20-03 Approve Transfer Payment Agreement January 28, 2020COUNTY OF ELGIN
By -Law No. 20-03
"BEING A BY-LAW TO APPROVE A TRANSFER PAYMENT AGREEMENT FOR THE
INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP) WITH HER MAJESTY
THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE
MINISTER OF AGRICULTURE, FOOD, AND RURAL AFFAIRS FOR FUNDING OF THE
PORT BRUCE BRIDGE REPLACEMENT PROJECT AND, FURTHER THERETO, TO
AUTHORIZE THE WARDEN AND CHIEF
ADMINISTRATIVE OFFICER TO EXECUTE THE SAID TRANSFER PAYMENT
AGREEMENT ON BEHALF OF ELGIN COUNTY"
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants
municipal power to exercise its capacities, rights, powers, and privileges by by-law;
AND WHEREAS Section 8(1) of the said Act also confers broad authority to municipalities
to govern its affairs as it considers appropriate,
AND WHEREAS Section 9 of the said Act also confers upon a municipality the right,
power, and privileges of a natural person for the purpose of exercising its authority under
that or any other Act, which right, power, and privileges include the authority to enter into
and execute agreements;
AND WHEREAS the Government of Canada ("Canada") has established and funded the
Investing in Canada Infrastructure Program ("ICIP") as a federal infrastructure program
designed, among other purposes, to create long-term economic growth and to build
inclusive, sustainable, and resilient communities;
AND WHEREAS the federal Minister of Infrastructure, Communities, and
Intergovernmental Affairs and the provincial Minister of Infrastructure entered into the
Canada -Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure
Program for Canada to provide financial support to the Province;
AND WHEREAS under the Bilateral Agreement, Canada agreed, amongst other things, to
provide contribution funding to the Province under the Rural and Northern Communities
Infrastructure Funding Stream of the Investing in Canada Infrastructure Program, which
stream supports projects that improve the quality of life in rural and northern communities
by responding to their specific needs;
AND WHEREAS Elgin County has applied for financial support under the Investing in
Canada Infrastructure Program for the Port Bruce Bridge Replacement Project and
Ontario and Canada have approved the said Project for financial support to a maximum
contribution of $4,166,499.33;
AND WHEREAS a condition for receipt and use of such financial support requires Elgin
County, as a recipient of funding, to enter into a written Transfer Payment Agreement with
Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister
of Agriculture, Food, and Rural Affairs, pursuant to which Agreement Canada will be a
Third Party Beneficiary in respect of the rights, covenants, remedies, obligations,
indemnities, and benefits contained therein;
AND WHEREAS Elgin County Council is satisfied that it is in the best interests of an
advisable to enter into the said Transfer Payment Agreement to secure access to the
financial support granted therein.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin and
enacts as follows:
1. THAT the proposed Transfer Payment Agreement between Her Majesty the Queen
in Right of the Province of Ontario as represented by the Minister of Agriculture, Food, and
Rural Affairs and the Corporation of the County of Elgin in respect of the financial support
for the Port Bruce Bridge Replacement Project through the Investing in Canada
Infrastructure Program be and same is hereby approved for execution.
2. THAT on the advice and direction of the County Solicitor, the Warden and Chief
Administrative Officer be authorized and directed to enter into and execute the proposed
Transfer Payment Agreement between Her Majesty the Queen in Right of the Province of
Ontario as represented by the Minister of Agriculture, Food, and Rural Affairs and the
Corporation of the County of Elgin in respect of the financial support for the Port Bruce
Bridge Replacement Project through the Investing in Canada Infrastructure Program.
3. THAT this By -Law shall become effective once signed by the Warden and Chief
Administrative Officer for the County of Elgin and, further thereto, that the Transfer
Payment Agreement contemplated herein shall become effective once executed by all
Parties thereto.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 28t" DAY OF
JANUARY 2020.
Julig Gonyou,
Chief Administrative Officer.
S
Dave ennill,
Warden.