05 - February 22, 2022 County Council Agenda Packageay",
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TABLE OF CONTENTS
Orders — Tuesday, February 22, 2022....................................................... 3
Elgin County Council Minutes — February 8, 2022......................................... 4
Delegation — IBI Group: Broadband Assessment and Proposed Solutions.......... 23
ReportsIndex......................................................................................... 40
Report — Internet Connectivity — IBI Group Final Report and Committee 41
Recommendations..................................................................................
Report — Terrace Lodge Redevelopment Fundraising Report and Proposed 119
Amendments to Terms of Reference..........................................................
Report — A Path Forward on Library Fines: Next Steps ....................................
147
Report — Approval of the Southwold Official Plan File No. SO OP22-01,
202
Applicant: Township of Southwold..............................................................
Report — Small Business Enterprise Centre Update .......................................
330
Report — 2022 South Central Ontario Region Economic Development
335
Corporation Board of Director Appointments ................................................
Report — Currie Road Pedestrian Crossing Construction — Tender Award...........
340
Report — Hamlet of Richmond Reconstruction — Tender Award ........................
343
Report — Transfer Payment Agreement for the Community Paramedicine for
346
Long -Term Care Program........................................................................
Correspondence — Items for Consideration Index ........................................
351
Correspondence — Letter from Elgin Federation of Agriculture .........................
352
Correspondence — Letter from S. Schlotzhauer.............................................
353
Correspondence — Items for Information Index .............................................
357
Correspondence — Resolution from the Municipality of Central Elgin ...............
358
Correspondence — Women's Institute (WI) Press Release ...............................
359
Correspondence — Elgin Clean Water Program 2021 Annual Report ..................
360
Correspondence — Resolution from Oxford County ........................................
366
Correspondence — Letter from Jeff Yurek MPP.............................................
367
1
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%.Ivocu ��ssion Agenda —February 22, 2022.............................................
Report — Telecommunications Equipment Consent and Road User Agreement.... 369
By -Law 22-13 — Transfer Payment Agreement .............................................. 391
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ORDERS OF THE DAY
For Tuesday, February 22, 2022, 9:00 AM
1St Meeting Called to Order
2°d Adoption of Minutes — February 8, 2022
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4th Presenting Petitions, Presentations and Delegations
DELEGATION:
9:00 a.m. — IBI Group — Elgin County Broadband Assessment and Proposed
Solutions
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)
8th Other Business
1. Statements/Inquiries by Members
2. Notice of Motion
3. Matters of Urgency
9th Closed Meeting Items
10th Recess
11th Motion to Rise and Report
12th Reports of Council, Outside Boards and Staff - Continued
13th Motion to Adopt Recommendations from the Committee of the Whole
14th Consideration of By -Laws
15th Adjournment
VIRTUAL MEETING: IN -PERSON PARTICIPATION RESTRICTED
NOTE FOR MEMBERS OF THE PUBLIC:
Please click the link below to watch the Council Meeting:
Accessible formats available upon request.
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MINUTES
February 8, 2022
Page 1
February 8, 2022
Elgin County Council met this 8th day of February 2022. The meeting was held in a hybrid in-
person/electronic format with Councillors and staff participating as indicated below.
Council Present: Warden Mary French (Council Chambers)
Deputy Warden Tom Marks (Council Chambers)
Councillor Duncan McPhail (Council Chambers)
Councillor Bob Purcell (electronic)
Councillor Sally Martyn (Council Chambers)
Councillor Grant Jones (Council Chambers)
Councillor Dave Mennill (Council Chambers)
Councillor Dominique Giguere (electronic)
Councillor Ed Ketchabaw (Council Chambers)
Staff Present: Julie Gonyou, Chief Administrative Officer (Council Chambers)
Brian Lima, General Manager of Engineering, Planning & Enterprise/Deputy
Chief Administrative Officer (Council Chambers)
Brian Masschaele, Director of Community & Cultural Services (electronic)
Michele Harris, Director of Homes and Seniors Services (electronic)
Amy Thomson, Director of Human Resources (electronic)
Jeff Brock, Director of Information Technology Services (electronic)
Stephen Gibson, County Solicitor (electronic)
Nick Loeb, Senior Counsel (electronic)
Amy Thomson, Director of Human Resources (electronic)
Mike Hoogstra, Purchasing Coordinator (electronic)
Katherine Thompson, Manager of Administrative Services/Deputy Clerk
(Council Chambers)
Carolyn Krahn, Legislative Services Coordinator (Council Chambers)
1. CALL TO ORDER
The meeting convened at 9:00 a.m. with Warden French in the chair.
ADOPTION OF MINUTES
Moved by: Councillor Mennill
Seconded by: Councillor Jones
RESOLVED THAT the minutes of the meetings held on January 11, 2022; January 31,
2022; and February 1, 2022 be adopted.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
Page 2
February 8, 2022
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
None.
4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS
4.1 St. Thomas Elgin Local Immigration Partnership — Petrusia Hontar
Petrusia Hontar from the St. Thomas Elgin Local Immigration Partnership presented
the results from a survey conducted by eight (8) local immigration partnerships from
Southwestern Ontario on the experiences of discrimination in St. Thomas and Elgin.
Moved by: Deputy Warden Marks
Seconded by: Councillor McPhail
RESOLVED THAT the presentation from the St. Thomas Elgin Local Immigration
Partnership be received; and
THAT staff be directed to research opportunities for Elgin County Council to
strengthen its partnership with the St. Thomas Elgin Local Immigration Partnership
and report back to County Council at a future meeting.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
5. COMMITTEE OF THE WHOLE
Moved by: Councillor Martyn
Seconded by: Councillor Mennill
RESOLVED THAT we do now move into Committee of the Whole Council.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
5
Page 3
February 8, 2022
6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
6.1 Warden's Activity Report (January) & COVID-19 Update — Warden French
Warden French presented the report highlighting the County's response to the
pandemic, as well as a list of events and meetings attended on behalf of County
Council.
Moved by: Councillor Jones
Seconded by: Councillor Martyn
RESOLVED THAT the February 1, 2022, report titled, Warden's Activity Report
(January) and COVID-19 Update submitted by the Warden, be received and filed
for information.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.2 Environmental Committee Request for Funding — Councillor Jones
Councillor Jones presented information regarding costs associated with the
installation of wildflower plots at the Elgin County Administration Building and other
County -owned facilities.
Moved by: Councillor Mennill
Seconded by: Councillor Jones
RESOLVED THAT the report titled "Environmental Committee Request for
Funding" from Councillor Jones, Chair of the Environmental Advisory Committee,
dated January 27, 2022, be received and filed;
THAT Elgin County Council support the Environmental Committee's
recommendation that a maximum of $5,000 be earmarked in the 2022 budget to be
used to develop a 225 square foot wildflower plot at an existing County facility; and
THAT Elgin County Council permit the Environmental Advisory Committee to
pursue opportunities for grants and funding partners for 2023 projects; and further,
THAT Elgin County Council permit the Environmental Committee to develop a
policy associated with wildflower plots at County facilities for presentation to County
Council at a future meeting.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Page 4
February 8, 2022
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
7
2
0
Motion Carried.
6.3 Terrace Lodge Redevelopment Construction Progress Update — Councillor
Purcell
Councillor Purcell provided Council with a progress update on the Terrace Lodge
Redevelopment project.
Moved by: Councillor Martyn
Seconded by: Councillor Purcell
RESOLVED THAT the report titled, "Terrace Lodge Redevelopment Construction
Progress Update" submitted by the Terrace Lodge Redevelopment Steering
Committee Chair, dated January 17, 2022 be received and filed for information.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Martyn
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.4 Homes — Long -Term Care Home Service Accountability Agreement (L-SAA) —
Schedule E — Director of Homes and Seniors Services
The Director of Homes and Seniors Services presented information regarding the
annual reporting requirements of the Ontario Health Long -Term Care Home
Service Accountability Agreement (L-SAA) Schedule E — Form of Compliance
Declaration.
Moved by: Councillor Jones
Seconded by: Councillor Martyn
RESOLVED THAT the report titled: "Homes — Long -Term Care Home Service
Accountability Agreement (L-SAA) — Schedule E" dated January 27, 2022 be
received and filed; and,
THAT Council authorize the Chief Administrative Officer (CAO) and Warden to sign
the "Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule
E" for the Homes for the period of January 1, 2021— December 31, 2021.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Martyn
X
Central Elgin
Deputy Warden Tom Marks
X
Page 5
February 8, 2022
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.5 Procurement Activity Report (October 1, 2021 to December 31, 2021) —
Purchasing Coordinator
The Purchasing Coordinator provided details with respect to the exercise of
delegated authority for all contracts awarded that exceed $15,000, including
amendments and renewals, for the period from October 1, 2021 to December 31,
2021.
Moved by: Deputy Warden Marks
Seconded by: Councillor McPhail
RESOLVED THAT the January 31, 2022 report titled, Procurement Activity Report
(October 1, 2021 to December 31, 2021), submitted by the Purchasing
Coordinator, be received and filed for information.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
DeputyWarden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.6 Elgin County Museum Advisory Committee 2022 Membership — Director of
Community and Cultural Services
The Director of Community and Cultural Services recommended a new
appointment to the Elgin County Museum Advisory Committee for 2022,
recognized past service and provided an update on members previously appointed
by Council.
Moved by: Councillor Mennill
Seconded by: Councillor Ketchabaw
RESOLVED THAT County Council confirm the membership of the Elgin County
Museum Advisory Committee as outlined in the report titled "Elgin County Museum
Advisory Committee 2022 Membership" from the Director of Community and
Cultural Services dated February 8, 2022; and,
THAT the Warden on behalf of County Council issue a letter of appreciation to Mr.
Perry Clutterbuck for his past service to the committee.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Page 6
February 8, 2022
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.7 HR Policies: 9.60 `Paid Sick Leave / Short-term Disability' & 5.20 `Benefit
Premium Payments'— Director of Human Resources
The Director of Human Resources presented updates to two (2) policies, Paid Sick
Leave/Short-term Disability and Benefit Premium Payments.
Moved by: Councillor Jones
Seconded by: Councillor Mennill
RESOLVED THAT County Council approve HR Policies 9.60 `Paid Sick Leave /
Short-term Disability' & 5.20 `Benefit Premium Payments' as drafted;
AND THAT the report dated February 8, 2022 from the Director of Human
Resources be received and filed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.8 SCOR Short Line Rail — Manager of Economic Development and Tourism
The Manager of Economic Development and Tourism provided information
regarding future funding for short line rail.
Moved by: Councillor Ketchabaw
Seconded by: Deputy Warden Marks
RESOLVED THAT the report titled "SCOR Short Line Rail" from the Manager of
Economic Development & Tourism dated January 28, 2022 be received and filed
as information.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
Page 7
February 8, 2022
TOTAL 9 0 10
Motion Carried.
6.9 Local Business Accelerator Program — Manager of Economic Development
and Tourism
The Manager of Economic Development and Tourism presented information
regarding funding received in partnership with the St. Thomas Economic
Development Corporation and the Elgin -St. Thomas Small Business Enterprise
Centre for the My Main Street Local Business Accelerator Program for
Ambassadors in St. Thomas and West Elgin.
Moved by: Councillor Jones
Seconded by: Councillor Giguere
RESOLVED THAT the report titled "Local Business Accelerator Program" from the
Manager of Economic Development & Tourism, dated January 20, 2022 be
received and filed as information.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.10 Draft Plan of Condominium Approval —The Ridge at Talbotville Grove Vacant
Land Plan of Condominium, Part of Lot 40, Concession SNBTR, Township of
Southwold — General Manager of Engineering, Planning & Enterprise/Deputy
CAO
The General Manager of Engineering, Planning & Enterprise/Deputy CAO provided
information required for Council to consider granting draft plan approval to the draft
Plan of Condominium described under File 34CD-SO2101.
Moved by: Councillor Jones
Seconded by: Councillor McPhail
RESOLVED THAT the Council of the Corporation of the County of Elgin grants
draft plan approval to the Draft Plan of Condominium proposed by Dillon Consulting
Ltd. in the Township of Southwold, described under File No. 34CD-SO2101; and,
THAT staff be directed to provide notice of this decision subject to the conditions for
final approval in accordance with the Planning Act.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Is
Page 8
February 8, 2022
Aylmer Warden Mary French X
TOTAL 9 0 1 0
Motion Carried.
6.11 Draft Plan Approval of Vacant Land Condominium — Part of Lot 37, East of
John Street, Plan 164 (Town of Aylmer); Part of Lot 84, Concession South of
Talbot Road (former Township of Malahide), Town of Aylmer, County of Elgin
— General Manager of Engineering, Planning & Enterprise/Deputy CAO
The General Manager of Engineering, Planning & Enterprise/Deputy CAO
presented information required for Council to consider granting draft plan approval
to the draft Plan of Condominium described under File No. 34CD-AY2102.
Moved by: Councillor Jones
Seconded by: Councillor Mennill
RESOLVED THAT the Council of the Corporation of the County of Elgin grants
draft plan approval to the Draft Plan of Condominium proposed by Dillon Consulting
Ltd. in the Town of Aylmer File No. 34CD-AY2102; and,
THAT staff be directed to provide notice of this decision subject to the conditions for
final approval in accordance with the Planning Act.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
DeputyWarden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.12 Dutton Land Holdings Development — Currie Road — General Manager of
Engineering, Planning & Enterprise/Deputy CAO
The General Manager of Engineering, Planning & Enterprise/Deputy CAO provided
an overview of a proposed development at the north limits of the Village of Dutton
and detailed the anticipated traffic impacts to County roads and the recommended
plan for mitigating road improvements.
Moved by: Councillor Martyn
Seconded by: Councillor McPhail
RESOLVED THAT the report titled, "Dutton Land Holdings Development — Currie
Road" from the General Manager of Engineering, Planning, & Enterprise (EPE) /
Deputy CAO, dated January 14, 2022 be received and filed, and;
THAT $1,525,000 be added to the capital plan to fund road network enhancements
in order to accommodate proposed future developments adjacent to Currie Road
near Pioneer Line.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
11
Page 9
February 8, 2022
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.13 Elgin (County) / Eh!tel Networks Inc. — Telecommunication Equipment
Consent and Road User Agreement — General Manager of Engineering,
Planning & Enterprise/Deputy CAO
The General Manager of Engineering, Planning & Enterprise/Deputy CAO
presented a report seeking Council's approval and authorization for execution of a
proposed Telecommunication Equipment Consent and Road User Agreement
("Telecommunication Agreement") between Elgin (County) and Eh!tel Networks Inc.
Moved by: Councillor Ketchabaw
Seconded by: Councillor McPhail
RESOLVED THAT the Report to Council, dated January 18, 2022, and entitled
"Elgin (County) / Eh!tel Networks Inc. - Telecommunication Equipment Consent and
Road User Agreement" be received and filed; and,
THAT County Council approve and authorize the Warden and Chief Administrative
Officer to execute a proposed Telecommunication Equipment Consent and Road
User Agreement as between Elgin (County) and Eh!tel Networks Inc. in the form
and of the content attached.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.14 Whites Station Operations Centre Antenna Communications Tower
Inspection — General Manager of Engineering, Planning and
Enterprise/Deputy CAO
The General Manager of Engineering, Planning and Enterprise/Deputy CAO
provided Council with a summary of a recently completed major tower inspection
undertaken on the County's Whites Station Operations Centre antenna
communication tower.
Moved by: Deputy Warden Marks
Seconded by: Councillor Jones
RESOLVED THAT the report titled, "Whites Station Operations Centre Antenna
Communications Tower Inspection" from the General Manager Engineering,
Planning, and Enterprise (EPE) / Deputy CAO, dated January 17, 2022 be received
and filed; and
12
Page 10
February 8, 2022
THAT staff be directed to provide a follow-up report regarding ISP access to the
Whites Station Operations Centre Antenna Communications Tower.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.15 Terrace Lodge Redevelopment —Revised Development Agreement— General
Manager of Engineering, Planning and Enterprise/Deputy CAO
The General Manager of Engineering, Planning and Enterprise/Deputy CAO
presented a report seeking Council's authorization to sign an amended
Development Agreement as required by the provincial Ministry of Long -Term Care
in support of the County's Terrace Lodge Redevelopment Project.
Moved by: Councillor Mennill
Seconded by: Councillor Purcell
RESOLVED THAT the report titled "Terrace Lodge Redevelopment — Revised
Development Agreement" dated February 1, 2022, received from the General
Manager of Engineering, Planning & Enterprise (EPE) / Deputy CAO be received
and filed for information; and,
THAT the Warden and Chief Administrative Officer be directed and authorized to
sign the Ministry of Long -Term Care Revised Development Agreement.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.16 Bank Street (South of Catfish Creek) — Re -Addition to Elgin County Highway
System — County Solicitor
The County Solicitor provided information on the status of that portion of Bank
Street, between the south bank of Catfish Creek and Colin Street, in the Community
of Port Bruce and Township of Malahide, in relation to the Highway System for the
Corporation of the County of Elgin.
13
Page 11
February 8, 2022
Moved by: Councillor Mennill
Seconded by: Councillor Jones
RESOLVED THAT the Report to Council, dated January 29, 2022, and entitled
"Bank Street (South of Catfish Creek) — Re -Addition to Elgin County Highway
System" be received and filed; and,
THAT Council consider enactment of a by-law re -adding Bank Street, between the
south bank of Catfish Creek and Colin Street, in the Community of Port Bruce and
Township of Malahide, to the Highway System for the Corporation of the County of
Elgin.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.17 TVDSB Trustee Distribution for 2022-2026 — Legislative Services Coordinator
The Legislative Services Coordinator presented information regarding rural
representation on the Thames Valley District School Board following the 2022
election.
Moved by: Councillor Jones
Seconded by: Councillor Martyn
THAT the County of Elgin support the designation of Middlesex County by Board
resolution as a low population municipality;
THAT the County of Elgin support the following Thames Valley District School
Board Trustee Distribution for the 2022- 2026 term:
• Two (2) Trustees representing Middlesex County
• Two (2) Trustees representing Oxford County
• Two (2) Trustees representing Elgin County
• Six (6) Trustees representing the City of London
• One (1) Indigenous Trustee appointed per Ontario Regulation 462/97;
THAT the Warden of the County of Elgin send advocacy letters to ensure equitable
representation that balances the rural interests within the geography of Thames
Valley District School Board to the Minister of Education, the Honourable Stephen
Lecce; the Minister of Municipal Affairs and Housing, the Honourable Steve Clark;
and Elgin -Middlesex -London MPP Jeff Yurek; and
THAT the same letter be sent to Thames Valley District School Board Trustee Chair
Lori -Ann Pizzalato and the Director of Education Mark Fisher, requesting that a
copy of this motion and letter be considered as correspondence at the next Board of
Trustee's meeting, prior to the Board's decision with respect to the composition of
the 2022-2026 Board of Trustees.
14
Page 12
February 8, 2022
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
DeputyWarden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6.18 Transfer Payment Agreement for the Municipal Modernization Program —
Chief Administrative Officer
The Chief Administrative Officer provided information regarding a Transfer Payment
Agreement from the Province of Ontario for the County of Elgin Human Capital
Management Modernization project.
Moved by: Deputy Warden Marks
Seconded by: Councillor Ketchabaw
RESOLVED THAT the Warden and Chief Administrative Officer be authorized and
directed to enter into the Transfer Payment Agreement to receive $125,674 from the
Municipal Modernization Program; and,
THAT By -Law 22-10 to authorize the Warden and Chief Administrative Officer to
execute the Transfer Payment Agreement on behalf of Elgin County be enacted.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
6. 19 COVID-19 Emergency Team Planning — January Update — Chief
Administrative Officer
The Chief Administrative Officer presented the report providing Council with an
update on the County's COVID-19 response.
Moved by: Councillor Martyn
Seconded by: Councillor Mennill
RESOLVED THAT the report titled "COVID-19 Emergency Team Planning —
January Update" dated February 2, 2022 from the Chief Administrative Officer be
received and filed.
15
Page 13
February 8, 2022
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
DeputyWarden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
- Motion Carried.
7. COUNCIL CORRESPONDENCE
7.1 Items for Consideration
None.
7.2 Items for Information (Consent Agenda)
7.2.1 The Community Schools Alliance with a Press Release regarding the Social
and Economic Impacts of Schools in Small Communities in Ontario.
7.2.2 SWIFT with their Monthly Project Update for December 2021.
7.2.3 County of Elgin Homes with their January 2022 Newsletter.
7.2.4 The Ministry of Municipal Affairs and Housing with a Letter regarding Bill 13,
the Supporting People and Businesses Act, 2021.
7.2.5 The Town of Aylmer with a Letter to the Premier of Ontario regarding a
Resolution respecting Joint and Several Liability, AMO Recommendations.
7.2.6 The Town of Aylmer with a Letter regarding Thames Valley District School
Board Trustee Distribution for the 2022- 2026.
Moved by: Councillor Jones
Seconded by: Councillor Giguere
RESOLVED THAT Correspondence Items #1-6 be received and filed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
- Motion Carried.
91
Page 14
February 8, 2022
OTHER BUSINESS
8.1 Statements/Inquiries by Members
Councillor Mennill asked a question regarding the Local Municipal and County
share of property taxes. With input from the Local Municipal Partners, the Manager
of Administrative Services will draft an infographic explaining how municipal taxes
are distributed. This information will be shared with Council and the community.
Councillor McPhail requested that County staff circulate copies of the Council
Highlights to the Local Municipal Partners for inclusion in their local Council
agendas.
8.2 Notice of Motion
None.
8.3 Matters of UrgencV
None.
CLOSED MEETING ITEMS
Moved by: Councillor Ketchabaw
Seconded by: Councillor Jones
RESOLVED THAT we do now proceed into closed meeting session in accordance with
the Municipal Act to discuss the following matters under Municipal Act Section 239 (2):
In -Camera Item #1
(c) a proposed or pending acquisition or disposition of land by the municipality or local
board; (0 advice that is subject to solicitor -client privilege, including communications
necessary for that purpose, (k) a position, plan, procedure, criteria or instruction to be
applied to any negotiations carried on or to be carried on by or on behalf of the municipality
or local board— Land Acquisition Update.
In -Camera Item #2
(0 advice that is subject to solicitor -client privilege, including communications necessary
for that purpose, (k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality or local board
— Telecommunications.
In -Camera Item #3
(b) personal matters about an identifiable individual, including municipal or local board
employees, (d) labour relations or employee negotiations — Organizational Review.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
17
Page 15
February 8, 2022
10. MOTION TO RISE AND REPORT
Moved by: Councillor Ketchabaw
Seconded by: Councillor Mennill
RESOLVED THAT we do now rise and report.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
In -Camera Item #1 — Land Acquisition Update
Moved by: Deputy Warden Marks
Seconded by: Councillor Jones
RESOLVED THAT staff proceed as directed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
In -Camera Item #2 —Telecommunications
Moved by: Councillor Martyn
Seconded by: Councillor Ketchabaw
RESOLVED THAT staff proceed as directed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
in
Page 16
February 8, 2022
Aylmer Warden Mary French I X
TOTAL 1 9 0 0
- Motion Carried.
In -Camera Item #3 — Oraanizational Review
Moved by: Councillor Mennill
Seconded by: Councillor Jones
RESOLVED THAT staff proceed as directed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
- Motion Carried.
11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE
Moved by: Councillor Ketchabaw
Seconded by: Councillor Mennill
RESOLVED THAT we do now adopt recommendations of the Committee Of The Whole.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
- Motion Carried.
12. CONSIDERATION OF BY-LAWS
12.1 By -Law No. 22-09 — Establish Remuneration Rates
BEING a By -Law to Establish Remuneration Rates for Employees Covered by the
Job Evaluation Scale.
Moved by: Deputy Warden Marks
Seconded by: Councillor Jones
RESOLVED THAT By -Law No. 22-09 be now read a first, second and third time
and finally passed.
Page 17
February 8, 2022
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
DeputyWarden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
12.2 By -Law No. 22-10 —Approve Transfer Payment Agreement
BEING a By -Law to Approve a Transfer Payment Agreement for the Municipal
Modernization Program with Her Majesty the Queen in Right of the Province of
Ontario as Represented by the Minister of Municipal Affairs and Housing to Fund
the Implementation of an Integrated Human Capital Management Software
Platform and Call -In System and, Further Thereto, to Authorize the Warden and
Chief Administrative Officer to Execute the Said Transfer Payment Agreement on
Behalf of Elgin County.
Moved by: Councillor Martyn
Seconded by: Councillor Mennill
RESOLVED THAT By -Law No. 22-10 be now read a first, second and third time
and finally passed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
12.3 By -Law No. 22-11 — Add Highways
BEING a By -Law to Add Highways, including Lower Tier Highways, to the Highway
System for Elgin County.
Moved by: Councillor Jones
Seconded by: Councillor McPhail
RESOLVED THAT By -Law No. 22-11 be now read a first, second and third time
and finally passed.
Page 18
February 8, 2022
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
12.4 By -Law No. 22-12 — Confirming all Actions and Proceedings
BEING a By -Law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the February 8, 2022 Meeting.
Moved by: Councillor Mennill
Seconded by: Deputy Warden Marks
RESOLVED THAT By -Law No. 22-12 be now read a first, second and third time
and finally passed.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
Motion Carried.
13. ADJOURNMENT
Moved by: Councillor Marks
Seconded by: Councillor Purcell
RESOLVED THAT we do now adjourn at 12:22 p.m. to meet again on February 22, 2022
at 9:00 a.m.
Recorded Vote
Yes
No
Abstain
West Elgin
Councillor Duncan McPhail
X
Dutton Dunwich
Councillor Bob Purcell
X
Southwold
Councillor Grant Jones
X
Central Elgin
Councillor Sally Mart n
X
Central Elgin
Deputy Warden Tom Marks
X
Malahide
Councillor Dave Mennill
X
Malahide
Councillor Dominique Gi uere
X
Ba ham
Councillor Ed Ketchabaw
X
Aylmer
Warden Mary French
X
TOTAL
9
0
0
21
Page 19
February 8, 2022
- Motion Carried.
Julie Gonyou, Mary French,
Chief Administrative Officer. Warden.
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I
�0�
REPORTS OF COUNCIL AND STAFF
February 22, 2022
Council Reports — ATTACHED
Deputy Warden Marks — Internet Connectivity — IBI Group Final Report and Committee
Recommendations
Councillor Giguere — Terrace Lodge Redevelopment Fundraising Report and Proposed
Amendments to Terms of Reference
Staff Reports —ATTACHED
Digital Services Librarian and Library Coordinator — A Path Forward on Library Fines: Next Steps
General Manager of EPE/Deputy CAO —Approval of the Southwold Official Plan File No.: SO
OP22-01, Applicant: Township of Southwold
General Manager of EPE/Deputy CAO — Small Business Enterprise Centre Update
General Manager of EPE/Deputy CAO — 2022 South Central Ontario Region Economic
Development Corporation Board of Director
Appointments
General Manager of EPE/Deputy CAO — Currie Road Pedestrian Crossing Construction — Tender
Award
General Manager of EPE/Deputy CAO — Hamlet of Richmond Reconstruction — Tender Award
Chief Administrative Officer - Transfer Payment Agreement for the Community Paramedicine
for Long -Term Care Program
Senior Counsel — Elgin (County)/Rogers — Telecommunications Equipment Consent and Road
User Agreement (to be considered following Closed
Session)
.Y
REPORT TO COUNTY COUNCIL
"rn�111� FROM:
�Il�uumouuu�°°�
ElgmDATE:
Prugressive by Nature
RECOMMENDATIONS:
Deputy Warden Marks, Connectivity
Committee Chairman
February 17, 2022
SUBJECT: Internet Connectivity - IBI Group Final
Report and Committee
Recommendations
THAT the report titled "Internet Connectivity - IBI Group Final Report and Committee
Recommendations" from Deputy Warden Marks, dated February 17, 2022, be received
and filed for information; and,
THAT Elgin County Council support the Connectivity Committee's recommendation to
leverage existing staff resources and the Connectivity Committee to support to IBI's
Option #1 — Advocacy, Strategic Purchasing and ISP Coordination to facilitate and
advocate for investment in broadband infrastructure (senior government / private
sector).
INTRODUCTION:
At its meeting on February 17t" the Connectivity Committee resolved.
THAT the IBI final report titled "Internet Connectivity and Broadband Analysis,
Assessment, and Proposed Solutions" presented to Elgin County Council; and
THAT the Chair be directed to provide Elgin County Council with a summary of
the Connectivity Committee's recommended next steps with respect to final
report prepared by IBI Group Inc.
The purpose of this report is to provide an overview of the options included within the
final report prepared by IBI Group Inc. ("IBI Group") titled "Internet Connectivity and
Broadband Analysis, Assessment, and Proposed Solutions", scheduled for presentation
to Council on February 22, 2022.
BACKGROUND:
In 2021, Elgin County Council engaged IBI Group to complete a study including
"Internet Connectivity and Broadband Analysis, Assessment, and Proposed Solutions"
("Study"). The Study provides a series of actions that are intended to advance
connectivity in the County, while acknowledging the importance of partnerships and
41
2
advocacy efforts. It recognizes the importance of broadband as an indispensable part
of modern infrastructure.
At the December 16t" 2021 Connectivity Committee ("Committee") meeting, IBI Group
presented its final draft report which included options to advance the access of
affordable and reliable high-speed internet in Elgin County. For ease of reference, IBI
Group's options are included within the next section of this report.
The Committee carefully considered all options presented by IBI Group and requested
that staff provide additional information regarding Option #1: Advocacy, Strategic
Purchasing & ISP Coordination.
IBI GROUP INC. RECOMMENDATIONS:
The Committee reviewed and discussed the following options presented by IBI Group:
Option #1: Advocacy, Strategic Purchasing & ISP Coordination
As a best practice, it is recommended that the County takes on a role of facilitating and
advocating for investment in broadband infrastructure both from private industry as well
as other levels of government. The County does not make a direct financial contribution
to constructing infrastructure under this recommendation, but rather looks to encourage
cooperation, partnerships, and facilitate the investment through approaches such as the
facilitation of economic development and collaboration forums, removing financial or
municipal approval challenges to planning, and permitting of fibre optic and radio tower
infrastructure, as well as leveraging and coordinating the current connectivity
requirements.
Budgetary Costs: 1 senior staff FTE salary
Underserved Premises Connected: N/A
Expected Timing: Immediately
Impact of Ontario Connects program: This option is aligned and an important action as
the Ontario Connects program proceeds through various stages of funding allocations
and ISP selections(s).
Option #2: Long Term Vision — Fibre to the Home/Business
It is recommended that the County adopt a long-term vision of achieving a fibre to the
home infrastructure for its residents and business. This vision provides the best long-
term benefits for residents and businesses and strategically positions the County for
economic development growth, attracting and retaining businesses and residents. IBI
recognizes that this vision may not be immediately affordable to the County and may
42
3
rears to budget and implement. The Ontario Connects program may provide
t benefit to advance the implementation of this option.
Budgetary Costs: $107,074,000
Underserved Premises Connected: 7120
Expected Timing: 5-10 years, depending on timing of available funding
Impact of Ontario Connects program: This option is aligned with the long-term strategy
and expected outcomes of the Ontario Connects program and it would be expected that
significant funding could be secured through this program to accomplish this option.
Option #3: Initial Fibre Build to Radio Towers
IBI has identified several options in each municipality for the County to invest in a hybrid
fibre/ wireless approach to improve broadband connectivity in the County. This hybrid
approach would involve the implementation of a fibre optic infrastructure from high
density areas (e.g. served) extending along roadways to connect radio towers and
residents along the fibre route to high speed services. A further analysis of the County's
existing water tower infrastructure indicates that these towers may be a suitable
substitute to colocation on some third -party towers or any new radio tower construction.
This approach is the recommended first step for the County to prioritize improving
broadband connectivity, subject to the outcomes that will be achieved by the Ontario
Connects program.
Budgetary Costs: $7,033,120
Underserved Premises Connected: 7120
Expected Timing: 3 years
Impact of Ontario Connects program: The Ontario Connects program would supersede
the expected outcomes of this option and therefore the implementation of this program
should be deferred until outcomes of the Ontario Connects program are further
understood, in mid -year 2022.
Option #4: Extend Fibre Connectivity to Areas of Interest I
Municipal Locations
This option builds on Option 3 and would provide for additional fibre optic connectivity to
residents and businesses along the proposed fibre path, as well as achieving
connectivity to municipal locations and land identified for future development to support
specific economic development objectives. Please refer to the maps provided in
Appendix A for additional details regarding this recommendation.
43
0
Budgetary Costs: $3,728,000
Underserved Premises Connected: 7120
Additional Premises Connected: 785
Expected Timing: 1-3 years
Impact of Ontario Connects program: The Ontario Connects program would supersede
the expected outcomes of this option and therefore the implementation of this program
should be deferred until outcomes of the Ontario Connects program are further
understood, in mid -year 2022.
CONNECTIVITY COMMITTEE RECOMMENDATION:
At its meeting on February 17t" 2022, the Connectivity Committee supported IBI's
Option #1 — Advocacy, Strategic Purchasing and ISP Coordination which suggests
that the County support facilitating and advocating for investment in broadband
infrastructure (senior government / private sector). This option does not include a direct
financial contribution to supporting infrastructure, but rather recommends that the
County find ways to support cooperation and partnerships with local ISPs and find ways
to improve processes and eliminate challenges ISPs are facing when planning or
undertaking work in Elgin County.
The Connectivity Committee recommends that Council support the following:
1.) Leverage Existing Resources
For the balance of 2022, it is recommended by staff that, under the direction of the
Chief Administrative Officer and as advised by the Connectivity Committee, the
combined efforts of the Director of Information Technology Services, Manager of
Economic Development, Business Enterprise Facilitator, Manager of Administrative
Services, and Marketing and Communications Coordinator be leveraged to support
Recommendation #1 including:
• Continue to support the Connectivity Committee and County Council in their
advocacy efforts;
• Gather information directly from ISPs about barriers and recommend ways for
the Committee to problem -solve and support local ISPs in non -monetary
ways;
• Research and develop innovative ways for the Connectivity Committee to
connect with local ISPs (both large and small), including the possible
development of an NDA;
• Develop a robust online presence with ISP contact information along with a
communications strategy;
• Build relationships with local ISPs and prospective ISPs; and
5
hare status updates with the Committee regarding the SWIFT Project and
rrojects currently underway within Elgin's partner municipalities for the
Committee's review.
• Engage with all local ISPs and prospective ISPs to encourage investment
throughout the County and facilitate discussion amongst applicable approval
agencies.
Committee Opportunities
Consider reviewing the Committee Terms of Reference to assess composition
and opportunities to recommend changes to County Council with respect to
Membership/Composition (more ISP or Local Municipal Partner participation);
Make recommendations to County Council regarding ways to advocate to private
/ senior government for funding; and
With the support of staff, and together with ISPs, develop resources to enhance
community awareness of available ISPs and associated costs.
NEXT STEPS:
Leveraging existing resources will provide the County with the opportunity to collect
data about needs and resources and carefully evaluate how to best support ISPs
through advocacy, strategic purchasing and coordination. In August 2022, staff will
provide an interim report to the Connectivity Committee with information about initiatives
supported, metrics collected, and with recommended next steps. The Committee may
direct that these metrics be shared with County Council.
FINANCIAL IMPLICATIONS:
Metrics will be collected to support a careful evaluation of the effectiveness of the
strategy proposed to support Option #1. While staff are confident that the team's
combined efforts will meet the initial needs identified for this strategy, it is important to
note that capacity currently does not exist within one (1) position alone. There are costs
associated with supporting this work, however, these costs are already included in the
forecasted budget for 2022.
45
0
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
® Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Growing Elgin
® Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
❑ Fostering a healthy
environment.
❑ Enhancing quality of
place.
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
❑ Delivering mandated
programs and services
efficiently and
effectively.
As part of the 2020-2022 Elgin County Strategic Plan, Council prioritized Quality of
Place which includes a focus on rural connectivity. The Connectivity Committee and
County Council are working hard on behalf of our residents to ensure our community
has access to high speed internet regardless of where they live. We know that the
future of Elgin's economy, our prosperity and our society depend on access to reliable
and affordable high-speed internet.
LOCAL MUNICIPAL PARTNER IMPACT:
It is critical that ongoing discussions with Elgin's Local Municipal Partners (LMPs) occur.
Doing so will ensure processes (including municipal consents) are streamlined as much
as possible. LMPs can actively participate in the Committee's advocacy efforts and
help remove barriers to entry for ISPs thereby encouraging their work within Elgin
County.
The IBI Report, along with Committee recommendations and associated Council
resolutions will be shared with Local Municipal Partners.
COMMUNICATION REQUIREMENTS:
The IBI Report will be featured on the County's website, on the Engage Elgin
Connectivity Project site, featured on County Social Media, sent in a newsletter to those
who have signed up to receive more information about connectivity in Elgin, and shared
through the Council highlights document.
ER
CONCLUSION:
Elgin County recognizes the importance of reliable and affordable broadband for the
well-being and economic competitiveness of the County's residents, businesses, and
institutions. The final report provided by IBI Group Inc. ("IBI Group") titled "Internet
Connectivity and Broadband Analysis, Assessment, and Proposed Solutions" will be
essential to defining, developing and continuing to grow a broadband network to serve
all of Elgin County.
County staff indicated to the Connectivity Committee that they are pleased to help
explore options and coordinate local efforts with ISPs and local connectivity projects.
Staff recognize that partnerships and collaboration will be essential to defining,
developing and continuing to grow a broadband network to serve all of Elgin County.
All of which is Respectfully Submitted
Deputy Warden Tom Marks
Elgin County Council
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
7
47
l pox r aar,r�MviuPi+'Hear
DRAFT Report for Council Review
Internet Connectivity and Broadband
Analysis, Assessment, and
Proposed Solutions
Prepared for Elgin County
IB I by IBI Group
L ll
February 11, 2022
Disclaimer
This document was prepared by IBI Group Professional Services (Canada) Inc.
("IBI") for the benefit of Elgin County. (the "Client") pursuant to a Consulting
Services Agreement dated May 12, 2021 regarding Internet Connectivity and
Broadband Analysis, Assessment, and proposed Solutions for the County of
Elgin (the "System"). IBI has performed its services to the level customary for
performing such services at the time and place where the services to our Client
were provided. IBI makes or intends no other warranty, express or implied.
This document, the information contained herein and any statements contained
within are all based upon information provided to IBI, observations at the site,
and publicly available information or sources referenced herein. IBI provides no
assurance as to the accuracy and completeness of any third -party information.
Certain statements in this document may constitute "forward -looking" statements
which involve known and unknown risks, uncertainties and other factors which
may cause the actual results, performance or achievements of the System, to be
materially different from any future results, performance or achievements
expressed or implied by such statements. When used in this document, these
statements reflect IBI's interpretation or assessment of information and factors
as of the date of this document and it should be noted that factors influencing
the accuracy and completeness of the forward -looking statements will exist that
are outside of the purview of IBI and that new risk factors may arise after the
date of this document. Given these risks and uncertainties, the Client should not
place undue reliance on forward -looking statements as a prediction of actual
results. Although the forward -looking statements contained in this document are
based upon what IBI believes to be reasonable assumptions, IBI cannot assure
the Client that actual results will be consistent with these forward -looking
statements and IBI makes no representations or warranty that the information in
the document is sufficient to provide all the information, evaluations and
analyses necessary to satisfy the needs of the Client.
The use of and reliance on this document by any person or entity other than the
Client is not authorized. Unless you are the Client, or a party to a fully executed
Reliance Letter Agreement with IBI concerning this document, this document is
provided for information purposes only and such unauthorized user by its
acceptance or use of this document, releases IBI from any liability for direct,
indirect, consequential, or special loss or damage whether arising in contract,
warranty, express or imp9ed, tort or otherwise
Disclaimer Cost Estimate Accuracy
Conceptual level planning and cost estimation has been performed for the
purposes of identifying options. This is a `Class D' estimate, with little or no site
information, that indicates the approximate magnitude of cost of the proposed
projects, based on broad requirements. This overall cost estimate is derived
from unit costs in a similar area for a similar project. It is to be used to obtain
approval in principle and for discussion purposes.
50
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Document Control Page
CLIENT:
Elgin County
PROJECT NAME:
Elgin County Internet Connectivity
REPORT TITLE:
Internet Connectivity and Broadband Analysis, Assessment, and
Proposed Solutions
IBI REFERENCE:
134843
VERSION:
1.0
DIGITAL MASTER:
SharePOint
ORIGINATOR:
Jason McBeath, Ian Nelson, Keith Ponton, John George
REVIEWER:
Keith Ponton
AUTHORIZATION:
Keith Ponton
CIRCULATION LIST:
Client Project Team
HISTORY:
0.1 — Initial Draft (Current State Assessment) 2021-07-13
0.2 — Revised Draft (Options) 2021-08-18
0.3 — Revised Draft (Recommendations) 2021-10-01
1.0 — Draft for Connectivity Committee Review
1.1 — Draft for Council Review 2022-02-10
1.11 — Draft for Council Review 2022-02-11
February 11, 2022 51
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Table of Contents
1 Executive Summary ............................................................................................................4
CurrentState............................................................................................................4
Options....................................................................................................................5
Recommendations...................................................................................................5
Recommendation 1:
Advocacy, Strategic Purchasing & ISP Coordination ............ 5
Recommendation 2:
Long term vision: Fibre to the Home/ Business ...................6
Recommendation 3:
Initial Fibre Build to Radio Towers..........................................7
Recommendation 4:
Extend fibre connectivity to areas of interest / municipal
locations......................................................................................................7
FundingOptions.......................................................................................................8
GuidingPrinciples....................................................................................................8
2 Current State Assessment...............................................................................................10
2.1 Summary of Data Sources.....................................................................................10
2.2 Analysis Methodology............................................................................................11
2.2.1 Overview...................................................................................................11
2.2.2 Data Deficiencies......................................................................................11
2.3 Data Review...........................................................................................................12
2.3.1 Internet Service Providers & Technologies...............................................12
2.3.2 Fixed Wireless Radio Towers...................................................................13
2.3.3 Served and Underserved Premises..........................................................13
3 Options Analysis and Recommendations......................................................................25
3.1 Technical Options..................................................................................................25
3.1.1 County Wide Fibre Deployment................................................................25
3.1.2 Fibre Backbone to Fixed Wireless Locations............................................28
3.1.1 Cost Summary..........................................................................................32
3.2 Recommendations.................................................................................................32
Summary of Recommendations............................................................................33
Recommendation 1: Advocacy, Strategic Purchasing & ISP Coordination .......... 33
Recommendation 2: Long term vision: Fibre to the Home/ Business .................34
February 11, 2022
52
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Table of Contents (continued)
Recommendation 3: Initial Fibre Build to Radio Towers........................................35
Recommendation 4: Extend fibre connectivity to areas of interest / municipal
locations....................................................................................................38
3.3 Governance / Funding Options..............................................................................39
3.3.1 Ontario Connects: Ontario's Accelerated High -Speed Internet Program 39
3.3.2 County Owned..........................................................................................40
3.3.3 P3 approach..............................................................................................41
3.3.4 Direct Subsidy Approach..........................................................................41
3.3.5 Facilitate Private Sector Investment.........................................................42
3.3.6 Status Quo................................................................................................42
3.4 Guiding Policies.....................................................................................................43
3.4.1 Guiding Policies: .......................................................................................
43
3.4.2 Technology Options Analysis....................................................................43
List of Figures
Figure 2-1: Elgin County Fixed Wireless Towers............................................................... 13
Figure 2-2: Current State of Broadband Infrastructure within West Elgin ......................... 15
Figure 2-3: Current Understanding of Served and Underserved Areas within West Elgin 16
Figure 2-4: Current State of Broadband Infrastructure within Dutton Dunwich ................. 17
Figure 2-5: Current Understanding of Served and Underserved Areas within Dutton
Dunwich........................................................................................................... 17
Figure 2-6: Current State of Broadband Infrastructure within Southwold .......................... 18
Figure 2-7: Current Understanding of Served and Underserved Areas within Southwold 19
Figure 2-8: Current State of Broadband Infrastructure within Central Elgin ...................... 20
Figure 2-9: Current Understanding of Served and Underserved Areas within Central Elgin
......................................................................................................................... 20
Figure 2-10: Current State of Broadband Infrastructure within Malahide .......................... 21
Figure 2-11: Current Understanding of Served and Underserved Areas within Malahide 22
Figure 2-12: Current State of Broadband Infrastructure within Bayham ............................ 23
Figure 2-13: Current Understanding of Served and Underserved Areas within Bayham.. 23
February 11, 2022
53
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Table of Contents (continued)
List of Appendices
Appendix A — In -Process/ Potential Fibre Builds in Elgin County
Appendix B — Internet Service Providers and Technologies
Appendix C — Maps of Fibre Connectivity to Areas of interest / municipal locations
February 11, 2022
54
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Executive Summary
Access to the internet is driving social and economic progress on a transformational scale. Elgin
County residents rely on access to reliable, affordable, high-speed internet to participate in
essential aspects of society. The COVID-19 pandemic has highlighted the need for internet
access to support personal and professional communications, to allow residents to apply for
jobs, receive education and do homework and to access government services. Businesses
need reliable and affordable high speed internet access in order to grow and flourish, and the
County has taken an active role, through the Connectivity Committee to focus on challenges that
need to be addressed relating to (i) Availability, (ii) Affordability, (iii) Speed and (iv) Awareness.
This report provides an in-depth assessment of the current state of internet access within the
County and goes on to explore several options for the County to consider as steps to address
the challenges that currently exist. Technical options, namely fibre optic and wireless
infrastructure are presented along with conceptual cost estimates related to investing in this
infrastructure are presented. Recommendations have been provided in terms of appropriate
next steps for the County to consider to address the connectivity challenges that have been
identified.
It is noted that as this report was being finalized the Ontario government has launched the
provincial Ontario Accelerated High Speed Internet Program (OAHSIP), also know as Ontario
Connects. Details regarding the specific details and timing of the Ontario Connects program are
emerging as this report is being finalized (December 2021). This program, and outcomes of
planned reverse auctions planned for mid 2022 to allocate provincial broadband subsidies have
the potential to substantially impact the recommendations presented in this report. We have
provided commentary regarding the expected impact of the Ontario Connects program with each
recommendations.
Current State
The current state assessment detailed herein reviews available information and datasets relating
to ISP and Internet speeds in Elgin County. Best efforts have been made to collect as much data
as possible within the project scope and time frame, with independent 3rd party data sources
used to provide a composite picture of the current state of broadband infrastructure in the
County over the time period of June and July, 2021.
The initial current state review finds that 53.4% of premises are served, while 32.1 % are
underserved based on the CRTC minimum broadband speeds of 50 Mbps download and 10
Mbps upload. Roughly 14.5% of premises require further investigation.
While just over half of County premises are served with minimum broadband speeds, the gap to
meet minimum speeds for underserved areas is challenging with roughly 1,500 km of
underserved road segments, or roughly 71 % of County road segments.
The following Table 1-1 summarizes the key broadband metrics for the County:
February 11, 2022 55
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Table 1-1 Elgin County Broadband Key Metrics
flufllll1�r! ll�0u��i�J�y +�iii1
��i II�� i��+
Wl�Uailllu��» it �lI i� T
Served
9884
53%
442
20%
Underserved
5940
32%
1563
71 %
Further
2673
15%
188
9%
Investigation
Total:
18497
100%
2193
100%
Options
County Wide Fibre Deployment
The County -Wide Fibre Deployment option involves the deployment of buried and aerial
backbone fibre along all County roads in un/underserved areas of the County, with drops
installed to each premise, (home/business), connecting to the network.
The benefits of this infrastructure are primarily that premises are connected via fibre optic cable,
providing a secure access, with highest possible speeds, and that the connection is future -
proofed, to the extent that with updated electronics in the future, speeds could be further
increased. Based on the performance and longevity of existing fibre optic infrastructure that has
been deployed globally, it would be expected that a fibre optic infrastructure would have a useful
life of 30 years or greater.
The drawbacks of this option are primarily related to the option's high costs, estimated to be
between $100M and $107M.
Fibre Backbone and Fixed Wireless
This option is comprised of deploying fibre backbone to connect 12 tower sites across the
County that would provide suitable wireless coverage, and then utilizing radio technology to
connect premises within each tower's coverage area. Premises along the fibre paths would be
served with fibre.
The benefits of such an approach are primarily financial, with costs in the $3.6 to $7M range
underscored by shorter deployment timelines. The drawbacks relate to upgradability of the
system to higher speeds in the future, as well as the potential for signal degradation based on
the density of foliage as well as other environmental factors.
Recommendations
[All recommendations are presented here in draft subject to review and feedback from the Elgin
County Connectivity Committee]
Recommendation 1: Advocacy, Strategic Purchasing & ISP Coordination
As a best practice, it is recommended that the County takes on a role of facilitating and
advocating for investment in broadband infrastructure both from private industry as well as other
levels of government. The County does not make a direct financial contribution to constructing
infrastructure under this recommendation, but rather looks to encourage cooperation,
partnerships and facilitate the investment through approaches such as the facilitation of
economic development and collaboration forums, removing financial or municipal approval
challenges to planning and permitting of fibre optic and radio tower infrastructure, as well as
leveraging and coordinating the current connectivity requirements.
February 11, 2022 56
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
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It is expected that 1 additional senior staff full time equivalent (FTE) would be required from the
County to provide strategic leadership, facilitate coordination and collaboration forums, and lead
the advocacy initiatives with other levels of government. While a staff role is preferred, this role
could also be assumed by a contractor/ consultant until recruitment and hiring can take place.
Impact of Ontario Connects program: This recommendation is aligned
and an important action as the Ontario Connects program proceeds through
various stages of funding allocations and ISP selections(s).
Budgetary Costs: 1 senior staff FTE salary
Underserved Premises Connected: N/A
Expected Timing: Immediately
Recommendation 2: Long term vision: Fibre to the Home/ Business
We recommend the County adopt a long term vision of achieving a fibre to the home
infrastructure for its residents and business. This vision provides the best long term benefits for
residents and businesses and strategically positions the County for economic development
growth, attracting and retaining businesses and residents. We recognize that this vision may not
be immediately affordable for the County and may take many years to budget and implement.
The Ontario Connects program may provide a significant benefit to advance the implementation
of this recommendation.
Budgetary Costs: $107,074,000
Underserved Premises Connected: 7120
Expected Timing: 5-10 years, depending on timing of available funding
Impact of Ontario Connects program: This recommendation is aligned
with the long term strategy and expected outcomes of the Ontario Connects
program and it would be expected that significant funding could be secured
through this program to accomplish this recommendation
February 11, 2022 57
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Recommendation 3: Initial Fibre Build to Radio Towers
We have identified several options in each municipality for the County to invest in a hybrid fibre/
wireless approach to improve broadband connectivity in the County. This hybrid approach would
involve the implementation of a fibre optic infrastructure from high density areas (e.g. served)
extending along roadways to connect radio towers and residents along the fibre route to high
speed services. A further analysis of the County's existing water tower infrastructure indicates
that these towers may be a suitable substitute to colocation on some 3rd party towers or any new
radio tower construction.
This approach is the recommended first step for the County to prioritize to improve broadband
connectivity, subject to the outcomes that will be achieved by the Ontario Connects program.
Impact of Ontario Connects program: The Ontario Connects program
would supersede the expected outcomes of this recommendation and
therefore the implementation of this program should be deferred until
outcomes of the Ontario Connects program are further understood, in mid-
year 2022.
Budgetary Costs: $7,033,120
Underserved Premises Connected: 7120
Expected Timing: 3 years
Recommendation 4: Extend fibre connectivity to areas of interest / municipal
locations
This recommendation builds on recommendation 3 above and would provide for additional fibre
optic connectivity to residents and businesses along the proposed fibre path, as well as
achieving connectivity to municipal locations and land identified for future development to
support specific economic development objectives. Please refer to the maps provided in
Appendix C for additional details regarding this recommendation
Impact of Ontario Connects program: The Ontario Connects program
would supersede the expected outcomes of this recommendation and
therefore the implementation of this program should be deferred until
outcomes of the Ontario Connects program are further understood, in mid-
year 2022.
Budgetary Costs: $10,761,120
(This is an incremental $3,728,000 in costs relative to Recommendation 3.)
Underserved Premises Connected: 7120
Underserved Premises Connected: 785
Expected Timing: 1-3 years
February 11, 2022 58
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Funding Options
This report identifies a number of federal and provincial grant funding options, along with various
project structures (County Owned, Direct Subsidy, P3 with private investment) that may be
considered to facilitate and manage the investment in broadband infrastructure.
All of the funding options identified in this report are somewhat superseded by the
announcement of the provincial Ontario Accelerated High Speed Internet Program (OAHSIP),
[Ontario Connects Program].
Note that at the time of writing this report, the Ontario Connects program was initially announced
with program objectives as follows:
• Facilitate speed of delivery of high-speed internet services and 100% coverage at a
minimum service level of 50/10 Mbps for approximately 700,000 unserved or
underserved homes by the end of 2025
• Leverage existing utility infrastructure and rights of way to reduce required subsidies and
compress delivery timelines
• Attract broad market participation of quality counterparties that is inclusive of smaller
and local players
• Ensuring infrastructure lasts and can be upgraded as needed
The program has committed $413 to connect every region in Ontario to reliable, high speed
internet by the end of 2025. It is expected to support accelerated broadband expansion in the
Province. While little detailed information is known, the Province has stated that the process will
enable Internet Service Providers (ISPs) to bid for provincial subsidies through a series of
reverse auction events, with winning bids meeting the defined coverage and deployment
requirements at the most reasonable price.
The program in very early stages of formulation, and few details are known regarding the
eligibility for ISPs and/or municipalities to participate directly in the program.
Benefits and Risks
The program announcement represents the most amount of funding that any provincial
government has committed to improving broadband connectivity. The reverse auction process
that is described would tend to favor incumbent ISPs with existing infrastructure in the County
that can cost-effectively compete for subsides in a reverse auction subsidy format. If successful,
the program would provide a significant incentive to existing ISPs to invest in infrastructure to
serve all underserved areas of the County.
Risks of the program include the ability of the program to have sufficient budget fund
connectivity to all underserved areas in the County, the ability of small and medium size local
ISPs to participate in the program due to the level of financial commitments from ISPs that are
required, as well as the province's ability to execute on the program in the stated timeframe.
Since little detailed information regarding this program is known, we continue to describe other
funding solutions in the following sections, assuming that they may be required in a coordinated
and complementary fashion to fund areas within the County where the Ontario Connects
program may not be eligible or have sufficient funding budget to adequately address.
Guiding Principles
It is recommended that the County adopt a set of guiding principles that will help shape
recommendations and next steps. These guiding principles would include:
February 11, 2022 59
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
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1. The County does not want to duplicate the investments of the private sector and will
therefore look to make investments in geographic areas where the private sector has not
invested and has no short-term plans to invest.
2. The County will work collaboratively with private ISPs that operate, or plan to operate
within the County to ensure that investment barriers within the County's control are
removed, and that the County's objectives with respect to improved connectivity for
residents and business is know and understood by all parties.
3. The County will work closely with all levels of government, both lower tier and upper tier
to ensure that strategies with respect to grant funding to support infrastructure
investment in the County are aligned and coordinated.
4. The County's investments are utilized to remove the barriers of investment and market
entry for all ISPs and create a level playing field that encourages retail competition. All
ISPs will be able to access County funded investments on equal open access terms and
conditions.
The County has several alternatives to consider as it considers next steps. It is important to
keep in mind that the County must make some determinations on the degree it can afford to
invest, while at the same time weighing the socio-economic benefits of investment and benefits
to the County in terms of economic development, attraction and retention of businesses and
residents.
While a county wide fibre optic infrastructure is the long-term vision, this may need to be
considered over many years to be affordable as a direct investment by the County.
February 11, 2022 60
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2 Current State Assessment
This section of the report provides an overview and understanding of the current state of
broadband in Elgin County.
2.1 Summary of Data Sources
Data for this analysis was sourced from federal, provincial, and local agencies. The agencies
and their respective datasets are identified and explained below:
A. Innovation, Science and Economic Development Canada (ISED) — Federal —
Governmental
ISED maintains the datasets used for evaluation of broadband service across the country. The
data extracted for this report was available in two formats, hexagonal polygons and road
segment polylines. The hexagonal data was used to show coverage maps of Internet Service
Providers and the technologies they used. The road segment data gave more detailed insight
into Data Speed Classification throughout the county, mapping each road in 250m sections.
The following data was reviewed from ISED:
a. Data Speed Classification — Hexagon
b. Data Speed Classification — 250m Road Segments
C. Internet Service Provider (ISP) provided data
d. Available Communication Technologies
B. Ontario Data Catalogue — Provincial - Governmental
The Province of Ontario maintains an extensive GIS database. For this report, point address,
municipal border, road and highways, railway, land use classification and other broad economic
data was used to verify data from other sources.
C. County of Elgin — Local — Governmental
The County provided an extensive dataset for the purpose of this report. Administrative
Boundaries, Roads and Highways, Railways, Existing telecommunication lines and tower
infrastructure (Partial), Municipal Buildings, Land -Use Types, Parcel Map, Civic Address Points.
Additionally, the result dataset of a local broadband survey that was completed in 2020 was
provided for analysis.
The County also provided a list of In-Process/Potential Fibre Builds in Elgin County. See
Appendix A for a complete list recently updated in July 2021. While this list is not exhaustive, it
is understood to capture most of the known or planned activity as of the date received.
D. Southwestern Integrated Fibre Technology (SWIFT) — Local/Regional initiative
funded by three levels of government
SWIFT provided insight into current and future broadband projects that are planned within the
County borders. This information is also available on their website at:
https://swiftruralbroadband. ca/projects/approved-projects/
E. Regional and Rural Broadband — (R2132) — Federal - Non -Profit
R2132 provided summaries of their historic broadband related survey results from the region.
Notably, it was not in a spatially presented format due to data privacy barriers.
Local Resources
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Various sets of data and information were shared from local residents. This data includes
a visually conducted inventory of radio towers with estimated ranges and anecdotal
reports of known and lacking infrastructure. The information was interpreted and used to
estimate current state, for use when classifying broadband status by County.
All available data noted above was used in the review of the County's current state assessment.
2.2 Analysis Methodology
2.2.1 Overview
The datasets were collected and applied to a spatial project for evaluation, data verification, and
analysis. The datasets were vetted for duplication of attributes, over -complexity, and accuracy. If
multiple datasets were available with overlapping data, they were cross verified to confirm
validity and one "master" dataset was selected. Once the data was deemed acceptable, a review
and analysis were performed.
2.2.2 Data Deficiencies
There is a level confidence in the data used for review and analysis. However, it is important to
note that not all the data provided will be accurate. The following potential shortcomings have
been noted:
ISED Hexagons
There are industry known limitations to the ISED published hexagon data. If there is one data
point within the predefined polygon then it becomes a positive data point. For example, if all
residents have <50Mbps download, but one resident within the polygon has 50Mbps+ download,
then the polygon is counted as served. For this reason, the road network level data for Internet
speeds is used for analysis. For all other datasets (such as provider or technology data) the
hexagon is used.
Internet Speed Tests
County residents were asked to confirm Internet speeds as part of the County's broadband
survey. The results provided by residents were independent and cannot be confirmed to be
accurate. A challenge with these self tests is that there could be limitations unknowingly imposed
by the resident to limit speeds. For example, residents may be running their test device off a
home Wi-Fi network that limits speeds or perhaps not set up in a favourable location.
