Elgin County is as follows:
2010-2011
Monsignor Morrison – St. Thomas
John Wise Public School - St. Thomas
Port Stanley Public School – Port Stanley
2012-2013
Elgin Court Public School – St. Thomas
Forest Park Public School – St. Thomas
June Rose Callwood Public School – St. Thomas
Lockes Public School – St. Thomas
Summers’ Corners Public School – Aylmer
Assumption – Aylmer
2013-2014
Aldborough Public School – Rodney
Dunwich-Dutton Public School – Dutton
McGregor Public School – Aylmer
New Sarum Public School – St. Thomas
Port Burwell Public School – Port Burwell
Straffordville Public School – Straffordville
South Dorchester Public School – Dorchester (Belmont)
Southwold Public School – St. Thomas
Springfield Public School – Springfield
Sparta Public School – Sparta
St. Anne’s Catholic School – St. Thomas
St. Mary’s Catholic School – West Lorne
16
2014-2015
Mitchell Hepburn Public School – St. Thomas
Pierre Elliott Trudeau French Immersion Public School – St. Thomas
DISCUSSION
:
The most noteworthy effect full-day Kindergarten will have on library programs is
reduced attendance of Pre-School Story time programs which are geared
towards children ages 3 to 6. As an example, story time program attendance at
Port Stanley Library has already decreased since the full-day Kindergarten
program has been implemented at Port Stanley Public School in September
2011.
In order to stay relevant in the lives of the 3 to 6-year old age group, the library
needs to take a pro-active approach and partner with schools to support the
goals of this program. However, children’s programs offered at Elgin County
Library already include the most important elements incorporated in the full-day
Kindergarten curriculum, namely structured play-based learning to foster literacy
skills. The important connection between play and enquiry-based learning is
already part of the library’s structured baby-and preschool story time programs.
In the report, “Full-Day Early Learning Kindergarten Program for Four- and Five-
Year-Olds: A Reference Guide for Educators”, special emphasis is placed on
school-community partnerships with special reference to “…visiting the local
library to provide access to resources and services that can provide additional
support to school staff, children and families”. In discussions with the Thames
Valley District School Board, the importance of partnerships with the library has
been emphasized and the cooperation of the Library is seen as critical in the
successful implementation of the program. Elgin County Library will continue to
work with local school boards in order to support the full-day Kindergarten
program.
To stay relevant, the library needs to
- Place more emphasis on preschool programs targeting the birth to 3-year
old age group, for example Moms and Tots programs and Baby time
programs.
- Develop outreach programs to schools and daycare centres in order to
keep the connection with the 4 and 5-year olds using class visits,
performers and author visits to create awareness of the library and its
programs.
- Train staff in order to make them aware of the new and different
challenges faced when with working with a younger audience like babies.
- Develop more programs that focus on the whole family, like Family Story
times.
- Develop new, or improve on existing literacy programs to support the full-
day Kindergarten curriculum outcomes.
17
Staff at Elgin County Library has identified the challenges created by the
implementation of the full day Kindergarten programs in schools and made a
number of changes and adaptations to address these challenges. As
previously mentioned, staff at the Port Stanley Library noticed a decrease in
attendance of the Pre-School story time by 3 and 4-year olds after the
implementation of full day Kindergarten at the Port Stanley Public School in
September 2011. In response to this, staff has successfully adapted the
structure and focus of the existing story time program to concentrate and
focus more on the 0 to 3-year old age group and also made a concentrated
effort to reach out to the growing number of home school students in the area.
These efforts resulted in greatly increased attendance of the Pre-School story
time program. Staff has also noticed an increase in families attending
programs together.
18
Starting September 2012, more branches of Elgin County Library will be
affected with more schools in Elgin County implementing the full day
Kindergarten program. In anticipation of the implementation, Elgin County
Library staff has taken steps to accommodate changes in program
attendance. A few of these steps include establishing more family-oriented
programs like family story times and book clubs, changing the times of
programs to accommodate families, more school class visits and school
outreach, more home school class visits and outreach, encouraging day care
centre visits to the library, establishing and promoting PD (professional
development) day programs at the library and partnering with organizations
like Tiny Tots to promote story time with toddlers. Branches have also been
promoting their Early Literacy Centers and electronic databases like
PebbleGo, TumbleBooks, TumbleBook Cloud and Kids Infobits. Steps are
also underway to give library staff more training opportunities which will
enable them to work with babies and toddlers, give them the opportunity to
discuss programming changes and to exchange programming ideas with
each other.
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CONCLUSION
:
This report informs Council that Elgin County Library is prepared to acknowledge
and handle the challenges brought about by the implementation of full-day
Kindergarten for 4 and 5-year olds.
RECOMMENDATION
:
That the report “Influence of Full-Day Kindergarten on Library Programs” dated
June 8, 2012 be received and filed.
All of which is Respectfully Submitted Approved for Submission
Eileen de Jager Mark G. McDonald
Library Branch Supervisor Chief Administrative Officer
Brian Masschaele
Director of Community and Cultural Services
20
REPORT TO COUNTY COUNCIL
FROM: Eileen de Jager, Library Supervisor
DATE: June 8, 2012
SUBJECT: Culture Days 2012 – Author Visit
INTRODUCTION:
Culture Days (www.culturedays.ca) is a collaborative pan-Canadian volunteer
movement started in 2010 to raise awareness, accessibility, participation and
engagement of all Canadians in arts and cultural life by presenting and
coordinating free public activities that take place throughout the country over the
last weekend of September of each year. Elgin County Library launched its
participation in 2011 with a successful event involving author Bonnie Burnard at
the Aylmer Olde Town Hall Theatre.
The third annual Culture Days weekend will take place September 28, 29 and 30,
2012. Elgin County Library has invited award-winning mystery author Maureen
Murdoch
Jennings to discuss how she came to write for the television series
MysteriesBomb Girls
and . She will read a short excerpt from one of her novels
and share her insights into the creative writing process. The second guest for
the evening will be Port Burwell author Janet Bolin, who will read from her
Dire Threads,
Agatha Award-nominated novel, and discuss how to use plot and
character development to plan the perfect mystery. The event will take place on
th
Saturday, September 29, 2012 at the Port Stanley Arena Hall, from 6:30pm to
8:30pm.
DISCUSSION:
Elgin County Library wishes to inform Council of the following plans for this
event:
As a registered Culture Days event, admission is free. Based on feedback
from last year’s event, no tickets will be issued. Seating will be first-come,
first-served. The venue has a seating capacity of up to 200.
After both authors’ readings, the audience will be encouraged to participate in
Murdoch
an open discussion about the books as well as the television series,
MysteriesBomb Girls
and .
The Book Store at Western University will serve as the on-site bookseller.
Both authors will be available for book signing.
The event will conclude with a short reception.
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REPORT TO COUNTY COUNCIL
FROM: Clayton Watters Director of Engineering Services
DATE: July 10, 2012
SUBJECT: Speed Zone and No Parking Amendment – Plains Baptist Church, Sparta
Line at Fairview Road
INTRODUCTION:
County Council directed staff to “hold a site meeting with church staff and the Warden,
prepare a sketch and demonstrate the locations of reduced speed limit signs on Sparta
Line; and, That staff report back to council. “ with regard to requested reduction in the
posted speed limit and a restriction of parking on Sparta Line at Fairview Road. This
direction was designed to address public safety concerns and the accessibility of church
patrons.
DISCUSSION:
Staff has reported twice to County Council regarding obstructed sight lines, due to road
side parking. Staff has recommended to establish a no parking zone in this location, for
the existing speed limit of the road, being a distance of 170 meters. This has been the
established practice at many other locations on County roads with similar safety
hazards. The recommendation had been sanctioned by the County’s insurer and the
County’s solicitor.
Staff provided Council with other options to consider, other than staff’s
recommendation. Council chose to direct staff to implement a compromise of a reduced
speed limit in the vicinity to permit a reduction in the restricted parking length required.
County Council therefore directed engineering staff to convene an onsite meeting with
the property owners (at the south-west corner of the intersection), the Warden, the
Deputy Mayor of Central Elgin and engineering staff to discuss and determine the
location of the 60 km/h speed zone on Sparta Line.
It was agreed that the speed zone should be as small as possible, so that its impact
would be negligible on the overall speed of the travelling public between Union and
Sparta. The zone would start east of the intersection and terminate west of the no
parking zone (see attached sketch).
The posted speed limit, 60 km/h, would begin 70 meters east of the south east property
limit corner of Sparta Line and Fairview and proceed 259 meters westerly to a point 137
meters from the north-west limit corner.
One option proposed at the meeting was to provide the church with additional angle
parking at the north-west corner between the cemetery and the road allowance. This
would require the transfer of county road allowance to the church or municipality. The
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area would be approximately 5 meters deep by 15 meters long allowing parking for 5
vehicles. The difficulties in permitting angle parking in this area is the creation of
additional traffic turning conflicts with vehicles entering and exiting the roadway. The
reduced visibility increases the potential for collisions. This type of parking has been
eliminated in most jurisdictions. Additionally the access at corner locations is normally
from the road with the stop locations, in this case Fairview Road. If this sort of parking
facility was proposed by any adjacent landowner, it would be denied by the County.
Therefore, the option to transfer county lands to create a parking area, near an
intersection, with no defined entrance or exit, is not recommended by staff.
The no parking on the south-west side (Sparta Line and Fairview Road) begins 58
meters west of north-west corner limit and proceed easterly 70 meters to a point 12
meters east of the north-west corner limit. The no parking on the north-west side
(Sparta Line and Fairview Road) begins 22 meters west of the north-west corner limit
and proceed easterly 34 meters to a point 12 meters east of the north-west corner limit.
Generally, the no parking area will only be restricted to the church frontage.
CONCLUSION:
The following recommendation represents a balance of interests in that the convenience
and accessibility for church patrons has been considered in relation to the inherent risks
associated with traffic flow.The reduction of the posted speed limit from 80 km/h to 60
km/h and the restriction of no parking will improve the public safety in an area identified
as a risk by both staff and the County insurer, Frank Cowan Insurance. Furthermore
that option of creating angle parking on County property will create greater risks than it
will solve and is therefore not recommended.
RECOMMENDATION:
THAT the existing speed zone by-law be amended to include a 60km/h reduced speed
zone on Sparta Line (County Road #27) from 70 meters east of the south-west limit
westerly 259 meters; and,
THAT the existing parking by-law be amended to include a no parking zone (on the
south-west corner of Sparta Line and Fairview Road) 70 meters long that begins 58
meters west of the north-west property limit and proceeds easterly 70 meters; and,
THAT the existing parking by-law be amended to include a no parking zone (on the
north-west corner of Sparta Line and Fairview Road) 34 meters long that begins 22
meters west of the north-west property limit and proceeds easterly 34 meters; and,
THAT the OPP be notified of the establishment of this reduced speed zone and no
parking restriction.
All of which is Respectfully Submitted Approved for Submission
Clayton Watters Mark G. McDonald
Director of Engineering Services Chief Administrative Officer
24
25
REPORT TO COUNTY COUNCIL
FROM: Peter Dutchak, Deputy Director of Engineering Services
DATE: July 3, 2012
SUBJECT: New Road Maintenance Agreement
INTRODUCTION:
As directed by Council at the May 26, 2009 meeting, the County Solicitor has prepared
a draft revised Road Maintenance Agreement. A staff-led Road Maintenance
Agreement Review Team comprised of the treasurers from the townships of Malahide
and Southwold, the road supervisors from the municipalities of Central Elgin and West
Elgin and County staff, have met with the County Solicitor to discuss reimbursement
rates, activities and processes.
Over the past three years a revised agreement and accompanying schedules have
been created to satisfy the interests of the County and municipal partners on how we
deliver road maintenance services. This report recommends that the completed draft
agreement be approved in principle by County Council so that it may be formally
circulated to the municipalities for final comment and execution.
A complete draft agreement with accompanying schedules has been produced in hard
copy to be circulated to councillors and municipalities. While each agreement is the
same, some schedules for each municipality are different.
DISCUSSION:
Since the fall of 1998, road maintenance activities for the County of Elgin have been
performed by Elgin’s local municipal partners under a formal agreement. Municipalities
are compensated for maintenance activities with lump sum payments based on the
lengths and classes of the roads maintained.
The existing maintenance agreement has expired as of December 31, 2010 and
therefore must be renewed.Also, subsequent to the Hipson Inquest, a fatal accident
which lead to a number of recommendations to improve safety, County Council directed
the County Solicitor and staff to complete a number of items to be incorporated into a
revised agreement with municipalities. Although the Coroner’s recommendations have
already been incorporated into practice, they are not formally addressed in the present
maintenance agreement and must be incorporated.
The following items have now been included in a revised Road Maintenance
Agreement:
26
1. More detailed specifications of service requirements.
2. Clarification of inspection requirements and duties, including joint quarterly
inspections.
3. Clarification of reporting requirements, including a reporting mechanism in
relation to deficiency identified during joint inspections and activity summaries.
4. Monthly invoicing mechanism conditional upon municipal fulfilment of
performance and reporting requirements.
5. Mechanism to complete required maintenance activities beyond the basic scope
of services identified in the agreement.
Funding Method
In June, 2011, Council approved to maintain the current method of compensation with
the addition of a mechanism to reimburse municipalities who choose to assist with
repairs beyond the basic scope of their responsibilities under the agreement. The
following resolution was therefore passed:
THAT the new maintenance agreement utilize the same lump sum
compensation model and scope of activities in use today for
municipalities, and include, an additional invoicing system to reimburse
municipalities for major maintenance work activities beyond the scope of
the existing agreement.
The new agreement pays municipalities on a monthly basis upon receipt of an invoice
from the municipality. Fifteen percent (15%) of a municipality’s annual allocation is
invoiced to the County during the months of November, December, January and
February, and five percent (5%) of the annual allocation is invoiced to the County of the
remaining months of the year. Winter control activities consume approximately two-
thirds of the annual allocation; therefore, this formula was developed in consultation with
the Review Team to address typical annual expenditure timing.
The continuance of the lump sum payment model provides consistent payments for
municipalities and the County while reducing administration as compared to a full
invoicing system. The model encourages municipalities to be efficient in the services
they deliver and are rewarded with the ability to retain any surplus created.
Funding Principle
The Elgin maintenance model operates under the assumption that the partner
municipalities control costs and may retain any surpluses for purposes deemed fit by
their councils. The understanding is that a fixed allocation is granted by the County and
the service is designed around the funds available.
To formalize this “Funding Principle” Council adopted the following resolution:
27
THAT the partner municipalities closely monitor the level of service they are
providing to limit maintenance expenditures and to work within the approved
yearly allocation, and,
THAT, as a general funding principle, the yearly maintenance allocation not be
exceeded given the latitude available for each participant to control costs and the
level of service provided.
This funding principle is especially important in years of positive budget variances.
Municipalities are encouraged to reserve any excess maintenance funds to offset years
with extraordinary expenses.
Experience over fourteen years has proven that year over year expenditures will
fluctuate (mainly due to winter weather conditions), however over time, municipalities
are adequately compensated for the maintenance activities they perform.
New Rates
Annual road maintenance allocations provided to municipalities have been developed
based upon the type of road classification and the number of kilometres maintained by a
municipality. The allocations paid to municipalities have been increased each year by
the October CPI and by an additional 2% in the year 2003 and by an additional 10% in
the year 2006.
As directed by Council, beginning on January 1, 2012, allocations were once again
increased to more accurately reflect the cost of maintaining higher volume roads and to
offset historically high fuel prices.2012 rates have been increased over 2011 rates as
follows: Class 1 roads – 24%, Class 2 roads – 12%, Class 3 roads – 6% and Class 4
roads – 3%. Allocations to municipalities were also increased an additional 2.7% in
2012, reflecting the Ontario CPI for the period of October 2010 to October 2011.
Although rates have increased over the past fourteen years, the maintenance activities
provided by the municipalities have remained relatively the same.
Scope of Services
The new agreement specifies in detail what activities a municipality is responsible for
completing for the base allocation they are provided. These “basic” activities generally
satisfy the Provincial Minimum Maintenance Standards and fulfill typical road
maintenance activities.
Maximum quantities, distances, number of treatments, etc., have been specified to
define the limits of a municipality’s responsibility for the “base” annual allocation they
are provided. Work activities beyond the scope of these thresholds are captured under
“Major Maintenance Activities” where municipalities are fully compensated in addition to
their annual allocation.
28
Major Maintenance Activities
A service gap still exists between the “basic” activities completed by municipalities
under this agreement and “capital” projects completed by the County annually. A
mechanism in the agreement has been developed to address this gap in service.
For example, if a pothole forms in the road, a municipality is responsible for patching the
hole under their “Scope of Services”, but this may not fix the underlying issue. If it is
determined that a broken tile under the road has created the pothole, the municipality is
given the opportunity to fix the tile and patch the road while being fully compensated by
the County, above and beyond their “base” allocation. If the municipality chooses not to
complete the repair, the County then hires a contractor to complete the work.
Some municipalities neither have the time, nor resources to complete “major”
maintenance work and this mechanism in the agreement provides municipalities the
flexibility to accept additional work and be fully compensated, or to choose not to
complete the work and allow the County to have the required work completed by a
contractor.
Some examples of “major maintenance activities” that would trigger additional full
reimbursement include:
Culvert replacements
o
Catch basin / lead repairs
o
Entrance culvert replacements
o
Washout repairs (beyond what is defined)
o
Guide Rail repairs (beyond what is defined)
o
Asphalt patches
o
Bridge repairs
o
Maintenance Best Practices
In addition to the defined “Scope of Services” in the agreement, a separate appendix
provides guidance to municipalities on “how” to achieve the scope of services. The
Maintenance Best Practices are specifications outlining industry accepted methods and
local policies to assist municipalities in completing their obligations under the
agreement.
While they are included, the agreement provides municipalities with the flexibility to
follow them or not, so long as the municipality’s alternative methods are as effective as
those identified in the best practices and are approved by the County.
29
CONCLUSION:
The existing County road maintenance system has been in operation for fourteen years
and the existing maintenance agreement expired as of December 31,2010.
The findings of the Hipson Inquest determined that the County must take an active role
ensuring that required maintenance is completed on the roads the County has
jurisdiction over. The County has adopted inspection and reporting practices to address
the recommendations of the Hipson Inquest and now those processes are formalized in
the new agreement.
County staff, the County Solicitor and a review team comprised of administrative
representation from four municipalities have been working on a revised road
maintenance agreement.
New maintenance allocation rates have been implemented by County Council since
January 1, 2012, reflecting clearly defined responsibilities and accounting for historically
high fuel prices.
The agreements and associated schedules must now be approved in principle by
County Council so that they may be formally circulated to our municipal partners for
comment, in an effort to have the agreement executed and commencing on January 1,
2013.
RECOMMENDATION:
THAT the County Road Maintenance Agreements be approved in principle; and,
THAT the agreement be circulated to municipal councils requesting that comments be
received no later than September 28, 2012.
All of which is Respectfully Submitted, Approved for Submission,
Peter Dutchak Mark G. McDonald
Deputy Director of Engineering Services Chief Administrative Officer
Clayton Watters
Director of Engineering Services
5
30
REPORT TO COUNTY COUNCIL
FROM: Peter Dutchak, Deputy Director of Engineering Services
DATE: July 9, 2012
SUBJECT: Joseph Street, Port Stanley - Tender Pre-Approval
INTRODUCTION:
As part of the approved 2012 Capital Budget, tenders will be advertised per the
County's Procurement Policy for the reconstruction of storm sewers on Joseph Street in
Port Stanley. This report seeks pre-approval to permit staff to award the tender so that
the project is not delayed.
DISCUSSION / CONCLUSION:
The 2012 Capital Budget has allocated $200,000 to reconstruct a section of Joseph
Street in Port Stanley between Colbourne Street and East Road. The project includes
replacing the existing storm drainage, installing curb and gutter and asphalt paving.
The tender will be advertised until August 2, 2012. The next regular County Council
meeting is scheduled for September 11, 2012 when the tender would normally be
awarded by Council.
As a normal practice, roadwork is not scheduled in Port Stanley during the summer
months and therefore this project is planned to begin after the Labour Day holiday in
September.
Staff, therefore, requests the authority to award the tender so long as County policies
are adhered to, the lowest price is selected and the awarded price is within the budget
allocation, so that the project is not unnecessarily delayed. Tender results will be
th
reported to Council at their September 11 meeting.
RECOMMENDATIONS:
THAT staff is authorized to award the Joseph Street, Port Stanley reconstruction tender
to the lowest bidder provided that the awarded price is within the budget allocation; and,
THAT the Warden and Chief Administrative Officer be authorized to enter into an
agreement with the lowest bidder for the Joseph Street, Port Stanley reconstruction
tender, Contract No. 6220-12-03.
All of which is Respectfully Submitted Approved for Submission
Peter Dutchak Mark G. McDonald
Deputy Director of Engineering Services Chief Administrative Officer
Clayton Watters
Director of Engineering Services
31
REPORT TO COUNTY COUNCIL
FROM: Rhonda L. Duffy
Director of Homes & Seniors Services
DATE: July 12, 2012
SUBJECT: Surge Learning – Online Training
INTRODUCTION:
On July 1, 2010, the Long Term Care Homes Act and Regulation 79/10 took effect in
Ontario. This legislation governs all long term care homes. The requirements under the
LTCH Act and Regulations require orientation of new hires and annual mandatory
training of all long term care home staff on 27 education topics/programs. Challenges
meeting these requirements have been experienced both financially and logistically (i.e.
manager/staff time).
DISCUSSION:
Online training for staff has been discussed by managers and staff of the homes as a
possible viable option to achieve compliance with LTCH Act/Regulations. A Long Term
Care specific on line training program, produced by Surge Learning, is available to
assist the homes for a very nominal fee. Discussions with Surge Learning have
occurred and would involve the following:
One time implementation fee of $750 + $97.50 (HST) = $847.50
Subscription cost of eight (8) cents per resident per day. The breakdown for the
three (3) homes is: Bobier Villa – 57 beds – annual fee of $1489; Elgin Manor –
90 beds – annual fee of $2628;; and Terrace Lodge – 100 beds – annual fee of
$2920 plus $914.84 HST. Total annual cost of $7952.04
“Superuser” required at each home – Nurse Educator could be the lead for
training and updating programs/tests/policies. Initial training and support
provided by Surge learning.
Monies from: suppliers – MedPro Direct - $3000 (annually per current contract for
staff education); PT Health -$300 (one time donation); Medical Mart (1/4
rebates); Futuremed (based on spending); staff development budgets
Cost of implementation is within budget and efficiencies may occur within the 2013
budget due to decrease in staff classroom training time versus on-line training.
Benefits to online training include:
Annual online training for all staff for mandatory training requirements plus
policies, webinar opportunities, policy and procedure review, etc
32
More time dedicated to the unique learning goals created by staff through their
self-assessment, as well as their training results
Learning modules are available and accessible to staff anytime, anywhere
(home/work) - we set the goals; staff set the pace
Staff skill section – (i.e. annual certification for CPR, etc)
Message board –individual staff and/or by group (i.e. registered staff) –
messages are instantly emailed to staff
Warnings for overdue courses
My courses section – mandatory courses, courses due in 30 days, overdue, etc
Policies and procedures can be added for mandatory review and electronic
signature
Tests and evaluations for all courses/modules
250 modules to select courses to upload based on our needs – modules based
on best practice (e.g. College of Nurses, Regional Infection Control Network, etc)
Ability to provide volunteer training and family members through “guest”
password (e.g. admission package/relevant topics)
Ability to use for orientation process of new hires, return from maternity
leave/STD/LTD
Record keeping – no need for attendance records or manual spreadsheets
Report capabilities for MOL/MOHLTC/performance reviews/overdue modules
Live in-service capabilities once homes are connected to OTN
CONCLUSION:
Surge Learning has long term care experience and understands the issues faced by
long term care. They offer an innovative solution for training and record keeping that
meets the learning needs of our organization; and, the mandatory annual and
orientation training requirements under the Long Term Care Home Act, 2007 and
Regulations. Management time saved can be dedicated to policy and procedure
review/development and implementation of LTCH Act and Regulations.
RECOMMENDATION:
THAT the report titled “Surge Learning – Online Training” dated July 12, 2012 be
received and filed.
All of which is Respectfully Submitted Approved for Submission
Rhonda L. Duffy Mark G. McDonald
Director of Homes & Seniors Services Chief Administrative Officer
33
REPORT TO COUNTY COUNCIL
FROM: Rhonda Duffy, Director of Homes & Seniors Services
DATE: July 9, 2012
SUBJECT: Policy on Fragrances and Scented Products – NEW
INTRODUCTION:
In order to ensure a healthy work environment for staff and quality of life for residents,
staff has developed a policy in response to expressed concerns of fragrances and
scented products in the homes.
DISCUSSION/CONCLUSION:
A policy has been developed as a guideline in response to potential concerns regarding
the use of fragrances and scented products within the workplace.
Fragrances and scented products may include, but are not limited to; soap, shampoo,
deodorant, laundry products, hair spray, lotions, cosmetics, perfumes, aftershave, air
fresheners, flowers, plants and cleaning products.
The Fragrances and Scented Products policy and procedure will serve as a guideline
to assist staff in responding to potential health concerns related to the use of fragrances
and scented products in the workplace.
RECOMMENDATION:
THAT Council approve the policy on Fragrances and Scented Products for
implementation in the Homes; and,
THAT the report titled "Policy on Fragrances and Scented Products - NEW" dated July
9, 2012 be received and filed.
All of which is Respectfully Submitted Approved for Submission
Rhonda Duffy Mark G. McDonald
Director of Homes & Seniors Services Chief Administrative Officer
34
DRAFT
HOMES AND SENIOR SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT SUBJECT: Fragrances and Scented Products
: Administration
APPROVAL DATE: July 2012 REVISION DATE:___________
Page 1 of 2
PURPOSE:
This policy has been developed as a guideline in response to potential concerns regarding the use
of fragrances and scented products within the workplace.
PROCEDURE:
:
Definition
Fragrances and scented products may include, but are not limited to; soap, shampoo, deodorant,
laundry products, hair spray, lotions, cosmetics, perfumes, aftershave, air fresheners, flowers,
plants and cleaning products.
Fragrances and scented products in the workplace can have an adverse impact on health due to
the release of chemicals which may trigger reactions in individuals with chronic conditions such
as asthma, migraines, allergies or chemical sensitivities. While in the workplace, employees are
asked to be considerate in the use of fragrances and scented products. Employees may be asked
to refrain from using such products due to identified health concerns of others.
Guidelines:
Each situation will be responded to separately based on the specific circumstances involved.
Every effort will be made to resolve the issue in a way that is respectful of the feelings and
dignity of all concerned.
The Homes' Management response will be guided by its responsibility to provide employees
with a safe work environment which does not compromise his/her health or well being.
Management/Supervisor:
Identify and document employees' concerns i.e., impact the fragrance/scented product is
having on his/her health
Obtain specific information from employee regarding impact on health (symptoms – runny
nose/eyes, headache, etc) related to fragrance/scented product
Openly discuss and ask questions – is it the amount? Is it the type?
35
DRAFT
HOMES AND SENIOR SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT SUBJECT: Fragrances and Scented Products
: Administration
APPROVAL DATE: July 2012 REVISION DATE:___________
Page 2 of 2
Obtain specific information from employee regarding what the employee is doing to relieve
the symptoms
Work with both parties in order to reach a resolution in a cooperative manner
Encourage employee to discuss concerns in a positive manner with the staff member using
the product
If employee elects for manager/supervisor to discuss with the person involved; explain the
health concerns that have arisen from wearing/applying the product in the workplace and
discuss options for resolution
In an effort to resolve the concern, the manager/supervisor may request that the fragrance or
scented product not be worn or applied in the workplace
Employee:
If a fragrance/scent being worn by a co-worker is causing potential concerns, the employee is
encouraged to utilise the communication charter
Discuss options for a mutually agreeable resolution to the concern
Alternatively, seek the assistance of the manager/supervisor
Concerns related to resident use of fragrances/scented products:
All resident related concerns shall be brought forward to the manager/supervisor. The
manager/supervisor will address the concern with the resident and/or personal representative
(for incapable residents) directly. As in employee to employee situations, the
manager/supervisor will work toward a positive resolution for both parties.
36
REPORT TO COUNTY COUNCIL
FROM: Rhonda Duffy, Director of Homes and Seniors Services
Mark G. McDonald, Chief Administrative Officer
DATE: July 16, 2012
SUBJECT: Complementary and Alternative Medicine (CAM) Therapies Policy – Final
Document
INTRODUCTION:
At its June 12, 2012 meeting, Council approved in principle the attached policy on
complementary and alternative medicine for circulation to the general public for
comment. Advertisements soliciting comments on the policy were issued in several
newspapers as well as on the County’s website with a deadline for comments on Friday,
July 13, 2012. Two written responses were received and both were supportive of the
policy with no amendments being proposed.
DISCUSSION:
As discussed in an earlier report there is greater and greater demand for alternative and
complementary care in long term care facilities. These types of therapies require policies
and procedures to protect resident’s rights and to ensure that the implementation of such
therapies is handled in a consistent manner across Elgin’s facilities. The attached policy
captures that intent.
CONCLUSION:
Elgin County’s first Complementary and Alternative Medicine (CAM) Therapies Policy is
ready for final approval and implementation. The document represents months of
dialogue, research and public input.
RECOMMENDATION:
THAT the attached policy titled “Complementary and Alternative (Medicine) Therapies”
dated July 16, 2012 be approved for immediate implementation.
All of which is Respectfully Submitted Approved for Submission
Rhonda Duffy Mark G. McDonald
Director of Homes and Seniors Services Chief Administrative Officer
37
COMPLEMENTARY AND
ALTERNATIVE (MEDICINE)
THERAPIES
POLICY
for
ELGIN COUNTY
LONG TERM CARE HOMES
JULY 16, 2012
38
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 1 of 19
TABLE OF CONTENTS
PAGE
COMPLEMENTARY AND ALTERNATIVE THERAPIES
General - Policy, Purpose, Preamble, 3
A. Procedure 3, 4
B. Principles Guiding the Use of Complementary/
Alternative Therapies 5
C. Guidelines for the Use of Complementary/Alternative Therapy
Section 1: Practicing Regulated Professionals 6, 7
Section 2: External Care Provider; Resident/SDM Responsibility 7, 8
Section 3: The Alternative/Complementary Therapy Provider
Responsibility 8
Section 4: Consent and Capacity 9
Section 5: Documentation 9
Section 6: Education 9
Section 7: Solicitation, Promotion and Advertising 10
Section 8: Conflict of Interest 10
Section 9: Management of Potential Conflict 11
ProtocolAppendix “A” 12
FORMS
Form 1:Authorization/Consent for Complementary and Alternative
Therapy by External Care Provider 13 - 15
Form 2: Complementary/Alternative Therapy Consultation/
Treatment Report External Care Provider 16 - 18
Form 3: External Care Provider Requirement 19
39
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 2 of 19
TABLE OF CONTENTS
(continued)
NOTE:
These guidelines were adapted from information in the St. Joseph’s Health Care
(London) Complementary/Alternative Therapy Guidelines and Complementary/
Alternative Medicines (CAM) and Natural Health Products (NHP) Guidelines and from
City of Toronto Home’s Alternative Medicine Policy.These guidelines have been
approved by Elgin County Council.
Definitions:
Throughout this document:
Resident* – includes residents, and substitute decision makers/personal representative/
Power of Attorney for Health Care
Physician and other health care team members** – includes physicians, nurses and allied
Health members
SDM – substitute decision maker
PAC – Professional Advisory Committee
40
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 3 of 19
COMPLEMENTARY AND ALTERNATIVE THERAPIES
POLICY:
The Home shall develop and maintain processes to respond to resident requests for
alternative medicine/herbal remedies.
PURPOSE:
1. To define a process for residents who wish to self-administer alternative
medicine/herbal remedies.
2. To provide guidelines for Registered Staff regarding alternative medicine/herbal
remedies.