Number of Speed Test
205 speed test results were received. Given there are 21,116 premises on record in Elgin
County, this translates to less than a 1% response rate. This is a low rate when considering an
analysis.
There is an ongoing follow up Internet speed test survey to supplement this report. It is
anticipated to be complete by August 6, 2021.
Fixed Wireless Radio Towers
Fixed wireless solutions have provided many with access to broadband. However, fixed wireless
comes with limitations and is generally not consider an ultimate solution to meet CRTC
standards. Limitations include the following:
- Radio transmission challenges across varying topology and existing foliage within the
County may limit data transmission rates;
- Towers may not have high capacity backhaul to support all users from a single tower;
- Number of active users on a single radio tower often create bottle necks for network
equipment at the tower location.
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As such, tower location and advertised subscriber data rates cannot be taken at full value and
presents it challenging to confirm broadband information for those who have access to fixed
wireless radio solutions.
2.3 Data Review
The following section provides a summary of the relevant data and information gathered from
the data sources noted above.
The current state of broadband within Elgin County was evaluated by assessing the available
data and correlating the data for a detailed look at what areas of the County are served and what
areas of the County are not served.
The Canadian Radio -television and Telecommunications Commission (CRTC) has set a target
of 50 Mbps upload and 10 Mbps download for fixed Internet service to be classified as served.
For purposes of this report, this target also applies. Anything less is deemed to be underserved.
The following table provides further clarity.
Table 2-1: Broadband Classification
uu Na Na uu a„, uu
Less than or equal to 50 Mbps
Nayr uu . uu
Less than or equal to 10 Mbps
111l!!!1++��JfjJ Ill�illul(O�uiiilluall 111 ii�VilillN/l
Underserved
Less than or equal to 50 Mbps
Greater than or equal to 10 Mbps
Underserved
Greater than or equal to 50 Mbps
Less than or equal to 10 Mbps
Underserved
Greater than or equal to 50 Mbps
Greater than or equal to 10 Mbps
Served
The following sections provide a summary of findings and analysis that will be used in
determining next steps.
2.3.1 Internet Service Providers & Technologies
The following Table lists Internet Service Providers operating within the county and their
respective technologies for broadband delivery, based on ISED data:
Table 2-2: ISP and Associated Available Technologies
Fixed Wireless
High Capacity Transport Services
Bell
Mobile Wireless
DSL
Fibre to the home
Cogeco Connexion
Fibre to the home
Coaxial Cable
Eastlink
High Capacity Transport Services
DSL
Execulink
Fixed Wireless
Falcon Internet Services
Fixed Wireless
Freedom Mobile
Mobile Wireless
KWIC Internet
Fixed Wireless
NFTC
Fibre to the home
February 11, 2022 63 12
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Present
High Capacity Transport Services
High Capacity Transport Services
Rogers
Coaxial Cable
Mobile Wireless
TekSavvy Solutions
Fixed Wireless
TekSavvy Solutions
High Capacity Transport Services
Telus
Mobile Wireless
Xplornet
Fixed Wireless
Satellite
See Appendix B for detailed maps of ISP and Technology coverage by provider and type. While
these maps should not be considered to be an exhaustive representation, it is deemed to be
reliable as of the date of the information provided by Industry Science and Economic
Development Canada
2.3.2 Fixed Wireless Radio Towers
There are several fixed -wireless radio towers within the borders of Elgin County. Mobile wireless
towers are not considered in this review because this is a considered a separate function and
not within the classification of fixed broadband solutions. This dataset was compiled from various
sources and the tower transmission range should be used for illustration purposes only, as it
does not factor any environmental conditions.
,.
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Figure 2-1: Elgin County Fixed Wireless Towers
2.3.3 Served and Underserved Premises
The following maps and commentary are broken out by each lower -tier municipality. The details
provided include:
February 11, 2022 64 13
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- Current understanding of fixed wireless tower infrastructure;
- Current understanding of known fibre optic cable infrastructure;
- ISED road classification compared to Internet speed survey results;
- Confirmed premises meeting CRTC minimum broadband speed standards;
- Current understanding of served and underserved areas based on road segments;
- Numbers and percentages of served and underserved based on premises and road
segment lengths.
Discussion on each municipality follows the figures. Key metrics to be carried over into
subsequent sections of this report are the number and percentage of premises and road
segment lengths considered served versus underserved. This information will enable an
understanding of the magnitude of the broadband challenge, help provide cost estimates, and
ultimately strategies on how to address the gaps.
It is understood that the most effective way to validate the various datasets is to have local site -
specific data speed tests. The previously completed survey results have been used to validate
the datasets. By validating Elgin County survey results against ISED road segments, a picture of
the true broadband status throughout the county has been developed.
A percentage has been identified as requiring further investigation. Reasons for this include the
following:
- Conflicting known infrastructure data, ISED data, and local Internet speed test results;
- Conflicting data regarding current or future infrastructure in the area;
- Actual ability of infrastructure owners to provide services along "backhaul" or "feeder" routes;
- Anecdotal reports of lacking service or lacking infrastructure.
Municipality of West Elgin
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Figure 2-2: Current State of Broadband Infrastructure within West Elgin
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Figure 2-3: Current Understanding of Served and Underserved Areas within West Elgin
West Elgin primarily has fibre optic infrastructure in and between the communities of West
Lorne, Rodney, and New Glasgow. There are a number of fixed wireless towers in and just west
of the municipality that serve residences and businesses as well.
Correlating ISED and Internet speed test data, premises along the path of fibre infrastructure are
confirmed to meet CRTC broadband minimum speeds. Future SWIFT funded NFTC fibre build is
considered to meet the minimum speeds as well.
Areas theoretically covered by fixed wireless towers do not meet the CRTC speed minimums.
This is validated with local speed test results.
For perceived underserved areas in the municipality, ISED data is confirmed against the local
survey data that properly represents the underserved area.
Confirmed served premises account for 67.7% of total premises, while underserved premises
represent 32.1 % of total premises. 0.2% requires further investigation.
Based on road segment lengths, 21.6% is considered served while 77.8% is considered
underserved. 0.6% requires further investigation.
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Municipality of Dutton Dunwich
Figure 2-4: Current State of Broadband Infrastructure within Dutton Dunwich
�.' 7 2; 1%
Jtuo 4 ,f41� 41M
_........... .........--
f -0, K.,,p;d%
Figure 2-5: Current Understanding of Served and Underserved Areas within Dutton Dunwich
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Dutton Dunwich primarily has fibre optic infrastructure in and between the communities of Dutton
and Wallacetown. There is additional fibre that extends out from these communities, and
includes committed fibre builds funding by SWIFT. There are several fixed wireless towers in
and just west of the municipality that serve residences and businesses as well.
Correlating ISED and Internet speed test data, premises along the path of fibre infrastructure
provide confidence that residences and business have access to CRTC broadband minimum
speeds.
Areas theoretically covered by fixed wireless towers do not meet the CRTC speed minimums.
This is validated with local speed test results.
For perceived underserved areas in the municipality, ISED data is confirmed against the local
survey data that properly represents the underserved area.
Confirmed served premises account for 62.6% of total premises, while underserved premises
represent 37.4% of total premises. 0% requires further investigation.
Based on road segment lengths, 20.6% is considered served while 79.4% is considered
underserved. 0% requires further investigation.
Township of Southwold
Figure 2-6: Current State of Broadband Infrastructure within Southwold
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Totall Premise, Count .... � 8
Figure 2-7: Current Understanding of Served and Underserved Areas within Southwold
There is limited broadband within the boundaries of Southwold. Connectivity primarily is
comprised of fixed wireless radio towers of which there is no premises with minimum Internet
speeds confirmed. There is committed SWIFT funded fibre infrastructure being built around Iona,
Iona Station, and Lawrence Station.
Correlating ISED and Internet speed test data, there are pockets of areas considered served
outside of St. Thomas and Port Stanley. There is conflicting data in communities of Fingal and
Shedden.
Areas theoretically covered by fixed wireless towers do not meet the CRTC speed minimums.
This is validated with local speed test results.
Confirmed served premises account for 38.4% of total premises, while underserved premises
represent 39.6% of total premises. 22.0% requires further investigation.
Based on road segment lengths, 19.2% is considered served while 75.4% is considered
underserved. 5.4% requires further investigation.
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Municipality of Central Elgin
Figure 2-8: Current State of Broadband Infrastructure within Central Elgin
Central Elgin Premise
Figure 2-9: Current Understanding of Served and Underserved Areas within Central Elgin
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Central Elgin primarily has physical broadband infrastructure in and between the communities of
Port Stanley, Union, heading into St. Thomas. There is also infrastructure east -west between
Lawton's Corner and Sparta.
Correlating ISED and Internet speed test data, premises along the path of physical broadband
infrastructure provide confidence that residences and business have access to CRTC
broadband minimum speeds.
Areas theoretically covered by fixed wireless towers do not meet the CRTC speed minimums.
This is validated with local speed test results.
For perceived underserved areas in the municipality, ISED data is confirmed against the local
survey data that properly represents the underserved area.
Confirmed served premises account for 72.0% of total premises, while underserved premises
represent 23.5% of total premises. 4.5% requires further investigation.
Based on road segment lengths, 28.1% is considered served while 67.7% is considered
underserved. 4.2% requires further investigation.
Township of Malahide
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F knvaf Brroadbamid mliwinuw mi
Figure 2-10: Current State of Broadband Infrastructure within Malahide
February 11, 2022 72 21
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i
Prerrise Distribution In Madalhide
Malahlide Premise
Total Premise Count 3830
Served
... ...., ....,
tr
'221,1114
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Total Road l n h (Kni,)_
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Served ..................................................
Eck ..._,.
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Figure 2-11: Current Understanding of Served and Underserved Areas within Malahide
The Township of Malahide has fibre optic infrastructure spurring out of Aylmer. Notably
infrastructure down into Port Bruce, into Fairview, and up into Lyons. There are several fixed
wireless towers in and around the Township that serve residences and businesses as well.
Correlating ISED and Internet speed test data, premises along the path of fibre infrastructure
provides minimal confidence that residences and business have access to CRTC broadband
minimum speeds.
Areas theoretically covered by fixed wireless towers do not meet the CRTC speed minimums.
This is validated with local speed test results.
For perceived underserved areas in the municipality, ISED data is confirmed against the local
survey data that properly represents the underserved area.
Confirmed served premises account for 22.1 % of total premises, while underserved premises
represent 42.8% of total premises. 35.1 % requires further investigation.
Based on road segment lengths, 8.1 % is considered served while 68.0% is considered
underserved. 23.9% requires further investigation.
February 11, 2022 73 22
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Municipality of Bayham
l
anmi
StateFigure 2-12: Current ofBroadband
VW
Figure 2-13: Current Understanding of Served and Underserved Areas within Bayham
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The Municipality of Bayham primarily has fibre optic infrastructure in and between the
communities of Port Burwell, Vienna, and Straffordville. There is additional fibre that extends out
from these communities as well. SWIFT has a confirmed funded fibre build in and around North
Hall and Corinth. There are several fixed wireless towers in and around the municipality that
serve residences and businesses as well.
Correlating ISED and Internet speed test data, premises along the path of fibre infrastructure
provide confidence in some areas that residences and business have access to CRTC
broadband minimum speeds. The exception here is the route between Vienna and Straffordville
and the fibre path running west out of Straffordville. Internet speed test data conflicts ISED road
network data in these cases.
Areas theoretically covered by fixed wireless towers do not meet the CRTC speed minimums.
This is validated with local speed test results.
For perceived underserved areas in the municipality, ISED data is confirmed against the local
survey data that properly represents the underserved area.
Confirmed served premises account for 62.6% of total premises, while underserved premises
represent 37.4% of total premises. 0% requires further investigation.
Based on road segment lengths, 20.6% is considered served while 79.4% is considered
underserved. 0% requires further investigation.
County Summary
Premises served vs. underserved and served area by road segments are two key metrics to
further review. The following table provides a summary of served and underserved premises in
Eglin County.
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West Elgin
1655 67.7%
785 32.1 %
6 0.2%
Dutton Dunwich
1194
62.6%
712
37.4%
0
0.0%
Southwold
787
38.4%
811
39.6%
450
22.0%
Central Elgin
3975
72.0%
1296
23.5%
249
4.5%
Malahide
846
22.1 %
1639
42.8%
1345
35.1 %
Bayham
1427
51.9%
697
25.4%
623
22.7%
County Total
9884
53.4%
5940
32.1 %
2673
14.5%
'Totals do not equal 100% because there are areas that have been identified as requiring further investigation.
February 11, 2022 75 24
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The following table provides a summary of served and underserved areas of the County based
on length of road segment.
West Elgin
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Dutton Dunwich
69.7 km
20.6%
268.4 km'
79.4%
0.0 km
0.0%
Southwold
67.5 km
19.2%
264.6 km
75.4%
19.0 km
5.4%
Central Elgin
109.2 km
28.1 %
263.5 km
67.7%
16.5 km
4.2%
Malahide
35.4 km
8.1%
296.7 km
68.0%
104.1 km
23.9%
Bayham
81.0 km
26.1 %
183.3 km
59.1 %
46.0 km
14.8%
County Total
442.1 km
20.2%
1563.0 km
71.3%
187.8 km
8.6%
The above two tables indicate that roughly 53.4% of the County has access to Internet speeds of
at least 50 Mbps download and 10 Mbps upload. On the other hand, roughly 32.1 % of County
premises do not have access to minimum broadband speeds.
In contrast, roughly one third of premises underserved account for more than 70% of the County
geographic area as represented by length of road. This is reflective of the rural broadband
challenges that the County is facing.
The Township of Aylmer was reviewed for broadband services and deemed to be served.
3 Options Analysis and Recommendations
3.1 Technical Options
3.1.1 County Wide Fibre Deployment
Further investigation of the suspect areas enabled the requalification of all road segments and
premises to either "Served" or "Under -Served".
The County -Wide Fibre Deployment option involves the deployment of buried and aerial
backbone fibre along all County roads in un/underserved areas of the County, with drops
installed to each premise, (home/business), connecting to the network.
The benefits of this infrastructure are primarily that premises are connected via fibre optic cable,
providing a secure access, with highest possible speeds, and that the connection is future -
proofed, to the extent that with updated electronics in the future, speeds could be further
increased. Based on the performance and longevity of existing fibre optic infrastructure that has
been deployed globally, it would be expected that a fibre optic infrastructure would have a useful
life of 30 years or greater.
The cons of such an approach are primarily related to the option's cost.
February 11, 2022 76 25
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IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
3.1.2 Fibre Backbone to Fixed Wireless Locations
This option is comprised of deploying fibre backbone to connect 12 tower sites across the
County that would provide suitable wireless coverage, and then utilizing radio technology to
connect premises within each tower's coverage area. Premises along the fibre paths would be
served with fibre.
The benefits of such an approach are primarily financial, underscored by shorter deployment
timelines. The cons relate to upgradability of the system to higher speeds in the future, as well
as the potential for signal degradation based on the density of foliage as well as other
environmental factors.
For evaluation purposes, the ISED database was scanned to provide a list of all towers within
Elgin County. The data provided tower height, spatial position, and owner. It was assumed that
towers owned by service providers such as TekSavvy, Xplornet, and others are likely used to
provide wireless broadband, and therefore, to position new antennas on those towers, would not
have any impact on advancing towards the goal of expanding broadband coverage. 12 cellular
towers (detailed in the following table), dispersed across the county, were then selected from
which to model wireless broadband coverage.
Total
Percent
Owner
Tower
Owner
Google Earth
Tower
Antenna
Antenna
Antennas
Tower I D. i'
Latitude
Longitude s
Height
Structure Type
1Company
Count
Counl
on Tow
3
42.55138889
-81.76555556
60m
KDSS
Rogers Communications
Canada Inc.
2
2
1
6
42.58972222
-81.67583333
60m
Guyed
Rogers Communications
Canada Inc.
8
8
1
10
42.62986111
-81.37727778
65m
KDSS
Rogers Communications
Canada Inc.
2
2
1
12
42.63944444
-81.55611111
61m
KDSS
Rogers Communications
Canada Inc.
2
2
1
13
42.66111111
-80.78194444
90m
Guyed
Rogers Communications
Canada Inc.
8
12
0.6667
15
42.66472222
-81.00027778
80m
KDSS
Rogers Communications
Canada Inc.
2
2
1
19
42.67833333
-81.235
80m
Silo
Rogers Communications
Canada Inc.
2
2
1
23
42.70666667
-81.52
62 m
Guyed
Bell Mobility Inc.
8
8
1
31
42.76111111
-80.93388889
80 m
Guyed
CHPD RADIO
1
1
1
38
42.77202778
-81.00161111
45m
Monopole
Rogers Communications
Canada Inc.
4
4
1
52
42.79066667
-81.27952778
91 m
Guyed
Bell Mobility Inc.
6
6
1
55
42.79527778
-80.8075
90m
Guyed
Rogers Communications
Canada Inc.
18
18
1
The towers were then connected, via fibre optic connections, run from the nearest served area,
and premises counted along the serving fibre routes, as identified in the following table.
February 11, 2022 79 28
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
1 �N� IIII � °
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West Elgin
Tower 06
2,129
7
West Elgin
Tower 10
7,634
20
Dutton/Dunwich
Tower 12
4,392
17
Dutton/Dunwich
Tower 13
1,630
2
Bayham
Tower 15
158
0
Malahide
Tower 19
3,159
0
Southwold
Tower 23
5,797
10
Dutton/Dunwich
Tower 31
4,802
107
Malahide
Tower 38
1,677
0
Malahide
Tower 52
8,143
116
Southwold
Tower 55
3,686
17
Bayham
TOTAL 50,002 316
A conservative RF propagation model was built, based on 5.8GHz radios, with omni-directional
antennas placed at the tops of the towers, for simplicity. Coverage predictions were then run,
using the Radio Mobile online tool, with receive omni-directional, 9 dBi antennas mounted at an
elevation of 5m, simulating rooftop antenna mounts.
111 �e �,"i
�, �� ��a,
February 11, 2022 80 29
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Coverage from the 12 towers was found to blanket the majority of the County, with the exception
of the far north end of Malahide, and the Belmont area. By finding a suitable site in the Belmont
area, and establishing a 13th tower, coverage of the county was significantly enhanced. For the
purposes of this report, a new tower in close proximity to the Belmont water tower site was
chosen, with a 32m tower modeled, as depicted below.
February 11, 2022 81 30
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IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Summarizing all costs by Take Rate, including fibre to connect towers and premise connection
costs, it can be seen in the following table, that the cost of connecting all underserved areas
ranges from $3.7M @ 10% take rate, to approximately $7.1 M @ 100% take rate. More
dynamically, and perhaps at a rate more meaningful to individual constituents, the cost per
premise -connected varies from $5,178, to $988, as the take rate increases from 10% to 100%.
Total Capital Cost
Total Capital Cost/km
Total Capital Cost/Premise
3.1.1 Cost Summary
Cost estimates for both options are compared in the table below, with the more robust option
carrying the higher price tag.
Total Capital Cost
Total Capital Cost/km
Total Capital Cost/Premise
Total Capital Cost
Total Capital Cost/km
Total Capital Cost/Premise
ua�1�u�J �ll�1yV��UI��,�lllllllllO
$100,666,000
$103,514,000
$104,938,000
$107,074,000
$ 60,427
$
62,137
$ 62,992
$
64,274
$ 141,385
$
29,077
$ 21,055
$
15,038
$ 3,686,920
$
5,174,120
$ 5,917,720
$
7,033,120
$ 2,213
$
3,106
$ 3,552
$
4,222
$ 5,178
$
1,453
$ 1,187
$
988
Regardless of which option or combination of options is chosen, an additional 10% of total
capital should be planned for design and project management.
3.2 Recommendations
[All recommendations are presented here in draft subject to review and feedback from the Elgin
County Connectivity Committee]
Preface: Impact of Ontario Connects program
Details regarding the specific details and timing of the Ontario Connects program are emerging
as this report is being finalized (December, 2021). We have provided commentary regarding the
expected impact of the Ontario Connects program with each recommendation.
February 11, 2022 83 32
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Summary of Recommendations
The following table is provided to summarize the recommendations provided in this section, with
additional details provided regarding each recommendation:
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1
Advocacy,
1 Senior
N/A
Immediately
Aligned —will
Strategic
Staff FTE
provide
Purchasing & ISP
maximum value
Coordination
to the County
during this
program
2
Fibre to the Home/
$107M
7120
5-10 yrs.
Aligned: This
Business
program could
advice timing and
provide funding
3
Initial Fibre Build to
$7.OM
7120
3 yrs.
Overlap may
Radio Towers
need — delay or
cancel this
initiative pending
auction results
4
Extend fibre
$10.8M
7120
3 yrs.
Overlap may
connectivity to
need — delay or
areas of interest /
cancel this
municipal locations
initiative pending
auction results
Recommendation 1: Advocacy, Strategic Purchasing & ISP Coordination
As a best practice, it is recommended that the County takes on a role of facilitating and
advocating for investment in broadband infrastructure both from private industry as well as other
levels of government. The County does not make a direct financial contribution to constructing
infrastructure under this recommendation, but rather looks to encourage cooperation,
partnerships and facilitate the investment through approaches such as the facilitation of
economic development and collaboration forums, removing financial or municipal approval
challenges to planning and permitting of fibre optic and radio tower infrastructure, as well as
leveraging and coordinating the current connectivity requirements and spending of the (i) the
County, (ii) lower tier municipalities and (iii) MUSH sector agencies with service providers. This
coordination approach through procurement and strategic negotiations can help the County
achieve its long term broadband goals without direct financial investment in infrastructure or
subsidy programs.
It is expected that 1 additional senior staff full time equivalent (FTE) would be required from the
County to provide strategic leadership, facilitate coordination and collaboration forums, and lead
Impact of Ontario Connects program: This recommendation is aligned
and an important action as the Ontario Connects program proceeds through
various stages of funding allocations and ISP selections(s).
February 11, 2022 84 33
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
the advocacy initiatives with other levels of government. While a staff role is preferred, this role
could also be assumed by a contractor/ consultant until recruitment and hiring can take place.
Budgetary Costs: 1 senior staff FTE salary
Underserved Premises Connected: N/A
Expected Timing: Immediately
Recommendation 2: Long term vision: Fibre to the Home/ Business
We recommend the County adopt a long term vision of achieving a fibre to the home
infrastructure for its residents and business. This vision provides the best long term benefits for
residents and businesses and strategically positions the County for economic development
growth, attracting and retaining businesses and residents. We recognize that this vision may not
be immediately affordable the County and may take many years to budget and implement.
There is the opportunity with coordinated infrastructure planning and construction to cost share
the construction cost of fibre optic infrastructure with other County linear infrastructure such as
roads and municipal water/ wastewater systems in order to offset some of the construction costs
identified. The County should actively pursue all forms of advocacy both with ISPs as well as
higher tier levels of government in order to identify grant funding programs that will help
accelerate the implementation of this long term vision. The Ontario Connects program may
provide a significant benefit to advance the implementation of this recommendation.
Impact of Ontario Connects program: This recommendation is aligned
with the long term strategy and expected outcomes of the Ontario Connects
program and it would be expected that significant funding could be secured
through this program to accomplish this recommendation
Budgetary Costs: $107,074,000
Underserved Premises Connected: 7120
Expected Timing: 5-10 years, depending on timing of available funding
February 11, 2022 85 34
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Recommendation 3: Initial Fibre Build to Radio Towers
We have identified several options in each municipality for the County to invest in a hybrid fibre/
wireless approach to improve broadband connectivity in the County. This hybrid approach would
involve the implementation of a fibre optic infrastructure from high density areas (e.g. served)
extending along roadways to connect radio towers and residents along the fibre route to high
speed services. A further analysis of the County's existing water tower infrastructure indicates
that these towers may be a suitable substitute to colocation on some V party towers or any new
radio tower construction.
Elgin County Water Towers
Coverage predictions based on placing radios and antennas on the seven water towers, show
reduced coverage areas from those of the colocation towers, due to the reduced relative height
of the towers.
February 11, 2022 86 35
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
When overlaying coverage from the water towers on that from the previously proposed
colocation towers, it can be seen that by deploying radios on existing water towers, (typically
within served areas with connectivity readily available), the number of colocation towers required
to fill out coverage could be reduced by approximately 50%. The following depiction shows
coverage areas from water towers (W) and colocation towers (C).
February 11, 2022 87 36
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
As part of the detailed design phase, coverage predictions should be verified, based on radio
and antenna technologies selected. Coverage and signal strength will vary, based on the radio
technology, frequencies and use of higher -gain directional antennas, better focusing signals to
where they are needed. The reduction of colocation towers, reduces the monthly fees related to
tower space leases.
This approach is the recommended first step for the County to prioritize to improve broadband
connectivity, subject to the outcomes that will be achieved by the Ontario Connects program.
Impact of Ontario Connects program: The Ontario Connects program
would supersede the expected outcomes of this recommendation and
therefore the implementation of this program should be deferred until
outcomes of the Ontario Connects program are further understood, in mid-
year 2022.
Budgetary Costs: $7,033,120
Underserved Premises Connected: 7120
Expected Timing: 3 years
February 11, 2022 88 37
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Recommendation 4: Extend fibre connectivity to areas of interest / municipal
locations
This recommendation builds on recommendation 3 above and would provide for additional fibre
optic connectivity to residents and businesses along the proposed fibre path, as well as
achieving connectivity to municipal locations and land identified for future development to
support specific economic development objectives. Please refer to the maps provided in
Appendix C for additional details regarding this recommendation
Impact of Ontario Connects program: The Ontario Connects program
would supersede the expected outcomes of this recommendation and
therefore the implementation of this program should be deferred until
outcomes of the Ontario Connects program are further understood, in mid-
year2022.
Budgetary Costs: $10,761,120
Underserved Premises Connected: 7120
Note that there are $3,728,000 incremental fibre costs relative to Recommendation 3 as identified
in the table below:
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Malahide
Aylmer
— Richmond
74
5.57
$408,200
Malahide
Aylmer - Springfield
79
7.98
$557,800
Malahide
St. Thomas - Aylmer
68
2.54
$220,400
Central
Elgin
St. Thomas - Aylmer
172
9.66
$751,600
Central
Fairview Rd - Sparta
136
7.26
$571,600
Elgin
Southwold
Shedden — St. Thomas
128
8.02
$609,200
Southwold
Shedden — Talbotville Royal
128
8.02
$609,200
Totals
785
j 49.05
j $3,728,000
Underserved Premises Connected: 785
Expected Timing: 1-3 years
February 11, 2022 89 38
IBI GROUP
INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
3.3 Governance / Funding Options
The following sections describe the governance and funding options available for the County as
summarized in the figure below. We begin this summary with some preliminary information
regarding the Ontario Connects program
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3.3.1 Ontario Connects: Ontario's Accelerated High -Speed Internet Program
Note that at the time of writing this report, the Ontario Connects program was initially announced
with program objectives as follows:
• Facilitate speed of delivery of high-speed internet services and 100% coverage at a
minimum service level of 50/10 Mbps for approximately 700,000 unserved or
underserved homes by the end of 2025
• Leverage existing utility infrastructure and rights of way to reduce required subsidies and
compress delivery timelines
• Attract broad market participation of quality counterparties that is inclusive of smaller
and local players
• Ensuring infrastructure lasts and can be upgraded as needed
The program has committed $413 to connect every region in Ontario to reliable, high speed
internet by the end of 2025. It is expected to support accelerated broadband expansion in the
Province. While little detailed information is known, the Province has stated that the process will
enable Internet Service Providers (ISPs) to bid for provincial subsidies through a series of
reverse auction events, with winning bids meeting the defined coverage and deployment
requirements at the most reasonable price.
The program in very early stages of formulation, and few details are known regarding the
eligibility for ISPs and/or municipalities to participate directly in the program.
Benefits and Risks
The program announcement represents the most amount of funding that any provincial
government has committed to improving broadband connectivity. The reverse auction process
that is described would tend to favor incumbent ISPs with existing infrastructure in the County
that can cost-effectively compete for subsides in a reverse auction subsidy format. If successful,
February 11, 2022 90 39
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
the program would provide a significant incentive to existing ISPs to invest in infrastructure to
serve all underserved areas of the County.
Risks of the program include the ability of the program to have sufficient budget fund
connectivity to all underserved areas in the County, as well as the province's ability to execute
on the program in the stated timeframe.
Since little detailed information regarding this program is known, we continue to describe other
funding solutions in the following sections, assuming that they may be required in a coordinated
and complementary fashion to fund areas within the County where the Ontario Connects
program may not be eligible or have sufficient funding budget to adequately address.
3.3.2 County Owned
This scenario sees the County taking the initiative in making an investment in building fibre optic
networks to provide universal connectivity to all residents and business that are currently
underserved. The County would seek grant funding from higher levels of government (e.g.
Ontario and Canada) through programs such as ICON (Improving Connectivity for Ontario) and
the UBF (Universal Broadband Fund). The County would be expected to contribute a
percentage of project costs directly (usually 25% to 50%) as part of the conditions of the grant
funding program.
Recent (August 2021) funding announcements from the governments of Ontario and Canada
related to the ICON and UBF programs have committed the following amounts to fund $1.344B
in broadband projects. It is unclear of the amounts of funding provided from Ontario and
Canada, nor if the Ontario contribution is part of the $413 funding announced under the Ontario
Connects program.
North East Ontario
���UI�¢ulr��ill��p�����lVl�lllllr�
�uUm�lp�ur��
$170
North West Ontario
$148
Eastern Ontario
$362
Golden Horseshoe Region
$73
Central Ontario
$230
Telesat (Satellite)
$109
South West Ontario
$252
Total
$1,344
It is unclear at the time of writing the amount of funding that has been allocated for projects
within Elgin County.
Using County and lower -tier municipal operational connectivity requirements as will as working
closely with other public sector organizations, commonly referred to as the MUSH sector
(Municipalities, Universities, Schools and Hospitals) as a network anchor / backbone client,
these organizations could recover some of the upfront capital costs of construction through long
term savings on connectivity costs currently paid to 3rd party providers. By installing additional
conduit and fibre capacity at the time of construction, incremental extensions to the municipal
network can be made. The County would facilitate retail service deliver through partnerships
February 11, 2022 91 40
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
with retail and wholesale Internet Service Providers (ISPs) to enable the delivery of retail
telecommunications services to business and residents.
Benefits and Risks
This option provides the benefit of stimulating and increasing competition for broadband services
at a retail level. Incumbents may respond in the form of additional network investments and
capacity to maintain their existing market share. The County retains local control over its assets.
This model may not stimulate the wholesale / reseller telecommunications market (even if
wholesale services are offered at reasonable discounted rates) as some resellers may be wary
of trying to compete with the County for commercial and residential clients. Risks with this
model are both financial and operational. There is a high degree of risk in securing grant
funding from higher levels of government as the process to apply for grants is highly competitive
and available funding for grants is highly oversubscribed by the requests for grant funding that
are received.
The cost of construction presents a risk that can be managed through diligent procurement and
construction management, however there is a longer term risk of demand for retail services not
meeting initial forecasts, or competitive forces creating price pressure on retail services. This
may result in underutilized or stranded network investment in the longer term. The County does
not have the expertise to operate retail telecommunications services, so there is some risk in
terms of creating operational partnerships with ISPs willing to take on this role.
3.3.3 P3 approach
Under this scenario, the County would engage potential partners in the investment and
operations of the network by publishing long range plans and soliciting partner interest through a
Request for Proposal (RFP) process. Potential partners could participate in the form of
providing financing, construction and/or operational expertise to build and operate the network.
Depending on the nature of the partnership, the County may contribute to the partnership in the
form of capital contribution, long term commitments to purchase telecommunications services or
a combination of both. This model is more expensive than direct ownership of assets since
private sector partners will want to receive a return (profit) from their investments.
Benefits and Risks
This option has the benefit of leaving options open for the County that is unwilling to commit to a
build program or lacks the available capital to invest in broadband infrastructure. Partners may
bring needed construction and/ or operational expertise that the County may require for such a
network. This model creates a shared risk reward scenario for the County and the partner.
Risks involved with this approach include the ability to attract a suitable partner for various
reasons (size of the investment, market conditions, etc), as well as the risk of losing some local
control over the implementation of the network, uneven network coverage, etc. Since these
arrangements are normally over a period of 10 to 30 years in order to allow for investment
recovery and profit, it is important to ensure that long term vision of the partner is aligned with
the County to prevent partnership conflicts. Exit strategies for both the County and the partner
must be carefully thought through as part of forming the partnership.
3.3.4 Direct Subsidy Approach
This approach, modeled after the SWIFT program that is currently active in Elgin County would
have the County look to contribute one time funding to provide capital subsidies to existing ISPs
as an incentive to invest in the construction of broadband infrastructure that would connect areas
of the County that are currently underserved.
In this model, the County would allocate funds to be provided to service providers through a
procurement process that is focused on specific outcomes in geographic areas (e.g. premises
served, fibre route meters deployed).
February 11, 2022 92 41
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Benefits and Risks
This model differs from the County Owned model in that the County does not retain long term
ownership of the assets, nor has the obligations to maintain the assets over their asset life.
Risks of this approach include the County not having a long term control and little influence or
ability to ensure that service levels to residents and businesses are provided and affordable
pricing is maintained in the long term. In order to ensure that the Municipal Act is followed in
terms of unfairly biasing or subsidizing a private sector organization, this subsidy approach
would need to be done through an arms length origination such as SWIFT, of which Elgin
County is already a participating member.
It should be noted that the Ontario Connects program appears take a very similar approach with
the reverse auction subsidy model, with 7 year financial holdback provisions to have some
trailing influence to ensure that ISPs maintain commitments to service quality and pricing.
3.3.5 Facilitate Private Sector Investment
In this approach, the County takes on a role of facilitating and advocating for investment in
broadband infrastructure both from private industry as well as other levels of government. The
County does make a direct financial contribution, but rather looks to encourage cooperation,
partnerships and facilitate the investment through approaches such as the facilitation of
economic development and collaboration forums, removing financial or municipal approval
challenges to planning and permitting of fibre optic and radio tower infrastructure, as well as
leveraging and coordinating the current connectivity requirements and spending of the (i) the
County, (ii) lower tier municipalities and (iii) MUSH sector agencies with service providers,
providing this committed revenue stream as a mechanism to encourage ISP investment in
underserved areas. This coordination approach through procurement and strategic negotiations
can help the County achieve its long term broadband goals without direct financial investment in
infrastructure or subsidy programs.
Benefits and Risks
The primary benefit of this approach is that it can be executed with minimal incremental costs
and should be undertaken as a best practice from a strategic procurement as well as a County
economic development and advocacy perspective. Risks with this approach include that without
direct investment from the private sector and higher levels of government this approach is
unlikely to be successful, or result in a short term improvement. The County has little direct
influence or control of outcomes, service levels or timelines with this approach.
3.3.6 Status Quo
Under this scenario, the County would take a passive role, leaving investment in broadband
infrastructure to the private sector with any grant subsidies the private sector is able to secure
from higher levels of government. The County would continue to purchase the services it
requires from commercial telecommunications providers, at the broadband speeds and prices
currently available in the current marketplace without coordinating procurement efforts with other
public sector entities.
Benefits and Risks
This option has the benefit of no investment being required, however there is a risk that places
the County at comparative disadvantage in the long run if commercial telecommunications
providers do not make investments in fibre optic infrastructure to support the needs of the
County as well as local businesses and residents.
February 11, 2022 93 42
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Prepared for Elgin County
3.4 Guiding Policies
[All recommendations/ policies are presented as draft subject to review and feedback by County
Administration and the Elgin County Connectivity Committee]
In order to develop recommendations, it is important to ensure that there is a policy framework to
guide the recommendations and next steps that the County will undertake in order to improve
broadband connectivity for its residents and businesses. The following guiding policies are
recommended to provide the basis of recommendations and next steps.
3.4.1 Guiding Policies:
It is recommended that the County adopt a set of guiding principles that will help shape
recommendations and next steps. These guiding policies would include:
5. The County does not want to duplicate the investments of the private sector and will
therefore look to make investments in geographic areas where the private sector has not
invested and has no short-term plans to invest.
6. The County will work collaboratively with private ISPs that operate, or plan to operate
within the County to ensure that investment barriers within the County's control are
removed, and that the County's objectives with respect to improved connectivity for
residents and business is know and understood by all parties.
7. The County will work closely with all levels of government, both lower tier and upper tier
to ensure that strategies with respect to grant funding to support infrastructure
investment in the County are aligned and coordinated.
8. The County's investments are utilized to remove the barriers of investment and market
entry for all ISPs and create a level playing field that encourages retail competition. All
ISPs will be able to access County funded investments on equal open access terms and
conditions.
The County has several alternatives to consider as it considers next steps. It is important to
keep in mind that the County must make some determinations on the degree it can afford to
invest, while at the same time weighing the socio-economic benefits of investment and benefits
to the County in terms of economic development, attraction and retention of businesses and
residents.
While a county wide fibre optic infrastructure is the long-term vision, this may need to be
considered over many years to be affordable as a direct investment by the County.
3.4.2 Technology Options Analysis
The following table summarizes the technology options available to the County to consider as
strategies to improve broadband connectivity to residents and businesses. These options must
also be reviewed with the governance/ funding options that are presented.
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Prepared for Elgin County
1144 �
Option 1
Fibre Optic
High capacity
0 High Cost
Infrastructure (Fibre to
Long useful life
Longer time to
the Home/ businesses)
(30 years)
implement
• Scalable to
support faster
speeds in the
future
• Supports future
5G wireless
deployments
• Eligible for grant
funding under
many programs
Option 2
Fibre Optic
0 Lower Cost
0 Lower capacity
Infrastructure to Fixed
Homes/
that fibre to the
Wireless Tower
Businesses along
home/ business
i Locations; Wireless
t
fibre path benefit
Not scalable due
connections homes/
from fibre
to limited radio
businesses
connection
spectrum
• Shorter time to
0 Shorter useful life
implement
(5 yrs.)
• Achieves CRTC
0 Some restrictions
minimum service
on grant funding
standard for all
eligibility for some
residents/
wireless
businesses
technology
• Can utilize some
existing County
water towers to
reduce costs to
build new towers
and/or collocate
on 3rd party radio
towers
• Wireless
technology can
be redeployed at
different locations
as required (as
fibre
infrastructure
increases)
Option 3
Option 2 plus fibre
0 Serves additional
Higher cost than
extensions to connect
residents/
Option 2
population centers and
businesses with
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Prepared for Elgin County
additional residents fibre
along fibre path infrastructure
• Provides for
connectivity for
County
operations
between
population
centers
• Provides for a
progressive path
to Option 1 (over
time)
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INTERNET CONNECTIVITY AND BROADBAND ANALYSIS, ASSESSMENT, AND PROPOSED SOLUTIONS
Prepared for Elgin County
Appendix A — In -Process/
Potential Fibre Builds in Elgin
County
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Prepared for Elgin County
Municipality of Bayham
North Frontenac Telephone Company (NFTC) is in
the midst of a project installing fibre along Plank Rd
from our north end (New England) through to Port
Burwell. NFTC is currently working with the County
and Municipality to ensure documents are in order.
• Xplornet has received municipal concurrence for 2
towers in Bayham on private lands.
• Execulink Telecom has approved a project for
Corinth/North Hall. Expected completion Dec 2022
as noted on the SWIFT website.
Municipality of Central
. Uplink Communications is planning for a fibre build
Elgin
in the New Sarum area
Municipality of Dutton
. There are no in -process or proposed fibre builds
Dunwich
that Dutton Dunwich is aware of at this time.
• TekSavvy is proposing to install a tower in north
Dunwich
Town of Aylmer
. Two ISP's — EastLink and NetFox
• Fiber installed to Town Hall
• Examining potential of broadening fiber through
SCADA RFP
Township of Malahide
. Malahide has had a few queries from third -party
wireless ISPs.
• Uplink Wireless has approached Malahide to install
fibre in Avon and along some rural roads in order to
feed future towers when developed
• Malahide itself had initiated an RFP in January for a
feasibility study on a Township lead wireless
project. It was to consider the installation of 3-5
towers in different areas of the Township,
specifically on land the Township of Malahide is
owner. Determination of height requirements and
associated costs were to be detailed for these sites.
In addition to this, a preferred solution of municipal
tower use only (i.e. connect municipal sites) or one
where this could be accomplished along with
providing opportunity for a third party provider
access for new services in this area. This was
report has been delayed but expected to be
available in the next few weeks.
Township of Southwold
February 11, 2022 98 47
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Municipality of West Elgin
NFTC completed work in 2019 to install Fiberoptic
lines in the most condensed areas of West Lorne
and Rodney. Just recently, in August-2020 a new
wireless service provider installed wireless
equipment and offered services to rural residents.
• We received information that NFTC is now
extending fiber service to the residents in New
Glasgow along Furnival Road.
North Frontenac Telephone
. The Warden provided NFTC Company with a letter
Company (NFTC)
of support for their application to the Universal
Broadband Fund Rapid Response Stream on
January 15, 2021.
• This application is in regards to an area near
Rodney, towards the southwest corner of Elgin
County.
Xplornet
. Elgin County will consider providing a letter of
support to Xplornet for their application to the
Universal Broadband Fund due on February 14,
2021.
• This application is in regards to the proposed
building of hundreds of kilometres of new fibre,
establishing a robust backbone for Xplornet's 5G
wireless broadband network, with existing sites in
Elgin County connected to fibre. Once completed,
this project will enable rural households in
communities such as North Hall, Corinth, New
Sarum, Iona Station and Crinan to enjoy affordable
and accessible 1 Gb s fibre services
Bell Canada
. Bell has no fibre projects planned in Elgin at this
time. Bell has decided that if they are unable to
connect at least 100 houses with their new builds
that they are not worth the investment. This even
relates to the proposed ICON application that Elgin
County provided a letter of support for in August.
February 11, 2022 99 48
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Prepared for Elgin County
Appendix B —Internet Service
Providers and Technologies
February 11, 2022 100 49
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Prepared for Elgin County
Note to reader: These maps should not be considered to be an exhaustive representation, however they are
deemed to be reliable as of the date of the information provided by Industry Science and Economic
Development Canada as of the date indicated.
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Prepared for Elgin County
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Appendix C — Maps of Fibre
Connectivity to Areas of
interest /municipal locations
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Prugressive by Nature
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Dominique Giguere, Councillor/Chair of
Terrace Lodge Redevelopment Fundraising
Committee
DATE: February 14, 2022
SUBJECT: Terrace Lodge Redevelopment
Fundraising Report and Proposed Amendments to
Terms of Reference
THAT the February 14, 2022, report titled, Terrace Lodge Redevelopment Fundraising
Annual Report and Proposed Amendments to Terms of Reference submitted by
Councillor Giguere, be received and filed for information; and
THAT the 2021 Fundraising Report from the Terrace Lodge Redevelopment
Fundraising Committee be approved for distribution; and
THAT Council approve amendments to the Terrace Lodge Redevelopment Fundraising
Committee to allow for a voting member from each of Elgin's Local Municipal Partners
and to maintain quorum at five (5).
INTRODUCTION:
The Terrace Lodge Fundraising Campaign launched on December 1, 2020 and has
now completed its first full year of fundraising. In 2021 the Campaign raised $144,788
and secured $125,000 in pledges. The $269,788 total to -date represents 40% of the
campaign's overall $675,000 target. (This target includes a 4% budget for campaign
expenses, as approved by the Steering Committee). The Fundraising Committee is
seeking Council's approval of a 2021 Fundraising Report and for proposed
amendments to the Committee's Terms of Reference.
DISCUSSION:
2021 Fundraising Report
The Terrace Lodge Redevelopment Fundraising Committee has developed the attached
2021 Fundraising Report for Council's review and approval. This report includes among
other things; a message from the Chair, a timeline of fundraising milestones, an
overview of campaign numbers and financials, a thank you and acknowledgement of
donors, and next steps. The Report is a way for the Committee to remain transparent
119
2
and accountable to stakeholders including County Council, past and future donors, and
the general public. It will also be utilized as a tool to promote the campaign to future
donors.
Proposed Amendments to Committee Terms of Reference
Committee Composition
At its meeting held on February 7, 2022 the Terrace Lodge Redevelopment Fundraising
Committee evaluated the existing Committee Terms of Reference (attached) and have
indicated several proposed changes to Committee composition and quorum
requirements as detailed below for Council's consideration.
Currently the Terrace Lodge Redevelopment Fundraising Committee Terms of
Reference indicate that the Committee shall be comprised of:
Representatives of the Councils of the East Elgin Municipalities, including-
- One (1) Member of Municipality of Central Elgin;
- One (1) Member of Municipality of Bayham (INole: UIhn IlDo§[l n lis currenUy
vinl);
- One (1) Member of Township of Malahide;
- One (1) Member of Town of Aylmer;
- One (1) Member of the Terrace Lodge Auxiliary-
- A minimum of four (4) and a maximum of ten (16) Members from local service
groups, local businesses, and the community that represent the catchment
area,
Long -Term Care Staff including Director of Homes and Seniors Services,
Terrace Lodge Administrator, and Manager of Program and Therapies (Ill:
Uiese are un l voting u'n rnlbeir ).
Given that residents of Terrace Lodge come from all across Elgin County and that
Terrace Lodge is a Long -Term Care Home that belongs to all of Elgin County, not only
the East Elgin Area, the Committee would like to open up membership to
representatives from all seven (7) of Elgin's Local Municipal Partners for the remainder
of the campaign. The Committee believed that in contrast to the existing Terms of
Reference, these representatives could be either members of the Local Municipal
Council or a member of the general public who resides within that particular
municipality. Whether to appoint a member of local Council, or a member of the public,
would be at the discretion of each Local Municipal Partner. In this situation the amended
Terms of Reference would read:
Representatives of the Councils or u'n rnlbeir of Uhe nubl f Ih: gl n' seven (.i`) Ih....ocall
unli lilpaIl [les un Ilu6ng:
120
3
(1) Member of Municipality of Central Elgin;
_ (1) Member of Municipality of Bayham;
One (1) Member of Township of Malahide;
One (1) Member of Town of Aylmer;
On (1) Member of IIMunl6paIIlIy of Dutton n II::: unwl III
n (1) Member Ib e r f II u n li li 1p a Il Iy of West and,
One (1) Member of the Terrace Lodge Auxiliary;
A minimum of four (4) and a maximum of ten (10) members from local service
groups, local businesses, and the community that represent the catchment area;
Long -Term Care Staff including Director of Homes and Seniors Services,
Terrace Lodge Administrator, and Manager of Program and Therapies.
The Committee would also like the ability to recruit volunteers who will assist with
raising funds and perhaps running events (as conditions permit) but are not voting
members and are not therefore required to attend regular Committee meetings.
Committee Quorum
Currently the Terms of Reference indicate that quorum for Committee meetings should
be 51% of voting members. The Committee recommends that should Council approve
the addition of voting members from across the County, that it would be prudent to set
quorum at five (5) voting members instead of 51 %. Within the current quorum
requirements of 51% a larger Committee means a larger number of voting members
need to be present to achieve quorum. The Committee believes that setting quorum at
five (5) instead of 51 % would allow for broader participation while ensuring that quorum
is met at monthly meetings. This would accommodate for the busy and varied
schedules of many members, taking the pressure off attending every meeting but still
allowing the business of the Committee to continue.
FINANCIAL IMPLICATIONS:
There are no financial implications.
ALIGNMENT WITH STRATEGIC PRIORITIES:
121
ving Elgin
❑ Ensuring alignment of
current programs and
services with community
need.
® Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
0
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth.
❑ Fostering a healthy
environment.
® Enhancing quality of
place.
Additional Comments: None.
LOCAL MUNICIPAL PARTNER IMPACT:
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
❑ Delivering mandated
programs and services
efficiently and
effectively.
Should Council approve the 2021 Fundraising Report, it will be circulated to Elgin's
Local Municipal Councils.
Should Council approve expanded membership on the Terrace Lodge Redevelopment
Fundraising Committee, correspondence will be circulated to municipalities who do not
currently have representation on the Committee inviting them to appoint a
representative.
COMMUNICATION REQUIREMENTS:
See: Local Municipal Partner Impact.
CONCLUSION:
The Terrace Lodge Redevelopment Fundraising Committee has completed a successful
first year of its three (3) year fundraising campaign. The Committee is delighted to
present Council with the 2021 Fundraising Report detailing the activities of the
Committee over the past year and is excited to move forward towards its year -two
targets. The Committee is asking that Council consider amending the Terms of
Reference for the Terrace Lodge Redevelopment Fundraising Committee to include
representation from all of Elgin's seven (7) Local Municipal Partners and to set quorum
at five (5) voting members.
122
is Respectfully Submitted
Councillor Dominique Giguere
123
/ ElginC1011
����%-� �
Progressive
TERRACE LODGE REDEVELOPMENT —FUNDRA|S|NGCOMMITTEE
TERMS OFREFERENCE
The following Terms of Reference describe the scope of the committee's responsibilities, the limits of authority, the results
itisexpected toachieve and the reporting required.
PURPOSE
The Terrace Lodge Redevelopment Fundraising Committee (herein referred to as "Fundraising Committee") isasub-
committee oftheTernaoeLodgoRedove|opmentPnojectStoehngCommittee(herainreferredtoao^SteahngCommd1ee^).
Working in collaboration the Steering Committee, the purpose of the Fundraising Committee is to plan, coordinate,
implement and evaluate fund development activities in support of the operational and "value added" revenue generation in
support ofTerrace Lodge Redevelopment Project. The Fundraising Committee shall not support the capital costs
associated with the Terrace Lodge Redevelopment Project.
REPORTING/ACCOUNTABILITY
The Fund Development Committee is a Sub -Committee of the Terrace Lodge Redevelopment Project Steering
Committee. The Fund Development Committee will provide reports to the Steering Committee through the distribution of
the committee's minutes.
MEMBERSHIP
The Fundraising Committee membership includes elected officials representing the East Elgin municipalities and
representatives of local service groups, |ood businesses and community members.
Representatives ofthe Councils ofthe East Elgin municipalities, including:
- One (i)Member nfMunicipality ofCentral Elgin;
- One (1)Member ofMunicipality ofBayham;
- One (1) Member ofTownship ofyNa|ahide;
- One (i) Member ofTown of Aylmer; and
- One (1) Member ofthe Terrace Lodge Auxiliary;
- A minimum of four (4) and maximum of ten (10) members from local service groups, local businesses and the
community that represent the catchment area.
- Long Term Care staff including Director ofHomes and Seniors Serviceo, Terrace Lodge Administrator and
Manager ofProgram and Therapies.
TERMS
^ Members from municipal council are appointed for the duration of their term on local Council.
. Community Members are appointed for a four (4) year term and shall be eligible for re -appointment.
SECRETARY
An employee of the County shall be the Secretary of the Committee and shall act as a resource person in a non -voting
capacity. 124
SCOPE OFRESPONSIBILITIES
Toassist the Terrace Lodge Redevelopment Project Steering Committee tomeet its project targets, including working
with staff and volunteers to recommend goals and objectives of the fundraising initiatives:
~ Recommend and drafta Fundraising Plan and Fundraising Target that supports and encourages community
engagement with Terrace Lodge Redevelopment Project both the short and long-term, for approval by the
Terrace Lodge Redevelopment Steering Committee;
^ Support the staff and volunteers to identify, research, solicit, foster and steward major prospect and donors so as
tobuild apipeline ofproject specific support;
, Assist with the development and cultivation of mutually supportive fundraising partnerships with local community
groups and organizations;
, Monitor and evaluate progress in meeting fundraising targets and return on investment;
. Oversee the formation/review of policies and procedures associated with fundraising activities so that they are
conducted in accordance with County of Elgin Policies;
. Create and recommend fundraising policies that ensure that fundraising best practices are maintained and that
committee's program iadunopo*ntrio;
. Promote and support fundraising events/activities by attending, volunteering and/or giving monetary/in-kind
assistance tuthe level that committee members are able;
^ Review and recommend levels of sponsorship recognition and evaluate methods of donor recognition and
stewardship opportunities so that all donations of time and money are recognized appropriately.
MEETINGS
Meetings will beheld aenecessary oranestimated Stimes per year.
ADMINISTRATION OFFUNDS
Elgin County will administer funds and will issue tax receipts.
VOTINGkJUDRUK0
The Fundraising Committee shall endeavour hooperate byconsensus. |ncase ofdisagreement, Committee members
shall cast votes. Decision -making ialimited toproviding advice and recommendations.
Aquorum will be5iY6ofthe members atthe meeting who are entitled hovote.
Members of the Fundraising Committee will attempt to advise County staff at least two days in advance if unable to attend
ameeting ofthe Committee. |fquorum cannot bemet, the meeting may becancelled and rescheduled.
REVIEW
An evaluation of the Fund Development Committee will be conducted from time -to -time as the Terrace Lodge
Redevelopment Project Steering Committee deems necessary.
Draft approved by County Council: June 2019
125
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Elgin County Library Fine Free FAQ for Library Users
What does going fine free mean for me as a library user?
• This means that overdue fines will no longer be applied to your library account.
• You are still responsible for any library items that you borrow and are account-
able for returning your materials on time, as other customers may be waiting to
use these items.
• If an item has not been returned in an appropriate amount of time, you will not be
able to use your library account or card to check out library materials, place
holds, or use our digital library, including eBooks, during that time. As soon as
the items are returned, your account will be usable again.
• If an item has not been returned after a significant amount of time, you will be
sent a bill for the replacement cost of the item.
How will this affect my digital eBooks and eAudiobooks?
It won't! All eBooks and eAudiobooks are already fine free. The platforms you borrow
those items from return them for you automatically when they are due.
Will I still get reminders about my library materials?
Yes! Items will still have due dates. We currently have a process that provides print and
email courtesy notices and these will continue. If you have not already provided an
email address, please contact your local library branch.
What if I lose a library book?
If a library item is missing or overdue past a certain amount of time then the item will be
billed to the library card. This means that the library card will be billed the replacement
cost of the item and prevented from checking out new items. We would rather have the
library item back than your money, so if you find the item please return it and the
replacement charge will be removed from the account.
What about the library item I borrowed prior to the pandemic?
Bring it back! We just want the item back and fines won't be added to your account.
February 2022
164
How do I know what my borrowing times are?
This information about your due dates will be on the checkout receipt for your library
items. You can also find information about our loan periods and fees on our
Will I have to wait longer for items?
No, we do not anticipate any impact on wait times. Libraries that are already fine -free do
not notice a difference in how long items are overdue. There will be still be due dates on
materials and email notices reminding library users that their items are due.
I think of my fines as a donation to the library, can I still make a donation?
Yes! Voluntary goodwill donations will continue to be gratefully received at all of our ten
library branches. Also, you can make a donation using our ' II _ the ...IC:).onafloif cad lliil 1k.
Why is Elgin County Library going fine free with children's materials first?
Children and teens often cannot get to the library by themselves to return materials on
time. This means that overdue fines punish them for something beyond their control.
We encourage early literacy, and overdue fines that prevent children or teens from
borrowing library items create a barrier to achieving that goal.
Other libraries have materials that renew automatically, so books are never
overdue unless someone is waiting. Why doesn't Elgin County Library do that?
This is a great suggestion. We are considering how the autorenewal of library items
would fit with our fine free initiative and how it would impact library users.
Are other libraries going fine free?
Yes! All over Ontario, Canada, and North America, we are seeing more and more library
systems go fine free. You can find more information about fine -free libraries on 1.12ii, ,Map
firoorn 112ea V.jir.bain. II......lIbirairlieas Couin. clill.
I haven't been to the library in a few years. Will my account still work?
Please come to your local J[ _Il lin Count Il iiN it it N�iranch and see us. We will either
reactivate your account or set you up with a new one. Welcome back!
February 2022
165
1.lY ry
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A Path Forward on Library Fines at Elgin County Library: Survey Report
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A Path Forward on Library Fines at Elgin County Library: Survey Report
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A Path Forward on Library Fines at Elgin County Library: Survey Report
Z, [""Jigm
Q'I Would you suppoirt IHine IFir imoveiment at Elgin County Library?
1(0.7
9(6.0%)
I JJ koo. /o)
Question options
G Yes No Option 3 Oj Other (please specify)
Mandatory Question (151 response(s))
Question type: Radio Button Question
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A Path Forward on Library Fines at Elgin County Library: Survey Report
Z, Ic
Q2 Aire you a iregullair user of th Iliilbirairy?
53(35.1%)
70(46.49%
Question options
* Yes, I use the library every day. Yes, I use the library 1-2 times per week. n Yes, I use the library 1-2 times per month.
OF No, I use the library 1-2 times per year. 0 No, I don't use the library at all.
Mandatory Question (151 response(s))
Question type: Radio Button Question
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170
A Path Forward on Library Fines at Elgin County Library: Survey Report
Z, [""Jigm
Q3 IDo you currently owe fines to Elgin County Library?
1(32.5%)
101 (66.!
Question options
0 Yes No Other (please specify)
Mandatory Question (151 response(s))
Question type: Radio Button Question
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A Path Forward on Library Fines at Elgin County Library: Survey Report
Z,
Q4 Ilin w1hich IMunicipallity do you Iliive?
36(23.8%)
22(14.6%)
6-AMME.GWAM
Question options
Municipality of Central Elgin Township of Malahide nor Town of Aylmeri Municipality of Bayham
Municipality of West Elgin Township of Southwold Municipality of Dutton Dunwich
Mandatory Question (151 response(s))
Question type: Radio Button Question
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172
Please s1haire any thoughts s or coinceirins your might Ihave t it iin the fifine firee iiiniitii fiv „
&r een "Jame II Ieda ted YES! YES! YES! Fines free removes barriers for users and negative,
unnecessary interactions from staff. Oxford set it up as a year -long
trial originally and it was so successful they implemented it after 6
months. The income from fines is not funding the library - it is costly in
staff time and relationship. Let's do this!
&r een "Jame II Iedac ied We have been active library users since our children were young. It
was very difficult when they were little to keep books, resources and
VHS/dvd organized and returned on time. Especially frustrating when
the fines were $1 per day for a children's video. We were able to pay
off our fines with the food donation days but that doesn't seem fair to
users who would not have extra funds for fines or food bank
donations! We eventually stopped borrowing media resources
because of the fines. We support reminders and fees for lost items.
&r een "Jame II Iedac ied I fell it's a great idea to go fine free. I normally pay my fines with
canned food drive in December. I think I might only owe one or two
dollars. I normally take 20-30 books at time. We get books every
month or twice a month
&r een "Jame II Iedac ied I like how Dutton does the good drive around Christmas to pay off
fines. I would worry about people keeping more books than returning
them.. there needs to be some way still to hold people accountable.
&r een "Jame II Iedac ied I was an Elgin County librarian years ago and I would occasionally
pay fines for children who always came into the library regularly
without parents and accrued fines that caused their accounts to be
blocked (DVDs were a problem because the $1 /day added up very
quickly). Their family's income didn't allow luxuries and library fines
would fall under such a category. The connection with the library and
its resources were important in their lives. Personally, I am an avid
library user and when my daughter was younger I regularly coaxed out
my 100 book borrowing limit, but incurred few fines because of the
ease of checking the account online and being able to renew from my
computer. I generally use Food for Fines to pay my own fines and
bring extra to have added to the account of anyone else the librarians
would consider in need.
&r een "Jame II Iedac ied People won't have to worry about not being able to take out a book
''aria:; .7 ol .1
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" un "Jame ° da fed New or popular books will not be available if longer than the current
checkout time is allowed
" �; een "Jame lieda fed
Kids books rack up really fast if forgotten for a month because we
take out some for each child and it makes me want to use the library
less.
" �; een "Jame lieda fed
No concerns at all! I work for a library system that has been fine free
for a few years, and we've had many people return to the library
because there wasn't a barrier to access. I would be more inclined to
use my local library knowing there are no fines (I currently have cards
for Oxford, Elgin, and LPL) and I mostly use the other libraries
because I don't have to worry about fines. I hope this passes! Thank
you
" un "Jame lliedacfed
Whatever way works best to get the books back I fully support.
" �'i een "Jame IIlieda fed I strongly support the removal of late fines! As someone who works in
the library field, I have seen firsthand the negative impact fines make
on a library user experience. The library should be a place that is
welcoming to anyone no matter their situation, it is time to remove
fines and the financial barrier that they create.
" �'i een "Jame IIlieda fed There have been times that library fines have prevented us from
visiting the library. I have also not allowed my children to check out
certain higher fine items, such as DVD's. The library is fairly far from
our home so we can't always get to it, and that means we have spent
more on DVD fines then it would cost us to buy the DVD itself. I would
find helpful if the library software would automatically renew my
materials that were due, if they were available for renewal. Thank -you
for considering this step, I know it would make library materials much
more accessible to me and my family.
" �'i een "Jame IIlieda fed Nowadays I read online using Libby so I am still using the library in a
sense. But I think it's important to keep costs down at the library so
they can continue to provide books to everyone. I never had a
problem with getting a fine for bringing back books late because it
was my fault! Please do not take more steps to make people not have
to be accountable for their actions!!! There's enough of that going on!
The library always offered food for fines to bring in a food donation
), ur ga: t �': l .1 t
..
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A Path Forward on Library Fines at Elgin County Library: Survey Report
and many times I would pay that way instead.
Screen "Jame Fiedac�ed People need 0oboresponsible for their actions and own up0othe
consequences. This would just contribute 0omore people breaking
more rules and expecting for society ���."Nopmblem.^Kpeople
return books ontime, they would not have 0opay afine. Simple
Screen "Jame Fiedac�ed
I'm hopeful that the library can continue the Food Bank collection
through November.
Screen "Jame Fiedac�ed
| love the library. |amnot very good o1returning books and om
interested 0uknow what happens next.
Screen "Jame Fiedac�ed
There are times when | don't use the library because offines. This
would change how | use the system inaurcommunity
Screen "Jame lliedac�ed
Removing barriers and creating equity relating to fines iaessential.
The maoamh shows fines only hurt the most vulnerable and
marginalized and create aculture o(shame for those who can not
afford 0opay oraddress their fines. The library iaaplace where equity
needs to be woven into the core of service. Anecdotally there are a
number of people known to me who have stopped using their libraries
aaaresult o(fines choosing toplace ameal onyour table orpaying
back afine should not be adooiaion anyone needs to make. As our
neighbouring systems have taken this step, aaacommunity wmneed
tofollow suite and do better for ALL members o(our community, in
particular those whose use o(the library will have positive impact on
quality o(life and access toinformation.
Screen "Jame lliedac�ed
Everything wmdohas adue date, itserves ouagentle reminder 0o
return/pay on time.
Screen "Jame Fiedac�ed Fines are adiscouraging nuisance 0oregular patrons ofthe library. |
support going fine free, outhe fines donot encourage regular use o(
the library's resources. | also support keeping replacement fees for
long overdue, lost, ordamaged books.
Screen "Jame Fiedac�ed Going fine free prevents users/families from feeling they are unable 0o
access the library services/materials due to fear of fines/owing fines.
Pago9of1@
" �' een "Jame II Iedac ted I reviewed the presentation materials which are really good. This
seems to be a "no-brainer" to me as the cost to collect is greater than
the revenue received, plus all the other good arguments in terms of
increasing active card holders and eliminating barriers to those most
vulnerable. Replacement fees will apply so borrowers are still
accountable. Bring this on!
" �' een "Jame II Iedac fed I believe wholeheartedly in removing anything that acts a a barrier to
people accessing books. The benefit to the community at large is
worth the removal of the fines.
" �' een "Jame II Iedac fed Late fees are too high on DVDs and some of them aren't even that
much in demand, so charging 10 times the amount for a late DVD
versus a book is unfair in my opinion. Late fees on books are minimal
which has been affordable for my family in the past.
" ueen "Jame Iedac fed Great initiative!
" �' een "Jame II Iedac fed A fine is an incentive to care for and return a book or other item on
time and in good condition. Renewals help meet these goals. The
food for fines and other ways to pay your fine are good ways for
people that may have accumulated a large fine to catch up.
" �' een "Jame II Iedac fed I can see the reasoning behind this initiative and fully support it.
" ueen "Jame Iedac fed I think fines free would be a step forward in Elgin County being truly
"progressive by nature" since I believe levying fines creates a barrier
to access for many individuals and families.
Sueen "Jame II Iedac fed This is a great idea!
" �' een "Jame II Iedac fed I wholeheartedly support this initiative. I often simply forget
sometimes that my books are due and sometimes therefore have to
pay a fine. That is more a deterrent for me to go to the library than
anything...
) aria:; "10 o I' .1
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A Rath Forward on Library Fines at Elgin County Library: Survey Report i''
" �'i een "Jame IIlieda fed I would support the movement but have always felt that the fine
structure ensured a timely return of borrowed materials. I never really
thought about what it actually costs the library to enforce it. I do think
a replacement fee is still necessary to ensure accountability.
" �'i een "Jame IIlieda fed It is a positive initiative to remove barriers for return of book and to
bring patrons back as well and remove stigma.
" �'i een "Jame IIlieda fed As long as the library has enough income coming in outside of fines, I
think it would be okay. I go to Rodney Library and its really important
to have these services. I am very grateful to have Vicky and Gabrielle
at my local library. They are so inviting and informed. I want to keep
going back. Thank you.
" �'i een "Jame IIlieda fed I feel that the rationale for dispensing with fines is excellent, to make
literacy freely available to all. This disincentive should be eliminated.
To counter the financial loss, donation boxes to "pay reading forward
to others" might work. This could be the cornerstone to developing
further programs to make the library's resources more inviting and
less ominous. I would gladly share further thoughts and ideas about
promoting literacy for all, especially children. I a retired English
teacher, administrator, and am looking to develop and support
reading for children on our community.
" un "Jame ° da fed I think it would be a great way to allow everyone, no matter what their
financial situation, to use the library.
" �'i een "Jame IIlieda fed I think it's a wonderful way to reduce barriers for users (or potential
users) of the library :).
" �'i een "Jame IIlieda fed Fine Free --absolutely NOT. The books are free for our perusal and
enjoyment. Fines are reminders that the borrowers are not entitled to
hold on to books because it suits them. Others, too, may want to read
the same books. It's about caring and valuing library property. It
teaches people to care.
" �; een II"Jame IIlliedacfed To question 1: Yes [selected with the following written next to it:] and
No Fine Free Initiative - the power or right to take the int [sic] step or
next step in some action -Replacement costs-? When you join the
library - discussion - /c signature - fine - replacement costs, etc. -
''urea:; I I o I' .1 t
177
Teaching - tardiness - discipline, one self - books come in on time -
Subjection to some authority -Disengagement [?] - Freedom -
Something [?] for - digging deeply into the subject (Fines) -Subject to
replacement cost -People may wish to read the book - that a person
has no incentive to return materials -1 would want the library book
back -1 enjoy discussing & examining a book - often guided by their
literary legacy [input by SS]
Screen "Jame II Iedac fed This would bring ECL system in line with systems around the area.
Screen "Jame II Iedac fed See statement re support or object
Screen "Jame II Iedac fed Live in Tillsonburg I recognize that fines might be an impediment to
some people for library use. Especially for children. My one concern
is for high interest items. Books on reserve should be subject to fines
as an incentive to return those items. This leads me to suggest: 1) No
fines for children and teens 2) No fines for adults except for items on
reserve. In that case, the fine would kick in 7 days after a borrower is
alerted that an item held by that person is needed elsewhere. P.S. All
fines can be avoided if your computer system automatically renewed
items on the due dates. [emphasis on automatically]
Screen "Jame II Iedac fed I was pushing for this initiative last year during the worst of the
pandemic. I am glad it is being given consideration now.
Screen "Jame II Iedac fed Dropping fines would follow St. Thomas's and London example.
Screen "Jame II Iedac fed It is a privilege to have the library in our community, especially during
COVID 19. Thanks for all your hard work during that time. I never
minded paying fines but support the fine free movement.
Screen "Jame II Iedac fed I still think you should have the fines. it gives people the time to renew
or take it back. you can renew if no one else wants the book. I t hink it
is running well.
Screen "Jame II Iedac fed I thought that a due date for a book might teach responsibility but if
research has found that fines are not as great an incentive as thought,
I guess it does not have as great an effect.
''aria:; "12 of '1
178
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A Rath Forward on Library Fines at Elgin County Library: Survey Report
" �'i een "Jame IIlieda fed I think it would be great!
" �'i een "Jame IIlieda fed Fine free seems like a good way to increase accessibility for those
who may not be able to afford fines for returns or are embarrassed
by fees.
" �'i een "Jame IIlieda fed
Great move. Very "progressive"! Implement immediately - no phase -
in.
" �; een "Jame lieda fed
The lack of fines would not encourage a person to return a "hot loan"
book that others are waiting to read.
" �; een "Jame lieda fed
Sometimes my account shows a fine of say $1. If I renew the
material, I have to pay $1. If I drop it off at the library, it gets
backdated by a day or many days (especially with COVID quarantine
of books), then there is no fine. My issue is I would have liked to
renew the material without having to spend time and money visiting in
person. Living in a rural area and on the wrong side of the Internet
divide, it is a concern. With winter weather coming, price of gas, plus
my work being 12 hour days, going fine free would help a lot. It
sounds weird but I get stressed over checking the website and feel
pressure to get to the library on time to save on fines.
" �; een "Jame lieda fed I like the idea. It is probably a barrier to borrowing for those who can't
afford paying the fines, and not enough to deter those who can afford.
I do like that the fines become "Food for Fines: at Christmas time
however, and like bringing donations for the food bank. I feel though,
as a frequent user, we have books coming and going all the time, and
when our 3 kids were younger at home, we had a lot of books in and
out and it was easy to lose track, so I always kind of felt that fines
penalized people like us who were frequent users of the library. The
books always came back, never long overdue, but enough to rack up
some fines over a few months.
" �'i een "Jame IIlieda fed Great, just hope it doesn't mean some patrons won't return books, or
not bother to look hard for them if they are mislaid. Thank you.
" un "Jame lieda fed Really well researched and put together presentation!
''urea:; "13 ol "1
179
APath Forward onLibrary Fines a1Elgin County Library: Survey ReportZ,8�o[m�mTUb��
Sune8n"Jame Fiedac�ed | believe moving towards afine-free library system iathe way 0ugo,
would reduce barriers and iainline with the library's values. | hope 0o
see this implemented in Elgin County.
SCxe8n"Jame Fiedac�ed | think fine free iathe right solution 0othe overdue book issues, but, of
course, Patrons should borequired 0opay for replacements ifabook
ianever returned within aspecified period.
SCxe8n"Jame Fiedac�ed | try 0oget books returned before oronthe due date, ao|haven't had
to pay hardly any fines in 7 years.
SCxe8n "Jame Fiedac�ed | like how St. Thomas Library has auto renew ofits books, so you
don't get fined for late books. It's an auto system by computer.
SCxe8n"Jame Fiedac�ed |tiaawonderful idea! [PAID next 0otheir selection ofNo, |don't
currently owe fines]
SCxe8n"Jame Fiedac�ed | think fine free iagood BUT paying fines is also okbecause that
helps bring money back into the library!
SCxe8n "Jame Fiedac�ed | believe that reducing and eliminating fines iaagreat idea. The
phase inapproach seems reasonable and realistic. Wewant 0okeep
access available, especially for those intight financial circumstances.
Reading should boavailable for everyone. Great Job Elgin Library!
You are all wonderful.
SCxe8n "Jame Fiedac�ed | believe this ia important 0ooffer fine free aoeveryone can enjoy the
library. No boundaries.
SCxe8n "Jame Fiedac�ed YVolove using the library but have forgetful kids! 1
SCxe8n "Jame Fiedac�ed |fabook ianot returned o1all itshould boacharge for it.
SCxe8n"Jame Fiedac�ed Not for kids and youth. Only adults. [No concerns for fine free for kids,
only adults is my interpretation of this comment - SS1
Pago14of1@
APath Forward onLibrary Fines a1Elgin County Library: Survey ReportZ,8Jigo[m�mTUb��
&�ne8n "Jame Fiedac�ed ASabusy family, and afamily willing 0odonate books back 0oLibrary
ifitiaanoption, would really appreciate fine free. London & E»
Thomas have shifted to this model. Books are such agift & | don't
agree with acharge when alittle late. | understand acharge ifnever
returned. Thank -you :)
&Cxe8n"Jame Fiedac�ed Grateful for e-mail reminders
&C3e8n "Jame Fiedac�ed |'d return books on time. | do like 0osupport the library. Thank you
&C3e8n "Jame Fiedac�ed | thin the "fiwe^isareminder that the book iaDUE and somebody may
bowaiting! However, ifyou could send areminder bye-mail that the
book was due, then I might reconsider the issue.
&C3e8n "Jame Fiedac�ed the problem is that everything iadue ondifferent dates, books,
magazines, COa. VCRa, making more trips 0uthe library than you
have time for with limited library hours. not against fines, just time
lines
Optional question (70mapomm(s).81skipped)
Question type: Essay Question
Pago15of1@
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A Path Forward on Library Fines at Elgin County Library: Survey Report
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HLJI-0rl COUrty Library will eliminate over -due
Elms h,ii 202.2
.....................................................
N43VEMBER 15, 2021
0 back to At 4 Share
Huyon County, 0ntarho - Ye thwon Cmmy Ubwy is very pAssed a announce iNt szodngJan. 11
2022 rine Nwj c-a(grit nesz,:r! r"1a7eria S
VANe &a Weabn of coudue Yes has oesi amoonK, Wad stce Me mal of ve COV019
pandeWc, Ve HLKOn Crjur,,!jCJbtery E,,.)ard,,,cAed unanhnouVy to pewanendy end ON waaky,
r barew to Hum n Comp rulems avemhg P&wy swWws
Dur ng cne pandemiq emK,g meqwues Hi Hum- oecxw.. ei1er� rn,e ct,,iident these
OwHengrgzhiev anoss to lanwy reDyyces have F, j-" to 1-2
qnd Suppon the phy5ka, ard nwrral WOWT M di w! ummun no We bwm ComV Llary
vaues WAYn sk e*ARK avess co P—hpondon in aV md AWKWQ Qn"Y"uQc one n,
tMD a"ons rept aes5 m L tog seake-,
"nEre 0 VowTg n0ene VY,Wyahes asross Ve couire y a,o beyond rhar Ne avenue gerenzed
IF camak, owrdue Wes A mm wxQ me bartr UyeKes to aarmT, Gbrary resouveY;Rd
DwecWr of CuRufa Senmes and ChunIII nxe, Eum Awn& fIC.T1 'j1hE"r I ce, npsysTerr,'
has alo shown It: a dlfewwr „hmn Arm we Twand Ver arroV, overdue Yes A twor.,,,
users wam to corninue to use the Way, and vy cok Onmard w weRoAng back our pamns M Culf
bram"es
"Hur7 CCAinty's, 0, an Mpmr,.-�r1c e I u',-,nortl'-,g an"'i �rl oui
HuCounry . boy Ew,d CAVAN DWArq -1plyh0phe knponance of
eqK access W z" I Wny a" as seamn rqpd1w A for t4mm& 5 No OT 10mg MMA. V",
suppog those in our cammuntis v0w; reed t &a mos; "
Nounwng werdue Was w H be WINen ella"we §n K 2AL Feewa 4 Wmeveq conQue to
be =&In Or In x dwmpd momkis
Po Wose ready to -a! n Voduce them sewes cc the Army, A c a-y one A vne'2 ormocnes Kmed
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200
Wellington County, Library Will
Elini-tatle Overdue Fi-tes '142022
Posted On ThUrsday Noveiaiber'25, 2021 I== I f"I'l cm
WeIlington County, Ontario - Effective, JWILIAr'Y -1, 2022,,the Wel[ington COUnty Library illll no
longer charge fines on overdue niaterials. Earlier thirnonthi, the Wellington GOUnty Library
Board voted UnaniiiniousIly to permanently end this practice, further, reirnoving barriers for
Wellington County residents accessiing library services.
"St artinigJainUairy 1, '2022 the Wellington Clounity Library will be fine free," said CoiuncHlor Mary
Lloyd, Wellington County Library Chair. "Peirrnanently reirnoviing overclue firies supports Iliifelllorig
1parnllng by emUring library reSOUrces rern,91ri accessible to everyone, in WeElington; County."
Wellington 'COUnty Library has not been charging for overdue materials thrOL]ghOLA 2021.dup to
Covid restiNctions. The de&ision to niake this peirmanent is in line Mth, the latest research
which dernonstrates that fines do not enCOUrage the firn4ly retLlrn of irnateriall, ffiey in fact do
the opposfte, "Renioval of this: finan6lip l barrier MH enCOUrage more, people 41 OlUrcon-u-niunities
W Use the libirary and access all the riesolurces we have, to offer" said Rebecca Hine, Chief
LibraiNan.
OLAstanding overclUe fines will be forgiiven effective JanUary 1. Fees will contirlUe to be
charged for lost ordaniagecl materials.
1 ' r - - , , r AW-
T'-519�787,78015 �1� 6,224-
Im
201
Prugressive by Nature
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Brian Lima, General Manager of
Engineering, Planning, & Enterprise (EPE) / Deputy
CAO
DATE: February 14, 2022
SUBJECT: Approval of the Southwold Official Plan
File No.: SO OP22-01
Applicant: Township of Southwold
THAT the Council of the Corporation of the County of Elgin repeals the Official Plan of
the Township of Southwold as adopted by By-law No. 2011-13 and all subsequently
amendments thereto; and,
THAT the Council of the Corporation of the County of Elgin modifies and approves the
Official Plan of the Township of Southwold as adopted by By-law 2021-68 as detailed in
the attached decision; and,
THAT staff be directed to provide notice of this decision in accordance with the Planning
Act.
INTRODUCTION:
This report is intended to provide County Council with information required to consider
granting approval to the above noted Official Plan which was submitted to the County of
Elgin for approval on November 30, 2021 (attached for your reference along with the
recommended decision).
In accordance with Section 17 of the Planning Act the County, as approval authority, is
required to make a decision in which it may approve, modify, or refuse to approve an
official plan. If the County fails to make a decision within 120 days after the official plan is
received, any person or public body may appeal to the Ontario Land Tribunal.
DISCUSSION:
On November 15, 2021 the Council of the Township of Southwold adopted a new official
plan for the municipality to replace the existing plan that has been in effect for
approximately 11 years. The proposed new official plan was developed in accordance
with the Planning Act, the Provincial Policy Statement, and the County of Elgin Official
Plan and contains goals, objectives and policies established primarily to manage and
direct physical change and the effects on the social, economic, built and natural
environment of the Township including policies and measures to ensure the adequate
202
provision of affordable housing, the protection of agricultural resources, and a description
of the measures and procedures for informing and obtaining the views of the public in
respect of various Planning Act processes.
County staff have had the opportunity to review the official plan submission package
submitted by the Township, as required by the Planning Act, and are of the opinion that
all statutory requirements have been met by the Township including the requirements for
public consultation.
Further, County staff have had the opportunity to review the plan itself for conformity with
the Provincial Policy Statement and the County Official Plan. Subsequently, after the
review, two meetings were held with township staff and their consultant team to review
and discuss potential modifications to the plan. These modifications can be described as
generally falling into three categories:
Correction of technical and administrative issues and errors (as would normally be
expected with the production of a new document such as this);
Modifications to ensure compliance with the Provincial Policy Statement and the
County Official Plan; and,
General modifications to ensure the ease of administration of the plan and clarity
of the policies.
In total there are 57 recommended modifications to the plan. These modifications have
been reviewed by township staff and their consultant team and all parties have provided
their concurrence. No modifications have been proposed to any of the official plan's
schedules (including all proposed urban boundary adjustments) and they are
recommended to be approved as adopted by the Township.
FINANCIAL IMPLICATIONS:
�m
203
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
® Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Growing Elgin
® Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
® Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
This Official Plan will impact the Township of Southwold.
COMMUNICATION REQUIREMENTS:
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
The Notice of Decision will be sent to the Township and anyone prescribed under the
Planning Act.
CONCLUSION:
Based on the analysis contained in the Discussion section of this report, it is in the
opinion of staff that Council may grant approval to the Township of Southwold Official
Plan, as modified, as the plan:
• Is consistent with the Provincial Policy Statement;
• Conforms to the policies of the County Official Plan; and
• Represents good planning and is in the public interest.
If County Council approves this new official plan, the Township will not be required to
undertake another update to the Plan for a period of ten years.
All of which is Respectfully Submitted
Brian Lima
General Manager of Engineering,
Planning & Enterprise / Deputy CAO
Approved for Submission
Julie Gonyou
Chief Administrative Officer
204
DECISION
With respect to the Official Plan for the Township of
Southwold 17 (34) of the Planning Act
I hereby approve the repeal of the Official Plan of the Township of Southwold and all subsequent
amendment thereto, pursuant to By-law No. 2011-13, insofar as this Official Plan is in effect.
I hereby approve all of the Official Plan of the Township of Southwold as adopted by By-law
2021-68, subject to the following modifications:
1. Section 2.4, add a new subsection e) "To ensure that all development is appropriately
serviced with an adequate supply drinking water and an adequate sanitary sewage
system".
2. Section 3.1.1 replace all references to a "25-year planning horizon" with a "20-year
planning horizon".
3. Section 3.2.2.1, delete the word "larger".
4. Section 3.2.2.2, delete the word "major" in the second sentence and replace with
"majority".
5. Section 3.2.2.3, replace the words "The Township recognizes hierarchy of servicing"
with "The Township recognizes the hierarchy of servicing established the Provincial
Policy Statement" in the fourth sentence.
6. Section 3.2.2.3, delete the term "interim servicing study" and replace with "settlement
area servicing study".
7. Section 3.2.2.4, delete all subsections and replace with the following:
,,a) sufficient opportunities to accommodate growth and to satisfy market demand
are not available through intensification, redevelopment and designated growth
areas to accommodate the projected needs over the identified planning horizon;
b) the infrastructure and public service facilities which are planned or available are
suitable for the development over the long term, are financially viable over their
life cycle, and protect public health and safety and the natural environment;
c) in prime agricultural areas:
i) the lands do not comprise specialty crop areas; alternative locations have
been evaluated, and
ii) there are no reasonable alternatives which avoid prime agricultural areas;
and,
iii) there are no reasonable alternatives on lower priority agricultural lands in
prime agricultural areas;
d) the new or expanding settlement area is in compliance with the minimum
205
distance separation formulae; and
e) impacts from new or expanding settlement areas on agricultural operations
which are adjacent or close to the settlement area are mitigated to the extent
feasible."
8. Section 3.2.2, delete the word "growth" in subsection b).
9. Section 3.2.3, delete the third sentence and replace with the following:
"Partial services are permitted for infilling and minor rounding out and to address the
failure of private sewage and water services on existing lots"
10. Section 3.2.4, add the words "and constitutes the Township's Prime Agricultural Area as
defined by the Provincial Policy Statement".
11. Section 3.2.5.2, replace the existing 10% intensification target with a 15% intensification
target.
12. Section 3.2.7, delete this section in its entirety and replace with the following:
"The Township will provide for an appropriate range and mix of housing options and
densities required to meet projected requirements of current and future residents of the
Township. To that end, the Township planning shall:
a) maintain at all times the ability to accommodate residential growth for a minimum
of 15 years through residential intensification and redevelopment and, if
necessary, lands which are designated and available for residential
development; and
b) maintain at all times where new development is to occur, land with servicing
capacity sufficient to provide at least a three-year supply of residential units
available through lands suitably zoned to facilitate residential intensification and
redevelopment, and land in draft approved and registered plans."
13. Section 3.3.1.4, delete the word "broader" from subsection b).
14. Section 3.4, insert the word "will" before the word "support" in the first sentence.
15. Section 3.4.1.1, replace the word "percent" with the "%" after the number "30".
16. Section 4.1.2.6, insert the word "Habitat" after "Wildlife" in Table 4.1.
17. Section 4.1.5.4, add the following at the end of the last sentence: "and must comply
with the requirements of the County's Woodlands Conservation By-law."
18. Section 4.1.5.5, replace the words "Have regard for" with "Comply with" in subsection
h).
206
19. Section 4.2.3.3, replace the words "written approval" with "a valid permit / permission" in
the first sentence.
20. Section 4.2.4.1, replace "is not permitted" and replace with "will only be permitted".
21. Section 4.2.5.1, delete the word "no", pluralize the words "building" and "structure" and
insert the word "only" after the word "shall".
22. Section 4.3.2.2, replace with the word "Aquiver" in the section title with "Aquifer".
23. Section 4.3.2.4, insert the words ", at the time of application" after the word "submit" in
the first sentence.
24. Section 4.4.2.5, delete the section in its entirety and replace with the following:
"Wayside pits and quarries, portable asphalt plants and portable concrete plants used
on public authority contracts shall be permitted, without the need for an official plan
amendment, rezoning, or development permit under the Planning Act in all areas,
except those areas of existing development or particular environmental sensitivity which
have been determined to be incompatible with extraction and associated activities."
25. Section 5.1.2.1 change the policy references in this section as follows:
• Subsection c) to policy 5.1.3.2
• Subsection h) to policy 5.1.3.3
• Subsection i) to policy 5.1.4.2.
26. Section 5.1.2.1 k), replace the words "secondary dwelling units" with "residential
permissions within the Agricultural Area in accordance with policy 5.1.3.3."
27. Section 5.1.2.2.2 insert the words "small scale" before the word "food" in the first
sentence.
28. Section 5.1.3.2, insert the words "established in the Zoning By-law" at the end of
subsection c).
29. Section 5.1.3.3, add the following words at the end of the section-
"e) Secondary dwelling units where:
i) the size of the secondary dwelling unit is smaller relative to the primary
residence;
ii) the secondary dwelling is located within the farm cluster; and,
iii) the secondary dwelling has adequate servicing."
30. Section 5.1.4.5, insert the word "generally" before the number 40 in the first sentence.
207
31. Section 5.1.4.6, replace the paragraph with the following: "Severances for agricultural
related uses may be considered where both the severed and retained lots are generally
40 hectares in size. Despite this lot area requirement, the lot may be severed from an
agricultural lot that is generally less than 40 hectares provided that the agricultural land
is merged in name and title to an abutting agricultural lot."
32. Section 5.1.5.1, Insert the following at the end of this section:
"Nothing in this Plan shall limit the ability of farmers to carry out normal farm practices in
accordance with the Farming and Food Production Protection Act."
33. Section 5.1.5.2, insert the words "and said formulae shall be incorporated into the
Township's Zoning By-law" at the end of the sentence.
34. Section 5.2.2.2, change the policy references in this section as follows:
• Subsection h) to policy 5.2.2.3.6
• Subsection i) to policy 5.2.2.3.7
Add a new subsection g) as follows: "Professional offices and small -space commercial
uses in accordance with policy 5.2.3.5. "and re -number the remaining subsections as
required.
35. Table 5.1, delete the table in its entirety and replace with the following:
Density:
Dwelling type:
Maximum Density:
Maximum Building
Height:
Low
Single -detached,
Generally 20 units
Generally up to 3
semi-detached,
per net hectare
storeys
duplexes, triplexes
Medium
Townhomes and
Generally 50 units
Generally up to 3
low-rise apartments
per net hectare
storeys for
townhomes and 6
storeys for low-rise
a artment
36. Section 5.2.2.3.5, is deleted in its entirety and replaced with the following:
"5.2.2.3.5 Professional Offices and Small -Scale Commercial Uses
Certain types of professional offices and small-scale commercial uses which are
compatible with a residential neighbourhood and may are intended to serve as a
needed function to nearby residents may be permitted in specific residentially
designated areas. These uses include, but are not limited to a convenience store, cafe,
law office, doctor's office, chiropractic practice, dentist, accounting practice or
similar uses. Development standards can blend such uses into the residential
community to minimize undesired impacts. Professional offices and small-scale
208
commercial uses will be permitted in existing residential dwellings within the Residential
Areas provided:
a) The proposed use is limited to a professional practice or small-scale commercial
use;
b) Within Settlement Areas, the use fronts onto a Collector or Arterial Road; and,
c) Adequate parking and pedestrian connections are provided."
37. Section 5.2.2.4.1, delete the first sentence being "Site Layout of all new residential
development shall maintain or enhance the neighbourhood's prevailing pattern of lot
widths, lot depth and lot area".
38. Section 5.2.4.4.1, delete the word "residential" and "residences" throughout this section
and replace with "sensitive land uses".
39. Section 5.3.2, create a new subsection following subsection g) as follows:
"h) Institutional uses such as places of worship, community halls, and schools that
will support the viability of the Hamlet and which are commiserate with the
servicing policies of this plan."
40. Section 6.2.2.1, delete the word "be" and replace with "been" in the first paragraph.
41. Section 6.2.2.2, delete the letter "o" and replace with the word "on" in the second
sentence.
42. Section 6.2.3.1, insert the word "municipal" before the word "water" in the section title
and first sentence.
43. Section 7.7, Replace "Local Planning Appeal Tribunal (LPAT)" with "Ontario Land
Tribunal (OLT)".
44. Section 7.8.3.1, insert the words "legally -established" before the word "uses".
45. Section 7.11.2.1, insert the words "which may cover part or all of the corporate
boundaries of the Township" at the end of the first sentence".
46. Section 7.14, delete subsection d) in its entirety.
47. Section 7.15, delete subsection d) in its entirety.
48. Section 7.19, insert the words "Provincial Policy Statement, Elgin County Official Plan,
and this" before the word "Official" in subsection a).
49. Section 7.20, delete the first two sentences of the section in their entirety.
209
50. Section 7.22.4, delete the word "amendment" from subsections b), c) and d) and
replace with "variance".
51. Section 7.22.4, delete subsection d) in its entirety.
52. Section 7.23.3, delete the words "of sufficient size for agricultural use, including
adequate land for manure utilization from livestock on the property" and replace with
"generally 40 hectares in size" at the end of Subsection a).
53. Create a new section entitled "3.7 Contaminated Sites" which states the following:
"If the site of a proposed use or development is in the opinion of the Township or other
approval authority known or suspected to be a contaminated site, Council shall require
that prior to permitting development on the site, the proponent shall complete the
following to the satisfaction of the Township 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. Where an 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."
54. Create a new section entitled "5.3.4 Industrial Operations and Employment Lands"
which states the following and renumber the subsequent sections accordingly:
"Sensitive land uses shall be planned and developed to minimize and mitigate any
potential negative impacts from existing industrial operations and planned employment
areas to ensure the long-term operational and economic viability of said operations and
areas in accordance with provincial guidelines, standards and procedures."
55. Create a new section after the existing Section 5.1.3 entitled "5.1.4 Non Farm Uses" as
follows, and renumber subsequent sections as appropriate:
"The Township shall only permit non-agricultural uses in the agricultural designation for-
a) extraction of minerals, petroleum resources and mineral aggregate resources; or
b) limited non-residential uses, provided that all of the following are demonstrated:
i) the land does not comprise a specialty crop area,
ii) the proposed use complies with the minimum distance separation
formulae;
c) there is an identified need within the 20 year planning horizon of this plan
for additional land to accommodate the proposed use and alternative locations
have been evaluated, and
i) there are no reasonable alternative locations which avoid prime agricultural
areas; and
210
ii) there are no reasonable alternative locations in prime agricultural areas
with lower priority agricultural lands."
56. Create a new section after the existing Section 6.2.2.4 entitled "6.2.2.5 Sanitary
Sewage System Capacity" as follows:
"New development shall demonstrate that the municipal sanitary sewage system has
uncommitted reserve capacity available in order to ensure that capacity is not
exceeded. The Township may require the oversizing of sewer lines where future
servicing extensions are anticipated. The developer is responsible for the necessary
extensions and/or enlargements."
57. That the Table of Content, page numbering, and section numbering is revised as
required to address all modifications.
Dated at the County of Elgin this
Manager of Planning
County of Elgin
day of
, 2022.
211
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212
Township of Southwold
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1 Introduction....................................................................................................................................1
1.1
Context for this Official Plan.....................................................................................................1
1.2
Basis for the 2021 Official Plan.................................................................................................1
1.3
Effect of the Plan......................................................................................................................
2
1.4
Plan Organization and Interpretation.......................................................................................
2
1.5
Conformity with the Provincial Policy Statement and County of Elgin Official Plan....................3
2 Official Plan Objectives....................................................................................................................4
2.1
Growth Management Planning Objectives...............................................................................4
2.2
Resource Planning Objectives...................................................................................................4
2.3
Land Use Planning Objectives...................................................................................................4
2.4
Infrastructure Objectives..........................................................................................................5
2.5
Implementation Objectives......................................................................................................5
3 General
Policies...............................................................................................................................5
3.1
Growth Forecast......................................................................................................................
5
3.2
Growth Strategy.......................................................................................................................7
3.3
Economic Development.........................................................................................................
10
3.4
Housing..................................................................................................................................11
3.5
Land Use Compatibility...........................................................................................................
12
3.6
Climate Change......................................................................................................................
13
4 Environment and Resource Policies...............................................................................................
15
4.1
Natural Heritage.....................................................................................................................
15
4.2
Natural Hazard Lands.............................................................................................................20
4.3 Water Resources.................................................................................................................... 23
4.4 Mineral Aggregate Resources................................................................................................. 27
4.5 Petroleum Resources............................................................................................................. 30
4.6 Cultural Heritage and Archaeological Resources.....................................................................31
5 Land Use Policies...........................................................................................................................33
5.1 Agricultural Area....................................................................................................................33
5.2 Settlement Area Land Uses.................................................................................................... 37
5.3 Hamlets.................................................................................................................................43
5.4 Highway Service Commercial..................................................................................................44
213
Township of Southwold
21 Offl6aIC:aIIn�u�
5.5
Parks, Open Space and Recreation.........................................................................................
45
5.6
Waste Management Centre...................................................................................................
47
6 Infrastructure
................................................................................................................................
49
6.1
Transportation Network.........................................................................................................49
6.2
Sanitary, Water and Stormwater Management......................................................................
53
6.3
Municipal Drains....................................................................................................................56
6.4
Electrical Power Facilities.......................................................................................................57
6.5
Alternative and Renewable Energy Systems, Energy Conservation and Generation ................
57
6.6
Waste Management...............................................................................................................
58
6.7
Public Utilities........................................................................................................................59
6.8
Green Design and Green Infrastructure..................................................................................60
7 Implementation.............................................................................................................................
61
7.1
General..................................................................................................................................61
7.2
Delegation of Authority..........................................................................................................
61
7.3
Official Plan Amendments......................................................................................................
61
7.4
Five Year Review of Official Plan.............................................................................................
61
7.5
Pre -Consultation Requirements..............................................................................................61
7.6
Public Consultation and Engagement.....................................................................................
63
7.7
Decision, Notice and Appeal to LPAT......................................................................................
63
7.8
Existing, Non -Complying and Non -Conforming Uses...............................................................63
7.9
Planning Studies.....................................................................................................................
65
7.10
Secondary Plans.....................................................................................................................65
7.11
Community Improvement Plans.............................................................................................66
7.12
Community Benefits...............................................................................................................
67
7.13
Parkland Dedication...............................................................................................................67
7.14
Official Plan Amendments......................................................................................................
67
7.15
Zoning By -Law Amendment....................................................................................................
67
7.16
Temporary Use By-Laws.........................................................................................................
68
7.17
Interim Control By-law...........................................................................................................68
7.18
Part Lot Control......................................................................................................................
69
7.19
Plans of Subdivision................................................................................................................
69
7.20
Draft Plan of Condominium....................................................................................................
70
7.21
Site Plan Control.....................................................................................................................
70
214
Township of Southwold
21 Offl6aIC:aIIn�u�
7.22 Committee of Adjustment...................................................................................................... 72
7.23 Consents................................................................................................................................74
7.24 Capital Works.........................................................................................................................75
8 Definitions.....................................................................................................................................76
Appendix1............................................................................................................................................95
Environmental Impact Study.................................................................................................................. 95
Maps..................................................................................................................................................... 98
Map 1: Aquifer Vulnerability, Kettle Creek Watershed......................................................................99
Map 2: Highly Vulnerable Aquifers, kettle creek Watershed...........................................................100
Schedule 1: Municipal Structure
Schedule 2: Natural Heritage Features
Schedule 3: Natural Hazards
Schedule 4: General Land Use
Schedule 4A: Talbotville Land Use
Schedule 413: Shedden Land Use
Schedule 4C: Fingal Land Use
Schedule 4D: North Port Stanley Land Use
Schedule 4E: Hamlet Settlement Area Boundaries
Schedule 5: Transportation
Schedule 6: Petroleum Resources and Closed Waste Disposal Sites
215
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Map 1: Aquifer Vulnerability, Kettle Creek Watershed
Map I: Highly Vulnerable Aquifers, Kettle Creek Watershed
Map 3:Aquifer Vulnerability, Lower Thames Valley Watershed
Map4: Highly Vulnerable Aquifers, Lower Thames Valley Watershed
Table 3. 1: Population Forecast
Tab|e3.I: Housing Forecast
Table 3]: Employment Forecast
Table 4.1: Guidance for Assessing Impacts on Natural Heritage Features
Tab|eS.1: Residential Densities
iv
216
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®' Context foir this i i n
1.1.1 Historical Context
The Township of Southwold (also referred to as Township within this document) is located in
southwestern Ontario, generally between the shores of Lake Erie and the Thames River. The Township is
located in Elgin County and is approximately 30 kilometers south of the City of London and is home to
approximately 4,570 people (2016). The Township was initially opened for settlement in 1792, with early
colonists arriving in 1803. Initial development occurred along the Lake Erie shoreline and eventually the
arrival of the railway saw the emergence of a handful of smaller rural settlements. The Township was
incorporated in 1852 and while the intervening years have seen some major industrial developments
come and go, the present-day community is predominantly agricultural and includes a number of
smaller towns and hamlets.
• '_
The Township's first Official Plan (also referred to as Plan within this document) was adopted in 2011
and subsequently approved by the Province in 2013. Since the approval of the original Official Plan in
2013, there have been a number of policy changes at the Provincial and County level, along with a
number of emerging issues and opportunities which prompted the Township to launch a review of its
Official Plan in 2019. From a policy perspective, the Province adopted a new Provincial Policy Statement
and the County's first ever Official Plan came into force and effect in 2013. In recent years, the Township
has also begun to see a number of growth management issues emerge and there is a need for the
Official Plan to provide guidance on where and how the Township will grow over time.
1.2 Basisilr the 2021 Official
A review of the Official Plan was initiated in 2019 in order to respond to the changing local community,
physical conditions and to address the relevant economic, social and environmental changes. The
Official Plan Review (OPR) considered the Planning Act, Provincial Policy Statement, 2020 (PPS, 2020)
and the County of Elgin Official Plan (2013).
The basis for this 2021 Official Plan includes the PPS, 2020, the County Official Plan (2013) along with a
Policy Background Report (2019) which examines the detailed policy context, growth trends and
projections, growth management as well as agriculture, natural resources and natural hazards. The
comprehensive planning program initiated to prepare the 2021 Official Plan also included regular
meetings with Council, a public open house, and consultation with provincial agencies and the affected
Conservation Authorities.
This Plan is intended to provide planning guidance for a planning period of 2021-2041. This Plan will be
monitored, reviewed and amended on a five year basis, or as necessary to maintain its currency and
conformity with provincial and county policies. For additional detail on the basis for the Official Plan,
refer to Part 2 Objectives.
217
Township of Southwold
21 Offl6aIC:aIIn�u�
1.3 Effect of the Plan
After this Official Plan is approved by Council and adopted pursuant to the Planning Act, no work shall
be undertaken and, except as provided for under the Planning Act, no By-law shall be passed for any
purpose that does not conform to the Plan.
®4 Plan Organization and IInt it r t ti n
1.4.1 Official Plan Contents
The Official Plan includes the policies and text within the Plan, along with the Schedules and Definitions.
Material changes to the text and schedules of this document require an Official Plan Amendment. Minor
changes, including any formatting, typographical errors and numbering changes do not require an
Official Plan Amendment. Updates or modifications, for instance minor boundary adjustments, to the
maps within this Official Plan do not require an Amendment.
1.4.2 Organization of the Plan
The Plan consists of eight Parts:
Part 1— Introduction includes the rationale for the update to the Official Plan and details on the effect,
organization and interpretation of the content included.
Part 2 — Official Plan Objectives establish the direction for the policies in the corresponding sections in
the body of the Official Plan.
Part 3 — General Policies is comprised of the Growth Forecast, Growth Strategy, Settlement Area
Expansions, Economic Development, Housing, Land Use Compatibility and Additional General Policies.
Part 4 — Resource Policies is comprised of content on Natural Heritage, Natural Hazard Lands, Water
Resources, Mineral Aggregate Resources, Petroleum Resources, Cultural Heritage and Archaeological
Resources, and Climate Change.
Part 5 — Land Use Policies is comprised of content on Agricultural Areas, Settlement Areas, Hamlets,
Highway Commercial, Open Space, and Waste Management Centre.
Part 6— Infrastructure is comprised of policies pertaining to roads, sanitary, water, storm -water, power,
energy, utilities and green infrastructure.
Part 7 — Implementation describes how the objectives, policies, schedules and maps of the Official Plan
will be implemented.
Part 8 — Definitions — includes defined terms which form part of the Official Plan.
1.4.3 Interpretation
1,431 G e iiwe 4u
The contents of this Plan should be considered in its entirety when applying or interpreting policy.
The Township of Southwold's Council, appointed Committees, and Municipal staff are responsible for
the interpretation of this Plan. Where appropriate the Province of Ontario or County of Elgin's
interpretation shall be considered.
0
218
Township of Southwold
21 Offl6aIC:alln�u�
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In general, where two policies are in conflict, the more restrictive policy applies however interpretation
shall be subject to the discretion of the Township.
1,4,,3.° [)' uir ur IIir. i.eit11 reiaii ir.
The boundaries on all schedules are approximate unless defined using roads, railways, parcel boundaries
or physical features in which case the boundaries are to be considered absolute.
1.5 Conformityit the Provinciallip t t mnt and Countyf Elgin
Official n
Section 3 of the Planning Act requires municipalities to make decisions and enact by-laws, which are
consistent with the Provincial Policy Statement (PPS). The PPS, 2020 is inclusive of four sections that
develop a narrative of provincial direction on land use planning and development, which are: Building
Strong Communities, Wise Use and Management of Resources, Protecting Public Health and Safety and
Implementation. The Township of Southwold's Official Plan has been prepared to align with and be
consistent with the PPS, 2020.
1.5.2 County of Elgin Official Plan
The County of Elgin is the upper -tier municipality and the Township of Southwold is the lower -tier
municipality that comprise a two-tier planning system. The County of Elgin Official Plan provides
direction on matters of Provincial and County -wide interest. Based on the Planning Act, the lower -tier
municipality is to conform to the Official Plan of the upper -tier municipality. The Township of
Southwold's Official Plan is prepared to align with and conform to the County of Elgin Official Plan
(2013).
K
219
Township of Southwold
21 Offl6aIC:aIIn�u�
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The following objectives are intended to guide decision -making and provide context for the detailed
policies of this Official Plan.
j
a) To direct the majority of population and employment growth to settlement areas;
b) To encourage commercial and industrial development in appropriate locations and reserve
suitable lands in the Township for future economic development opportunities;
c) To provide guidance for future infrastructure investment;
d) To provide for a healthy agricultural sector within the Township's economy;
e) To ensure that the level of services required by development is within the Township's
financial capabilities;
f) To ensure that the Township of Southwold provides opportunities for employment, learning,
culture, recreation, and physical, social, emotional and spiritual well-being in a manner that is
environmentally sound;
g) To protect agricultural areas for agricultural and resource uses, and enhance the agricultural
economy within the Township;
h) To establish boundaries between settlement areas and agricultural areas by defining
settlement edges and discouraging urban uses in the agricultural areas;
i) To create attractive, functional and livable settlement areas that reflect the character of the
Township;
j) To preserve and enhance wherever possible the distinctive identity and character of the
settlement areas within the Township, while accommodating expected growth over the
planning horizon of this Plan;
k) To provide an adequate supply and diversity of housing types in appropriate locations within
settlement areas; and
1) To promote tourism in the Township which would facilitate appropriately located and scaled
commercial and recreational opportunities.
a) To protect and enhance natural heritage features, functions and resources;
b) To protect the long term potential for mineral and petroleum resource extraction;
c) To protect the Township's natural heritage resources, agricultural land base, water supply,
cultural and archaeological resources and provide for the wise use and protection of these
uses over the long term;
d) To reduce the risk to public safety and to property by directing development away from
natural hazard lands including flooding and unstable slopes; and
e) To provide a planning policy framework which broadly addresses the potential impacts of
climate change.
a) To minimize the potential for future land use conflict;
0
220
Township of Southwold
21 Offl6aIC:aIIn�u�
j
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b) To provide for a mix of uses within settlement areas which allow for a range of development
opportunities;
c) To provide for a range of rural and agricultural development opportunities which help to
support a vibrant economy;
d) To provide guidance for attractive built form;
e) To promote efficient, cost effective development and land use patterns to minimize land
consumption, reduce servicing costs; and
f) To encourage intensification and brownfield redevelopment within settlement areas.
a) To provide an efficient, well-connected and safe transportation network for moving people and
goods;
b) To support and promote active transportation;
c) To provide guidance for the sustainable expansion of infrastructure in accordance with the
Town's growth management strategy; and
d) To provide opportunities for green infrastructure development.
a) To provide guidance for how the policies of the Official Plan are to be implemented;
b) To provide a planning policy framework for decision -making which is transparent, efficient
and effective;
c) To support and encourage communication and consultation with the community,
stakeholders and investors;
d) To support and facilitate proactive dialogue with Indigenous communities; and
e) To provide a policy framework which supports collaboration with neighbouring municipalities,
the County of Elgin and other government agencies.
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®'1 Growth Foirecast
3.1.1 Time Horizon for Official Plan
The Official Plan is intended to provide planning guidance for a planning period of up to approximately
25 years. This Official Plan has been prepared up to 2041 time horizon. It is intended that this Plan will
be monitored, reviewed and amended as necessary to maintain its currency and usefulness.
3.1.2 Population Growth
The following population growth forecasts shall be used for the basis of long-range municipal planning,
growth management and municipal infrastructure planning. Table 3.1 describes the population forecast
for the Township of Southwold between 2019 and 2041.
0
221
Township DfSDuthvvD|d
2021 Of Cia|
Year
Population Including Undercouht
Source: 2016 from Statistics Canada Census. Forecast by Watson & Associates Economist Ltd., 2019
3.1.3 Housing Growth
The housing growth forecastshaU be used for the basis ofmunicipal planning related toservicing,
community facilities, parks and recreation space and other growth management sectors for serving the
anticipated growth. Tob|e 3.2describes the housing growth forecastforthaTovvnshipofSouthvvo|d
between I019and I041.
Table 3.2: Township
Year
of Southwold, 2041 Housing Forecast
Housing (units)
Source: 2016 from Statistics Canada Census. Forecast by Watson & Associates Economist Ltd., 2019
3.1.4 Employment Growth
Table 3.3: Township
Year
of,�outhwold, 2041 Employment Forecast
Jobs
Source: 2016 from Statistics Canada Census. Forecast by Watson & Associates Economist Ltd., 2019
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3.2.1 y'S'OO for Growth
The majority of the Township's future growth will be directed to the settlement areas of Talbotville,
Shaddan, Fingal and North Port Stanley where there is access and availability or planned access of
municipal sewage services and municipal water services.
3.2.2 Settlement Areas
3 Z21 KAUiriCipB� St[UCtU[e
Schedule 1 shows the Municipal Structure of the Township, illustrating the location of the larger
Settlement Areas, Hamlets and the Agricultural Area.
3.2.2.2 Setflerneir�tA[eB ie[B[ChY
The Settlement Areas of Talbotville, Shedden, Fingal and North Port Stanley will accommodate the
greatest amount ofgrowth and maintain the highest concentration in residential, industrial and
commercial development. Historically, these four Settlement Areas have seen the major of new
development in the Township. Talbotville is planned to be the focus of future housing, employment and
urban development opportunities given the availability of full municipal services and land in the
Settlement Area. Shaddan, Fingal and North Port Stanley remain important areas and are intended to be
a secondary focus for growth, providing a diversity of housing types. Both Shaddan and Fingal have
opportunities for growth and are expected togrow through infi||inR and uptake of remaininRRreenfie|d
lands (on full municipal services where services are extended in alignment the infrastructure policies of
this Plan). North Port Stanley which has a number of natural environment constraints is expected to see
a modest amount ofdevelopmental growth on partial services for infi||inRand minor rounding out of
existing development and would require full municipal services or private communal services for new
development.
12.23 eVebprneir�t iir� Setflerneir�tA[eBs
Full municipal sewage and water services are the preferred form of servicing in the Settlement Areas.
New development in Settlement Areas is intended to take place on full municipal services where
possible. If such services are not available, Council may consider development which uses alternate,
interim services, where it can be justified in accordance with the policies of Section 6.2 of this Plan.
Proponents may be required to prepare an Interim Servicing Study asdescribed in this Plan. The
Township recognizes a hierarchy ofservicing and may consider the use of municipally or privately owned
and operated communal systems for new development, individual on -site private systems and partial
municipal services for infi||inR and minor rounding out of existing development.
3.�2.2A Setflerneir�tA[eB [�"XpBir�siDir�s
At the time that this Plan was prepared it was determined that there is a sufficient supply of land within
the settlement areas to accommodate the I041Rrowth forecast and that there was no need for
settlement area expansions. The current settlement area boundaries are shown on Schedule 1 (with
additional details depicted on Schadu|e4A-4E). Future settlement area expansions shall only be
considered through a municipal comprehensive review which examines the following:
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21 Offl6aIC:alln�u�
a) The land capacity within the existing settlement areas to determine whether there is sufficient
supply of land to accommodate future growth through greenfield and intensification
development over the planning horizon;
b) The availability of existing or planned infrastructure and public service facilities which are
planned or available to accommodate growth;
c) Infrastructure and financial implications of growth;
d) Where an expansion is located in prime agricultural areas:
i. the lands do not comprise specialty crop areas;
ii. alternative locations have been evaluated and there are no reasonable alternatives
which avoid prime agricultural areas and there are also no reasonable alternatives on
lower priority agricultural lands in prime agricultural areas;
iii. the new or expanding settlement area is in compliance with the minimum distance
separation formulae; and,
iv. impacts from new or expanding settlement areas on agricultural operations which are
adjacent or close to the settlement area are mitigated to the extent feasible.
e) Implications for natural heritage features and/or any natural hazards.
322 5 et.tIerneir. i. re I[°"XI uru ii ir u�ide of a uuruidpall l r� Il a dheir s e IIR.evi
Notwithstanding Policy 3.2.2.4, the Township may permit adjustments of the Settlement Area
boundaries outside a comprehensive review provided:
a) There is no net increase of land within the Settlement Areas;
b) The adjustment would support the Township's ability to meet growth, intensification and
redevelopment targets;
c) Prime agricultural areas are addressed in accordance with 3.2.2.4 d) and e); and,
d) The Settlement Area to which lands would be added can be appropriately serviced and there is
sufficient reserve infrastructure capacity to service the lands.
C
The Township has seven small hamlets including Frome, Iona, Iona Station, Middlemarch, Lawrence
Station, Paynes Mills and Southwold Station (see Schedule 4E). Given the limited availability of full
services, future growth will be limited to small scale infilling and redevelopment within the Hamlets.
Hamlets do not have full municipal services, nor the expectation of that full services will be provided in
the future. Partial services are permitted to address a need and/or failure of private sewage and water
services on existing lots. Hamlets are planned to maintain their historic communities' character through
architectural details and features through infilling or minor rounding out of existing development. Refer
to Section 5.3 for additional details.
In general, the Agricultural Area is inclusive of all lands outside Settlement Areas and Hamlets. The
Agricultural Area is characterized primarily by agriculture and clusters of development of insufficient size
and variety of uses, to warrant designation as Rural Settlement Areas. Any new servicing shall be
through individual on -site sewage services and individual on -site water services, or by municipal water
services, provided that such development is consistent with natural heritage and resource protection
policies and does not increase the overall density in the Agricultural Area. Additional polices for guiding
development within the Agricultural Area are provided in Section 5.1 of this Plan.
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21 Offl6aIC:alln�u�
3.2.5 Intensification
3251 G e iiwe 4u Il iruieirnsfficaiioiru
The Township encourages intensification within its four Settlement Areas and seven Hamlets. All new
intensification may be permitted where such development would constitute minor infilling or rounding
out of existing development within the Settlement Area or Hamlet boundaries.
32,5. 2. irieirusfficahoirTargei
Intensification is the development of a property, site or area at a higher density than currently exists
through:
a) Redevelopment, including the reuse of brownfield and greyfield sites;
b) The development of vacant and/or underutilized lots within previously developed areas;
c) Infill development; and
d) The expansion or conversion of existing buildings.
The Official Plan intensification target is 10%, recognizing that the majority of future growth is expected
to occur on greenfield lands within the Settlement Areas.
3.2.6 Greenfield Areas
Areas of Greenfield development shall take the form of extensions to the existing built-up area subject
to the policies in Section 5 of this Plan. Development in Greenfield Areas shall require a phasing plan
based on the extension of municipal services and utilities.
3.2.7 Housing Supply
A minimum of 15-year supply of land shall be designated for residential purposes at all times to
accommodate future housing needs. The Township will also maintain a minimum of a 3-year supply of
land with servicing capacity for residential units in draft approved or registered plans.
3.2.8 Employment Lands
12,81 [�'r III II u.e ir. i. II�... it u III III II
At the time that this Plan was prepared it was determined that the Township has sufficient supply of
vacant employment lands to accommodate future employment growth. The Township will maintain a
sufficient supply of employment lands to provide opportunities for a variety of economic development
opportunities. The Township's employment lands are mainly located in Talbotville as well as Shedden.
Refer to Schedules 4A and 4B for additional details.
1'�, , 8 "�� u..we urii uru of II:'°: rIII u.e u,.u.i ... uru
Any proposal to convert lands within a designated Employment Area to another type of land use will
only be considered through a Municipal Comprehensive Review which demonstrates:
a) the land is not required over the long term;
b) there is a need for the conversion;
c) there is sufficient supply of employment lands to accommodate employment growth;
d) there is existing or planned infrastructure and public service facilities to accommodate the
proposed use;
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21 Offl6aIC:alln�u�
e) the proposed use meets the interest of the public in the long and short-term, rather than
employment uses; and
f) the land use is compatible.
3.3 EconomicII
The Township is located in close proximity to the City of London and the City of St. Thomas, with direct
access to Provincial Highway 401. This Plan encourages forms of development which will expand the
economic development of the Township, improve the Township's fiscal position and positively
contribute toward the development of a balanced community through local employment opportunities.
y .'1 ,,1A Cornrneirc4I aird II it un- II I[irarnic ID ev II III u.e iir. t
Council will actively encourage the development of new and expanded commercial and industrial
operations within the Township. The Township, in cooperation with Elgin County and other jurisdictions,
will pursue the development of industrial and mixed industrial/ commercial uses in the Talbotville
industrial area where there is access to full municipal services. Council will encourage the establishment
of commercial and industrial uses which support and enhance the agricultural sector of the Township's
economy.
w3,1 Z Sffiirof rnrneirc4ird ir uti4i I[::coirmrni IDevdoprneir.t.
New and expanded commercial and industrial development are to be located in the Industrial and
Commercial designations within Settlement Areas to optimize the benefits of location, servicing, and to
minimize impact on agriculture. Council will ensure a supply of lands designated for commercial and
industrial use to adequately meet the anticipated requirement over the planning period. Council will
encourage the efficient use of commercial and industrial land. The use of large lots by small operations
will be discouraged unless there is a need for future expansion. Refer to the policies of section 5.2.3 and
5.2.4 for additional details on Industrial and Commercial permissions.
3,31 w3 [�'r III II u.eir. i. Areas
The Township's Employment Areas are located in the Settlement Areas of Talbotville and Shedden and
are designated as Industrial. The supply of Employment land in the Township will be reviewed
periodically through the Municipality's Municipal Comprehensive Review to ensure that there is an
appropriate amount of designated land to meet the Municipality's long term planning needs. A
significant supply of vacant employment land is located in Talbotville, with a portion of it containing
Ford's former St. Thomas Assembly Plant site on Sunset Drive. The expectation of the Township is that
this site will be redeveloped for employment purposes and the Township supports the rehabilitation and
redevelopment of this strategic site for employment purposes.
„.' A :'r nII Il yrnei ui re II:)r ie iioiru
Conversion of Employment Areas may only be permitted through a Municipal Comprehensive Review
where it is demonstrated that the land is not required for employment purposes over the long term and
that there is a need for the conversion. Notwithstanding the above, the Township may permit the
conversion of Employment Areas where it can be demonstrated that:
im
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21 Offl6aIC:alln�u�
a) There is a need for the conversion and the lands are not required for the employment purposes
over the long term;
b) The proposed uses would not adversely affect the overall viability of the broader employment
area;
c) Existing or planned infrastructure and public service facilities are available to accommodate the
proposed uses.
3,31 5 IIII It)oir iNe [:coirmrnic DeveIbprn iirni
Council will work in conjunction with neighbouring municipalities and the County in order to give focus
and direction to its economic development efforts. Where appropriate, the Township will coordinate its
economic development efforts with Elgin County and other municipalities within the County. Council will
protect the City of Toronto waste disposal facility from incompatible land uses and will encourage the
development of complementary land uses. In pursuing economic development, Council, at all times,
ensure that the costs associated with development are within the Township's financial capabilities, and
that there are no undue social or environmental costs.
111,6 Laird Use Coir�sdeirai�oir�s
The Township will encourage the reuse of vacant industrial buildings and the redevelopment of vacant
industrial sites. Council will work to ensure that the physical needs of business are addressed, ensuring
that:
a) A diversity of zoned and ideally serviced sites are available to support a range of
industrial and service activities;
b) Settlement areas are adequately served by telecommunication facilities; and
c) Industrial areas are well designed and have a high level of available amenities, including
access to major transportation routes that are attractive to new investors.
3.3 A �7 ii-&- siru.0 iu.ure Coirusdeirahoirs
The Township will promote the installation, maintenance and improvement of modern infrastructure
systems including roads and railways, pipelines, and telecommunications networks to service existing
and future employment.