PREAMBLE:
Under the Resident’s Bill of Rights, residents have the right to give or refuse consent to
treatment, including medication. Residents also have a right to be informed of the
consequences of treatment. Attendingphysicians may be unfamiliar with alternative
medicines/herbal remedies and its consequences of treatment. Interaction of these
alternative medicines/herbal remedies may be unknown to the attending physician.
A. PROCEDURE:
1. Resident/SDM reviews resident’s wish to take alternative medicine/herbal
remedies with the Care Team.
2. Verify with attending physician and clinical pharmacist if alternative medicine/
herbal remedy is appropriate treatment for resident as informed by evidenceand
science and knowledge of drug interactions and adverse drug effects.
3. The resident/SDM may consult as appropriate with other healthcare practitioners.
Best efforts will be made by the resident/SDM to consult with CAM providers to
assist in acquiring this knowledge before CAM decisions are made.
41
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 4 of 19
4. The attending physician may decide not to order the alternative medicine/herbal
remedy and possesses the full and unfettered discretion to do so. Furthermore,
the attending physician may determine that the commencement of the alternative
medicine/herbal remedy necessitates revision of the existing treatment plan for the
resident and he or she maintains the full and unfettered discretion to do so after
confirmation that such alternative medicine/herbal remedy has commenced.
5. In the absence of an attending physician’s order, nursing staff willnot administer.
6. If the resident chooses to take alternative medicine/herbalremedies without an
attending physician’s order, the resident and the Power of Attorney for Personal
Care and Power of Attorney for Finance, must sign the attached waiver that they
have decidedto pursue remedies/treatment whose benefit cannot bedetermined
by the attending physician and may interact negatively with medications ordered
by the attending physician.
7. If the resident chooses to take alternative medicines/herbal remedies without an
attending physician’s order and the requisite waiver is properly signed, then the
decision to do so, including communication of that decision to the attending
physician, shall be duly and appropriately noted within the resident’s records.
Without limiting the generality of the foregoing, the master profile maintained in
respect of the resident shall be noted that the resident receives an alternative
medicine/herbal remedy without order from an attending physician.
8. If the resident is deemed legally incompetent to make health care decisions as
determined by an authorized capacity assessor and SDM wishes to proceed with
a waiver, indicate clearly that the SDM will not store alternative medication/herbal
remedy in the facility and SDMwill supply and administer on a visit-by-visit basis.
9. Waiver is to be filed in the miscellaneous section of the resident’s health care
record.
10. Protocol, Appendix ‘A’ to be followed if resident/SDM chooses to take
alternative/herbal remedies without an attending physician’s order.
42
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
____________________________________________________________________Page 5 of 19
B. PRINCIPLES GUIDING THE USE OF COMPLEMENTARY/ALTERNATIVE
THERAPIES AT THE COUNTY OF ELGIN HOMES
1. The Home’s attending physicians and other health care team members**
recognize the rights of the resident/SDM* regarding the use of complementary/
alternative therapy and will endeavour to be open to discussion regarding its use.
2. Attending physicians and other health care team members** may inquire as to
the resident’s/SDM’s* use of or the potential/intended use of complementary/
alternative therapies.
3. The resident/SDM* has a responsibility to inform the Home’s attending
physicians and other health care team members** about the use or intended use
of a complementary/alternative therapy particularly at initial intake meeting.
4. The use of complementary/alternative therapy may be utilized as a substitute for
conventional therapies if that is the resident/SDM’s choice.
5. The Home’s attending physician and other health care members** may,
but are not obligated to, inform the resident/SDM* of his or her understanding of
the science and evidence of any benefits, risks and/or side effects of which he or
she may be aware regarding the use of a complementary/ alternative therapy.
Similarly, the Home’s attending physician may, but is not obligated to, advise the
resident/SDM* of his or her decision recommending against the use of the
proposed complementary/alternative therapy but shall advise the resident/SDM*
of his or her decision not to authorize any such therapy by physician’s order.
This information, in conjunction with any information provided by the resident’s
CAM providers, shall be taken into account by the resident/SDM* prior to any
decision to proceed to take the proposed complementary/ alternative therapy.
6. Any risks to the Home’s attending physicians, other health care team members**
and other residents* shall be identified and managed.
7. The Home’s attending physicians and other health care team members** may
decline involvement with complementary/alternative therapy if they perceive it
may expose the resident* to undue risk or if it is inconsistent with their College
guidelines.
43
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 6 of 19
C GUIDELINES FOR THE USE OF COMPLEMENTARY/ALTERNATIVE THERAPY
.
AT ELGIN COUNTY HOMES
Section 1:Practicing Regulated Professionals
These guidelines are applicable to the Home’s attending physicians and other health
care team members of the Home providing complementary/alternative therapy.
Additionally, individuals who practice under the Regulated Health Professions Act
(RHPA, 1991) or Drugless Practitioners Act who may provide complementary/
alternative therapies through the use of these guidelines include but may not be limited
to:
Audiology & Speech Pathology
Chiropody (Podiatry)
Dental Hygiene
Dental Technologist
Denturism
Denturist
Dietetics
Massage Therapy
Medical Laboratory Technologist
Medical Radiology Technologist
Medicine
Naturopathic Medicine
Nursing
Occupational Therapist
Optometrist
Pharmacist
Physiotherapist
Psychologist
Respiratory Technologist
Social Workers
44
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 7 of 19
1. Health care professionals can demonstrate that they have successfully completed
an acceptableprogram as defined through his/her respective College Standards of
training in a specific therapy.
2. Therapies provided are deemed to be part of the scope of professional competence
for that health care professional or provider.
3. The therapy is requested by the resident/SDM*, OR is offered by the provider
and accepted by the resident/SDM*. (Section 3 Consent)
4. No additional personal compensation can be accepted by the Home for the
provision of the service to a resident* of the Home or following discharge (except
formedical staff where it is an uninsured service).
5. The resident/SDM* is responsible for any charges related to the complementary/
alternative therapy.
6. The therapy provided is identified and documented as part of the Plan of Care;
attending physician and other health care team members** are fully aware of this
plan.
7. Specific protocols/processes within the resident’s* Plan of Care are followed.
8. The therapy does not incorporate the use of unregulated and/or controlled
substances except as permitted by law.
9. Agreements regarding supply/equipment maintenance and storage and use of
space are reached between the provider and the health care team members**.
Equipment in question requires approval by Maintenance prior to use according
to Homes’ policy.
Section 2:External Care Provider Practicing Complementary/Alternative Therapy;
The Resident/SDM* Responsibility
1. Identifies a therapy provider, initiates the contact and contracts with the therapy
provider of their choice.
2. Assesses the appropriateness of the training and credentials of the provider
chosen.
45
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 8 of 19
3. Provides direct and full remuneration to the identified provider for treatment time
and supplies.
4. Evaluates the effectiveness of the therapy.
5. Terminates the relationship with the provider.
Section 3:The Alternative/Complementary Therapy Provider Responsibility
1. Provides proof of competency in the specific therapy (i.e. completion of relevant
training and/or written examinations), and of sufficient liability insurance to the
Home*.
2. Identifies him/herself to the Home’s Manager of Resident Care/Registered Staff
designate and notifies the attending physician and health care team members**
before the planned treatment/appointment.
3. As with all medical/doctor ordersdocuments the informed consent, all aspects of
the therapy and outcome of the therapy on a “Complementary/Alternative Therapy
Consultation Treatment Report - External Care Provider” document and places it in
the health record immediately following therapy treatment.
4. Informs the resident/SDM* of any known conflict with conventional therapy and
documents that known conflict on the health record.
5. Provides therapy that does not incorporate the use of regulated and/or controlled
substances except as permitted by law.
6. Treats/intervenes only with the resident* with whom they have contracted for
service.
7. Supplies, maintains (safety and cleaning) and stores equipment associated with
the therapy.
8. Complies with the Home’s policies including infection control practices.
9. Provides evidence of training in relation to proper personal protective equipment
(PPE) use.
46
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
_____________________________________________________________________Page 9 of 19
Section 4:Consent and Capacity
1. Informed consent is obtained directly from the resident/SDM by the person
providing the complementary/alternative therapy and is documented by the
provider in the resident’s record.
2. Where resident capacity is in question and the SDM is acting on the resident’s
behalf, evidence of a legal capacity assessment must be provided prior to any
alternative complementary therapies being initiated.
Section 5:Documentation
1. The Home’s attending physicians and other health care team members**
providing complementary/alternative therapy willdocument the informed consent,
aspects of the therapy and the outcomes of therapy in the resident’s record.
2. External Care Providers providing complementary/alternative therapy will
document the informed consent, aspects of the therapy and the outcomes of
therapy on the “Complementary/Alternative Therapy Consultation Treatment
Report - External Care Provider” document. This document will be placed in the
resident’s record.
Section 6:Education
Education for residents/SDM* and the Home’s attending physicians and other health
care team members** regarding complementary/alternative therapies is encouraged.
Training sessions, seminars, workshops and/or demonstrations that take place within
the Home must be clearly identified with “Use of the Home’s facilities does not reflect
the endorsement of the Home’s for this or any other complementary/alternative
therapies.” Learners and participants who are the Home’s attending physicians or other
health care team members** are encouraged to discuss their interests in the use of
complementary/alternative therapies with the attending physicians and other health care
team members**.
47
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
____________________________________________________________________Page 10 of 19
Section 7:Solicitation, Promotion, and Advertising
Solicitation, promotion or advertising of complementary/alternative therapies are
supportedunder the following conditions:
NOT
1. Solicitation and promotional activities are to be placed in resident care areas or
care areas accessed by residents*.
2. There is no direct nor indirect solicitation (i.e. handing out business cards or
promotional pamphlets) to residents*.
3. No conflict of interest is present. (Section 7: Conflict of Interest)
4. All promotional materials and activities clearly identify that the complementary/
alternative therapies are “not necessarily endorsed by the Home’s”.
5. Potential residents are responsible for discussing his/her interests in or use of the
**.
therapies with the attending physician and other health care team members
Section 8:Conflict of Interest
**
A conflict of interest occurs if an attending physician, other health care team member
or volunteer uses his/her position or relationship with any resident* to solicit services or
materials for personal financial gain or uses the Home’s equipment, services, space or
materials for marketing of complementary/alternative therapies and products. If a
conflict of interest occurs the person will attend a multidisciplinary meeting to discuss
the conflict.
Individuals who practice under the RHPA (1991) are expected to refer to their
professional College’s conflict of interest guidelines.
48
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
___________________________________________________________________Page 11 of 19
Section 9:Management of Potential Conflict
**
No attending physician or other health care team member (practicing under the
RHPA) will be placed in a position of compromise with respect to their profession.
It is anticipated that most conflicts regarding care can be resolved through respectful,
*
and open dialogue and collaboration among residents/SDM’s, attending physicians,
**
other health care team members and the therapy provider.
“Without limiting the generality of the foregoing, it is acknowledged that at no time shall
the Home’s attending physician be required to execute documentation respecting a
complementary/alternative therapy which he or she has not authorized by order,
including but not limited to documentation supporting any claim by the resident to
insurance coverage reimbursement or tax deduction in respect of such therapy.”
49
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT:Complementary and Alternative Therapies;
Complementary and Alternative Medicines-
Natural Health Products
APPROVAL DATEREVISION DATE:
:
_____________________
____________________________________________________________________Page 12 of 19
PROTOCOL
APPENDIX “A”
If alternative therapy is chosen then the therapist provides proof of (Form 3):
Liability insurance
Proof of registration with a regulated health college or other accrediting body as
applicable.
A THERAPIST FAILING TO PROVIDE REQUIRED INFORMATION SHALL BE
DENIED ACCESS TO THE HOME.
1. Consent obtained by therapist from resident/SDM. Resident’s competency assessed
by attending physician and or registered staff.
2. Attending physician and registered staff must be made aware of and in writingthe
complementary/alternative therapy, consultation/treatment report (Form 2) prior to
initiation of therapy. Treatment report reviewed by attending physician a minimum of
quarterly or when there is a change in resident status (i.e. INR). Multidisciplinary
team meeting may be required with resident/SDM, to review the treatment report.
3. Treatment plan shall be written in the resident’s care plan.
4. Management of potential conflict - No attending physician or other health care team
**
member (practicing under the RHPA) will be placed in a position of compromise
with respect to their profession. It is anticipated that most conflicts regarding care
can be resolved through respectful, and open dialogue and collaboration among
***
residents/SDMs, physicians, other health care team members and the therapy
provider.
50
FORM 1
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative Therapy
by ExternalProvider –
AUTHORIZATION/CONSENT FORM
APPROVAL DATE: ___________________ REVISION: _______________________
Page 13 of 19
___________________________________________________________________________________________________________________________________________________________________________________________
Bobier Villa, Dutton Elgin Manor, St. Thomas Terrace Lodge, Aylmer
Authorization/Consent for Complementary and Alternative Therapy
by External Care Provider
Part A – Resident/Patient
I, the undersigned ________________________ (hereinafter referred to as the “undersigned”),
Resident/Patient
either personally or by his/her Attorney for Personal Care/Personal Representative, hereby
authorizes ________________________to administer the following alternative therapy/therapies
Care Provider
and treatment (hereinafter referred to as “treatment”) upon him/her at_____________________:
Home/Facility
1._____________________________________________________
2._____________________________________________________
3._____________________________________________________
4._____________________________________________________
The undersigned acknowledges that the risks and benefits of the above treatment have been fully
explained to me and/or my Attorney for Personal Care/Personal Representative by
______________________, and that the said risks and benefits are understood.
Care Provider
The undersigned acknowledges that he/she has had an opportunity to question ______________
Care Provider
as to such risks and benefits and that the said questions have been answered satisfactorily.
The undersigned acknowledges that ______________________, the provider of the treatment
Care Provider
identified above, is not an employee of the County of Elgin and holds no care privileges at
________________________.
Home/ Facility
51
FORM 1
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative Therapy
by ExternalProvider –
AUTHORIZATION/CONSENT FORM
APPROVAL DATE: ___________________ REVISION: _______________________
Page 14 of 19
___________________________________________________________________________________________________________________________________________________________________________________________
The undersigned acknowledges that neither the County of Elgin nor its Medical Director or
Directors nor any other agent, servant, consultant, or employee thereof has provided him/her
with any information, advice, or representation in respect of the treatment identified above or as
to the care provider named above or as to the risks and benefits of such treatment or the care
provided by such care provider and that he/she does not rely upon any such person or body in
reaching his/her decision to receive the treatment identified above.
The undersigned hereby releases and forever discharges the County of Elgin, including but not
limited to its Warden, Councillors, administration, Medical Directors, employees, servants,
consultants, and agents and further including their respective heirs, administrators, successors,
and assigns, as the case may be, from any and all manner of actions, causes of action, debts,
dues, accounts, and demands, including any and all liability associated therewith, howsoever
arising, as arising from or relating to the administration of the treatment identified above.
The undersigned and, where applicable, his/her Attorney for personal care, both personally and
individually or in combination, accept full financial responsibility for the payment of all fees,
expenses, and costs charged by ________________________for the treatment identified above.
Provider
The undersigned acknowledges and agrees that the within document may be presented to
___________________as evidence of informed consent to receive the treatment identified above
Provider
and further agrees that, as a pre-condition to administration of such treatment _______________
Provider
must execute Part B of this document to evidence his/her agreement to identify and save
harmless the County of Elgin and related persons from all actions, causes of action, claims,
demands as arising from or related to the administration of the treatment contemplated herein.
The undersigned acknowledges having read and understood this document and, furthermore,
acknowledges that this document is signed voluntarily.
Date: ___________ _________________________ _____________________________
Witness Resident’s Signature
___________________________ _____________________________
Witness Attorney’s Signature, POA
52
FORM 1
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative Therapy
by ExternalProvider –
AUTHORIZATION/CONSENT FORM
APPROVAL DATE: ___________________ REVISION: _______________________
Page 15 of 19
___________________________________________________________________________________________________________________________________________________________________________________________
Part B – Provider
The undersigned ________________________hereby agrees to indemnify and save harmless the
Provider
County of Elgin, including but not limited to its Warden, Councillors, administration, Medical
Directors, employees, servants, consultants, and agents and further including their respective
heirs, administrators, successors and assigns, as the case may be, from any and all manners of
action, causes of action, debts, dues, accounts and demands, including any and all liability
associated therewith, howsoever arising, including all monetary damages, interests, and costs
both on a party and party basis and as between a solicitor and his/her own client, as arising from
or related to the administration of the treatment identified above to _______________________.
Resident
Date: _____________ ________________________ ________________________
Witness Provider Signature
53
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative
Therapy - External Care Provider
TREATMENT REPORT
_____________________________________________________________Page 16 of 19
Bobier Villa, Dutton Elgin Manor, St. Thomas Terrace Lodge, Aylmer
Complementary /Alternative Therapy Consultation/Treatment Report External Care
Provider
To be completed by the therapist at the time of consultation/treatment.
Therapist:
Treatment/Therapy Recommended/to be Provided:
1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________
4. ________________________________________________________________
Address:
Telephone:
Office: _________________________ Emergency/Cell: _______________________
Expected Outcome:
54
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative
Therapy - External Care Provider
TREATMENT REPORT
____________________________________________________________Page 17 of 19
Plan of Treatment/Therapy Provided, Dates/Progress:
Timeframe, Number of Treatments
Expected, Results:
Relevant information for physicians and other health care team members.
Consent has been obtained from: __________________________ ______________
Resident / S.D.M. Date
55
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative
Therapy - External Care Provider
TREATMENT REPORT
_____________________________________________________________Page 18 of 19
Resident’s Name ___________________________ D.O.B. ________________________
Signature: Date: _________________________
(Therapist)
ORIGINAL TO RESIDENT’S CHART/COPY TO THERAPIST.
Reviewed by attending physician.
Signature: Date: __________________________
COPY IN MAR BOOK
56
FORM 3
HOMES AND SENIORS SERVICES
POLICY & PROCEDURE NUMBER:
DEPARTMENT: Administration SUBJECT: Complementary andAlternative
Therapy - External Care Provider
REQUIREMENTS
Page 19 of 19
External Care Provider Requirements
Provide to the resident/SDM and the Home
:
written proof of liability insurance of at least $5,000,000
proof of registration with regulated health College or other accrediting
body as applicable (provide copy)
proof of current Workers Safety Insurance Board standing
Ensure documentation of resident’s/SDM* consent and report of
treatment/therapy are complete and placed on the resident’s record using
the prescribed forms
Provide all necessary equipment and supplies for the treatment
Do not directly nor indirectly solicit residents*
Meet all Certified Safety Association (CSA) guidelines with regards to
electrical equipment as evaluated by Maintenance prior to use
Follow(As provided by the County)
:
The Infection Control procedures of the COUNTY OF ELGIN HOME(S)
WHMIS procedures and the Occupational Health and Safety Act
Confidentiality policies of the Homes and sign a confidentiality agreement
Provide evidence of Personal Protective Equipment (PPE) training
Copies of policies and procedures are located in the Home’s Administration
Office
I have read and understand these requirements
______________________________ ____________________________
Care Provider Signature Date
______________________________ ____________________________
Manager of Resident Care/Designate Date
57
REPORT TO COUNTY COUNCIL
FROM: Mark G. McDonald, Chief Administrative Officer
DATE: July 16, 2012
SUBJECT: Medical Student Scholarship Program through the Health Recruitment
Partnership
INTRODUCTION:
One of the objectives of the Health Recruitment Partnership has been the investigation
of ways of attracting and retaining medical talent to the community. In this regard,
research has been conducted on the terms and conditions of a scholarship fund for
medical students. This report recommends the adoption of the attached medical student
scholarship fund which has been modelled after the recently approved International
Plowing Match scholarship platform.
DISCUSSION:
The partnership has reviewed numerous medical student scholarship programs from
municipal jurisdictions and hospital environments. A variety of programs and scholarship
amounts exist with little consistency or common terms and conditions. Taking local
circumstances into consideration and the goal of encouraging medical students to consider
a career practicing medicine in Elgin-St. Thomas, the attached program is attached for
council’s consideration.
In essence, the program would provide up to five students per year, who are enrolled in
a Canadian medical school, a scholarship of $1,000 each to be used toward their tuition.
Students may apply for the scholarship for up to five years as long as they demonstrate
that they are enrolled in the medical school. Funding would be supported through the
existing, approved budget of the partnership and would be subject to annual review.
Applications would be made available through the County and City and would be awarded
in the fall.
CONCLUSION:
The Health Recruitment Partnership, as part of its ongoing mandate to explore ways to
attract and retain medical talent to the community, is recommending the establishment of
a Medical Student Scholarship Program.
RECOMMENDATION:
THAT the attached Medical Student Scholarship Program be approved and the report
dated July 16, 2012 from the Chief Administrative Officer on behalf of the Health
Recruitment Partnership be received and filed.
All of which is Respectfully Submitted
Mark G. McDonald
Chief Administrative Officer
58
City of St. Thomas – County of Elgin
Medical Student Scholarship
Scholarship Purpose
The scholarship awards $1,000 per year for up to 5 individuals who are enrolled in a
Canadian medical school with emphasis placed on the pursuit of a career in family
medicine.
Eligibility
To be eligible for a scholarship, applicants must:
Be a resident of the County of Elgin or the City of St. Thomas;
Be enrolled in a Canadian medical school;
Agree to have his or her name and photograph publicized.
Supporting Documentation
Applicants must provide the following documentation to be considered;
Completed application form (available on the City of St. Thomas and County of
Elgin websites);
Three letters of reference, including at least one from a medical school instructor;
Resume outlining past employment and/or extra-curricular activities, with a
particular focus on community involvement;
Proof of enrollment in a Canadian medical school;
A statement of 250 words or less explaining your interest in the pursuit of a career
practicing medicine
Application Deadline
Applications must be received by the first business day on or immediately following
th
September 15 by 4:30 p.m. of each year for scholarships to be distributed in the fall
term.
59
Selection Procedure
Applications will be reviewed by the St. Thomas-Elgin Health Recruitment
Partnership Committee.
th
Decisions will be made by October 30 in any given year.
The decision of the Committee is final and reasons for the selections are strictly
confidential.
The Committee reserves the right not to award scholarships in any given year.
Direct family members of the Health Recruitment Partnership and St. Thomas and
Elgin County Councils are ineligible to apply.
Payment
The scholarship will be paid directly to the recipient upon presentation of a receipt of
tuition to the City of St. Thomas. Successful applicants are eligible to receive
scholarships annually during their enrollment in medical school to a maximum of 5 years.
Applicants must apply for the scholarships annually.
60
City of St. Thomas and County of Elgin
Medical Student Scholarship
Applicant Name: Male: Female:
Mailing Address:
Phone and E-mail Address:
Medical school where applicant is enrolled and proposed area of study.
List of Supporting Documentation (please attach to application form)
Letters of reference
o
Resume
o
Proof of acceptance or enrolment
o
Essay
o
th
Applications are to be submitted by 4:30 p.m., September 15, 2012 to:
City Clerks Office
City of St. Thomas
545 Talbot Street
P.O. Box 520
St. Thomas, ON N5P 3V7
Phone: 519 631-1680 ext 4121
Fax: 519 633-9019
E-mail: msmale@city.st-thomas.on.ca
I hereby authorize the St. Thomas-Elgin County Health Recruitment Partnership to publicize my name and photograph
should I be the successful applicant. Furthermore, I signify that the information included with this application is
correct.
Signature: Date:
61
REPORT TO COUNTY COUNCIL
FROM: Mark G. McDonald, Chief Administrative Officer
DATE: July 16, 2012
SUBJECT: Appointment of Integrity Commissioner
INTRODUCTION:
Council has recently revised its Code of Conduct policy and has directed staff to prepare
a report regarding the appointment of an Integrity Commissioner to oversee various
aspects of the policy. This report outlines the terms and conditions of an agreement with
Mr. John Maddox who has agreed to be appointed as a Statutory Officer known as Elgin
County’s Integrity Commissioner.
DISCUSSION:
It is imperative that an independent and impartial “adjudicator” be appointed to review any
complaints with respect to Council’s Code of Conduct, previously approved. Mr. Maddox,
who also acts as Council’s Closed Meeting Investigator, has agreed to the appointment
subject to the attached terms and conditions.
The agreement is similar to the one used for the Closed Meeting Investigator with three
main differences:
1) The retainer is $1,500 each year for the County (compared to $1,000) and
$500 for each participating municipality (compared to $300). This is to reflect
the comparative difference in responsibility and the attendant informational/
educational requirements of the Integrity Commissioner.
2) The County and the participating municipalities would also be responsible for
covering the legal expenses incurred should a third party present a legal
challenge to Mr. Maddox on any investigation or decision relative to the Code.
3) As a Statutory Officer the County’s insurance provider will insure Mr. Maddox
as the Integrity Commissioner.
Mr. Maddox will charge for his investigative services a $100 per hour and each municipality
shall be responsible for the costs of the investigation in its jurisdiction with the County
covering the retainer. The participating municipalities would enter into their own separate
agreements with Mr. Maddox using the County’s template agreement.
CONCLUSION:
Now that the revised Code of Conduct is approved it is important to appoint an independent
and experienced Integrity Commissioner to oversee complaints should they arise.
62
RECOMMENDATION:
THAT Mr. John Maddox be appointed as Integrity Commissioner according to the
attached terms and conditions with the understanding that the County will absorb the
retainer fees for each participating municipality; and,
THAT each constituent municipality be requested to inform the County if they wish to
appoint Mr. Maddox as their Integrity Commissioner; and further,
THAT the necessary by-law be prepared.
All of which is Respectfully Submitted
Mark G. McDonald
Chief Administrative Officer
63
REPORT TO COUNTY COUNCIL
FROM: Mark G. McDonald, Chief Administrative Officer
DATE: July 16, 2012
SUBJECT: Memorandum of Understanding (MOU) for Temporary Officer –
Tree Commissioner
INTRODUCTION:
From time to time it may be necessary to share the services of the Tree
Commissioner in the event of an absence. Middlesex County and Elgin County
both have appointed Woodland Conservation Officers who can substitute for one
another when required. The purpose of the Memorandum of Understanding is to
set out the terms for the use of a temporary officer should the need arise. The
terms of this memorandum have been reviewed by the County Solicitor.
DISCUSSION:
As council is aware, Elgin County contracts with the Kettle Creek Conservation
Authority (KCCA) for the provision of Tree Commissioner and Weed Inspection
services through an agreement. Through a separate MOU, KCCA has agreed
to supply Middlesex County with services on a temporary basis if required.
Should Elgin County require temporary coverage from Middlesex County, the
attached MOU would be utilized. It should be noted that compensation only
occurs when the absence goes beyond two weeks.
CONCLUSION:
The attached MOU is being recommended for adoption as a proactive measure
to ensure continuity of service due to an absence.
RECOMMENDATION:
THAT the attached Memorandum of Understanding between the County of
Elgin and the County of Middlesex regarding Woodland Conservation services
be approved for adoption, and the necessary by-law be prepared.
All of which is Respectfully Submitted
Mark G. McDonald
Chief Administrative Officer
64
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67
REPORT TO COUNTY COUNCIL
FROM: Rob Bryce
Director of Human Resources
DATE: July 9, 2012
SUBJECT: Future Changes to Ontario Municipal Employees Retirement System
INTRODUCTION:
Announced in 2010, the Ontario Municipal Employees Retirement System (OMERS)
implemented a three-year contribution rate increase for both members and employers.
As Council may recall, these changes were introduced as a temporary strategy to
support nearly $5.0 billion of net losses which were added to the Plan’s balance sheets
as a result of the 2008 economic market collapse. Like many other pension plans,
OMERS continues to face a funding shortfall caused by the 2008 global economic
downturn and the subsequent slow market recovery.
DISCUSSION:
Starting with the first full pay in 2013, OMERS has announced contribution rate increase
for members and employers of an average of 0.9% per side. This means an employee
earning $65,000 annually will pay an additional amount of approximately $23.81 gross
per pay. This increase is expected to add an additional pension cost to the County of
Elgin of approximately $150,000 for 2013, which will be included in 2013 budget
deliberations.
Contributions to the OMERS Plan are made by members and matched by employers.
Contribution rates for normal retirement age 65 members:
On earnings up to CPP earnings limit*: 2012 is 8.3%; 2013 will be 9.0%
On earnings over CPP earnings limit*: 2012 is 12.8%; 2013 will be 14.6%
*CPP earnings limit (Year’s Maximum Pensionable Earnings or YMPE) in 2012 is
$50,100; the limit in 2013 will be higher although it is unknown at this time. OMERS’
members pay a lower rate of contributions on earnings up to the YMPE because
OMERS and the CPP are designed to work together to provide pension benefits.
CONCLUSION:
The temporary contribution rate increases are a necessary and responsible action to
address the growing deficit in the plan. OMERS will continue to carefully monitor the
funded status and make changes as required to support the Plan. These rate increases
68
are intended to be temporary; when the Plan reaches full funding and the deficit is
eliminated, rates will be adjusted, according to OMERS
.
RECOMMENDATION:
THAT the report titled “Future Changes to Ontario Municipal Employees Retirement
System” dated July 9, 2012 be received and filed.
All of which is Respectfully Submitted Approved for Submission
Rob Bryce Mark G. McDonald
Director of Human Resources Chief Administrative Officer
69
CORRESPONDENCE – July 24, 2012
Items for Consideration – (Attached)
1. Dennis Travale, Mayor, Norfolk County with petition to support Bill 11 – a Bill to
establish the South Western Ontario Development Fund:
a) Email from Dennis Travale responding to Toby Barrett’s comments-July 6, 2012.
b) Beverley Wood, Clerk/Manager of Council Services, County of Norfolk requesting
Support for Bill 11.
2. The Port of Entry Project by Jack Baribeau of Elgin Innovation Centre with
motions of support for project, in principle, from Town of Aylmer and
Municipality of Bayham.
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COUNTY OF ELGIN
By-Law No. 12-17
“BEING A BY-LAW TO ADOPT AN OFFICIAL PLAN”
WHEREAS pursuant to Section 17 (22) of the Planning Act R.S.O. 1990, c.P.13 as
amended when the requirements of subsections (15) to (21), as appropriate, have been
met and the County Council is satisfied that the plan as finally prepared is suitable for
adoption, the council may by by-law adopt the plan; and
WHEREAS Elgin County Council has followed an extensive public process and
considered a variety of opinions, suggestions and recommendations during the course of
the plan’s development;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts as follows:
1. THAT the Official Plan of the County of Elgin consisting of the attached text and map
schedules is hereby adopted.
2. THAT the Chief Administrative Officer/Clerk is hereby authorized and directed to
make application to the Minister of Municipal Affairs and Housing, for approval of the
Official Plan of Elgin County.
3. THAT this by-law shall come into force and take effect on the day of the final passing
thereof.
TH
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24DAY OF
JULY 2012.
Mark McDonald, Bill Walters,
Chief Administrative Officer/Clerk Warden.
140
County of Elgin Official Plan1
June29, 2012
141
TABLE OF CONTENTS
TABLE OF CONTENTS...................................................................................................2
PART 1 – THE PREAMBLE.........................................................................................7
1. INTRODUCTION....................................................................................................7
2. ORGANIZATION OF THE PLAN...........................................................................7
3. LOCATION.............................................................................................................7
4. PURPOSE OF THE PLAN.....................................................................................7
5. BASIS.....................................................................................................................8
6. GEOGRAPHIC CONTEXT.....................................................................................9
7. THE STRUCTURE OF THE PLAN......................................................................10
PART 2 – COUNTY OF ELGIN OFFICIAL PLAN........................................................12
PART A:COMMUNITY VISION, STRATEGIC OBJECTIVES AND LAND USE
CONCEPT....................................................................................................12
A1 INTRODUCTION...................................................................................................12
A2 THE COMMUNITY VISION...................................................................................13
A3 GOALS.................................................................................................................15
A4 STRATEGIC OBJECTIVES..................................................................................16
A4.1 PLANNING AND DESIGN...............................................................................16
A4.2 NATURAL SYSTEMS.....................................................................................17
A4.3 ECONOMIC PROSPERITY............................................................................18
A4.4 INFRASTRUCTURE.......................................................................................19
A5 ECONOMIC STRATEGY......................................................................................20
A5.1 LOCATIONS OF ECONOMIC ACTIVITY........................................................21
A5.2 DIRECTIONS..................................................................................................21
A5.3 TOURISM........................................................................................................22
A6 LAND USE CONCEPT.........................................................................................23
A6.1 LAND USE DESIGNATIONS..........................................................................23
A6.1.1SETTLEMENT AREAS.............................................................................23
A6.1.2AGRICULTURAL AREA............................................................................23
A6.1.3PROVINCIALLY SIGNIFICANT WETLANDS...........................................23
A6.2 OVERLAYS.....................................................................................................24
A6.2.1 AGGREGATE RESOURCE AREA AND PETROLEUM RESOURCE
AREA OVERLAYS...................................................................................24
PART B: GROWTH MANAGEMENT.........................................................................25
B1 SETTLEMENT AREAS.........................................................................................25
B2 GROWTH MANAGEMENT...................................................................................25
B2.1HISTORIC POPULATION AND EMPLOYMENT GROWTH............................25
B2.1.1 POPULATION..........................................................................................25
B2.1.2EMPLOYMENT IN ELGIN (2006).............................................................27
B2.2PROJECTED POPULATION AND EMPLOYMENT GROWTH.......................27
B2.3LOCATION OF PROJECTED GROWTH.........................................................28
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B2.4 EFFECT OF PROJECTED GROWTH ON EXISTING PLANNING
APPROVALS...................................................................................................28
B2.5HIERARCHY OF SETTLEMENT AREAS........................................................29
B2.6NEW DEVELOPMENT IN EXISTING SETTLEMENT AREAS........................31
B2.7SETTLEMENT AREA CAPABILITY STUDIES................................................32
B2.7.1EMPLOYMENT AREA CONVERSIONS...................................................32
B2.8 SETTLEMENT AREA EXPANSIONS AND NEW SETTLEMENT AREAS......33
B2.8.1 GENERAL CRITERIA..............................................................................33
B2.8.2 STUDY AREA..........................................................................................33
B2.8.3 LOCATIONAL CRITERIA FOR SETTLEMENT AREA EXPANSIONS....34
B2.8.4 AMENDMENTS TO THIS PLAN FOR SETTLEMENT AREA
EXPANSIONS OR NEW SETTLEMENT AREAS....................................34
PART C: LAND USE DESIGNATIONS......................................................................35
C1SETTLEMENT AREAS..........................................................................................35
C1.1 OBJECTIVES..................................................................................................35
C1.1.1RESIDENTIAL AREAS..............................................................................35
C1.1.2COMMERCIAL AREAS.............................................................................36
C1.1.3EMPLOYMENT AREAS............................................................................36
C1.2 LOCATION......................................................................................................37
C1.3 HOUSING POLICIES......................................................................................37
C1.4LAND SUPPLY.................................................................................................40
C1.5DOWNTOWN AREAS..................................................................................40
C2 AGRICULTURAL AREA.......................................................................................40
C2.1 OBJECTIVES..................................................................................................40
C2.2 LOCATION......................................................................................................41
C2.3 PERMITTED USES.........................................................................................41
C2.4 LOT CREATION/CONSENTS.........................................................................42
C2.5 ACCESSORY ACCOMODATION ON FARM PROPERTIES.........................42
C2.6 AGRICULTURE-RELATED USES..................................................................42
C2.7 SECONDARY USES.......................................................................................43
C2.7.1CHARACTERISTICS OF A SECONDARY USE.......................................43
C2.7.2HOME INDUSTRIES.................................................................................44
C2.7.3AGRICULTURAL RESEARCH AND TRAINING ESTABLISHMENTS......45
C2.7.4FARM RELATED TOURISM ESTABLISHMENTS....................................46
C2.7.5FARM VACATION HOMES OR BED AND BREAKFAST
ESTABLISHMENTS..................................................................................46
C2.7.6ESTATE WINERY.....................................................................................47
C2.8 FARM WINERY...............................................................................................48
C2.9 RECREATIONAL AND OTHER NON-AGRICULTURAL USES......................48
C2.10 COMPATIBILITY OF AGRICULTURAL USES WITH OTHER LAND USES..49
C2.11 SUPPORTING AGRICULTURE IN ELGIN COUNTY.....................................50
C2.12 FUTURE SPECIALTY CROP AREAS.............................................................51
C3 PROVINCIALLY SIGNIFICANT WETLANDS......................................................51
C3.1 OBJECTIVE.....................................................................................................51
C3.2 LOCATION......................................................................................................52
C3.3PERMITTED USES..........................................................................................52
C3.4DEVELOPMENT POLICIES.............................................................................52
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C4AGGREGATE RESOURCE AREA AND PETROLEUM RESOURCE AREAS....52
C4.1 OBJECTIVES..................................................................................................52
C4.2 LOCATION......................................................................................................53
C4.3 POLICIES........................................................................................................53
C4.3.1NEW OR EXPANDING OPERATIONS.....................................................53
C4.3.2DEVELOPMENT ADJACENT TO LANDS IN AGGREGATE RESOURCES
AREA OVERLAY.......................................................................................53
C4.3.3MINERAL AGGREGATE OPERATIONS ON LANDS IN AGRICULTURAL
AREA DESIGNATION...............................................................................54
C4.3.4WAYSIDE PITS AND QUARRIES.............................................................54
C4.3.5PROTECTION OF RESOURCE AREAS..................................................54
PART D: NATURAL HERITAGE, WATER AND NATURAL HAZARDS..................57
D1.1OBJECTIVES...................................................................................................57
D1.2 NATURAL HERITAGE.....................................................................................58
D1.2.1 ESTABLISHING A NATURAL HERITAGE SYSTEM...............................58
D1.2.2MAPPING OF NATURAL HERITAGE FEATURES IN THIS PLAN..........58
D1.2.3DEVELOPMENT AND SITE ALTERATION..............................................59
D1.2.4SIGNIFICANCE.........................................................................................59
D1.2.5SIGNIFICANT HABITAT OF ENDANGERED SPECIES AND
THREATENED SPECIES.........................................................................60
D1.2.6OTHER NATURAL HERITAGE FEATURES............................................61
D1.2.6.1WETLANDS...........................................................................................61
D1.2.6.2AREAS OF NATURAL AND SCIENTIFIC INTEREST...........................62
D1.2.6.3WILDLIFE AREAS.................................................................................62
D1.2.6.4 FISH HABITAT......................................................................................62
D1.2.6.5WATERCOURSES................................................................................62
D1.3 GENERAL POLICIES......................................................................................63
D1.3.1USE OF LANDS IN PRIVATE OWNERSHIP............................................63
D1.3.2ADJACENT LANDS..................................................................................63
D1.3.3POTENTIAL NATURAL CORRIDORS.....................................................63
D1.3.4 ENVIRONMENTAL IMPACT STUDIES...................................................64
D1.3.4.1PURPOSE OF AN ENVIRONMENTAL IMPACT STUDY......................64
D1.3.4.2 WHAT AN ENVIRONMENTAL IMPACT STUDY SHOULD
DEMONSTRATE.....................................................................................65
D2 WATER RESOURCES......................................................................................65
D2.1IMPROVING, PROTECTING AND RESTORING........................................65
D2.2RESTRICTION ON DEVELOPMENT AND SITE ALTERATION.................66
D3 NATURAL AND MAN-MADE HAZARDS...........................................................66
D3.1HAZARDOUS LANDS.................................................................................66
D3.2 SHORELINE OF LAKE ERIE......................................................................66
D3.3 DEVELOPMENT IN A FLOODPLAIN.........................................................67
D3.4EROSION HAZARD LIMIT...........................................................................67
D3.5 HAZARDOUS SLOPES...................................................................................67
D3.6 ONTARIO REGULATIONS..............................................................................68
D3.7 WASTE DISPOSAL SITES..............................................................................68
D3.8CONTAMINATED OR POTENTIALLY CONTAMINATED SITES....................69
PART E:GENERAL......................................................................................................70
E1 GENERAL DEVELOPMENT POLICIES...............................................................70
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E1.1 LAND USE COMPATIBILITY..........................................................................70
E1.2 SUBDIVISION OF LAND.................................................................................70
E1.2.1WHEN A PLAN OF SUBDIVISION REQUIRED.......................................71
E1.2.2SUBDIVISION REVIEW CRITERIA..........................................................71
E1.2.3NEW LOTS BY CONSENT.......................................................................72
E2 CULTURAL HERITAGE RESOURCES...............................................................75
E2.1 ARCHAEOLOGICAL RESOURCES...............................................................76
E2.2 MARINE ARCHAEOLOGICAL RESOURCES................................................76
E3PUBLIC SERVICE FACILITIES AND INFRASTRUCTURE..................................77
E4 SANITARY SEWERS AND WATER....................................................................78
E4.1 GENERAL POLICIES......................................................................................78
E4.2 ALTERNATIVE AND RENEWABLE ENERGY SYSTEMS.............................79
E5 TRANSPORTATION.............................................................................................79
E5.1 OBJECTIVES..................................................................................................79
E5.2 PEDESTRIAN AND CYCLING ROUTES AND FACILITIES...........................80
E5.3 TRAFFIC IMPACT STUDY – COUNTY ROADS............................................81
E5.4 ROAD NETWORK...........................................................................................81
E5.4.1GENERAL POLICIES................................................................................81
E5.4.2PRIVATE ROADS.....................................................................................85
E5.4.3PROVINCIAL HIGHWAYS........................................................................85
E5.4.4PROPOSED PROVINCIAL HIGHWAY 3..................................................85
E5.5ST. THOMAS AIRPORT..................................................................................85
E5.6TOURISM CORRIDORS AND USES..............................................................86
E5.7THE PORTS OF ELGIN COUNTY...................................................................87
PART FIMPLEMENTATION AND ADMINISTRATION..............................................88
F1 INTRODUCTION...................................................................................................88
F2 OFFICIAL PLAN ADMINISTRATION...................................................................88
F2.1 AMENDMENTS TO THE PLAN......................................................................88
F3 LOCAL OFFICIAL PLANS...................................................................................89
F4 LOCAL ZONING BY-LAWS.................................................................................89
F5 SITE PLAN CONTROL.........................................................................................90
F6 COMMUNITY IMPROVEMENT PLANS...............................................................90
F6.1 OBJECTIVES..................................................................................................90
F6.2 IMPLEMENTATION.........................................................................................91
F7 PUBLIC PARTICIPATION AND CONSULTATION..............................................91
F8 COMPLETE APPLICATIONS...............................................................................92
F8.1 OVERVIEW.....................................................................................................92
F8.2 MINIMUM SUBMISSIONS REQUIREMENTS................................................93
F8.3 SUPPLEMENTAL SUBMISSION REQUIREMENTS......................................93
F8.4 PRE-CONSULTATION....................................................................................95
F8.5 FLEXIBILITY....................................................................................................95
F8.6 QUALITY OF SUPPORTING STUDIES, PLAN OR ITEMS............................95
F9MONITORING........................................................................................................96
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F10 INTERPRETATION.............................................................................................96
F10.1 GENERAL.......................................................................................................96
F10.2 INTERPRETATION OF LAND USE DESIGNATION BOUNDARIES..............96
F10.3 ROAD LOCATIONS........................................................................................97
F10.4 LEGISLATION.................................................................................................97
F10.5 ACCESSORY USES.......................................................................................97
F10.6 OPERATIVE PARTS OF THE OFFICIAL PLAN.............................................97
APPENDIX ‘A’ - DEFINED TERMS...............................................................................98
APPENDIX ‘B’ – CONTENTS OF AN ENVIRONMENTAL IMPACT STUDY..............114
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PART 1 – THE PREAMBLE
(This is not an Operative Part of the Official Plan)
1. INTRODUCTION
This document comprises the Official Plan for the County of Elgin.
2. ORGANIZATION OF THE PLAN
This document consists of three components:
THE PREAMBLE
Part I - , which does not constitute an operative
part of the Official Plan;
THE COUNTY OF ELGIN OFFICIAL PLAN
Part II - comprised of
text and attached Schedules A,B and C inclusive and constitutes
the operative part of the document;
THE APPENDICES
Part III - , which do not constitute part of the
Official Plan, but provides additional information to assist in
implementing this Official Plan.
3. LOCATION
This Official Plan affects all lands within the boundary of the County
of Elgin, save and except for the lands within the boundary of the
City of Thomas, which is a separated City within the County of
Elgin.
4. PURPOSE OF THE PLAN
The purpose of the Elgin County Official Plan is to provide direction
and a policy framework for managing growth and land use
decisions over the planning period to 2031.The Official Plan is one
of a series of policies, guidelines and regulations that direct the
actions of the County and shapes growth and development. The
Plan is intended to:
establish a broad, upper tier policy framework that provides
guidance to local municipalities in the preparation of updated
local Official Plans, Official Plan Amendments and Zoning
By-laws;
implement the Provincial Policy Statement at the County
level; and,
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set a framework for coordination and cooperation amongst
the local municipalities and the County on planning and
development issues that transcend municipal boundaries.
This Plan recognizes the planning powers and authorities vested in
the local municipalities through the Planning Act and other
legislation. Given that the Elgin County Official Plan is intended to
establish an overall land use planning framework for the County
and its municipalities, this Plan does not duplicate the policies of
the lower tier Official Plans. Instead, this Plan is intended to
provide the guidance necessary for the establishment of detailed
strategies, policies and land use designations at the local level.
5. BASIS
Prior to preparing the Official Plan, several background research
papers and a Directions Paper were prepared, meetings were held
with a number of stakeholders, and a series of public open houses
were held across the County. It was on the basis of this research
and engagement that it was determined that there were two primary
issues to deal with in the context of the new Official Plan: growth
management and economic development. While there are many
other policy matters and issues to consider, they are all to some
extent influenced by the policy direction established for the two
primary issues by this Official Plan.
The primary purpose of the County of Elgin Official Plan is to
provide the basis for managing growth that will support and
emphasize the County's unique character, diversity, civic and
cultural identity and natural heritage features. It is on this basis that
the work program leading up to the preparation of the Official Plan
was designed to ensure that the County’s first Official Plan:
has a very well articulated vision of the future development
of the County;
ensures that all of the policies in the Official Plan relate
directly back to the vision and objectives of the Plan; and,
provides clear direction on how the policies in the Plan will
be implemented.
This Official Plan is based on the 20-year planning horizon from
2011 to 2031 and is subject to revisions at 5-year intervals.
Population and employment in the County will be monitored on an
ongoing basis including at the time of the 5-year review of the Plan.
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6. GEOGRAPHIC CONTEXT
Elgin County consists of seven local municipalities:
Town of Aylmer
Municipality of Bayham
Municipality of Central Elgin
Municipality of Dutton/Dunwich
Township of Malahide
Township of Southwold
Municipality of West Elgin
The City of St. Thomas is located in Elgin County but is a separated
City and is therefore not subject to this Plan.
An Official Plan is a policy document, which is intended to serve as
the basis for making land use decisions and managing change in
any municipality in Ontario. The primary purpose of the Official Plan
is to provide the basis for managing growth that will support and
emphasize the County’s unique character, diversity, civic identity,
rural lifestyle, natural heritage and cultural heritage and to do so in
a way that has the greatest positive impact on the quality of life in
Elgin.
The Official Plan establishes a vision for the future land use
structure of the County and, as a result, is intended to serve as the
basis for managing change until 2031, which is the planning
horizon established by this Plan. According to the Planning Act, an
Official Plan “shall contain goals, objectives and policies
established primarily to manage and direct physical change and the
effects on the social, economic and natural environment of the
municipality”.In preparing the Official Plan for the County of Elgin,
Council has had regard to matters of Provincial interest as set out
in Section 2 of the Planning Act and matters of Provincial Policy as
articulated in the Provincial Policy Statement. The Policy Statement
is intended to promote a policy led system that recognizes and
addresses the complex interrelationships among environmental,
economic and social factors in land use planning. The Policy
Statement deals with matters pertaining to Building Strong
Communities, Wise Use and Management of Resources, and
Protecting Public Health and Safety and a series of related
subcategories. This Official Plan embodies Provincial Policy
through more detailed policies that appropriately reflect the
County’s unique character.
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The vision, goals, objectives and policies contained in this Plan are
intended to guide the decisions of public authorities and private
interests until 2031. All lower tier Official Plans and zoning by-laws
shall conform to this Official Plan.
7. THE STRUCTURE OF THE PLAN
This Official Plan is divided into six parts, each of which is
described below:
Part A (Community Vision, Strategic Objectives and Land Use
Concept)
contains the vision of the County. This vision was
prepared by Council and is based on an understanding of past and
future trends and the wishes of the County’s residents and
business owners. The goals and strategic objectives that form the
basis of the Plan flow from the vision. These goals and strategic
objectives also establish a framework for the other objectives and
policies in the Plan. This section of the Plan also describes how it is
to be implemented through land use designations.
Part B (Growth Management)
contains the policies that provide
the basis for accommodating expected growth in the County to
.
2031
Part C (Land Use Designations)
sets out the land use
designations that apply in the County and the conditions under
whichdevelopment may be permitted within those land use
designations.
Part D (Natural Heritage, Water and Natural Hazards)
contains
policies on natural heritage features, water and natural hazards in
.
the County
Part E (General Development Policies)
contains policies that,
where appropriate, must be considered as part of the land use
planning process. This includes subdivision of land, cultural
heritage resources, transportation, community facilities and,
servicing.
Part F (Plan Implementation and Administration)
describes how
the Vision, Goals, Objectives and Policies of the Official Plan will be
implemented.
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The following schedules, which are to be read in conjunction with
the text of this document, constitute an operative part of this Official
Plan.
Schedule A – Land Use Plan
Schedule B – Transportation Plan
Schedule C – Aggregate and Petroleum Resource Areas Plan
The following appendices do not constitute operative parts of this
Official Plan but provide additional information to assist in
implementing this Plan.
Appendix A – Defined Terms
Appendix B – Contents of an Environmental Impact Study
Appendix Map 1 – Natural Heritage Features and Areas
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PART 2 – COUNTY OF ELGIN OFFICIAL PLAN
(This is theOperative Part of the Official Plan)
PART A:COMMUNITY VISION, STRATEGIC OBJECTIVES AND
LAND USE CONCEPT
A1 INTRODUCTION
The agricultural sector has long been and is expected to continue
being the most dominant sector in the local economy. A significant
portion of Elgin County’s land base is farmed on some of the
highest quality soils in Ontario.
The manufacturing sector in Ontario has declined in terms of its
importance to local economies and this decline has had an impact
on the County of Elgin because of its strong reliance on that sector.
Notwithstanding the above, the economy of the area has prospered
to some extent due in part to the proximity of the County to the City
of London, which is an emerging Regional Centre in South-western
Ontario, with a significantpopulation base and a number of
established educational and health care institutions.
As a consequence, many people living in Elgin now commute to the
City of London to work, and the growth and settlement pattern in
the County in terms of amount and location of growth is very much
dependant on the relationship with the City of London. This
relationship is expected to strengthen and be more pronounced
during the planning period. The City of St. Thomas also plays a role
as well and its location has had a significantimpact on settlement
patterns in the County, particularly in those local municipalities that
border the City. As well, the Town of Tillsonburg in the County of
Oxford has had an impact on settlement patterns in the north-
eastern part of the County.
The economic landscape of Elgin County is clearly undergoing a
transition toward a more service-based economy. Increasingly, the
types of jobs being created in Elgin are those aligned with the
needs of residents, tourists or both. The commercial sector
continues to play an important role in the diversification of the
County’s economic base, and has helped to stimulate the
development of a vital and growing tourism and leisure base. It is
also true that small, entrepreneurial based businesses have
significantly outpaced the development of larger industrial plant-
type operations which have generally been downsizing rather than
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expanding over the past decade. The County’s recent economic
development strategy points quite clearly to the growing importance
of small business, education, tourism, professional services and
healthcare as important sources of economic growth for Elgin.
Over the past 10-15 years, Elgin has quickly emerged as a popular
day-trip destination for residents that live outside of the County.
The area provides exceptional opportunities for “main-street”
shopping, fine dining, live theatre, cultural events as well as a broad
range of outdoor recreational and leisure pursuits. As the
popularity of the County grows, the business community has
worked closely with local and County officials and other levels of
government to help broaden the area’s market appeal, and to
convert many of the day-trippers into overnight and longer-term
visitors and guests. As people ‘discover’ Elgin County there are
also a growing number of visitors who understand the lifestyle
benefits of moving their families or retiring to the County.
A2 THE COMMUNITY VISION
A vision is intended to be a picture of the preferred future for an
area. It is also intended to provide decision makers, residents and
business owners with an overall description of what the area will
look like and how it will function if overall goals and objectives are
implemented.
There are two elements of the vision that are articulated in this
Plan. The first element deals with the geography of the County and
the second element deals with the people that live, work and travel
within the County.
With respect to geography, the County consists of three distinct
components. The first component is the interface between land and
water known as the Lake Erie shoreline. This shoreline, which
extends 85 kilometres along the County’s southern border, is
extraordinary in terms of its views and vistas and primarily because
of its relationship to the water. In most other parts of Ontario, the
shorelines along the Great Lakes are low lying and there is little
difference in relief between the water and the land. In the case of
the County of Elgin, most of the shoreline is the site of bluffs that
extend 15 to 45 metres above the water. As a consequence, much
of the shoreline area remains undeveloped and the views are
extraordinary.
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The second defining component of the County’s geography are the
many rivers that flow into Lake Erie from the north, west and east.
These river corridors (e.g. Catfish Creek and Kettle Creek) have
over time cut into the landscape to create extensive valley systems
that are the site of much wildlife and forests. These watercourses,
where they meet with Lake Erie, have also created opportunities for
thedevelopment of ports along the shoreline (Port Burwell, Port
Bruce, Port Stanley and Port Glasgow). The ports settlements have
attracted tourism and recreational living to Elgin County.
The third defining component of the County’s geography is the
extensive prime agricultural lands that covers most of the County
and which are the site of soils that are considered to be some of the
best in Canada for agricultural use. It is these three components of
the County’s geography which define the County in terms of how it
looks and to a very large extent, how and why the County was
originally settled and continues to be an attractive area to live and
work. Inland settlements such as Aylmer, Straffordville, Dutton and
West Lorne continue in their role as service centres for the
surrounding agricultural community providing schools, places of
worship and other institutional uses, recreational facilities,
commercial and industrial employment uses.
The second element of the vision deals with the people that live,
work and travel in the County. As mentioned above, the geography
of the County has had a significantimpact on the settlement
pattern, the use of land in the County and to some extent its
economy. For example, many of the settlements in the County are
located on Lake Erie. These port settlements became very
important in South-western Ontario and were the key points of
transfer between land and water for many decades.
This Plan is expected to provide the basis for managing change to
2031.Based on an assessment of past trends, it is expected that
the population of the County (excluding St. Thomas) will increase
from approximately 51,514 in 2011 to between 54,700 and 55,287
in 2031. The upper end of the range of projected population growth
is derived from the 2011 Ministry of Finance projections.
It is expected that about 80% of the expected population and
employment growth in the County to 2031 will occur in the central
and eastern parts of Elgin County (which includes Bayham, Alymer,
Malahide, Central Elgin and Southwold) as it has in the period
between 1986 and 2011.
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A3 GOALS
It is recognized that the County's long-term prosperity,
environmental health and social well-being depends on wisely
managing change and promoting efficient land use and
development patterns. On the basis of the background work
completed and the comments made by stakeholders and the
community, below are a series of goals that primarily deal with the
growth management and economic development themes that have
been identified as the key lenses through which the policies in this
Official Plan are based. These goals are not policies and are
instead intended to provide the basis for the strategic objectives set
out in Section A4 of this Plan. In this regard, below are the primary
goals of the Elgin County Official Plan:
1. To provide opportunities for economic development in a
manner that fosters competitiveness and a positive and
attractive business environment.
2. To direct most forms ofdevelopment to urban areas where
full services are available and to support the efficient use of
land and infrastructure to meet the needs of present and
future residents and businesses.
3. To protect and enhance the character of existing settlement
areas, and to maintain them as diverse, livable, safe, thriving
and attractive communities.
4. To protect as much of the County’s prime agricultural area
as possible and to encourage the development of a broad
range of agricultural uses, agriculture related uses and
secondary uses to ensure that the agricultural industry can
continue to thrive and innovate.
5. To ensure that an adequate supply of land and housing
choices are available for present and future residents.
6. To ensure the protection and enhancement of tourism and
recreation opportunities (both active and passive) in the
many downtown/main street areas and ports throughout the
County.
7. To build and maintain an efficient, affordable, effective and
safe transportation network that accommodates the diverse
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needs of the many communities in the County and is able to
support economic development and sustainable growth.
8. To provide opportunities for the provision of a broad range of
community, recreational and institutional uses and facilities
to serve the needs of the County’s residents.
9. To protect and enhancesignificant natural heritage features
and areas and their associated ecological and hydrological
functions from incompatible development.
10. To direct development away from natural and man-made
hazardous areas.
11. To work with the adjacent communities of City of St.
Thomas, the Municipality of Chatham-Kent, the County of
Middlesex, the City of London and the County of Norfolk on
matters of common interest, which includes growth
management, economicdevelopment,transportation,
infrastructure,natural heritage features and areas, water
resources and source water protection.
12. To monitor the performance of the Official Plan in meeting
it’s goals, objectives and vision.
A4 STRATEGIC OBJECTIVES
Below are the Strategic Objectives of this Plan that are intended to
implement the Goals established in Section A3. These Strategic
Objectives are not policies and are instead intended to provide the
basis for the land use policies in Sections B, C,D, E and F of this
Plan.
A4.1 PLANNING AND DESIGN
a) To create compact communities with a range of services that
includes necessary amenities and transportation options and
affords equitable access to a range of local economic and
social opportunities.
b) To promote the creation of pedestrian-oriented built
environments that provide comfort, safety, accessibility for
persons with disabilities and encourage the creation of safe
and barrier-free linkages between residential, commercial,
institutional and other areas.
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c) To ensure that housing is available to all ages, abilities,
incomes and household sizes, and is located in areas near
public transportation, jobs, and essential goods and
services.
d) To recognize downtowns, historic areas or districts as
mixed-use, vibrant places for living, entertainment, leisure,
commerce and civic activities, and to promote the
preservation and reuse of historic resources, to assist in the
retention of local and County history and heritage,
reinforcement of community character, and conservation of
material resources.
e) To focus new development in settlement areas in the
following order of priority: fully serviced settlement areas,
privately serviced settlement areas and partially serviced
settlement areas, in conformity with the policies of this Plan.
f) To allow the expansion of a settlement area boundary when
appropriate justification is provided and onlyat the time of a
.
comprehensive review
g) To identify and highlight the importance of the ‘port’
communities along the Lake Erie shoreline.
h)Toencourageintensificationto areas within settlement areas
that are fully serviced.
A4.2 NATURAL SYSTEMS
a) To protect natural heritage features and areas and their
associatedecological functions so that they can be enjoyed
by future generations and serve as a legacy to all peoples
within our communities.
b)Toensure that land use planning contributes to the
protection, maintenance and enhancement of water and
related resources and aquatic ecosystems on an integrated
watershed management basis.
c) To recognize that a healthy community is made up of an
interconnected system of open spaces and natural heritage
features and areas.
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d) To minimize negative changes to the water quality and
hydrological and hydrogeological functions of watercourses,
lakes, aquifers and wetlands.
e) To promote land use decisions that incorporate water
conservation measures and the efficient use of water
resources on a watershed and sub-watershed basis.
f) To minimize the loss of life and property damage caused by
natural hazard processes associated with natural systems by
directingdevelopment and site alteration to areas outside of
hazardous lands.
A4.3 ECONOMIC PROSPERITY
a) To reinforce the function of the downtown areas in
settlement areas as cultural, administrative, entertainment,
retail and social focal points of the community.
b) To support the role of the 'ports' in the County as the primary
locations for tourism and related economic activity.
c) To support the growth of new industry sectors, and the
transition of existing industry sectors, toward practices,
products and services that increase environmental
performance, human health and social responsibility.
d) To establish and maintain strong links with education and
research institutions and companies.
e) To encourage the protection of the County’s cultural heritage
resources in order to maintain and enhance economic
development and tourism opportunities.
f) To establish tools that provide the incentives required to
encourage desired forms of developmentin the right
locations, along with the provision of needed public
amenities.
g) To provide opportunities for a wide range of appropriately
scaled agriculture-related and secondary uses in the
Agricultural Area.
h) To ensure that at all times, the County has a 20 year supply
of serviced residential, employment and commercial land,in
intensification areas, and designated growth areas, and in
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the right locations.
i)Toencourage local municipalities to provide for the broadest
range of employment uses (depending on available
servicing) in their employment areas.
j) To identify County Roads 4, 19, 73 and 103 and the County
roads that parallel the Lake Erie Shoreline as the primary
tourism corridors in the County.
k) To encourage local municipalities in their Official Plans to
permit tourism and recreation related uses in appropriate
areas.
l)Toencourage local municipalities to pre-zone lands within
their community for employment and commercial uses
wherever possible.
A4.4 INFRASTRUCTURE
a) To establish an integrated transportation system that safely
and efficiently accommodates various modes of
transportation including automobiles, trucks, public transit,
cycling and walking.
b) To ensure that the construction of all infrastructure, or
expansions to existing infrastructure, occurs in a manner that
iscompatible with adjacent land uses and with a minimum of
social and environmental impact.
c) To encourage the efficient use of land to make the best use
ofinfrastructure and services.
d) To encourage the development of public facilities in
appropriate locations at the right time to meet the needs of
present and future residents.
e) To protect the function of County Roads by only permitting
development that would be compatible with that function.
Where a County Road is located in an urban area the local
context needs to be taken into account.
f) To coordinateinfrastructure decision-making between
municipalities.
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A5 ECONOMIC STRATEGY
Economic growth and vitality is a key component of the County
Official Plan. The County’s economic strategy, through the Official
Plan, is based on the strategies of the County’s Economic
Development Strategy and other related initiatives, and encourages
the creation of complete and attractive communities with a high
quality of life for all residents and businesses.
The County’s Economic Development Strategy (2011 – 2014)
builds upon the creative components of Elgin’s agricultural and
manufacturing economy to deliver an innovative approach to the
future of the County. The Strategy identifies four goals (Social
Capital, the Built Environment, Talent and Innovation, and
Storytelling) and recommends actions and strategies to strengthen
the core industries of Agriculture, Tourism, Energy and Culture.
In an effort to support the goals, actions and strategies of the
County’s Economic DevelopmentStrategy, it is a policy of this Plan
to:
a) support the full utilization of the existing employment lands in
the County for a range of employment uses;
b) assemble and maintain an inventory of available commercial
and industrial properties that can be re-used or re-purposed
for creative economy enterprises;
c) protect cultural heritage resources, encourage the use of
heritage buildings for retail/commercial uses, and support
tours and activities centred on heritage places;
d) protect and enhance the natural heritage features and areas
in the County in order to maintain and enhance the tourism
and recreational opportunities that rely upon these attributes;
e) support the efforts of existing Business Improvement Areas
and Chambers of Commerce to promote retail and façade
improvements of buildings;
f) support the creation of interesting and accessible public
places to generate activity and vitality and attract people and
business to Elgin County communities;
g) support new development and redevelopment on brownfield
sites; and,
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h) support the efforts of local municipalities and arts groups to
identify and encourage the use of public space for events
and festivals.