The Township's agricultural system is comprised of inter -connected elements that collectively create an
important component of the Township's economy. The Agricultural system includes all prime
agricultural areas and rural lands, as well as the supporting agri-food network and associated
infrastructure which are essential to the success and vibrancy of the sector. Section 5 of this Plan
provides additional guidance for the agricultural system, including opportunities for economic
development, including guidance for agricultural uses, agricultural -related uses, on -farm diversification
and agri-tourism.
3.4 Housing
The Township is part of a larger regional market area and should support meeting the needs,
affordability and preferences of residents in a manner which is compatible with the scale of the existing
11
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2021 Of li line IC: alln�u�
communities and commensurate with the services required to support it. The Township will encourage
innovative housing designs particularly those which offer energy efficiency, reduced municipal
expenditures or lower costs to purchasers. The Township may participate in the housing programs of
other levels of government in order to achieve the residential goals of the Plan.
3.4.1 Affordable Housing
3A, ,11 Affair IIfle II -II u.0 s iru II::)ehir, e
Affordable housing is defined as the least expensive of housing for which the purchase price results in
annual accommodation cost which does not exceed 30 percent of the gross annual household income
for low and moderate income households, or housing which is priced 10% below the average purchase
price of a resale unit in the regional market area. When rental housing is considered part of, or the
entirety of a new development, affordable housing will be defined as that which is rented below the
average market rent in the regional market area.
3 a . % 2 A ff ur I[ II e Ih.-Iui ir Target
The Township shall encourage all new residential and mixed use development in settlement areas and
hamlets, to include a target of 20% affordable housing units or dwelling. This target shall be calculated
as affordable based on the definition in Section 3.4.1.1 and applied to the entirety of the development.
The Township's 2041 housing demand is 1050 residential units, which requires the Township to provide
approximately 210 new affordable housing units by 2041.
3,41 3 Affoirda[ e Ih-I uiirr Target Aa Ifleverneir. i
To support affordable housing, the Township will work collaboratively with the private sector by
encouraging residential intensification, a mix of tenure types and mix of housing typologies/built form.
The Township may also consider additional tools, including but not limited to Community Improvement
Plan incentives and alternative development standards.
3.4.2 Secondary Dwelling Units
The Township recognizes secondary dwelling units as an important component to support affordable
housing options. Secondary dwelling units are permitted as -of -right within the land use designations of:
Agricultural areas, Settlement Areas and Hamlets, refer to the policies of Section 5.1, Section 5.2 and
Section 5.3. Site Plan control is required for all secondary dwelling units.
3.5 Land Use Compatibility
New development shall be compatible with adjacent land uses and have regard for the Ministry of
Environment Land Use and Compatibility Guidelines (D-6 Guidelines).
3.5.1 Sensitive Uses
Residential areas and other sensitive uses, such as hospitals and nursing homes, will be protected from
undesirable air quality, excessive noise and vibration, and excessive dust and odour through the policies
of the Plan and the use of Site Plan Control. Developers may be required to perform noise, dust, odour
and/or vibration assessments and determine control measures that are satisfactory to the Township and
the Province.
12
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21 Offl6aIC:aIIn�u�
3.5.2 Major Facilities
Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not
possible, minimize and mitigate any potential adverse effects from odour, noise and other
contaminants, minimize risk to public health and safety, and to ensure the long-term operational and
economic viability of major facilities in accordance with provincial guidelines, standards and procedures.
Where avoidance is not possible planning authorities shall protect the long-term viability of existing or
planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that
the planning and development of proposed adjacent sensitive land uses are only permitted if the
following are demonstrated in accordance with provincial guidelines, standards and procedures:
a) there is an identified need for the proposed use;
b) alternative locations for the proposed use have been evaluated and there are no reasonable
alternative locations;
c) adverse effects to the proposed sensitive land use are minimized and mitigated; and
d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated.
3.5.3 New Development Compatibility
All site designs of new developments must provide a development plan that demonstrates the scale of
the development and/or addition or expansion is compatible with the character of the area,
incorporates appropriate buffering in accordance with the Zoning By-law and ensure no adverse impact
on views and shadowing, when applicable.
3.6 Ckimate
The Township recognizes the importance of providing a strong policy framework for addressing the
impacts of a changing climate. Impacts of a changing climate refers to the present and future
consequences from changes in weather patterns at local and regional levels including extreme weather
events and increased climate variability. The Township's approach includes objectives and actions to
mitigate greenhouse gas emissions and provide for adaptation to a changing climate including through
increasing resiliency. The Township's approach to climate includes the following, but is not limited to:
a) Implementing a hierarchy of settlement areas, where future growth and development is
compact and concentrated in a few locations so as to preserve the agricultural land base and
reduce the potential for commuting (refer to Section 3.2 for additional details);
b) Protecting important natural heritage features and functions (refer to Section 4.1);
c) Restricting development within known hazards areas, including shoreline areas which may be
subject to erosion, wave uprush and flooding, as well as riverine flood hazards and areas with
unstable slopes (refer to Section 4.2);
d) Supporting and promoting opportunities for complete streets and active transportation
infrastructure (refer to section 6.1);
e) Integrating when possible the planning of stormwater, sewage and water services for
optimization, feasibility and financial viability of systems and to prepare for the impacts of a
changing climate (refer section 6.2);
13
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21 Offl6aIC:aIIn�u�
f) Promoting and supporting opportunities for energy conservation and the production of
alternative and renewable energy systems (refer to section 6.5); and,
g) Promoting green development and infrastructure standards (refer to section 6.8).
In an effort to reduce greenhouse gas emissions, the Township will:
h) Promote settlement areas structure and active transportation network;
i) Support any efforts by the County on specific initiatives to reduce greenhouse gas emissions;
j) Collaborate and implement any objectives of a climate change action plan or related plan; and
k) Contribute to carbon capture strategies and actions through tree planting and enhancing and
protecting tree cover.
E
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21 OffldaIC:aIIn�u�
lu JMII
umurumurJmAMmiMuY�lfi�["Jlj
0 umurO�
/ulu
IIIIIIIIIIIIII
uu»uyg�� �rrrrrrrrJy C
�r� �� uumurl�ioiii///0' l0000uu ��
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4®1 Natural Heiritage
4.1.1 General Policies
4.1 .1.1 Na ux4u II.Ileitag b II:'ea u. res
Natural Heritage Features are to be protected for the long term and include: Significant Wetlands,
Significant Coastal Wetlands, Significant Habitat of Endangered Species and Threatened Species,
Significant Woodlands, Significant Valleylands, Significant Wildlife Habitat, Fish Habitat, and Significant
Areas of Natural and Scientific Interest. Known Natural Heritage Features within the Township include
Provincially Significant Wetlands, Areas of Natural and Scientific Interest and Significant Woodlands. For
the purpose of this plan, all woodlands equal or greater than 4 hectares in size are considered
significant. All Natural Heritage Features are intended to be in alignment with the County of Elgin Official
Plan (2013). Should the County update the Natural Heritage Feature policy or mapping, this Plan will
incorporate updates during the appropriate review.
4,1,1.' . ..cdC ii Il II iiveirsii.i it oirui ue iMi
The diversity and connectivity of Natural Features in the Township 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 ground water features.
4 1.I . 3 Locatioirf INux4u Il...11eutage II ebxure
Natural Heritage Features are identified on Schedule 2 of this Plan.
.1A A &girdhcairi II l ll.)iii i of ['irdairugered Spedes aird Tlhireateirued Spedes
The Significant Habitat of Endangered Species and Threatened Species is not shown on Schedule 2.
Species at risk and their habitat are protected under the Endangered Species Act (ESA) and are identified
on the Species at Risk in Ontario List. Where required, Environmental Impact Studies in accordance with
Policy 4.1.4 of this Plan or other applicable planning reports/studies will be used to identify the extent of
the habitat of endangered species and threatened species.
4.,1, 1 w5 Updates to Nbx4u IL IIeutage II[ eature II II II iiur
The boundaries of the Natural Heritage Features depicted on Schedule 2 are intended to provide
guidance on the location of known Natural Heritage Features in the Township based on the most up to
date information. The mapping on Schedule 2 is not intended to limit the existence of other Natural
Heritage Features. As newer more up to date mapping becomes available the Township will update the
mapping in Schedule 2 and the implementing Zoning by-law as required.
15
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Township of Southwold
2021 Of li line IC: alln�u�
-1 1 e 6 A ii urm ur Adjustrneiruis io IN .�. uxu4I II II e it i� e I[�: e bxure IIA III III i ir
Minor adjustments to the boundaries of the Natural Heritage Features may be permitted without an
Amendment to the Official Plan, where an Environmental Impact Study has been prepared and
completed to the satisfaction of the Township and applicable Conservation Authority. Refer to Policy
4.1.4 for additional details on Environmental Impact Studies.
. l ."j .7 N n.uu41 -Ieiliage 11 e b.uures Net G iir
Where appropriate the Township may be open to net gain opportunities for natural heritage features to
assist with achieving the County's goal of no net loss and striving for improvements to existing natural
heritage coverage within the Township.
4.1.2 Development and Site Alteration
,1.2,11 �)einrn�iled Uses iirINbx4u Il..Iei iiiage II ebxure
Permitted uses on lands identified as Natural Heritage Features include open space uses, conservation
uses, forestry uses, fish and wildlife management uses, passive outdoor recreational uses and existing
agricultural uses. Marine facilities, such as docks and boat ramps may also be permitted.
.1h, 2, . :)evdopr neir. i iirINbx4u II IIeili e I[:'ea uxres aird Aireas
Any development or site alternation proposed within Natural Heritage Features and Areas must be
assessed under the Endangered Species Act (ESA). The landowner shall request a review under the ESA
from the Ministry of Environment, Conservation and Parks (MECP), prior to beginning site alteration
and/or conducting ESA surveys. The MECP will review available ESA data to determine if ESA species are
known or likely to occur on the property. If ESA species are known to occur the landowner may be
required to engage a qualified biologist to determine if the proposed development may contravene the
ESA. Project screening through an Information Gathering Form would be needed to initiate a project
screening request after which MECP would provide a response indicating that contravention under the
ESA is not likely to occur or contravention under the ESA is likely to occur with recommended options
for seeking approval. No development or site alteration shall be permitted until the landowner for the
development or site alteration has provided the necessary documentation to the MECP.
1, 2,3 ') ev II III r e iru i i a .0 �:) rov i ir ii II II i it ii hir. i. Wedairds it
Proposed development and site alteration shall not be permitted within lands identified as Provincially
Significant Wetlands. Schedule 2 identifies the location of known Provincially Significant Wetlands.
1, :)evdopr neir. i iirgirdhcai°ui II...II II.)ui i of I[.'i dairug re II edes aird 'flhireateirued
„IIIe iies
Proposed development and site alteration shall not be permitted in Significant Habitat of Endangered
Species and Threatened Species, except in accordance with provincial and federal requirements.
,2, ')evdoprn eir. i. iirgirdhcairi Woodairds airdAreas ohm INbx4u it ieiru iffi
Proposed development and site alteration within lands identified as Significant Woodlands and Areas of
Natural and Scientific Interest will not be permitted unless it can be demonstrated that there will be no
0
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21 OffldaIC:alln�u�
negative impacts on the natural features or their ecological functions through the completion and
approval of an Environmental Impact Study. Where development and site alteration within lands
identified as Significant Woodlands and Significant Areas of Natural and Scientific Interest are being
proposed, the Township will consult with the appropriate Conservation Authority, the County and the
Province (where required) regarding the scope of the Environmental Impact Study.
4126 DeveIICIpr neir„ i jaceirui .iC INbx4u II-Iei age II eabx es
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 their ecological function.
Where permitted in the policies of this plan, proposed development and site alteration adjacent to
Natural Heritage Features identified on Schedule 2 are required to demonstrate that there will be no
negative impacts on the natural feature or its ecological functions through the completion of an
Environmental Impact Study. The landowner shall request Endangered Species Act (ESA) information
from the Ministry of Environment, Conservation and Parks (MECP) - Aylmer District, prior to beginning
site alteration and/or conducting species at risk surveys and follow the prescribed steps of section
4.1.2.2. Where development and site alteration adjacent to Natural Heritage Features and Areas is
proposed, the Township will consult with the appropriate Conservation Authority, the County and the
Province, as required. The Township will use the setbacks in Table 4.1 to determine the need for an
Environmental Impact Study:
119
' e e
Provincially Significant Wetland 120 metres
Significant Woodlands
120 metres
Significant Wildlife
120 metres
Significant Habitat of Endangered Species and Threatened
120 metres
Provincially Significant Areas of Natural Scientific Interest —
50 metres
Earth Science
Provincially Significant Areas of Natural and Scientific Interest —
120 metres
Life Science
Significant Valleylands
120 metres
Fish Habitat
120 metres
." ,31 Watercourse Il�:�)roiecifoiru
Development in and adjacent to watercourses is regulated by two Conservation Authorities in the
Township — Kettle Creek Conservation Authority and Lower Thames Valley Conservation Authority and
depending on the presence of fish habitat, the federal Department of Fisheries and Oceans. The policies
of this Official Plan are intended to complement the regulatory function under the Conservation
Authorities Act and the Fisheries Act. The Township's watercourses are depicted on Schedule 3. All
17
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21 Offl6aIC:alln�u�
watercourses in the Township are considered to be of significance since they often have multi-
dimensional functions, as they transport water sediment and energy and also provide storage for
drainage and flooding. They are living systems, providing habitat for fish, amphibians, invertebrates,
birds, plants and other species. They also provide opportunities for recreation, education and tourism.
41,12 . Devdopr neir„ i jaceirui .iC Watercourse
Proposed development and site alteration adjacent to a watercourse shall ensure that there are no
negative impacts on fish habitat and adverse effects for stormwater management (quality/quantity) are
addressed. The following principles will apply to any proposed development adjacent to a watercourse
in the Township:
a) Natural stream bank vegetation should be maintained;
b) Grassed slopes and other native vegetation, or other suitable erosion control methods,
should be introduced and should be maintained on the banks of watercourses;
c) Construction of tile outlets should not contribute to erosion along watercourses;
d) Tree planting or other buffer measures should be installed where appropriate to protect
watercourse banks and enhance the "biological corridor" role of watercourses;
e) Interim measures to protect the watercourse from erosion and sedimentation during
construction are incorporated; and
f) An appropriate setback for all development from the top of bank, and outside of the flood
plain / ravine system, of watercourses will be required in order to prevent erosion, reduce
the loss of flood storage capacity improve water quality, enhance wildlife corridors and
protect fish habitat, in addition to protecting the development from flooding and slope
instability.
Approval from the appropriate Conservation Authority is required for any development on or adjacent
to a watercourse.
Development and site alterations shall not be permitted within fish habitat, except in accordance with
federal requirements. If it is determined that the development has the potential to impact fish habitat,
the proponent is required to consult with the appropriate Fisheries and Oceans Canada to determine
whether permitting and/or approvals are required.
4.1, 4 1 ::: u.0 ii a u.0 ury u.0 II II impact i i u.0 es
Where the policies of this Plan require that an Environmental Impact Study be prepared, the
Environmental Impact Study must be undertaken by qualified professionals and prepared in accordance
with the policies contained in Appendix 1 of this Plan. Where the policies of this Plan require that an
Environmental Impact Study be prepared, the Township will consult with the appropriate agency
regarding the scope of the Environmental Impact Study. The Township reserves the right to have an
Environmental Impact Study peer reviewed at the cost of the applicant.
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21 Offl6aIC:"Iln�u�
1 4, [.'xe r III i ii ir firorn airu II::: u�u ii u u u u a .u.�. II II rnpaci Studes
In instances where there is a low likelihood that the proposed development will have a negative impact
on the Natural Heritage Feature or Area, the Township in consultation with any appropriate agencies
may waive the requirement for the Environmental Impact Study.
.,1. , ".i [�"irugagerneiri of iru s e ury i ii ir° u.0 flh°°u a ffi es
A Service Agreement with the appropriate Conservation Authority and Township needs to be developed
and executed prior to the Conservation Authority engagement with the development of an
Environmental Impact Study to address natural heritage policy requirements.
4.1.5 Preservation and Enhancement
4,1 „ 51 � ir, i.ffiii o iru ohm INbx4u II Il e it i a g e I[:'e .�. axur
The Township encourages the identification, preservation, and enhancement of natural heritage
features that are not identified on Schedule 2. The Township will work with public stakeholders to
identify natural features and areas. Natural features may include rare trees, tree rows, vegetated areas,
secondary corridors, linkage areas, and other wildlife habitat.
IlNa ux4u unu doirs
The Township encourages the connectivity of Natural Heritage Features through a system of natural
corridors. Connectivity between and among natural heritage features and areas, surface water features
and ground water features will be maintained, restored or, where possible, enhanced.
,,1,5,3 Ores eury iii u u of Oh. e Il.. kedh oire Aires
The Lake Erie Shoreline area provides natural habitat and linkages for flora, fauna, fish and wildlife. Land
use decisions shall have regard for the importance of the Lakeshore Area as natural habitat for flora,
fauna, fish, and wildlife. The need to preserve significant natural heritage features and natural linkages
and corridors for wildlife and the enhancement of natural heritage systems will be considered.
1, 5 . 4, Tree Ih:)r ie iioiru
The County of Elgin Woodlands Conservation By-law regulates the removal of trees within the Township.
Proposed development and site alteration shall prevent the removal of any trees to the extent possible.
If a tree must be removed, trees of a similar species with sufficient maturity shall be planted within a
reasonable timeframe following tree removal. The applicant must consult with the County prior to the
removal of any trees.
4."II 5 v 5 Tree ee Sav ii ir II�:�) II ir.
The Township may require development applications within or adjacent to wooded areas to include a
Tree Saving Plan. The Tree Saving Plan shall:
a) Contain an inventory of existing tree species and condition;
b) Indicate the impact of development on existing trees and the wildlife habitat that they
provide;
c) Indicate measures necessary to reduce the negative effect of development;
M
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21 Offl6aIC:alln�u�
d) Indicate the trees to be removed and ensure the preservation of the remaining trees;
e) Indicate a plan for the replacement of trees with suitable quality stock, preferably of
indigenous species, and maintenance of replacement trees to a free -to -grow stage;
f) Be included in the development agreement;
g) Incorporate the requirements of an Environmental Impact Study if the wooded area is part
of a Significant Woodland; and
h) Have regard for the requirement of the County of Elgin Woodlands Conservation By-law.
4.2 uriHazaird Lands
4.2.1 General Policies
4,211 ii"s i e ii i ii u. a .emu II"°u u. a ii u. a Il iiii,nate
One important element to managing the risks around a changing climate is to maintain up to date
mapping of natural hazards to minimize risks to the public's health and safety, property damage and
other impacts of a changing climate. The Township will work with the County and Conservation
Authorities to ensure all guidelines and plans related to natural hazard lands are kept up to date.
y w 2 d. y. r ll u eur i s of IIN bxu4l Iazaird L it
Natural Hazard Lands identified in the Township include hazardous lands that are subject to flooding
hazards, erosion hazards and dynamic beach hazards. The Lake Erie Shoreline presents potential natural
hazards that are unique to the lake and land interface. The Lake Erie Shoreline in the Township consists
mostly of bluffs, which are susceptible to erosion and slumping resulting from wind and wave action
from the lake. The Thames River, associated flood plain, natural watercourses and associated ravine
systems (e.g. Talbot Creek and tributaries) also presents potential natural hazards that are unique to the
river and land interface.
y . 2..1, i. L o ca ti o irf INbx4u Ih. I a za ird Lairds
Schedule 3 of this Plan is intended to provide guidance on the location of lands that have the potential
to be hazardous lands. Technical studies prepared by qualified professionals may be required to define
the extent of the actual hazard lands in consultation with the Township and appropriate Conservation
Authority.
4.21 4 Updates to IN uxu4I dazaird Lairds II III III i ir
The boundaries of Natural Hazard Lands depicted on Schedule 3 are intended to provide guidance on
the location of known hazardous lands. The mapping depicted on Schedules 3 is not intended to limit
the existence of other Natural Hazard lands which have not been mapped. Where detailed mapping of
hazardous lands and hazardous sites becomes available, the Township will work with the appropriate
Conservation Authority and Ministry to incorporate updates to the mapping in this Official Plan and the
implementing Zoning By-law.
4.,2,1. 5 '4 e i IDevdopr neir. i Away firor n Il..Iazaird u.0 s ILairds
Development shall be directed away from areas identified as hazardous lands as it could result in the
loss of lives, damage to private and public property and undue financial burdens for the Township.
m
236
Township of Southwold
202 1 Offl6aIC: alln�u�
„2.1, 6 D ev II III r e uru i ir. Ih. II : ur2 uIh... it 2
Development and site alteration is not permitted in areas that would be inaccessible to people and
vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has
been demonstrated that the site has safe access and egress appropriate for the nature of the
development and the natural hazard.
.2. 1 , 7 Uses Not �:) e unu.i il ed ir. zrd uIh... it 2
Development and site alteration is prohibited on hazard lands and hazardous sites for institutional uses
associated with hospitals, nursing homes, pre-school, nurseries, daycare, schools, essential emergency
service, electrical substations and uses associated with the disposal, manufacture, treatment or storage
of hazardous substances.
4.2:1 A Devdoprn err i of Accessory I[3u.uiill2'iirg , Stru.0 iu.ures aird Uses
The Zoning By-law will determine the permitted types, sizes and locations of accessory buildings,
structures and uses within the erosion hazard area in consultation with the applicable Conservation
Authority.
4.2.2 Lake Erie Shoreline Hazard
4.2,211 2IhhoireIhiru e II irmgernei ui Ih:)Il u,u
The Lake Erie shoreline within the Township, is predominately within the Kettle Creek Conservation
Authority's jurisdiction. The most up to date Shoreline Management Plan for the Kettle Creek watershed
shall be used for guiding Township decision making along the Lake Erie shoreline. The Township is
located along the Lake Erie shoreline as defined in the 2015 Elgin County Shoreline Management Plan.
The Lake Erie shoreline presents potential hazards that are unique to the lake/land interface.
.2.2 2 .. it 2 Use IDed i uru II ir 2 Ohe II.. Ike I[.'.0 iie S1 a ireIIiiurue
The Township will consult with the Kettle Creek Conservation Authority prior to making any land use
decisions along the Lake Erie shoreline. Development and site alteration which has the potential to
negatively impact an existing hazard or create a new hazard is prohibited.
4.2Z3 2i ie Ih)ll uru aird Oth. eir Agreerneiruis abirug II.. Ike I[:'i e 21p. oirelhiru e
Property owners along the Lake Erie Shoreline may be required to enter into a site plan and/or
development agreement with the Township should reconstruction or relocation of existing
buildings/structures already located within such hazardous lands be desired.
4,2.2.. 211hoireIhiru e IDevdoprn iirni
The shoreline management plans prepared for the Lake Erie shoreline within the Township of Southwold
have determined that the 100 year recession rates for the high bluff reaches are severe based on
Provincial standards. The average annual recession rate for this reach of shoreline is 1.6m/yr. Proposed
development within the Shoreline Erosion Hazard Limits shall require a permit from the Conservation
Authority and may not be permitted depending on potential risks to property, human health and safety.
21
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Township DfSDuthvvD|d
2021 Of Cia|
4,225 �RdDCBtiDir� Df[�'xi3�ir�g [)'Ui�&-qs
The relocation of a dwelling within hazardous lands is permitted provided the dwelling is relocated
outside orasfar from the hazard as possible and there is no increase in size or structural alteration
other than a new foundation. The Technical Guide for Great Lakes — St. Lawrence River Shorelines,
Appendix A7.2 — Existing Development Within the Hazardous Lands should be referenced for the
minimum requirements and considerations.
4,226 Setback �ReQUi[erneir�ts
Reductions in required yard setbacks shall be permitted for the purpose of increasing the setback from a
hazard. The degree of reduction shall take into consideration the character of the area, setbacks from
utilities and hazards related to proximity tothe street.
4,2.Z7 Bird GeDteChiriCB�� StUdesDir� Uir�stBtfle Lairds
Where slope stabilization, development or redevelopment is proposed near the top -of -bank of a
watercourse or slope, the proponent will consult with the Township and the appropriate Conservation
Authority having jurisdiction regarding the need for geotechnical or engineering studies.
4,228 Bird GeDteChiriCB�� StUdesDUtsde Uir�stBtfle Lairds
Where slope stabilization, development or redevelopment is proposed outside regulated areas, the
Township may consult with the appropriate Conservation Authority at its own discretion regarding the
need for Reotechnica|orengineering studies.
4.2.3 F|OOd'OO Hazard
4.2.311 [}ir�e 'ZDir�e CDir�Cept
The Flood Hazard Limit for watercourses is subject to the One Zone Concept as defined by the
Regulatory Flood Standard which will be determined inconsultation with the appropriate Conservation
Authorities.
4,23.2 �RegU�BtD[YF]DDd StBirdB[ds
The Township is within the jurisdiction of the Kettle Creek and the Lower Thames Valley Conservation
Authorities. The Regulatory Flood Standard for the area under the Kettle Creek Conservation Authority
jurisdiction is based on the Hurricane Hazel storm -centred event which occurred in 1954. The
Regulatory Flood Standard for the area under the jurisdiction of the Lower Thames Valley Conservation
Authority isbased onthe 1937Thames River flood event.
4,233 DeVdDprneir�tVVit�iir� F]DDdp�Biir�
Development within the floodplain is not permitted without written approval from the appropriate
Conservation Authority having jurisdiction and in accordance with Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulations which are administered by the
relevant Conservation Authority.
238
Township DfSDuthvvD|d
2021 Of Cia|
4,23A [��xiG�ir�g ')eVdDprneir�tVViir� F]DDdp�Biir�
Any works or construction taking place within thafloodp|ain must be in conformity with the policies of
this Plan, the policies of the appropriate Conservation Authority, and will require a permit from the
appropriate Conservation Authority.
4,21.3.5 SUppD[tiir�g StUdesfor [�'xistir�g ')eVdDprneir�tVVit�iir� F]DDdp�Biir�
The preparation of engineering reports to determine the extent of the Flood Hazard Limit may be
required in areas where no engineered floodplain lines exist. The cost of any required reports will be
borne bythe development proponent.
4.2.4 Dynamic Beach Hazard
4.2 � 4.-1 ')eVdDprneir�tVVit�iir�the DYirBrniC[3eBCh�B�B[�
Development and site alteration is not permitted within the dynamic beach hazard and wave uprush
hazard zone in consultation with the appropriate Conservation Authority.
4.2.5 Unstable Lands
4.2 "ll ')eVdDprneir�tDir� Uir�stB[fle ..Birds
No new building or structure shall be permitted within the 100 year erosion allowance and the 3:1
stable slope allowance in consultation with the appropriate Conservation Authority.
4,2,5'2 ')eVdDprneir�tArkBCeir�ttDUir�stB[fle ..Birds
Proposed development adjacent to steep slopes, which includes the Lake Erie shoreline, or watercourse
valleys will basubject tosetbacks from the stable top-mf-bank. The stable top-mf-bankwill ba
determined through a technical analysis by a qualified professional to the satisfaction of the Township
and the appropriate Conservation Authority. The required development setback will reflect the degree,
severity and extent ofthe hazard. The erosion hazard (slope setback) will badetermined using an
allowance for slope stability, an erosion allowance based upon the 100-year erosion rate, and an erosion
access allowance. A minimum standard setback may be included in the implementing Zoning By-law.
4~3 Wateir Resources
4.3.1 General [rO|'C'eS
4,31,11 �DCBtiDir�DfWater �ResDU[Ces
The Township iswithin Isource water protection regions. The Thames, Sydanhamand Region Source
Protection covers the geographic area of Lower Thames Valley Conservation Authority and the Lake Erie
Source Protection Region covers the geographic area of the Kettle Creek Conservation Authority.
The Thames, Syclenham and Region Source Protection Committee have mapped Significant
Groundwater Recharge Areas Vulnerability and Aquifer Vulnerability through the Source Protection Plan
approved on September 17, 2015 and are depicted on Map 1 and Map 2 of this Plan.
239
Township of Southwold
21 Offl6aIC:alln�u�
The Lake Erie Source Protection Region have mapped Significant Groundwater Recharge Areas
Vulnerability and Aquifer Vulnerability through the Source Protection Plan May 15, 2014 and are
depicted on Map 3 and Map 4 of this Plan.
Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas have been identified in Source
Water Protection Area Assessment Reports as being vulnerable to contaminants.
43,12 Updates .t Water II: es u.urces II II II iiuru
The Water Resources depicted on Maps 1 to 4 are intended to provide guidance on the location of
Significant Groundwater Recharge Areas based on Provincial mapping. The mapping depicted on Maps 1
to 4 is not intended to limit the existence of other aquifers and groundwater recharge areas or possibly
an Intake Protection Zone. The Official Plan and Implementing Zoning By-law will be amended as
required.
Changes to the extent of aquifers and groundwater recharge areas or an Intake Protection Zone will be
reflected on Source Water Protection Schedules to be incorporated as part of the Official Plan. For the
benefit of the reader, these vulnerable areas have been generally identified on Maps 1 to 4 of this Plan.
This mapping is intended to reflect the mapping in the approved Source Protection Plan and Assessment
Report which may be revised or updated from time to time without the need for an amendment to this
Plan. In the case of a discrepancy, the mapping in the most recently approved Source Protection Plan
and Assessment Report shall take precedence.
Proposed development and site alterations should consider the cumulative impacts of a proposed
development within and across watersheds.
31 A ) ro i ei.i o iru ohm G it u ird wa t e it aird Suirface Water II ebxurn
Groundwater features and surface water features and their related hydrologic functions must be
protected, improved or restored to promote public health and to address the current and future needs
of residents, businesses and the natural environment.
To the extent feasible, the Township will support Conservation Authorities in the preparation and
implementation of watershed and subwatershed management plans, including those that extend
beyond the municipal boundaries.
The Township encourages achievement of a 30% forest cover in a watershed to support bio-diversity,
and the overall health of the watershed. .
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43,21 DeVebprneir�t[)ir�D[ArkBCeir�ttD&girihCBir�tG[DUirdVVBte[Bird SU[faCe WBte[
FeStUPes
Development and site alterations within or adjacent to significant groundwater features and significant
surface water features are discouraged. Proposed development and site alteration must demonstrate
that the quality and quantity of significant groundwater features and significant surface water features
will not be negatively impacted prior to the approval of a development application. Mitigative measures
or alternative development approaches may be required to demonstrate how the quality and quantity
ofsignificant groundwater features and significant surface water features is protected.
4.3.22
The Township discourages the development of new industrial uses and accessory industrial uses on
lands designated High Aquifer Vulnerability Areas, as depicted on Maps 2 and 4 of this Plan. Industrial
uses permitted will generally be non -noxious industrial uses within enclosed buildings.
4.323 G[DUirdVVBte[impBCtAssessrneir�ts
Depending on the level ofsusceptibility and potential groundwater contaminants, the Township may
require that a groundwater impact assessment be completed as part ofthe development approval
process.
4,32A �[iVBte Water Sources
Most lands within the Township have access to municipal drinking water sources. Planning applications
that propose to make use of a private water source will be required to submit a detailed hydrogeological
study to determine the suitability of the lands for groundwater extraction. The hydroReo|oRica|study
will be prepared to the satisfaction ofthe Township and the appropriate Conservation Authority. Where
new development is proposed on a site with an existing well, the applicant may only be required to
submit awell study and drinking water test.
4,325 ��)e[rnittDTBke WBte[
A Permit To Take Water (PTTW), in accordance with the Ontario Water ResourcesAct is required from
the Ministry of Environment where more than 50,000 litres a day of groundwater and surface water will
be drawn.
4,326 SiD[irnVVBte[KABirBgerneir�t
The Township shall promote stormvvater management practices that minimize stormvvatervo|umes and
contaminant loads and maintain or increase the extent of vegetative and pervious surfaces.
4,327 StD[irnVVBte[KABirBgerneir�tFBCi�ities
The Township will require the use ofstormvvater management facilities downstream of new
developments, where appropriate, to mitigate development impacts on stormwater quantity and
quality and include provisions to protect groundwater recharge/discharge areas. The Township will
promote naturalized and unfenced stormvvater management facilities, constructed with gentle slopes.
241
Township of Southwold
21 Offl6aIC:alln�u�
The Township discourages the placement of proposed stormwater management facilities from occurring
within or upon natural heritage and/or natural hazard area.
Applications for development will be required to be supported by a stormwater quality/quantity
management study. The planning and design of stormwater facilities should be undertaken in
accordance with the Ministry of the Environment's Stormwater Management Planning and Design
Manual. Environmental Assessment and Certificate of Approval may be required from the Ministry of
Environment in connection with stormwater management facilities and permits to take water.
4.3.3 Source Water Protection
3.311 Source Water II:Ir ie iioiru
In accordance with the Clean Water Act, 2006 and Provincial Policy Statement, the Township will take
measures to protect, improve and/or restore the quantity and quality of groundwater sources to secure
long-term hydrologic stability, healthy aquatic habitat and safe drinking water supply.
3.3,2 WdIIII ead II:Ir ie hour° real
There are no Wellhead Protection Areas in the Township according to both the Lower Thames and the
Kettle Creek Source Water Protection Assessment Reports.
,133 lulir ll� ri Water „u.uII II II
The Township's drinking water is supplied from the Elgin Area Primary Water Supply Treatment Plant
located in Municipality of Central Elgin. The intake for the Water Treatment Plant is in Lake Erie. At this
time, there are no Intake Protection Zones in the Township according to the Kettle Creek Source
Protection Area Assessment Report and the Lower Thames Valley Source Protection Area Assessment
Report
Development proposals or changes in use in these areas will require determination of their potential
negative impact on the groundwater and appropriate mitigating measures imposed as a condition of
approval.
4.33,115 Jvestock Olpeir hour° s
In the interest of protecting the quality of ground and surface waters, new or expanding livestock
operations will satisfy the policies of this Plan.
y, y. y,6 iru i Ike II:) r i e i i o iru iru
A future Intake Protection Zone may be identified in the Township, depending on the outcome of the
Source Water Protection Plan process. The Township will consult with the appropriate Conservation
Authority as information on an Intake Protection Zone becomes available. The Official Plan and
Implementing Zoning By-law will be amended as required.
m
242
Township of Southwold
21 Offl6aIC:aIIn�u�
4®4 Mineirall Aggiregate Resources
4.4.1 General Policies
4, .w .1l I eii"niif�caiii u°n ohm Il iii"eu 11 negate Il esou.uu es
At the time of this Plan, there are no known mineral aggregate resource areas in the Township. The
intent of the policies in this section is to provide guidance in the event the Township receives an
application related to mineral aggregate resource extraction.
A I .�'. I r v i ir ii II II:° .e u.0 ii re r e urn i
All resource extractive uses must satisfy the requirements of the Province as to water supply, disposal of
liquid wastes, pumping operations, the control of air and noise pollution and vibrations where blasting is
involved.
„ 1,1 New Il iiure4u iregat e OIpeir i. oir ours Lairds Not IDes� girm�ie
Applications for the establishment of new mineral aggregate operations on lands not designated will
require an amendment to both the Official Plan and Zoning By-law. Applications to amend the Official
Plan and Zoning By-law must be supported with the following information:
a) The location, shape, topography, contours, dimensions, area and characteristics of the lands
to be used for the new resource extraction operation;
b) The use of all land, and the location and use of all buildings and structures on the subject
lands and within 500 metres (1,640 feet) of any of the boundaries of the lands to be used for
the resource extraction operation;
c) The specific location, type, quantity and quality of the mineral resources within the lands to
be used for resource extraction purposes;
d) Plans showing progressive grade changes, excavation setbacks, proposed buildings, changes
to the drainage systems, access points, mineral storage areas, screening and berming and
progressive rehabilitation of the site during the active life of the resource extraction
operations; and
e) The final rehabilitation and reuse of the site.
The above -noted information may be supplied by the proponent in an application for a license under the
Aggregate Resource Act, a separate submission to the Township or a combination of both.
Where extraction is proposed below the water table, the following criteria will be satisfied.
a) A Permit To Take Water, in accordance with the Ontario Water Resources Act will be
required from the Ministry of Environment where more than 50,000 litres a day of
groundwater/surface water will be drawn. A hydrogeological study will be conducted for
aggregate operations that intend to use groundwater resources to wash their aggregate and
will use greater than 50,000 litres per day during this washing process;
No
243
Township of Southwold
2021 Offl6aIC "Iln�u�
b) A Certificate of Approval from the Ministry of Environment may be required to treat and
dispose of excess water;
c) A substantial quantity of mineral aggregate is located below the water table warranting
extraction below the water table;
d) Other alternatives have been considered by the applicant and have been found unsuitable.
Other alternatives include resources on land committed to future urban uses, and resources
in the Agricultural Area where rehabilitation to agricultural uses is possible; and
e) In those areas remaining above the water table following extraction, agricultural
rehabilitation will be maximized.
t,2,3 iiure4uAggregate Opeirahoirs oirILairds iirit u.ulhu.ui4l rea Desgin hour°
Mineral aggregate extraction is permitted as an interim use on lands designated as Agricultural Area
provided that the site will be rehabilitated back to an agricultural condition, where extraction is not
below the water table.
. . iiure4u Il..:Ar iioiru iiuru Il:)ilr ne Agilcuhui4ireas
In prime agricultural areas extraction of mineral aggregate resources will be supported by an agricultural
impact assessment. Where possible, the assessment will provide guidance on how to maintain or
improve connectivity of the agricultural system.
4,425 ii e �:)its aird Qu.0 ril e b Il )o url I[ II e AspIhah ait uru a e.i e II) II ir i°�
The use of wayside pits and quarries, portable asphalt plants, and portable concrete plants on
Municipal, County or Provincial road authority contracts will be permitted in all land use designations
except Hazard Lands and Natural Heritage Features and Areas as identified on Schedule 2 and Schedule
3 of this Plan and areas where conflicts with existing developments would occur.
,42 iiure4u Aggregate Opeiraiioiru Il 1phcatioiru
Applications for a Mineral Aggregate Operation shall include a range of supporting studies which shall
demonstrate impacts and recommend appropriate mitigation measures. Studies shall be prepared in
coordination with the County and other applicable agencies. Study shall include the following (but are
not limited to):
a) Traffic Impact Study;
b) Environmental Impact Study;
c) Archaeological and Cultural Heritage Study;
d) Stormwater Management and Hydrologic Study;
e) Agricultural Impact Assessment;
f) Visual Impact Assessment; and,
g) Land Use Compatibility Assessment.
4.4.3 Rehabilitation
3,"1 )rogre sNe airdIl::iiun llIl.6lu lbiilliii hour°
Progressive and final rehabilitation for mineral aggregate operations is required. Progressive and final
rehabilitation shall accommodate subsequent land uses, promote land use compatibility, recognize the
244
Township of Southwold
2021 Of li line IC: alln�u�
interim nature of extraction, and mitigate negative impacts to the extent possible. Final rehabilitation of
the operation must be compatible with the surrounding land use and approved land use designations.
A , y .,'y. :.e h an I') ii 11 ii i a i i o ir. II: II a u,.0
The Township requires applications for new mineral aggregate operations to submit a rehabilitation plan
to satisfy the requirements of the Province, the County, and the Township.
4,433 6lu lbullui iii urf A it u.ulhu.uu41 ILairds
Where extraction takes place on agricultural lands, the lands shall be rehabilitated to an agricultural
condition. Complete rehabilitation to an agricultural condition is not required if:
a) There is a substantial quantity of mineral resource below the water table warranting
extraction;
b) The depth of planned extraction makes restoration of pre -extraction agricultural capability
unfeasible;
c) Other alternatives have been considered by the applicant and found unsuitable. The
consideration of other alternatives shall include resources in areas of Canada Land Inventory
Class 4 through 7 lands, resources on lands identified as designated growth areas, and
resources on prime agricultural lands where rehabilitation is feasible. Where no other
alternatives are found, prime agricultural lands shall be protected in this order of priority:
specialty crop areas, Canada Land Inventory Class 1, 2 and 3 lands; and
d) Agricultural rehabilitation in remaining areas is maximized.
4A 3A Coirusdeirahoirof o0her Uses
Where agricultural rehabilitation is not required, other appropriate after uses, such as recreational uses
may be considered in accordance with the policies of this Plan. Sites may also be rehabilitated to
wildlife habitat using native species for vegetation. If a proposed use is not permitted in the Agricultural
designation, an Official Plan Amendment will be required.
4.4.4 Recycling of Mineral Aggregates
4.4.,4.1 Aggregate Ih: e y lliiuru I[:'ac llffies
The Township permits the use of aggregate recycling facilities within licensed mineral aggregate
operations provided the appropriate mitigation measures are implemented to minimize any potential
adverse effects on surrounding land uses and the natural environment. Mitigation measures should
address for off -site impacts related to views/vistas, dust, noise and other potential impacts associated
with the operation.
The Township supports the recovery and recycling of manufactured materials derived from mineral
aggregate resources for reuse in public work projects as a substitute for new mineral aggregate
resources.
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4~5 Petroleum Resources
4.5.1 General [rO|'C'eS
4.511 LDCBtiDir� of ��Iei[D�eUrn ���esDU[Ces
There is one known Petroleum Resource pool in the Township ofSouthold. The location of the
Township's petroleum resources is shown on Schedule 6 of this Plan.
4,51.2, Updates tD �St[D�eUrn ���esDU[Ces KABppiir�g
The mapping depicted on Schedule 6 is not intended to limit the existence of Petroleum Resources. The
Township will consult with the Province as new mapping of Petroleum Resources becomes available.
The Official Plan and implementing Zoning By-law will be amended as required.
4,51.3 KABir�Bgerneir�t of ��)et[D�eUrn ���esDU[Ces
Petroleum resources shall be recognized and managed as non-renewable resources.
4.51A [�'A[BCtiDir� Df��)et[D�eUrn ���esDU[Ces
The extraction of petroleum resources shall be permitted in accordance with the Oil, Gas and Salt
Resources Act and associated regulations.
4.5.2 Existing Wells
4,521 �[DpDsed ')eVdDprneir�t iir� �[DxirnitYtD [�'xistir�g Wehs
Proposed developments shall be set back a minimum of 75 metres from existing wells and any
associated works.
4,5.22 �[DpDsed ')eVdDprneir�t iir� �[DxirnitYtD rnp[Dpe[�Y ')eCDrnrnissiDir�ed WeHs
Improperly decommissioned (plugged) wells or associated works discovered during the planning or
implementing of a new developmental proposal shall be properly decommissioned in accordance with
the Oil, Gas and Salt Resources Act, regulations and Provincial Operating Standards prior toany activity
associated with adevelopment continuing.
4.5.3 [)eCOOOOO'SS'OOed Wells
4,531 �[DpDsed ')eVdDprneir�t [)ir� D[ArkBCeir�ttD ')eCDrnrnissiDir�ed WeHs
Proposed development on or adjacent to lands with a decommissioned well and any associated works is
only permitted if site rehabilitation has been completed and known hazards are appropriately mitigated.
4.5.4 RehBb'|'tBt'OO
4.5.41 ���6,Bbi�tBtiDir�DfWeHs
Rehabilitation and clean-up of wells is required after operations have ceased in accordance with the
provision of the Mining Act and the Oil, Gas and Salt Resources Act, regulations, and Provincial
Operating Standards. Progressive rehabilitation should be undertaken wherever feasible.
NN
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Township of Southwold
2021 Of li line IC: alln�u�
4.6 Cultuirallilrit n Archaeological uilr
4.6.1 General Policies
4,611 i iri a� irn aird I[:: i u 11 a iru e our Cuhu14II-Ieiliage Il� esources aird Lairdscapes
p
The Township supports the maintenance, preservation, and enhancement of the area's cultural heritage
resources for the benefit of the community as a whole. Cultural heritage resources include buildings,
structures, landscapes, monuments or artifacts of cultural heritage value or interest.
.&1,2 deiruffyiiru2 Areas of Arlhaedogicak l Il) teiru iii 11
The Township may identify areas of archaeological potential through the use of Provincial screening
criteria, or criteria based on known archaeological sites within the Township developed by a licensed
archaeologist. The Township recognizes that there are precontact and historic archaeological sites, and
areas containing archaeological potential within the Township.
„61,°; [..sta:)Ilii llfliru2 a Auirddill llII-IIeiliage Cornrnutlee
Council may establish a Municipal Heritage Committee according to the Ontario Heritage Act to advise
and assist Council on matters related to the Act and other matters of heritage conservation. The
Heritage Committee shall identify and maintain a registry of possible heritage properties which would
include properties of cultural heritage value or interest.
„6,1, 4 ArIhaedI 2ii Il IIA iruageu neiri II)Iairus aird Cuhu14II\Aairuagerneiri II:)Iairus
The Township supports the development of archaeological management plans and cultural plans in
conserving cultural heritage and archaeological resources.
. (S l a 5 �:) r v i ir ii II �:° .e u.0 ii re u.e uru i
The Township may utilize Parts IV and V of the Ontario Heritage Act to conserve cultural heritage
resources through the designation of individual properties or areas, and the designation of a group or
groups of properties as Heritage Conservation Districts.
4.6.2 Development Within or Adjacent to Cultural and Archaeological Resources
or Areas
,,6.2 1 ')evdoprn iru ioir. ILairds Mflh Auraklhaedogicak l Il esources or Areas of
Aur Ih. aedogii Il II:)otei° i4
Development and site alteration is not permitted on lands containing archaeological resources or areas
of archaeological potential unless significant archaeological resources have been conserved. Proposed
developments and site alterations on lands containing archaeological resources or areas of
archaeological potential must submit an archaeological assessment. The Township may require the
assessment prior to final planning approval, or as a condition of final planning approval. Archaeological
assessment reports conducted by licensed archaeologists shall be in compliance with standards and
guidelines set out by the Ministry of Heritage, Sport, Tourism and Culture Industries as well as licensing
requirements developed under the Ontario Heritage Act.
31
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Township DfSDuthvvD|d
2021 Of Cia|
4,622 DeVebprneir�t [)ir� D[ArkBCeir�ttD B �[DteCted e[iBge �[DperlV
Proposed developments and site alterations on or adjacent to protected heritage properties are
required to provide a heritage impact assessment as part of the development approval process,
demonstrating that the heritage attributes of the protected heritage property will be conserved.
4,623 KAB[ked D[Uir�rnB[ked Cernete[ies
When an identified marked or unmarked cemetery is affected by land use development, the Ministry of
Heritage, Sport, Tourism and Culture Industries and the Cemeteries Registrar Unit of the Ministry of
Consumer Services shall be notified according to the provisions of the Ontario HeritageAct and the
[e/neteriesAxtand those provisions shall apply.
4.6.3 Participation and Consultation
4.63.1 �U[)hC �B[tiCipBtiDir�
The Township will encourage and foster public awareness, participation and involvement in the
preservation, restoration and utilization ofheritage resources.
4,632 �� ir� dig e ir�DUs CDir� sU�tBtiDir�
The Township shall engage with Indigenous communities and consider their interests when identifying,
protecting and managing cultural heritage and archaeological resources..
4.6.4 Marine Archaeological ReSOU[CeS
Within the Township boundaries, there may be marine archaeological resources, including the remains
ofboats, artifacts, docks and other items ofcultural heritage value. Prior toapproving adevelopment
proposal where there is a potential for marine archaeological resources, the Township shall require a
marine archaeological survey to be conducted by a licensed marine archaeologist to the satisfaction of
the Township and the Ministry of Heritage, Sport, Tourism and Culture Industries. Marine archaeological
remains may currently be under water or were, at one time, under water but may no longer be
submerged.
IN
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21 Offl6aIC:aIIn�u�
Illlpum�mu /l� muul�g/ mmiuuiu uu»uyg jrrrrrrrlJ�g� �%aao� mmiuuiu rc�aap/l�jrn
umi..... i00000u �iaoG///G �JpU/D oioifll� us 00000JAMM+oi lJ � ///I� i00000uJAMM+� Oiiiiil
5.1.1 Planned Function
The Agricultural Area in Southwold is part of a broader inter -connected system of elements which spans
across the County of Elgin and southwestern Ontario more generally. This broader agricultural system is
the foundation for Ontario's vibrant and thriving agricultural sector. Accordingly, lands designated as
Agriculture are intended to support a broad range of economic development activities related to
farming and include the following elements:
a) Agricultural Uses;
b) Agricultural Related Uses; and,
c) On -Farm Diversified uses.
5.1.2 Agricultural Uses
51,,21 �:Ieinrniiled Uses
Agricultural uses have the highest priority in designated Agricultural Areas. Non-agricultural uses are
discouraged and should be located in Settlement Areas, Hamlets or other appropriate designations to
help preserve agricultural land and to prevent conflict between farm and non -farm uses. Permitted uses
within Agricultural Areas include the following:
a) Growing of crops, nurseries, biomass 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 structure;
b) Agricultural -related uses in accordance with policy 5.1.2.2;
c) On -farm diversified uses in accordance with policy 5.1.2.3;
d) Existing institutional uses and cemeteries;
e) Petroleum resource exploration and extraction;
f) Aggregate resource extraction;
g) Forestry, conservation and open space uses;
h) Limited residential uses in accordance with policy 5.1.2.4;
i) Cannabis cultivation in accordance with policy 5.1.4.3;
j) Alternative energy facilities in accordance with Provincial requirements;
k) Secondary dwelling units.
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51,22 ulu.ulhu.uu41 �Rdated Uses
5.1.2.2.1 IIerirmufilted Agilcnfltu4I IIRdtee-uWse
Agricultural Related Uses include farm -related commercial and farm -related industrial uses that are
directly related to farm operations in the area, support the agricultural system, benefit from being in
close proximity to farm operations and provide direct products and/or services to farm operations as a
primary activity.
5.1.2.2.2 Cilteila for Agilcnfltu4I Rdated Use
Examples of such uses include, but are not limited to, grain dryers, feed mills, cold and dry storage
facilities, grain and seed storage facilities, distribution facilities, abattoirs, food and beverage processing
operations (e.g. wineries, cheese factories), farmer's market selling mostly local produce and farm
auction operations. Agricultural -related industrial uses may include uses such as industrial operations
that process farm commodities. The following requirements shall apply to all agricultural related uses:
a) The use is directly related to the farm operation and requires a location in close proximity to the
farm operation;
b) The need and demand for the use at the location proposed can be demonstrated to the
satisfaction of the Township;
c) The use is located on the least productive agricultural land, where possible;
d) The use is located on a road capable of accommodating the traffic generated;
e) The requirements and standards for Township, County and Province regarding water supply,
sewage disposal, drainage, air quality, noise and vibration are satisfied;
f) The use is located in conformity with the Minimum Distance Separation formulae and does not
adversely impact surrounding agricultural activities;
g) The size and scale of the facility is appropriate for the rural character of the surrounding area
and does not adversely impact adjacent agricultural uses;
h) The use does not negatively impact natural heritage features and areas and functions;
i) A site -specific Zoning By-law Amendment is obtained; and
j) Lot frontage, depth and size of any lot proposed to be used or created is adequate for the
proposed use and will be in accordance with the Zoning By-law.
5.1.3 On -Farm Diversified Uses
. V , 31 :`einr niiile 0u.u-II::: unury n II::Weirsffiie Uses
On -Farm Diversified Uses are secondary to the principal agricultural use of the property and are limited
in size. On -farm diversified uses include, but are not limited to, home occupations, agri-tourism uses,
indoor cannabis cultivation and uses that produce value-added agricultural products. Ground -mounted
solar facilities, less than 10 kilowatts are permitted in the Agricultural Areas as on -farm diversified uses.
" "'132 Citeila for 0u n_II::: unury n II::Weirsffiie Uses
On -farm diversification is encouraged as a means of supporting the overall vibrancy and viability of the
Agricultural Area. The following applies to all On -Farm Diversified Uses:
a) The uses must be clearly secondary to the principle agricultural use of the lot;
b) The uses may include home occupations, bed and breakfast, and uses that produce value-added
agricultural products from the farm operation on the property;
II
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2021 Of li line IC: alln�u�
c) The area will be limited based on total footprint of the uses, on a lot coverage ratio basis;
d) Any buildings or structures associated with such uses should be of a design and style that will
allow for ease of conversion to an agricultural use if the secondary use should cease;
e) Appropriate development standards must be contained in the Zoning By-law regarding the
maximum floor area for such uses, signage, access, parking and outside storage;
f) Site plan approval and site plan agreements may be required;
g) The severance of secondary uses from the farm lot will not be permitted;
h) Home occupations will be operated or undertaken by residents of the site. The number of non-
residents assisting in the operation of the home occupation will be limited per the Zoning By-
law.
i) Home occupations will not create a nuisance or conditions inconsistent or incompatible with
nearby agricultural uses or the agricultural character of the area.
5,133 es eiruiii IlIeinry nissioir° s Mfl°nuu a .0 e A it u.uhu.uu4 Aires
Residential dwellings within the Agricultural Area are limited to:
a) New single -detached dwellings accessory to an agriculture use;
b) Existing single -detached non -farm dwellings;
c) New single -detached non -farm dwellings, constructed on vacant lots existing on the date of
adoption of this Plan, and held in distinct and separate ownership from abutting lands, subject
to the requirements of the Zoning By-law; and
d) Temporary residences for seasonal farm labour may be permitted or one permanent second
farm residence may be permitted for full-time farm labour where the size and nature of the
operation requires additional farm related employment.
5.1.4 Additional Policies
[3ufldirugs
Existing non-agricultural buildings within an Agricultural Area may be reused in accordance with the
policies for Agricultural Related Uses or On -Farm Diversified Use for a new use that is similar to the
previous use or more in keeping with the surrounding Agricultural area. A Zoning By-law amendment
may be required.
5.1, . ir. it b i s Girowflh S III eii II�:Iohcy
All Cannabis cultivation and processing shall be in accordance with the Cannabis Act and supporting
Health Canada Regulations 2018 or its predecessor. The outdoor cultivation of cannabis is considered an
agricultural use. The outdoor cultivation of cannabis is permitted subject to security requirements under
the Cannabis Act, including physical barriers around the site and visual monitoring at all entry points. A
setback from sensitive land uses in proximity to the site is subject to the Township's discretion and
updates to the Zoning By-law.
1 4,3 'Araciioirn off. Il)etr eu.ur n Il es u.urces
Extraction of petroleum resources is permitted in Agricultural areas provided that the site is
rehabilitated to agricultural use and in accordance with the policies of this Plan.
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5,1,4-.4 Wooded Areas urmi &.flbject to igirdhcai°i W iru s IIIC ides
Development in wooded areas of the Agricultural Area shall be carried out in a manner that encourages
preservation and protection of treed areas in keeping with the policies as outlined in the Natural
Heritage Section 4.1. This Plan recognizes the importance of trees to agriculture due to their wind
protection and moisture holding capabilities, and encourages reforestation and conservation of
woodlots. Removal of treed areas is subject to the County of Elgin's Woodland Conservation By-law.
5 u��� 1. .5 Wirdimurn Lot & ze for A ulu hu u4� Uses
The minimum lot size for new agricultural parcels shall be 40 hectares to discourage the unwarranted
fragmentation of farmland. This Plan supports the provision of agricultural land parcels of sufficient size
for long-term agricultural use recognizing the need to maintain maximum flexibility for farm operators
to engage in differing types and sizes of agricultural operation. Existing parcels of insufficient size for
agricultural use will be encouraged to consolidate with adjoining farmlands where possible.
5� 1. .6 Aiiu,.uii urn [:'ainrn ILoi &ze for Uses
Severances for agricultural related uses may be considered where the lot is being severed from an
agricultural lot that is 40 hectares in size. Despite this lot area requirement, the lot may be severed
from an agricultural lot that is less than 40 hectares provided that the agricultural land is added to an
abutting agricultural lot.
All new non -farm lots will be limited in size so that a minimum of land is taken out of agricultural uses,
and will be located on the least productive land where possible. The lot size and shape will be consistent
with expected current and future needs with respect to water supply and sewage disposal.
5.1.5 Agricultural Area Interface
51, 5. 1 Ail u hu i4l ll�:I ra cfte
The Township encourages landowners to employ farm management practices in Agricultural Areas that
are sensitive to the natural environment, and in conjunction with the appropriate Conservation
Authority regulations, including the following:
a) cultivation methods aimed at minimizing erosion,
b) re-establishment of natural features;
c) planting of stabilizing vegetation on creek flats and slopes to minimize erosion and run-off;
d) proper construction of drainage tile outlets to minimize erosion along water -courses;
e) restricting livestock access to watercourses;
f) appropriate application of fertilizers and herbicides to minimize chemical run-off;
g) proper storage, handling and disposal of hazardous and non -hazardous pollutants;
h) maintaining a buffer strip along watercourses, ditches and open drains; and
i) the preparation of Nutrient Management Plans.
51,52 ".2 A ii it ii i u rn :;) i s t ir e „e III ira i i ir.
New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with
the Minimum Distance Separation formulae.
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5. " , 5, �3 A III III II iic a i i o ir f NA II'SII
The Township shall require compliance with the MDS I requirements for all types of development
proposed by building permit on all existing lots of record outside of Hamlets and Settlement Areas. The
Township requires compliance with the MDS I requirements for surplus farm dwelling severances. The
Township does not require compliance with the MDS I requirements for the construction of a new
dwelling that is replacing a dwelling that is demolished in whole, or in part, by a catastrophe, provided
that the new dwelling is located no closer to a livestock facility than prior to the catastrophe. The
Township shall not apply MDS I in Hamlets and Settlement Areas designations.
51 , o 4. III III II ca t i ir f IIWDS I II
The Township shall not apply MDS 11 in Hamlets and Settlement Areas. The Township shall apply the
MDS 11 requirements for the construction of a livestock facility that is replacing a livestock facility that is
destroyed by a catastrophe. The Township shall treat closed cemeteries in compliance with the
Minimum Distance Separation Implementation Guidelines in accordance with the levels of visitation to
the cemeteries.
5.2 Settleiment Area
5.2.1 Complete Communities
Settlement Areas are intended to be planned as complete communities with a mix of residential,
commercial, employment, institutional and recreational uses. The detailed land use for each Settlement
Area is depicted on Schedules 4A, 413, 4C and 4D.
5.2.2 Residential
5,221 �:) II ir. ir. e I['u ir ii ir.
Residential areas are intended to allow for a variety of housing options, including a variety of dwelling
types, tenure types and arrangements.
The following uses are permitted in Residential Areas:
a) Single -detached dwellings;
b) Semi-detached dwellings;
c) Townhomes;
d) Low rise apartments and other multiple dwelling forms;
e) Accessory uses;
f) Home occupations in accordance with policy 5.2.2.3.3;
g) Special Residential uses, in accordance with policy 5..2.2.3.4;
h) Bed and Breakfast Establishments, in accordance with policy 5..2.2.3.5;
i) Lodging Houses, in accordance with policy 5..2.2.3.6;
j) Parks and recreational uses in accordance with policy 5.5.2.1;
k) Institutional uses;
1) Secondary dwelling units.
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Table 5.1 provides the maximum permitted density and building heights for lands designated residential
within Settlement Areas:
Table 5.1: Residential Density
Applications for Medium Density Residential Development will be considered in accordance with the
following policies:
a) Preference will be given to medium -density development in locations in proximity to
Arterial or Collector Roads where the development provides a physical transition between
low -density dwellings, and higher -density residential development; locations in proximity to
natural amenities such as watercourses, major open space areas, existing neighbourhood
parks, schools and other community facilities, and commercial areas.
b) The development should be buffered with appropriate landscaping and setbacks from
abutting low -density residential development;
c) The development should be designed so that it is compatible with surrounding
development;
d) On -site parking and recreational amenities are to be provided;
e) The height of the proposed development will not generally exceed six storeys;
f) Site Plan Approval is required.
5.2.2.3.3 ..IIoiir ne OccauppalCion;
Within a Residential Area, a home occupation will be clearly secondary to the residential use, and must
be contained entirely within the residential unit. Home Occupations are occupations or businesses
conducted for gain or profit generally within a dwelling unit. The following additional policies shall apply:
a) Home occupations will be clearly subordinate to the residential use, and will not require
alterations which interfere with the residential character of the lot and structure.
b) Home occupations will not be permitted if they generate uncharacteristic traffic for a
residential neighbourhood, or require outdoor storage of goods or materials, or will
otherwise disrupt the peaceful and quiet enjoyment of other residential properties in the
neighbourhood;
c) Home occupations will be regulated through the Township Zoning By-law.
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5.2.2.3.4 pea. ai' l IIRedent� 'i 11 Uses
Special Residential uses include group homes as defined in the Zoning By-law, residential care facilities,
senior citizens housing, short-term accommodation operated or authorized by a public agency, and
facilities for special population groups. Special Residential uses will generally be subject to the policies
governing Medium Density dwellings. Special Residential uses will be subject to the following policies:
a) The use should be compatible with the scale, density and character of existing or planned land
uses;
b) Provision should be made for appropriate site design to ensure seamless integration with
surrounding existing development;
c) Adequate off-street parking must be provided to serve the residents, staff and visitors while
retaining sufficient yard space to maintain the residential character of the area; and,
d) Provision will be made for off-street locations to accommodate drop-off and pick-up of the users
of such facilities as required.
Certain types of professional offices are compatible with a residential neighbourhood, and may serve as
a needed function to nearby residents. These uses include, but are not limited to a law office, doctor's
office, chiropractic practice, dentist, or accounting practice. Development standards can blend such uses
into the residential community so as to minimize undesired impacts. Professional offices will be
permitted in existing residential dwellings within the Residential Areas provided:
a) The proposed use is limited to a professional practice;
b) Within Settlement Areas, the use fronts onto a Collector or Arterial Road; and,
c) Adequate parking and pedestrian connections are provided.
5.2.2.3.6 13ed and Il3re IIdas Il � 11 lli'i lluii�mn�^ii�I
Bed and Breakfast establishments within private homes, where the Owner resides, may be permitted
within Residential Areas. The following policies shall apply:
a) Adequate on -site parking spaces shall be provided and maintained;
b) Site size and servicing must be adequate in accordance with the applicable policies of this Plan
and the Zoning By-law;
c) No external alteration shall be permitted for utilization that is inconsistent with the physical
character of the surrounding neighbourhood; and,
d) The Zoning By-law will regulate the maximum number of rooms available to guests and parking
requirements.
5.2.2.3.7 I od g i'i n g II...II r» a..0 e
Lodging houses may be permitted where the owner, tenant or keeper of which resides and where there
is offered or supplied for gain or profit lodging or lodging and meals, but excludes a provincial group
home or other special needs housing, hotel, inn or institution. The policies of Bed and Breakfast
establishments in Section 5.2.2.3.6 shall also apply to Lodging Houses.
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5,224. Uii llbair° II:')e s 'iig u,n
Site Layout of all new residential development shall maintain or enhance the neighbourhood's prevailing
pattern of lot widths, lot depth and lot area. The mixing of densities and housing designs within
individual developments is encouraged, provided that locational requirements are satisfied. The density
of a development will be governed by the Township considering among other things, the preservation of
open space and trees, the ability of the road system to accommodate the generated traffic, the capacity
of municipal infrastructure, and compatibility with existing development patterns.
5.2.2.4.2 I nd c Ipi'inng and Gen&ury II Sate IDe i'ingn
Landscaping on the front and side yards of all residential properties is required and should have regard
for four -season viability, and in accordance with the Zoning By-law. Parking for medium density
residential forms -should generally be located at the side and rear of buildings, with separate parking
from driveway entrances to streets, and avoid obstruction of views of approaching traffic, pedestrians or
cyclists. Bicycle parking should also be installed where possible. Screening and landscaping around
parking areas is required. Sheds and outdoor storage shall be located in the side or rear yard of
residential dwellings, and in accordance with the Zoning By-law.
Varieties of residential dwelling types will not be mixed indiscriminately, but will be arranged in a
gradation so that higher density developments will complement those of lower density, with sufficient
spacing to maintain privacy, and amenity. Connectivity of neighbourhoods is required through
recreational spaces, parks, trails, sidewalk and other active transportation linkages where feasible.
5.2.2.4.4 Reiln:llento 'i 11 llnnNlll
In existing Residential Areas, an increase in residential density may be considered subject to the
following:
a) Proposed development is generally compatible with the surrounding uses;
b) Availability of municipal services;
c) Proximity and access to supporting community services;
d) Proposed development increases the mix of dwelling types and support the achievement of the
Township's affordability target of 20%.
5.2.2.4.5 SeWeirnent Areainterface
In cases where residential development is proposed on lands adjacent to or abutting agricultural lands,
the Township will ensure that adequate buffering and/or mitigation measures are provided between the
development and the agriculture lands, so that normal farm practices are protected from development
within the Settlement Areas, where necessary. In this regard, the developer will be responsible for
providing appropriate transitional space through the use of landscaping, setbacks, fencing and
screening. The specific design aspects for addressing interface conditions will be determined through
the site plan and/or subdivision agreements.
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5.2.3 General Commercial
5,231 �:I II ir. ir. e I[' u irc iii ir.
General Commercial areas are intended to provide economic development opportunities and also
provide a range of local shopping options to support residents living in the Settlement Areas and nearby
agricultural community. General Commercial areas should be clustered in Settlement Areas in the form
of small nodes, plazas or main street formats.
Within lands designated General Commercial the primary use of land shall be for businesses engaged in
the buying, selling, supplying, leasing and exchanging of goods and services. Accessory permitted uses
may include government and public offices and institutional uses such as schools, parks, recreation,
libraries, and fire stations. Secondary residential dwelling units are permitted in a mixed use format,
with commercial uses located on the ground floor and residential uses located on upper storey and/or
rear ground floor, with the size subject to the standards of the Zoning By-law.
5.2.3.3.1 CoirmnpIfill llllfily
New development will be assessed with respect to its compatibility with intended adjacent land use
designations and its contribution to the commercial structure of the Township. Where new commercial
development is proposed adjacent to residential land uses, Council must be satisfied that the following
provisions are adequately met:
a) Screening and/or buffering of access driveway, parking and service areas such that noise, light
or undesirable visual impacts are mitigated;
b) Adequate off-street parking and loading spaces, in accordance with the provisions of the Zoning
By-law;
c) Adequate site landscaping using indigenous species, where possible, and maintenance of all
lands; and
d) Subject to Site Plan Approval.
5.2.3.4.1 I3 ulllln:llfing II IIdgIlnl and II3 uIIIII 11=oIrir n
Commercial Area built form will typically be a grouping of retail and other commercial uses under
common or individual ownership, and may take the form of a shopping plaza. More than one
commercial use may be permitted in a building on a lot. Primary entrances shall have architectural
treatments for high visibility. The maximum height for commercial buildings is two storeys.
5.2.3.4.2 Site Layout and II nd; a api'i' ng
Site layout shall facilitate the safe and comfortable movement of pedestrians and vehicles through
designated walking and parking areas, and connected store fronts. Landscaping is required along all
property frontages having regard for four -season viability in selection of vegetation. Where feasible, the
site layout shall also provide appropriate active transportation connections to adjacent commercial or
residential areas.
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5.2.3.4.3 ) iirvlldng
In general parking shall be located at the rear and side of buildings, with connective, marked pathways
for pedestrians, separated from vehicle routes. Linked parking areas shall be encouraged for abutting
commercial properties to provide movement between lots. Where parking is proposed adjacent to a
residential area and/or closer to the street than the building, appropriate landscaping and tree planting
shall be provided.
5o2o3.4.4 Loading nd Storage
Loading and refuse areas should be screened and located at the side or rear of the building. Storage of
products, unless otherwise permitted in the Zoning By -Law should be wholly enclosed within the
building. Where loading and/or storage is proposed adjacent to a residential area, appropriate
landscaping and tree planning shall be provided.
5.2.4 Industrial
52,41 � I II ir. ir. e I[' u irii ir.
Industrial uses are intended to provide fora range of employment types and help to support economic
diversification within the Township's settlement areas.
Lands designated Industrial allow for a full range of the following:
• Manufacturing;
• Warehousing;
• Logistics, office;
• Alternative energy projects;
• Research and development uses;
• Cannabis processing facilities, in accordance with policy 5.2.4.4.2; and
• Accessory uses, in accordance with policy 5.2.4.2.1.
5.2.4.2.1 Accessory Uses
Small scale commercial uses which support a broader industrial area or on -site accessory commercial
uses may be permitted provided they do not detract from the area for industrial purposes now or in the
future. These uses may include limited retailing within industrial buildings for the sale of goods
manufactured on the premises, banks, restaurants and office supply establishments.
524, a Uii llbair° II:')e s igirn
5.2.4.3.1 I3 uillln:llfing II IIdgIlnl and II3 uillli II::oriir n
Industrial buildings shall maintain primary entrances to be visible and accessible from the main street
frontage and use a variety of materials to provide for an attractive interface with the street and
surrounding area. The maximum permitted height for industrial buildings is up to four storeys.
5.2.4.3.2 Site Layout and II nd; a api'i' nng
Buildings should be attractively designed and occupy the majority of the lot frontage, and be compatible
with the surrounding buildings. Landscaping shall be provided at the front, side and back yards of
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21 Offl6aIC:aIIn�u�
buildings in addition to any walls or fences. Sites adjacent to other land use designations shall provide a
minimum landscaped area and buffers, in accordance with the Zoning By-law.
Parking is encouraged to be located at the rear and side of the building. Where parking is proposed
adjacent to a residential area, appropriate landscaping and tree planting shall be provided.
5.2.4.3.4 Loading and Storage
Outdoor storage of raw materials and equipment is permitted as an accessory use, provided such
outdoor storage is adequately screened from adjacent properties and streets. Storage of raw material,
equipment and finished products should be located at the side or rear of the facility. Landscaping and
tree plantings shall be provided in accordance with the Zoning By-law around any outdoor storage.
Loading areas should also be located to the side or rear of the facility. Where loading and/or storage is
proposed adjacent to a residential area, appropriate landscaping and tree planning shall be provided.
Appropriate separation distances and buffering shall be provided between new industrial development
and existing residences, residentially zoned land, and any other existing or planned sensitive use, in
accordance the policies of Section 3.5 of this Plan and with the Ministry of Environment's D6
Compatibility between Industrial Facilities Guidelines including:
a) Minimum of 30 metres of separation between Class I industrial uses and adjacent sensitive lands
uses;
b) Minimum of 70 metres of separation between Class 11 industrial uses and adjacent sensitive land
uses; and,
c) Minimum of 300 metres of separation between Class III industrial uses and adjacent sensitive
uses.
Facilities shall be located and designed in accordance with the Zoning By-law and Federal regulations to
mitigate potential impacts including light emissions, air emissions, odour, and any other impacts. Only
facilities registered or licensed by Health Canada are permitted. All new facilities shall be subject to Site
Plan approval.
5.3 Hamlets
The Hamlet designation recognizes historic small clusters of residential development with relatively
minor community and service functions. Hamlets are not intended to be the focus of significant future
development and include the following areas which are depicted on Schedule 4:
a) Paynes Mills;
b) Frome;
c) Middlemarch;
d) Iona;
e) Iona Station;
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f) Southwold Station; and,
g) Lawrence Station.
5.3.2 Permitted Uses
The following uses are permitted in Hamlets:
a) Single -detached dwellings;
b) Secondary dwelling unit;
c) Limited commercial uses which are intended to serve the day-to-day needs of the community;
d) Limited industrial uses which do not require full municipal services and comply with the land use
policies of this plan;
e) Home occupations, in accordance with the policy 5.2.2.3.3;
f) Parks and recreational uses; and
g) Open Spaces.
h)
5.3.3 General Urban Design
Built form shall be compatible with the surrounding character of the hamlet area. Proposed new
dwellings shall have regard for architectural continuity in materials, design features and massing.
Residential dwellings shall have driveway access located at the front or side of the dwelling, as
consistent with the existing hamlet area. All sheds and outdoor storage shall be located at the side or
rear yard of the dwelling, and in accordance with the Zoning By-law. Landscaping in the front yard is
encouraged to have regard for four -season viability.
Hamlet boundaries are depicted on Schedule 4 and are generally consistent with the limits defined in
the County of Elgin's Official Plan. The policies of this Plan are intended to allow for modest forms of
development through infilling. Willing means the creation of a new lot between two existing residences
which are on separated lots and which are situated on the same side of the road within a Hamlet area.
.3A.,2 New II')eveIbprn iirni
Specific uses on any individual site will be subject to land use compatibility and the provision of
adequate servicing.
5.4.1 Planned Function
The Highway Service Commercial lands recognize a historic designation outside of Settlement Areas
which allows for commercial services and amenities to support members of the travelling public.
Highway Service Commercial lands are those which function dependent upon proximity to a controlled
access highway and are depicted on Schedule 4. In accordance with the Agricultural policies of this plan,
no new Highway Service Commercial areas are permitted outside of Settlement Areas.
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5.4.2 Permitted Uses
Permitted uses include restaurants, accommodation uses, vehicle refueling facilities, tourist information
centres, truck stops, transport and logistics terminals, hotels, motels and accessory uses.
5,421 Accessory Uses
Accessory uses may include warehousing, wholesaling and storage; farm machinery sales and service;
travel trailer, recreation vehicle and modular or mobile home sales and displays. The extent and type of
development will be regulated in accordance with the adequacy of servicing.
5.4.3 General Urban Design
New buildings shall be set back from the street to allow for visibility and safe access to the site.
Landscaping areas shall not be used to display or sell goods. Tree lined street corridors, while
maintaining high visibility of primary entrances is encouraged. Outdoor storage shall be screened and
feature surrounding landscaping.
5,4,41 Access
Road Access will be subject to Local, County and Provincial road authority regulations and be limited in
number. The Highway Service Commercial Area may be initially zoned with a holding zone to establish
the principle of development, and to ensure that all design, servicing, and access issues are satisfactorily
addressed before any development proceeds. Development may be staged so that the potential for
environmental impacts can be monitored and appropriately addressed before any expansion is
approved.
5.5 Pairks, Open Space andecru ti n
Open Spaces are intended to provide green space, naturalized areas, and recreational areas in the
Township. These areas are intended to contribute to the health of the natural environment, residents
and visitors.
5.5.2 Permitted Uses
Parks, Open Space and Recreational uses in the Township are subject to the policies of this section.
Where components of the natural heritage system and hazard lands are included within the Open Space
designation, the provisions of Section 4 concerning permitted uses within natural heritage areas and
hazard lands shall take precedence. Permitted uses include uses such as the following:
a) Golf courses and associated uses, such as accommodation, driving ranges and putting
greens;
b) Public and private parks;
c) Campgrounds;
d) Cemeteries including crematoria;
e) Non-commercial gardening including nurseries;
f) Botanical gardens;
g) Zoological parks;
m
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h) Swimming pools, skating rinks and ponds;
i) Public trails;
j) Accessory commercial uses and parking facilities;
k) Parks and playgrounds;
1) Stormwater management facilities; and
m) Community centres and similar community or neighbourhood facilities.
.' 1 a u'II
Within Settlement Areas, Community Parks and Neighbourhood Parks will provide for a range of
recreational and open space opportunities. Where possible, open space areas should be interconnected.
The Township encourages the co-operation and participation of public agencies, service groups and
private citizens in creation of open space linkages.
5.5.2.1.1 Coiir niir na..uni'ily 11::Irrv<
Community Parks are intended to serve the recreational needs of the residents at the community level.
Community Parks will:
a) Provide indoor and outdoor recreation facilities, and are a focal point for community
activities;
b) Provide predominantly for active recreational uses;
c) Be accessible to the community; and
d) Incorporate elements of the natural environment wherever feasible.
5.5.2.1.2 IhJ figll" bou..uiirll"uoo d II�Iiirl4<
Neighbourhood Parks are permitted uses in all land use designations. Neighbourhood Parks will
generally consist of small children's play facilities at the neighbourhood level and greenbelt areas that
serve individual neighbourhoods within a community. More specifically, Neighbourhood Parks will:
a) Be accessibly located within a neighbourhood;
b) Provide opportunities for minor recreational activities; and
c) Provide opportunities for passive enjoyment of the environment.
5.5.3 Additional Policies
The implementing Zoning By-law may zone Open Space uses in a separate zoning categories. The Open
Space Areas are intended to cover significant areas of parkland and open space. Neighbourhood Parks
including parkettes will not generally be designated as Open Space Areas.
Where any land designated as Open Space is under private ownership, the Plan does not intend that this
land will necessarily remain an Open Space use indefinitely, nor will it be construed as implying that
such land is free and open to the general public or that the land will be purchased by the Township or
any other public agency.
Public open space will generally be acquired through the dedication of lands or the payment of funds
pursuant to the provisions of Sections 42 and 51.1 the Planning Act, and will be provided in accordance
with the following policies that will be applied throughout the entire Township:
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a) As a condition of residential development or redevelopment and/or a condition to the approval
of subdividing land, conveyance of land to the Township for park purposes will be required at a
rate of 2 percent of the area of land developed for commercial/industrial lands and 5 percent of
the land proposed for development for all other uses, or for residential develop, the alternative
rate of 1 hectare for each 300 dwelling units for land conveyances and 1 hectare per 500 units
for cash -in -lieu;
b) As a condition of industrial and commercial development or re- development and/or a
condition to the approval of subdividing land, the conveyance of land to the Township for park
purposes will be required at a rate of 2 percent of the land proposed for the development to the
Township for park purposes, or cash in lieu thereof.
Cash -in -lieu of dedicated parkland will be based on the appraised value of any land required to be
conveyed for park or other public recreational purposes in accordance with the appropriate provisions
of the Planning Act. Cash -in -lieu will be accepted if the parcel proposed is not appropriate for parkland
or parkland is not required by the Township in the subject area.
Combinations of cash -in -lieu and parkland dedication may be accepted in some instances. For example,
when partial dedication would achieve the desired parkland standard for the area or where private
recreational facilities are being constructed.
5,533 Coirdffioiru of II:: edcate Lairds
r
The Township will generally not accept as part of the minimum parkland conveyance lands that are
required for drainage purposes, lands susceptible to flooding, steep valley slopes, hazard lands,
connecting walkways and other lands unsuitable for development. Furthermore, all lands conveyed to
the Township will be in a physical condition satisfactory to the Township considering the anticipated
park use. The Township may accept some lands that contribute to linkages between existing parks in
the system as part of the dedication at its discretion.
The Township encourages the assistance of service groups, businesses and private citizens in the
provision of parkland or other public recreational purposes. The Township may seek agreements with
other organizations, such as service clubs or school boards, for the increased utilization of space and
facilities such as open space, gymnasiums, or buildings in order to serve the community.
5.6 Waste Management Centre
5.6.1 Planned Function
The Waste Management Centre Designation applies to the area of the City of Toronto Landfill site
(Green Lane Landfill). It includes sites and facilities to accommodate municipal solid waste and includes
existing approved landfill sites, recycling facilities, transfer stations, processing sites, and compatible
businesses and industries. Lands are designated on Schedule 4 for existing approved site and also
incorporate additional lands surrounding the site, taking into consideration potential expansion,
buffering and transitional uses in proximity to the site.
in
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5.6.2 Permitted Uses
The main permitted uses are solid waste disposal and processing, resource recovery, recycling, waste
transfer, and land uses which demonstrate compatibility with waste disposal sites such as biomass
energy facilities. Permitted interim uses include agricultural uses.
5.6.3 Additional Policies
The Township encourages diversification of activities within the Waste Management Centre area, and
supports the development of partnerships with the community and Indigenous person's businesses.
5,631 1 Zoirdiru Adjaceir° i Areas
The location of uses determined to be compatible with the waste disposal facility will require an
amendment to the Zoning By-law and a Certificate of Approval from the Ministry of Environment if
required. The Zoning By-law may place a holding provision or restrictive zoning on areas which have
been identified as being impacted by the landfill site or other sites which produce gases, leachate, dust,
odour or noise impacts similar to those found in landfill areas.
5,63.2 DeveIbprn ir, i II:)ropos Its iir, II:)roxir niiiy
No development will be permitted within the identified influence area of the landfill until satisfactory
measures have been implemented to mitigate the impacts from the landfill site. For the purposes of this
Plan, the potential influence area involves a minimum 500 m radius around the waste cells. This
influence area may be reduced, as a result of more detailed site investigations, without amendment to
this Plan. Prior to consideration of development proposals in or within the influence of the landfill site,
Council will require the completion of various studies, including but not limited to:
a) Land Use Compatibility Study, in accordance with Ministry of Environment Guideline and policy
6.6.3;
b) Soil and groundwater samples;
c) Potential human health concerns such as noise, dust and odours; and
d) Tests for leachate and/or combustible gas migration.
5,633 ::: u.0 b.0 ure II::: III iru s ii iru
The Township acknowledges that any future expansion of the site is subject to an Environmental
Assessment process under the Provincial Environmental Assessment Act. The Township expects to be
actively engaged in any future processes associated with changes or expansions to the current site
which will require an Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval. Any
expansions or alterations to the site plan shall address issues related to land use compatibility (air
quality, noise, vibration, odour, etc.), traffic impact, natural environmental, impacts on municipal
infrastructure, socio-economic impact, agricultural system impact and any other relevant
issues/concerns.
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JAU�GS
6G uum»rdiiiaai�/// /Oj /piiiciy 000000i
The Township's transportation network is part of a broader network of linkages that supports the
movement of people and goods within the County of Elgin and more broadly to Southwestern Ontario.
Roads within the Township are classified as Provincial Highways, County Roads (Major Arterial, Minor
Arterial and Collector Roads) and Local Roads. There are three provincial highways located within the
Township which are under the jurisdiction of the Ministry of Transportation (MTO):
a) Highway 401;
b) Highway 3; and,
c) Highway 4.
6.1.2 Road Network
The Township's Road Network is shown on Schedule 5.
6.1.3 Provincial Highways
61,31 :) II ir. ir. e II[:: u.0 ir c i i lr.
The planned function, mobility and design characteristics of Provincial Highways are subject to the MTO
policies, standards and best practices. This means that in addition to meeting applicable requirements
by the Township, all proposed development located adjacent to and in the vicinity of a Provincial
Highway within the MTO's permit control area under the Public Transportation and Highway
Improvement Act (PTHIA) will be subject to MTO approval.
61 3.2. :)eunrn: i II:`1.eq.uiirerneir i
A Building and Land Use Permit is required for all development located adjacent to a Provincial Highway
and is subject to MTO approval. Depending on the type of development proposed, other potential MTO
permits may be required, such as an Encroachment Permit, Sign Permit, and Entrance Permit in
accordance with the MTO Highway Corridor Management Manual, as amended time to time. The
Township encourages early consultation with the MTO to ensure the integration of municipal planning
initiatives with provincial transportation planning.
The Zoning By-law will establish minimum setbacks for buildings along Provincial Highways to ensure
room for future road widenings and installation of additional traffic lanes, in accordance with MTO's
Building and Land Use Policy and the Highway Corridor Management Manual, as amended time to time.
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6.1.4 County Roads
6.1.4.1.1 I)II nned II:: a..uncIfion
The primary function of Arterial Roads is to transport large volumes of traffic between the different
areas within and through the Township. Direct access is usually from other Arterial Roads and Collector
Roads. For high volume Arterial Roads, access shall be strictly controlled. Where such roads pass
through Hamlets or Settlement Areas, the Township will encourage new development to face onto the
Arterial Road although alternative access arrangements may be required to minimize direct access onto
the Arterial Road.
The Township encourages the movement of truck traffic along Arterial Roads.
6.1.4.1.3 'Jew Devdr»Ipiir neint and inteirsectons
In areas where new development is proposed, existing Arterial Road intersections will be improved as
required. New Arterial Road intersections will be adequately spaced and provided with the necessary
traffic control equipment and turning lanes, to maintain a safe and desirable movement of vehicular and
pedestrian traffic.
The Zoning By-law will establish minimum setbacks for buildings along Arterial Roads to ensure room for
future road widenings and installation of additional traffic lanes, if required. Widenings will not be
undertaken until the impact on abutting properties is studied and any negative effects are minimized.
6.1.4.1.5 V" fili'igatI'ir»n Measures
On Arterial Roads where speeds and volumes are higher, mitigating measures that attenuate noise and
vibration factors may be required. Land uses which generate high volumes of traffic, including truck
traffic, will be encouraged to locate along Arterial Roads.
6.1.4.2.1 I) II n n e d II:: un c I fi o n
The primary function of Collector Roads is to carry traffic volumes to and from major traffic generators
or within or between residential neighbourhoods. Collector Roads generally provide linkages to the
Arterial Road system.
6.1.4.2.2 I o c I i'i o n and ID e i'i ng n
Collector Roads will be located and designed to discourage through vehicular traffic within residential
areas. Where possible and appropriate, reverse frontages will be used for residential lots adjacent to
collector roads.
6.1.4.2.3 n I e iir ec I fi o n II iir n pp urvov iir n e nnl
Collector Road intersections will be adequately spaced to ensure the safe and desirable movement of
vehicular or pedestrian traffic volumes to minimize the infiltration of through traffic onto Local Roads in
residential neighbourhoods.
a
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6 1.4.' :Iily ie Access to Cu.uir°iy I:�oads
The County discourages direct private access and development which would inhibit traffic movement
along County Roads that are classified as Major Arterials on Schedule 5 of this Plan. Direct private
access may be permitted subject to design controls along Minor Arterials and Collectors.
6,1 o .y- Traffic ffii Il impact i t u.0 'y
Proposed development may require the completion of a Traffic Impact Study to assess the impact on the
transportation system and surrounding land uses. The proponent must consult with the Township and
as required, the County and/or MTO to determine the appropriate scope of work for the Traffic Impact
Study (TIS). Depending on the outcome of the TIS, the expectation is that the TIS will recommend
appropriately scaled measures to mitigate any significant impacts related to safety or capacity of the
road network.
6.1.5 Local Roads
61,5:)Il u,uirue II:::u.uu,u iiolru
The primary function of Local Roads is to provide direct access to abutting properties. Lower speed
limits and traffic control devices may be necessary to ensure public safety.
61. 1 New II...0 II II:�oads
New Local Roads shall be constructed to municipal standards prior to their assumption by the Township.
Where new roads are proposed to intersect with a County Road and/or MTO road, the location, design
and construction of these roads at their point of intersection shall be subject to the approval of the
County of Elgin and/or MTO. Unless it is clearly in the public interest, no new roads shall be opened in
the Township. An individual may, however, request that a road be opened provided that:
a) The road is opened at the individual's expense; and
b) The individual enters into a development agreement with the Township for opening the road
and bringing the road up to the minimum municipal road standards for assumption purposes.
Unless it is clearly in the public interest, existing private roads will not be assumed by the Township and
the Township will not be responsible for access, snow removal, maintenance or use by school buses or
public vehicles.
6.1.6 Road Right -Of -Ways
61,61 ) II ir. ir. e I[' u ir iii ir.
The primary function of all road rights -of -way is to serve the transportation system needs of the
Township. The secondary function of all road rights -of -way is to provide for the distribution of
municipal services and utilities to inhabitants of the Township. Where a road right-of-way is used for any
other purpose (such as the provision of other public services or transmission lines), such use shall be at
the risk and expense of the proponent.
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61,6 h: ii llnl-ohm-W y WV dtIln .gym a uteii-i 11 u°u Illlei u Ih:.0 s
Major Arterial Roads will have a minimum right-of-way width of 36.5 metres (120 feet). Minor Arterial
Roads will generally have a right-of-way width of 30 metres (98.4 feet) and a maximum road width of
36.5 metres (120 feet). A greater right-of-way width will be provided for turning lanes at road
intersections where required. Right -of -Way Width of Collector Roads will have a minimum right-of-way
width of 20 metres (66 feet) and a maximum road width of 30 metres (98.4 feet).
6. , 63 ��° .ii lh.n t-ohm-W y VV dflh.n ohm IL o call Ih��` .oads
Local Roads will have a minimum right-of-way width of 20 metres (66 feet), or a minimum width of 15
metres (50 feet) in areas where alternative development standards are deemed appropriate by the
Township. New road allowances less than the standard width may be considered depending on the
length of the street and the nature of the development being proposed.
6 A,6, /1 � docatioiru of [�Ixbxres iiva O e h�: Cad �: ighht._Of-W y
The Township may direct the location or relocation of any fixture (system, transmission line, etc.) in the
road right-of-way. All expenses associated with the construction, relocation or removal of any fixture or
thing maintained in a road right-of-way shall be borne by the owner.
61,6 :Iein. mile Il u.uirddpal I „eirvv ces
Services provided by the Township shall be permitted in all publicly owned road rights -of -way.
a 1 6e6 )eunr iiile II:DuI[)IIii UliiIIffie
Public utilities which serve abutting owners may be located in road rights -of -way where reasonably
practicable. If an existing road right-of-way width is less than the minimum right-of-way width identified
by this Plan, the utility proposing to locate services may be required to acquire (or pay the cost of
acquisition by the Township) the additional land required to meet the minimum right-of-way standards.
6 A . 6,7 Ti irusr nissbiru Il...iir, e
Where it is determined (for environmental or other reasons) that a transmission line route should be
located upon a particular road right-of-way, the proponent shall be required to acquire (or pay the cost
of acquiring) sufficient land for the widening of the road allowance beyond the minimum standards of
this Plan to accommodate the transmission line.
6.1.7 Protection of Planned Corridors
The Township supports the protection of planned corridors. Development is not permitted in planned
corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it
was identified. New development adjacent to or in the vicinity to existing or planned corridors and
transportation facilities should be compatible with the surrounding land uses.
6.1.8 Protection of Rail Facilities
Planning for land uses in the vicinity of rail facilities shall be undertaken so that their long-term
operation and economic role is protected.
M
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6.1.9 Development in Proximity to Rail Facilities
In general, development is not permitted within 30 metres of an active rail corridor. Depending on the
nature of the development, the Township may require that studies are completed for development in
the vicinity of active railway corridors to determine if noise, vibration and safety measures are necessary
to minimize potential safety hazards and land use conflicts between residential development and rail
facilities. Measures may include setbacks, berms, fencing and building design features.
6.1.10 Pedestrian and Bicycle Traffic
6 .
Within Settlement Areas, the Township requires the development of interconnected and appropriate
active transportation connections to adjacent commercial or residential areas as part of the construction
or reconstruction of new roads.
6,
Provision will be made for sidewalks and walkways to enhance the convenience and safety of
pedestrians. Sidewalks will generally be provided within Settlement Areas, where Council deems it
appropriate along both sides of Arterial roads and along at least one side of Collector roads and Local
Roads, where warranted by vehicular or pedestrian traffic volumes and other locations where improved
access is required to meet the Provincial accessibility standards under the Accessibility for Ontarians
with Disabilities Act.
61,1013 . II ii ir INetwork
Council may consider measures to enhance the safety and convenience of facilities for cycling. The
Township will work closely with the County of Elgin to ensure that an appropriate range of active
transportation connections are planned for and implemented in the Township. The County's current
cycling network is depicted on Schedule 5.
6.1.11 Parking Standards
The Zoning by-law will establish minimum off-street standards for all land uses and forms of
development. These minimum parking standards will be related to the amount of traffic generated by
individual uses.
6.1.12 Accessibility Standards
The Township will ensure the development of off-street parking facilities, whether public or private, in
such a manner as to be accessible to the disabled in accordance with the Accessibility for Ontarians with
Disabilities Act.
6 211
1 Geiiwn� 4u All Ipiroad.n
Full mu unicipal water and sanitary services is the preferred method of servicing new development in
Settlement Area communities. The Settlement Area of Talbotville is the Township's only existing fully
serviced settlement area for a portion of the settlement area; Full municipal services are planned for
M
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21 Offl6allIC:allnnun
Shedden and Fingal Settlement Areas and accordingly, the majority of future growth and development is
expected to occur in Talbotville, Shedden and Fingal when full services are available. North Port Stanley
is serviced by the municipal water supply systems and individual on -site sewage systems. Similarly, all of
the Hamlet Areas have access to municipal water supply systems and individual site servicing. The
partially serviced Settlement Areas and Hamlets are expected to see modest growth over the time
horizon of this plan. The policies of this section provide direction for how development can occur on
partial services. The Township will integrate when possible the planning of stormwater, sewage and
water services for optimization, feasibility and financial viability of systems and to prepare for the
impacts of a changing climate.
The Township will ensure that an adequate and cost effective system of water supply and sanitary
treatment is provided to support growth opportunities within the Township.
y.'a , f II uu Iluurfliill Se a viie
An Environmental Assessment (EA) is required to establish full municipal services in Shedden, Fingal
and/or North Port Stanley. The growth assumptions of the EA should be based on the growth forecasts
of this Official Plan.
An Environmental Assessment has been completed for Shedden and Fingal Wastewater Servicing
Strategy, through a Final Environmental Study Report, dated February 2021. The recommended
alternative for the construction of the new treatment facility will include the construction of a single
treatment facility employing a Membrane Bioreactor treatment process at the location approximately
1.2 kilomnetres south of Shedden on Union Road, to service new development.
6.2.2 Sanitary Services
e2,21 y„eWlerneiirni re eirvvi iru Study
In general, the expectation is that new large scale development (developments larger than 5 lots) within
Settlement Areas will be on full services. Where full municipal servicing is not available, a servicing study
shall be required to demonstrate how the proposed development is to be serviced, provided an
Environmental Assessment has not be completed to provided full services. The Servicing Study should
demonstrate the proposed approach for servicing and how the applicable Provincial, County and
Township policies and regulations are being met with respect to partial services. The Study should
address maters such as but not limited to:
a) Infrastructure ownership, maintenance and potential for cost implications to the Township;
b) Potential for risks to human to human health and safety;
c) Potential for impacts on the natural environment; and,
d) Potential for impacts on the character of the settlement area.
2 2 2 e- ' ev Il 11 r n e ir° i b Il u n i e ir° s ffii ii urn aird ur°ffii 1111
The Township permits the infilling and minor rounding out of partial services for the re -development,
intensification and infilling of existing development within Settlement Areas. The proponent must
demonstrate that site conditions are suitable for the long-term provision of such services, that there are
a]
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21 Offl6aIC:alln�u�
no negative impacts from servicing and address the feasibility of extending municipal sewage services, if
in the general area.
6223 it v .V wldiary Sewage Treat'r eir� i aird ')IsposaII Systerns
Vacant lots of record requiring individual systems, will be permitted if the proposed site can
accommodate an individual sanitary sewage treatment and disposal system based on the following
criteria:
a) The lot area will comply with the requirements of the Province or its designated agent and be
large enough for the type of development proposed and the system(s) to be used;
b) A building permit for an individual sanitary sewage treatment and disposal system is to be
obtained; and
c) The proponent of a development or expansion of any use shall obtain a Certificate of Approval
for the expansion or alteration of an existing sewage system. No redevelopment or expansion
should create or aggravate a pollution problem.
Development on private sanitary waste disposal systems shall be permitted in accordance with the
requirements of the Ontario Building Code. Systems generating more than 10,000 litres per day are
subject to the Environmental Compliance Approval requirements of the Ministry of Environment.
2-2,11 Access to Il u.uirddpal l irdiary Sewage Systerns
The Township will make no commitment or approve any development that would cause the capacity of
the St. Thomas or Central Elgin's Port Stanley sewage treatment plant to be exceeded. In certain cases,
improvements to the sanitary sewer system may be required before development may proceed. Such
improvements may include the provision of a new pumping station and/or sewer line extensions and
will require agreements with those municipalities.
6.2.3 Water
The Township is serviced by the Elgin Area Primary Water Supply System and the St. Thomas Area
Secondary Water Supply System. It is the intent of the Township that development within the
Settlement Areas and Hamlets will be serviced by municipal piped water facilities; and development
within the Agricultural Areas will be serviced by municipal piped water facilities, where feasible,
acknowledging that a large portion of the Agricultural Area has existing municipal water services.
New development shall demonstrate that the water system has uncommitted reserve capacity available
in order to ensure that capacity is not exceeded. The Township may require the oversizing of
watermains where future servicing extensions are anticipated. The developer is responsible for the
necessary extensions and/or enlargements.
6—,?,"3� 2 DevdIprneirui ir° II:)ily ie Water Systerns
Development may be permitted on private water systems where piped water is not available and an
extension of services is not economically feasible, subject to compliance with Provincial Regulations
regarding the adequacy of water quality and quantity.
W
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6,233 a icu.ulliu®uu all a e teii Il...iii"n s
Where necessary to address failed private on -site water supply systems, the Township may consider
extension of the municipal water supply system to service areas outside of Settlement Areas and
Hamlets on a cost recovery basis and subject to the requirements of the Environmental Assessment Act
and the approval of the Ministry of Environment and the Elgin Area Primary Water Supply System.
6.2.4 Stormwater Management
Stormwater management in the Township shall:
a) Be integrated with sanitary and water services to ensure systems are optimized, feasible
and financially viable over the long term;
b) Minimize or where possible prevent increases in contaminant loads;
c) Minimize erosion and changes in water balance;
d) Consider and address the potential for the impacts of changing climate, including the
application of green design and green infrastructure policies 6.8 of this Plan;
e) Address and mitigate potential risks to human health, safety, property and the
environment;
f) Includes best practices in stormwater management in accordance with Policy 6.2.4.2.
The Township requires that all proposed developments demonstrate how stormwater will be managed
in accordance with the Ministry of Environment's requirements regarding Best Management Practices
and the Ministry's Stormwater Management Planning and Design Manual. Best Management Practices
may include stormwater attenuation and re -use, and low impact development, among others.
6 2 4. 3 Stoinirnwater II irn a g e n e ir, .i II:) I a irn
In order to achieve no overall increase in the peak level and volume of stormwater runoff, all new
development will be required to provide suitable site grading and outlet facilities for storm drainage.
The Township may require applications for development or re -development to include a stormwater
management plan in accordance with the Policies of this Section and other applicable policies of this
Plan, including not limited to Policies 4.3.2.6, 4.3.2.7 and 6.8.
6.3 MunicipalDrains
The principles of natural channel design will be utilized in the construction or rehabilitation of drains
where possible. This may include, where appropriate, the following:
a) Grassed slopes and forms of indigenous plantings, or other suitable erosion control methods
should be introduced and maintained on the banks of drains to add to the stability of the
drainage channel;
b) Tile outlets should be constructed to minimize erosion along watercourses;
c) Tree planting or other buffer measures should be installed where appropriate to act as a
windbreak, to protect drain banks, and to restrict cultivation near drain banks. Trees will be
0
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21 Offl6aIC:aIIn�u�
planted a suitable distance away from the drain in an appropriate location so as not to prohibit
any required maintenance or work to the drain in the future;
d) Sediment ponds and/or sediment basins should be incorporated in drains to reduce the speed
and volume of flow, to act as settling areas for water -borne particulates, to enhance
evaporation and to serve as water storage areas; and
e) Grassed buffers (approximately 3 metres wide) along the top of the banks of drains should be
incorporated and maintained to add stability to the drainage channel where possible and to
provide for a year round access corridor for maintenance purposes.
The discharge of any liquid or material or substance other than unpolluted drainage water into a drain is
prohibited. Buildings and structures shall be adequately setback from municipal drains to facilitate
maintenance. Minimum setbacks shall be prescribed in the Zoning By-law.
6.4.1 Electric Power Facilities Permitted in Any Designation
All existing electric power facilities and the development of any new electric power facilities that
operate at 50 kilowatts including all works as defined in the Power Corporation Act and succeeding
legislation, (such as transmission lines, transformer stations and distributing stations but excluding
renewable energy systems in accordance with policy 6.5) will be permitted in any land use designation
without an amendment to the Plan provided that such development satisfies the provisions of the
Environmental Assessment Act, including regulations made under the Act, and any other relevant
statutes. The electric power utility will be required to consult with the Township regarding the location
of new electric power facilities.
6.4.2 Other Electric Facilities
Other electric power facilities including buildings, structures and uses not used directly for the
generation and supply of power, will comply with the provisions of this Plan and the Zoning By-law. The
Township holds the right to participate in discussions on the locational criteria of new electric power
facilities.
Secondary land uses, which conform to this Plan and the Zoning By-law, will be encouraged on the
electric power utility lands, where deemed by Council to be compatible with adjacent land uses and by
agreement with the electric power utility.
6.5 Alteirnativeens neir t irns, Eneirgy Conseirvation
Geneiration
The Township supports energy conservation and the development of alternative and renewable energy
systems in accordance with Provincial Policy. The siting of any new proposed medium or large scale
alternative or renewable energy systems shall be subject to an Official Plan Amendment, Zoning by-law
amendment and site plan approval. Pre -consultation with the applicant in accordance with Policy 7.5 is
required to determine the appropriate supporting studies and process required.
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6.5.2 New Development
The Township will promote subdivision and site plan designs maximizing passive solar energy
opportunities and other alternative energy sources, building designs and construction techniques which
conserve energy.
6.5.3 Retrofitting and Renovating of Township Buildings
The Township may use any energy conservation grants, loans and audit services to retrofit or renovate
its older buildings and structures to incorporate energy saving mechanical, electrical and lighting
systems.
6.5.4 Energy Conservation Education Programs
The Township will promote educational programs that will increase public awareness of energy
conservation.
6.6 Waste ManagemIent
6.6.1 Municipally Run Garbage and Recycling Collection Services
The Township supports municipally run garbage and recycling collection services. For any new multi -unit
residential development, buildings must demonstrate waste storage ability, as requested by the
Township in the form of a Waste Management Plan or other document. The Township encourages all
businesses to reduce waste generation and the implementation of best practices.
6.6.2 Uses Not Permitted
Development of new landfill sites within the Township are prohibited. Expansions to existing landfill
sites will require an Official Plan Amendment and a Zoning By-law Amendment.
6.6.3 Development in Proximity to an Active or Closed Waste Disposal Site
The development of new uses within an assessment area of 500 metres of the perimeter of an active or
closed waste disposal site (located in this or an adjoining Township) may require a Land Use
Compatibility Study to be undertaken by a qualified professional that evaluates the presence and effect
of environmental contaminants including, but not necessarily limited to methane gas and leachate in
accordance with the Land Use Compatibility Guidelines of the Ministry of Environment, as amended
time to time.
The Land Use Compatibility Study will address the feasibility of mitigation measures if required. If it is
found that a potential adverse effect or potential risk to health and safety does exist, development may
be restricted and/or refused.
Closed waste disposal sites located in the Township are located at Lot 14, 2nd Range North of Union
Road; Lot 4, 1st Range West of River Road; Lot 3, 1st Range West of River Road; Lot 14 Concession 1; Lot
14, 1st Range South of Union Road; and Lot 10, BF. A Provincially significant waste disposal site is
located on Part Lot 21-23, Concession 3. All former and active waste disposal sites are shown on
Schedule 6 of this Plan.
6.6.4 Provincial Approval Requirements
Where development or change of use is proposed on a waste site, no Zoning By-law, Zoning By-law
Amendment, Official Plan Amendment or other Planning Act approval will be adopted or granted until
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approval from the Province is obtained in accordance with Section 46 of the Environmental Protection
Act, or if more than 25 years has lapsed since the land ceased to be so used for waste disposal purposes
6.6.5 Waste Water Treatment Facility
The Ministry of Environment recommends minimum separation distances between new residential
developments and other sensitive land uses and existing waste water treatment facilities. The Ministry
of Environment will be consulted to determine these separation distances within the Township or an
adjoining municipality, that is in accordance with Land Use Compatibility Guidelines issued by the
Ministry of Environment, as amended time to time.
®7 Public Utilities
6.7.1 Permitted Uses in Any Designation
The following public services and facilities are permitted in all land use categories, subject to the
development policies of this Plan:
a) Transportation, communication, and electric power transmission corridors, and associated
facilities subject to applicable laws and regulations under Province of Ontario Statutes;
b) Water supply, sewage treatment, storm drainage facilities, and utility services;
c) Municipal government buildings and facilities;
d) Re -use of abandoned utility and/or transportation corridors for public purposes;
e) Public open space; and
f) Natural gas pipelines and accessory works.
6.7.2 Public Services and Facilities in Residential Areas
In Residential areas, the public services and facilities listed in Policy 6.7.1 will be designed and
constructed so that they are compatible with the surrounding Residential area.
6.7.3 Underground Utilities
Underground utilities, including electric power lines and telephone lines, will be required in all new
developments within Residential areas and in other areas, where feasible.
6.7.4 Multiple Uses of Rights -of -Way
The Township will encourage the multiple -use of electric power utility rights -of -way to accommodate
drainage or service corridors, parking areas, parkland, agricultural operations and natural gas, oil and
petrochemical pipelines, in accordance with the land use policies and designations of this Plan. Natural
gas, oil and petrochemical commercial delivery pipelines will be installed within existing rights -of -way
wherever feasible and practical. Wherever possible, easements should be used to accommodate new
utility corridors rather than creating new separate and distinct lots.
6.7.5 Access to Emergency Services
The Township encourages to strategically locate infrastructure and public service facilities to support the
effective and efficient delivery of emergency management services.
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6.8 Gireeni ilr n Infirastructuire
The Township supports the inclusion of green design measures for new or improvements to existing
infrastructure. Green infrastructure can include components such as natural heritage features and
systems, parklands, stormwater management systems, street trees, green streets, urban forests, natural
channels, permeable surfaces, and green roofs.
• �- - * rs. 1
The Township encourages new developments to consider energy efficient designs and features, green
features, and green building technologies and rating systems such as Leadership in Energy and
Environmental Design (LEED) as part of their design, where feasible.
6.8.2 Green Infrastructure Opportunities
The Township encourages the implementation of renewable energy systems such as wind, geothermal
and solar power installations; green roofs or high albedo roofs that contribute to the reduction of the
urban heat island effect; innovative stormwater management methods, water conservation and
efficiency tactics; and, conserving heritage resources. These measures can contribute to lessening the
energy and resources needed for new construction.
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The policies of this Section are intended to provide guidance for the implementation and monitoring of
the Township's Official Plan. The policies of this Section are based on the authority delegated to the
Township through the Planning Act, Municipal Act and other applicable legislation as the case may be. In
general, this Section is organized around the various aspects of the development approvals framework.
7.2 DelegationAuthority
In considering requests for a planning application, a Council or a Committee of Council, which has been
delegated authority will provide information to the public, and host required public meetings in
accordance with the Planning Act. Consultation between Lower Thames Valley Conservation Authority
and Kettle Creek Conservation Authority, Council, Indigenous communities and other applicable public
commenting agencies will be completed as necessary to conserve and preserve natural features and
landscapes and any other issues of importance.
7.3 Officialn Aimendiments
All amendments to this Plan may be made in accordance with the Planning Act to integrate new
objectives, policies or re -designations. The Township shall revise this Plan as required to conform with
provincial plans and matters of provincial interest, and shall be consistent with the Provincial Policy
Statement (PPS). Amendments to this Plan shall require public meetings in accordance with the Planning
Act.
7.4 Five Year Review of Officialn
In accordance with the Planning Act, a special meeting of Council, open to the public, will be held at
least once every five years for the purpose of determining the need for a comprehensive review of
policies and land use designations of this Plan, to ensure that the Official Plan conforms with Provincial
Plans, has regard for matters of Provincial interest and is consistent with the policy statements issued
under the Planning Act and that it accurately reflects the changing needs and circumstances in the
Township.
7.5 Pire-Consultation Requirements
7.5.1 Pre -Consultation
Proponents will be required to pre -consult with the Township before filing an application for Official
Plan or Zoning By-law Amendment and before filing an application for draft Plan of Subdivision or
Condominium or Consent with the approval authority, provided a By-law is enacted by the Township in
accordance with the Planning Act.
7.5.2 Purpose
The purpose of pre -consultation is to review a draft development proposal for the lands affected by the
proposed application(s) and identify the need for, and the scope of other information and materials
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considered necessary by the Township and other affected agencies, such as the appropriate
Conservation Authority to allow comprehensive assessment of the development application(s).
7.5.3 Supporting Information and Studies
During the pre -consultation process, the Township will identify the nature and scope of studies required
to support the application. Required studies may include, but are not limited to:
a) Affordable Housing Report;
b) Agriculture Impact Assessment Report;
c) Archaeological Assessment;
d) Concept Plan;
e) Cultural Heritage Impact Study
f) Environmental Assessment Study;
g) Environmental Impact Study (EIS) in accordance with the requirements of Section 2 of this Plan;
h) Financial Impact Analysis;
i) Flooding and Erosion Report;
j) Functional/Site Servicing Report;
k) Gas Well Study/Gas Migration Study;
1) Geotechnical Report;
m) Hazardous lands/soil stability Report;
n) Heritage Impact Assessment;
o) Hydrogeological Report;
p) Illumination Study;
q) Interim Servicing Study;
r) Minimum Distance Separation Study (MDS I and/or MDS II);
s) Noise/Odour/Nuisance/Dust/Vibration Assessment/Study;
t) Phase 1 Environmental Site Assessment if, in the opinion of the Township, the existing or
previous uses of the site or adjacent lands create a potential for site contamination;
u) Planning Justification Report;
v) Risk Assessment;
w) Stormwater Management Report;
x) Site Survey;
y) Shoreline Study
z) Sun/Shadow Study;
aa) Traffic Impact Study;
bb) Tree Protection Plan;
cc) Urban Design Brief; and/or,
dd) Wind Study.
In addition to the above, any other study that is deemed necessary by the Township or other agencies
based on the Pre -Consultation Meeting to fully assess the impacts of the proposed development may be
required.
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7.5.4 Complete Applications
The Township shall only accept and process complete applications. The Township may delegate the
authority to Township Administration for completeness through By-law enactment. Applications are
deemed complete where the application:
a) Satisfies applicable provincial, county and Township standards or requirements; and,
b) Appropriately addresses the agreed upon scope/issues identified through pre -consultation.
7.6.1 Requirements for Consultation and Engagement
All applications proposing amendments to the Official Plan, Zoning By-law or a plan of subdivision are
required to provide a proposed plan for consulting with the public with respect to the application in
accordance with the applicable regulation under the Planning Act.
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The Township's Official Plan shall be implemented in a manner that is consistent with the recognition
and affirmation of applicable Aboriginal and treaty rights in accordance with section 35 of the
Constitution Act, 1982. The Township shall work with Indigenous communities who have connection to
the lands within the Township in the planning process to ensure consultation and engagement is
appropriate to the type of planning application or process being undertaken. The Township respects the
interests of the Indigenous communities and will seek to work in a collaborative and productive manner.
The Township shall engage with Indigenous communities to:
a) Coordinate on land use planning matters, in accordance with the Provincial Policy
Statement; and,
b) Consider their interests when identifying, protecting and managing cultural heritage
and archaeological resources
The Township may make a decision and issue a notice of decision in accordance with the Planning Act.
The Township may choose to not make a decision within the decision timelines for applications in
accordance with the Planning Act. Those with a right to appeal to the Local Planning Appeal Tribunal
(LPAT), may file their appeal when prescribed by the Planning Act.
7.8 Existing,n irnI irrm and n of ini mirror
7.8.1 Existing Uses
Existing uses are those that are legally in existence on the date of the adoption of this Plan by Council.
Existing uses may be recognized in the implementing Zoning Bylaw within their existing site, provided
Council determines that such uses do not impose negative impacts on neighbouring properties or
surrounding area.
Non -Complying uses are a land use recognized as a permitted use under the implementing Zoning By-
law but are non -complying with respect to various regulations of the By-law. This can be the result of a
change in the standards of the Township. In such cases, the Zoning By-law may allow for additions to
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non -complying buildings or structures and erection of buildings and structures accessory to a non-
complying building or structure, provided that the provisions of the Zoning By-law are not further
contravened. A further contravention means the making of an addition to an existing non -complying
building or structure, any part of which addition does not comply with the required setbacks or any
other provision of the Zoning By-law.
7.8.3 Non -Conforming Uses
Non -Conforming Uses are those that are legally established as of the date of this Plan. Nothing in this
Plan will negatively impact the continuation of a use that was legally established as of the date of
adoption of this Plan. Any land use existing as of the date of adoption of this Plan that does not conform
with the land use designations as shown in this Plan or the policies related thereto should, as a general
rule, cease to exist over the long term and will not be recognized as a permitted use in the implementing
Zoning By-law.
7, 8,11 Coin. ri u.0 iioiru of Use
Continuation of uses that are not permitted in the Zoning By-law have the right to continue indefinitely
provided that the use of the property remains the same as on the day the By-law was passed and
continues to be used for that purpose.
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At the discretion of the Township, in special instances, it may be desirable to permit the extension or
enlargement of a non -conforming use in order to avoid unnecessary hardship. In considering
applications to permit an extension or enlargement of a non -conforming use, Council will have regard to
the following matters:
a) The land use designation and policies of this Plan;
b) The feasibility of acquiring the property pursuant to the Planning Act;
c) The possibility of relocating the use;
d) The impact of the proposal on the immediate area;
e) The size of the enlarged operation related to the existing use;
f) The degree to which any objectionable features of the use may be increased by the proposal;
g) The possibilities of reducing the objectionable features through landscaping, buffering, etc.;
h) The adequacy and availability of municipal services;
i) The impact of the proposal on natural heritage functions, features and linkages;
g) The effect of existing natural and human made hazards; and
h) The adequacy and availability of sanitary sewage, storm water management facilities and water
services.
Non -conforming uses which have been destroyed or partially destroyed by fire, winds or other natural
events, may be replaced or repaired. However, prior to granting permission to repair or replace a non-
conforming use in order to minimize the detrimental effects of the non -conforming use, the Township
should be satisfied that:
a) The size of the building or structure to be replaced is the same size as the building or structure
destroyed;
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b) If the siting of the non -conforming building or structure is in contravention to one or more
provisions of the Zoning By-law, then it shall be a policy of this Plan to encourage the building or
structure to be replaced in compliance with the provisions of the Zoning By-law to the extent
possible, and in no case shall it further contravene the provisions of the said By-law;
c) Where the non -conforming use is located in an area designated as a site plan control area
pursuant to the Planning Act, the Site Plan Control policies of this Plan will apply;
d) The possibility of reducing any objectionable features through landscaping and buffering should
be encouraged;
e) The use cannot be relocated;
f) It is not feasible to acquire the property pursuant to the Planning Act;
g) Sanitary sewage, storm water and water services are adequate; and
h) where a structure has been destroyed by a natural hazard (flooding / erosion) permission from
the appropriate Conservation Authority will be required prior to redevelopment of the site
occurs.
• O •
The Township will monitor factors such as population, land use, development trends, economic
conditions, housing requirements, the supply, demand and availability of land for various land uses, the
preservation and protection of agricultural land and natural heritage features and functions, the
adequacy and availability of municipal services and facilities, the applicability of various government
assistance programs and the negative impacts attributable to the implementation of any policy of this
Plan. The Township may undertake studies to monitor any factors above and ensure an adequate
response is provided by the applicable municipal body. Any findings of significance may be incorporated
through an Official Plan Amendment, a Secondary Plan, a Zoning By-law Amendment, a By-law or other
appropriate method.
7.9.2 Studies for Planning Applications
The preparation and submission of one or more studies or reports may be required in support of an
application for Official Plan or Zoning By-law Amendment, Site Plan Control Approval, or for draft Plan of
Subdivision or Condominium and Consent. Council may require a peer review of any such study by a
qualified professional as selected by the Township to be undertaken at the cost of the applicant.
7.10 Secondairy
The Township may undertake independently or collaboratively with a third party, a Secondary Plan or
planning study to delineate and guide development or redevelopment of a specific area. The Secondary
Plan will detail additional policies including but not limited to urban design, land uses, transportation
and municipal infrastructure. Secondary Plans may be required for, but not limited to, areas of large
greenfield or brownfield, residential areas in transition, areas for intensification and growth, and
heritage designated areas under protection of the Heritage Act. Stakeholder consultation and
community engagement shall be required in accordance with the Planning Act.
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Community Improvement Plans (CIPs) will be implemented through the passage of a By-law designating
a Community Improvement Project Area, and the preparation of a coinciding Community Improvement
Plan in accordance with the Planning Act. CIPs are intended to provide area -specific programing,
stimulate development or redevelopment and improve the overall vitality of the municipality.
The goal of the Elgincentive Community Improvement Plan is to stimulate economic growth and
diversification, to improve quality of place for residents and visitors and sustainability of the tax base.
The CIP describes the general eligibility criteria that must be met for financial incentive programs listed.
The Township of Southwold may provide funding for, and Elgin County may participate in, any of the
following incentive programs during the term of this CIP, subject to the availability of Municipal and
County resources:
a) A Tax Increment Equivalent Grant for Major Projects and Brownfield Development;
b) A Facade, Signage, and Property Improvement Grant;
c) A Building Improvement/Restoration Grant;
d) A Building Conversion/Expansion Grant;
e) An Energy Efficiency Retrofit Grant;
f) An Outdoor Art Grant;
g) A Feasibility, Design, and Study Grant;
h) An Application and Permit Fees Grant;
i) A Multiple Property Owners Supplemental Grant;
j) A Savour Elgin/Elgin Arts Trail Supplemental Grant;
k) Environmental Study Grant; and
1) Brownfield Tax Assistance Program.
7.11.2 New Community Improvement Plans
The goal of a Community Improvement Plan should be to improve a specific area through maintenance,
revitalization, rehabilitation or redevelopment for enhanced livability of the community. A new
community improvement plan must include a purpose, goals, objectives, boundary and justification,
programs and projects description and appendices with technical justification. The PlanningAct's
minimum requirement for public consultation for the preparation and adoption of Community
Improvement Plans must be adhered to.
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The following criteria may be considered for the development of a new CIP:
a) Existing built form;
b) Land use issues;
c) Transportation and infrastructure issues;
d) Environmental issues;
e) Social, economic issues; and
f) Dilapidated lands or underutilized sites.
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7.12 Communitysnafus
The Township may undertake a Community Benefits Strategy in accordance with section 37 of the
Planning Act. Following the Community Benefits Strategy, the Township may impose by By-law
Community Benefits Charges as specified in the Planning Act.
7.13Paiirkland Dedication
The Township may pass a Parkland Dedication By-law with alternative rates as required, and in
consultation with the applicable authorities, in accordance with the Planning Act.
7.14 Official Plan Aimendiments
Council may adopt amendments to the Plan for implementation of a comprehensive review,
implementation of changes to and new provincial or regional policies and plans or implementation of
planning studies for specific area needs. In general, Official Plan Amendments within 2 years of the
completion of this Official Plan are not permitted, however Council may consider amendments within
this timeframe provided that:
a) the original intent and purpose of the Plan is not radically altered;
b) the amendment is needed and can be justified in light of accepted planning principles;
c) adequate and full participation of the general public in the deliberations on the merits of the
amendment are undertaken; and
d) the amendment creates an appropriate precedent.
In preparing and adopting all amendments to this Plan, notice of all public meetings shall be given in
accordance with the Planning Act.