A5.1 LOCATIONS OF ECONOMIC ACTIVITY
This Plan is intended to promote economic activity throughout the
County. In promoting and planning for economic activity and
growth, the County and local municipalities are encouraged to:
a) work together to develop County-wide strategies for the
benefit of all, recognizing that unique strategies may be
required in certain areas to reflect the local context and
community make-up;
b) focus newdevelopmentinsettlement areas,while also
permitting appropriate rural industrial and commercial growth
in accordance with the policies of this Plan; and,
c) promote the growth of tourism throughout the County with
particular emphasis in areas where there is an existing
tourism base including the ports/waterfront areas,
downtown/main street areas, recreational areas and
agricultural/rural areas.
A5.2 DIRECTIONS
It is a policy of this Plan that the County and local municipalities
endeavour to:
a)enhance the profile of the County, its communities, ports and
tourism attractions and destinations;
b) maintain agriculture as the principal economic activity in the
rural areas of the County;
c) support opportunities for farmers to protect, diversify and
expand their operations through initiatives such as: crop
diversification; conservation farming practices; promotion
and encouragement of associated food processing and
value added technology facilities and encouraging bed and
breakfast operations, farm vacation facilities, roadside
markets and related activities, provided that they are located
in a land use designation that permits the activity and that
they do not conflict with agricultural operations;
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d) promote the County as a destination for tourists in
accordance with Section A5.3;
e) work together with the City of St. Thomas and other area
municipalities in the collection of economic data, and the
implementation of economic development strategies;
f) support telecommuting to reduce trips between home and
work by developing policies and zoning provisions that
permit home-based work opportunities;
g) monitor the supply of employment land to ensure that a 20
year supply, as determined by the County, is available in
order to accommodate an appropriate range and mix of
employment opportunities throughout the County,and
particularly in those municipalities with access to full
municipal services, Provincial highways and major arterial
roads; and,
h) support the retention of educational, health, cultural and
religious facilities to ensure that the County’s communities
are provided with those opportunities that facilitate growth
and well-being. Such facilities provide a vital role in small
communities and add economic vitality and a sense of place
where quality of life is considered a major attraction for
growth and development.
A5.3 TOURISM
The policies of this Plan are intended to recognize the importance
of tourism to local economies by supporting the long-term viability
and growth of existing and future tourism resources and
destinations in the County. It is a policy of this Plan that the County
and local municipalities should:
a) promote the maintenance, expansion and upgrade of
existing tourism and tourist destination-oriented uses in the
County and encourage the establishment of additional high-
qualityattractions, facilities, accommodations, services, and
events;
b) preserve and restore cultural heritage resources throughout
the County and where appropriate, identify these resources
for the purposes of tourism;
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c) explore the establishment of Heritage Conservation Districts
to promote cultural heritage resources, particularly in the
downtown/main street areas;
d) encourage the establishment of agriculture-related and
secondary uses in the agricultural area;
e) develop and promote scenic, recreational and educational
parkways and trails (such as the Talbot Trail) with well
signed and interesting attractions along the Lake Erie
shoreline and throughout the County; and,
f) discourage any re-designation and/or rezoning to remove
permissions for tourism-related uses.
A6 LAND USE CONCEPT
Three primary land use designations and two overlay are included
within this Plan, as described in this Section of the Plan. Additional
information on the location of natural heritage features is contained
within Appendix Map 1 to this Plan.
A6.1 LAND USE DESIGNATIONS
A6.1.1 Settlement Areas
Thesettlement areas in the County are divided into three tiers
based on the nature of servicing – full municipal services, partial
services and private services (individual on-site water and sewage
services).
A6.1.2 Agricultural Area
This designation applies to all lands not designated Settlement
Area in this Plan and these lands are considered to be the County’s
prime agricultural area, subject to Section C2 of this Plan.
A6.1.3 Provincially Significant Wetlands
This designation applies to allProvinciallySignificantWetlands and
Coastal Wetlands as identified by the Ministry of Natural
Resources.
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A6.2 OVERLAYS
A6.2.1 Aggregate Resource Area and Petroleum Resource Area
Overlays
The Aggregate Resource Area and Petroleum Resource Area
overlays apply to lands that have been identified as known deposits
of mineral aggregate resources or petroleum resource areas as
shown in local Official Plans. This Plan recognizes that theProvince
has not prepared an Aggregate Resource Inventory Paper for the
County. On this basis, the mapping shown on Schedule C may
require revisions when the Province completes this work.
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PART B: GROWTH MANAGEMENT
B1 SETTLEMENT AREAS
Settlement areas shall be the focus of growth and their vitality and
regeneration shall be promoted. There are a range of urban and
ruralsettlement areas in Elgin County where there is a
concentration of development and mix of permitted land uses
including a variety of housing types, commercial and employment
uses, institutional uses,community and recreational facilities, and
open space.
B2 GROWTH MANAGEMENT
The majority of the projected population and employment growth in
the County is expected to occur in the settlement areas in the
County that are on full municipal services. The intent of this section
of the Official Plan is to establish the policy framework that will
provide the basis for co-ordinating and managing expected growth
to 2031.
B2.1 HISTORIC POPULATION AND EMPLOYMENT GROWTH
B2.1.1 Population
Table 1 below shows where population growth has occurred
between 1986 and 2011 in the County:
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Table 1 – Total Population of Elgin by Municipality
Census Estimates 1986, 1991, 1996, 2001, 2006 & 2011
Note: 2011 figures based on 2011 Census adjusted using 2006 undercount assumption ratio of 96.2
Table 1 indicates that:
In 2011 the total population of Elgin including St. Thomas
was 90,916.
With a 2011 population of 39,402, the population of St.
Thomas accounted for 43 percent of the total population of
Elgin.
Between 1986 and 2011, the total population of Elgin grew
by 18,426. St. Thomas grew by 9,572 (accounting for 52
percent of the County's total growth) while the County grew
by 8,854 (accounting for the remaining 48 percent).
Most of the population growth in the County between 1986
and 2011 has occurred in the St. Thomas area with growth in
Central Elgin (2,116), Aylmer (2,024), Bayham (1,975) and
Malahide (1,487). Collectively these four municipalities grew
by 7,602 between 1986 and 2011 - which accounts for 86
percent of the County’s overall growth over that period (not
including St. Thomas).
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More recently, the rate of growth in the St. Thomas area has
increased. Between 2001 and 2011, Elgin’s population
increased by 5,996 people with St. Thomas accounting for
4,722 (or 79 percent) of that growth, Bayham for 625 (10
percent), Central Elgin for 446 (7 percent) and Malahide for
367 (6 percent).
B2.1.2 Employment In Elgin (2006)
Table 2 below indicates that there were 34,805 jobs in the County
of Elgin in 2006, of which 18,885 (or 54%) were in St. Thomas:
Table 2 – Employment by Place-of-work in Elgin by Municipality and Major Industry
B2.2 PROJECTED POPULATION AND EMPLOYMENT GROWTH
a) Based on an assessment of past trends, it is expected that
the population of the County (excluding St. Thomas) will
increase from approximately 51,514 in 2011 to between
54,700 and 55,287 in 2031. The upper end of the range of
projected population growth is derived from the 2011 Ministry
of Finance projections.
b) This population projection is based on information that was
available at the time this Official Plan was prepared and is
primarily based on past trends. This projection does not take
into account the amount and location of serviced land in
settlement areas or future changes in the economic health of
the County, which to a very large extent is dependant on
factors that are beyond the control of the County.
c) Employment (excluding St. Thomas) is also expected to
increase from 15,930 in 2006 to 16,149 by 2031. Much of
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the new employment growth will be population related,
meaning that the new jobs will be located in areas that will
experience population growth.
d) Future population growth could be impacted by a range of
factors that are beyond the control of the County and any
number of one-time events. As a consequence, these
projections shall be reviewed no less than every five years.
B2.3LOCATION OF PROJECTED GROWTH
It is expected that about 80% of the expected population and
employment growth in the County to 2031 will occur in the central
and eastern parts of Elgin County (which includes Bayham, Alymer,
Malahide, Central Elgin and Southwold) as it has in the period
between 1986 and 2011. The remaining 20% will occur in the
western parts of the County. The majority of expected population
growth will occur in settlement areas that have both municipal
sewer and water services, as set out in SectionB2.5.
B2.4 EFFECT OF PROJECTED GROWTH ON EXISTING PLANNING
APPROVALS
a) There are 49 identified settlement areas within the County of
Elgin. Based on a review of the amount of vacant and under-
developed land designated for residential development, there
is about 700 hectares of such land in these settlement areas
that were fully serviced in 2011. These lands alone can
support considerably more population growth than what is
projected for the County to 2031. There was also in excess
of 1,000 hectares of potentially developable land in
settlement areas on partial services (either municipal water
or municipal sewer but not both) and within settlement areas
that do not have any municipal sewer or water services.
b) In 2011, there were about 900 hectares of vacant and
undeveloped employment lands in Elgin County that were
either fully serviced or were planned for full services. This
supply of land is also in excess of what the County needs as
a whole to support employment growth. However, the
majority of the employment lands (+700 hectares) is located
in Southwold in the area surrounding the recently closed
Ford plant.
c) There is a sufficient supply of land designated in local Official
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Plans to meet the need for residential and employment land
over the 20 year time period of the Plan. However, the
population and employment projections set out in Section
B2.2 do not have an impact on the ability of the County and
local municipalities to consider applications to develop lands
that are within a settlement area boundary that existed on the
date this Plan came into effect.
d)The population and employment projections set out in
Section B2.2must be considered if a new settlement areaor
asettlement area expansion is proposed. In either case, a
comprehensive review as defined by this Plan will be
required, in accordance with Section B2.8 of this Plan.
B2.5 HIERARCHY OF SETTLEMENT AREAS
a) Water supply, treatment and distribution works, along with
wastewater collection and treatment works, are the
responsibility of the constituent lower tier municipalities
and/or private sector organizations engaged by the lower tier
municipalities.
b) The Elgin Area Primary Water Supply System (EAPWSS)
intake and treatment plant facility is located in Central Elgin,
east of Port Stanley. The EAPWSS serves several Elgin
municipalities including Aylmer, Bayham, Central Elgin,
Malahide and Southwold. The System also serves St.
Thomas and part of the City of London. The Tri-County /
West Elgin Primary Water Supply System serves parts of the
County of Elgin, the County of Middlesex and the
Municipality of Chatham-Kent. The West Elgin Water
Treatment Plant is located just south of the Hamlet of Eagle
and serves the municipalities of West Elgin, Dutton-Dunwich,
Southwest Middlesex and the community of Bothwell in
Chatham-Kent.
c) A hierarchy of settlement areas has been established for the
Countyof Elgin based on the type of servicing. New
settlement areas are not contemplated by this Plan and
would only be considered on the basis of a comprehensive
review in accordance with Section B2.8.
Three tiers of settlement areas are established by this Plan as set
out below:
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TIER 1
The first tier includes all of those settlement areas that have
full municipal services (municipal water and sewage
services). The boundaries of these settlement areas are
shown on Schedule A to this Plan and are listed in Table 3.
As these settlement areas have both municipal sewage and
water services, these settlement areas are the preferred
locations for new development.
TIER 2
The second tier includes those settlement areas that are on
partial services (municipal water/individual on-site sewage
services or individual on-site water/municipal sewage
services). The boundaries of these settlement areas are
shown on Schedule A to this Plan and are listed in Table 3.
Limiteddevelopment is expected in these settlement areas
and is only permitted to allow for infilling and rounding out of
existingdevelopment provided that:
a) the proposed development is within the reserve
sewage system capacityandreserve water system
capacity; and,
b) site conditions are suitable for the long-term provision
of such services.
In cases where a plan of subdivision is required in
accordance with Section E1.2.1 of this Plan, a settlement
area capability study may be required in accordance with
Section B2.7 of this Plan.
TIER 3
The third tier includes those settlement areas that do not
have any municipal services (individual on-site water and
sewage services). Given their size, these settlement areas
are identified on Schedule A to this Plan by a symbol and are
listed in Table 3. The boundaries of these settlement areas
are established in the local Official Plans. Limited
development is expected in these settlement areas.
In cases where a plan of subdivision is required in
accordance with Section E1.2.1 of this Plan, a settlement
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area capability study may be required in accordance with
Section B2.7 of this Plan.
Table 3: Settlement Areas in the County of Elgin
TIER 1TIER 2TIER 3
Aylmer
Aylmer
Bayham
Port BurwellStraffordvilleCorinth
ViennaEdenNorth Hall
Richmond
Calton
Central Elgin
Port StanleyNew SarumSparta
BelmontUnion
LynhurstEastwood
Norman Lyndale
Dutton-
DuttonWallacetown
Dunwich
Iona
Iona Station
Duttona Beach
Malahide
SpringfieldLyons
Port BruceKingsmillCorners
OrwellAvon
CopenhagenSummers Corners
South Gore
Luton
Mount Salem
Calton
Southwold
Ferndale LynhurstTalbotville
Paynes Mills
Shedden
Fingal
Lawrence Station
Iona Station
Iona
Southwold Station
Frome
Middlemarch
West Elgin
RodneyNew GlasgowClachan
West LorneEagle
B2.6 NEW DEVELOPMENT IN EXISTING SETTLEMENT AREAS
In cases where new development is proposed outside of a built up
area, but within a settlement area boundary, it shall be
demonstrated that:
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a)the new development area will generally serve as a logical
extension to the existing built up area, is compact and
minimizes the consumption of land;
b) the scale and location of the development will be in
conformity with the Tier 2 policies in Section B2.5 d), if the
proposeddevelopment is to be on partial services;
c) a range of housing choices will be provided;
d) all of the other infrastructure required to service the new
development is available, and such infrastructurewill be
used as efficiently as possible; and,
e) all of the other relevant policies of this Plan have been
satisfied.
B2.7 SETTLEMENT AREA CAPABILITY STUDIES
In cases where a settlement area capability study is required by this
Plan in areas without full municipal services, such a study will be
prepared to the satisfaction of the local municipality and the County
to determine whether the settlement area can adequately
accommodate additional development on the basis of private or
partial services without having a negative impact on groundwater
used for drinking purposes and/or the ability of the soils in the area
to assimilate effluent. Other factors, such as the potential impacts of
newdevelopment on the road network, the natural environment and
community facilities may also be considered. With respect to
partially serviced settlement areas, there shall also be an
assessment of what the appropriate scale of development should
be given that infilling and rounding outis only permitted in Tier 2
settlement areas as set out in Section B2.5 d) of this Plan. Such a
settlement capability study will provide the technical foundation on
which individual plans of subdivision or consent will be evaluated,
subject to the requirements of the appropriate agencies.
B2.7.1 Employment Area Conversions
Proposals to convert lands within an Employment or Industrial
designation in a lower tier Official Plan to another type of land use
will be reviewed through a comprehensive review as defined by this
Plan. An Amendment to this Plan will not be required to implement
anemployment area conversion that is within a Settlement area in a
lower tier Official Plan. The intent of this policy is to ensure that an
adequate supply of employment land for a wide variety of
employment uses is available at all times in the County. In
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considering a request to remove lands from an Employment or
Industrial designation, it shall be demonstrated that:
a) there is a need for the conversion; and,
b) the lands are not required over the long term for the
employment purposes for which they are designated.
B2.8 SETTLEMENT AREA EXPANSIONS AND NEW SETTLEMENT
AREAS
B2.8.1 General Criteria
The County's long term prosperity, environmental health and social
well-being depends on wisely managing change and promoting
efficient land use and development patterns. On this basis, the
establishment of new settlement areas and settlement area
expansionsmayonlybe considered at the time of a comprehensive
review. Factors to consider as part of a comprehensive review
include:
a) sufficient opportunities are not available to accommodate
growth in the settlement area, the local municipality in which
thesettlement area is located, and adjacent areas within the
County Study Area as set out in Section B2.8.2;
b) the expansion makes available sufficient lands for a time
horizon not exceeding 20 years, in the Study Area based on
the analysis provided in subsection a),
c) the timing of the expansion and the phasing of the
development within the expansion area will not adversely
affect the achievement of the intensification targets in this
Plan;
d)the long-term financial impact on local municipalities and the
County resulting from the expansion is minimized.
B2.8.2 Study Area
For the purposes of Section B2.8.1 a), the County will determine the
limits of the Study Area, which should take into account the location
of the new settlement area or expansion, the availability of
servicing, the nature of the uses proposed (employment or
residential or both) and the scale of the new settlement area or
expansion area.
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B2.8.3 Locational Criteria for Settlement Area Expansions
The expansion of any settlement area boundary must:
a) serve as a logical extension to the existing built-up area and
should not be separated from existing development by
undevelopable lands, unless such lands are within a
significantnatural heritage feature;
b) provide for the integration of new development with the
fabric of the existing built-up area from a neighbourhood,
transportation and open space perspective;
c) only include lands on lower priority agricultural lands within
the Agricultural Area designation if no reasonable alternative
exists and provided the impact of new development on
agricultural uses outside of the expansion area is minimized
by applying the standards of Section C2.10(h) of this Plan;
d) meet the required minimum distance separation formula one
(MDS I) setback from any adjacent livestock facilities;
e) ensure that any development has no negative impacts on
significantnatural heritage features and related ecological
functions;
f) be appropriately serviced from a technical and economic
viability perspective;
g) be easily accessed by the existing transportation
infrastructure/system;
h) be located so that it can benefit from existing community
facilities or alternatively, be serviced by new community
facilities that are developed in a timely manner; and,
i) be located in close proximity to employment areas or
alternatively, includes an adequate supply of employment
lands to foster live-work relationships.
B2.8.4 Amendments to this Plan for Settlement Area Expansions or
New Settlement Areas
An Amendment to this Plan will not be required in conjunction with
an Amendment to a local Official Plan that provides for a
Settlement area expansion. An amendment to this Plan will be
required for the establishment of new Settlement areas.
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PART C: LAND USE DESIGNATIONS
This Section of the Official Plan identifies, describes and provides
policy direction with respect to the three primary land use
designations on Schedule A and thetwo overlays on Schedule C in
this Plan. Additional policy direction is provided through local
Official Plans.
C1SETTLEMENT AREAS
C1.1 OBJECTIVES
The following Sections set out objectives for residential, commercial
and employment areas within settlement areas that are shown on
Schedule A of this Plan.
C1.1.1 Residential Areas
It is the objective of this Plan to:
a)maintain and enhance the character and identity of existing
residential areas;
b) encourage the provision of a range of housing types to
accommodate persons with diverse social and economic
backgrounds, needs and desires while promoting the
maintenance and improvement of existing housing;
c) promote the efficient use of existing and planned
infrastructureby supporting opportunities for various forms of
residential intensification, where appropriate;
d) encourage increases in density in new development areas to
maximize the use of infrastructure and minimize the amount
of land required for new development;
e) ensure that residential areas permit a variety of
complementary and compatible land uses including special
needs housing, community facilities, schools, small-scale
commercial uses and recreational open space areas;
f) require a high standard of urban design for development and
;
redevelopmentand,
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g) encourage local municipalities to establish comprehensive
design guidelines and policies to foster the establishment of
communities that are safe, functional and attractive.
C1.1.2Commercial Areas
It is the objective of this Plan to:
a) encourage commercial development that will provide a full
range of goods and services, at appropriate locations, to
meet the needs of the County's residents, employees and
businesses;
b) encourage and promote developmentthatcombines
commercial, residential and other land uses to facilitate the
more efficient use of urban land and the establishment of a
pedestrian environment;
c) promote the efficient use of existing and planned
infrastructure by creating the opportunity for various forms of
commercial and residential intensification, where
appropriate;
d) protect existing commercial areas to ensure that their
function as neighbourhood and community gathering places
is retained;
e) encourage the continued revitalization of traditional and
emerging main street areas which reflects their heritage
significance and which promotes a mix of uses and
attractions for retail, other community uses and activities,
and tourism;
f) encourage urban design to improve the aesthetic quality of
retail corridors in the County to ensure that they function as
attractive destinations for shoppers from the County and the
surrounding area.
C1.1.3 Employment Areas
It is the objective of this Plan to:
a) monitor and ensure that there is a 20 year supply of land for
all types of employment uses in a number of different
settings and locations at all times;
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b) recognize that there are many types of employment in the
County and that each has different locational requirements
that are necessary to support their continued viability;
c) encourage local municipalities to protect employment areas
from land uses which may affect the continued viability of
existing and future employment uses and their expansion in
the future;
d) encourage and promote development in appropriate
locations that combines a mix of employment uses and
supporting uses to facilitate the more efficient use of urban
land;
e) promote the efficient use of existing and planned
infrastructure by creating the opportunity for various forms of
intensification, where appropriate; and,
f) require a high standard of urban design for development and
redevelopment.
C1.2 LOCATION
TheSettlement Areadesignationapplies to the Tier 1 and 2
settlement areas, the boundaries of which are shown on Schedule
A to this Plan, and the Tier 3 settlement areas as identified with
symbols on Schedule A to this Plan. These settlement areas are
also identified in Table 3.
C1.3 HOUSING POLICIES
C1.3.1Goals
It is the goal of this Plan to meet the County's current and future
housing needs by:
a) monitoring and ensuring that there is a 20 year supply of
land for residential development with sufficient water and
wastewater capacity;
b) ensuring the provision of an appropriate range of housing
types and densities to meet the needs of current and future
residents;
c) assisting in the achievement of residential intensification and
affordablehousing by encouraging opportunities for mixed-
usedevelopmentin appropriate locations;
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d) encouraging the use of surplus public lands for affordable
housingonly if the site is appropriate for such a use and
located where the use would be compatible with adjacent
uses;
e) encouraging the developmentofseniors housing in the
County;
f) encouraging the provision of alternative forms of housing for
special needs groups;
g) supporting universal physical access and encourage the
building industry to incorporate such features in new
residential structures;
h) encouraging the development and redevelopment of lands
withinsettlement areas and in appropriate locations at higher
densities to maximize the use of infrastructure; and,
i) encouraging the redevelopment of brownfield properties and
incentives to achieve same.
C1.3.2 General Policies
The County supports:
a)residential intensification and redevelopment within
settlement areas,where an appropriate level of physical
services is or will be available in the immediately foreseeable
future and subject to the policies of this Plan. In this regard,
the County will require that 15 percent of all development
occur by way of residential intensification and
redevelopment;
b) the provision of alternative forms of housing for special
needs groups and emergency housing, where possible;
c) the maintenance and improvement of the existing housing
stock. This shall be encouraged through local maintenance
and occupancy standards by-laws; and,
d) the utilization of available programs and/or funding, if any,
from applicable levels of government for assisted housing for
households, including those with special needs, as well as
programs to rehabilitate older residential areas.
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Local municipalities are also required to establish local Official Plan
policies and Zoning By-law provisions to allow second units in
detached, semi-detached, row houses and ancillary structures.
Local municipalities are also encouraged to include local Official
Plan policies with respect to garden suites. Encouraging the
establishment of second units and garden suites will also assist in
meeting residential intensification targets and the provision of
affordable housing.
C1.3.3 Affordable Housing
The County supports the provision of housing which is affordable to
low and moderate income households. In this regard the minimum
target for the provision of housing which is affordable in Elgin
County is 20%. In addition, affordable means:
a) in the case of ownership housing, the least expensive of:
i) housing for which the purchase price results in annual
accommodation costs which do not exceed 30
percent of gross annual household income for low
and moderate income households; or
ii) housing for which the purchase price is at least 10
percent below the average purchase price of a resale
unit in the regional market area.
The average purchase price of a resale unit in the regional
market area for 2011 was $197,506 in the Elgin regional
market area; applying a 10 percent discounting to this
average purchase price provides a ‘benchmark’of $179,341.
This average purchase price figure will change over time as
a result of fluctuating mortgage costs, utility rates, and the
vagaries of the housing market over which the County has
no control. The County will; however, monitor the average
purchase price on an annual basis.
b) in the case of rental housing, the least expensive of:
i) a unit for which the rent does not exceed 30 percent
of gross annual household income for low and
moderate income households; or,
ii)aunit for which the rent is at or below the average
market rent of a unit in the regional market area.
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C1.4 LAND SUPPLY
It is a policy of this Plan to maintain a ten year supply of land
,
throughresidential intensification,redevelopment and if necessary
landsdesignated and available for residential development, and a
three year supply of land zoned in local municipal zoning by-laws
forresidential intensification and residential lots/units in registered
and draft plan approved subdivisions.
C1.5DOWNTOWN AREAS
It is a policy of this Plan that the scale and location of new
development in the downtown or main street areas identified in local
Official Plans maintain and/or enhance the existing character of
these areas. This will be accomplished by encouraging:
a)thedevelopment of diverse, compatible land uses in close
proximity to each other;
b) the maximum use of existing buildings to accommodate a
wide range of uses, with an emphasis on using upper level
space for offices, residential uses and other uses;
c) the establishment and maintenance of a streetscape that is
pedestrian oriented;
d) the preservation and enhancement of the cultural and
historic features that exist in these areas;
e) partnerships and collaboration between local municipalities
and service delivery groups such as Business Improvement
Areas, Business Associations, Chambers of Commerce
and/or Local Heritage Committees; and,
f) the physical and aesthetic improvement of these areas
through their designation as community improvement plan
areas.
C2 AGRICULTURAL AREA
C2.1 OBJECTIVES
It is the objective of this land use designation to:
a) recognize agriculture as the primary activity and land use;
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b) maintain and preserve the agricultural resource base of the
County;
c) protect the County’sprime agricultural area from
fragmentation,development and land uses unrelated to
agriculture;
d) promote normal farm practices and to protect the right to
farm;
e) promote a diverse, innovative and economically strong
agricultural industry and associated activities by enhancing
their capacity to contribute to the economy of the County;
and,
f) preserve and promote the agricultural character of the
County and its local communities.
C2.2 LOCATION
All lands designated Agricultural Area as shown on Schedule A to
this Plan apply to lands that are not otherwise designated as
Settlement areas. These lands are considered to be the County’s
prime agricultural area as defined. It is recognized that certain
lands outside of settlement areas have been designated for non-
agriculturaldevelopment by the lower tier Official Plansand these
lands are deemed to not be within the prime agricultural area and
are instead subject to the relevant policies of this Plan and the
policies of the lower tier Official Plan.
C2.3 PERMITTED USES
Permitted uses in the Agricultural Area designation are:
a)agricultural uses;
b) a single detached dwelling in conjunction with an agricultural
use;
c) a single detached dwelling on an existing vacant lot, subject
to the policies of the lower tier Official Plan;
d) accessory accommodation subject to Section C2.5;
e) agriculture-related uses subject to Section C2.6;
f)secondary uses subject to Section C2.7;
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g)farm winery subject to Section C2.8;
h) forest, wildlife and fisheries management;
i) watershed management and flood and erosion control
projects carried out or supervised by a public agency;
j) passive non-motorized recreational uses, such as nature
viewing and pedestrian trail activities;
k) conservation uses; and,
l)temporary agricultural demonstration events such as a
plowing match, subject to lower tier approvals as required.
All uses in the Agricultural Area designation shall be designed,
located and managed to not detract from the primary role of the
Agricultural Area as set out in Section C2.1 of this Plan.
C2.4 LOT CREATION/CONSENTS
Policies respecting the creation of new lots on lands designated
Agricultural Area are set out in Section E1.2.3 of this Plan.
C2.5 ACCESSORY ACCOMODATION ON FARM PROPERTIES
The establishment of additional accommodation on a farm for full-
time farm labour is permitted, provided it can be demonstrated that
the size and nature of the operation requires additional employment
and the lands are appropriately zoned and provided the local
Official Plan permits this type of use. Temporary structures are the
preferred method for accommodating additional farm help, which
recognizes the changing nature of a farm operation.
The future severance of the lands that are the site of the accessory
accommodation use is not permitted.
C2.6 AGRICULTURE-RELATED USES
For the purposes of this Official Plan, small scale farm-related
commercial and farm-related industrial uses which are directly
related to agriculture and primarily serve the agricultural operation
by adding value to, or retaining the value of, an agricultural
commodity produced by that operation are deemed to be
agriculture-related uses. Such uses may also provide direct service
to other agricultural operations in close proximity on a secondary
basis. Examples of such uses include, but are not limited to:
agricultural storage and processing facilities involving the storage
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and processing of crops and/or livestock and/or related items (such
as cheese and milk) from a local farm operation in the area.
C2.7 SECONDARY USES
For the purposes of this Plan, the following uses are deemed to be
secondary uses:
a)Home occupations;
b)Home industries subject to Section C2.7.2 of this Plan;
c) Agricultural research and training uses subject to Section
C2.7.3 of this Plan;
d) Farm related tourism establishments subject to Section
C2.7.4 of this Plan;
e) Farm vacation homes or bed and breakfast establishments
(with up to 6 rooms) subject to C2.7.5 this Plan;
f)Estate wineries subject to Section C2.7.6 of this Plan; and,
g) Seasonal homegrown produce stands.
C2.7.1 Characteristics of a Secondary Use
Asecondary use is any land use that is secondary to the principle
use on a property. If the principle use is agriculture, then the
secondary use must be accessory to and subordinate to the
agricultural use. If the principle use on the property is residential in
the form of a single detached dwelling, then the secondary use
must be accessory and subordinate to the single detached dwelling.
Factors to consider by municipalities in determining whether a use
is a secondary use include:
a) the amount of land devoted to the secondary use in
comparison to the amount of land devoted to the principle
use;
b) the size of the building housing the secondary use in relation
to the sizes of building(s) accommodating the principle use;
c) the nature of the secondary use itself and whether the use is
operated by the owner of the property;
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d) the number of people employed by the secondary use in
relation to the number of people employed by the principle
use;
e) the extent to which retail sales occur as a component of the
secondary use; and,
f) the amount of traffic generated by the secondary use in
relation to the principle use on the property.
Local municipalities are encouraged to permit secondary uses in
their Official Plans and implementing zoningby-laws as
appropriate.
C2.7.2 Home Industries
Home industries may be permitted, subject to the policies of the
local Official Plan provided that:
a) the building housing the home industry is generally located
within the existing farm-building cluster, if located on a farm
property;
b)thehome industry and the principle use generally rely upon
the same water and sewer infrastructureandthedriveway
from the public road;
c)thehome industry has a floor area that is consistent with the
scale of uses on the property;
d) the noise, dust and odour that could potentially emanate
from the use will not have an adverse impact on adjacent
properties;
e) the type and level of traffic generated by the use is
compatible with the character of the area and the function of
adjacent roads;
f) the operator of the home industry permanently resides on
the property;
g) all machinery and equipment, with the exception of motor
vehicles, required for thehome industry is generally located
within enclosed buildings;
h) any permitted open storage associated with the home
industry is screened from view and located within a fenced
compound;
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i) the number of employees is limited; and,
j) any retail component of the home industry is clearly
accessory to the home industry and does not detract from
the primary use of the property or adjacent properties.
C2.7.3 Agricultural Research and Training Establishments
Thedevelopment of agricultural research and training
establishments is encouraged in the County. Such uses may be
permitted subject to the policies of the local Official Plan, provided
that:
a) the use is related to and will benefit the agricultural industry;
b) the use will assist in the furthering of knowledge in the
agricultural sector of the economy;
c) the use will assist local farmers through training and the
identification of improved farming methods and procedures;
d) the proposed use shall not have a negative impact on the
enjoyment and privacy of neighbouring properties;
e)adequate on-site parking facilities are provided for the use, in
addition to the parking required for the principal use on the
property, and such parking is provided in locations
compatible with surrounding land uses;
f) the agricultural research and training establishment and the
principle use generally rely upon the same water and sewer
infrastructureandthedriveway from the public road;
g) the proposed access to the site will not cause a traffic
hazard;
h) the proposed use can be serviced with an appropriate water
supply and an appropriate means of sewage disposal;
i) the proposed use does not negatively detract from the rural
character of the area through the establishment of a built
form that is incompatible with the rural surroundings; and,
j)the building housing the proposed use is located within the
existing farm-building cluster where possible and shall utilize
a common driveway with the principal use of the property.
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C2.7.4 Farm Related Tourism Establishments
Given the proximity of the County to major urban areas, the County
supports the developmentof uses that highlight the importance and
value of the agricultural economy. On this basis, uses such as farm
machinery and equipment exhibitions (on a temporary basis), farm
tours, petting zoos, hay rides and sleigh rides, processing
demonstrations, pick-your-own produce establishments, small-scale
farm theme playgrounds for children and small-scale educational
establishments that focus on farming instruction are permitted in the
Agricultural Area designation as an secondary use on a farm
subject to the policies of the local Official Plan provided that:
a) the proposed use shall not have a negative impact on the
enjoyment and privacy of neighbouring properties;
b)adequate on-site parking facilities are provided for the use,
in addition to the parking required for the principal use on the
property, and such parking is provided in locations
compatible with surrounding land uses;
c) the proposed access to the site will not cause a traffic
hazard;
d) the proposed use enhances the rural character of the County
through the preservation of historic barns and/or the
establishment of a built form that is compatible with the rural
surroundings; and,
e) the building housing the proposed use and the principle use
generally rely upon the same water and sewer infrastructure
andthedriveway from the public road.
Overnight camping, amusement parks and recreational uses are
not permitted.
C2.7.5 Farm Vacation Homes or Bed and Breakfast Establishments
Farm vacation homes and bed and breakfast establishments with
up to 6 rooms for the temporary accommodations of guests are
permitted subject to the policies of the local Official Plan provided
that:
a) the use shall not have an adverse effect on the enjoyment
and privacy of neighbouring properties;
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b) the farm vacation home is the principal residence of the
owner and operator;
c) the character of the dwelling as a private residence is
preserved;
d) adequate parking facilities are available on the lot for the
proposed use;
e) the use will not cause a traffic hazard; and,
f) the use can be serviced with an appropriate water supply
and an appropriate means of sewage disposal.
C2.7.6 Estate Winery
Estate wineries may be permitted subject to the policies of the local
Official Plan subject to the following:
a) A minimum of8 hectares must be planted with vines;
b) The retail sale of wine and wine related products, and a
hospitality room where food and wine is prepared and
served, will be permitted when such uses are accessory to
complement the estate winery;
c) The maximum total floor area for retail and hospitality uses
2
shall be 400m so as not to detract from the main use of the
land and not adversely affect other uses permitted in the
area;
d)Estate wineries shall be required to locate with direct access
and frontage onto an improved public roadway maintained
year round with sufficient capacity to accommodate the
anticipated traffic;
e)Estate wineries shall be subject to a local Zoning By-law
Amendment and Site Plan and Site Plan Agreement
approval by the municipality. The following matters must be
addressed to the satisfaction of the municipality:
i) appropriate water supply and means of sewage
disposal;
ii) best practices for drainage and outlets for stormwater
run-off;
iii) entrances and exits to roads;
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iv)off-street loading, parking spaces;
v) outside storage;
vi) buffering/screening, landscaping; and,
vii) outdoor areas to be used by the public (e.g. patios).
C2.8 FARM WINERY
Farm wineries may be permitted subject to the policies of the local
Official Plan and subject to the following:
a) A minimum of 2 hectares must be planted withvines;
b) The fruit used in the annual production of wine at a farm
winery shall consist predominately of fruit grown in the
County of Elgin by that farm winery operation. This may be
reduced in any one year due to crop failure or damage
resulting from causes beyond the control of the winery, such
as climate and precipitation abnormalities, with the balance
being from Ontario fruit; and,
c) The retail sale of wine produced on-site shall be permitted,
provided that it does not conflict with any minimum floor area
requirement for licensing approval, on-site tasting room and
2
retail floor space shall not exceed the lesser of 75mor 25
percent of the total winery floor area (excluding any below
ground floor area). The on-site retail floor space for non-
agricultural and/or non Elgin County agricultural products,
shall not exceed 5 percent of the total retail floor space.
C2.9 RECREATIONAL AND OTHER NON-AGRICULTURAL USES
Thedevelopment of new recreational uses and expansions to
existing recreational uses, such as golf courses and driving ranges,
and cemeteries is not permitted on lands designated Agricultural
Area by this Plan since it is the intent of this Plan to protect lands
which are suitable for agricultural uses for the long term. However,
applications to amend the local Official Plan to develop such uses
may be considered subject to the submission of appropriate
studies, including an Agricultural Impact Assessment, that
demonstrates to the satisfaction of the County that:
a) there is a need within the planning horizon of this Plan for
the proposed use;
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b) the lands do not comprise a specialty crop area;
c) there are clearly no other reasonable alternatives that are
outside of prime agricultural areas;
d) there are no reasonable alternative locations in prime
agricultural areas with lower priority agricultural lands;
e) the proposed use will not be located in an area that may
have an impact on the efficient and logical expansion of
nearby urban areas;
f) the proposed use meets the required MDS I setback
distances; and,
g) impacts from any new or expanding non-agricultural uses on
surrounding agricultural operations and lands should be
minimized to the extent feasible.
Site-specific local Official Plan Amendments of this nature will not
require an Amendment to this Plan.
C2.10 COMPATIBILITY OF AGRICULTURAL USES WITH OTHER
LAND USES
The following land use compatibility policies apply to agricultural
operations and non-agricultural operations in the County:
a) In order to provide farmers with the ability to carry out normal
farm practices, all new development, including development
on existing lots of record, shall be set back from agricultural
operations in accordance with the minimum distance
separation one formula, as amended. Development on lands
within the settlement area designation is exempt from this
policy.
b) New and/or expanded livestock facilities shall be set back
from existing non-agricultural uses in accordance with the
minimum distance separation two formula, as amended.
c)Theminimum distance separation one and two formulae
shall be included in local zoningby-laws, as appropriate and
in accordance with this Plan and the local Official Plans.
d) Lower tier municipalities will be required to determine in their
planning documents whether the minimum distance
separation one formula will apply to surplus farm dwellings
orafter a catastrophe that destroys part or all of a dwelling,
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providing the resulting new dwelling is built no closer to
surrounding livestock facilities than before the catastrophe.
e) Lower tier municipalities will be required to determine in their
planning documents whether the minimum distance
separationtwo formula will apply in the case of a
catastrophe that destroys part or all of a livestock facility,
provided the resulting livestock facility is built no closer to
surrounding development than before the catastrophe and
only where the rebuilt livestock facility houses the same or
fewer nutrient units and the manure/material type as well as
the odour potential are the same or less. In addition, lower
tier municipalities will be required to identify in their planning
documents which, if any, cemeteries will be treated as a
Type A land use when the cemetery is closed and/or
receives low levels of visitation, where in the absence of this
information all cemeteries shall be treated as a Type B land
use for the purposes of MDS II.
f) Nothing in this Plan shall limit the ability of farmers to carry
outnormal farm practices in accordance with the Farming
and Food Production Protection Act.
g) Existing agricultural uses are permitted within the settlement
area designation with the exclusion of new livestock
facilities.
h) Proposals for development within a settlement area
boundary shall be carefully planned to ensure that any
potential impacts from adjacent agriculture operations are
mitigated to the extent feasible, through the establishment of
buffers, berms and subdivision design. The impacts of new
suchdevelopment on adjacent agricultural lands should also
be considered and the approval authority may require the
erection of fencing as a condition of approval to ensure that
new residents and others do not trespass on adjacent
agricultural land.
Other criteria may be established by local municipalities in
accordance with Provincial guidelines.
C2.11 SUPPORTING AGRICULTURE IN ELGIN COUNTY
It is a policy of this Plan to encourage all levels of government to
develop and implement programs and plans to support and sustain
agriculture in Elgin, which may include, among others, the
following:
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a) the creation of an agricultural advisory committee to provide
advice and act as a direct and on-going liaison between the
agricultural community and County Council;
b)thedevelopment of an economic development and
investment strategy for agriculture inElgin;
c) the marketing and promotion of local agricultural products to
Elgin communities;
d) the provision of financial support to promote environmental
stewardship including the preparation of Environmental Farm
Plans and Nutrient Management Plans, and preservation
and enhancement of natural areas and functions;
e) the establishment of fiscal tools including innovative tax
policies, reduced development charges, and venture capitals
for innovative agriculture;
f) the development and implementation of education programs
to promote public awareness and support for the agricultural
industry; and,
g) the use of Community Improvement Plans under the
Planning Act to promote agriculture.
C2.12 FUTURE SPECIALTY CROP AREAS
Currently, there are no lands designated for specialty crops in the
County. However, it is recognized that the County’s location along
the Lake Erie shoreline provides a climatic advantage for the
growing of specialty crops. That, coupled with the high quality soils
found in Elgin means the County has the potential to accommodate
a diverse variety of specialty crops. Consequently, the County may
identifyspecialty crop areas with assistance from the Province. Any
future identification of specialty crop areas will be implemented by
way of amendment to this Plan, including the addition of appropriate
policies related to specialty crop areas.
C3 PROVINCIALLY SIGNIFICANT WETLANDS
C3.1 OBJECTIVE
It is the intent of this Plan to identify Provincially Significant
Wetlands and Coastal Wetlands and to prohibit development and
site alteration within these wetlands.
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C3.2 LOCATION
TheProvinciallySignificant Wetlands designation is intended to
identify and protect Provincially Significant Wetlands and Coastal
Wetlands as classified by the Ministry of Natural Resources, as
identified on Schedule A to this Plan.
C3.3 PERMITTED USES
Developmentandsite alteration is not permitted in Provincially
SignificantWetlands and CoastalWetlands. Permitted uses in the
ProvinciallySignificant Wetlands designation are limited to:
a) forestry in the form of reforestation and regeneration, and
excluding commercial logging and managed woodlots; and,
b) uses connected with the conservation of water, soil, wildlife
and other natural resources.
C3.4 DEVELOPMENT POLICIES
Development policies are contained in Section D1.1 and D1.2 of
this Plan.
C4AGGREGATE RESOURCE AREA AND PETROLEUM
RESOURCE AREAS
C4.1 OBJECTIVES
It is the objective of this Plan to:
a) recognize existing pits and quarries and protect them from
activities that would preclude or hinder their continued use or
expansion;
b) protect known deposits of aggregate resources and areas of
potentialmineral aggregate resources for potential future
extraction;
c) ensure that new pits and quarries, and petroleum exploration
and production will not have a negative impact on significant
natural heritage features and related ecological functions;
d) ensure that the haul routes used are appropriate;
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e) ensure that extractive activities are carried out in a manner
that minimizes environmental and social impacts; and,
f) ensure the progressive rehabilitation of pits and quarries to
an appropriate after-use.
C4.2 LOCATION
Petroleum resource areas and known mineral aggregate resources,
as identified by the local Official Plans and are shown on Schedule
C. As these areas are based on approved and proposed
(unapproved) local Official Plans at the time of adoption of this
Plan, the boundaries of these areasare considered to be
approximate and therefore, there should be reliance upon approved
local Official Plans in this regard.There is potential for deposits of
mineral aggregate resources to exist outside of the areas mapped
on Schedule C for which there were no records existing at the time
of this Plan. The policies of this Plan apply to all mineral aggregate
resource areas, regardless of whether or not they are delineated on
Schedule C.
C4.3 POLICIES
C4.3.1 New or Expanding Operations
Thedevelopment of a new pit or quarry or the expansion of an
existingpit or quarry is subject to the policies of the local Official
Plans and may require an Amendment to permit the use.
Petroleum exploration and production under the Oil, Gas and Salt
Resources Act is permitted except in settlement areas and is
subject to the policies of the local Official Plans and may require an
Amendment to permit the use.
C4.3.2 Development Adjacent to Lands in Aggregate Resources Area
Overlay
When new development requiring a Planning Act approval is
proposed within 300 metres of a pit or 500 metres of a quarry, the
approval authority shall be satisfied that the proposed use is
compatible with the current and future operation of the pit or quarry.
In some cases, setbacks between the uses may be required to
minimize conflicts. In order to determine if a new use is compatible,
thedevelopment proponent will be required to demonstrate that the
proposed use shall provide for the necessary mitigation of impacts
arising from the existing pit or quarry, including future phases that
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are under license but are yet to be extracted, to meet applicable
Provincial standards, regulations and guidelines.
C4.3.3 Mineral Aggregate Operations on Lands in Agricultural Area
Designation
On lands designated Agricultural Area, extraction of mineral
aggregates is permitted as an interim use provided that
rehabilitation of the site will be carried out whereby substantially the
same areas and same average soil quality for agriculture are
restored. On these lands, complete agricultural rehabilitation is not
required if:
a) there is a substantial quantity of mineral aggregates below
the water table warranting extraction; or
b) the depth of planned extraction in a quarry makes restoration
of pre-extraction agricultural capability unfeasible; and,
c) other alternatives, including resources in areas of Canada
Land Inventory Class 4 to 7 soils and resources on prime
agricultural lands where rehabilitation is feasible, have been
considered by the applicant and found unsuitable; and,
d) agricultural rehabilitation in remaining areas will be
maximized.
C4.3.4 Wayside Pits and Quarries
Wayside pitsandquarries, portable asphalt plantsandportable
concrete plants for public road works shall be permitted in all areas,
except areas where such a use is not permitted in accordance with
Provincial regulations and guidelines.
C4.3.5 Protection of Resource Areas
C4.3.5.1 Mineral Aggregate Resources Areas
It is the policy of this Plan that areas adjacent to or in known
deposits of mineral aggregate resources be protected from uses
and/or activities that may preclude or hinder the effective and/or
economical extraction of aggregate in the future.
It is the policy of this Plan to require that Official Plan Amendment,
Zoning By-law Amendment and consent applications on lands that
are wholly or partially within 300 metres of a sand and gravel
deposit, and that has the potential to preclude or hinder continued
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extraction or expansion to existing operations or the establishment
of new operations or access to mineral resources, be accompanied
by appropriate studies that demonstrate that:
a) resource use would not be feasible; or,
b) the proposed land uses or development serves a greater
long term public interest; and,
c) issues of public health, public safety and environmental
impact have been addressed.
C4.3.5.2 Petroleum Resource Areas
Petroleum resource operations shall be protected from
development and activities that would preclude or hinder their
expansion or continued use or which would be incompatible for
reasons of public health, public safety or environmental impact. All
exploration and production activities are to be in compliance with
the Oil, Gas and Salt Resources Act regulations and Provincial
Operating Standards thereto.
Newdevelopment shall be set back 75 metres from existing
petroleum wells and associated works, with this setback being
equivalent to the required setback under the Oil, Gas and Salt
Resources Act for new wells from existing development.
Where development is proposed adjacent to or above known pools
or deposits, shown on Schedule C as petroleum resource areas the
Province shall be consulted regarding measures to allow possible
future access for resource production purposes. Development and
activities which will preclude or hinder the establishment of new
operations or access to the resources shall only be permitted if:
a) resource use would not be feasible; or,
b) the proposed land use or development serves a greater
long-term public interest; and,
c) issues of public health, public safety and environmental
impact area have been addressed.
Development on, abutting or adjacent to lands affected by former
petroleum resource operations may be permitted only if
rehabilitation measures to address and mitigate known or
suspected hazards are under-way or have been completed.
Contaminated sites shall be remediated as necessary prior to any
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activity on the site associated with the proposed use such that there
will be no adverse effects.
Rehabilitation to accommodate subsequent land uses shall be
required after extraction and other related activities have ceased.
Progressive rehabilitation should be undertaken wherever feasible.
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PART D: NATURAL HERITAGE, WATER AND NATURAL
HAZARDS
D1.1 OBJECTIVES
It is the objective of this Plan to:
a)identify known natural heritage features and to protect those
features and their ecological functions from incompatible
uses;
b) raise the public’s awareness that these natural heritage
features are important to the County of Elgin and to its local
municipalities and should be protected for future generations;
c) maintain, restore or where possible, improve the diversity and
connectivity of natural features in an area, and the ecological
function and biodiversity of natural heritage systems
recognizing linkages between and among natural heritage
features and areas,surface water features and ground water
features;
d) protect, improve or restore the quality and quantity of water;
e)identifysurface water features,ground water features,
hydrologic functions andnatural heritage features and areas
which are necessary for the ecological and hydrological
integrity of the watershed;
f) implementing necessary restrictions on development and site
alteration to: protect all municipal drinking water supplies and
designated vulnerable areas; and protect, improve or restore
vulnerable surface and ground water, sensitive surface water
features and sensitive ground water features, and their
hydrologic functions;
g) maintain linkages and related functions among surface water
features,ground water features,hydrologic functions and
natural heritage features and areas; and,
h) direct development and site alternation to areas outside
hazardous lands adjacent to the shorelines of Lake Erie
which are impacted by flooding hazards,erosion hazards
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and/or dynamic beach hazards; hazardous lands adjacent to
river, stream and small inland lake systems which are
impacted by flooding hazards and/or erosion hazards; and
hazardous sites.
D1.2 NATURAL HERITAGE
D1.2.1 Establishing a Natural Heritage System
The County of Elgin is committed to maintaining and promoting a
healthy natural environment and protecting its unique and special
natural heritage features for the present generation and all
successive generations. Therefore, an ecosystem based planning
and management approach is required to guide the land use
decision-making process. This approach must emphasize that
development not only protect and manage ecosystems but also
include the objective of enhancing and restoring ecosystems
appropriately.
The diversity and connectivity of natural features in an area, and
the long term ecological function and biodiversity of natural heritage
systems, should be maintained, restored or where possible,
improved, recognizing linkages between and among natural
heritage features and areas,surface water features and
groundwater features.It is a policy of this Plan that the
establishment of a natural heritage system be considered at the
time of next Official Plan Review.
D1.2.2Mapping of Natural Heritage Features in this Plan
All natural heritage features are considered to be important to the
County. While the location and significance of these features has
yet to be determined in some cases, all of these features need to be
considered when applications for development and site alteration
are being evaluated. It is recognized that additional natural heritage
features will be identified by the County, local municipalities,
applicable Conservation Authority’s or the Ministry of Natural
Resources.
AppendixMap1 is intended to reflect the following natural heritage
features and areas:
a)Provincially Significant Wetlands and Coastal Wetlands
(which are also shown on Schedule A);
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b)Provincially Significant Areas of Natural and Scientific
Interest and;
c)woodlands.
The boundaries of these features and areas areconsidered to be
approximate. This Plan is not intended to limit the ability of existing
agricultural uses to continue on lands that are identified on
Appendix Map 1 and on adjacent lands.
D1.2.3 Development and Site Alteration
a)Development andsite alteration shall not be permitted in
significant habitat of endangered species and threatened
species, significant wetlands and significant coastal
wetlands.
b) Development andsite alteration shall not be permitted in
i)significant woodlands;
ii)significant valleylands;
iii)significant wildlife habitat; and,
iv)significant areas of natural and scientific interest
unless it has been demonstrated that there will be no
negative impacts on the natural features or their ecological
functions.
c) Development andsite alteration shall not be permitted in fish
habitatexcept in accordance with Provincial and Federal
requirements.
D1.2.4 Significance
a) The responsibility for determining the significance of
significant habitat of endangered species and threatened
species, significant wetlands, significant coastal wetlands
andsignificant areas of natural and scientific interest rests
with the Province of Ontario.As new information becomes
available, this Plan shall be amended as appropriate to
ensure that the information is as up to date as is feasible.
b) This Official Plan does not contain criteria to determine
whether the woodlands shown on Appendix Map1 are
significant. A woodland would be classified as being
significantif it is determined to be an area which is
ecologically important in terms of features such as species
composition, age of trees and stand history; functionally
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important due to its contribution to the broader landscape
because of its location, size or due to the amount of forest
cover in the planning area; or economically important due to
site quality, species composition, or past management
history.
However, the determination of significance cannot be made
on a case-by-case basis in the absence of a County study
that reviews the nature, location and type of woodland
features that exist. As a consequence, it is a policy of this
Plan that the County will establish the criteria for determining
significance at the time a natural heritage system is
established.
c) This Official Plan does not contain criteria to determine what
valleylandareas or wildlife habitat areas in the County are
significant. These features would be considered significant if
they are consider to be ecologically important in terms of
features, functions, representation or amount, and
contributing to the quality and diversity of an identifiable
geographic area or natural heritage system. Given that a
natural heritage system has not been established by this
Plan, it is a policy of this Plan that the County will establish
the criteria for determining significance at the time a natural
heritage system is established.
D1.2.5 Significant Habitat of Endangered Species and Threatened
Species
Thesignificanthabitat of endangered species and threatened
speciesis not shown on Appendix Map 1. Species at Risk are
identified as extirpated, endangered, threatened or species of
special concern on the Species at Risk in Ontario List. The Ministry
of Natural Resources (MNR) administers the Endangered Species
Act, 2007 (ESA) to protect and conserve species at risk and their
habitats. Under the ESA, the MNR is responsible for identifying and
approving general and regulated habitat, as well as giving technical
advice on species at risk and their habitats. The technical advice
provided under the ESA supports the implementation of natural
heritage policies found within the Provincial Policy Statement, 2005
(PPS). For the purposes of the PPS, MNR is responsible for
approving the delineation of significanthabitat for species identified
as endangered and threatened.
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Environmental Impact Studies or other planning reports may help
with identifying the extent of the habitat of endangered species and
threatened species.
Thesignificanthabitat of endangered species and threatened
specieswill be based on an evaluation of the following
considerations:
a) Assessments reviewed and approved by the Ministry of
Natural Resources regarding the extent of the species’
habitat;
b) Habitats or areas delineated by MNR and/ or regulated under
the ESA; and,
c) Habitat that is necessary for the maintenance, survival,
and/or the recovery of naturally occurring or reintroduced
populations of endangered species or threatened species,
and where those areas of occurrence are occupied or
habitually occupied by the species during all or any part(s) of
its life cycle.
Development and site alteration shall not be permitted on the
adjacent lands to significanthabitat of Endangered Species and
Threatened Species, except for work authorized under the ESA.
D1.2.6 Other Natural Heritage Features
D1.2.6.1 Wetlands
Wetlands are lands that are seasonally or permanently covered by
shallow water, as well as lands where the water table is close to or
at the surface. In either case, the presence of abundant water has
caused the formation of hydric soils and has favoured the
dominance of either hydrophytic plants or water tolerant plants.
The four types of wetlands are swamps, marshes, bogs and fens.
Wetlands play a very important role in the natural heritage system,
since they:
provide habitat for plants and animals;
store water for groundwater recharge purposes;
trap sediments, nutrients and contaminants thereby
improving downstream water quality;
provide corridors for plant and animal movements; and,
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provide flood control and protect shorelines from erosion.
Wetlands are classified by the Ministry of Natural Resources as
either Provincially or locally significant.
D1.2.6.2 Areas of Natural and Scientific Interest
Both Earth Science and Life Science Areas of Natural and Scientific
Interest (ANSI's) are areas of land and water containing natural
landscapes or features which have been identified as having values
related to protection, natural heritage appreciation, scientific study
or education.
D1.2.6.3 Wildlife Areas
Awildlife habitat area is an area of land where plants, animals and
other organisms live, and find adequate amounts of food, water,
shelter and space needed to sustain their populations.
D1.2.6.4 Fish Habitat
Fish habitat is spawning grounds and nursery, rearing, food supply,
and migration areas on which fish depend directly or indirectly in
order to carry out their life processes.
D1.2.6.5 Watercourses
All of the watercourses in the County are considered to be
environmentallysignificant since they:
a) store storm and melt waters;
b) contain fish and wildlife habitat areas;
c) function as corridors for migrating wildlife habitat movement
and vegetation dispersal;
d) serve to maintain the quality and quantity of water (surface
and ground water resources); and,
e) assist in the improvement of air quality.
It is the intent of this Plan to protect all watercourses from
incompatibledevelopment to minimize the impacts of such
development on their function.
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D1.3 GENERAL POLICIES
D1.3.1 Use of Lands in Private Ownership
Where any land within the Provincially SignificantWetlands
designation or identified on Appendix Map 1 is held under private
ownership, this Plan shall not be construed as implying that such
areas are free and open to the general public.
D1.3.2 Adjacent Lands
Adjacent lands are the lands contiguous to a natural heritage
feature or area where it is likely that development or site alteration
would have a negative impact on the feature or area. For the
purposes of this Official Plan, adjacent lands are defined as all
lands within the specified distance of the boundary of natural
heritage features and areas as set out in the following Table.
ADJACENT
NATURAL HERITAGE FEATURE
LANDS
(metres)
ProvinciallySignificantWetlands120
Significantwoodlands120
Significantwildlife habitat and wildlife core areas120
Significanthabitat of endangered species and threatened120
species
ProvinciallySignificantAreas of Natural and Scientific 50
Interest– Earth Science
ProvinciallySignificantAreas of Natural and Scientific 120
Interest– Life Science
SignificantValleylands120
Fish Habitat120
Nodevelopment or site alteration shall be permitted on these
adjacent lands unless theecological function of the adjacent lands
has been evaluated and it has been demonstrated, through an
Environmental Impact Study (EIS), that there will be no negative
impact on the natural features or their ecological functions.
D1.3.3 Potential Natural Corridors
Natural corridors are defined as linear natural features such as
streams,floodplains, steep slopes, valleys, contiguous narrow
woodlands and wetlands that connect two or more natural heritage
features. While these corridors are not identified on the schedules
to this Official Plan, nor within Appendix Map 1, it is the intent of the
County to identify these corridors when a natural heritage system is
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developed in accordance with Section D1.2.1 of this Plan. These
natural corridors should be identified since they:
• allow for the passage of animals requiring a variety of
habitats for their survival;
• allow for the movement of plants and animals to other areas
thereby increasing their population;
• provide for reproductive interchanges for plants and animals,
thereby promoting genetic variations; and,
• provide escape routes for animals from predators and
natural and human disturbances.
It is the policy of this Plan that the integrity of natural corridors be
preserved wherever feasible to protect existing linkages and
encourage the development of new linkages.
D1.3.4 Environmental Impact Studies
Where the policies of this Plan require that an EIS be prepared,
such an EIS shall be prepared in accordance with the requirements
of this section and Appendix B of this Plan.
D1.3.4.1 Purpose of an Environmental Impact Study
The purpose of an EIS is to:
a) collect and evaluate the appropriate information in order to
have a complete understanding of the boundaries, attributes
and functions of natural heritage features and associated
ecological and hydrological functions that exist;
b) to determine whether there are any additional natural
heritage features on the lands and adjacent lands;and,
c) make an informed decision as to whether or not the
proposeddevelopment and/or site alterationwill have a
negative impact on the natural heritage features and
ecological and hydrological functions.
The approval authority, in consultation with the appropriate
Conservation Authority, must be satisfied with an EIS prior to the
granting of development approvals. The recommendations of an
EIS shall be implemented through Official Plan amendments,
zoning by-laws, subdivision conditions, site plan control, and/or
applicable regulations.
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D1.3.4.2 What an Environmental Impact Study Should Demonstrate
Beforedevelopment is approved in the area subject to the EIS, the
EIS shall demonstrate that the relevant policies of this Plan and the
local Official Plan are met. The EIS should also demonstrate that
the use will not have a negative impact on significantnatural
heritage features and related ecological functions.
D2 WATER RESOURCES
D2.1 Improving, protecting and restoring
The County and local municipalities shall protect, improve or
restore the quality and quantity of water by:
a) using a watershed as the ecologically meaningful scale for
planning;
b) minimizing potential negative impacts, including cross-
jurisdictional and cross-watershed impacts;
c)identifyingsurface water features, ground water features,
hydrologic functions and natural heritage features and areas
that are necessary for the ecological and hydrological
integrity of the watershed;
d) implementing necessary restrictions on development and
site alteration to:
i) protect all municipal drinking water supplies and
designated vulnerable areas; and,
ii) protect, improve or restore vulnerable surface and
ground water, sensitive surface water features and
sensitive ground water features, and their hydrologic
functions;
e) maintaining linkages and related functions among surface
water features, ground water features, hydrologic functions
andnatural heritage features and areas;
f) promoting efficient and sustainable use of water resources,
including practices for water conservation and sustaining
water quality;
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g) ensuring stormwater management practices minimize
stormwater volumes and contaminant loads, and maintain or
increase the extent of vegetative and pervious surfaces; and,
h)promoting the use of sustainable and low impact
development stormwater strategies and practices.
Source water protection plans are currently being prepared for
Elgin County. Appropriate and relevant policies and mapping from
these source water protection plans will be implemented by way of
amendment to this Plan.
D2.2 Restriction on Development and Site Alteration
a)Development andsite alteration shall be restricted in or near
sensitivesurface water featuresandsensitive ground water
features such that these features and their related hydrologic
functions will be protected, improved or restored.
b) Mitigative measures and/or alternative development
approaches may be required in order to protect, improve or
restore sensitive surface water features, sensitive ground
water features, and their hydrologic functions.
D3 NATURAL AND MAN-MADE HAZARDS
D3.1 Hazardous Lands
Hazardous lands are lands that could be unsafe for development
due to naturally occurring processes. Along the shoreline of Lake
Erie, this means the land, including that covered by water and the
furthest landward limit of the flooding hazard,erosion hazard or
dynamic beach hazard limits. Along river, stream and small inland
lake systems, this means the land, including that covered by water,
to the furthest landward limit of the flooding hazard orerosion
hazardlimits.
D3.2 Shoreline of Lake Erie
The Conservation Authorities have commissioned Shoreline
Management Plans for the Lake Erie shoreline within the
boundaries of the County of Elgin. These management plans were
prepared to balance the options of shoreline prevention, protection,
environmental impact, monitoring, emergency response and public
education in an overall management plan of the shoreline
resources. The recommendations of these Shoreline Management
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Plans and the Conservation Authority regulations have resulted in
development design standards and/or prohibition within the
established shoreline hazard lands.
The shoreline hazard lands is not shown on this Plan. Instead, it is
a policy of this Plan that this area be delineated in lower tier Official
Plans and zoning by-laws.
D3.3 Development in a Floodplain
It is the intent of this Plan that no development or site alteration be
permitted within the floodplain of a river or stream system to
minimize and eliminate any risks to life and property resulting from
flooding, in accordance with relevant Conservation Authority
regulations.Buildings and structures are not permitted within the
floodplain, except where written permission is obtained from the
appropriateConservation Authority.
D3.4 Erosion Hazard Limit
Development shall be directed to an area outside of the erosion
hazard limit of a riverine valley slope. The erosion hazard limit
distance shall be determined in consultation with the affected
municipality and Conservation Authority and be subject to the
following criteria as identified within the provincial technical guide
for natural hazards:
a) toe erosion allowance;
b) stable slope allowance (3:1);
c)flooding hazard limit or meander belt allowance;
d) erosion/erosion access allowance
Theerosion hazard limit will be defined on a site-by-site basis in
consultation with the appropriate Conservation Authority. Provincial
guidelines related to natural hazards will be used as a basis in
determining the erosion hazard limit.
D3.5 HAZARDOUS SLOPES
a)Development shall be sufficiently setback from the top of
bank of slopes greater than 3:1. The development setback
distance shall be determined by a qualified geotechnical
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engineer in consultation with the local municipality and the
appropriateConservation Authority and be subject to the
following criteria:
i) soil type and groundwater patterns;
ii) vegetation type and cover;
iii) severity of slope; and,
iv) nature of development;
D3.6 ONTARIO REGULATIONS
Certain lands within the County are subject to the Development,
Interference with Wetlands and Alterations to Shorelines and
Watercourse Regulation issued by the Province. The Regulation
Limit represents a compilation of various information including
engineeredfloodplain mapping, estimated floodplain mapping and
erosion hazards. The extent of these regulated areas and features
are subject to adjustment as confirmed by site visits and studies.
The respective Conservation Authorities should be consulted for
details.
Development in a regulated area or the straightening, changing,
diverting or interfering in any way with the existing channel or a
river, creek, stream, watercourse or changing or interfering with a
wetland shall require permission from the applicable Conservation
Authority.
D3.7 WASTE DISPOSAL SITES
Known existing and former (closed) waste disposal sites are shown
with a symbol on Schedule B.