7.15 Zoningilmrm ilmn
The Zoning By-law is the legal document that implements the policies of the Official Plan by regulating
the use, location, density and design of development in the Township and all land use controls
contained within Section 34(1) of the Planning Act. All lawfully existing uses that comply with the
provisions of this Plan may be recognized in the implementing Zoning By-law. Council will adopt a new
Zoning By-law to implement this Plan within 3 years, in accordance with the Planning Act. In general,
Zoning By-law Amendments within 2 years of the completion of the repeal and replacement of the
Zoning By-law are not permitted, however Council may consider amendments within this timeframe
provided that:
a) the original intent and purpose of the Zoning By-law is not radically altered;
b) the amendment is needed and can be justified in light of accepted planning principles;
c) adequate and full participation of the general public in the deliberations on the merits of the
amendment are undertaken; and
d) the amendment creates an appropriate precedent.
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7.15.1 Content of Zoning By-law
Permitted uses, location of uses, area/dimensions, floor area (GFA), density (FSI), portion of occupied
lot, density of residential and non-residential land uses, bulk and massing of structure, parking and
loading area and requirements, landscaping requirements, any other regulations and requirements are
to be regulated through a Zoning By-law as granted by the Planning Act.
7.15.2 Holding Zones/Provisions
Council may place certain lands in a holding ('H' or'h') zone in conjunction with any zoning category
under section 36 of the Planning Act. The purpose of the holding is for lands zoned for a use that
includes conditions to be satisfied prior to any site development or alteration and subject to the
Township's discretion.
.1 "u w ". 2 ... ii ffi ir f Ih...11 II ii ir II�:I r v i i ir.
The conditions that required the Holding symbol must be satisfied in order to remove the Holding
symbol. The conditions for the lifting may include, but are not limited to:
a) Site studies for opportunities and constraints;
b) Grading the site;
c) Provision of road infrastructure including but not limited to base, streetlight, signage, traffic
controls;
d) Provision of water;
e) Wastewater or stormwater servicing for the lands;
f) Financial requirements of the municipality;
g) Any other matter within the provisions of the Planning Act.
Council may, in a By-law passed pursuant to the Planning Act, authorize the temporary use of lands,
buildings or structures for any purpose that is otherwise prohibited by the By-law. As these uses will be
temporary, this does not have to be limited to uses that conform to the Official Plan. A By-law
authorizing a temporary use will define the area to which it applies and the period for which it shall be in
effect, not to exceed three years from the date of passing of the By-law. In the case of Garden Suites,
the timeline shall be up to 20 years from the date of passing of the By-law and may require an
Agreement in accordance with the Planning Act. These time periods may be extended by By-law for
additional three year terms. The temporary use will not become a legal non -conforming use at the date
of expiry of the By-law.
Council may pass an Interim Control By-law(s), in accordance with Section 38 of the Planning Act, on any
area where a study has been undertaken on the land use planning policies or Zoning regulations. The By-
law may limit or prohibit the use of the defined lands affected, until the study is undertaken.
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Council may pass By-laws in accordance with the Planning Act to remove part lot control from all or any
part of a registered plan of subdivision. A Part Lot Control By-law has the effect of allowing the
conveyance of a portion of a lot without requiring the approval of the land division committee. Part Lot
Control By-laws may be repealed, amended or limited to a period of not more than 5 years by Council.
Council may use the Part Lot Control By-law to generally avoid, the splitting of lots upon which semi-
detached dwellings or street row housing is intended to be built and the re -subdivision of older
registered plans of subdivision where no new rights -of -ways are to be created. The Part Lot Control By-
laws will be approved by the County of Elgin, in accordance with the Planning Act.
7.18.1 Exemption from Part -Lot Control
In accordance with the provisions of the Planning Act, Council may pass by-laws to exempt all, or parts
of registered plans of subdivision from part -lot control. Exemption from part -lot control will not be
supported for the creation of a private road which serves free -hold lots
7.19 Plans of Subdivision
In addition to those criteria contained in Section 51(24) of the Planning Act, Council will evaluate
applications for plans of subdivision on the basis of criteria such as, but not limited to, the following:
a) The plan of subdivision is consistent with the objectives and policies of the Official Plan;
b) The plan of subdivision can be adequately serviced with water and sewage treatment systems,
and without requiring an undue financial commitment from the Township;
c) The plan of subdivision can be adequately serviced with and makes suitable provision for
services including, but not limited to, public streets, water, storm sewers, waste collection and
disposal, public utilities, fire and police protection, parks, schools, and other community
facilities;
d) A residential plan of subdivision will not normally be exposed to excessive noise levels or other
significant negative impacts associated with nearby activities;
e) The plan of subdivision is designed to reduce any negative impact on surrounding land uses, the
transportation network, or significant natural features;
f) The plan of subdivision is designed to integrate with adjacent lands having compatible uses.
7.19.1 Draft Plan and Final Plan Approval
As a condition of draft plan approval, the Township may require applicants to satisfy certain conditions
prior to final approval and registration of the Plan of Subdivision. The applicant may be required to
meet conditions of draft approval within a specified time period of 3 years, failing which, draft plan
approval may lapse. To provide for the fulfillment of these conditions and for the installation of services
according to municipal standards, the Township shall require an applicant to enter into a subdivision
agreement prior to final approval of the plan of subdivision. Requests for extensions of the lapsing
approval can be considered by the Township, provided there has been evidence of progression on the
conditions of approval by the proponent and that the policies of the Plan have changed in direction to
impact the development.
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In accordance with the provisions of the Planning Act Council may by by-law deem any part of a
registered plan of subdivision not to be a plan of subdivision, in instances where a lot(s) are
undevelopable due to constraints and/or generally not altering the character of the plan of subdivision,
provided the plan of subdivision has been registered for 8 years or more.
7.20 Drafto of Condominium
A condominium will be developed with a minimum number of units to sustain independent and
adequate operation of the condominium corporation. The minimum number to meet this requirement is
approximately ten (10) units, and subject to the Townships' discretion. The Township shall permit all
types of condominiums, in accordance with the Condominium Act. Common elements of a
condominium corporation are permitted provided public ownership by the Township is not required for
access, road allowances, servicing or constructing public facilities and services, and/or the conservation
and protection of any natural features.
7.20.1 Draft Plan and Final Plan Approval
A condition of draft plan of condominium approval may include the satisfaction of conditions prior to
final approval and registration of the plan. If the conditions are not within the set time frame of 3 years,
the approval will expire and process must resume with a new application filing. The Township requires
the proponent to enter into a Condominium Agreement to be registered on title. Requests for
extensions of the lapsing approval can be considered by the Township, provided there has been
evidence of progression on the conditions of approval by the proponent and that the policies of the Plan
have changed in direction to impact the development.
7.21 Site Plan Control
Pursuant to section 41 of the Planning Act, all lands within the Township are designated as a proposed
site plan control area. The Council may, by By-law, designate the whole or any part of the Township as a
site plan control area, either geographically or by reference to one or more zones contained in the
implementing Zoning By-law. Low density residential development and agricultural buildings and
structures are not normally subject to site plan control unless specifically indicated in the implementing
Site Plan Control By-law. In certain circumstances where the size and scale of the proposed
development have impacts on servicing, traffic, land use compatibility or any other planning matters,
the Township may require Site Plan approval, such as for commercial greenhouses, mushroom farms or
similar large scale operations. Any development in an area designated as a site plan control area shall
not be undertaken unless Council has approved one or both, as Council may determine, of the following:
a) Plans showing the location of all buildings and structures to be erected and showing the location
of all facilities and works to be provided in conjunction therewith and of all facilities and works
required under this Section.
b) Drawings showing plan, elevation and cross-section views for each building to be erected, and
displaying;
The massing and conceptual design of the proposed buildings;
The relationship of the proposed building to adjacent buildings, streets, and exterior
areas to which members of the public have access;
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iii. The provisions of interior walkways, stairs, elevators to which members of the public
have access from streets, open spaces and interior walkways in adjacent buildings;
iv. Matters relating to exterior design, including without limitation the character, scale,
appearance and design features of buildings, and their sustainable design;
V. Matters relating to exterior access to each building that will contain affordable housing
units or to any part of such building;
vi. The sustainable design elements on any adjoining highway under a municipality's
jurisdiction, including without limitation trees, shrubs, hedges, plantings or other
ground cover, permeable paving materials, street furniture, curb ramps, waste and
recycling containers and bicycle facilities;
vii. Facilities designed to have regard for accessibility for persons with disabilities.
The Township may develop Site Plan guidelines that can be used by development proponents when
preparing their site plans, and by the Township when reviewing site plans.
As a condition to the approval of the plans and drawings, the Township may require the owner of the
land to:
a) Provide to the satisfaction of and at no expense to the Township any or all of the following:
i. Widening of highways that abut on the land subject to the Planning Act. Widening will be in
accordance with the Transportation policies of this Plan;
ii. Facilities to provide access and curbing and traffic direction signs, subject to the Public
Transportation and Highway Improvement Act;
iii. Off-street vehicular loading and parking facilities, either covered or uncovered, access
driveways for emergency vehicles, and the surfacing of such areas and driveways;
iv. Walkways and walkway ramps including surfacing thereof, and all other means of
pedestrian access;
V. Access for persons with physical disabilities in accordance with the Ontarians with
Disabilities Act
vi. Facilities for the lighting, including flood -lighting, of the land or of any buildings and
structures thereon;
vii. Walls, fences, hedges, trees, shrubs or other ground -cover or facilities for the landscaping of
the lands or the protection of adjoining lands;
viii. Vaults, central storage and collection areas and other facilities and enclosures for the
storage of garbage and other waste materials;
ix. Easement conveyed to the Township for the construction, maintenance or improvement of
watercourses, ditches, land drainage works, sanitary sewage facilities and other public
utilities of the Township or local board thereof on the land; and
X. Grading or alteration in elevation or contour of the land and provision for the disposal of
storm, surface and waste water from the land and from any buildings or structures thereon.
b) Maintain to the satisfaction of the Township and at the sole risk and expense of the owner any
or all of the facilities or works, including the removal of snow from access ramps and driveways,
parking and loading areas and walkways;
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c) Enter into one or more agreements with the Township dealing with and ensuring the provision
and maintenance of any or all of the facilities, works or matters set out in this subsection;
d) Enter into one or more agreements with the Township ensuring that development proceeds in
accordance with the approved plans and drawings. Such agreements may be registered against
the land to which they apply; and
e) Convey part of the land to the Township to the satisfaction of and at no expense to the
Township for a public transit right of way.
Prior to the approval of plans and drawings in respect of any development proposed to be
undertaken, the County has been advised of the proposed development and afforded opportunity
to require the owner of the land to:
a) Provide to the satisfaction of and at no expense to the County any of the following:
i. Widenings of highways that are under the jurisdiction of the County that abut the land;
ii. Facilities to provide access and curbing and traffic direction signs, where the lands abut a
County Road, subject to the Public Transportation and Highway Improvement Act;
iii. Where the land abuts a County Road, off-street vehicular loading and parking facilities,
either covered or uncovered, access driveways, including driveways for emergency vehicles,
and surfacing of such areas and driveways;
iv. Where the lands abuts a County Road, grading or alteration in elevation or contour of the
land in relation to the elevation of the highway and provision for the disposal of storm and
surface water from the land; and
V. Where the land abuts a County Road, facilities designed to have regard for accessibility for
persons with disabilities.
b) Enter into one or more agreements with the County dealing with and ensuring the provision of
any or all of the facilities, works or matters set out in this subsection and the maintenance
thereof at the sole risk and expense of the owner, including the removal of snow from access
ramps and driveways and parking and loading areas. Such agreements may be registered against
the land to which they apply; and
c) Convey part of the land to the County to the satisfaction of and at no expense to the County for
a public transit right of way.
X S I
A Site Plan agreement pursuant to the Planning Act shall be required in most instances. Financial
Security shall be required to ensure due performance.
When reviewing an application for minor variance, the Committee of Adjustment must consider the
following matters and refer to them in its decision:
a) Whether the requested variance is minor;
b) Whether the general intent and purpose of the Official Plan is maintained;
c) Whether the general intent and purpose of the Zoning By-law (or other By-law which
implements this Plan) is maintained; and
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d) Whether the minor variance is desirable for the appropriate development or use of the land,
building or structure.
The Committee of Adjustment will also consider if the application deals with circumstances not common
to the area and would not set a poor precedent for similar requests. The variance shall also not cause
any detraction from the amenities or character of nearby properties, or adversely impact parking or
traffic conditions. The Committee of Adjustment will consider if any comments were presented by the
public or a public agency and if the commented had any influence on the decision.
In addition to its powers of Section 7.22.1 of the Plan, the Committee of Adjustment, upon any such
application,
a) Where any land, building or structure, on the day the by-law was passed, was lawfully used for a
purpose prohibited by the by-law, may permit
i. The enlargement or extension of the building or structure, if the use that was made of the
building or structure on the day the by-law was passed, or a use permitted under subclause
ii. Continued until the date of the application to the Committee of Adjustment, but no
permission may be given to enlarge or extend the building or structure beyond the limits of
the land owned and used in connection therewith on the day the by-law was passed; or
ii. The use of such land, building or structure for a purpose that, in opinion o the Committee of
Adjustment, is similar to the purpose for which it was used on the day the by-law was
passed or is more compatible with the uses permitted by the by-law than the purpose for
which it is used on the day the by-law was passed, if the use for a purpose prohibited by the
by-law or another use for a purpose previously permitted by the Committee of Adjustment
continued until the date of the application to the Committee of Adjustment, or
b) Where the uses of land, buildings or structures permitted in the by-law are defined in general
terms, may permit the use of any land, building or structure for any purpose that, in the opinion
of the Committee of Adjustment, conforms with the uses permitted in the by-law.
If the Committee of Adjustment imposes terms and conditions, it may also require the owner of the land
to enter into one or more agreements with the Township dealing with some or all of the terms and
conditions, and in that case the requirement shall be set out in the decision.
In general, Minor Variances within 2 years of the completion of the Zoning By-law are not permitted,
however Council may consider minor variances within this timeframe provided that:
a) the original intent and purpose of the Zoning By-law is not radically altered;
b) the amendment is needed and can be justified in light of accepted planning principles;
c) adequate and full participation of the general public in the deliberations on the merits of the
amendment are undertaken; and
d) the amendment creates an appropriate precedent.
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In addition to those criteria contained in Section 51(24) of the Planning Act, the following policies will
apply to Land Division within the Township of Southwold:
a) The size of any lot created must be appropriate for the proposed use having regard to the
topography of the land, the siting of proposed buildings, points of access, and compliance
with the Zoning By-law.
b) The lot must front onto and have direct access to an improved public roadway that is
maintained on a year-round basis and is of a standard of construction adequate to
accommodate the additional traffic generated.
c) Severance will not be granted where access to the lot will create a traffic hazard because
of limited sight lines or proximity to an intersection.
d) Severance may be granted to adjust lot boundaries or to increase the size of an existing
substandard lot, provided that no new undersized lot is created.
e) The severance must not result in landlocked parcels.
f) The soil conditions must be appropriate for the services proposed, and all private water
supply and/or sewage disposal must meet the requirements of the Province and the
Township.
g) The creation of a lot in an area susceptible to flooding, erosion or any other physical or
environmental constraint will not be permitted unless it can be demonstrated that the
hazard can be safely addressed in accordance with established standards and procedures,
and/or it has been demonstrated that there will be no negative impacts on the natural
features or the ecological functions, such as fragmentation, for which the area has been
identified and has been approved by the affected Conservation Authority.
h) As a condition of consent approval, cash payment in lieu of dedication will be required for
each new lot created for residential, commercial or industrial purposes.
OT
EW
In some cases, multiple lot consents to sever may be more appropriate than proceeding through a plan
of subdivision. In order to ensure that the multiple severance process does not circumvent proper
planning procedures and principles, the following policies apply. Multiple lot consents may be permitted
provided that:
a) The proposed lots front onto an existing road of adequate construction;
b) Only minor extension of services is required;
c) The lands are located in a settlement area; and
d) The total number of lots created by consent from a parcel of land in existence as of October 7,
1985, will generally be limited to a total of five, including the retained lot.
Any consent for lot creation may be subject to a comprehensive severance agreement entered into with
the Township. This agreement would be similar to a subdivision agreement and will ensure provision of
services to municipal standards.
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The creation of new farm lots will be permitted where:
a) The severed and retained lots are of sufficient size for agricultural use, including adequate land
for manure utilization from livestock on the property;
b) The severed and retained lots are of a nature and size, and have soil and drainage characteristics
that are suitable to support an efficient farm unit and to provide meaningful on -site farm
employment;
c) The size of the severed and retained lots conforms to the requirements of the Zoning By-law;
7.23.4 Agricultural Consent Policies
Land severances in the Agricultural Area may be permitted:
a) To create rights -of -way;
b) To enlarge lots provided that:
i. The viability of the retained lot as a farm parcel is not threatened;
Where the proposed enlargement is for a non -farm use, justification through an
amendment to this Plan is required to demonstrate that the land does not comprise a
specialty crop area, there is a need within the planning horizon for additional land and
there are no reasonable alternative locations for the expansion which avoid prime
agricultural areas; and
iii. The proposed severance must merge with the lot being enlarged in accordance with
Sections 50(3) and (5) of the Planning Act.
c) To consolidate farm holdings;
d) To allow minor lot adjustments which do not result in the creation of a new lot;
e) A habitable farm dwelling made surplus to the needs of a farm operation, as a result of farm
consolidation, subject to the following conditions:
i. The retained farm parcel will be zoned so as to prohibit the construction of any
additional dwellings;
ii. The non -farm parcel will be zoned to recognize the non -farm residential use; and
iii. Minimum Distance Separation I provisions can be met;
f) For agricultural -related uses, in accordance with Section 4.1.
The construction of all public works within the Township shall be carried out in accordance with the
policies of this Plan and within the financial capacity of the Township. Future development will be
regulated by this Plan to ensure that the level of expenditure and debt, as compared to revenue and
equalized assessment is maintained at equitable levels. Council may:
a) Restrict development if the amount of development where such development causes an
imbalance in the assessment ratio;
b) Delay any proposed development where it becomes necessary to carry out large scale public
works in order to adequately service such developments.
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Access standards: means methods or procedures to ensure safe vehicular and pedestrian movement,
and access for the maintenance and repair of protection works, during times of flooding
hazards, erosion hazards and/or other water -related hazards.
Accessory uses: A use, separate building or structure, normally incidental, subordinate, exclusively
devoted to and located on the same lot as the principal use, building or structure
Active Transportation: means human -powered travel, including but not limited to, walking, cycling,
inline skating and travel with the use of mobility aids, including motorized wheelchairs and other power
assisted devices moving at a comparable speed.
Adjacent lands: means
a. for the purposes of policy 1.6.8.3, those lands contiguous to existing or planned corridors and
transportation facilities where development would have a negative impact on the corridor or
facility. The extent of the adjacent lands may be recommended in guidelines developed by the
Province or based on municipal approaches that achieve the same objectives;
b. for the purposes of policy 2.1.8, those lands contiguous to a specific natural heritage feature or
area where it is likely that development or site alteration would have a negative impact on the
feature or area. The extent of the adjacent lands may be recommended by the Province or
based on municipal approaches which achieve the same objectives;
c. for the purposes of policies 2.4.2.2 and 2.5.2.5, those lands contiguous to lands on the surface of
known petroleum resources, mineral deposits, or deposits of mineral aggregate resources where
it is likely that development would constrain future access to the resources. The extent of
the adjacent lands may be recommended by the Province; and
d. for the purposes of policy 2.6.3, those lands contiguous to a protected heritage property or
otherwise defined in the municipal official plan.
Adverse effects:
as defined in the Environmental Protection Act, means 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 of normal use of property; and
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h. interference with normal conduct of business.
Affordable: means
a) in the case of ownership housing, the least expensive of:
1. 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
2. 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;
b) in the case of rental housing, the least expensive of:
1. a unit for which the rent does not exceed 30 percent of gross annual household income for low
and moderate income households; or
2. a unit for which the rent is at or below the average market rent of a unit in the regional market
area.
Agricultural condition: means
a. in regard to specialty crop areas, a condition in which substantially the same areas and same
average soil capability for agriculture are restored, the same range and productivity of specialty
crops common in the area can be achieved, and, where applicable, the microclimate on which
the site and surrounding area may be dependent for specialty crop production will be
maintained or restored; and
b. in regard to prime agricultural land outside of specialty crop areas, a condition in which
substantially the same areas and same average soil capability for agriculture are restored.
Agricultural uses: means the growing of crops, including nursery, biomass, 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, but not limited to livestock facilities, manure storages, value -retaining facilities, and
accommodation for full-time farm labour when the size and nature of the operation requires additional
employment.
Agri -tourism uses: means those farm -related tourism uses, including limited accommodation such as a
bed and breakfast, that promote the enjoyment, education or activities related to the farm operation.
Agriculture -related uses: means those farm -related commercial and farm -related industrial uses that
are directly related to farm operations in the area, support agriculture, benefit from being in close
proximity to farm operations, and provide direct products and/or services to farm operations as a
primary activity.
Airports: means all Ontario airports, including designated lands for future airports, with Noise Exposure
Forecast (NEF)/Noise Exposure Projection (NEP) mapping.
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Alternative energy system: means a system that uses sources of energy or energy conversion processes
to produce power, heat and/or cooling that significantly reduces the amount of harmful emissions to
the environment (air, earth and water) when compared to conventional energy systems.
Archaeological resources: includes artifacts, archaeological sites, marine archaeological sites, as defined
under the Ontario Heritage Act. 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.
Methods to identify archaeological potential are established by the Province, but municipal approaches
which achieve the same objectives may also be used. The Ontario Heritage Act requires archaeological
potential to be confirmed through archaeological fieldwork.
Areas of mineral potential: means areas favourable to the discovery of mineral deposits due to geology,
the presence of known mineral deposits or other technical evidence.
Areas of natural and scientific interest (ANSI): means areas of land and water containing natural
landscapes or features that have been identified as having life science or earth science values related to
protection, scientific study or education.
Brownfield sites: means undeveloped or previously developed properties that may be contaminated.
They are usually, but not exclusively, former industrial or commercial properties that may be
underutilized, derelict or vacant.
Built heritage resource: means a building, structure, monument, installation or any manufactured
remnant that contributes to a property's cultural heritage value or interest as identified by a
community, including an Aboriginal community. Built heritage resources are generally located on
property that has been designated under Parts IV or V of the Ontario Heritage Act, or included on local,
provincial and/or federal registers.
Coastal wetland: means
a. any wetland that is located on one of the Great Lakes or their connecting channels (Lake St.
Clair, St. Marys, 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 run-up) of the large water body to which the tributary is connected.
Comprehensive rehabilitation: means rehabilitation of land from which mineral aggregate
resources have been extracted that is coordinated and complementary, to the extent possible, with the
rehabilitation of other sites in an area where there is a high concentration of mineral aggregate
operations.
Comprehensive review: means
a) for the purposes of policies 1.1.3.8 and 1.3.2.2, 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:
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1. is based on a review of population and employment projections and which reflect projections
and allocations by upper -tier municipalities and provincial plans, where applicable; considers
alternative directions for growth or development; and determines how best to accommodate
the development while protecting provincial interests;
2. utilizes opportunities to accommodate projected growth or development
through intensification and redevelopment; and considers physical constraints to
accommodating the proposed development within existing settlement area boundaries;
3. is integrated with planning for infrastructure and public service facilities, and considers financial
viability over the life cycle of these assets, which may be demonstrated through asset
management planning;
4. confirms sufficient water quality, quantity and assimilative capacity of receiving water are
available to accommodate the proposed development;
5. confirms that sewage and water services can be provided in accordance with policy 1.6.6; and
6. considers cross -jurisdictional issues
b) for the purposes of policy 1.1.6, means a review undertaken by a planning authority or comparable
body which:
1. addresses long-term population projections, infrastructure requirements and related matters;
2. confirms that the lands to be developed do not comprise specialty crop areas in accordance with
policy 2.3.2; and
3. considers cross -jurisdictional issues
In undertaking a comprehensive review the level of detail of the assessment should correspond with the
complexity and scale of the settlement boundary or development proposal.
Conserved: means the identification, protection, management and use of built heritage
resources, cultural heritage landscapes and archaeological resources in a manner that ensures their
cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by
the implementation of recommendations set out in a conservation plan, archaeological assessment,
and/or heritage impact assessment. Mitigative measures and/or alternative development approaches
can be included in these plans and assessments.
Cultural heritage landscape: means a defined geographical area that may have been modified by human
activity and is identified as having cultural heritage value or interest by a community, including an
Aboriginal community. The area may involve features such as structures, spaces, archaeological sites or
natural elements that are valued together for their interrelationship, meaning or association. Examples
may include, but are not limited to, heritage conservation districts designated under the Ontario
Heritage Act; villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries,
trailways, viewsheds, natural areas and industrial complexes of heritage significance; and areas
recognized by federal or international designation authorities (e.g. a National Historic Site or District
designation, or a UNESCO World Heritage Site).
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Defined portions of the one hundred year flood level along connecting channels: means those areas
which are critical to the conveyance of the flows associated with the one hundred year flood level along
the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers, where development or site
alteration will create flooding hazards, cause updrift and/or downdrift impacts and/or cause adverse
environmental impacts.
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 the official plan for urban residential use. For
municipalities where more detailed official plan policies (e.g. secondary plans) are required before
development applications can be considered for approval, only lands that have commenced the more
detailed planning process are considered to be designated and available for the purposes of this
definition.
Designated growth areas: means lands within settlement areas designated in an official plan for growth
over the long-term planning horizon provided in policy 1.1.2, but which have not yet been fully
developed. Designated growth areas include lands which are designated and available for residential
growth in accordance with policy 1.4.1(a), as well as lands required for employment and other uses.
Designated vulnerable area: means areas defined as vulnerable, in accordance with provincial
standards, by virtue of their importance as a drinking water source.
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;
b. works subject to the Drainage Act; or
c. for the purposes of policy 2.1.4(a), underground or surface mining of minerals or advanced
exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where
advanced exploration has the same meaning as under the Mining Act. Instead, those matters
shall be subject to policy 2.1.5(a).
Dynamic beach hazard: means areas of inherently unstable accumulations of shoreline sediments along
the Great Lakes - St. Lawrence River System and large inland lakes, as identified 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.
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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 classified as "Endangered Species" on the Species at Risk in
Ontario List, as updated and amended from time to time.
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.
Essential emergency service: means services which would be impaired during an emergency as a result
of flooding, the failure of floodproofing measures and/or protection works, and/or erosion.
Fish: means fish, which as defined in the Fisheries Act, includes fish, shellfish, crustaceans, and marine
animals, at all stages of their life cycles.
Fish habitat: as defined in the Fisheries Act, means spawning grounds and any other areas, including
nursery, rearing, food supply, and migration areas on which fish depend directly or indirectly in order to
carry out their life processes.
Flood fringe: for river, stream and small inland lake systems, means the outer portion of the flood
plain between the floodway and the flooding hazard limit. Depths and velocities of flooding are
generally less severe in the flood fringe than those experienced in the floodway.
Flood plain: for river, 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.
Flooding hazard: 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, the flooding hazard limit is the greater of:
1. 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 with the local conditions where evidence suggests
that the storm event could have potentially occurred over watersheds in the general
area;
2. the one hundred year flood; and
3. 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;
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except 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).
Floodproofing standard: means the combination of measures incorporated into the basic design and/or
construction of buildings, structures, or properties to reduce or eliminate flooding hazards, wave
uprush and other water -related hazards along the shorelines of the Great Lakes - St. Lawrence River
System and large inland lakes, and flooding hazards along river, stream and small inland lake systems.
Floodway: for river, stream and small inland lake systems, means the portion of the flood
plain where development and site alteration would cause a danger to public health and safety or
property damage.
Where the one zone concept is applied, the floodway is the entire contiguous flood plain.
Where the two zone concept is applied, the floodway is the contiguous inner portion of the flood plain,
representing that area required for the safe passage of flood flow and/or that area where flood depths
and/or velocities are considered to be such that they pose a potential threat to life and/or property
damage. Where the two zone concept applies, the outer portion of the flood plain is called the flood
fringe.
Freight -supportive: in regard to land use patterns, means transportation systems and facilities that
facilitate the movement of goods. This includes policies or programs intended to support efficient
freight movement through the planning, design and operation of land use and transportation systems.
Approaches may be recommended in guidelines developed by the Province or based on municipal
approaches that achieve the same objectives.
Great Lakes - St. Lawrence River System: means the major water system consisting of Lakes Superior,
Huron, St. Clair, Erie and Ontario and their connecting channels, and the St. Lawrence River within the
boundaries of the Province of Ontario.
Green infrastructure: means natural and human -made elements that provide ecological and
hydrological functions and processes. Green infrastructure can include components such as natural
heritage features and systems, parklands, stormwater management systems, street trees, urban forests,
natural channels, permeable surfaces, and green roofs
Ground water feature: refers to water -related features in the earth's subsurface, including
recharge/discharge areas, water tables, aquifers and unsaturated zones that can be defined by surface
and subsurface hydrogeologic investigations.
Habitat of endangered species and threatened species: means habitat within the meaning of Section 2
of the Endangered Species Act, 2007.
a. with respect to a species listed on the Species at Risk in Ontario List as an endangered or
threatened species for which a regulation made under clause 55(1)(a) of the Endangered Species
Act, 2007 is in force, the area prescribed by that regulation as the habitat of the species;
b. with respect to any other species listed on the Species at Risk in Ontario List as an endangered
or threatened species, an area on which the species depends, directly or indirectly, to carry on
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its life processes, including life processes such as reproduction, rearing, hibernation, migration
or feeding, as approved by the Ontario Ministry of Natural Resources and Forestry; and
places in the areas described in clause (a) or (b), whichever is applicable, that are used by members of
the species as dens, nests, hibernacula or other residences.
Hazardous forest types for wildland fire: means forest types assessed as being associated with the risk
of high to extreme wildland fire using risk assessment tools established by the Ontario Ministry of
Natural Resources and Forestry, as amended from time to time.
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 sites: means property or lands that could be unsafe for development and site alteration due
to naturally occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic
soils) or unstable bedrock (karst topography).
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 or elements that contribute to a protected heritage
property's cultural heritage value or interest, and may include the property's built or manufactured
elements, as well as natural landforms, vegetation, water features, and its visual setting (including
significant views or vistas to or from a protected heritage property).
High quality: means primary and secondary sand and gravel resources and bedrock resources as defined
in the Aggregate Resource Inventory Papers (ARIP).
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 but are not limited to
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.
Hydrologic function: 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.
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Individual on -site sewage services: means sewage systems, as defined in 0. Reg. 332/12 under
the Building Code Act, 1992 that are owned, operated and managed by the owner of the property upon
which the system is located.
Individual on -site water services: means individual, autonomous water supply systems that are owned,
operated and managed by the owner of the property upon which the system is located.
Infrastructure: means physical structures (facilities and corridors) that form the foundation for
development. Infrastructure includes: sewage and water systems, septage treatment systems,
stormwater management systems, waste management systems, electricity generation facilities,
electricity transmission and distribution systems, communications/telecommunications, transit and
transportation corridors and facilities, oil and gas pipelines and associated facilities.
Institutional use: for the purposes of policy 3.1.5, means land uses where there is a threat to the safe
evacuation of vulnerable populations such as older persons, persons with disabilities, and those who are
sick or young, during an emergency as a result of flooding, failure of floodproofing measures or
protection works, or erosion.
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;
b. the development of vacant and/or underutilized lots within previously developed areas;
c. infill development; and
d. the expansion or conversion of existing buildings.
Large inland lakes: means those waterbodies having a surface area of equal to or greater than 100
square kilometres where there is not a measurable or predictable response to a single runoff event.
Legal or technical reasons: 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.
Major facilities: means facilities which may require separation from sensitive land uses, including but
not limited to airports, transportation infrastructure and corridors, rail facilities, marine facilities,
sewage treatment facilities, waste management systems, oil and gas pipelines, industries, energy
generation facilities and transmission systems, and resource extraction activities.
Major goods movement facilities and corridors: means transportation facilities and corridors associated
with the inter- and intra-provincial movement of goods. Examples include: inter -modal facilities,
ports, airports, rail facilities, truck terminals, freight corridors, freight facilities, and haul routes and
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primary transportation corridors used for the movement of goods. Approaches that are freight -
supportive may be recommended in guidelines developed by the Province or based on municipal
approaches that achieve the same objectives.
Marine facilities: means ferries, harbours, ports, ferry terminals, canals and associated uses, including
designated lands for future marine facilities.
Mine hazard: means any feature of a mine as defined under the Mining Act, or any related disturbance
of the ground that has not been rehabilitated.
Minerals: means metallic minerals and non-metallic minerals as herein defined, but does not
include mineral aggregate resources or petroleum resources.
Metallic minerals means those minerals from which metals (e.g. copper, nickel, gold) are derived.
Non-metallic minerals means those minerals that are of value for intrinsic properties of the minerals
themselves and not as a source of metal. They are generally synonymous with industrial minerals (e.g.
asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, and wollastonite).
Mineral aggregate operation: means
a. lands under license or permit, other than for wayside pits and quarries, issued in accordance
with the Aggregate Resources Act;
b. for lands not designated under the Aggregate Resources Act, established pits and quarries that
are not in contravention of municipal zoning by-laws and including adjacent land under
agreement with or owned by the operator, to permit continuation of the operation; and
c. associated facilities used 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, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings
or other material prescribed under the Mining Act.
Mineral aggregate resource conservation: means
a. the recovery and recycling of manufactured materials derived from mineral aggregates (e.g.
glass, porcelain, brick, concrete, asphalt, slag, etc.), for re -use in construction, manufacturing,
industrial or maintenance projects as a substitute for new mineral aggregates; and
b. the wise use of mineral aggregates including utilization or extraction of on -site mineral
aggregate resources prior to development occurring.
Mineral deposits: means areas of identified minerals that have sufficient quantity and quality based on
specific geological evidence to warrant present or future extraction.
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Mineral mining operation: means mining operations and associated facilities, or, past producing mines
with remaining mineral development potential that have not been permanently rehabilitated to another
use.
Minimum distance separation formulae: means formulae and guidelines developed by the Province, as
amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from
livestock facilities.
Multimodal transportation system: means a transportation system which may include several forms of
transportation such as automobiles, walking, trucks, cycling, buses, rapid transit, rail (such as commuter
and freight), air and marine.
Municipal sewage services: means a sewage works within the meaning of Section 1 of the Ontario
Water Resources Act that is owned or operated by a municipality.
Municipal water services: means a municipal drinking -water system within the meaning of Section 2 of
the Safe Drinking Water Act, 2002.
Natural heritage features and areas: means features and areas, including significant wetlands,
significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant
woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the
St. Marys River), habitat of endangered species and threatened species, significant wildlife
habitat, and significant areas of natural and scientific interest, which 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, and linkages
intended to provide connectivity (at the regional or site level) and support natural processes which are
necessary to maintain biological and geological diversity, natural functions, viable populations of
indigenous species, and ecosystems. These systems can include natural heritage features and areas,
federal and provincial parks and conservation reserves, other natural heritage features, lands that have
been restored or have the potential to be restored to a natural state, areas that support hydrologic
functions, and working landscapes that enable ecological functions to continue. The Province has a
recommended approach for identifying natural heritage systems, but municipal approaches that achieve
or exceed the same objective may also be used.
Negative impacts: means
a. in regard to policy 1.6.6.4 and 1.6.6.5, degradation to the quality and quantity of water, sensitive
surface water features and sensitive ground water features, and their related hydrologic
functions, due to single, multiple or successive development. Negative impacts should be
assessed through environmental studies including hydrogeological or water quality impact
assessments, in accordance with provincial standards;
b. in regard to policy 2.2, degradation to the quality and quantity of water, sensitive surface water
features and sensitive ground water features, and their related hydrologic functions, due to
single, multiple or successive development or site alteration activities;
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c. in regard to fish habitat, any permanent alteration to, or destruction offish habitat, except
where, in conjunction with the appropriate authorities, it has been authorized under
the Fisheries Act; and
d. in regard to other natural heritage features and areas, degradation that threatens the health
and integrity of the natural features or ecological 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 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.
Oil, gas and salt hazards: means any feature of a well or work as defined under the Oil, Gas and Salt
Resources Act, or any related disturbance of the ground that has not been rehabilitated.
On -farm diversified uses: means uses that are secondary to the principal agricultural use of the
property, and are limited in area. On farm diversified uses include, but are not limited to, home
occupations, , agri-tourism uses, and uses that produce value-added agricultural products.
One hundred year flood: for river, stream and small inland lake systems, means that flood, based on an
analysis of precipitation, snow melt, or a combination thereof, having a return period of 100 years on
average, or having a 1% chance of occurring or being exceeded in any given year.
One hundred year flood level: means
a. for the shorelines of the Great Lakes, the peak instantaneous stillwater level, resulting from
combinations of mean monthly lake levels and wind setups, which has a 1% chance of being
equalled or exceeded in any given year;
b. in the connecting channels (St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers), the
peak instantaneous stillwater level which has a 1% chance of being equalled or exceeded in any
given year; and
c. for large inland lakes, lake levels and wind setups that have a 1% chance of being equalled or
exceeded in any given year, except that, where sufficient water level records do not exist, the
one hundred year flood level is based on the highest known water level and wind setups.
Other water -related hazards: means water -associated phenomena other than flooding
hazards and wave uprush which act on shorelines. This includes, but is not limited to ship -generated
waves, ice piling and ice jamming.
Partial services: means
a. municipal sewage services or private communal sewage services and individual on -site water
services; or
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b. municipal water services or private communal water services and individual on -site sewage
services.
Petroleum resource operations: means oil, gas and salt wells and associated facilities and other drilling
operations, oil field fluid disposal wells and associated facilities, and wells and facilities for the
underground storage of natural gas and other hydrocarbons.
Petroleum resources: means oil, gas, and salt (extracted by solution mining method) and formation
water 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.
Planned corridors: means corridors or future corridors which are required to meet projected needs, and
are identified through provincial plans, preferred alignment(s) determined through the Environmental
Assessment Act process, or identified through planning studies where the Ontario Ministry of
Transportation is actively pursuing the identification of a corridor. Approaches for the protection
of planned corridors may be recommended in guidelines developed by the Province.
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 the
completion of the construction project.
Prime agricultural area: means areas where prime agricultural lands predominate. This includes areas
of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional
areas where there is a local concentration of farms which exhibit characteristics of ongoing
agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture and Food
using guidelines developed by the Province as amended from time to time. A prime agricultural
area may also be identified through an alternative agricultural land evaluation system approved by the
Province.
Prime agricultural land: means specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3
lands, as amended from time to time, in this order of priority for protection.
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Private communal sewage services: means a sewage works within the meaning of Section 1 of
the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by a
municipality.
Private communal water services: means a non -municipal drinking -water system within the meaning of
Section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private residences.
Protected heritage property: means property designated under Parts IV, V or VI of the Ontario Heritage
Act; property subject to a heritage conservation easement under Parts II or IV of the Ontario Heritage
Act; property identified by the Province and prescribed public bodies as provincial heritage property
under the Standards and Guidelines for Conservation of Provincial Heritage Properties; property
protected under federal legislation, and UNESCO World Heritage Sites.
Protection works standards: means the combination of non-structural or structural works and
allowances for slope stability and flooding/erosion to reduce the damage caused by flooding hazards,
erosion hazards and other water -related hazards, and to allow access for their maintenance and repair.
Provincial and federal requirements: means
a. in regard to policy 1.6.11.2, legislation, regulations, policies and standards administered by the
federal or provincial governments for the purpose of protecting the environment from potential
impacts associated with energy systems and ensuring that the necessary approvals are
obtained;
b. in regard to policy 2.1.6, legislation and policies administered by the federal or provincial
governments for the purpose of fisheries protection (including fish and fish habitat), and
related, scientifically established standards such as water quality criteria for protecting lake
trout populations; and
c. in regard to policy 2.1.7, legislation and policies administered by the provincial government or
federal government, where applicable, for the purpose of protecting species at risk and their
habitat.
Provincial plan: means a provincial plan within the meaning of section 1 of the Planning Act.
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.
Quality and quantity of water: is measured by indicators associated with hydrologic function such as
minimum base flow, depth to water table, aquifer pressure, oxygen levels, suspended solids,
temperature, bacteria, nutrients and hazardous contaminants, and hydrologic regime.
Rail facilities: means rail corridors, rail sidings, train stations, inter -modal facilities, rail yards and
associated uses, including designated lands for future rail facilities.
Recreation: means leisure time activity undertaken in built or natural settings for purposes of physical
activity, health benefits, sport participation and skill development, personal enjoyment, positive social
interaction and the achievement of human potential.
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Redevelopment: means the creation of new units, uses or lots on previously developed land in existing
communities, including brownfield sites.
Regional market area: refers to an area that has a high degree of social and economic interaction. The
upper or single -tier municipality, or planning area, will normally serve as the regional market area.
However, where a regional market area extends significantly beyond these boundaries, then
the regional market area may be based on the larger market area. Where regional market areas are
very large and sparsely populated, a smaller area, if defined in an official plan, may be utilized.
Renewable energy source: means an energy source that is renewed by natural processes and includes
wind, water, biomass, biogas, biofuel, solar energy, geothermal energy and tidal forces.
Renewable energy system: means a system that generates electricity, heat and/or cooling from
a renewable energy source.
Reserve sewage system capacity: means design or planned capacity in a centralized waste water
treatment facility which is not yet committed to existing or approved development. For the purposes of
policy 1.6.6.6, 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 and land -
applied on agricultural land under the Nutrient Management Act, 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.
Residence surplus to a farming operation: means an existing habitable farm residence that is rendered
surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as
one farm operation).
Residential intensification: means intensification of a property, site or area which results in a net
increase in residential units or accommodation and includes:
a. redevelopment, including the redevelopment of brownfield sites;
b. the development of vacant or underutilized lots within previously developed areas;
c. infill development;
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.
River, stream and small inland lake systems: means all watercourses, rivers, streams, and small inland
lakes or waterbodies that have a measurable or predictable response to a single runoff event.
Rural areas: means a system of lands within municipalities that may include rural settlement areas, rural
lands, prime agricultural areas, natural heritage features and areas, and resource areas.
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Rural lands: means lands which are located outside settlement areas and which are outside prime
agricultural areas.
Sensitive: in regard to surface water features and ground water features, means areas that are
particularly susceptible to impacts from activities or events including, but not limited to, water
withdrawals, and additions of pollutants.
Sensitive land uses: means buildings, 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 nearby major facility. Sensitive land uses may be a part of the
natural or built environment. Examples may include, but are not limited to: residences, day care centres,
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 policy 1.1.2. In cases where land in designated growth areas is
not available, the settlement area may be no larger than the area where development is
concentrated.
Sewage and water services: includes municipal sewage services and municipal waterservices, private
communal sewage services and private communal waterservices, individual on -site sewage
services and individual on -site waterservices, and partial services.
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 and Forestry
using evaluation procedures established by the Province, as amended from time to time;
b. 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. These are to be identified using criteria established
by the Ontario Ministry of Natural Resources and Forestry;
c. in regard to other features and areas in policy 2.1, 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;
d. in regard to mineral potential, an area identified as provincially significant through evaluation
procedures developed by the Province, as amended from time to time, such as the Provincially
Significant Mineral Potential Index; and
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e. in regard to cultural heritage and archaeology, resources that have been determined to have
cultural heritage value or interest. Processes and criteria for determining cultural heritage value
or interest are established by the Province under the authority of the Ontario Heritage Act.
Criteria for determining significance for the resources identified in sections (c)-(e) are recommended by
the Province, but municipal approaches that achieve or exceed the same objective may also be used.
While some significant resources may already be identified and inventoried by official sources, the
significance of others can only be determined after evaluation.
Site alteration: means activities, such as grading, excavation and the placement of fill that would change
the landform and natural vegetative characteristics of a site.
For the purposes of policy 2.1.4(a), site alteration does not include underground or surface mining
of minerals or advanced exploration on mining lands in significant areas of mineral potential in
Ecoregion 5E, where advanced exploration has the same meaning as in the Mining Act. Instead, those
matters shall be subject to policy 2.1.5(a).
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 older persons.
Special policy area: means an area within a community that has historically existed in the flood
plain and where site -specific policies, approved by both the Ministers of Natural Resources and
Municipal Affairs and Housing, are intended to provide for the continued viability of existing uses (which
are generally on a small scale) and address the significant social and economic hardships to the
community that would result from strict adherence to provincial policies concerning development. The
criteria and procedures for approval are established by the Province.
ASpecial Policy Area is not intended to allow for new or intensified development and site alteration, if a
community has feasible opportunities for development outside the flood plain.
Specialty crop area: means areas designated using guidelines developed by the Province, as amended
from time to time. In these areas, specialty crops are predominantly grown such as tender fruits
(peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from
agriculturally developed organic soil, 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;
b. farmers skilled in the production of specialty crops; and
c. a long-term investment of capital in areas such as crops, drainage, infrastructure and 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
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associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic
characteristics.
Threatened species: means a species that is listed or categorized as a "Threatened Species" on the
Ontario Ministry of Natural Resources and Forestry official species at risk list, as updated and amended
from time to time.
Transit -supportive: in regard to land use patterns, means development that makes transit viable and
improves the quality of the experience of using transit. It often refers to compact, mixed -use
development that has a high level of employment and residential densities. Approaches may be
recommended in guidelines developed by the Province or based on municipal approaches that achieve
the same objectives.
Transportation demand management: means a set of strategies that result in more efficient use of
the transportation system by influencing travel behaviour by mode, time of day, frequency, trip length,
regulation, route, or cost.
Transportation system: means a system consisting of facilities, corridors and rights -of -way for the
movement of people and goods, and associated transportation facilities including transit stops and
stations, sidewalks, cycle lanes, bus lanes, high occupancy vehicle lanes, rail facilities, parking facilities,
park'n'ride lots, service centres, rest stops, vehicle inspection stations, inter -modal facilities,
harbours, airports, marine facilities, ferries, canals and associated facilities such as storage and
maintenance.
Two zone concept: means an approach to flood plain management where the flood plain is
differentiated in two parts: the floodway and the flood fringe.
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.
Vulnerable: means surface and/or groundwater that can be easily changed or impacted.
Waste management system: means sites and facilities to accommodate solid waste from one or more
municipalities and includes recycling facilities, transfer stations, processing sites and disposal sites.
Watershed: means an area that is drained by a river and its tributaries.
Wave uprush: means the rush of water up onto a shoreline or structure following the breaking of a
wave; the limit of wave uprush is the point of furthest landward rush of water onto the shoreline.
Wayside pits and quarries: means a temporary pit or quarry opened and used by or for a public
authority solely for the purpose of a particular project or contract of road construction and not located
on the road right-of-way.
Wetlands: 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.
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Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland
characteristics are not considered to be wetlands for the purposes of this definition.
Wildlife fire assessment and mitigation standards: means the combination of risk assessment tools and
environmentally appropriate mitigation measures identified by the Ontario Ministry of Natural
Resources and Forestry to be incorporated into the design, construction and/or modification of
buildings, structures, properties and/or communities to reduce the risk to public safety, infrastructure
and property from wildland fire.
Wildlife habitat: means areas where plants, animals and other organisms live, and find adequate
amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats
of concern may include areas where species concentrate at a vulnerable point in their annual or life
cycle; and areas which are important to 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. Woodlands include treed areas, woodlots or forested areas and vary in their level of
significance at the local, regional and provincial levels. Woodlands may be delineated according to the
Forestry Act definition or the Province's Ecological Land Classification system definition for "forest."
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Township of Southwold
21 Offl6aIC:aIIn�u�
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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
proposed development. 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; 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);
b) 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 for Breeding
Bird Activities and May to October for peak migratory activity);
c) a description which identifies and confirms candidate and significant wildlife habitat;
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 as well as a map illustrating the features and their locations;
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.
f) preparation of a wetland evaluation in accordance with the Ministry of Natural Resources and
Forestry evaluation system. In all cases, the Ministry of Natural Resources and Forestry is
responsible for reviewing and approving the wetland evaluations;
g) an overview of site geology, topography and soil types, including data obtained from hand-
augered holes or test pits;
h) an overview of site hydrology describing recharge and discharge areas, and characteristics of
existing or new wells;
i) a discussion of existing and proposed sources of potential contamination (e.g. gas stations,
machinery repair operations, etc.);
m
322
Township of Southwold
21 Offl6aIC:aIIn�u�
j) a description of ecological functions and interrelationships for each natural heritage feature
(e.g., 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 the significant natural
heritage features and natural heritage system by natural corridors that may or may not be
identified on the schedules to this Plan; and,
1) 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. Performance
measures, monitoring and adaptive management (where appropriate) may also need to be
considered.
As required, an EIS should also include mapping development in relation to natural heritage features
should include known significant natural heritage features, the property boundary, the study
area/adjacent lands and all components of the project proposal.
Any EIS shall describe what changes the proposed development and/or site alteration will have on the
following, if applicable:
a) significant natural heritage features
b) ground and surface water recharge and discharge;
c) predicted ground water use and potential for interference with nearby wells (e.g., well yield,
water quality);
d) ground water quality or quantity as it affects the natural environment (e.g. discharge to surface,
aquifer conditions);
e) surface water quality and quantity (e.g., sedimentation, temperature, flow volume);
f) terrestrial wildlife habitat quantity or quality (e.g., loss of deer wintering yards, cover for wildlife
movement, increased potential for bank erosion);
g) aquatic or fish habitat quantity or quality (e.g., water warming from removal of stream bank
vegetation, potential for destruction or alteration of a fisheries resource);
h) wildlife movement corridors;
the ecological function of the natural environmental features;
j) noise and traffic levels and their impacts on wildlife as compared to existing conditions (e.g.,
truck traffic from excavation activities);
323
Township of Southwold
21 Offl6aIC:aIIn�u�
k) 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;
1) the potential for off -site discharge of materials (e.g., storm water runoff, effluent, odours. air
emissions) as a result of the proposed development;
m) erosion potential from grading and construction techniques and proposed mitigation measures
for steep slopes or unstable soils;
n) the compatibility of the proposed land use with surrounding land uses within the Greenlands
system and/or associated linkages;
o) 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,
p) 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.
q) In addition to the above, the EIS shall describe the positive impacts or enhancements that may
occur as a result of mitigation.
m
324
Township of Southwold
2021 Offlda
325
Township of Southwold
2021 Offlda
MAID I : AQUFFER VULNERABILF'rY, KE"r"rLE CREEK WXrERSHED
m
326
Township of Southwold
2021 Offlda
MAP 2: HIGHLY VULNERABLE AQUFFERS, KE",r",rl.,E CREEK WXrERSHED
no
327
IS, 0
ft"6
. . ..... . ....
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I
Prugressive by Nature
RECOMMENDATION:
REPORT TO COUNTY COUNCIL
FROM: Brian Lima, General Manager of
Engineering, Planning, & Enterprise (EPE) / Deputy
CAO
DATE: February 11, 2022
SUBJECT: Small Business Enterprise Centre Update
THAT the report titled "Small Business Enterprise Centre Update" from the General
Manager of Engineering, Planning & Enterprise / Deputy CAO, dated February 11, 2022
be received and filed as information.
INTRODUCTION:
Elgin County is a contributing partner to the Small Business Enterprise Centre (SBEC).
The team of business advisors operates as part of the St. Thomas Economic
Development Corporation with the support of Elgin County Economic Development and
the Province of Ontario.
The following is an advisory report for the period April 1, 2021 — December 31, 2021
provided by Tara McCaulley, Manager Business Development & Entrepreneurship.
DISCUSSION:
Mainstreet Ambassador Program
• Main Street Ambassadors are dedicated to providing hands-on business advisory
support to entrepreneurs along main streets in St. Thomas, Rodney and West
Lorne
• Participating Main Street communities receive up to ten $10K non -repayable
contributions to support local businesses as well as funding for human resources
• Two Ambassadors; one in St. Thomas and one in West Elgin
• Both have accepted the offer of one-year contract employment and start on
Monday, February 14th
Side Gig Program
Partnership between the SBEC and Ignite Youth Centre
Target Audience: 15-29 years old, living in St. Thomas or Elgin County, starting a
new business
330
2
• Youth retention in rural communities is a well-known challenge. This program will
aim to target youth (15-29) who are currently working or studying in St. Thomas
or Elgin to start a small business to assist them in developing community
connections and economic opportunities. Employers need to attract and retain
talented young people but often can't compete with the pay and opportunities in
larger cities, by encouraging their employees to start side -gigs they can foster
their employees' personal development and increase their income, making them
more likely to stay
• Youth want more creative and personalized opportunities and with the right
supports can bring their creative energy and ideas to the community, further
boosting the economy
• Funding received through the Elgin Community Foundation
• Business plans submitted, and six candidates will receive funding
• 50% of candidates are in Elgin County and 50% are in St. Thomas
Summer Company Program
• Already receiving inquiries for this popular youth program that provides training,
mentoring, guidance, and funding to start and operate a business throughout the
summer
• Connections are being made with local schools and the Business Advisor will be
facilitating entrepreneurial workshops
Starter Company Plus
• Utilizing the remainder of funding of the fiscal 2021/22
• Have administered nine grants year-to-date, six in Elgin County and three in St.
Thomas
• Applications will be accepted for the fiscal 2022/23 year in March 2022
• To maximize human resources, 2022/23 will see the first year of two submission
dates (March & September)
Foodpreneur Program
• Foodpreneur Advantage is a regional collaboration of Small Business Enterprise
Centres, made possible by support from Libro Credit Union and FedDev Ontario
• The London Small Business Centre is the lead on the project
• Currently one active program participant (from St. Thomas)
• Identifying potential candidates for the spring intake
• Three Starter Company Plus grants will be reserved from the 2022/23 budget
Horton Market
• The Horton Market will open applications mid -February
331
3
• Will be participating in the Depave Paradise which is a program that secures
underutilized, paved sites, rips out the asphalt and replaces it with native, storm
water retentive water plants and pollination gardens
• First steps have been taken in a partnership with St. Thomas Downtown
Development Board to highlight downtown businesses while at the market (26-
week program)
• Sponsorship of $10,000 cash and $5000 in -kind confirmed
• The market space has been cleared from Southwestern Public Health as a
certified kitchen and exploring funding options for a full commercial kitchen
• In 2022 will be researching the feasibility of an indoor winter market
• Continue to look for ways to activate entrepreneurship at the Horton Market
Women in Business Celebration
• Partnership with MyFM
• New women in business from St. Thomas and Elgin County will be featured on
social media throughout the month of March (SBEC page and MyFM page and
website)
Women in Business Event
• An in -person outdoor event on June 2, 2022 at Quai Du Vin
• Have chosen June and an outdoor event to take into consideration potential
COVID-19 impacts
• Jam Gamble, #slaythemike will be the key note speaker
• All welcome
Bridges to Better Business
• Scheduled for October 6, 2022 at the Elgin Railway Museum
• The Drum Cafe will be performing
• Keynote speaker to be announced at our Women's Day event
YTD Results April 1, 2021 — December 31, 2021
X Economic 'Impact:
YTD
Business Started(City)
17
Business Started Count
21
Total Business Started
38
Business Expanded(City)
14
Business Expanded Count
4
Total Business Expanded
18
Outside Region Business
Assisted
5
Total Business Assisted
61
332
Jobs Created (City)
60
Jobs Created Count
31
Total Jobs Created
91
B. General Inquiries
Incoming Client Contacts:
YTD
Telephone
449
Walk-ins
92
E-mails
632
Social Media
319
Total Inquiries
2635
Client Consults: Activity
YTD
New Startup Client
119
New Existing Business Client
51
Sub -total New Consults
170
Repeat Startup Client
95
Repeat Existing Business
Client
220
Sub -total Repeat Consults
315
Total Client Consults
485
FINANCIAL IMPLICATIONS:
Elgin County contributes $50,000 to the Small Business Enterprise Centre through the
Economic Development & Tourism Budget annually.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
❑ Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Growing Elgin
® Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
❑ Fostering a healthy
environment.
® Enhancing quality of
place.
Investing in Elgin
❑ Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
❑ Delivering mandated
programs and services
efficiently and
effectively.
0
333
5
Additional Comments: None
LOCAL MUNICIPAL PARTNER IMPACT:
None.
COMMUNICATION REQUIREMENTS:
�m
CONCLUSION:
The Small Business Enterprise Centre continues to be a strong partner in helping to
deliver business supports in Elgin County.
All of which is Respectfully Submitted
:iF-MilA 111V
General Manager of Engineering,
Planning & Enterprise / Deputy CAO
Approved for Submission
Julie Gonyou
Chief Administrative Officer
334
REPORT TO COUNTY COUNCIL
FROM: Kate Burns Gallagher - Manager of
Economic Development and Tourism
Brian Lima - General Manager of Engineering,
Planning, & Enterprise (EPE) / Deputy CAO
Prug1ressive by Nature
DATE: February 10, 2022
SUBJECT: 2022 South Central Ontario Region
Economic Development Corporation Board of
Director Appointments
RECOMMENDATIONS:
THAT the report titled "2022 South Central Ontario Region Economic Development
Corporation Board of Directors Appointments" dated February 10, 2022 from the Manager
of Economic Development & Tourism and the General Manager of Engineering, Planning
& Enterprise/Deputy CAO be received and filed; and
THAT County Council appoint Warden French and Deputy Warden Marks to the South
Central Ontario Region Economic Development Corporation Board of Directors for 2022;
and;
THAT County Council appoints the General Manager of Engineering, Planning &
Enterprise / Deputy CAO and the Manager of Economic Development & Tourism to the
South Central Ontario Region Economic Development Corporation Resource Advisory
Group for 2022.
INTRODUCTION:
At its meeting held on February 1, 2022 Elgin County Council approved as part of the
budget process, membership for 2022 with South Central Ontario Region Economic
Development Corporation (SCOR EDC).
DISCUSSION:
SCOR EDC has asked that Council appoint two (2) Council members to sit on the
SCOR Board of Directors.
In addition, SCOR EDC has a Resource Advisory Group that consists of senior staff
who have an economic development or similar portfolio. SCOR EDC has asked that
Council also appoint two staff members to this group.
335
2
The Board of Directors meets every two (2) months as per the attached schedule.
It is recommended that the Warden Mary French and Deputy Warden Marks be
appointed to represent Elgin County on the SCOR EDC Board of Directors for 2022.
It is also recommended that the General Manager of Engineering, Planning & Enterprise
/ Deputy CAO and the Manager of Economic Development & Tourism be appointed to
SCOR EDC Resource Advisory Group.
FINANCIAL IMPLICATIONS:
There is a $25,000 annual partnership contribution to participate in the SCOR EDC.
This has been approved as part of the 2022 Budget process.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
❑ Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Growing Elgin
® Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
❑ Fostering a healthy
environment.
❑ Enhancing quality of
place.
Additional Comments: None
LOCAL MUNICIPAL PARTNER IMPACT:
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
❑ Delivering mandated
programs and services
efficiently and
effectively.
Local Municipal Partners will be represented at the SCOR EDC through Elgin County's
one-year membership.
COMMUNICATION REQUIREMENTS:
A letter will be sent from the Warden, on behalf of County Council, to SCOR EDC
notifying them of Council and staff appointments.