Thedevelopment of new uses or new or enlarged buildings or
structures within an assessment area of 500 metres from the fill
area of the closed site may be permitted, provided an assessment
is completed to determine:
a) whether the proposed use will be adversely affected by
noise, odour, dust or other nuisance factors from the waste
disposal site;
b) potential traffic impacts;
c) whether the proposed use will be adversely affected by
ground and surface water contamination by leachate
migrating from the waste disposal site; and,
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d) the impact of the proposed use on leachate migration from
thelandfill site.
The assessment is intended to address these matters and other
items outlined in the Province's Guideline D-4, April 1994, or its
successor as required to ensure that the proposed land uses are
compatible in nature and do not adversely impact upon each other.
In order to implement these policies, local municipal Zoning By-
laws shall restrict the development of new uses or new or enlarged
buildings or structures on lands within the 500 metre assessment
area in accordance with this Plan. As an alternative, all lands
within the assessment area shall be subject to a Holding provision
in the Zoning By-law. The lifting of a Holding provision permitting
thedevelopment of any new use or new or enlarged buildings or
structures within the assessment area shall not occur until Council
is satisfied that all of the studies required by the Municipality and
County have been completed.
D3.8 CONTAMINATED OR POTENTIALLY CONTAMINATED SITES
If the site of a proposed use or development is in the opinion of the
County or other approval authority known or suspected to be a
contaminated site, Council shall require that prior to permitting
developmenton the site, the proponent shall complete the following
to the satisfaction of the County or other approval authority:
a) Environmental Site Assessment (ESA) in accordance with
Ministry of Environment guidelines; and,
b) site restoration in accordance with a remedial plan, where
the need for remediation is identified.
Wherean ESA has determined that contamination exists, no
development shall be permitted until such time as the completion of
any required decommissioning and/or remediation of the site, and a
Record of Site Condition has been prepared by a Qualified Person
confirming that site soil conditions meet Provincial criteria for the
proposed use.
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PART E:GENERAL
E1 GENERAL DEVELOPMENT POLICIES
E1.1 LAND USE COMPATIBILITY
In order to protect existing and future industrial uses, there is a
need for local municipalities and the County to consider how
existing and future sensitive land uses may have an impact on the
continued viability of these uses. In this regard, land use decisions
shall ensure that major facilities and sensitive land uses are
appropriately designed, buffered and/or separated from each other
to prevent adverse effects from odour, noise and other
contaminants, and minimize risks to public health and safety.
E1.2 SUBDIVISION OF LAND
This section is intended to contain policies that are to be considered
with every application to subdivide land in the County through the
subdivision, condominium and consent to sever process. Regard
shall also be given to the specific policies dealing with lot creation in
each land use designation in addition to other policies in the Plan.
County Council shall approve only those plans of subdivision or
condominium which comply with the provisions of this Plan and the
applicable local Official Plan.Under conditions of approval
attached to plans of subdivision or condominium pursuant to the
Planning Act:
a) County Council shall require that the applicant(s) enter into
appropriate agreements with the County and/or local
municipality which may be registered against the title of the
subject lands and which shall include such matters as
services, financial requirements, County road facilities,
dedication of land for public uses, exclusive of parks and
other requirements to implement the provisions of this Plan;
and,
b) the Council of the local municipality may require that the
applicant(s) enter into appropriate agreements which shall be
registered against the title of the subject lands, and may
include such matters as, but not limited to, financial
requirements, local roads, drainage, grading and
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landscaping, sidewalks and dedication of land for public uses
and other requirements to implement the provision of this
Plan and the local Official Plan.
E1.2.1 When a Plan of Subdivision Required
Lot creation by Plan of Subdivision is generally required if:
a)the extension of an existing public road or the development
of a new public road is required to access the proposed lots;
or,
b) the area that is proposed to be developed is not considered
to be infilling; or,
c) a Plan of Subdivision is required to ensure that the entire
land holding or area is developed in an orderly and efficient
manner; or,
d) more than four lots including the retained lands are being
created and/or the owner is retaining sufficient lands for the
development of additional lots in accordance with the land
use designation in the local Official Plan.
E1.2.2 Subdivision Review Criteria
County Council and local Municipal Councils will evaluate
applications for plans of subdivision or condominium on the basis of
the requirements of the Planning Act as well as criteria including,
but not limited to, the following:
a) the plan is generally consistent with the objectives and
policies of this Plan and conforms with the local Official Plan;
b) there is capacity available in the municipal water and
sewage treatment systems and there is suitable provision for
roads, water, storm and sanitary sewers, waste disposal,
recyclable collection, public utilities, fire and police
protection, parks, schools, and other community facilities;
c) the plan is designed to reduce any negative effecton
surrounding land uses, the transportation network, or
significant natural heritage features and areas; and,
d)the plan is designed to be integrated with adjacent
neighbourhoods and development;
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E1.2.3 New Lots By Consent
The approval of consents to sever land in Elgin County shall be in
conformity with the relevant policies contained in this Plan, policies
contained in local Official Plans, and the provisions of the Planning
Act. Under no circumstances shall consents be granted for approval
that are contrary to the policies of this Plan or the local Official Plan.
E1.2.3.1 General Criteria
Provisional consent may be granted subject to appropriate
conditions of approval for the severed and/or retained lot. Prior to
issuing provisional consent for a new lot for any purpose, the
approval authority shall be satisfied that the lot to be retained and
the lot to be severed:
a) fronts on and will be directly accessed by a public road that
is maintained on a year-round basis;
b) does not have direct access to a Provincial Highway or
County Road, unless the Province or the County permits a
request for access;
c)will not cause a traffic hazard;
d) has adequate size and frontage for the proposed use in
accordance with the local municipal Zoning By-law;
e) notwithstanding d) above, where a zoning by-law
amendment or minor variance is required, approval of such
amendment or variance shall be included as a condition of
the approval of the consent;
f) can be serviced with an appropriate water supply and means
of sewage disposal, provided there is confirmation of
sufficientreserve sewage system capacity and reserve water
system capacity within municipal sewage services and
municipal water services;
g)will not have a negative impact on the drainage patterns in
the area;
h) will not restrict the developmentof the retained lands or
other parcels of land, particularly as it relates to the provision
of access, if they are designated for development by this
Plan;
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i)will not have a negative impact on the significant features
and functions of any natural heritage feature; in this regard,
lots should be restricted in size in order to conserve other
lands in larger blocks for natural heritage purposes;
j)will not have a negative impact on the quality and quantity of
groundwater available for other uses in the area;
k) will not have an adverse effect on natural hazard processes
such as flooding and erosion;
l) conform with the local Official Plan; and,
m) will conform to Section 51 (24) of the Planning Act, as
amended.
E1.2.3.2 Boundary Adjustments
A consent may be permitted for the purpose of modifying lot
boundaries, provided no new building lot is created. In reviewing an
application for such a boundary adjustment, the approval authority
shall be satisfied that the boundary adjustment will not affect the
viability of the use of the properties affected as intended by this
Plan. In addition, the approval authority shall be satisfied that the
boundary adjustment will not affect the viability of the agricultural
parcels affected.
E1.2.3.3 Technical Severances
Consents may be granted for the purpose of creating an easement
or right-of-way, where such severance does not result in the
creation of a new lot except where the creation of new lots is to
correct a situation where two or more lots have merged on title.
Such new lots may be permitted anywhere in the County except on
lands within the Agricultural Area designation, provided the
approval authority is satisfied that:
a) the merging of the lots was unintentional and was not
merged as a requirement of a previous planning approval;
b) the new lot is generally of the same shape and size as the
lot which once existed as a separate conveyable lot;
c) the new lot can be adequately serviced by on-site sewage
and water systems;
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d) the new lot fronts on and will be directly accessed by a
public road that is maintained year-round by a public
authority;
e) there is no public interest served by maintaining the property
as a single conveyable parcel; and,
f) the new lot will conform to the access policies of the relevant
road authority.
E1.2.3.4 Lot Creation on Lands in the Agricultural Area
In accordance with the intent of this Plan to maintain and protect
the agricultural resource of the County and direct the majority of
new residential growth to settlement areas or existing vacant
building lots, new lots may be permitted if the local Official Plan
supports their creation and if:
a) the lot is to be severed to create a new farm lot and both the
retained and severed parcels each have a lot area of about
40 hectares; or,
b) the lot is to be created to accommodate a habitable
residence that has becomesurplus to a farming operation as
a result of a farm consolidation provided that the
developmentof a new residential use is prohibited on any
retained parcel of farmland created by the consent to sever,
unless the retained parcel is the product of the merging in
title of two adjacent agricultural parcels in which case a
dwelling unit would be permitted as part of the operation; or,
c) the lot is required for an agricultural-related use, provided
the new lot is limited to a minimum size needed to
accommodate the use and appropriate sewage and water
services.
Consents may also be granted for legal or technical reasons, such
as for easements, correction of deeds, quit claims and minor
boundary adjustments that do not result in the creation of a new lot.
E1.2.3.5 Subdivision Development Policies
This section is intended to contain general policies to be considered
with every application for Plan of Subdivision. Regard should also
be had to the specific policies dealing with lot creation in each land
use designation and other relevant policies of this Plan and the
policies of the local Official Plans.
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Prior to the consideration of an application for Plan of Subdivision,
CountyCouncil shall be satisfied that:
a) the approval of the development is not premature and is in
the public interest;
b) the lands will be appropriately serviced with infrastructure,
schools, parkland and open space, community facilities and
other amenities;
c)the density of the developmentis appropriate for the area;
d) the application, if approved, conforms to this Plan and the
lower-tier Official Plan;
e) the subdivision, when developed, will be appropriately
integrated with other developmentin the area; and,
f) the proposal has regard to Section 51 (24) of the Planning
Act, as amended.
Prior to the registration of any Plan of Subdivision, a Subdivision
Agreement between the landowner and the local municipality will
be required.
E2 CULTURAL HERITAGE RESOURCES
It is the intent of this Plan that the County’s significant built heritage
resources and significant cultural landscapes be identified,
conserved and enhanced whenever practical and that all new
development occur in a manner that respects the County’s rich
cultural heritage. The cultural heritage resources of the County
generally include:
a)built heritage resources;
b)cultural heritage landscapes; and,
c)archaeological resources.
Local Official Plans shall include policies that are intended to
implement this policy, including requiring a heritage impact
assessment or conservation plan and/or cultural heritage impact
assessment prior to development on lands on or adjacent to
cultural heritage resources. A heritage impact assessment should
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outlinethe context of the proposal, any potential impacts the
proposal may have on the heritage resource, and any mitigative
measures required to avoid or lessen negative impacton the
heritageresource.
Local municipalities are encouraged to establish Municipal Heritage
Committees pursuant to the Ontario Heritage Act.
It is a policy of this Plan to support the use of Community
Improvement Plans under the Planning Act to promote and support
cultural heritage resources.
E2.1 ARCHAEOLOGICAL RESOURCES
The County recognizes that there are archaeological resources of
pre-contact and early historic habitation as well as areas of
archaeological potential within the County, that can be adversely
affected by any future development and redevelopment.
The County and/or local municipalities shall therefore require
archaeological assessments and the preservation or excavation of
significant archaeological resources in accordance with Provincial
requirements. Archaeological assessment reports by licensed
archaeologists are to be in compliance with guidelines set out by
the Ministry of Tourism, Culture, and Sports, as well as licensing
requirements referenced under the Ontario Heritage Act.
The appropriate First Nations shall be provided notification with
regard to the identification of burial sites and significant
archaeological resources relating to the activities of their ancestors.
If the County initiates the preparation of an archaeological master
plan, the appropriate First Nations shall be notified and invited to
participate in the process.
Local Councils may conserve the integrity of archaeological
resources by adopting zoning by-laws under Section 34 of the
Planning Act, to prohibit land uses on sites where an identified
significantarchaeological resource or an area of archaeological
potential exists.
E2.2 MARINE ARCHAEOLOGICAL RESOURCES
The County recognizes that, within its boundaries, there may be
marine archaeological remains from the pre-historic period through
the modern era up to the last 50 years. These marine
archaeological resources may include the remains of ships, boats,
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vessels, artifacts from the contents of boats and belongings of crew
or passengers, weaponry, parts of ship construction, old piers,
docks, wharfs, fords, fishing traps, dwellings, aircraft and other
items of cultural heritage value. The remains may currently be
underwater or were, at one time, underwater but are no longer
submerged.
The County shall, prior to approving a development proposal where
there is high archaeological potential for marine archaeological
resources, require a marine archaeological survey to be conducted
by a licensed marine archaeologist to the satisfaction of the County
and Ministry of Tourism,Culture and Sports, pursuant to the Ontario
Heritage Act. Any marine archaeological resource that is identified
must be reported to the Ministry of Tourism,Culture and Sports
immediately. The Ministry shall determine whether the resource
shall be left in situ or may be removed, through excavation, by
licensed marine archaeologists under the direction of the Ministry of
Tourism,Culture and Sports.
In considering applications for waterfront development, the County
shall ensure that cultural heritage resources both on shore and in the
water are not adversely affected. When necessary, the County will
require satisfactory measures to mitigate any negative impacts on
significantcultural heritage resources.
E3 PUBLIC SERVICE FACILITIES AND
INFRASTRUCTURE
Public service facilities and infrastructure are permitted in all land
use designations subject to any regulatory requirements such as
the provisions of the Environmental Assessment Act. All public
works are also required to conform to this Plan and the lower-tier
Official Plan.
Where companies subject to federal or provincial control propose
new utility installations, it is the policy of this Plan to encourage
where feasible and appropriate:
a) the screening of antennas and towers from view from roads
or scenic vistas through landscaping, fencing or other
architectural screening;
b) the use of innovative design measures such as the
integration of such uses with existing buildings and/or
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streetscape features such as gateways, lamp posts and
signs;
c) the co-location clustering of different utilities to minimize
impacts;
d) the use of existing infrastructure where possible such as
water towers or utility poles; and,
e) the siting of utilities away from sensitive land uses.
E4 SANITARY SEWERS AND WATER
The County of Elgin does not fund or maintain sanitary sewer or
water systems in the County. The County does however, promote
efficient and environmentally responsible development which is
supportable on the basis of appropriate types and levels of water
supply and sewage disposal. The County encourages new
development to proceed on the basis of full municipal services.
Where partial municipal services are considered the supporting
studies shall address all servicing options.
E4.1 GENERAL POLICIES
The County shall:
a) encourage development on municipal water and sanitary
sewer systems;
b) encourage local municipalities with water and sanitary
sewage systems to continuously monitor uncommitted
reserve capacities;
c) encourage improvement of existing systems and the
installation of new systems in settlement areas throughout
the County, where technically and financially feasible;
d) cooperate with local municipalities, the Province and other
public and/or private partners to negotiate innovative
arrangements for the provision of water and sanitary sewage
systems in the County;
e) encourage monitoring and proper maintenance of private
sewage treatment systems in the County in order to protect
and improve ground and surface water quality and avoid
system malfunctions and failures;
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f) encourage the correction of failed systems;
g) encourage and promote the use of technological and other
system improvements which may help achieve reduced
volumes and/or improved quality of effluent; and,
h) work with local municipalities and Conservation Authorities
to explore water conservation/efficiency opportunities such
as water reuse, rainwater harvesting and innovative
stormwater management.
E4.2 ALTERNATIVE AND RENEWABLE ENERGY SYSTEMS
The County shall encourage the development of alternative and
renewable energy systems, as a source of energy for the economic
and environmental benefit of Elgin County and the Province of
Ontario. These systems significantly reduce the amount of harmful
emissions to the environment when compared to conventional
energy systems. The County encourages the use of wind, water,
biomass, methane, solar and geothermal energy.
New or expanded alternative or renewable energy systems should
be designed and constructed to minimize impacts on adjacent land
uses in order to prevent adverse impacts from odours, noise and
other contaminants and minimize risk to public health and safety.
Sites for largescale alternative or renewable energy systems
should have sufficient area to provide appropriate setbacks from
sensitive residential and institutional land uses to provide safety
and/or minimize other potential impact in accordance with the
Green Energy and Green Economy Act.
E5 TRANSPORTATION
E5.1 OBJECTIVES
It is the objective of this Plan to:
a) facilitate the safe and efficient movement of people and
goods within the County’s communities and to and from
adjacent municipalities;
b) establish an integrated transportation system that safely and
efficiently accommodates various modes of transportation
including trains, automobiles, trucks, air, public transit,
cycling and walking;
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c) to develop a hierarchical functional classification of roads
that enables a priority of improvements to be established;
d) promote public transit, cycling and walking as energy
efficient, affordable and accessible forms of travel;
e) protect transportation corridors to facilitate the development
of a transportation system that is compatible with and
supportive of existing and future land uses;
f) ensure that appropriate right-of-way widths for all existing
and proposed roads are provided in accordance with the
Planning Act;
g) encourage the use of alternative development standards for
roads, where appropriate;
h) encourage the efficient use of land along transportation
corridors to maximize the use of public transit;
i) restrict developmenton private roads;
j) protect the long-term operation and economic role of the St.
Thomas airport; and,
k) support the protection existing rail lines,promote and protect
local rail heritage, and encourage the protection of
abandoned railway rights-of-way for public uses such as
trails and cycling paths.
E5.2 PEDESTRIAN AND CYCLING ROUTES AND FACILITIES
Local municipalities are encouraged to develop interconnected
systems of cycling and walking routes providing access to major
activity and employment areas and to future public transit. In order
to plan for and encourage walking and cycling, local municipalities
are encouraged to:
a) consider the provision of safe and convenient cycling and
walking routes in the review of all developmentapplications;
b) require the provision of sidewalks in settlement areas, where
appropriate;
c) investigate and provide for bicycle lanes wherever possible
in the construction or reconstruction of roads and bridges;
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d) encourage and support measures which will provide for
barrier-free design of pedestrian facilities;
e) ensure that lands for bicycle/pedestrian paths are included
with the land requirements for roads;
f) ensure that the rights and privacy of adjacent property
owners are factored into the design process for pedestrian
and cycling routes; and,
g) ensure that all pedestrian and cycling routes are designed to
be safe.
E5.3 TRAFFIC IMPACT STUDY – COUNTY ROADS
It is a policy of this Plan that proposed development likely to
generate significant traffic shall be supported by a traffic impact
study that assesses the impact on the County’s transportation
system and surrounding land uses.
E5.4 ROAD NETWORK
E5.4.1 General Policies
E5.4.1.1 Road Classification System
For the purposes of this Plan, all roads in the County are classified
as follows:
a) Provincial Highway;
b)County Road; and,
c) Local Road.
Provincial highways, County Roads and some Local Roads are
shown on Schedule B. New roads and re-constructed roads under
the County’s jurisdiction shall be developed to comply with the
classification, function and general design requirements outlined in
Table4 – Function of Transportation Facilities.
Any road transferred from the Province of Ontario to the County
shall be considered a County Road for the purposes of this Plan.
Table 4 – Function of Transportation Facilities
Type of FunctionGeneral Design Guidelines
Facility
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County
Major Arterial (4 Lane)
Roads
-Connect major urban -Right-of-way width up to 36.5 m
centres and Provincial -Private driveways discouraged
Roads-2 to 4 travel lanes
Minor Arterial
-Connect smaller urban -Right-of-way width of 30.0 to 36.5
centres and connect to m
Provincial Roads-Private driveways permitted
-Highway 401 subject to design controls
Emergency Detour -2 travel lanes
Route
Collector
-Connect hamlets and -Right-of-way width of 20.0 to 30.0
activity centresm
-Provide linkages to the -Private driveways permitted
arterial road system-2 travel lanes
Local
-Connect hamlets and -Right-of-way width of 15.0 to 20.0
activity centresm
-Provide linkages to the -Private driveways permitted
arterial road system-2 travel lanes
Rail Lines
Serve all types of Grade separations at
people and goods intersections with other major
movement by rail at the transportation facilities
regional or national Noise or vibration-sensitive land
scaleuses to be discouraged along
Accommodate right-of-way
commuter rail Transit-supportive land uses to
movement to major be encouraged around commuter
urban centres rail stations
Bicycle
Serve both local Bicycle paths may be located off-
Paths
transportation and street or within road rights-of-way
recreational travel
demands
Connect communities
and activity areas
throughout the County
*Right-of-way widths in some cases may need to be wider to accommodate
design features, noise walls, turning lanes, bike paths, and utilities etc. Final
right-of-way requirements along roads will be determined through functional
designs and subdivision approvals.
E5.4.1.2Right-of-Way Widths and Road Widenings
Right-of-way widths for every type of Countyroad are set out in
Table4. The right-of-way width for any public road may allow for
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the placement of travel lanes, turning lanes, utilities, infrastructure,
high occupancy vehicle lanes, sidewalks, paths, bicycle lanes,
medians, streetscaping and landscaped boulevards, where
appropriate.
In addition to the road right-of-way widths set out in Table 4, the
County may, without the need for an amendment to the Official
Plan, require the dedication of lands to be used for daylight
triangles, to provide sufficient sight distances and turning lanes to
provide safe and appropriate access where major traffic generators
intersect. In this regard, intersection improvements may be
required as shown on Schedule B. Where additional land is
required for intersection improvements, such land shall be
dedicated wherever possible, in the course of approving plans of
subdivision or condominium, consents or site plan agreements,
without amendment to this Plan.
As a condition of a development approval, land for road widenings
shall be conveyed at no expense to the County in accordance with
the provisions of the Planning Act. As a general principle, required
road widenings will be taken equally from both sides of the right-of-
way. Unequal road widenings may be considered by the County
where:
a) the area is the site of a topographic feature which is difficult
to overcome or costly to develop for road purposes; and/or,
b) the location of an identified cultural heritage resource limits
design options; and/or,
c) the presence of a significant natural heritage feature limits
design options; and/or,
d) the location of mature trees contributes to the character of
an area.
Notwithstanding the policies set out in this Plan, the County
recognizes that the reconstruction of roads to approved minimum
standards in some existing developed areas may not be
appropriate from a right-of-way acquisition or community design
perspective, or economically or physically feasible. Any attempt to
reconstruct such roads to minimize deficiencies shall only be
undertaken after a study to determine a right-of-way which will
result in a streetscape which minimizes impacts on abutting
properties and is appropriate to the character of the area, while
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serving anticipated traffic volumes. No amendment to the Plan shall
be required to implement such a modification to the right-of-way.
It is the policy of this Plan that an Environmental Assessment for
any County Road widening project shall address whether there are
other transportation alternatives and how the project would
implement the transportation goals, objectives and policies of this
Plan.
E5.4.1.3 Financing of Road Construction
Construction of any part of the road network shall be in accordance
with the ability of the authority having jurisdiction to finance such
infrastructure. In addition, road construction under the jurisdiction of
the County shall be in accordance with the approved Capital
Budget and/or the Capital Forecast.
E5.4.1.4 Road Design Standards
The County of Elgin Roads Plan and Policies document (2009) will
serve as the basis for the construction and design of roads that are
under the jurisdiction of the County, including policies limiting direct
access to County Roads where access is available by a local road.
Council may consider alternative design standards to provide for
the more efficient use of land in newly developing areas of the
County. Changes to standards and design criteria for such roads
and facilities may be permitted without an amendment to this Plan.
The County shall encourage local municipalities to provide safe and
convenient pedestrian facilities by:
a) coordinating the installation of sidewalks on both sides of
County roads within settlement areas identified in local
Official Plans;
b) working with local municipalities to ensure that sidewalks are
sufficiently set back from the roadway, are well drained and
are of barrier free design; and,
c) participating in multiuse trail development.
E5.4.1.5Road Closures
Council may stop up and close existing County roads and road
related facilities, subject to the provisions of the Municipal Act,
2001, as amended without the need to amend the Official Plan.
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E5.4.1.6 Traffic Calming
The County may investigate traffic calming measures to be
implemented in certain locations within the County and/or as a
requirement of a development approval to promote pedestrian
safety and mitigate the effects of automobile traffic within the
County. Traffic calming features may be permitted subject to an
evaluation by the County of functional, operational, servicing and
financial issues associated with their use.
E5.4.2 Private Roads
Private roads are lanes, driveways, roads or right-of-ways
maintained by private individuals or Condominium Corporations. It
is the policy of this Plan to restrict new development on private
roads to a Plan of Condominium. The creation of a new lot for any
purpose on a private road outside of a Plan of Condominium is not
permitted.
E5.4.3 Provincial Highways
In addition to all the applicable municipal requirements, all proposed
development located adjacent to and in the vicinity of a provincial
highway within Ministry of Transportation (MTO) permit control area
under the Provincial Transportation and Highway Improvement Act
will also be subject to MTO approval. Any new areas in the
municipality identified for future development that are located
adjacent to or in the vicinity of a provincial highway or
interchange/intersection within MTO’s permit control area will be
subject to MTO policies, standards, and requirements. Direct
access will be discouraged and often prohibited.
E5.4.4 Proposed Provincial Highway 3
The proposed Highway 3 By-pass extends from south of the former
Ford Plant in Southwold to the Town of Aylmer and Malahide
Township to the east, as shown as a “Proposed Transportation
Corridor” on Schedule B of this Plan. The by-pass corridor is
designated as a protected corridor under an Order-in-Council and
falls within the Ministry of Transportation’s permit control area.
E5.5 ST. THOMAS AIRPORT
Airportsmust be appropriately designed, buffered and/or separated
to prevent adverse effects from noise. New residential
developmentand other sensitive land uses are prohibited in areas
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nearairportsabove the 30 NEF/NEP, as set out on maps approved
by Transport Canada. In order to protect the St. Thomas Municipal
Airport from incompatible development, the following policies shall
apply:
a) New residential developmentand other sensitive land uses
will not be permitted in areas above 30 NEF as set out in the
Central Elgin Official Plan.
b)Redevelopment of existing residential uses and other
sensitive land uses may be considered above 30 NEF/NEP,
if it has been demonstrated that there will be no negative
.
impacts on the long-term function of the airport
c)Newdevelopment in areas below 30 NEF/NEP, but in close
proximity to the St. Thomas Airport lands as shown in the
Central Elgin Official Plan, may be required to address the
Noise and Vibration and/or Land Use Compatibility policies
found in the Central Elgin Official Plan. This may include a
review and update of the NEF/NEP contours in accordance
with the standards prescribed by Transport Canada.
d)Newdevelopmentpermitted within the airport lands and
other areas above the 30 NEF/NEP may be subject to a
noise analysis to identify noise reduction features and other
mitigation measures in accordance with the policies and
guidelines of Transport Canada Aviation.
E5.6 TOURISM CORRIDORS AND USES
Tourism Corridors are identified on Schedule B of this Plan and are
intendedto recognize and link Lake Erie ports, scenic driving routes
and other tourism destinations with settlement areas and the high
volumes of potential tourist traffic along Highway 401. It is the
policy of this Plan that:
a) existing tourism uses and properties in the County, and in
particular those uses within or in close proximity to Tourism
Corridors, will be encouraged to be retained, redeveloped,
expanded, and upgraded, wherever possible and
appropriate;
b) any proposal to amend local Official Plans and/or Zoning By-
laws to remove tourism-related commercial permissions for
any property shall generally be discouraged to maintain the
function of these corridors; and,
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c) the County shall place a priority on such Tourism Corridors
to ensure safe and efficient movement of traffic to enhance
the economic development benefits of tourism traffic in Elgin
County.
E5.7 THE PORTS OF ELGIN COUNTY
The County will continue to promote and support the viability of the
many ports along Lake Erie as important economic resources and
locations for tourism and recreation. The County recognizes the
potential of the various ports as gateways to the County and
components of a broader transportation system. The County
encourages the pursuit of appropriate opportunities for the
expansion of port facilities and the establishment of commercial
uses and marine transportation infrastructure, subject to the policies
of this Plan.
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PART FIMPLEMENTATION AND ADMINISTRATION
F1 INTRODUCTION
The implementation section contains policies pertaining to the
administration and implementation of the Official Plan. The Planning
Act contains a number of tools that are intended to be used by
municipalities to administer and implement an Official Plan. This
section of the Plan contains the policies that set out how these tools
are to be utilized by County Council to meet the goals and
objectives of this Plan.
F2 OFFICIAL PLAN ADMINISTRATION
The County is responsible for conducting county-wide planning and
for ensuring that land use decisions are in conformity with this Plan.
In addition to this role, the County has the authority to approve
plans of subdivision and condominium. In these roles, the County
will endeavour to make the development approval process efficient
and timely.
CountyCouncil and the local Councils shall not undertake any
public work or pass any by-law that does not conform to the intent
and policies of the Official Plan.
This section of the Plan describes how the Official Plan will be
administered, updated and amended, as required.
F2.1 AMENDMENTS TO THE PLAN
It is the intent of this Plan to serve as the basis for managing
change in the County until 2031.
Any Amendment shall conform to the overall intent of the Official
Plan as set out in the community vision, goals, and strategic
objectives of this Plan. The Plan may be altered to correct errors in
the text or schedules without an Amendment to this Plan provided
the alterations do not change the effect of the goals, objectives and
policies of the Plan.Minor changes to road alignments do not
require an amendment to the Plan.
CountyCouncil, following the adoption of this Plan, shall determine
theneed to revise the Official Plan in whole or in part in
consultation with prescribed public bodies and hold a special
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meeting of Council that is open to the public, at intervals of not
more than every five years. In considering the need for revisions,
the County shall also consider Section 26 of the Planning Act which
requires that the Official Plan:
a) conforms with provincial plans or does not conflict with them,
has regard to the matters of provincial interest listed in
Section 2 of the Planning Act, and is consistent with policy
statements issued under Subsection 3(1) of the Planning
Act; and,
b) policies on employment lands are either confirmed or
amended.
F3 LOCAL OFFICIAL PLANS
It is the intent of the County, and a requirement of the Planning Act,
that local Official Plans shall conform to the County Plan and be
one of the primary means of implementing the policies herein.
It is recognized, however, that some time may elapse between the
adoption of the Plan and the modification of the local official plans
to ensure conformity. The modifications may be part of the statutory
review process, as defined under the Planning Act. In the event of a
conflict between the provisions of a local Official Plan and the
provisions of this Plan in the interim period, the provisions of this
Plan shall prevail to the extent of that conflict.
Nothing in this Plan shall prevent the local municipalities from
adopting more restrictive policies or standards than those outlined
in this Plan,provided such policies are consistent with the general
intentof this Plan.
F4 LOCAL ZONING BY-LAWS
When this Plan or any part thereof takes effect, every local zoning
by-law shall be amended by the local municipalities to conform with
this Plan pursuant to Section 27(1) of the Planning Act. The
Amendments to the zoning by-laws should occur after the local
Official Plan has been amended to conform to this Plan.
Notwithstanding the above, this Plan is not intended to prevent the
continuation, expansion, or enlargement of uses which do not
conform to the designations and provisions of this Plan. At their
sole discretion, Councils of the local municipalities may zone to
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permit the continuation, expansion or enlargement of legally
existing uses, or variations to similar uses, provided that such uses:
a) have no adverse effect on present uses of surrounding lands
or the implementation of the provisions of this Plan;
b) have regard for the MDS Formula as amended from time to
time, if applicable; and,
c) are subject to any conditions that may be contained in a
local Official Plan.
F5 SITE PLAN CONTROL
CountyCouncil shall encourage the use of site plan control
provisions of the Planning Act, to implement the policies and
provisions of this Plan and the local Official Plans, and to
coordinate and enhance the physical development of the local
municipality. Provisions for site plan control shall be detailed in the
local Official Plans.
F6 COMMUNITY IMPROVEMENT PLANS
The goal of any Community Improvement Area shall be to foster
and co-ordinate the physical improvements and maintenance of
older or dilapidated areas of a community for environmental, social
or community economic reasons.
F6.1 OBJECTIVES
Community Improvement Areas are intended to achieve one or
many objectives, including to:
a)encourage the efficient provision and maintenance of
physical infrastructure, public services and utilities to serve
present and future needs on a local and regional scale;
b) address issues which may be particular to one
neighbourhood;
c) ensure the maintenance and renewal of older housing stock;
d) foster redevelopment, reuse and/or maintenance of existing
brownfield sites and/or current industrial sites;
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e)enhance retail and downtown commercial areas within the
municipalities;
f) encourage the preservation and adaptive re-use of built
heritage;
g) promote energy efficiency and sound environmental design;
h) foster economic growth within designated areas;
i) promote intensification in targeted areas;
j)enhance the visual characteristics of neighbourhoods; and,
k) encourage local participation in funding programs.
F6.2 IMPLEMENTATION
Local municipal councils, under the Planning Act may choose to
designate Community Improvement Areas. Identifying a Community
Improvement Area shall be carried out through a by-law
designating the whole, or any part of the local municipality as a
Community Improvement Area. Background studies shall first be
completed and made available to the public outlining the need for
the Community Improvement Area.
Community Improvement Plans at the local municipal level shall be
submitted to the Ministry of Municipal Affairs and Housing for
review and comment.
CountyCouncil may make grants or loans to the council of a lower
tier municipality and the council of a lower tier municipality may
make grants or loans to County Council, for the purpose of carrying
out a community improvement plan that has come into effect, on
such terms as to security and otherwise as the council considers
appropriate.
F7 PUBLIC PARTICIPATION AND CONSULTATION
It is a policy of this Plan that public participation be an integral
component of any land use planning process. On this basis, before
making any planning decision, Council shall be satisfied that:
a) adequate public notice in accordance with the Planning Act
has been given;
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b) enough information to enable a person to reasonably
understand the nature of the proposal and its impacts is
available prior to any public meeting;
c) all public and agency comments have been assessed and
analyzed by staff; and,
d) their decision will appropriately balance the overall public
interest against the private interest expressed in the
application.
Proponents shall be encouraged to pre-consult with neighbouring
landowners to obtain their views before a formal application is
submitted.
The County will endeavour to consult with First Nations on
applications that will have the potential to infringe on aboriginal
treaty rights and aboriginal interests.
F8 COMPLETE APPLICATIONS
F8.1 OVERVIEW
a) This Official Plan is not a static document. Amendments to
this Plan are sometimes required, provided that the
Amendment conforms to the general intent, goals and
objectives of this Plan.
b) To ensure that Council can make an informed decision on
any Planning Act applications and in order to ensure that the
public understands the implications of the application,
technical studies are required.
c)ThePlanning Act, permits municipalities to set out what their
requirements are in the form of technical studies and plans
to support an application to amend the Official Plan and
approve a Plan of Subdivision or Plan of Condominium.
Once this required information has been submitted, the
application is then deemed to be “complete” in accordance
with the Planning Act, with this date being the date on which
the processing time frame in the Planning Act begins. In
addition, applicants cannot appeal a non-decision on their
application once the application is complete until the
processing time frames set out in the Planning Act have
elapsed.
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d) This section of the Official Plan is specifically intended to
implement Sections 22(5), and 51(18) of the Planning Act.
These Planning Act sections provide the basis for the
inclusion of policies on complete applications in Official
Plans. This section also implements Sections 22(3.1), and
51(16.1) of the Planning Act.
These latter sections set out the procedures to be followed when
applicants consult with the County before submitting an application
specified in this section of the Official Plan.
F8.2 MINIMUM SUBMISSIONS REQUIREMENTS
The following are the minimum submissions requirements for
Official Plan Amendment and Plan of Subdivision/Condominium
applications:
a) The minimum submission requirements for an Official Plan
Amendment in accordance with Section 22(4) of the
Planning Act are articulated in Schedule 1 of Ontario
Regulation 543/06.
b) The minimum submission requirements for a Plan of
Subdivision application as set out in Section 51(17) of the
Planning Act are articulated in Schedule 1 of Ontario
Regulation 544/06.
F8.3 SUPPLEMENTAL SUBMISSION REQUIREMENTS
a) This section lists the studies, plans or items required to
support an application for Official Plan Amendment and Plan
of Subdivision/Condominium. The determination of which
studies, plans or items are required shall be made at the pre-
consultation phase, as set out in Section F8.4. Regard
should also be had to Section F8.5, which provides some
flexibility to the County in the consideration of the types of
studies, plans or items required to support an application.
b) The following may be required to support an application for
Official Plan Amendment:
i) Land Use Planning Report;
ii) Market Impact Study;
iii) Urban Design Report;
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iv) Agricultural Impact Assessment;
v) Environmental Impact Study;
vi) Environmental Site Assessment;
vii) Master Servicing Plan;
viii) Stormwater Management Report;
ix) Servicing Study;
x) Traffic Impact Assessment;
xi) Archaeological Assessment;
xii) Cultural Heritage Impact Statement;
xiii) Land Use Compatibility Assessment;
xiv) Sub Watershed Study;
xv) Financial Impact Assessment;
xvi) Water Resource Management Report; and,
xvii) Any other studies required by the County which are
not reflected in the above list.
c) The following may be required to support an application for
Plan of Subdivision/Condominium:
i) Land Use Planning Report;
ii) Urban Design Plan;
iii) Agricultural Impact Assessment;
iv) Environmental Impact Study;
v) Stormwater Management Report;
vi) Servicing Study;
vii) Traffic Impact Assessment;
viii) Archaeological Assessment;
ix) Cultural Heritage Impact Statement;
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x) Environmental Site Assessment;
xi) Land Use Compatibility Assessment;
xii) Tree Preservation Study;
xiii) Water Resource Management Report; and,
xiv) Any of the studies required by the County which are
not reflected in the above list.
F8.4 PRE-CONSULTATION
a) Prior to the submission of an application for Official Plan
Amendment, or Plan of Subdivision/Condominium,
applicants are required to meet with the County, the local
municipality and relevant agencies to determine what
studies, plans and items are required to support an
application in accordance with this Section of the Official
Plan.
b) The details of the pre-consultation process are spelled out in
a by-law passed pursuant to Sections 22(3.1), and 51(16.1)
of the Planning Act. The intent of the pre-consultation
process is to determine the scale and scope of any required
study, plan or item with this scale and scope being
dependent on the size of the proposal, its relationship to
adjacent land uses and the type(s) of planning approval(s)
required.
F8.5 FLEXIBILITY
a) While it is the intent of the County to require the studies,
plans and items listed above in support of the applications
listed above, this section should not be interpreted as being
all-inclusive.
b) On this basis, the specific requirements for a particular
application may be modified depending on the scale of the
proposal, its location, its location in relation to other land
uses and whether the proposal implements other planning
approvals that may have been obtained prior to the
consideration of the specific application.
F8.6 QUALITY OF SUPPORTING STUDIES, PLAN OR ITEMS
All studies required by the County shall be carried out by qualified
professionals retained by and at the expense of the proponent.
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The County may require peer reviews of the studies by an
appropriate public agency or by a professional consultant retained
by the County at the proponent’s expense. Alternatively, studies
may be carried out by a qualified professional retained by the
County at the expense of the proponent.
F9MONITORING
The purpose of monitoring is to evaluate the effectiveness and
relevance of the Plan in meeting the County’s goals, objectives and
vision.Monitoring involves recording and appraising the
significance of events, trends and decisions in relation to the
policies of the Official Plan. Specific monitoring policies are
included throughout this Plan However, the County will also
develop indicators to assist with regular monitoring of this Plan.
As required, the County may also prepare quarterly and annual
briefings or status reports.To assist with monitoring and plan
review,the County in cooperation with local municipalities will
maintain an information system to allow for appropriate analysis of
the changes in the social, economic, environmental and
technological conditions in the County.
The number of draft approved and registered vacant lots in the
Municipality will be monitored through the development approvals
process.
F10 INTERPRETATION
F10.1 GENERAL
This Plan is a statement of policy. It is intended as a guide to
Council, however, some flexibility in interpretation may be permitted
provided that the general intent is maintained.
In accordance with the Planning Act, in the event of a conflict
between the County Official Plan and the Official Plan of a local
municipality, the County Plan prevails to the extent of the conflict.
F10.2 INTERPRETATION OF LAND USE DESIGNATION
BOUNDARIES
The boundaries between land uses designated on the Schedules to
this Plan are approximate except where they meet with roads,
railway lines, rivers, transmission lines, lot lines or other clearly
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definedphysical features and in these cases, are not open to
interpretation. Where the general intent of the document is
maintained, minor adjustments to boundaries will not require an
amendment to this Plan.
The boundaries of the settlement areas identified on Schedule A of
this Plan are representative of the boundaries as delineated in the
local Official Plans. As a result, the local Official Plans should be
consulted for accurate settlement area boundaries. Expansions to
settlement areas shall only occur in accordance with the policies of
this Plan.
It is recognized that the boundaries of the Environmental Area
Overlay may be imprecise and subject to change. The County shall
determine the extent of the environmental areas on a site-by-site
basis when considering development proposals, in consultation
with the appropriate agencies.
F10.3 ROAD LOCATIONS
The location of the roads as indicated on Schedule B shall be
considered as approximate. Amendments to this Plan will not be
required in order to make minor adjustments or deviations to the
locations of roads provided that the general intent of the Plan is
maintained.
F10.4 LEGISLATION
Where this Plan makes reference to a Provincial Act, an Ontario
Regulation, the minimum distance separationformulae or the
Provincial Policy Statement, such reference shall include any
subsequent amendments or replacements.
F10.5 ACCESSORY USES
Whenever a use is permitted in a land use designation, it is
intended that uses, buildings or structures normally incidental, and
accessory to that use are also permitted.
F10.6 OPERATIVE PARTS OF THE OFFICIAL PLAN
Part 2 and Sections A, B, C, D, E, F and Map Schedules A,B and C
constitute the Official Plan of the County of Elgin. If there is a
discrepancy between the schedules and the text, the text takes
precedence.
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APPENDIX ‘A’ - DEFINED TERMS
Adjacent Lands
Means those lands contiguous to a specific natural heritage feature or area
where it is likely that development orsite alteration would have a negative impact
on the feature or area.
AdverseEffects
Means, pursuant to the Environmental Protection Act one or more of:
a) impairment of the quality of the natural environment for any use that can
be made of it;
b) injury or damage to property or plant or animal life;
c) harm or material discomfort to any person;
d) an adverse effect on the health of any person;
e) impairment of the safety of any person;
f) rendering any property or plant or animal life unfit for human use;
g) loss of enjoyment or normal use of property; and,
h) interference with normal conduct of business.
Agricultural Use
Means the growing of crops, including nursery and horticultural crops; raising of
livestock; raising of other animals for food, fur or fibre, including poultry and fish;
aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-
farm buildings and structures, including accommodation for full-time farm labour
when the size and nature of the operation requires additional employment.
Airports
Means all Ontario airports, including designated lands for future airports, with
Noise Exposure Forecast/Noise Exposure Projection mapping.
Alternative Energy Systems
Means sources of energy or energy conversion processes that significantly
reduce the amount of harmful emissions to the environment (air, earth and water)
when compared to conventional energy systems
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Archaeological Resources
Means artifacts, archaeological sites and marine archaeological sites. The
identification and evaluation of such resources are based upon archaeological
fieldwork undertaken in accordance with the Ontario Heritage Act.
Areas of Archaeological Potential
Means areas with the likelihood to contain archaeological resources. Criteria for
determining archaeological potential are established by the Province, but
municipal approaches which achieve the same objectives may also be used.
Archaeological potential is confirmed through archaeological fieldwork
undertaken in accordance with the Ontario Heritage Act.
Area of Natural and Scientific Interest
Means an area of land and water containing natural landscapes or features that
has been identified as having earth or life science values related to protection,
scientific study or education.
Brownfield Sites
Means undeveloped or previously developed properties that may be
contaminated. These are usually, but not exclusively, former industrial or
commercial properties that may be underutilized, derelict or vacant.
Built Heritage Resources
Means an individual or group of significant buildings, structures, monuments,
installations, or remains, which are associated with architectural, cultural, social,
political, economic, or military history and identified as being important to a
community. These resources may be designated or subject to a conservation
easement under the Ontario Heritage Act, or listed by the federal or provincial
governments or the County.
Coastal Wetland
Means:
a)anywetlandthat is located on one of the Great Lakes or their connecting
channels (Lake St. Clair, St. Mary’s, St. Clair, Detroit, Niagara and St.
Lawrence Rivers); or,
b) any other wetland that is on a tributary to any of the above-specified
water bodies and lies, either wholly or in part, downstream of a line
located 2 kilometres upstream of the 1:100 year floodline (plus wave
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run-up) of the large water body to which the tributary is connected.
Compatible
Means the development or redevelopment of uses which may not necessarily be
the same as or similar to the existing development, but can coexist with the
surrounding area withoutnegative impact.
Comprehensive Review
Means:
a) for the purposes of Sections B2.8 and B2.7.1 of this Plan, an Official Plan
Review which is initiated by a planning authority, or an Official Plan
Amendment which is initiated or adopted by a planning authority, which:
i. is based on a review of population and growth projections and which
reflect projections and allocations by upper-tier municipalities and
provincial plans, where applicable; considers alternative directions for
growth; and determines how best to accommodate this growth while
protecting provincial interests;
ii. utilizes opportunities to accommodate projected growth through
intensificationandredevelopment;
iii. confirms that the lands to be developed do not comprise specialty
crop areas;
iv. is integrated with planning for infrastructure and public service
facilities; and,
v. considers cross-jurisdictional issues.
Conservation Authority
Means the Lower Thames Conservation Authority, the Kettle Creek Conservation
Authority, the Catfish Creek Conservation Authority or the Long Point Region
Conservation Authority.
Conserved
Means the identification, protection, use and/or management of cultural heritage
andarchaeological resources in such a way that their heritage values, attributes
and integrity are retained. This may be addressed through a conservation plan or
heritage impact assessment.
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Contaminated Sites
Means property or lands that have not been rehabilitated and for reasons of
public safety or environmental quality, are unsafe for use as a result of human
activities, particularly those activities that have left a chemical or radioactive
residue.
Council
Means the Municipal Council of the Corporation of the County of Elgin.
Cultural Heritage Landscape
Means a defined geographical area of heritage significance that has been
modified by human activities and is valued by a community. It involves a
grouping(s) of individual heritage features such as structures, spaces,
archaeological sites and natural elements, which together form a significant type
of heritage form, distinctive from that of its constituent elements or parts.
Deposits of Mineral Aggregate Resources
Means an area of identified mineral aggregate resources, as delineated in
Aggregate Resource Inventory Papers or comprehensive studies prepared using
evaluation procedures established by the Province for surficial and bedrock
resources, as amended from time to time, that has a sufficient quantity and
quality to warrant present or future extraction.
Designated and Available
Means lands designated in this Plan for urban and hamlet residential use.
Development
Means the creation of a new lot, a change in land use, or the construction of
buildings and structures, requiring approval under the Planning Act, but does not
include:
a) activities that create or maintain infrastructure authorized under an
environmental assessment process; and,
b) works subject to the Drainage Act.
Dynamic Beach Hazard
Means areas of inherently unstable accumulations of shoreline sediments along
theGreat Lakes - St. Lawrence River System andlarge inland lakes, as identified
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by provincial standards, as amended from time to time. The dynamic beach
hazard limit consists of the flooding hazard limit plus a dynamic beach allowance.
Ecological Function
Means the natural processes, products or services that living and non-living
environments provide or perform within or between species, ecosystems and
landscapes. These may include biological, physical and socio-economic
interactions.
Emergency Housing
Means emergency shelters or facilities that accommodate not less than three and
not more than ten residents, and provide temporary lodging, board, and/or
personal support services to homeless individuals in a 24-hour supervised
setting, for up to 30 days.
Employment Area
Means those areas designated in an official plan for clusters of business and
economic activities including, but not limited to, manufacturing, warehousing,
offices, and associated retail and ancillary facilities.
Endangered Species
Means a species that is listed or categorized an Endangered species on the
Ministry of Natural Resources’ official species at risk list, as updated and
amended from time to time.
Enhance
Means, as applied to the natural heritage/environmental policies of this Plan,
strengthening the components of a natural area through management measures
to increase stability, biodiversity and long-term viability.
Means, in other respects, to complement and strengthen the character of the
County, community, neighbourhood, site or structure.
Erosion Hazard
Means the loss of land, due to human or natural processes, that poses a threat to
life and property. The erosion hazard limit is determined using considerations
that include the 100 year erosion rate (the average annual rate of recession
extended over an one hundred year time span), an allowance for slope stability,
and an erosion/erosion access allowance.
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Estate Winery
Means a secondary use to a vineyard, where wines are produced and may
include storage, display, processing, hospitality room, administrative facilities,
andoutdoor patio area.
Farm Winery
Means a building or structure of part thereof, associated with agricultural use(s)
on the same farm lot, where wines are produced and may include storage,
display, processing, wine tasting, a tied house licensed by the Alcohol and
Gaming Commission of Ontario, and retail, administrative facilities and outdoor
patio area, but shall not include a restaurant, banquet facility, or on-site
commercial kitchen. Wine tasting and the offering or sale of locally grown
product samples is considered part of the farm winery activity.
Fish Habitat
,
As defined in theFisheries Act, C. F-14means spawning grounds and nursery,
rearing, food supply, and migration areas on which fish depend directly or
indirectly in order to carry out their life processes.
Floodplain
Forriver stream, and small inland lake systems,means the area, usually low
lands adjoining a watercourse, which has been or may be subject to flooding
hazards.
FloodingHazard
Means the inundation, under the conditions specified below, of areas adjacent to
a shoreline or a river or stream system and not ordinarily covered by water:
a) Along the shorelines of the Great Lakes - St. Lawrence River System
and large inland lakes, the flooding hazard limit is based on the one
hundred year flood level plus an allowance for wave uprush and other
water-related hazards;
b) Along river, stream and small inland lake systems, theflooding hazard
limit is the greater of:
i. the flood resulting from the rainfall actually experienced during a
major storm such as the Hurricane Hazel storm (1954) or the
Timmins storm (1961), transposed over a specific watershed and
combined withthe local conditions, where evidence suggests that
the storm event could have potentially occurred over watersheds in
the general area;
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ii. the one hundred year flood; and
iii. a flood which is greater than 1. or 2. which was actually
experienced in a particular watershed or portion thereof as a result
of ice jams and which has been approved as the standard for that
specific area by the Minister of Natural Resources; where the use
of the one hundred year flood or the actually experienced event has
been approved by the Minister of Natural Resources as the
standard for a specific watershed (where the past history of flooding
supports the lowering of the standard).
Groundwater Features
Refers to water-related features in the earth’s subsurface, including
recharge/discharge areas, water tables, unsaturated zones that can be defined
by surface and subsurface hydrogeologic investigations.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally
occurring processes. Along the shorelines of the Great Lakes - St. Lawrence
River System, this means the land, including that covered by water, between the
international boundary, where applicable, and the furthest landward limit of the
flooding hazard,erosion hazard or dynamic beach hazard limits. Along the
shorelines of large inland lakes, this means the land, including that covered by
water, between a defined offshore distance or depth and the furthest landward
limit of the flooding hazard,erosion hazard or dynamic beach hazard limits.
Along river, stream and small inland lake systems, this means the land, including
that covered by water, to the furthest landward limit of the flooding hazard or
erosion hazard limits.
Hazardous Substances
Means substances which, individually, or in combination with other substances,
are normally considered to pose a danger to public health, safety and the
environment. These substances generally include a wide array of materials that
are toxic, ignitable, corrosive, reactive, radioactive or pathological.
Heritage Attributes
Means the principal features, characteristics, context and appearance that
contribute to the cultural heritage significance of a protected heritage property.
Heritage Conservation District
Means an area defined by the County to be of unique character to be conserved
through a designation By-law pursuant to Part V of the Ontario Heritage Act.
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Home Industry
Means a small-scale industrial use, including, but not limited to a carpentry, metal
working, welding or electrical shop that provides services or wares to the rural
community and which is an accessory use to an agricultural use or a single
detached dwelling. For the purpose of this Official Plan, the sale, storage or
repairof non-farm motor vehicles, mobile homes and/or trailers as well as a paint
shop are not considered a home industry. The policies of each local Official Plan
shall further detail the types of uses permitted or prohibited as part of a home
industry.
Home Occupation
Means an occupation that provides a service as an accessory use within a
dwelling unit performed by one or more of its residents. Such activities may
include services performed by an accountant, architect, auditor, dentist, medical
practitioner, engineer, insurance agent, land surveyor, lawyer, realtor, planner,
hairdresser or a provider of private home daycare.
Hydrological Functions
Means the functions of the hydrological cycle that include the occurrence,
circulation, distribution, and chemical and physical properties of water on the
surface of the land, in the soil and underlying rocks, and in the atmosphere, and
water’s interaction with the environment including its relation to living things.
Infrastructure
Means physical structures that form the foundation for development.
Infrastructure includes sewage and water works, waste management systems,
electric power generation and transmission,
communications/telecommunications, transit and transportation corridors and
facilities, oil and gas pipelines and associated facilities.
Institutional Use
Means a use that caters to the social, educational and/or religious needs of
humans.
Intensification
Means the development of a property, site or area at a higher density than
currently exists through:
a)redevelopment, including the reuse of brownfield sites;
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b)thedevelopment of vacant and/or underutilized lots within previously
developed areas;
c)infilldevelopment; and,
d) the expansion or conversion of existing buildings.
Legal or TechnicalReasons:
For the purposes of Section C1.2.2.4 of this Plan, means severances for
purposes such as easements, corrections of deeds, quit claims, and minor
boundary adjustments, which do not result in the creation of a new lot.
Low and Moderate Income Households
Means:
a) in the case of ownership housing, households with incomes in the lowest
60 percent of the income distribution for the regional market area; or,
b) in the case of rental housing, households with incomes in the lowest 60
percent of the income distribution for renter households for the regional
market area.
Mineral Aggregate Operation
Means:
a) lands under license or permit, other than for wayside pits and quarries,
issued in accordance with the Aggregate Resource Act, or successors
thereto; and,
b) associated facilities use in extraction, transport, beneficiation, processing
or recycling of mineral aggregate resources and derived products such as
asphalt and concrete, or the production of secondary related products.
Mineral Aggregate Resources
Means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone,
marble, granite, rock or other material prescribed under the Aggregate
Resources Act suitable for construction, industrial, manufacturing and
maintenance purposes but does not include metallic ores, asbestos, graphite,
granite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other
material prescribed under the Mining Act.
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Minimum Distance Separation (MDS) Formulae
Means formulae and associated guidelines developed by the Province to
separate uses so as to reduce incompatibility concerns about odour from
livestock facilities.
Natural Heritage Features and Areas
Means features and areas, including significantwetlands,fish habitat,significant
woodlands,significant valleylands, significant habitat of endangered species and
threatened species,significantwildlife habitat, and significant areas of natural
and scientific interest that are important for their environmental and social values
as a legacy of the natural landscapes of an area.
Natural Heritage System
Means a system made up of natural heritage features and areas, linked by
natural corridors which are necessary to maintain biological and geological
diversity, natural functions, viable populations of indigenous species and
ecosystems. These systems can include lands that have been restored and
areas with the potential to be restored to a natural state.
Negative Impact
Means:
a) in regard to Section D2 degradation to the quality and quantity of water,
sensitive surface water features andsensitive ground water features, and
their related hydrologic functions, due to single, multiple or successive
development or site alteration activities;
b) in regard to fish habitat, the harmful alteration, disruption or destruction of
fish habitat, except where, in conjunction with the appropriate authorities,
it has been authorized under theFisheries Act, using the guiding principle
of no net loss of productive capacity; and,
c) in regard to other natural heritage features and areas in Section D1
degradation that threatens the health and integrity of the natural features
orecological functions for which an area is identified due to single,
multiple or successive development or site alteration activities.
Normal Farm Practices
Means a practice, as defined in the Farming and Food Production Protection Act,
1998, that is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar agricultural
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operations under similar circumstances; or makes use of innovative technology in
a manner consistent with proper advanced farm management practices. Normal
farm practices shall be consistent with the Nutrient Management Act, 2002 and
regulations made under that Act.
Partial Services
Means:
a) municipal sewage services or private communal sewage services and
individual on-site water services; or
b) municipal water services or private communal water services and
individual on-site sewage services.
Petroleum Resources
Means oil, gas, and brine resources which have been identified through
exploration and verified by preliminary drilling or other forms of investigation. This
may include sites of former operations where resources are still present or former
sites that may be converted to underground storage for natural gas or other
hydrocarbons.
Portable Asphalt Plant
Means a facility:
a) with equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process; and,
b) which is not of permanent construction, but which is to be dismantled at
the completion of the construction project.
Portable Concrete Plant
Means a building or structure:
a) with equipment designed to mix cementing materials, aggregate, water
and admixtures to produce concrete, and includes stockpiling and storage
of bulk materials used in the process; and,
b) which is not of permanent construction, but which is designed to be
dismantled at thecompletion of the construction project.
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Prime Agricultural Area
Means an area where prime agricultural land predominates. This includes: areas
ofprime agricultural lands and associated Canada Land Inventory Class 4-7
soils; and additional areas where there is a local concentration of farms which
exhibit characteristics of on-going agriculture.
Prime Agricultural Land
Means land that includes specialty crop lands and/or Canada Land Inventory
Classes 1, 2 and 3 soils, in this order for priority protection.
Protected Heritage Property
Means designated real property and heritage conservation easement property
under the Ontario Heritage Act and property that is subject to a covenant or
agreement between the property owner and a conservation body or level of
government, registered on title, with the primary purpose of conserving a cultural
heritage resource or preventing its destruction, demolition or loss.
Public Service Facilities
Means land, buildings and structures for the provision of programs and services
provided or subsidized by a government or other body, such as social
assistance, recreation, police and fire protection, health and educational
programs, and cultural services. Public service facilities do not include
infrastructure.
Redevelopment
Means the creation of new units, uses or lots on previously developed land in
existing communities, including brownfield sites.
Reserve SewageSystem Capacity
Means design or planned capacity in a centralized waste water treatment facility
which is not yet committedto existing or approved development.Reserve
capacity for private communal sewage services and individual on-site sewage
services is considered sufficient if the hauled sewage from the development can
be treated or disposed of at sites approved under the Environmental Protection
Act or the Ontario Water Resources Act, but not by land-applying untreated,
hauled sewage.
Reserve Water System Capacity
Means design or planned capacity in a centralized water treatment facility
which is not yet committed to existing or approved development.
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Residential Intensification
Meansintensification of a property, site or area which results in a net increase
in residential units or accommodation and includes:
a) redevelopment, including the redevelopment ofbrownfield sites;
b)thedevelopment of vacant or underutilized lots within previously
developed areas;
c)infilldevelopment;
d) the conversion or expansion of existing industrial, commercial and
institutional buildings for residential use; and,
e) the conversion or expansion of existing residential buildings to create
new residential units or accommodation, including accessory
apartments, secondary suites and rooming houses.
Secondary Uses
Means uses secondary to the principal use of the property, including, but not
limited to,home occupations,home industries and uses that produce value-
added agricultural products from the farm operation on the property.
Sensitive Land Use
Means buildings or structures or parts thereof, amenity areas or outdoor spaces
where routine or normal activities occurring at reasonably expected times would
experience one or more adverse effects from contaminant discharges generated
by a major nearby facility. Sensitive land uses may be part of the natural or built
environment. Examples include residences, day nurseries and educational and
health facilities.
Settlement areas
Means urban areas and rural settlement areas within Municipalities (such as
cities, towns, villages and hamlets) that are:
a) built up areas where development is concentrated and which have a mix
of land uses; and,
b) lands which have been designated in an Official Plan for development
over the long term planning horizon provided for in this Plan. In cases
where land in designated growth areasis not available, the settlement
areamaybe no larger than the area where development is concentrated.
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Significant
Means:
a) in regard to wetlands,Coastal Wetlands and areas of natural and scientific
interest, an area identified as provincially significant by the Ontario
Ministry of Natural Resources using evaluation procedures established by
the Province, as amended from time to time;
b) in regard to the habitat of endangered species and threatened species,
means the habitat, as approved by the Ontario Ministry of Natural
Resources, that is necessary for the maintenance, survival, and/or the
recovery of naturally occurring or reintroduced populations of endangered
andthreatened species, and where those areas of occurrence are
occupied or habitually occupied by the species during all or any part(s) of
its life cycle;
c) in regard to woodlands, an area which is ecologically important in terms of
features such as species composition, age of trees and stand history;
functionally important due to its contribution to the broader landscape
because of its location, size or due to the amount of forest cover in the
planning area; or economically important due to site quality, species
composition, or past management history;
d) in regard to other features and areas identified in Section B1.4.2.5 of this
Plan, excluding woodlands, ecologically important in terms of features,
functions, representation or amount, and contributing to the quality and
diversity of an identifiable geographic area or natural heritage system.
Criteria for determining significance may be recommended by the
Province, but municipal approaches that achieve the same objective may
also be used;
e) in regard to cultural heritage and archaeology, resources that are valued
for the important contribution they make to our understanding of the
history of a place, an event, or a people; and,
f) in regard to other matters, important in terms of amount, content,
representation or effect.
Site Alteration
Means activities, such as the placement of fill, grading and excavation that would
change the landform and natural vegetative characteristics of a site.
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Special Needs
Means any housing, including dedicated facilities, in whole or in part, that is used
by people who have specific needs beyond economic needs, including but not
limited to, needs such as mobility requirements or support functions required for
daily living. Examples of special needs housing may include, but are not limited
to, housing for persons with disabilities such as physical, sensory or mental
health disabilities, and housing for the elderly.
Specialty Crop Area
Means areas designated using evaluation procedures established by the
province, as amended from time to time, where specialty crops such as tender
fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops,
greenhouse crops, and crops from agriculturally developed organic soil lands are
predominantly grown, usually resulting from:
a) soils that have suitability to produce specialty crops, or lands that are
subject to special climatic conditions, or a combination of both; and/or,
b) a combination of farmers skilled in the production of specialty crops, and
of capital investment in related facilities and services to produce, store, or
process specialty crops.
Surface Water Feature
Means water-related features on the earth’s surface including headwaters, rivers,
stream channels, inland lakes, seepage areas recharge/discharge areas,
springs,wetlands, and associated riparian lands that can be defined by their soil
moisture, soil type, vegetation topographic characteristics.
Threatened Species
Means a species that is listed or categorized as a Threatened species on the
Ontario Ministry of Natural Resources’ official species at risk list, as updated and
amended from time to time.
Valleylands
Means a natural area that occurs in a valley or other landform depression that
has water flowing through or standing for some period of the year.
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Wayside Pit or Quarry
Means a temporary pit or quarry opened and used by or for a public authority
solely for purpose of a particular project or contract of road construction and
which is not located within the right-of-way of a public street.
Wetland
Means lands that are seasonally or permanently covered by shallow water, as
well as lands where the water table is close to or at the surface. In either case
the presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic plants or water tolerant plants. The
four major types of wetlands are swamps, marshes, bogs and fens.
Wildlife Habitat
Means areas where plants, animals and other organisms live and find adequate
amounts of food, water, shelter and space to sustain their populations. Specific
wildlife habitats of concern, may include areas where a species concentrate at a
vulnerable point in their annual or life cycle and an area that is important to a
migratory or non-migratory species.
Woodlands
Means treed areas that provide environmental and economic benefits to both the
private landowner and the general public, such as erosion prevention,
hydrological and nutrient cycling, provision of clean air and the long-term storage
of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the
sustainable harvest of a wide range of woodland products. Woodlandsinclude
treed areas, woodlots or forested areas and vary in their level of significance at
the local, regional and provincial levels.
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APPENDIX ‘B’ – CONTENTS OF AN ENVIRONMENTAL
IMPACT STUDY
The determination of the scope and content of an Environmental Impact
Study (EIS) shall be in general accordance with the guidelines set out in
this appendix and be agreed to in advance with the appropriate agencies
and shall be scoped as required.