336
3
CONCLUSION:
SCOR EDC requires the appointment of two (2) Members of Council to sit on the Board
of Directors and the appointment of two staff members to sit on the SCOR EDC
Resource Group.
All of which is Respectfully Submitted
Kate Burns Gallagher
Manager Economic Development &
Tourism
Brian Lima
General Manager of Engineering,
Planning & Enterprise /Deputy CAO
Approved for Submission
Julie Gonyou
Chief Administrative Officer
337
South Central Ontario Region Economic Development Corporation (SCOR EDC)
4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 F: 519-842-7123
www.scorregion.com www.scorbusinessportal.com
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliilillillillillillillillillilliilillillillillillillillilliillillillillillillilliillilliillillillillillillilliilillillillillI
Hello Everyone;
Below is our SCOR EDC Board schedule for the 2022 year. The meetings are the last Thursday of the
month and start time will be 9:00 am. The meetings will rotate to each County (see below) as we near
the date of the meetings actual address locations will be provided
Please save the dates in your calendars.
Date
Location
January 27, 2022
Zoom
March 31, 2022
Brant
May 26, 2022
Elgin
July 28, 2022
Middlesex
September 29, 2022
Norfolk
November 24, 2022
Oxford
338
South Central Ontario Region Economic Development Corporation (SCOR EDC)
4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 F: 519-842-7123
www.scorregion.com www.scorbusinessportal.com
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliilillillillillillillillillilliilillillillillillillillilliillillillillillillilliillilliillillillillillillilliilillillillillI
Hello Everyone;
Below is our SCOR EDC Board schedule for the 2022 year. The meetings are the last Thursday of the
month and start time will be 9:30 am- 11:00 am. The meetings will be held virtually unless otherwise
noted in calendar invites
Please save the dates in your calendars.
Date
Location
February 24, 2022
Zoom
April 28, 2022
Zoom
June 30, 2022
Zoom
August 25, 2022
Zoom
October 27, 2022
Zoom
December TBD
Zoom
339
�Il�uumouuu��°^�
Prugressive by Nature
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Brian Lima, General Manager of
Engineering, Planning & Enterprise /
Deputy CAO
Mike Hoogstra, Purchasing Coordinator
DATE: February 14, 2022
SUBJECT: Currie Road Pedestrian Crossing
Construction - Tender Award
THAT Armstrong Paving and Materials Group Ltd. be selected for the Currie Road
Pedestrian Crossing Construction Project, Contract No. 2022-T04 at a total price of
$130,135.70 exclusive of H.S.T.; and,
THAT the Warden and Chief Administrative Officer be directed and authorized to sign
the contract.
INTRODUCTION:
A tender was advertised and issued as per the County's Procurement Policy for the
Currie Road Pedestrian Crossing Construction Project. The site is located along Currie
Road (County Road 8) at Mary Street in the Municipality of Dutton-Dunwich.
DISCUSSION:
A total of twelve (12) contractors downloaded tender documents for this project from the
ounts bidding system IP
Y' g y .:°)u�.....��h.s�������t.e.in.��h..ei::."�'. Five (5) contractors submitted electronic bids
for this tender which closed on February 11, 2022. Bids were received as follows:
Company
Bid Price
(exclusive of HST)
Armstrong Paving and Materials Group Ltd.
$130,135.70
Field Electrical Contractors Inc.
$142,282.00
Dufferin Construction Company
$156,738.90
ERTH (Holdings) Inc.
$185,534.00
Aqua Tech Solutions Inc.
$191,587.67
340
2
Armstrong Paving and Materials Group Ltd. submitted the lowest compliant bid for the
project at a total price of $130,135.70 exclusive of HST.
FINANCIAL IMPLICATIONS:
The following summary of projected estimated costs is provided for review and will be
confirmed throughout the project:
Engineering Completed In -House
Construction $ 130,135.70
Net HST (1.76%) $ 2,290.39
Total Projected Costs' $ 132,426.09
Capital Budget $ 110,000.00
Forecast Budget Surplus/(Deficit) $ (22,426.09)
1 Inclusive of a $10,000 contingency allowance.
The anticipated deficit will be offset by efficiencies from other capital projects completed
in 2022.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
❑ Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
None.
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
341
COMMUNICATION REQUIREMENTS:
Council, Municipal staff and residents will be advised of the project and construction
progress updates.
CONCLUSION:
Work on this project is expected to commence in mid -March with completion anticipated
to be achieved by April 30, 2022.
As per the County of Elgin's Purchasing Policy, if change orders are required and the
cost increases above the tender amount approved by Council by less than 10%, and the
amount is within the overall budgeted project amount, work will proceed upon
authorization by the Director. However, if the cost increases above the tender amount
approved by Council by more than 10%, the Director will prepare a further report to
Council outlining the expenditures.
All of which is Respectfully Submitted
Brian Lima
Director of Engineering Services
Mike Hoogstra
Purchasing Coordinator
Approved for Submission
Julie Gonyou
Chief Administrative Officer
3
342
�Il�uumouuu��°^�
Prugressive by Nature
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Brian Lima, General Manager of
Engineering, Planning & Enterprise /
Deputy CAO
Mike Hoogstra, Purchasing Coordinator
DATE: February 15, 2022
SUBJECT: Hamlet of Richmond Reconstruction - Tender
Award
THAT Cassidy Construction London Ltd. be selected for the Hamlet of Richmond
Reconstruction Project, Contract No. 2022-T03 at a total price of $2,802,639.00
exclusive of H.S.T.; and
THAT the Warden and Chief Administrative Officer be directed and authorized to sign
the contract.
INTRODUCTION:
A tender was advertised and issued as per the County's Procurement Policy for the
Hamlet of Richmond Reconstruction Project. The site is located along Heritage Line
(CR 38) and Richmond Road (CR 43) in the Municipality of Bayham.
DISCUSSION:
A total of eighteen (18) contractors downloaded tender documents for this project from
' �h��������������:�����,,�i�.�u����h�����,,�irs. Three (3) contractors submitted electronic
the ou my s bidding d i ng system I�°�� a ��:.."�:��:................................
bids for this tender which closed on February 15, 2022. Bids were received as follows:
Company
Bid Price
(exclusive of HST)
Cassidy Construction London Ltd.
$2,802,639.00
GHN Group
$2,846,320.69
Oxford Civil Group Inc.
$3,086,727.52
Cassidy Construction London Ltd. submitted the lowest compliant bid for the project at a
total price of $2,802,639.00 exclusive of HST.
343
2
FINANCIAL IMPLICATIONS:
The following summary of projected estimated costs is provided for review and will be
confirmed throughout the project:
Engineering Completed In -House
Construction $ 2,802,639.00
Net HST (1.76%) $ 49,326.45
Total Projected Costs' $ 2,851,965.45
Capital Budget $ 2,980,000.00
Forecast Budget Surplus/(Deficit) $ 128,034.55
1 Inclusive of a $300, 000 contingency allowance.
The anticipated surplus will be used to offset any funding deficits from other capital
projects completed in 2022.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth.
❑ Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
The Municipality of Bayham has been consulted throughout project design and their
input has been incorporated into the project scope. A construction detour will be
established to restrict through road traffic while permitted local resident access as much
as possible during the project. Regular and ongoing communication to affected
property owners, including the distribution of "door knockers" will keep residents within
the project area apprised of project activites.
344
3
COMMUNICATION REQUIREMENTS:
Council, Municipal staff and residents have been and will continue to be advised of the
project and construction progress updates.
CONCLUSION:
Work on this project is expected to commence in mid -March with substantial completion
anticipated to be achieved by July 1, 2022.
As per the County of Elgin's Purchasing Policy, if change orders are required and the
cost increases above the tender amount approved by Council by less than 10%, and the
amount is within the overall budgeted project amount, work will proceed upon
authorization by the Director. However, if the cost increases above the tender amount
approved by Council by more than 10%, the Director will prepare a further report to
Council outlining the expenditures.
All of which is Respectfully Submitted
Brian Lima
Director of Engineering Services
Mike Hoogstra
Purchasing Coordinator
Approved for Submission
Julie Gonyou
Chief Administrative Officer
345
Elgin,
Prugressive by Nature
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Julie Gonyou, Chief Administrative Officer
DATE: February 16, 2022
SUBJECT: Transfer Payment Agreement for the
Community Paramedicine for Long -Term Care
Program
THAT the Warden and Chief Administrative Officer be authorized and directed to enter
into the Transfer Payment Agreement to receive $4,480,300 from the Ministry of Long -
Term Care for the implementation of the Community Paramedicine for Long -Term Care
Program; and,
THAT By -Law 22-13 to authorize the Warden and Chief Administrative Officer to
execute the Transfer Payment Agreement on behalf of Elgin County be enacted.
INTRODUCTION:
On February 14, 2022, Elgin County Council received a letter from the Ministry of Long -
Term Care, confirming that the Government of Ontario will provide funding of up to
$4,480,300 towards the implementation of a Community Paramedicine for Long -Term
Care Program in Elgin County. The letter from the Ministry of Long -Term Care is
attached to this report.
DISCUSSION:
Background
Community paramedicine is a model of community -based health care where
paramedics use their education and expertise in community -based, non -emergency
care roles, outside their emergency response and ambulance transport roles.
The Community Paramedicine for Long -Term Care Program is designed to provide
additional care for seniors in their own homes before admission into long-term care.
This initiative is part of the province's modernization plan to address systemic barriers in
long-term care bed development and the growing demand for long-term care in the
province.
The program was piloted across five (5) communities in October 2020 and is already
operational across 33 Ontario communities.
346
:)f 2021, the Ontario Government announced an investment of $82.5 million
ie existing Community Paramedicine for Long -Term Care program to an
additional 22 communities, including Elgin County.
A business case and budget submission prepared by Elgin County and MEMSEO and
was sent to the Ministry of Long -Term Care for approval in December.
The letter received from the Ministry on February 14, 2022 indicated that funding will
include up to $821,100 in 2021-22; up to $1,711,400 in 2022-23; and up to $1,947,800
in 2023-24.
A transfer payment agreement is required and was received from the Government of
Ontario on February 14, 2022. The Ministry of Long -Term Care required the transfer
payment agreement to be finalized by February 18, 2022. As a result of the tight turn
around for finalizing the agreement, the Chief Administrative Officer and the Warden
executed the agreement for submission on February 18, 2022.
FINANCIAL IMPLICATIONS:
The program is fully funded by the province. Funding is expected to be provided to the
County of Elgin as follows-
2021-22 - up to $821,100
2022-23 - up to $1,711,400
2023-24 - up to $1,947,800 in 2023-24.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
❑ Ensuring alignment of
current programs and
services with community
need.
® Exploring different
ways of addressing
community need.
❑ Engaging with our
community and other
stakeholders.
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
® Fostering a healthy
environment.
® Enhancing quality of
place.
Investing in Elgin
❑ Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
2
347
3
Additional Comments: EMS is a mandated program, supporting the health and well-
being of County residents.
LOCAL MUNICIPAL PARTNER IMPACT:
Elgin County is the service provider for EMS services in all seven (7) Local Municipal
Partners and the City of St. Thomas.
COMMUNICATION REQUIREMENTS:
Information about the Community Paramedicine for Long -Term Care program will be
shared with Elgin's Local Municipal Partners and the City of St. Thomas.
CONCLUSION:
The Ministry of Long -Term Care has informed the County of Elgin that it will provide up
to $4,480,300 for the implementation of a Community Paramedicine for Long -Term
Care Program. A transfer payment agreement and associated by-law are required.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
348
Ministry of Long -Term Care
Assistant Deputy Minister
Long -Term Care Policy Division
Assistant Deputy Minister
Long -Term Care Operations
61h Floor, 400 University Avenue
Toronto, ON M5G 1S5
Tel: (647) 921-1732
February 11, 2022
Ministere des Soins de longue duree
Sous-ministre adjointe
Division de la politique de soins de longue duree
Sous-ministre adjointe
Operations relatives aux soins de longue duree
400, avenue Universitaire, 6e etage
Toronto ON M5G 1S5
Telephone: (647) 921-1732
Ms. Julie Gonyou
Chief Administrative Officer
Corporation of the County of Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
cao@elgin.ca
Ontario 0
e-Approve #179-2022-190
Re: Ministry of Long -Term Care Agreement — Community Paramedicine for Long -
Term Care
Dear Ms. Gonyou:
This letter is further to the recent letter you received from the Honourable Paul
Calandra, Minister of Long -Term Care, informing you that the Ministry of Long -Term
Care (the "ministry") will provide the Corporation of the County of Elgin up to $4,480,300
in one-time funding for a 2.5 year period over the 2021-22 to 2023-24 fiscal years. This
funding will include, up to $821,100 in 2021-22; up to $1,711,400 in 2022-23; and up to
$1,947,800 in 2023-24 to implement the Community Paramedicine for Long -Term Care
program. Please note that 2022-23 and 2023-24 amounts are subject to budgetary
approvals and appropriations.
We are pleased to provide you with an electronic version of the transfer payment
agreement that contains the terms and conditions governing the funding referred to in
the Minister's letter.
We appreciate your cooperation with the ministry in managing your funding as
effectively as possible. You are expected to adhere to our reporting requirements,
particularly for in -year service, performance monitoring and financial reporting, which is
expected to be timely and accurate. Based on our monitoring and assessment of your
in -year service and financial reporting, your cash flow may be adjusted appropriately to
match actual services provided.
It is also essential that you manage costs within your approved budget.
Please review the agreement carefully, sign it, and return an electronic version to:
CPLTC@ontario.ca.
...2
349
To help administer the agreement, please provide the following (if not already provided
to the ministry):
1. Staff contact information for the purposes of Community Paramedicine for
Long -Term Care (CPLTC) data collection and reporting. This will be the
individual who will be responsible for reporting and inputting the data
collected by CPLTC practitioners in the field to the province, as required by
Schedule F of the agreement. The province will provide training to this person
on the method and process for reporting data.
2. Proof of insurance as required by Section A10.2 in Schedule A of the
agreement.
When all the parties have signed the agreement, the ministry will return a copy to you
and will begin to flow the funds.
Should you require any further information or clarification, please contact Mike Eby at
michael.eby(o,ontario.ca or at (416) 704-5761.
Sincerely,
Adriana Ibarguchi
Assistant Deputy Minister
Long -Term Care Policy Division
Jeff Butler
Assistant Deputy Minister
Long -Term Care Operations Division
c: Nancy Matthew, Deputy Minister, Ministry of Long -Term Care
Erin Hannah, Associate Deputy Minister, Long -Term Care Policy and Pandemic
Response
Kelci Gershon, Director, Long -Term Care Policy and Modernization Branch
Mike Eby, Manager, Programs Unit, Long -Term Care Policy and Modernization
Branch
Jim Yuill, Director, Financial Management Branch
Malcolm Gilpin, Chief of Paramedic Services
350
CORRESPONDENCE — February 22, 2022
Items for Consideration — (Attached)
Elgin Federation of Agriculture with a letter requesting Elgin County Council
maintain the Farm Class Tax rate at 0.23.
2. Susanne M. Schlotzhauer with a letter outlining concerns regarding the Draft Plan
of Subdivision Application 8341, Sandytown Road, Straffordville ON for the
Municipality of Bayham.
351
February 10, 2022
Warden Mary French
450 Sunset Drive St. Thomas,
ON N5R 5V1
Dear Warden French and Members of Council,
RE: Elgin County Farm Assessments and Tax Burden
On behalf of Elgin Federation of Agriculture (EFA) I wish to follow up on our letter dated January 16, 2020 to the
County of Elgin regarding Farm Assessments and Tax Burden.
Every four years the Municipal Property Assessment Corporation (MPAC) releases property assessment updates
for all properties in Ontario. During the previous assessment cycle, farmers in Elgin county saw farmland taxable
assessments increase by over 68%. This is in addition to very significant increases in the 2012 reassessment cycle.
As a result, the tax burden of farmers in Elgin county has been increasing every year since 2012. The one
exception was in 2019 when Elgin County Council voted to reduce the farm tax ratio from 0.25 to 0.23. 1 want to
thank you and the members of Elgin county council for acting on this important issue. The past three years (2019
— 2021) have been very difficult for Ontario farmers as they navigated new policies, rules, and ways of doing
business never before experienced. The support shown by council is greatly appreciated by farm families in Elgin
county.
As the Premier has directed MPAC not to release the 2016-2020 reassessment notices in 2021 and again for the
2022 Property Tax year, the EFA would ask that you continue to maintain the Farm Class Tax rate at 0.23.
Elgin County farmers suffered through some of the worst storms in memory in 2021 and will be facing substantial
cost increases for everything from Seed to Fertilizer to Fuel in 2022 and years to come. There are a wide range of
factors causing these increases including COVID-19 Health and Safety protocols, supply chain disruptions, and
fast -rising energy costs. We recognize that the general public is also facing these costs of living increases, however
farmers, who are producing food and other goods, will be impacted to a much greater degree.
We welcome the opportunity to speak with any members of county council on this issue and would be happy to
make a delegation to council in March to discuss this important issue.
Sincerely,
wvJld"au/,
Melissa Schneider
President, Elgin Federation of Agriculture
352
St�jsair ir�iu,a:,i M
January 5, 2022
Response to the Municipality of Bayham Draft Plan Approval Conditions
Re: Report DS-02/22 Draft Plan of Subdivision Application 8341 Sandytown
Road, Straffordville, On
On January 6, 2022, Bayham Council will pass a resolution to support the 39-lot
draft plan of subdivision and request the County of Elgin consider the
conditions of Draft Plan Approval outlined in report DS-02/22 (refer to the online
Council Agenda).
While issues from the public comment period were addressed by
correspondence from Wilson Associates dated Nov 29, 2021 and the IBI
memorandum dated Dec 16, 2021 and being brought forward to Council this
Thursday, not all concerns were addressed or included in the conditions of draft
plan approval.
The Sandytown Road proposed plan of subdivision is the first of many potential
proposed plans of subdivision in the partially serviced settlement areas in
Bayham. In 2019, the Municipality undertook a vacant lot inventory to identify
lands with viable development potential within settlement area boundaries.
Within the tier 2 partially serviced settlement areas, over 96 ha of potential
developable land was identified in Straffordville and another 40 ha in Eden,
representing up to 1053 new lots (https://www.bayham.on.ca/pages/
developable -lands -inventory).
While the proposed Sandytown Rd development can be considered "minor
extension and rounding out development" and therefore complies with
Bayham's Official Plan, given the significant development potential in the
partially serviced settlement areas as a whole, and particularly where the only
viable drinking water source is within the upper unconfined overburden aquifer,
we need to be proactive to ensure another Richmond does not happen. The fact
that private wells are not protected under Ontarios drinking water source
protection regulation is a cause for concern when considering plan of
subdivision approvals, particularly when the settlement area development
potential can increase the number of private wells by over 1000. It is in my
opinion, the 1996 MECP D-5-5 guidance generally followed in this application
was not developed with this kind of scenario in mind.
The hydrogeologic report submitted with the application concludes that private
water wells are suitable for the long term and will have no negative impacts. My
primary concern (as outlined in my Nov 18 2021 public comment submission to
Bayham council) relates to water quantity and quality within the context of
development potential for the whole area - holnuch development is enough
with respect to drinking water, now and in the future. As identified in the Elgin
County OP, a settlement area capability study and/or cumulative ground-
water impact assessment should be undertaken to support the application,
assess the appropriate scale of development within the partially serviced
settlement areas and provide the technical foundation upon which individual
plans of subdivision consent will be evaluated, subject to the requirements of
the appropriate agencies. Elgin County could request a settlement capability
study and/or cumulative groundwater impact be completed as a condition of
draft plan approval. The Planning Rationale report submitted with the
application indicates that although the pre -consultation did not set out the
requirement for these studies, "the owner is willing to enter into appropriate
agreements".
We acknowledge the hydrogeologic consultants opinion that because no
communal wells are proposed to service the development, the only currently
available MECP guideline D-5-5 is applicable for this 39-lot privately serviced
development and does not require a broader regional analysis based on the on -
site well testing results and local well survey completed to date (Wilson
Associates correspondence, Nov 29, 2021). The consultant did provide an
updated report from the original submitted in January 2021, but from what I can
see the updated report only included a correction to the number of lots from 37
to 39. Given the complaints regarding existing water quantity issues submitted
by adjacent landowners as part of the public comment period, I was hoping the
update would have included a completed survey of local private drinking water
wells within at least a 500 meter radius of the development site and interviews
with adjacent landowners to assess current conditions and the need for further
testing/analysis, including seasonal and cumulative groundwater impact
assessment. Perhaps a local well survey could be requested as a condition of
draft plan approval.
Municipalities should recognize that the responsibility to give planning approval
to developments imparts to municipalities an obligation to ensure that planning
decisions represent viable development for the long-term such that residents
can rely on access to sewage and water services that protect the environment
and public health. Without regional groundwater studies in the context of
existing and planned growth, I wonder how the Municipality can determine an
appropriate scale of development to ensure no interference with existing water
users or negative impacts to the long-term potable water supply. As such, I
believe the Sandytown Rd plan of subdivision should not be approved in
isolation of the regional context, given the growth potential planned by the
Municipality for the partially serviced lots within the defined settlement areas,
namely in Straffordville and Eden. This approval process will set precedence for
future development. Approving plans of subdivision on an application by
application basis in isolation of the area as a v3561le is risky.
Having said that, I am please to see the IBI group, the municipalities planning
consultants, recognizes the need for an outside peer review and have
recommended the Wilson Associates hydrogeologic assessment submitted with
the application be peer reviewed as a condition of Draft Plan of Subdivision.
However, I have concerns the language stipulated in the condition may limit the
reviewers scope of work: "The peer review of the Hydrogeologic Assessment is
completed confirming adequacy of the proposed private onsite water services,
to the satisfaction of the appropriate approval authority." Perhaps more clarity
can be provided.
Report D-5-3 Servicing Options Statement (MECP, July 2021) is a guide for
land use planning authorities on how to assess what type of drinking water
systems and sewage systems are right for new development. The MECP
stipulates "the planning authority should not recommend approval for site -
specific planning applications ... unless a servicing option statement has been
completed". I have not seen a servicing option statement included as part of
this application that clearly demonstrates that the potential for servicing the
development on communal water services (private or municipal) has been
investigated.
According to the MECP, a servicing options statement should be prepared and/
or endorsed by the municipality and submitted with the planning application by
the developer in consultation with the municipality. The servicing options
statement should address the following matters as directly quoted from the
MECP 2021 guidelines:
• an evaluation of proximity of existing or committed full municipal services
or communal services and the ultimate potential for future connection to
full municipal services or communal services for the whole area proposed
for development,
• where a development application is known or anticipated as being
one of a number of proposals for the same development area, the
evaluation of servicing options should not be isolated to the site -
specific proposal, but should be completed within the context of the
development potential for the whole area as determined through
consultation with the municipality and based on proposed or existing
municipal servicing plans and growth management objectives;
• an overview of the environmental suitability of the site for the proposed
services based on information accessible at a municipal scale that can be
applied to the proposed site proposal and generally addresses:
o environmental constraints (e.g., environmental features, surface
water, groundwater);
o suitability of the terrain (e.g., soils Sgpography) of the site;
o performance of services in similar developments in the surrounding
area; and
o the scale (total areal extent), density, and type of use proposed for
the development,
• evaluation of the relative potential and merit of each of the servicing
options to serve the proposed development, and
• documentation of the decision -making process and rationale that led to
the determination of the servicing option proposed for the development.
Source: https://www.ontario.ca/page/d-5-3-servicing-options-statement
In summary, the Sandytown Rd plan of subdivision application should not be
considered in isolation of the broader area and studies should be completed in
support of the development application to ensure the viability of long-term
potable drinking water supply for both existing and future residents in the area.
Following guidance from both the MECP and Elgin County OP policies,
supporting studies should be required as a condition of draft plan approval,
including a servicing option statement, settlement capability study and/or a
cumulative groundwater impact assessment, and local water well survey as
described above. Based on the Planning Rationale report submitted with the
application, it appears the owner is willing to enter into appropriate agreements.
Respectfully Submitted,
Susanne M Schlotzhauer, M.E.S.
356
CORRESPONDENCE — February 22, 2022
Items for Information — (Attached)
The Municipality of Central Elgin with a letter to the Premier of Ontario reaffirming
concerns about joint and several liability.
2. Women's Institute (WI) Press Release: Women's Organization Celebrates 125
Years of Supporting and Inspiring Women.
3. Betsy McClure, Program Coordinator with the Elgin Clean Water Program 2021
Annual Report.
4. Oxford County with a resolution supporting equitable representation on the
Thames Valley District School Board of Trustees that balances the rural interests
within the geography of Thames Valley.
5. Jeff Yurek, MPP Elgin -Middlesex -London with a letter congratulating Warden
French on the County's third funding installment of the Municipal Modernization
Program.
357
January 2S,20J2
The Honourable Doug Ford
Premier ofOntario
Legislative Building, Queen's Park
Toronto, ON
M7AlA1
RE: Joint & Several Liabilit
Dear Premier Ford:
At its Regular Meeting held onJanuary 24, 2022 Central Elgin Council passed the following resolution
respecting the above noted matter:
THAT the Municipality of Central Elgin reaffirms its concern about joint and several liability and again
requests a review of the law to ensure a fair and reasonable way to compensate those who have suffered
losses while preventing further reductions in public services due to the high insurance costs associated with
joint and several liability.
AND THAT this resolution be forwarded to AMO and all other municipalities in Ontario.
The Municipality ofCentral Elgin, along with other municipalities and the Association of Municipalities of
Ontario (AMO), has advocated for a fair, reasonable, and responsible manner to ensure that those who have
suffered losses are compensated without putting the burden solely on municipalities.
We understand that this matter is under review at Queen's Park but continue to have concerns about the
inequity of the current system. We look forward to any updates you can provide on this issue.
Sincerel
2 a
ally Marty,�(
c.o. AMO
Ontario Municipalities
Press Release
Women's Organization Celebrates 125 Years of Supporting and Inspiring Women
One of the longest standing sisterhoods in the world, founded in Ontario and now worldwide, is celebrating a
major milestone. From the first meeting in Stoney Creek, Ontario on February 19, 1897 to today's global
network of branches, Women's Institute (WI) has continued to provide a social connection, education source,
and community service opportunity for women. Since founding, the mission and vision of the organization
rapidly spread, as women everywhere embraced the movement for a better future for their family, their
communities, and themselves. Now, in the era of social media and particularly during the pandemic, women
are feeling isolated in a different way. WI answers this need.
Over the years, the WI has been at the forefront of multiple causes. The original goal of WI was to teach
women how to keep their families healthy and well fed. Naturally, these educational gatherings also offered a
much -needed social connection. By hosting community dances and card parties, they began to raise money
and support community work, then later the war effort. Most recently, WI has embarked on education
campaigns around such topics as gender, Indigeneity, and Black history, and have undertaken campaigns to
eradicate Lyme Disease and advocate for victims of human trafficking. Wls are members of the Associated
Country Women of the World (ACWW), which holds consultative status with the United Nations Economic and
Social Council.
Local branches meet monthly, often with a guest speaker or group activity. Meetings include social time and a
short business session to plan ongoing community involvement, support, and advocacy. Women are looking
for a break! The regular meeting is time they can take for themselves to connect with friends and get to know
new people. Women of every age and stage gather to support each other and their communities.
New branches are being formed by women who are interested in supporting and inspiring other women in
their communities. Online options also are happening. If you'd like to start or find a branch near you, please
go to fwio.on.ca or contact your local WI Branch:
Crinan-Jacqueline (jjleitch@explornet.ca)
Middlemarch-Donna (rdlord74@gmail.com)
Wallacetown—Kathy (kathyminnema@gmail.com)
Yarmouth Glen —Joan (joaniackaman2@gmail.com)
February 9, 2022
359
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WAFER,
R,
February 14, 2022
Warden Mary French and Members of County Council
450 Sunset Drive
St. Thomas, ON
N5R 5V1
Dear Warden French and Members of County Council:
The Elgin Clean Water Program is celebrating 10 years of success with 264 projects completed, over
$725,000 in program funding provided to projects and total project costs exceeding $3 million. Thank you
for your continued support of the Program.
Attached you will find the 2021 Annual Report summarizing the successes of the Elgin Clean Water Program
over the past year.
A few highlights:
• 29 projects completed
• $84,507 in ECWP funding provided to projects
• $357,238 in total project costs
• $223,563 in matching funding
• $49,168 in landowner contributions
The Elgin Clean Water Program directly supports Elgin County landowners in improving water quality and
wildlife habitat conditions on their properties — benefiting the local environment and helping to ensure
there is swimmable, drinkable and fishable water and improved aesthetics across the County. Landowners
expressed their gratitude for the funding provided by the program with testimonials such as, "The Elgin
Clean Water program fills a strong need by assisting in the development and creation of environmental
stewardship projects that are of interest to the agricultural community as we focus on land preservation."
If you have any questions about the annual report or the Elgin Clean Water Program, please do not hesitate
to contact me at betsy@kettlecreekconservation.on.ca or 519-631-1270 x229.
Sincerely,
m..
Betsy McClure
Program Coordinator
A partnership of:
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PROGRAM BACKGROUND
The Elgin Clean Water Program (ECWP) was initiated in 2012 as a collaboration between the four conservation
authorities (CAs) within Elgin County: Catfish Creek CA, Kettle Creek CA, Long Point Region CA and Lower Thames Valley
CA. The ECWP provides the necessary technical expertise and financial incentives for landowners that are interested in
implementing environmental projects.
A Review Committee oversees the program and reviews and approves projects. The Review Committee is comprised of
representatives from the County of Elgin, the Elgin Soil and Crop Improvement Association, the Elgin Federation of
Agriculture and a landowner from Elgin County.
The following project categories are funded by the Elgin Clean Water Program:
• Well Management • Wetland/Riparian Protection/Restoration
• Erosion Control Structures • Livestock Management
• Clean Water Diversion • Other Projects
In addition, a Cover Crop Incentive Program was established in 2017 which provides an incentive for farmers to plant
cover crops on their farm in an effort to provide erosion control on agricultural fields over the winter months.
CELEBRATING 1.0 YEARS OF SUCCESS
To date, 264 projects have been completed across Elgin County since the program began in 2012. Total project costs
have exceeded $3,105,000. The ECWP has contributed $725,296 in grants to landowners to undertake projects. CA
staff have assisted landowners in leveraging the ECWP funding to obtain $1,377,495 in matching funds and landowners
have contributed $1,002,967 of their own funds, labour and equipment.
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362
2021 PROGRAM U m R
In 2021, 29 projects were completed, totalling
$84,507.49 in ECWP grants.
The breakdown of completed projects was as follows:
• 6 Erosion Control
• 14 Wetland Creation
• 5 Tallgrass Prairie Planting
• 4 Cover Crop
SAMPLE PROJECTS
Again in 2021, wetland creation was the most funded project by the Elgin Clean Water Program with 14 wetland
projects completed.
One acre of cattle pasture was retired and a 0.75
acre wetland created to help reduce erosion in the
Talbot Creek subwatershed.
Two wetland cells were created in this unused
scrubland area of a farm to increase wildlife habitat
and to collect overland flow from neighbouring fields.
A 2 acre wetland was created to create habitat and
help reduce erosion across the hilly terrain of this
property.
A 0.5 acre wetland was created in a wet area of an
agricultural field adjacent to a woodlot containing a
36Trovincially significant wetland feature.
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Three acres of tallgrass prairie was planted in a fallow field along the Lake Erie shoreline. The landowner was interested
in diversifying habitat on the property and wanted to attract pollinators and Monarchs along a major migration route.
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This landowner was experiencing erosion that was progressively moving towards the field edge. The project
consisted of the construction of a series of rock chute spillways designed to slow down and control the direction of
surface water runoff. Sediment control basins/vernal pools were created in between the rock chute spillways to
remove sediment from surface waters, while providing wildlife habitat.
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A 150 metre section of streambank was regraded and stabilized with rip -rap rock. The bank was then vegetated with
native tree and shrub species with support from Environmental Leadership Program students at East Elgin Secondary
School
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"The ECWP fills a strong need by assisting in the
development and creation of environmental
stewardship projects that are of interest to the
agricultural community as we focus on land
preservation."
"I have recommended this program to other
landowners, including a friend who applied and has had
a very successful BMP project installed and has been
very satisfied with both the support she received and
the beneficial results of the projects."
"I look forward to growing more cover crops in 2022
and exploring new ways to integrate green cover to my
cropping rotation and I hope that the Elgin Clean Water
Program will continue to provide guidance and
assistance to farmers interested in undertaking similar
practices."
"I have experienced many benefits - significantly
improved habitat, from insects/pollinators, to song
birds, raptors and mammals of all types, from voles and
deer to coyotes. The property is in much better
balance."
"Without funding support from ECWP, I likely would not
have been able to address this BMP project."
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Municipal Council of the County of Oxford
Council Meeting - Oxford County
Date: Wednesday, February 9, 2022
Moved By: Marcus Ryan
Seconded By: Mark Peterson
Whereas in 1998 the Thames Valley District School Board (TVDSB) was formed, through the amalgamation of
the former Middlesex County Board of Education, Oxford County Board of Education, Elgin County Board of
Education and the City of London Board of Education;
And Whereas upon amalgamation, the TVDSB Trustee distribution consisted of two Trustees elected in each the
Counties of Middlesex, Elgin, and Oxford for a total of six Trustees and six Trustees elected in the City of
London;
And Whereas the TVDSB electoral group population has remained consistent since amalgamation between
400,000 and 999,999 as such TVDSB qualifies for a total of 12 Trustees for the TVDSB geography, and one
Indigenous Trustee appointed per Ontario Regulation 462/97;
And Whereas the number of elected Trustees and the distribution within a Board's jurisdiction is governed by
Ontario Regulation 412/00, the Regulation (the Act) requires a School Board to pass a resolution by March 31st
of an election year, either designating one or more municipalities as a low population or declaring that no such
designation will be made;
And Whereas the electoral quotient (2018) for Middlesex County meets the requirements for Middlesex County
to be designated a low population municipality;
And Whereas by Board resolution, Middlesex County has historically been designated low population, thus
allotted two Trustee representatives;
And Whereas as contained within the Act, the Board shall have regard based on the principles of: municipalities
with low population shall receive reasonable representation; evidence of historical, traditional or geographic
communities should be taken into account;
Therefore be it resolved that Middlesex County is deemed by Board resolution the designation as a low
population municipality for the purpose of Trustee Distribution;
Therefore be it Resolved that Oxford County support the TVDSB Trustee Distribution of:
2 Trustees representing Middlesex County
2 Trustees representing Oxford County
2 Trustees representing Elgin County
6 Trustees representing the City of London
Indigenous Trustee appointed per Ontario Regulation 462/97 and;
Therefore be it Resolved that Oxford County supports equitable representation that balances the rural interests
within the geography of Thames Valley, and the Resolution be forwarded to the Oxford, Elgin, and Middlesex
Councils, the Minister of Education, TVDSB Board, Minister of Municipal Affairs and Housing, and all Oxford,
Elgin, and Middlesex MPPs.
Motion Carried (21t42 J�u�e2
366 Resolution No. 12
Constituency Office:
750Talbot St. Suite c0.West Wing
St. Thomas, ON, N5P1E2
To|:n19-631'086
kcn1y'na1-9478
Warden Mary French
County ofElgin
450Sunset Dr
5t. Thomas, ON
N5R5Vl
January 31'3OI2
Dear Warden French,
I am writing to express my sincere congratulations regarding your third funding instalment of
the Municipal Modernization Program, as recently communicated by the Ministry of Municipal
Affairs and Housing. |annvery proud ofthe work being done atthe County toimprove
efficiency and modernize service delivery and send my best wishes for a successful year ahead.
Sincerely,
Elgin-Middlesex-LOnclOn
367
CLOSED MEETING AGENDA
February 22, 2022
Staff Reports:
1) Senior Counsel — Municipal Act Section 239 (2) (f) advice that is subject to
solicitor -client privilege, including communications necessary for that purpose, (k) a
position, plan, procedure, criteria or instruction to be applied to any negotiations
carried on or to be carried on by or on behalf of the municipality or local board —
Telecommunications
2) Chief Administrative Officer — Municipal Act Section 239 (2) (b) personal matters
about an identifiable individual, including municipal or local board employees —
Organizational Update (WALK-ON)
368
REPORT TO COUNTY COUNCIL
FROM:
^"'^"�1tititi1111�����IIIIIlOUuuou��
Elgin
Prug'resshn�,� by Nature
DATE:
Nicholas Loeb, Senior Counsel
Brian Lima, General Manager
Engineering, Planning, and Enterprise
(EPE)/ Deputy CAO
February 15, 2022
SUBJECT: Elgin (County) / Rogers -
Telecommunications Equipment
Consent and Road User Agreement
RECOMMENDATIONS:
It is recommended that:
The within Report to Council, dated February 15, 2022, and entitled "Elgin
(County) / Rogers — Telecommunications Equipment Consent and Road User
Agreement" be received and filed;
2. County Council approve and authorize the Warden and Chief Administrative
Officer to execute a proposed Telecommunication Equipment Consent and Road
User Agreement as between Elgin (County) and Rogers Telecommunications
Inc. in the form and of the content attached.
INTRODUCTION:
The purpose of this Report to Council is to seek approval and authorization for
execution of a proposed Telecommunication Equipment Consent and Road User
Agreement ("Telecommunication Agreement") between Elgin (County) and Rogers
Telecommunications Inc..
BACKGROUND AND DISCUSSION:
Rogers Communications Canada Inc. is a national telecommunication distributor /
provider proposing to extend fiber-optic installations, in part located within County Road
Allowances, to establish and/or improve telecommunication services within unserved or
poorly serviced areas in Elgin County.
On May 25, 2021, County Council approved and authorized administered use of a
Telecommunications Agreement in respect of all future proposed fiber-optic installation
projects.
369
2
Rogers Communications Canada Inc. ("Rogers") did not find the terms and conditions of
the approved May 25, 2021 Telecommunications Agreement acceptable to it and
communicated their objections to County staff. County staff undertook negotiations with
Rogers and attached to this Report as Appendix `A' is a proposed Telecommunications
Agreement that Rogers indicates it finds acceptable.
In comparing the May 25, 2021 Telecommunications Agreement to Appendix `A',
changes are made with regard to certain fee structures, definitions, default and remedy
provisions and responsibility for relocation costs.
The proposed Agreement will apply to all future Rogers infrastructure installed within the
County Road Allowances for the duration of the term of the Agreement.
FINANCIAL IMPLICATIONS:
As between Elgin and Rogers, the Telecommunication Agreement establishes the
framework for completion of installation projects in County Road Allowances, including
financial arrangements and more specifically including fee and permit structures and
blanket performance security, the latter to generally address costs of completion and/or
restoration should project works not be completed by Rogers.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
® Exploring different ways
of addressing community
need.
® Engaging with our
community and other
stakeholders.
Additional Comments: None
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential, and
agricultural growth.
❑ Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
�m
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
❑ Delivering mandated
programs and services
efficiently and effectively.
370
3
COMMUNICATION REQUIREMENTS:
�m
CONCLUSION:
Staff presents a proposed Telecommunication Agreement with Rogers Communications
Canada Inc.. This proposed Telecommunication Agreement varies from the format
approved by Council on May 25, 2021 as described in this Report.
All of which is Respectfully Submitted Approved for Submission
Prepared By:
Nicholas Loeb,
Senior Counsel
Reviewed By:
Brian Lima, General Manager
Engineering, Planning, and Enterprise
(EPE)/ Deputy CAO
Julie Gonyou
Chief Administrative Officer
371
APPENDIX 'A'
TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD
USER AGREEMENT
This Agreement made effective the
"Effective Date" ).
BETWEEN:
WHEREAS:
day of , 2022 (the
CORPORATION OF THE COUNTY OF ELGIN
(hereafter the "County")
OF THE FIRST PART
- and —
ROGERS
COMMUNICATIONS
CANADA INC.
(hereafter the "Company") OF THE SECOND PART
A. The Company is a "Canadian carrier" as defined in the Telecommunications Act, S.C.
1993, c.38 ("Telecom Act") or "distribution undertaking" as defined in the
Broadcasting Act., S.C. 1991, c.I I (collectively, a "Carrier") and is subject to the
jurisdiction of the Canadian Radio -television and Telecommunications Commission
(the "CRTC");
B. In order to operate as a Carrier, the Company requires to construct, maintain and operate
its Equipment in, on, over, under, across or along ("Within") the highways, streets,
road allowances, lanes, bridges or viaducts which are under the jurisdiction of the
County (collectively, the "Rights -of -Way" or "ROWs");
C. Pursuant to section 43 of the Telecom Act, the Company requires the County's consent
to construct its Equipment Within the ROWs and the County is willing to grant the
Company a non-exclusive right to construct within the ROWs provided that it shall not
unduly interfere with the public use and enjoyment of the ROW or other public place,
including any rights or privileges previously conferred or conferred after the Effective
date by the County on Third Parties to use or access the ROWs; and
D. The Parties have agreed that it would be mutually beneficial to outline the terms and
conditions pursuant under which the County hereby provides its consent;
NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein, the Parties agree and covenant with each other as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. In this Agreement, the following words and phrases shall have the following
meanings:
(a) "Affiliate" means "affiliate" as defined in the Canada Business Corporations Act;
(b) "Anti -Bribery Law" means any anti -bribery law or international convention, as
may apply now or in the future, including the Canadian Corruption of Foreign
Public Officials Act, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act
and the OECD Convention on Combating Bribery of Foreign Public Officials;
(c) "County Engineer" means the County's reviewing authority or the individual
designated by him or her;
372
2
(d) "CRTC" means the Canadian Radio -television and Telecommunications
Commission.
(e) "Emergency" means an unforeseen situation where immediate action must be
taken to preserve the environment, public health, safety or an essential service of
either of the Parties;
(1} "Equipment" means the transmission and distribution facilities owned by the
Company and/or its Affiliates, comprising fibre optic, coaxial or other nature or
form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary
structures and equipment located Within the ROWs;
(g) "Hazardous Substance" means any harmful substance including, without
limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous
substances, dangerous goods and toxic substances, as defined, judicially interpreted
or identified in any applicable law (including the common law);
(h) "Municipal Consent" or "MU means the written consent of the County, with or
without conditions, to allow the Company to perform Work Within the ROWs that
requires the excavation or breaking up of the ROWs (as more particularly described
in Schedule `B" to this Agreement);
"Non -Compliant Equipment" means:
(i) For all Equipment installed on or after the Effective Date, Equipment that
is not compliant with the alignment approved by the County because the
placement of the Equipment is greater than a distance of I horizontally or
vertically from the location approved by the County, and, the placement of
such Equipment has a material impact on the County's ability to manage or
use its ROWs; or,
(ii) Equipment installed prior to the Effective Date of this Agreement is
assumed to be compliant. However, Equipment installed prior to the
Effective Date may be deemed Non -Compliant by the County if unapproved
deviations from the approved alignment have a material impact on the
County's ability to manage or use its ROWs; or,
(iii) Equipment that is not compliant with other requirements of this Agreement.
"Permit" means a Municipal Consent or a Road Permit or both;
(k) "Relocation Notice" means a written notice given by the County to the Company
identifying the specific location and reason for the relocation and directing the
Company to relocate the Equipment designated in the notice to another reasonable
location in the ROW(s).
(� "Road Permit" means a Permit issued by the County that, generally, is required to
authorize the Company to conduct Work that includes any activity that involves a
deployment of its workforce, vehicles and other equipment in the ROWs which may
interfere with the public use and enjoyment of the ROW for the duration of the Work
when performing the Work.(as more particularly described in Schedule "B" to this
Agreement);
(m) "Service Drop" means a cable that, by its design, capacity and relationship to other
fibre optic cables of the Company can be reasonably considered to be for the sole
purpose of connecting backbone of the Equipment to not more than one individual
customer or building point of presence;
(n) "Term" means subject to the renewal options described in subparagraph 9.1(a) and
termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this
Agreement as commencing on, day of , 2022 and expiring and
terminating on, day of , 2027.
(o) "Third Party" means any person that is not a party to this Agreement nor an
Affiliate of either Party, and includes any person that attaches its facilities in, on or
to the Equipment under an agreement with the Company;
(p) "Work" means, but is not limited to, any installation, removal, construction,
Initials
373
maintenance, repair, replacement, relocation, removal, operation, adjustment or
other alteration of the Equipment performed by the Company Within the ROWs,
including the excavation, repair and restoration of the ROWs.
1.2 Legislation. All references to statutes in this Agreement shall include amendments thereto,
regulations thereof, and successor legislation thereafter.
1.3 Recitals, Schedules and Incorporated Documents. The beginning part of this Agreement
entitled "Recitals", Schedule `A" as identified below, and the By-laws and Municipal
Policies referred to in this Agreement are hereby incorporated by reference into this
Agreement and form part thereof:
Schedule "A" — Permit Fees
Schedule `B" —Permits required by the County
2. USE OF ROWs
2.1 Consent to use ROWs. The County hereby consents to the Company's use of the ROWs
for the purpose of performing its Work, subject to the terms and conditions of this
Agreement and in accordance with all applicable laws or other municipal by-laws, rules,
policies, standards and guidelines ("Municipal Guidelines") pertaining to the Equipment
and the use of the ROWs; to the extent, however, that any municipal laws and the Municipal
Guidelines are not inconsistent or in conflict with this Agreement or with applicable federal
laws.
2.2 Restrictions on use. The Company shall not, in the exercise of its rights under this
Agreement, unduly interfere with municipal operations, equipment or installations andthe
public use and enjoyment of the ROWs, nor any rights or privileges previously conferred
or conferred after the Effective Date by the County on Third Parties to use or access the
ROWS
2.3 Equipment acquired by the Company. The Parties agree that, where the Company
acquires, or has acquired, directly or indirectly, facilities from a Third Party that are located
Within the ROWs (the "New Equipment"), then, effective the day of the acquisition of
the New Equipment by the Company:
(a) the New Equipment shall form part of the Equipment and shall be governed by the
terms and conditions of this Agreement; and
(b) where that Third Party is a Party to a valid and existing Road User Agreement with
the County (the "RUA") and the Company, directly or indirectly, acquires the rights
and obligations under the said RUA, the RUA shall be terminated.
2.4 No ownership rights. The Parties acknowledge and agree that:
(a) the use of the ROWs under this Agreement shall not create nor vest in the Company
any ownership or property rights in the ROWs; and
(b) the placement of the Equipment Within the ROWs shall not create or vest in the
County any ownership or property rights to the Equipment.
2.5 Condition of ROWs. The County makes no representations or warranties as to the state of
repair of the ROWs or the suitability or fitness of the ROWs for any business, activity or
purpose whatsoever, and the Company hereby agrees to accept the ROWs on an "as is"
basis.
2.6 Non -Compliant Equipment. The County bears no liability or responsibility for relocation
costs of all of the following:
(a) Non -Compliant Equipment;
(b) Third Party telecommunications equipment attached to the Company's Non -
Initials
374
4
Compliant Equipment; and
(c) any damages, liabilities, re -design costs and associated delay costs incurred by
other occupiers of a County ROW resulting from the Company's Non -Compliant
Equipment.
If the County identifies the existence of Non -Compliant Equipment, the County will issue
a Notice of Non -Compliance to the Company. If the County requires the Non -Compliant
Equipment to be relocated, the County will send a Relocation Notice to the Company
requesting relocation of the Non -Compliant Equipment and the Company must relocate
the Equipment as follows:
(i) above ground Equipment must be relocated within 90 days of the Company
receiving a Relocation Notice from the County;
(ii) below ground Equipment must be relocated within 180 days of the Company
receiving a Relocation Notice from the County, such Relocation Notice to be issued
by the County only in the event the County approves plans to re -open the site where
the Non -Compliant Equipment is located;
Prior to removal or relocation of Non -Compliant Equipment, the Company must obtain a
new alignment approval from the County.
If the Company fails to remove or relocate Non -Compliant Equipment as a result of
receiving a Relocation Notice from the County, the County may, in its sole and unfettered
discretion, complete the removal or relocation and any associated restoration and the
Company must pay to the County all reasonable and verifiable costs related to the
relocation and restoration.
3. APPLICABLE PERMITS
3.1 Permits.
(a) Subject to Section 3.2 and 3.4, the Company shall not occupy, excavate, break up,
disturb, or move oversized or overweight vehicles within a County ROW, where a
Permit is required in accordance with this Agreement and Schedule `B", without
first obtaining such Permit.
(b) For each Permit required above, where applicable, the Company shall submit to the
County a completed application, in a form specified by the County and including
all Fees in effect throughout the Term as set out in Schedule "A " to this Agreement
as well as any Security required under this Agreement.
3.2 No Permits for routine Work. Notwithstanding Section 3.1, the Company may, with
advance notice as required by the County, without first obtaining a Permit:
(a) utilize existing ducts or similar structures of the Equipment with at least twenty-
four (24) hours advance notice to the County;
(b) carry out routine maintenance and field testing to its Equipment; and
(c) install and repair Service Drops;
provided that in no case shall the Company break up or otherwise disturb the physical hard
surface of the ROW without the County's prior written consent.
3.3 Expiry of Permit. In the event that the Company has not commenced construction of the
approved Work associated with a particular Permit within one (1) year of the date of
issuance of the Permit and has not sought and received an extension to the Permit from the
County, which extension shall not be unreasonably withheld, the Permit shall be null and
void. In such circumstances, any fees paid by the Company in respect of the expired Permit
shall not be refunded and the Company must obtain a new Permit for the Work.
3.4 Submission of plans. Unless otherwise agreed to by the County, the Company shall, prior
to undertaking any Work that requires a Municipal Consent, submit the following to the
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County Engineer:
(a) construction plans of the proposed Work, showing the locations of the proposed
and existing Equipment and other facilities, and specifying the boundaries of the
area within the County within which the Work is proposed to take place;
(b) Traffic control plans for the protection of the workers, public and traveling public
including detours as required to minimize traffic disruption; and
(c) all other relevant plans, drawings and other information as may be normally
required by the County Engineer from time to time for the purposes of issuing
Permits.
3.5 Refusal to issue Permits. The County may refuse to issue a Permit in accordance with
Section 3.1 for any bona fide municipal purpose, including but not limited to reasons of
public safety and health, conflicts with existing infrastructure, proposed road construction,
or the proper functioning of public services, all as identified in writing by the County,
having regard to the public interest in having access to communications, including 911
access services. The County shall make good faith effort to provide consent to alternative
suggestions, wherever possible, for routing the Equipment Within the ROW to assist the
Company in its efforts to facilitate the installation of its Equipment.
3.6 Restoration of the Company's service during Emergencies. Notwithstanding Section
3.1, in the event of an Emergency, the Company shall be permitted to perform such
remedial Work as is reasonably necessary to restore its services without complying with
Section 3.1; provided that such Work does not unduly disrupt any Municipal service or
activity and provided that the Company does comply with Section 3.1 within five (5)
business days of completing the Work.
3.7 Temporary changes by County. Notwithstanding any other provision in this Agreement,
the County reserves the right to set, adjust or change the approved schedule of Work by the
Company for the purpose of coordinating or managing any major events or activities,
including the restriction of any Work during those restricted time periods; provided
however, that any such adjustment or change shall be conducted so as minimize
interruption to the Company's operations. The County shall use its commercially
reasonable efforts to provide to the Company forty-eight (48) hours advance written notice
of any change to the approved schedule of Work, except that, in the case of any Emergency,
the County shall provide such advance notice as is reasonably possible in the
circumstances.
3.8 Granting of Permit Deemed as Municipal Consent Required Pursuant to the
Telecommunications Act (Canada). The County agrees and acknowledges that, subject
to satisfaction and performance of all terms and conditions both hereto and provided herein
and the granting and issuance of any Roads Permit authorizing installation of Equipment
as contemplated by this Agreement and in relation to a location specified therein shall be
considered and deemed to represent municipal consent to such installation and use thereof
as is required pursuant to applicable laws of the Dominion of Canada, including but not
limited to the Telecommunications Act, S.C. 1993, c. 38, as amended.
4. MANNER OF WORK
4.1 Compliance with Applicable Laws, etc. All Work shall be conducted and completed to
the satisfaction of the County and in accordance with:
(a) the applicable laws (and, in particular, all laws and codes relating to occupational
health and safety);
(b) the Municipal Guidelines;
(c) this Agreement; and
(d) the applicable Permits issued under Section 3.1.
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provided that the applicable laws, Municipal Guidelines, this Agreement, and applicable
Permits do not conflict with federal law.
4.2 Underground Equipment. The Company shall place those portions of the Equipment that
cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in
concrete, or as otherwise specified by the County. Service drops are not required to be in
ducts.
4.3 Installation. The Company shall utilize construction methods that minimize the impact on
the ROWs, including but not limited to trenchless installation technology and single trench
installation methods.
4.4 Stoppage of Work. The County may order the stoppage of the Work for any bona fide
municipal purpose or cause relating to public health and safety, special events or any
circumstances beyond its control. In such circumstances, the County shall provide the
Company with a verbal order and reasons to stop the Work and the Company shall cease
the Work immediately. Within two (2) business days of the verbal order, the County shall
provide the Company with a written stop work order with reasons. When the reasons for
the Work stoppage have been resolved, the County shall advise the Company immediately
that it can commence the Work.
4.5 Coordination of Work. To minimize the necessity for road cuts, construction and the
placement of new Equipment Within the ROW, the Company shall, where commercially
reasonable and technically practicable, coordinate its work with other existing and new
occupants of the ROW.
4.6 Identification of contractors. The Company shall ensure that all of its contractors have
proper identification visible on the Work site displaying the name of the Company for
which they work.
4.7 Emergency contact personnel. The Company and the County shall provide to each other
a list of twenty-four (24) hour emergency contact personnel available at all times and shall
ensure that the list is kept current.
4.8 Emergency work by County. In the event of an Emergency, the County may take such
measures it deems necessary to re-establish a safe environment, and the Company shall
pay the County's reasonable and verifiable costs that are directly attributable to the Work or the
presence of the Equipment in the ROWs.
4.9 "As -built" drawings. The Company shall, no later than ninety (90) days after completion
of any Work, provide the County Engineer with accurate "as -built" drawings, prepared in
accordance with such standards as may be required by the County Engineer, sufficient, for
planning purposes, to accurately establish the location of the Equipment installed Within
the ROWs. As -built drawings to be provided in electronic format suitable to be
incorporated into the County's GIS mapping. As -built information is provided a reference
only. The County shall direct all inquiries regarding the location of the Equipment to the
Company. Access to Company As -Built records are for use by the County only and shall
not be distributed or disclosed to other parties without prior written consent of the
Company. If the County has not received the As -built drawings from the Company within
90 calendar days following the completion of the Work, the Equipment will be considered
to be Non -Compliant Equipment.
4.10 Agents and Sub -contractors. Each Party agrees to work with the other Party directly to
resolve any issues arising from any the acts, omissions or performance of its agents and
sub -contractors.
5. REMEDIAL WORK
5.1 General. Following the completion of any Work, the Company shall leave the ROW in a
neat, clean, and safe condition and free from nuisance, all to the satisfaction of the County.
Subject to Section 5.5, where the Company is required to break or disturb the surface of a
ROW to perform its Work, it shall repair and restore the disturbed surface of the ROW to
the same or better condition it was in before the Work was undertaken, all in accordance
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with the Municipal Guidelines and to the satisfaction of the County.
5.2 Permanent Road Restoration. If the Company has excavated, broken up or otherwise
disturbed the surface of a ROW, the Company shall restore the ROW which the Company
has excavated, broken up or otherwise disturbed to a similar state that it was in prior to the
commencement of the Work.
5.3 Temporary repair. Where weather limitations or other external conditions beyond the
control of the Company do not permit it to complete a final repair to the ROW within the
expected period of time, the Company may complete a temporary repair to the ROW;
provided that, subject to Section 5.5, the Company replaces the temporary repair with a
final repair within a reasonable period of time. All repairs to the ROW by the Company
shall be performed in accordance with the Municipal Guidelines and to the satisfaction of
the County.
If a temporary repair gives rise to an unsafe condition, then this shall be deemed to
constitute an Emergency and the provisions of Section 4.8 shall apply.
5.4 Warranty of repairs. The Company warrants its temporary repair, to the satisfaction of
the County until such time as the final repair is completed by the Company, or, where the
County is performing the final repair, for a period of one (1) years or until such time as the
final repair is completed by the County, whichever is earlier. The Company shall warrant
its final repairs for a period of two (2) years from the date of their completion
5.5 Repairs completed by County. Where:
(a) the Company fails to complete a temporary repair to the satisfaction of the County
within seventy-two (72) hours of being notified in writing by the County, or such
other period as may be agreed to by the Parties; or
(b) the Company and the County agree that the County should perform the repair,
then the County may effect such work necessary to perform the repair and the Company
shall pay the County's reasonable and verifiable direct costs of performing the repair.
6. LOCATING FACILITIES IN ROWs
6.1. Locates. The Company agrees that, throughout the Term it shall, at its own cost, record
and maintain adequate records of the locations of its Equipment. Each Party shall, at its
own cost and at the request of the other Party (or its contractors or authorized agents),
physically locate its respective facilities by marking the ROW using paint, staking or other
suitable identification method ("Locates"), under the following circumstances:
(a) in the event of an Emergency, within two hours of receiving the request or as soon
as practicably possible, following which the requesting Parry will ensure that it has
a representative on site (or alternatively, provide a contact number for its
representative) to ensure that the area for the Locates is properly identified; and
(b) in all other circumstances, within a time reasonably agreed upon by the Parties.
6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) days to any
request from the other Party for a mark-up of municipal infrastructure or Equipment design
drawings showing the location of any portion of the municipal infrastructure or Equipment,
as the case may be, located within the portion of the ROWs shown on the plans (the "Mark-
ups"), and shall provide such accurate and detailed information as may be reasonably
required by the requesting Party.
6.3. Inaccurate Locates. Where the Company's Locates are found to be in error, where the
actual location of the Equipment is found to be beyond 1 meter horizontally on either side
of the Locates, and, as a result, the County is unable to install its facilities Within the
affected ROWs in the manner it expected based on the Locates provided by the Company
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(the "Error"), the County will notify the Company of the Error, following which the
Company shall attempt to resolve the Error. If the Company is unable to resolve the Error
in a reasonable time commensurate with the situation, the Company will pay the County
for its reasonable and verifiable costs incurred as a direct result of the Error. An Inaccurate
Locate resulting from Equipment relocated due to ground movement stemming from,
among other things, weather conditions or work or activities carried out by a Third Parry,
or by, or on behalf of, the County, is not an Error. In the event of a disagreement as to the
existence of an Error, the parties agree to work together to determine whether or not the
Error stems from ground movement or work or activities carried out by a Third Parry, or
by, or on behalf of, the County. If it is determined that the conditions of the municipal
right-of-way have changed, the parties agree to be reasonable, including with respect to the
allocation of direct costs stemming from the change.
RELOCATION OF EQUIPMENT
7.1 County Request. Where the County requires and requests the Company to relocate its
Equipment for a bona fide municipal purpose, the County shall notify the Company in
writing and, the Company shall complete the requested relocation within ninety (90) days,
having regard to the nature of the relocation required, the Company shall commence work
to relocate its Equipment within a Right- of -Way.