The area under study shall generally include the lands that are subject of
the application and any lands that may be subject to impacts from the
proposeddevelopment. Once agreement on the scope of the EIS is
determined, all or some of the items below may need to be carried out:
a) a description of the proposed undertaking;
b) a three season survey of trees, shrubs and herbaceous vegetation
on-site and classification of community types using criteria as
standardized by the Ecological Land Classification for Southern
Ontario (Lee, et al., 1998);
c) a three season survey of bird, mammal and reptile and amphibian
species and an assessment of potential wildlife species based on
available habitat types with the bird survey being undertaken during
the peak period for migratory and breeding bird activity (i.e. May and
June of the field season);
d) a list, based on the above mentioned inventories, of any vegetation
or wildlife species observed and reported on-site that are designated
rare, threatened or endangered by a government agency;
e) a description of the location and characteristics of all wetlands, all
permanent and intermittent watercourses or waterbodies and the
associated quality and type of aquatic or fish habitat (e.g., cold /
warm water) including observed and recorded fish species present
with reference to fish sampling data or benthic/invertebrate studies
should accompany the field data on watercourses/fisheries. This
may include preparation of an updated wetland evaluation in
accordance with the Ministry of Natural Resources classification
system;
f) an overview of site geology, topography and soil types, including
data obtained from hand-augered holes or test pits;
g) an overview of site hydrology describing recharge and discharge
areas, and characteristics of existing or new wells;
h) a discussion of existing and proposed sources of potential
contamination (e.g. gas stations, machinery repair
i) operations, etc.);
j) a description of ecological functions and interrelationships (e.g.,
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ground water discharge maintaining a cold water trout stream, wildlife
passage corridors, provision of habitat for rare species, vegetation of
steeply – sloped lands that function to prevent erosion, etc.);
k) how the proposed use affects the possibility of linking components of
thenatural heritage system by natural corridors that may or may not
be identified on the schedules to this Plan; and,
l) a Management Plan (MP) identifying how the adverse effects will be
avoided over the construction period and the life of the undertaking
and how environmental features and functions will be enhanced
where appropriate and describing the net effect of the undertaking
after implementation of the MP. The MP shall also establish the
limits of buffers and setbacks adjacent to watercourses, waterbodies,
valleys,wetlands and vegetation to protect the natural feature and its
attributes and/or function from the effects of development.
As required, an EIS should also include mapping to illustrate the proposed
development in relation to natural heritage features and areas.
Description of Changes
Any EIS shall describe what changes the proposed development and/or
site alteration will have on the following, if applicable:
a) ground and surface water recharge and discharge;
b) predicted ground water use and potential for interference with nearby
wells (e.g., well yield, water quality);
c) ground water quality or quantity as it affects the natural environment
(e.g. discharge to surface, aquifer conditions);
d) surface water quality and quantity(e.g., sedimentation, temperature,
flow volume);
e) terrestrial wildlife habitat quantity or quality (e.g., loss of deer
wintering yards, cover for wildlife movement, increased potential for
bank erosion);
f) aquatic or fish habitat quantity or quality (e.g., water warming from
removal of streambank vegetation, potential for destruction or
alteration of a fisheries resource);
g) wildlife movement corridors;
h)theecological function of the natural environmental features;
i) noise and traffic levels and their impacts on wildlife as compared to
existing conditions (e.g., truck traffic from excavation activities);
j)the potential for fragmentation or isolation of portions of a significant
natural heritage feature or breakage of an identified linkage as a
result of the proposed change in land use;
k) the potential for off-site discharge of materials (e.g., storm water
runoff, effluent, odours. air emissions) as a result of the proposed
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development;
l) erosion potential from grading and construction techniques and
proposed mitigation measures for steep slopes or unstable soils;
m) the compatibility of the proposed land use with surrounding land uses
within the Greenlands system and/or associated linkages;
n) flooding or changes in storm water retention capabilities as a result
of the proposed land use or changes to flood attenuation capabilities
of lands in the area; and,
o) the duration of the effects, the size of the area affected, the
sensitivity of the feature to change and any loss of ecological
functions either within the area proposed for development.
In addition to the above, the EIS shall describe the positive impacts or
enhancements that may occur as a result of mitigation.
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COUNTY OF ELGIN
By-Law No. 12-18
“BEING A BY-LAW TO AUTHORIZE AN AGREEMENT WITH THE COUNTY OF
MIDDLESEX FOR THE DELIVERY OF TREE COMMISSIONER AND WEED
INSPECTOR RESPONSIBILITIES BY A TEMPORARY OFFICER”
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act; and
WHEREAS the Council of the Corporation of Elgin has in accordance with Section
135(1) of the Municipal Act, 2001, c. 25, as amended approved a by-law regulating the
destruction or injury of trees; and
WHEREAS the Council of the Corporation of the County of Elgin deems it advisable
to enter into a memorandum of agreement with the Corporation of the County of Middlesex
which will outline conditions under which temporary cooperative services of the Tree
Commissioner and Weed Inspector’s responsibilities may be undertaken;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts as follows:
1. THAT the Warden and Chief Administrative Officer are authorized to sign an
agreement with the Corporation of the County of Middlesex outlining the terms and
conditions under which the reciprocal responsibilities of the Temporary Tree Commissioner
and Weed Inspector will be delivered.
2. THAT this by-law shall become effective immediately.
th
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF
JULY 2012.
Mark McDonald, Bill Walters,
Chief Administrative Officer Warden.
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COUNTY OF ELGIN
By-Law No. 12-19
"BEING A BY-LAW TO ADOPT A CODE OF CONDUCT POLICY
FOR COUNCIL TO PROMOTE ACCOUNTABILITY AND TRANSPARENCY
IN MUNICIPAL GOVERNANCE”
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act; and
WHEREAS Part V.1, Accountability and Transparency, Section 223.2(1) of the
Municipal Act, 2001, c. 25, as amended authorizes a Municipality to establish codes of
conduct for members of council of the Municipality and of local boards of the Municipality;
and
WHEREAS the Council of the Corporation of the County of Elgin deems it expedient
to adopt a Code of Conduct Policy that reflects the required ethical and legal requirements
for all members of Council of the Municipality and of local boards of the Municipality for all
deliveries of services;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts a Code of Conduct for Council, attached as
Schedule “A” as follows:
1. THAT in the event that section or sections of this by-law thereof are found by
a Court of competent jurisdiction to be invalid or ultra virus, such section, sections
or parts thereof shall be deemed to be severable, with all other sections or parts of
this by-law remaining in the full force and effect.
2. THAT this by-law shall take effect upon its adoption.
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READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF
JULY 2012.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer. Warden.
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COUNTY OF ELGIN
By-Law No. 12-20
“BEING A BY- LAW TO APPOINT JGM CONSULTING AS THE
INTEGRITY COMMISSIONER FOR THE COUNTY OF ELGIN PURSUANT TO
SECTIONS 9, 10, 11 AND 223.3 OF THE MUNICIPAL ACT, 2001, S.O. 2001, C.25,
AS AMENDED”
WHEREAS effective January 1, 2008, Section 223.3 of the Municipal Act, 2001,
as amended, (the Act) authorizes a municipal council to appoint an Integrity Commissioner
who is responsible for performing in an independent manner functions related to the Code
of Conduct of members of council and local boards; and
WHEREAS such services shall be undertaken by an Integrity Commissioner
appointed by the County, pursuant to Sections 9, 10, 11 and 223.3 of the Act; and
WHEREAS the County deems it advisable to appoint JGM Consulting (John G.
Maddox, principal) as Integrity Commissioner to perform the services as referred to above;
and
WHEREAS JGM Consulting has expressed interest in providing services to the
County and its constituent municipalities acting as Integrity Commissioner on the terms
and conditions as agreed from time to time and under written agreement in the form and of
the content attached as Schedule “A” hereto;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin hereby enacts as follows:
1. THAT, subject to execution of the agreement attached as Schedule “A” hereto, JGM
Consulting is hereby appointed as Integrity Commissioner for the County of Elgin to
perform those functions set forth in Section 223.3 through 223.6 of the Municipal Act, 2001
(Ontario) including but unlimited to:
a) Advice as to the application of the Code of Conduct and any related procedures,
rules, and policies governing the ethical behavior of members of council and local boards;
b) Conducting inquiries in respect of any requests alleging contravention of the
Code of Conduct and/or any other procedures, rule or policy governing the ethical behavior
of members of council and local boards; and
c) Reporting to council for the Corporation of the County of Elgin as to activities as
Integrity Commissioner, including but not limited to reports as to the results of any inquiry
into alleged contravention and/or an annual report of activities as Integrity Commissioner.
2. THAT this by-law shall come into force and take effect on September 1, 2012.
TH
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF
JULY 2012.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer. Warden.
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THIS AGREEMENT made as of the day of .
CORPORATION OF THE COUNTY OF ELGIN
BETWEEN:
(Hereinafter referred to as “Elgin”)
OF THE FIRST PART
AND:
JOHN G. MADDOX, carrying on business as JGM CONSULTING
(Hereinafter referred to as the “JGM”)
OF THE SECOND PART
(C
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Advisory:
(1) upon proper request, provide written and/or verbal advice to
individual members of Council respecting the application of the Code of Conduct
and/or any other procedures, rules, and policies relating to and reflecting upon their
ethical behavior, including but not limited to general interpretation of the Municipal
Conflict of Interest Act (Ontario); and furthermore and when appropriate, providing
the full Council with specific and general opinions and advice respecting compliance
by elected officials in respect of the provisions of governing statues the Code of
Conduct and any other applicable procedures, rules, and policies.
Compliance Investigation/Determinations
(2): upon proper request from a
member of Council or local board, municipal administration or one or more
members of the public, to conduct an inquiry and make a determination as to any
alleged contravention of the Code of Conduct or applicable procedures, rules, and
policies by a member of Council or local board and, thereafter, to report the details
and results of such inquiry to municipal Council.
Educational
(3): provide the Chief Administrative Officer or as directed with an
annual report of activities during the previous calendar year as Integrity
Commissioner, including but not necessarily limited to advice given to Council or
individual members of Council and a summary of inquiry results and determinations;
furthermore, provide outreach programs to members of Council and local boards
and relevant staff on legislation, protocols, and office procedures emphasizing the
importance of compliance with a Code of Conduct for public confidence in Municipal
Government; and, furthermore, dissemination of information available to the public
on the website operated by Elgin.
Notwithstanding that set forth above, the parties acknowledge and agree that the
function of the Integrity Commissioner is to provide advice and opinion to Council
and members thereof, to provide independent complaint prevention, investigation,
adjudication, and resolution to members of Council and the public, and education
respecting adherence with the Code of Conduct for members of Council and other
procedures, rules, and policies governing ethical behavior.
The parties hereto also acknowledge and agree the JGM, as Integrity
Commissioner, will perform services, and in particular those services relating to
advisory and educational duties, in a manner so as to avoid duplicated advice,
opinion, and cost in respect of identical requests and inquiries – for example, the
Integrity Commissioner shall decline to provide individualized advice and opinion to
more than one member of Council or a local board on identical issues but should
choose to provide general advice to Council or such local board as a whole to
answer all such inquiries. In addition, it is recognized that JGM, as Integrity
Commissioner, will likely receive requests for advice on matters involving
compliance with the Municipal Conflict of Interest Act (the “MCIA”) – while the
Integrity Commissioner may provide general interpretation of the MCIA, it is
expected that individual members of Council or local boards will seek independent
legal advice on a specific question of individual compliance with such legislation.
Prior to the commencement date of this agreement, Elgin
shall pay to JGM the sum of ONE THOUSAND FIVE HUNDRED DOLLARS
($1,500.00) as an annual retainer for appointment as Integrity Commissioner for
the County of Elgin. In addition and prior to the commencement date of any
such agreement with a member municipality, Elgin shall also pay to JGM the
sum of FIVE HUNDRED DOLLARS ($500.00) as an annual retainer for the
appointment as Integrity Commissioner for each of the members municipalities
identified in Schedule “A” hereto.
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JGM will be paid a fee of ONE HUNDRED DOLLARS PER
HOUR ($100.00/hour), plus applicable taxes, for time devoted to services as
Integrity Commissioner for Elgin and, where applicable following appointment,
for each of the member municipalities identified in Schedule “A” hereto;
provided that JGM will charge such hourly rate only for time actively devoted to
the duties described in Section 3 above. For purposes of clarity, JGM shall not
charge Elgin or, where applicable, any member municipality, for travel time.
Expenses – Upon presentation of receipts, JGM will be entitled to
reimbursement of expenses incurred in relation to performance of duties
contemplated by this agreement, including but not limited to food and hotel
costs, car rental, railway transportation, and/or fuel charges, all at the
respective municipal rates then in affect.
d)Legal Advice/Fees – The parties agree that, when necessary, JGM may
arrange for and receive legal assistance and advice to properly perform the
duties contemplated by this agreement. The parties agree that, as a direct
cost and not as a reimbursable expense, Elgin shall pay the cost of such legal
assistance and advice.
e)Invoicing– JGM agrees the hourly fees and related expenses for which
reimbursement will be sought and as referred to above shall be charged and
invoiced to the municipal corporation from which the request originated and to
whom the service was provided. For purposes of clarity, JGM shall charge
hourly rates and reimbursable expenses to Elgin only for those requests for
services as originating from the Corporation of the County of Elgin.
Notwithstanding the joint retainer as referred to above, JGM shall not hold Elgin
or, where applicable, any other member municipality responsible for the costs
of services rendered or expenses incurred save and except for those relating to
requests originating in Elgin or any such identified member municipality.
f)Payment without deduction– The parties hereto agree that invoices rendered
by JGM and payments by Elgin shall be without deduction, specifically for any
contributions imposed or required by law for employment insurance, health
costs, social insurance, income tax, workers compensation, or mandatory
pension. Elgin assumes no obligation or liability as between the parties hereto
to deduct or remit any statutory or government remittances.
6.Delegation In the event that more than one request or complaint is made at any
one time and requiring the rendering of more than one service, including more than
one investigation, JGM may determine it necessary to delegate some or all of the
powers and duties reflected above and JGM is authorized to arrange for and effect
such delegation in writing; provided that such delegation shall not be made to a
member of Council and provided further that the person, body, or agency to whom
such delegation is made agrees in writing to be governed by the terms of this
agreement. The person, body, or agency to whom such delegation shall be made
shall be under the supervision and direction of JGM. The aforenoted delegation
shall not result in any increased expense to Elgin. JGM shall prepare and render an
invoice to Elgin which accounts for the costs of the delegatee and JGM shall be
responsible for the fees and disbursements of such delegatee.
– Elgin agrees to indemnify and save harmless JGM, its agents
and assigns, from and against any and all liabilities, losses, suits, claims, demands,
damages, expenses, costs (including all legal costs), fines and actions of any kind
289
or nature whatsoever arising out of or in connection with the provision of services
and carrying out of duties as contemplated hereunder, including but not necessary
limited to any alleged breach of this agreement, any procedural defect, or any
breach of relevant statutory provisions.
10.Early Termination – The within agreement may be terminated by either party at the
end of any calendar year, save and except for the calendar year 2012, by delivery
st
of a written notice of such early termination delivered on or before December 1 of
any such calendar year during the term of this agreement.
11.Notice – Any notice required pursuant to this agreement shall be delivered to the
respective parties hereto at the following addresses:
For Elgin – County of Elgin, 450 Sunset Drive, St. Thomas, ON, N5R 5V1
For JGM – JGM Consulting, #42 - 99 Edgevalley Rd., London, ON, N5Y 5N1
Any written notice between the parties hereto which specifically excludes any
invoice rendered herein, shall be delivered or sent by pre-paid registered mail
addressed to the parties at the respective addresses listed above. Notice shall be
deemed to have been received on the date on which notice was delivered to the
addresses designated or, in the case of mailing, on the fifth day after the date of
mailing.
12.Severability – All paragraphs, terms, and conditions of this agreement are severable
and the invalidity, illegality or unenforceability of any such paragraph, term, or
condition shall be deemed not to affect the validity, legality, or enforceability of the
remaining paragraphs, terms and conditions.
13.Complete Agreement – This agreement, including any schedule hereto, constitutes
the entire agreement between the parties and supersedes all prior agreements,
negotiations and discussions, whether oral or written, with respect to the subject
matter of this agreement.
14.Enurement– This agreement shall enure to the benefit of and is binding upon the
parties hereto and their respective successors and permitted assigns.
IN WITNESS WHEREOF the parties are to have caused the agreement to be signed and
sealed and/or executed by their respective officers which are duly authorized as of the
date first written above.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE COUNTY OF ELGIN
IN THE PRESENCE OF:
____________________________________
Per:
Bill Walters, Warden
Per: ____________________________________
Mark G. McDonald, Chief Administrative Officer
We have authority to bind the Company
_____________________________________
John G. Maddox
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COUNTY OF ELGIN
By-Law No. 12-21
“BEING A BY LAW TO APPROVE A COMPLAINT FORM FOR MUNICIPAL
INVESTIGATION OF CODE OF CONDUCT BY AN INTEGRITY COMMISSIONER
PURSUANT TO SECTION 223.3 OF THE MUNICIPAL ACT, 2001, S.O. 2001, C.25,
AS AMENDED”
WHEREAS County Council has revised its Code of Conduct and appointed an
Integrity Commissioner who is responsible for performing in an independent manner
functions related to the Code of Conduct of members of Council and local boards; and
WHEREAS Section 391.(3) and (4) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to impose a fee or charge including costs incurred by
the municipality related administration; and
WHEREAS it is deemed appropriate to develop a standard complaint form to be
used for said investigations;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin hereby enacts as follows:
1. THAT every request for an investigation shall be initiated through the submission of
a Municipal Investigation Code of Conduct Complaint Form in the form attached as
Schedule “A” hereto and forming part of this by-law.
2. THAT this by-law shall come into force and take effect on September 1, 2012.
TH
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF
JULY 2012.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer. Warden.
292
CF
OMPLAINTORM
MUNICIPAL INVESTIGATION OF CODE OF CONDUCT
by
Integrity Commissioner
I
N ACCORDANCE WITH
Municipal Act 2001
Section 223.3 of the
(As Amended)
A FEE OF $25.00 MUST ACCOMPANY THIS FORM PRIOR TO BEING PROCESSED.
P:
LEASE FORWARD COMPLETED FORMS TO
John Maddox
JGM CONSULTING
#42 – 99 Edgevalley Road
London, Ontario N5Y 5N1
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POLICY FOR CODE OF CONDUCT INVESTIGATIONS
Policy Statement
The County of Elgin (the municipality) is committed to ensuring that a request for an
investigation under Section 223.3 of the Municipal Act, 2001 as amended (the Act) is dealt
with in a fair, open and expeditious manner.
The municipality commits to full co-operation including the provision of all information
requested by the Integrity Commission (the Investigator), either written or through
interviews, to assist the Investigator in his investigations.
This policy shall be posted on the municipal website and available from the Chief
Administrative Officer's Office (the Clerk), 450 Sunset Drive, St. Thomas, ON, N5R 5V1 or
by contacting the Administrative Services Department at 519-631-1460 or through e-mail
to mpayler@elgin-county.on.ca
This policy applies to all appointed Boards as defined in the Municipal Act.
Background:
Through By-Law No. 12-20 the municipality has appointed Mr. John Maddox as a
Municipal Integrity Commissioner and authorized him to conduct investigations upon
receipt of a complaint in respect of complaints regarding the County of Elgin’s Code of
Conduct. (see Appendix 2 for Duties of Integrity Commissioner)
Complaints Procedures: (see Appendix 3 for Complaint Protocol)
Individuals are encouraged to speak directly with the individual regarding a Complaint in
order to resolve any concerns prior to beginning the formal complaint process. (see
Appendix 1 for Informal Complaint Procedure)
Individuals may submit complaints to the Investigator relating to compliance with the Code.
All complaints will be treated as confidential, unless authorization is given by the
complainant to release his or her identity.
Every request for an investigation shall be initiated through the submission of the
"Municipal Investigation Complaint Form" ("Complaint Form") provided. The said
Complaint Form shall be made available to the public through the Clerk's Office or can be
downloaded from the County website at www.elgin-county.on.ca. Completed Complaint
Forms will not be accepted by facsimile, e-mail or other electronic means.
A completed Complaint Form shall be submitted to either the Clerk's Office or directly to the
Integrity Commissioner and shall be accompanied by payment of an administrative/
processing fee of $25.00, payable in cash or bank draft to the Corporation of the County of
Elgin, in accordance with the following:
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By delivery to the Clerk in a sealed envelope clearly identified as a Complaint
under Section 223.3 of the Municipal Act (Code of Conduct Complaint)
or
By mail directly to: John Maddox, Municipal Closed Meeting Investigator
99 Edgevalley Road, Unit #42
London, Ontario
N5Y 5Nl
Inquiries only
may be submitted by email to John Maddox: maddoxjo@sympatico.ca or
by telephone at 519-951-0330 during regular office hours.
A completed Complaint Form will not be accepted unless accompanied by payment of the
required administrative/processing fee.
In the event that the investigator concludes that there is no basis for the complaint then
the said administration processing fee shall be refunded to the submitting Complainant.
All complaints must be made in writing using the Affidavit:
(Appendix 4)
When complaints are submitted directly to the Clerk, the Clerk shall follow the following
procedures:
1. Take all measures to ensure the envelope remains sealed and its contents remain
confidential;
2. Assign a file number and record said file number on the envelope;
3. Log the file number together with the date and time received;
4. Forward, forthwith to the Investigator by regular mail.
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Appendix 1
INFORMAL COMPLAINT PROCEDURE
Individuals (for example, municipal employees, members of the public, members
of Council or local boards (restricted definition), or organizations (including local
boards (restricted definition) who have identified or witnessed behaviour or an
activity by a member of Council or a local board (restricted definition) that they
believe is in contravention of the Code of Conduct for Members of Council and
Local Boards (Restricted Definition) the “Code of Conduct” would address the
prohibited behaviour or activity themselves as follows:
(1) advise the member that the behaviour or activity contravenes the Code of
Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
(4) tell someone else (for example, a senior staff member or an officer of the
organization) about your concerns, your comments to the member and the
response of the member;
(5) if applicable, confirm to the member’s satisfaction with the response of the
member; or, if applicable, advise the member of your dissatisfaction with the
response; and,
(6) consider the need to pursue the matter in accordance with the formal
complaint procedure or in accordance with another applicable judicial or
quasi-judicial process or complaint procedure.
Individuals and organizations are encouraged to initially pursue this informal
complaint procedure as a means of stopping and remedying a behaviour or
activity that is prohibited by the Code of Conduct. With the consent of the
complaining individual or organization and the member, the Integrity
Commissioner may be part of any informal process. However, it is not a
precondition or a prerequisite that those complaining pursue the informal
complaint procedure prior to pursing the formal complaint procedure.
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Appendix 2
DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER
(1)Advisory: upon proper request, provide written and/or verbal advice to individual members
of Council respecting the application of the Code of Conduct and/or any other procedures, rules,
and policies relating to and reflecting upon their ethical behavior, including but not limited to
general interpretation of the Municipal Conflict of Interest Act (Ontario); and furthermore and
when appropriate, providing the full Council with specific and general opinions and advice
respecting compliance by elected officials in respect of the provisions of governing statues the
Code of Conduct and any other applicable procedures, rules, and policies.
(2)Compliance Investigation/Determinations: upon proper request from a member of Council
or local board, municipal administration or one or more members of the public, to conduct an
inquiry and make a determination as to any alleged contravention of the Code of Conduct or
applicable procedures, rules, and policies by a member of Council or local board and, thereafter,
to report the details and results of such inquiry to municipal Council.
(3)Educational: provide the Chief Administrative Officer or as directed with an annual report
of activities during the previous calendar year as Integrity Commissioner, including but not
necessarily limited to advice given to Council or individual members of Council and a summary
of inquiry results and determinations; furthermore, provide outreach programs to members of
Council and local boards and relevant staff on legislation, protocols, and office procedures
emphasizing the importance of compliance with a Code of Conduct for public confidence in
Municipal Government; and, furthermore, dissemination of information available to the public on
the website operated by Elgin.
Notwithstanding that set forth above, the parties acknowledge and agree that the function of the
Integrity Commissioner is to provide advice and opinion to Council and members thereof, to
provide independent complaint prevention, investigation, adjudication, and resolution to
members of Council and the public, and education respecting adherence with the Code of
Conduct for members of Council and other procedures, rules, and policies governing ethical
behavior.
The parties hereto also acknowledge and agree the Integrity Commissioner, will perform
services, and in particular those services relating to advisory and educational duties, in a
manner so as to avoid duplicated advice, opinion, and cost in respect of identical requests and
inquiries – for example, the Integrity Commissioner shall decline to provide individualized advice
and opinion to more than one member of Council or a local board on identical issues but should
choose to provide general advice to Council or such local board as a whole to answer all such
inquiries. In addition, it is recognized that the Integrity Commissioner, will likely receive requests
for advice on matters involving compliance with the Municipal Conflict of Interest Act (the
“MCIA”) – while the Integrity Commissioner may provide general interpretation of the MCIA, it is
expected that individual members of Council or local boards will seek independent legal advice
on a specific question of individual compliance with such legislation.
297
Appendix 3
COMPLAINT PROTOCOL
(1) Any member of Council, staff or the public that believes they have
experienced or witnessed conduct in contravention with the Code of
Conduct may file a complaint and request an investigation.
(2) All complaints shall be in writing and signed by an identifiable
individual.
(3) A complaint shall set out reasonable and probable grounds for the
allegation that the member has contravened the Code of Conduct and
include a support affidavit that sets out the evidence in support of the
complaint.
(4) The complaint protocol information package shall be available at the
County Clerk’s office.
298
Appendix 4
AFFIDAVIT
Code of Conduct Complaint Protocol – Formal Complaint Procedure
Please note that signing a false affidavit may expose you to prosecution under Sections 131 and 132
or 134 of the Criminal Code, R,S,C, 1985, c. C-46, and also to civil liability for defamation.
AFFIDAVIT OF
___________________________________________________________________________
(full name)
I, _____________________________ of the _________________________
(full name), (City,Town, etc.)
of ______________________________in the Province of Ontario
(municipality of residence)
MAKE OATH AND SAY (OR AFFIRM):
1. I have personal knowledge of the facts as set out in this affidavit, because
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
(insert reasons e.g. I work for…………..I attended the meeting at which…………..etc.).
2. I have reasonable and probable grounds to believe that a member of Elgin County Municipal Council,
, has contravened
________________________________________________(specify name of member)
section(s) of the Code of Conduct
_________________________________________(specify section(s))
for members of Council (the “Code of Conduct”). The particulars of which are as follows:
(Set out the statements of fact in consecutively numbered paragraphs in the space below, with each
paragraph being confined as far as possible to a particular statement of fact. If you require more space,
please use the attached Schedule A form and check the appropriate box below. If you wish to include
exhibits to support this complaint, please refer to the exhibits as Exhibit A, B, etc. and attach them to this
affidavit.)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Please see the attached Schedule A
1. This affidavit is made for the purpose of requesting that this matter be reviewed and for no
other purpose.
SWORN (or AFFIRMED) before me at )
The Municipality of Central Elgin in the )
________________________________
County of Elgin in the Province of Ontario on )
)
(A Commissioner for taking affidavits, etc. - Signature)
)
) ________________________________
)
(Date)
)
) ________________________________
)
(Complainant Affidavit, - Signature)
)
) ________________________________
)
(Date)
299
Appendix 4
(page 2)
AFFIDAVIT
Code of Conduct Complaint Protocol – Formal Complaint Procedure
Please note that signing a false affidavit may expose you to prosecution under Sections 131 and 132
or 134 of the Criminal Code, R,S,C, 1985, c. C-46, and also to civil liability for defamation.
Schedule A
To the affidavit required under subsection 2(3) of The Formal Complaint Procedure
(If more that one page if required, please photocopy this blank page and mark each additional page as 2
of 2, 2 of 3, etc. at the top right corner.)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
**Affidavit to be submitted with filing fee as prescribed by
.
County of Elgin Municipal Fees & Charges Schedule
This is Schedule A referred to in the affidavit of
__________________________
(full name)
_______
Sworn before me on this
(or Affirmed)
____________________ _________
day of
___________________________________
A Commissioner for taking affidavits, etc.- Signature
___________________________________
Complainant Affidavit, - Signature
___________________________________
Complainant Affidavit, - Date of Submission
* Personal information B collected under the authority of Section 239 of The Municipal Act (as
amended) and will be used by The Integrity Commissioner to carry out an investigation under
the Act.
300
COUNTY OF ELGIN
By-Law No. 12-22
“TO AMEND THE SCHEDULE TO BY-LAW NO. EG1 (01-40), AS AMENDED, BEING
A BY-LAW FOR THE REGULATION OF TRAFFIC”
WHEREAS pursuant to Section 210, of the Municipal Act, being Chapter M.45,
R.S.O. 1990, as amended, the Council of the Corporation of the County of Elgin did pass
By-Law No. EG1 (01-40) for the regulation of traffic; and
WHEREAS now pursuant to Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.
25, an upper-tier municipality may pass by-laws respecting matters within the spheres of
jurisdiction described in the Table to this section; and
WHEREAS said Table authorizes an upper-tier municipality to pass by-laws
regulating parking and traffic on highways; and
WHEREAS By-Law EG1 (01-40) has been previously amended through By-Laws 03-
05, 03-40 and 05-19; and
WHEREAS it was deemed necessary and appropriate to further amend Schedule “A”
Part B to By-Law No. EG1 (01-40) to restrict parking for safety reasons near the First
Baptist Church/Plains Church on Sparta Line;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts as follows:
1. THAT Schedule “A” Part “B” of By-Law No. EG1 (01-40) be and is hereby further
amended by including the following:
6.5 County Road #27 (Sparta Line) from the southwest corner of Sparta Line
and Fairview Road 70 meters long that begins 58 meters west of the north-
west property limit and proceeds easterly 70 meters.
2. THAT this by-law shall come into force and take effect upon erection of appropriate
signage indicating said No Parking Zones.
TH
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24DAY OF
JULY 2012.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer Warden.
301
COUNTY OF ELGIN
By-Law No. 12-23
“TO AMEND BY-LAW NO. 05-35 BEING A BY-LAW TO AUTHORIZE SPEED LIMITS”
WHEREAS pursuant to Section 128, Subsection 2, of the Highway Traffic Act, being
Chapter H.8, R.S.O. 1990, as amended, the council of a municipality may by by-law
prescribe a different rate of speed for motor vehicles driven on a highway or portion of a
highway under its jurisdiction than is prescribed in Section 128, Subsection 1 (a); and
WHEREAS the County of Elgin did pass By-Law No. 05-35 prescribing different
rates of speed for motor vehicles on certain highways under its jurisdiction; and
WHEREAS it is deemed expedient to amend said By-Law to prescribe a different
rate of speed on certain highways under its jurisdiction.
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin enacts as follows:
1. THAT Schedule “B” of By-Law No. 05-35 be and is hereby further amended by
including the following:
12.1 County Road #27 (Sparta Line) from 70 meters east of the south-west limit
westerly 259 meters, in the Municipality of Central Elgin.
2. THAT the penalties provided in Section 128, Subsection 14, of the Highway Traffic
Act, shall apply to offences against this by-law.
3. THAT this by-law becomes effective once signage setting out the speed limit has
been duly posted.
TH
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF
JULY 2012.
Mark G. McDonald, Bill Walters,
Chief Administrative Officer. Warden.
302
CLOSED MEETING AGENDA
July 24, 2012
Staff Reports:
1) Director of Human Resources –Municipal Act, Section 240.2 (d) labour
relations or employee negotiations – Labour Relations Matters – Seeking
Mandate for Collective Bargaining with Ontario Nurses’ Association.
2) Director of Community and Cultural Services –Municipal Act, Section 240.2
(a) the security of the property of the municipality or local board – Lease of
Temporary Library Space in Straffordville.
3) Director of Engineering Services – Municipal Act, Section 240.2 (a) the
security of the property of the municipality or local board – Mervin Riddell –
Lease.
4) Director of Homes and Senior Services – Municipal Act, Section 240.2 (b)
personal matters about an identifiable individual, including municipal or local
board employees – Staffing issues. (VERBAL)
303