7.2 Allocation of Cost. The responsibility for the costs incurred in relocating the Company's
Equipment or performing such work referenced, where the County has made a request to
the Company to relocate its Equipment as set out above will, for the purposes of this
Agreement, be based upon the following chart and include all associated costs (labour,
materials, design etc.) as well as depreciation, betterment and recovery of costs:
Year(s) After
Installation of
Equipment
Percentage of
Relocation
Costs Paid
by the unicinality
1
100°%
2
100°/®
3
100°/®
4
90%
5
80°/®
6
70%
7
65°%
8
60%
9
55%
10
45%
11
40%
12
35%
13
30%
14
20%
15
10°/®
16
5%
17+
0°/®
7.3 Exceptions.
(a) Notwithstanding section 7.2, the County shall be solely responsible for paying all
costs related to equipment relocation if the relocation is for beautification or
aesthetic purposes. Such costs include, among others, depreciation, betterment, and
recovery costs.
(b) Notwithstanding section 7.2, where the County has given written notice to the
Company prior to the issuance of a Road Permit that the location of the Equipment
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subject to the Road Permit will require relocation within five (5) years, and the
Company proceeds to install the equipment despite receiving such notice, then the
full cost of any relocation of the Equipment shall be at the Company's sole expense.
7.4 Upon Request of the Company. In the event that the Company wishes to relocate
Equipment which has been previously installed in accordance with this Agreement at its
own expense, the Company shall notify the County of such request, in writing, and such
request will thereafter be considered and administered by the County acting reasonably and
with diligence giving due consideration to the scope of the works already undertaken by
the Company Within the ROWs, provided that, in considering and administering such
request the County shall be entitled to take into consideration any specific municipal or
engineering interests affected by such relocation including any additional facilities located
Within the ROWs. Notwithstanding the foregoing, the County shall not be permitted to
unreasonably withhold, delay or condition its approval for such request.
7.5 Request by Third Party. Where relocation of Equipment is required due to the County
accommodating a third party (hereinafter "Third Party Work"), the required relocation
or related installation work shall be conducted by the Company in accordance with the
terms of this Agreement respecting installation, and the full cost of the amendment or
Relocation shall be borne solely by the third party and paid in advance. The County agrees
to provide the Company with ninety (90) days' notice of the need for any such ThirdParty
Work and to require that the relevant third party or parties bear the full cost of such Third
Party Work and indemnify the Company against all claims and liabilities arising from the
amendment or Relocation as a condition precedent to any such amendment or Relocation.
7.6 County efforts. Where any relocation of Equipment occurs, the County will make good
faith efforts to provide alternative routes for the Equipment affected by the relocation to
ensure uninterrupted service to the Company's customers. Once the Company has provided
the County with all information the County requires to enable it to process a Permit
application, the County shall provide, on a timely basis, all Permits required to allow the
Company to relocate the Equipment.
7.7 Temporary Reconstruction or Realignment of Road Allowances. The Company shall,
upon reasonable prior notice to the County, have the right to:
(a) temporarily reconstruct or realign certain portions of the Road Allowances in order
to permit the delivery or movement of Equipment.
8. PAYMENT OF FEES AND OTHER CHARGES
8.1 General. The Company covenants and agrees to pay to the County Permit fees, deposits
and security associated with and required or reasonably demanded pursuant to this
Agreement. The Permit fees and charges and security are set out in this Agreement and in
Schedule "A" to this Agreement.
8.2 Fees. The Company covenants and agrees to pay to the County applicable fees as laid out in
Schedule "A" ("Fees and Charges").
8.3 Invoices. Unless expressly provided elsewhere in this Agreement, where there are any
payments to be made under this Agreement, the Party requesting payment shall first send
a written invoice to the other Party, setting out in detail all amounts owing, including any
applicable provincial and federal taxes and interest payable on prior overdue invoices, and
the payment terms. The Parties agree that all payments shall be made in full by no later
than forty-five (45) days after the date of the invoice was received.
8.4 Default. Any failure or refusal by the Company to pay any required Fee or Charge as set
out in Schedule "A", any cost required by this Agreement or deliver any Security required
under this Agreement within the timelines specified herein shall constitute a default
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("Default"). Upon the occurrence of a Default, the County shall deliver a Notice of Default
in writing to the Company. The Company shall have thirty (30) days to cure the Default
(the "Cure Period"). In the event that the Default is not cured within the Cure Period, then
the County shall have the right to draw upon the Blanket Security described in section 10.7
of this Agreement.
8.5 Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the
County harmless from, all taxes lawfully imposed now or in the future by the County, a
local municipality within the geographic jurisdiction of the County, or all taxes, rates,
duties, levies or fees lawfully imposed now or in the future by any regional, provincial,
federal, parliamentary or other governmental body, corporate authority, agency or
commission (including, without limitation, school boards and utility commissions) but
excluding the County, that are attributable to the Company's use of a County ROW.
9. TERM AND TERMINATION
9.1 Initial term and renewal. Subject to the renewal options described in subparagraph 9.1(a)
and termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this Agreement
shall commence on day of 2022 and expire and terminate due to expiry on
day of , 2027 (the "Initial Term").
(a) The Company in its sole discretion may renew this Agreement with the County for
three (3) separate consecutive renewal terms of five (5) years each. To exercise the
first option to renew, the Company must provide the County written notice of such
election to renew prior to the expiry of the Initial Term, failing which the
Agreement will terminate due to expiry. To exercise the second option to renew,
the Company must provide the County written notice of such election to renew
prior to the expiry of the first valid five-year extension, failing which the Agreement
will terminate due to expiry. To exercise the third option to renew, the Company
must provide the County written notice of such election to renew prior to the expiry
of the second valid five-year extension, failing which the Agreement will terminate
due to expiry.
(b) If a renewal is not exercised prior to the last day of the Initial Term or valid
extension, this Agreement shall terminate immediately on the last day of the Term
or valid extension, subject to paragraph 9.4 of this Agreement.
9.2 Termination by either Party. Either Party may terminate this Agreement withoutfurther
obligation to the other Party, upon providing at least seven (7) days' written notice in the
event of a material breach of this Agreement by the other Party after notice thereof and
failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of
the notice. If, however, in the view of the non -breaching Party, it is not possible to remedy
or cure the breach within such thirty (30) day period, then the breaching Party shall
commence to remedy or cure the breach within such thirty (30) day period and shall
complete the remedy or cure within the time period stipulated in writing by the non -
breaching Party.
9.3 Termination by County. The County may terminate this Agreement by providing the
Company with at least seven (7) days written notice in the event that:
(a) the Company becomes insolvent, makes an assignment for the benefit of its
creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or
becomes voluntarily subject as a debtor to the provisions of the Companies'
Creditors Arrangement Act or the Bankruptcy and Insolvency Act;
(b) the Company assigns or transfers this Agreement or any part thereof other than in
accordance with Section 18.2; or
(c) the Company ceases to be eligible to operate as a Carrier.
9.4 Obligations and rights upon termination or expiry of Agreement. Notwithstanding
any other provision of this Agreement, if this Agreement is terminated (other than in
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accordance with Section 9.3) or expires without renewal, then, subject to the Company's
rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the
County in writing that it no longer requires the use of the Equipment:
(a) the terms and conditions of this Agreement shall remain in full force and effect until
a new replacement agreement (a "New Agreement") is executed by the Parties; and
(b) the Parties shall enter into meaningful and good faith negotiations to execute a New
Agreement and, if, after six (6) months following the expiry of this Agreement, the
Parties are unable to execute a New Agreement, then either Parry may apply to the
CRTC to establish the terms and conditions of the New Agreement.
9.5 Removing abandoned Equipment. Where the Company advises the County in writing
that it no longer requires the use of any Equipment, the Company shall, at the County's
request and within a reasonable period of time as agreed to by the Parties, act as follows at
the Company's sole cost and expense:
(a) Remove the abandoned Equipment that is above ground;
(b) Subject to (c) immediately below, make safe any underground vaults, manholes and
any other underground structures that are not occupied or used by a Third Party,
(collectively "Abandoned Underground Structures");
(c) Where, in the reasonable opinion of the County Engineer, the Abandoned
Underground Structures will interfere with any municipally -approved project that
will require excavation or otherwise disturb the portions of the ROWs in which the
Abandoned Underground Structures are located, then the Company shall, at or
about the time the excavation of such portions of the ROWs for said project
commences, remove the Abandoned Underground Structures therein.
Upon removal of the abandoned Equipment or upon the removal or making safe of
Abandoned Underground Structures, the Company shall repair any damage resulting from
such removal or making safe and restore the affected ROWs to the condition in which they
existed prior to the removal or making safe. If the Company fails to remove Equipment or
to remove or make safe Abandoned Underground Structures and restore the ROWs within
the time specified above, and to the satisfaction of the County Engineer, the County may
complete said work and the Company shall pay the associated County's Costs.
9.6 Continuing obligations. Notwithstanding the expiry or earlier termination of this
Agreement, each Party shall continue to be liable to the other Party for all payments due
and obligations incurred hereunder prior to the date of such expiry or termination.
10. INSURANCE AND SECURITY
10.1 General. Throughout the term of this Agreement and any renewals or extension thereto,
the Company shall maintain, at its sole expense, insurance (the "Company Insurance") in
an amount and description as described below to protect the Company and the County from
claims for damages, bodily injury (including death) and property damage which may arise
from the Company's operations under this Agreement, including the use or maintenance
of the Equipment Within the ROWs or any act or omission of the Company and its
employees, contractors and agents while engaged in the Work. The Company Insurance
shall include all costs, charges and expenses reasonably incurred with any injury or
damage.
10.2 Commercial general liability occurrence -based insurance. Without limiting the
generality of the foregoing, the Company shall obtain and maintain commercial general
liability occurrence -based insurance coverage which:
(a) covers claims and expenses for liability for personal injury, bodily injury and
property damage in an amount not less than Five Million Dollars ($5,000,000.00)
per occurrence (exclusive of interest and costs);
(b) extends to cover the contractual obligations of the Company as stated within this
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Agreement;
(c) include the County as an additional insured;
(d) contains cross liability and severability of interest clauses.
10.3 Insurance certificates. As soon as possible after the execution of this Agreement, the
Company shall provide on the County's standard form, the County with certificates of
insurance in respect of the Company Insurance evidencing the cross liability and
severability clauses and confirming the County as an "additional insured". Thereafter, the
Company shall provide the County with evidence of all renewals of the Company Insurance
in a form acceptable to the County.
10.4 General insurance conditions.
(a) The Company Insurance shall not be construed to, and shall in no manner, limit or
restrict the Company's liability or obligations under this Agreement.
(b) The County shall not be liable for any premiums relating to policies under the
Company Insurance.
(c) The policies under the Company Insurance shall provide:
(i) that they are primary insurance which will not call into contribution any
other insurance available to the County;
(ii) a waiver for severability of interest; and
(iii) that the Company Insurance shall not be cancelled, lapsed or materially
changed to the detriment of the County without at least thirty (30) business
days' notice to the County by mail.
(d) The Company will immediately notify the County of any changes to or cancellation
of the Company Insurance if they will directly affect or reduce the coverage made
available to the County.
10.5 Workplace Safety and Insurance Board. The Company shall provide Workplace Safety
and Insurance Board ("WSIB)" clearance certificate that confirms the Company is in good
standing with the WSIB. The Company shall ensure the WSIB clearance remains ineffect
when the Company's personnel are working within the ROWs.
10.6 Blanket Letter of Credit. If requested by the County, the Company shall, within thirty (30)
days thereafter, post an irrevocable blanket letter of credit, for the minimum amount of ten
thousand dollars ($10,000.00) (the "Blanket Security"). Once posted by the Company,
the County may draw upon the Blanket Security and apply the funds therein against any
undisputed outstanding financial obligations owed by the Company to the County under
this Agreement.
10.7 Blanket Security - Term. The Blanket Security, if requested, shall be posted for a
maximum of up to three (3) years and until such time as the County determines that the
Company has established a satisfactory business relationship with the County. If the County
is required to draw upon the Blanket Security, the County shall advise the Company and
the Company shall, within fourteen (14) days thereafter restore the Blanket Security to its
original value.
10.8 Project -specific Security. The County may also reasonably request, and the Company
shall provide, additional project -specific securities for Work projects in an amount equal to
the estimated restoration costs of the projects as determined by the Parties. The County shall
release the project -specific security once the Company has fulfilled the conditions of the
applicable Permit relating to the restoration of the ROW to the satisfaction of the County.
11. RESPONSIBILITY AND INDEMNIFICATION
11.1 No liability County. The Company hereby acknowledges that the placement, installation,
construction, reconstruction, inspection, maintenance, operation, alteration, enlarging,
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repair, replacement, relocation and/or removal of the Equipment by the Company is
performed entirely at the risk of the Company and that the County shall in no way or under
any circumstances be responsible or liable to the Company, its contractors, agents, or
customers for any damage or losses in consequence thereof, unless due to the negligence
of the County or those for whom at law it is responsible.
11.2 Company Indemnity. The Company hereby releases, indemnifies, completely holds
harmless, and agrees to defend the County, its Councillors, officers, employees, legal
counsel, agents and contractors, from and against any and all suits, judgments, claims,
demands, expenses, actions, causes of action, duties, assessments, fees, penalties,
liabilities, losses and costs which the County and its successors and assigns may at any
time or times hereafter bear, sustain, or suffer, as a result of the Equipment, including
without limitation, its placement, installation, construction, reconstruction, inspection,
maintenance, use, operation, alteration, enlarging, repair, replacement, relocation and/or
removal.
11.3 County Acknowledgement. The County hereby acknowledges that it is responsible for its
negligence and the negligence of those for whom it is responsible for at law.
11.4 County Indemnity. The County hereby releases, indemnifies, completely holds harmless,
and agrees to defend the Company, its officers, employees, legal counsel, agents and
contractors, from and against any and all suits, judgments, claims, demands, expenses,
actions, causes of action, duties, assessments, fees, penalties, liabilities, losses and costs
which the Company and its successors and assigns may at any time or times hereafter bear,
sustain, suffer, be put to or incur by reason of its negligence and the negligence of those
for whom it is responsible at law.
11.5 No liability, both Parties. Notwithstanding any other provision in this Agreement, neither
Party shall be liable to any person in any way for special, incidental, indirect, consequential,
exemplary, or punitive damages, including damages for pure economic loss or failure to
realize expected profits, howsoever caused, or contributed to, in connection with this
Agreement and the performance or non-performance of its obligations hereunder
11.6 Survival. The obligation of a Party to indemnify, defend and save harmless the other Party
shall survive the termination or expiry of this Agreement.
12. ENVIRONMENTAL LIABILITY
12.1. County not responsible. The County is not responsible, either directly or indirectly, for
any damage to the natural environment or property, including any nuisance, trespass,
negligence, or injury to any person, howsoever caused, arising from the presence, deposit,
escape, discharge, leak, spill or release of any Hazardous Substance in connection with the
Company's occupation or use of the ROWs, unless such damage was caused directly or
indirectly by the negligence or willful misconduct of the County or those for which it is
responsible in law.
122. Company to assume environmental liabilities. The Company agrees to assume all
environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever
relating to its use of the ROWs, including, without limitation, any liability for the clean-
up, removal or remediation of any Hazardous Substance on or under the ROWs that result
from:
(a) the occupation, operations or activities of the Company, its contractors, agents or
employees or by any person with the express or implied consent of the Company
Within the ROWs; or
(b) any Equipment brought or placed Within the ROWs by the Company, its
contractors, agents or employees or by any person with the express or implied
consent of the Company;
unless such damage was caused directly or indirectly in whole or in part by the negligence
or willful misconduct on the part of the County or those for which it is responsible in law.
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The County agrees to provide notice to the Company of any liability arising under this
provision in a reasonable period of time after the occurrence. For clarity, the Company
shall not be liable in any manner for any events which occurred before the Equipment
occupied the ROW.
13. NO JOINT VENTURE, PARTNERSHIP OR CO -OWNERSHIP
13.1 No Joint Venture. The Parties hereby acknowledge and agree that this Agreement is solely
an access agreement and that no relationship is formed between the Parties in the nature of
a joint venture, partnership co -ownership arrangement or other similar relationship.
14. FORCE MAJEURE
14.1 Force Majeure. Except for the Parties' obligations to make payments to each other under
this Agreement, neither Party shall be liable for a delay in its performance or its failure to
perform hereunder due to causes beyond its reasonable control, including, but not limited
to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions
on forms of commercial activity; or order of any civil or military authority; national
emergencies, insurrections, riots or wars or strikes, lock -outs or work stoppages ("Force
Majeure"). In the event of any one or more of the foregoing occurrences, notice shall be
given by the Party unable to perform to the other Party and the Party unable to perform
shall be permitted to delay its performance for so long as the occurrence continues. Should
the suspension of obligations due to Force Majeure exceed two (2) months, either Party
may terminate this Agreement without liability upon delivery of notice to the other Party.
15. DISPUTE RESOLUTION
15.1 General. The Parties hereby acknowledge and agree that:
(a) this Agreement has been entered into voluntarily by the Parties with the intention
that is shall be final and binding on the Parties until it is terminated or expires in
accordance with its terms;
(b) it is the intention of the Parties that all Disputes (as defined in subsection 15.2) be
resolved in a fair, efficient, and timely manner without incurring undue expense
and, wherever possible, without the intervention of the CRTC; and
(c) the CRTC shall be requested by the Parties to consider and provide a decision
only with respect to those matters which form the basis of the original Dispute as
set out in the Dispute Notice issued under this Section 15.
15.2 Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim
or alleged breach arising out of or in connection with this Agreement ("Dispute") promptly
through discussions at the operational level. In the event a resolution is not achieved, the
disputing Party shall provide the other Party with written notice of the Dispute and the
Parties shall attempt to resolve such Dispute between senior officers who have the authority
to settle the Dispute. All negotiations conducted by such officers shall be confidential and
shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the
Dispute within thirty (30) days of the non -disputing Party's receipt of written notice, the
Parties agree to utilize the services of a mutually agreed upon independent third party
mediator. The mediator shall be knowledgeable regarding the area of the disputed issue.
The mediator shall meet with the Parties together or separately, as necessary, to review all
aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves
prior to proceeding to legal proceedings and/or the CRTC, the mediator shall provide,
without prejudice, a non -binding written recommendation for settlement, within thirty (30)
days of holding a mediation. Upon receipt of the written settlement recommendation, if an
agreement cannot be reached, either Party may initiate legal proceedings and/or submit the
Dispute to the CRTC for resolution.
15.3 Continued performance. Except where clearly prevented by the nature of the Dispute, the
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County and the Company agree to continue performing their respective obligations under
this Agreement while a Dispute is subject to the terms of this Section 15.
16. NOTICE
16.1 Method of Notice. Any notice required may be sufficiently given by personal deliveryor,
if other than the delivery of an original document, by facsimile transmission or electronic (e-
mail) transmission, to either Parry at the following addresses:
To the County:
Corporation of the County Elgin
450 Sunset Drive
St. Thomas, Ontario N5R 5V1
To the Company:
Attn: Chief Regulatory Officer
Address: 333 Bloor Street East
Toronto, ON M4W IG9
Tel. no. 613-220-7575
Fax no.416-935-4875
email: regulatory. access (i�rci.rogers. com
With copy to:
Attn: Chief Legal Officer
Address: 333 Bloor Street East
Toronto, ON M4W 1 G9
Tel. no. 416-935-2505
Fax no.416-935-2574
email: legal.noticesL(r)rci.rogers.coin
16.2 Delivery of Notice. Any notice given pursuant to Section 16.1 shall be deemed to have
been received on the date on which it was delivered in person, or, if transmitted by facsimile
or electronic transmission during the regular business hours of the Parry receiving the
notice, on the date it was transmitted, or, if transmitted by facsimile outside regular
business hours of the Parry receiving the notice, on the next regular business day of the
Parry receiving the notice; provided, however, that either Parry may change its address
and/or facsimile number for purposes of receipt of any such communication by giving ten
(10) days' prior written notice of such change to the other Parry in the manner described
above.
17. FOREIGN CORRUPT PRACTICES ACT AND ANTI -BRIBERY INDEMNITY
17.1 Notwithstanding anything to the contrary herein, the County, in its administration of this
Agreement, shall refrain from offering, giving or promising, directly or indirectly, money
or anything of value to a Canadian or foreign governmental official to influence the official
in his or her official capacity, induce the official to do or omit to do an act in violation of
his or her lawful duty, or to secure any improper advantage in order to assist in obtaining
or retaining business for or with, or directing business to, any person. For the purposes of
this Section, "anything of value" includes, but is not limited to, cash or a cash equivalent,
discounts, gifts, use of materials, facilities or equipment, entertainment, drinks, meals,
transportation, lodging, insurance benefits, or promise of future employment.
"Governmental official" shall mean any person holding any level of legislative,
administrative, or judicial office of the Canadian or a foreign government or any of its
departments or agencies or divisions; any person acting on behalf of the Canadian or a
foreign government, including a local or provincial agency, enterprise, or organization; any
official or agent of a Canadian or a foreign public administration or publicly funded
organization; any official of a Canadian or a foreign political party; any officer or agent of
a public international organization (e.g., World Bank, International Monetary Fund, World
Health Organization, United Nations, World Trade Organization); or any relatives or close
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family/household members of any of those listed above. The County shall indemnify and
hold harmless the Company from all claims brought against the Company as a result of the
County or its representatives' failure to comply with Anti -Bribery Law. The County shall
immediately report any breach of Anti -Bribery Law by the County or its representatives.
The County shall immediately report any breach of Anti -Bribery Law by the County or its
representatives'. The Company shall have the right to audit the County's books and records with
respect to payments made on behalf of the Company in the event that the Company believes that
the County has violated this Section 17. The Company shall have the rightto immediately terminate
all payments to the County under this Agreement if the County fails to comply with this Section 17.
f .t OlWOX:7_1I
18.1 Entire Agreement. This Agreement, together with the Schedules attached hereto,
constitute the complete and exclusive statement of the understandings between the Parties
with respect to the rights and obligations hereunder and supersedes all proposals and prior
agreements, oral or written, between the Parties.
18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part,
without the prior written consent of the other Party. Notwithstanding the foregoing, the
Company shall, provided that it is not in material breach of this Agreement, have the right
to assign this Agreement to an Affiliate without the consent of the County, provided that
the Company has given notice to the County.
18.3 Gender and number. In this Agreement, words importing the singular include the plural
and vice versa, words importing gender, include all genders.
18.4 Currency. Unless otherwise indicated, references in this Agreement to money amounts are
to the lawful currency of Canada.
18.5 Parties to act reasonably. Each Party shall at all times act reasonably in the performance
of its obligations and the exercise of its rights and discretion under this Agreement.
18.6 Amendments. Except as expressly provided in this Agreement, no modification of or
amendment to this Agreement shall be effective unless agreed to in writing by the County
and the Company.
18.7 Survival. The terms and conditions contained in this Agreement that by their sense and
context are intended to survive the performance thereof by the Parties hereto shall so
survive the completion of performance, the expiration and termination of this Agreement,
including, without limitation, provisions with respect to indemnification and the making of
any and all payments due hereunder.
18.8 Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder
or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The
single or partial exercise of a right, power or remedy shall not prevent its subsequent
exercise or the exercise of any other right, power or remedy.
18.9 Severability. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to
such provision and everything else in this Agreement shall continue in full force and effect.
18.10 Enurement. This Agreement is and shall be binding upon and inure to the benefit of the
Parties hereto and their respective legal representatives, successors, and permitted assigns,
and may not be changed or modified except in writing, duly signed by the Parties hereto.
18.11 Counterparts: This Agreement may be executed by the Parties and delivered by facsimile
or PDF transmission and in one or more counterparts which when held together shall be
considered one and the same Agreement.
18.12 Equitable Relief. Either Party may, in addition to any other remedies it may have at law
or equity, seek equitable relief, including without limitation, injunctive relief, and specific
performance to enforce its rights or the other party's obligations under this Agreement.
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18.13 Governing law. This Agreement shall be governed by the laws of the Province of Ontario
and all federal laws of Canada applicable therein.
[ONE (1) ENDORSEMENT PAGE FOLLOWS]
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IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date as set out at
the top of page one (1) of this Agreement.
SIGNED, SEALED AND DELIVERED CORPORATION OF THE COUNTY OF
in the presence of: ELGIN
Date:
Date: ,
Mary French, Warden
Julie Gonyou, Chief Administrative Officer
We have the authority to bind the Corporation
SIGNED, SEALED AND DELIVERED ROGERS COMMUNICATIONS CANADA
in the presence of: INC.
Date: ,
Pam Dinsmore, VP Regulatory, Cable
Per:
Title:
Date: ,
Per:
Title:
I/We have the authority to bind the Corporation
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SCHEDULE"A"
Fees and Charges
Telecommunication Equipment Consent and Road User Agreement
By -Law
Fee/Charge
Amount
21-16
Municipal Consent
$200.00 + $0.25/m
21-16
Road Permit
$200.00 to $400.00
SCHEDULE"B"
Permits reauired by the County
Telecommunication Equipment Consent and Road User Agreement
MC
Notification
No Permit or
WORK ACTIVITY
RP
only
Notification
Road occupation that causes no disruption to traffic or
pedestrian flow to perform Work
X
Work that requires oversize or overweight vehicles
X
Road Occupancy that involves the temporary closure of a
vehicle travel lane, parking lane to perform Work
X
Emergency Work with no Excavation, no utilization of trees and
or other municipal infrastructure as a support structure
X
Any installation of Equipment that requires Excavation' in the
ROW, including:
— the installation of buried Equipment crossing a road;
— the installation of new Above -ground Plant;
— the relocation of buried Equipment or Above -ground
X
X
Equipment;
— the replacement of existing Above -ground Equipment with
equipment that is significantly larger; and
— the installation of buried Service Drops that cross a road or
a break a hard surface of the ROW.
The installation of aerial Equipment (excluding aerial Service
Drops)
X
Tree trimming on ROWS
X
The replacement of existing above -ground Equipment without
adding more Equipment or significantly increasing its size (pole
X
replacements excluded)
The installation of buried Service Drops that do not cross a road
or break the hard surface of a ROW
X
Pulling cable through existing underground duct
X
The installation of or repair to aerial Service Drops
X
The maintenance, testing and repair of Equipment where there
is minimal physical disturbance or changes to the ROW
X
Any other Work activity agreed to by the Municipality
X
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COUNTY OF ELGIN
By -Law No. 22-13
"BEING A BY-LAW TO APPROVE A TRANSFER PAYMENT AGREEMENT WITH
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS
REPRESENTED BY THE MINISTER OF LONG-TERM CARE TO FUND THE
IMPLEMENTATION OF A COMMUNITY PARAMEDICINE FOR LONG-TERM CARE
PROGRAM 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 Section 11(1) of the said Act also authorizes the Corporation of the
County of Elgin, as an upper -tier municipality, to provide a service or thing that is
considered necessary or desirable to the public;
AND WHEREAS Section 11(2) of the said Act further authorizes the Corporation of the
County of Elgin, as an upper -tier municipality, to pass by-laws respecting the health,
safety, and well-being of persons;
AND WHEREAS the Government of Ontario ("Ontario") has established and funded the
Community Paramedicine for Long -Term Care Program as a provincial program
designed, to support the provision of community -based health care where paramedics
use their education and expertise in community -based, non -emergency care roles,
outside their emergency response and ambulance transport roles;
AND WHEREAS Elgin County has applied for financial support from the Ministry of
Long -Term Care to fund the implementation of a Community Paramedicine for Long -
Term Care Program with the goal of providing additional care for seniors in their own
homes before admission into long-term care, and Ontario has approved the said Project
for financial support to a maximum contribution of $4,480,300-1
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 Long -Term Care;
AND WHEREAS Elgin County Council is satisfied that it is in the best interests of and
advisable for the Municipality to enter into the said Transfer Payment Agreement to
secure access to the financial support granted therein.
391
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
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 Long -Term
Care and the Corporation of the County of Elgin in respect of the financial support to
fund the implementation of a Community Paramedicine for Long -Term Care 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 Long -Term Care and the
Corporation of the County of Elgin in respect of the financial support to fund the
implementation of a Community Paramedicine for Long -Term Care 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 22"d DAY
OF FEBRUARY 2022.
Julie Gonyou, Mary French,
Chief Administrative Officer. Warden.
392
ONTARIO TRANSFER PAYMENT AGREEMENT
THE AGREEMENT is effective as of the 1st day of October, 2021
BETWEEN:
Her Majesty the Queen in right of Ontario
as represented by the Minister of Long -Term Care
(the "Province")
-and -
Corporation of the County of Elgin
(the "Recipient")
CONSIDERATION
In consideration of the mutual covenants and agreements contained in the Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are
expressly acknowledged, the Province and the Recipient agree as follows:
1.0 ENTIRE AGREEMENT
1.1 Schedules to the Agreement. The following schedules form part of the
Agreement:
Schedule "A" -
General Terms and Conditions
Schedule "B" -
Project Specific Information and Additional Provisions
Schedule "C" -
Project
Schedule "D" -
Budget
Schedule "E" -
Payment Plan
Schedule "F" -
Reports.
1.2 Entire Agreement. The Agreement constitutes the entire agreement between
the Parties with respect to the subject matter contained in the Agreement and
supersedes all prior oral or written representations and agreements.
2.0 CONFLICT OR INCONSISTENCY
2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between
the Additional Provisions and the provisions in Schedule "A", the following rules
will apply:
Community Paramedicine for Long -Term Care Transfer Payment Agreement
Corporation of the County of Elgin
393
(a) the Parties will interpret any Additional Provisions in so far as possible, in
a way that preserves the intention of the Parties as expressed in Schedule
"A"; and
(b) where it is not possible to interpret the Additional Provisions in a way that
is consistent with the provisions in Schedule "A", the Additional Provisions
will prevail over the provisions in Schedule "A" to the extent of the
inconsistency.
3.0 COUNTERPARTS
3.1 One and the Same Agreement. The Agreement may be executed in any
number of counterparts, each of which will be deemed an original, but all of
which together will constitute one and the same instrument.
4.0 AMENDING THE AGREEMENT
4.1 Amending the Agreement. The Agreement may only be amended by a written
agreement duly executed by the Parties. Schedules appended to this
agreement may be amended by the Province without written agreement by all
Parties.
5.0 ACKNOWLEDGEMENT
5.1 Acknowledgement. The Recipient acknowledges that:
(a) the Funds are to assist the Recipient to carry out the Project and not to
provide goods or services to the Province;
(b) the Province is not responsible for carrying out the Project; and
(c) the Province is bound by the Freedom of Information and Protection of
Privacy Act (Ontario) and that any information provided to the Province in
connection with the Project or otherwise in connection with the Agreement
may be subject to disclosure in accordance with that Act.
5.2 The Recipient shall ensure that all personal information or personal health
information in its custody or under its control is managed in accordance with the
provisions of the Municipal Freedom of Information and Protection of Privacy
Act, R.S.O. 1990, c. M.56 (MFIPPA), and its regulations, the Personal Health
Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, and any other
applicable legislation.
5.3 The Province acknowledges that the Recipient is bound by MFIPPA and that
any information provided to the Recipient in connection with the Agreement
may be subject to disclosure in accordance with MFIPPA.
- SIGNATURE PAGE FOLLOWS —
Community Paramedicine for Long -Term Care Transfer Payment Agreement
Corporation of the County of Elgin
394
The Parties have executed the Agreement on the dates set out below.
Date
Date
Date
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the Minister of Long -
Term Care
The Honourable Paul Calandra
Minister of Long -Term Care
Corporation of the County of Elgin
Julie Gonyou
Chief Administrative Officer
I have authority to bind the Recipient.
Name:
Title:
I have authority to bind the Recipient.
Community Paramedicine for Long -Term Care Transfer Payment Agreement
Corporation of the County of Elgin
395
SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpretation:
(a) words in the singular include the plural and vice -versa;
(b) words in one gender include all genders;
(c) the headings do not form part of the Agreement; they are for reference
only and will not affect the interpretation of the Agreement;
(d) any reference to dollars or currency will be in Canadian dollars and
currency; and
(e) "include", "includes" and "including" denote that the subsequent list is not
exhaustive.
A1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
"Additional Provisions" means the terms and conditions set out in Schedule
«B„
"Agreement" means this agreement entered into between the Province and
the Recipient, all of the schedules listed in section 1.1, and any amending
agreement entered into pursuant to section 4.1.
"Budget" means the budget attached to the Agreement as Schedule "D".
"Business Day" means any working day, Monday to Friday inclusive,
excluding statutory and other holidays, namely: New Year's Day; Family Day;
Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour
Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and
any other day on which the Province has elected to be closed for business.
"Effective Date" means the date set out at the top of the Agreement.
"Event of Default" has the meaning ascribed to it in section Al2.1.
"Expiry Date" means the expiry date set out in Schedule "B".
"Funding Year" means:
(a) in the case of the first Funding Year, the period commencing on the
Effective Date and ending on the following March 31; and
Community Paramedicine for Long -Term Care Transfer Payment Agreement 4
Corporation of the County of Elgin
396
(b) in the case of Funding Years subsequent to the first Funding Year, the
period commencing on April 1 following the end of the previous Funding
Year and ending on the following March 31 or the Expiry Date,
whichever is first.
"Funds" means the money the Province provides to the Recipient pursuant to
the Agreement.
"Indemnified Parties" means Her Majesty the Queen in right of Ontario, and
includes Her ministers, agents, appointees, and employees.
"Loss" means any cause of action, liability, loss, cost, damage, or expense
(including legal, expert and consultant fees) that anyone incurs or sustains as a
result of or in connection with the Project or any other part of the Agreement.
"Maximum Funds" means the maximum set out in Schedule "B".
"Notice" means any communication given or required to be given pursuant to
the Agreement.
"Notice Period" means the period of time within which the Recipient is
required to remedy an Event of Default pursuant to section Al2.3(b), and
includes any such period or periods of time by which the Province extends that
time in accordance with section Al2.4.
"Parties" means the Province and the Recipient.
"Party" means either the Province or the Recipient.
"Personal Health Information" means personal health information as defined
in the Personal Health Information Protection Act, 2004, S.O. 2004, c.3,
Schedule A.
"Proceeding" means any action, claim, demand, lawsuit, or other proceeding
that anyone makes, brings or prosecutes as a result of or in connection with the
Project or with any other part of the Agreement.
"Project" means the undertaking described in Schedule "C".
"Records Review" means any assessment the Province conducts pursuant to
section A7.4.
"Reports" means the reports described in Schedule "F"
A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1 General. The Recipient represents, warrants, and covenants that:
Community Paramedicine for Long -Term Care Transfer Payment Agreement
Corporation of the County of Elgin
397
(a) it has, and will continue to have, the experience and expertise necessary
to carry out the Project;
(b) it is in compliance with, and will continue to comply with, all federal and
provincial laws and regulations, all municipal by-laws, and any other
orders, rules, and by-laws related to any aspect of the Project, the
Funds, or both; and
(c) unless otherwise provided for in the Agreement, any information the
Recipient provided to the Province in support of its request for funds
(including information relating to any eligibility requirements) was true
and complete at the time the Recipient provided it and will continue to be
true and complete.
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a) the full power and authority to enter into the Agreement; and
(b) taken all necessary actions to authorize the execution of the Agreement,
including passing a municipal by-law authorizing the Recipient to enter
into the Agreement.
A2.3 Governance. The Recipient represents, warrants, and covenants that it has,
will maintain in writing, and will follow:
(a) procedures to enable the Recipient to manage Funds prudently and
effectively;
(b) procedures to enable the Recipient to complete the Project successfully;
(c) procedures to enable the Recipient to identify risks to the completion of
the Project and strategies to address the identified risks, all in a timely
manner;
(d) procedures to enable the preparation and submission of all Reports
required pursuant to Article A7.0; and
(e) procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to enable the Recipient to carry out its
obligations under the Agreement.
A2.4 Supporting Proof. Upon the request of the Province, the Recipient will
provide the Province with proof of the matters referred to in Article A2.0.
A3.0 TERM OF THE AGREEMENT
Community Paramedicine for Long -Term Care Transfer Payment Agreement
Corporation of the County of Elgin
398
A3.1 Term. The term of the Agreement will commence on the Effective Date and will
expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or
Article Al2.0.
A4.0 FUNDS AND CARRYING OUT THE PROJECT
A4.1 Funds Provided. The Province will:
(a) provide the Recipient up to the Maximum Funds for the purpose of
carrying out the Project;
(b) provide the Funds to the Recipient in accordance with the payment plan
attached to the Agreement as Schedule "E"; and
(c) deposit the Funds into an account the Recipient designates provided
that the account-
(i) resides at a Canadian financial institution; and
(ii) is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1:
(a) the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides evidence satisfactory to the Province that the
Recipient's council has authorized the execution of this Agreement by
the Recipient by municipal by-law;
(b) the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides the certificates of insurance or other proof as the
Province may request pursuant to section A10.2;
(c) the Province is not obligated to provide instalments of Funds until it is
satisfied with the progress of the Project; and
(d) the Province may adjust the amount of Funds it provides to the Recipient
in any Funding Year based upon the Province's assessment of the
information the Recipient provides to the Province pursuant to section
A7.2.
A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the
following:
(a) carry out the Project in accordance with the Agreement;
(b) use the Funds only for the purpose of carrying out the Project;
(c) spend the Funds only in accordance with the Budget;
Community Paramedicine for Long -Term Care Transfer Payment Agreement
Corporation of the County of Elgin
399
(d) not use the Funds to cover any cost that has or will be funded or
reimbursed by one or more of any third party, ministry, agency, or
organization of the Government of Ontario.
A4.4 Interest Bearing Account. If the Province provides Funds before the
Recipient's immediate need for the Funds, the Recipient will place the Funds in
an interest bearing account in the name of the Recipient at a Canadian financial
institution.
A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do
either or both of the following:
(a) deduct an amount equal to the interest from any further instalments of
Funds;
(b) demand from the Recipient the payment of an amount equal to the
interest.
A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on
the actual costs to the Recipient to carry out the Project, less any costs
(including taxes) for which the Recipient has received, will receive, or is eligible
to receive, a rebate, credit, or refund.
A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL
OF ASSETS
A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds,
it will do so through a process that promotes the best value for money.
A5.2 Disposal. The Recipient will not, without the Province's prior consent, sell,
lease, or otherwise dispose of any asset purchased or created with the Funds
or for which Funds were provided, the cost of which exceeded the amount as
provided for in Schedule "B" at the time of purchase.
A6.0 CONFLICT OF INTEREST
A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of
interest includes any circumstances where:
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient's decisions,
has outside commitments, relationships, or financial interests that could, or
could be seen by a reasonable person to, interfere with the Recipient's
objective, unbiased, and impartial judgment relating to the Project, the use of
the Funds, or both.
A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the
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Funds without an actual, potential, or perceived conflict of interest unless:
(a) the Recipient-
(i) provides Notice to the Province disclosing the details of the actual,
potential, or perceived conflict of interest;
(ii) requests the consent of the Province to carry out the Project with
an actual, potential, or perceived conflict of interest;
(b) the Province provides its consent to the Recipient carrying out the
Project with an actual, potential, or perceived conflict of interest; and
(c) the Recipient complies with any terms and conditions the Province may
prescribe in its consent.
A7.0 REPORTS, ACCOUNTING, AND REVIEW
A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6,
"Province" includes any auditor or representative the Province may identify.
A7.2 Preparation and Submission. The Recipient will:
(a) submit to the Province at the address referred to in Schedule "B":
(i) all Reports in accordance with the timelines and content
requirements as provided for in Schedule "F";
(ii) any other reports in accordance with any timelines and content
requirements the Province may specify from time to time;
(b) ensure that all Reports and other reports are-
(i) completed to the satisfaction of the Province; and
(i) signed by an authorized signing officer of the Recipient.
A7.3 Record Maintenance. The Recipient will keep and maintain for a period of
seven years from their creation:
(a) all financial records (including invoices and evidence of payment)
relating to the Funds or otherwise to the Project in a manner consistent
with either international financial reporting standards or generally
accepted accounting principles or any other accounting principles that
apply to the Recipient; and
(b) all non -financial records and documents relating to the Funds or
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otherwise to the Project.
A7.4 Records Review. The Province may, at its own expense, upon twenty-four
hours' Notice to the Recipient and during normal business hours enter upon the
Recipient's premises to conduct an audit or investigation of the Recipient
regarding the Recipient's compliance with the Agreement, including assessing
any of the following:
(a) the truth of any of the Recipient's representations and warranties;
(b) the progress of the Project;
(c) the Recipient's allocation and expenditure of the Funds.
A7.5 Inspection and Removal. For the purposes of any Records Review, the
Province may take one or more of the following actions:
(a) inspect and copy any records and documents referred to in section A7.3;
and
(b) remove any copies the Province makes pursuant to section A7.5(a).
A7.6 Cooperation. To assist the Province in respect of its rights provided for in
section A7.5, the Recipient will cooperate with the Province by:
(a) ensuring that the Province has access to the records and documents
wherever they are located;
(b) assisting the Province to copy records and documents;
(c) providing to the Province, in the form the Province specifies, any
information the Province identifies; and
(d) carrying out any other activities the Province requests.
A7.7 No Control of Records. No provision of the Agreement will be construed so
as to give the Province any control whatsoever over the Recipient's records.
A7.8 Auditor General. The Province's rights under Article A7.0 are in addition to
any rights provided to the Auditor General pursuant to section 9.2 of the Auditor
General Act (Ontario).
A8.0 COMMUNICATIONS REQUIREMENTS
A8.1 Acknowledge Support. Unless the Province directs the Recipient to do
otherwise, the Recipient will in each of its Project -related publications, whether
written, oral, or visual:
(a) acknowledge the support of the Province for the Project;
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(b) ensure that any acknowledgement is in a form and manner as the
Province directs; and
(c) indicate that the views expressed in the publication are the views of the
Recipient and do not necessarily reflect those of the Province.
A9.0 INDEMNITY
A9.1 Indemnification. The Recipient will indemnify and hold harmless the
Indemnified Parties from and against any Loss and any Proceeding, unless
solely caused by the negligence or wilful misconduct of the Indemnified Parties.
A10.0 INSURANCE
A10.1 Recipient's Insurance. The Recipient represents, warrants, and covenants
that it has, and will maintain, at its own cost and expense, with insurers having
a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary
and appropriate insurance that a prudent person carrying out a project similar
to the Project would maintain, including commercial general liability insurance
on an occurrence basis for third party bodily injury, personal injury, and
property damage, to an inclusive limit of not less than the amount provided for
in Schedule "B" per occurrence, which commercial general liability insurance
policy will include the following:
(a) the Indemnified Parties as additional insureds with respect to liability
arising in the course of performance of the Recipient's obligations under,
or otherwise in connection with, the Agreement;
(b) a cross -liability clause;
(c) contractual liability coverage; and
(d) a 30-day written notice of cancellation.
A10.2 Proof of Insurance. The Recipient will:
(a) provide to the Province, either-
(i) certificates of insurance that confirm the insurance coverage as
provided for in section A10.1; or
(ii) other proof that confirms the insurance coverage as provided for
in section A10.1; and
(b) in the event of a Proceeding, and upon the Province's request, the
Recipient will provide to the Province a copy of any of the Recipient's
insurance policies that relate to the Project or otherwise to the
Agreement, or both.
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A11.0 TERMINATION ON NOTICE
A11.1 Termination on Notice. The Province or the Recipient may terminate the
Agreement at any time without liability, penalty, or costs upon giving 30 days'
Notice to the Recipient.
A11.2 Consequences of Termination on Notice by the Province. If the Province
or the Recipient terminates the Agreement pursuant to section A11.1, the
Province may take one or more of the following actions:
(a) cancel further instalments of Funds;
(b) demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient; and
(c) determine the reasonable costs for the Recipient to wind down the
Project, and do either or both of the following-
(i) permit the Recipient to offset such costs against the amount the
Recipient owes pursuant to section Al 1.2(b); and
(ii) subject to section A4.1(a), provide Funds to the Recipient to cover
such costs.
Al2.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR
DEFAULT
Al2.1 Events of Default. It will constitute an Event of Default if, in the opinion of the
Province, the Recipient breaches any representation, warranty, covenant, or
other material term of the Agreement, including failing to do any of the following
in accordance with the terms and conditions of the Agreement-
(i) carry out the Project;
(ii) use or spend Funds; or
(iii) provide, in accordance with section A7.2, Reports or such other
reports as the Province may have requested pursuant to section
A7.2(a)(ii).
Al2.2 Consequences of Events of Default and Corrective Action. If an Event of
Default occurs, the Province may, at any time, take one or more of the following
actions:
(a) initiate any action the Province considers necessary in order to facilitate
the successful continuation or completion of the Project;
(b) provide the Recipient with an opportunity to remedy the Event of Default;
Community Paramedicine for Long -Term Care Transfer Payment Agreement 12
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(c) suspend the payment of Funds for such period as the Province
determines appropriate;
(d) reduce the amount of the Funds;
(e) cancel further instalments of Funds;
(f) demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient;
(g) demand from the Recipient the payment of an amount equal to any
Funds the Recipient used, but did not use in accordance with the
Agreement;
(h) demand from the Recipient the payment of an amount equal to any
Funds the Province provided to the Recipient;
(i) demand from the Recipient an amount equal to the costs the Province
incurred or incurs to enforce its rights under the Agreement, including
the costs of any Record Review and the costs it incurs to collect any
amounts the Recipient owes to the Province; and
(j) terminate the Agreement at any time, including immediately, without
liability, penalty or costs to the Province upon giving Notice to the
Recipient.
Al2.3 Opportunity to Remedy. If, in accordance with section Al2.2(b), the Province
provides the Recipient with an opportunity to remedy the Event of Default, the
Province will give Notice to the Recipient of:
(a) the particulars of the Event of Default; and
(b) the Notice Period.
Al2.4 Recipient not Remedying. If the Province provided the Recipient with an
opportunity to remedy the Event of Default pursuant to section Al2.2(b), and:
(a) the Recipient does not remedy the Event of Default within the Notice
Period;
(b) it becomes apparent to the Province that the Recipient cannot
completely remedy the Event of Default within the Notice Period; or
(c) the Recipient is not proceeding to remedy the Event of Default in a way
that is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the
actions provided for in sections Al2.2(a), (c), (d), (e), (f), (g), (h), and (i).
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Al2.5 When Termination Effective. Termination under Article Al2.0 will take effect
as provided for in the Notice.
A13.0 FUNDS AT THE END OF A FUNDING YEAR
A13.1 Funds at the End of a Funding Year. Without limiting any rights of the
Province under Article Al2.0, if the Recipient has not spent all of the Funds
allocated for the Funding Year as provided for in the Budget, the Province may
take one or both of the following actions:
(a) demand from the Recipient payment of the unspent Funds; and
(b) adjust the amount of any further instalments of Funds accordingly.
A14.0 FUNDS UPON EXPIRY
A14.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to
the Province any Funds remaining in its possession, under its control, or both.
A15.0 DEBT DUE AND PAYMENT
A15.1 Payment of Overpayment. If at any time the Province provides Funds in
excess of the amount to which the Recipient is entitled under the Agreement,
the Province may:
(a) deduct an amount equal to the excess Funds from any further
instalments of Funds; or
(b) demand that the Recipient pay to the Province an amount equal to the
excess Funds.
A15.2 Debt Due. If, pursuant to the Agreement:
(a) the Province demands from the Recipient the payment of any Funds or
an amount equal to any Funds; or
(b) the Recipient owes any Funds or an amount equal to any Funds to the
Province, whether or not the Province has demanded their payment,
such amounts will be deemed to be debts due and owing to the Province by the
Recipient, and the Recipient will pay the amounts to the Province immediately,
unless the Province directs otherwise.
A15.3 Interest Rate. The Province may charge the Recipient interest on any money
owing to the Province by the Recipient under the Agreement at the then current
interest rate charged by the Province of Ontario on accounts receivable.
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A15.4 Payment of Money to Province. The Recipient will pay any money owing to
the Province by cheque payable to the "Ontario Minister of Finance" and
delivered to the Province as provided for in Schedule "B".
A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to pay any amount owing
under the Agreement, Her Majesty the Queen in right of Ontario may deduct
any unpaid amount from any money payable to the Recipient by Her Majesty
the Queen in right of Ontario.
A16.0 NOTICE
A16.1 Notice in Writing and Addressed. Notice will be:
(a) in writing;
(b) delivered by email, postage -prepaid mail, personal delivery, courier or
fax; and
(c) addressed to the Province or the Recipient as set out in Schedule "B", or
as either Party later designates to the other by Notice.
A16.2 Notice Given. Notice will be deemed to have been given:
(a) in the case of postage -prepaid mail, five Business Days after the Notice
is mailed; or
(b) in the case of fax, one Business Day after the Notice is delivered; and
(c) in the case of email, personal delivery or courier on the date on which
the Notice is delivered.
A16.3 Postal Disruption. Despite section Al6.2(a), in the event of a postal
disruption:
(a) Notice by postage -prepaid mail will not be deemed to be given; and
(b) the Party giving Notice will give Notice by email, personal delivery,
courier or fax.
A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A17.1 Consent. When the Province provides its consent pursuant to the Agreement:
(a) it will do so by Notice;
(b) it may attach any terms and conditions to the consent; and
(c) the Recipient may rely on the consent only if the Recipient complies with
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any terms and conditions the Province may have attached to the
consent.
A18.0 SEVERABILITY OF PROVISIONS
A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or
enforceability of any other provision of the Agreement.
A19.0 WAIVER
A19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an
obligation under the Agreement.
A19.2 Waiver Applies. If in response to a request made pursuant to section A19.1 a
Party consents to a waiver, the waiver will:
(a) be valid only if the Party that consents to the waiver provides the
consent by Notice; and
(b) apply only to the specific obligation referred to in the waiver.
A20.0 INDEPENDENT PARTIES
A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or
employee of the Province, and the Recipient will not represent itself in any way
that might be taken by a reasonable person to suggest that it is, or take any
actions that could establish or imply such a relationship.
A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A21.1 No Assignment. The Recipient will not, without the prior written consent of the
Province, assign any of its rights or obligations under the Agreement.
A21.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on:
(a) the Recipient's successors, and permitted assigns; and
(b) the successors to Her Majesty the Queen in right of Ontario.
A22.0 GOVERNING LAW
A22.1 Governing Law. The Agreement and the rights, obligations, and relations of
the Parties will be governed by and construed in accordance with the laws of
the Province of Ontario and the applicable federal laws of Canada. Any actions
or proceedings arising in connection with the Agreement will be conducted in
the courts of Ontario, which will have exclusive jurisdiction over such
proceedings.
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A23.0 FURTHER ASSURANCES
A23.1 Agreement into Effect. The Recipient will:
(a) provide such further assurances as the Province may request from time
to time with respect to any matter to which the Agreement pertains; and
(b) do or cause to be done all acts or things necessary to implement and
carry into effect the terms and conditions of the Agreement to their full
extent.
A24.0 JOINT AND SEVERAL LIABILITY
A24.1 Joint and Several Liability. Where the Recipient comprises of more than one
entity, all such entities will be jointly and severally liable to the Province for the
fulfillment of the obligations of the Recipient under the Agreement.
A25.0 RIGHTS AND REMEDIES CUMULATIVE
A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in
substitution for, any of its rights and remedies provided by law or in equity.
A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A26.1 Other Agreements. If the Recipient:
(a) has failed to comply with any term, condition, or obligation under any
other agreement with Her Majesty the Queen in right of Ontario or one of
Her agencies (a "Failure");
(b) has been provided with notice of such Failure in accordance with the
requirements of such other agreement;
(c) has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d) such Failure is continuing;
the Province may suspend the payment of Funds for such period as the
Province determines appropriate.
A27.0 REVISED SCHEDULES
A27.1 Revised Schedules. The Province may, at any time, upon consultation with
the Recipient, provide any or all of the following:
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(a) a new Schedule "B" (Project Specific Information and Additional
Provisions);
(b) a new Schedule "C" (Project);
(c) a new Schedule "D" (Budget);
(d) a new Schedule "E" (Payment Plan); and
(e) a new Schedule "F" (Reports).
A27.2 Deemed to be Replaced. If the Province provides a new schedule in
accordance with section A27.1, the new schedule shall be deemed to be either
Schedule "B" (Project Specific Information and Additional Provisions), Schedule
"C" (Project), Schedule "D" (Budget), Schedule "E" (Payment Plan) or Schedule
"F" (Reports), as the case may be, (collectively referred to as "New
Schedules"), for the period of time to which it relates, provided that if the
Recipient does not agree with all or any of the New Schedules, the Recipient
may terminate the Agreement pursuant to section A11.1.
A28.0 SURVIVAL
A28.1 Survival. The following Articles and sections, and all applicable cross-
referenced Articles, sections and schedules, will continue in full force and effect
for a period of seven years from the date of expiry or termination of the
Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable
definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section
A7.1, A7.2 (to the extent that the Recipient has not provided the Reports or
other reports as the Province may have requested and to the satisfaction of the
Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article
A9.0, section A11.2, sections Al2.1, sections Al2.2(d), (e), (f), (g), (h), (i), and
0), Article A13.0, ArticleA14.0, Article A15.0, Article A16.0, Article A18.0, ,
section A21.2, Article A22.0, Article A24.0, Article A25.0, Article A27.0 and
Article 28.0.
- END OF GENERAL TERMS AND CONDITIONS -
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SCHEDULE "B"
PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS
Maximum Funds
$ 4,480,300
Expiry Date
March 31, 2024
Amount for the purposes
$ 5,000
of section A5.2 (Disposal)
of Schedule "A"
Insurance
$ 2,000,000
Contact information for the
Name: Ministry of Long -Term Care
purposes of Notice to the
Province
Address: 400 University Avenue, 6th Floor
Toronto ON M5G 1 S7
Attention: Kelci Gershon, Director, Policy and
Modernization Branch
Email: elci. ers o o rio.c
Contact information for the
Name: Corporation of the County of Elgin
purposes of Notice to the
Recipient
Address: 450 Sunset Drive, St. Thomas, ON N5R 5V1
Attention: Malcolm Gilpin, Chief of Paramedic
Services
Phone: 519-637-3098 x3
Email: malcolm.gilpin@memseo.com
Contact information for the
Name: Corporation of the County of Elgin
senior financial person in
the Recipient organization
Address: 450 Sunset Drive, St. Thomas, ON N5R 5V1
(e.g., CFO, CAO) — to
respond as required to
Attention: Julie Gonyou, Chief Administrative Officer
requests from the Province
related to the Agreement
Phone: (519) 631-1460 x105
Email: cao@elgin.ca
Additional Provisions:
�0
Community Paramedicine for Long -Term Care Transfer Payment Agreement 19
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SCHEDULE "C"
PROJECT
Project Objectives
The Project is a Community Paramedicine for Long -Term Care (CPLTC) program
delivered according to the CPLTC Program Framework ("the Framework"), as may be
amended from time to time by the Province. The Framework forms part of this Schedule
«C„
The objectives of the Project are to be consistent with the overall goals of the CPLTC
program as listed in the Framework.
Project Outcomes
• Reduced 911 calls,
• Reduced emergency department visits,
• Reduced hospital admissions,
• Long-term care (LTC) waitlist stabilization as more individuals avoid going into
crisis,
• Delayed entry into LTC home,
• Increased integration with Home and Community Care and Primary Care, and
• Peace of mind for individuals, families and caregivers while waiting for a LTC
placement.
Project Activities
The Project will be delivered by Medavie EMS Elgin Ontario in the area served by
Medavie EMS Elgin Ontario.
The Project will consist of delivering the following activities, based on identified
community needs for services that will benefit those eligible or soon to be eligible for
LTC, according to the Framework:
• 24/7 access to one or more of the following defined non -emergency procedures
in people's own homes addressing urgent, episodic care needs:
o diagnostic procedures, assessment and testing during routine home visits,
where allowed under appropriate medical oversight;
o at-home treatment under supervision of a physician, where required;
o at-home treatment of minor conditions (e.g. falls, lacerations, bruises)
Prompt, flexible and proactive response to an individual's changing
circumstances or medical conditions, and if necessary, connecting them to the
right health care provider and social services at the right time in order to avoid
escalation and crisis.
Delivering routine -based remote monitoring of one or more of the following:
o blood pressure,
o heart rate,
0 oxygen saturation,
o blood glucose,
o weight,
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o temperature,
Immunizations, vaccinations and other injections (e.g. tetanus),
Certain other controlled medical procedures and treatments at home under
appropriate medical oversight.
Accountability
In respect of the Project, the Recipient will:
• Oversee program accountability to ensure services and program meet program
guidelines and maximize resources;
• Report back to the Ministry of Long -Term Care regarding program accountability
and evaluation, as outlined in Schedule "F";
• Coordinate with the South West Home and Community Care Support Services
for the purposes of:
o reviewing the long-term care waitlist to determine patient suitability for the
CPLTC program,
o receiving and sending referrals, and
o sharing information for patient care and evaluation, according to
applicable privacy legislation.
• Ensure that individuals providing community paramedicine services will have the
required medical oversight according to applicable provincial requirements, and
conform to any new oversight model the Province may require; and
• Ensure that individuals providing community paramedicine services will abide by
all applicable legislation and regulations.
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SCHEDULE "D"
BUDGET
ITEM
2021-2022
2022-2023
2023-2024
Funding Year
Funding Year
Funding Year
ENMEM
Salaries and Wages
$79,220
$866,392.00
$998,073.00
Overtime Wages /
p
$110,825.00
$0.00
Premiums
Total - Salaries and
$79220
$977,217.00
$998,073.00
Wages
Employee Benefits
$22,181
$221,300.00
$381,949.00
Total - Employee Benefits
$22,181
$221,300.00
$381,949.00
Total - Staffing
$101,401
$1,198,517.00
$1,380,022.00
Operating
$2,500
$59,500.00
$59,500.00
Leasing
$0
0
0
Purchasing
$150,000
$0.00
0
Total - Vehicle costs
$152,500
$59,500.00
$59,500.00
NNINEM
Medical Supplies
$37,816
mom
36,300.00
$48,400.00
Medications
$0
0
$0.00
Total - Medical costs
$37,816
36,300.00
$48,400.00
igloos=
OEM
Uniforms/PPE
$6,000
$22,000.00
28,000.00
Medical equipment
$168,500
$26,000.00
$26,000.00
Total - Equipment
$174,500
$48,000.00
$54,000.00
Computers, telephones
$113,000
$40,000.00
$40,000.00
Database licences
$7,000
$13,200.00
$15,000.00
Connectivity
$25,000
$34,200.00
$34,200.00
Remote monitoring
equipment and operating
$0
$45,000.00
$55,000.00
costs
Total - Technology costs
$145,000
$132,400.00
$144,200.00
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ITEM
2021-2022
2022-2023
2023-2024
Funding Year
Funding Year
Funding Year
Costs exclusive to CPLTC
$127,700
65,504.00
$66,814.00
training
Total - Training and
$127,700
65,504.00
$66,814.00
development
Reporting and program
$0
$147,135.00
$170,770.00
coordination
Office supplies
$82,183
$24,044.00
$24,094.00
Total -Administrative costs
$82,183
$171,179.00
$194,864.00
Total - Other Expenditures
$719,616
$512,839.00
$567,684.00
Total
$821,100
$1,711,400.00
$1,947,800.00
Maximum Funds, Up To
$821,100
$1,711,400.00
$1,947,800.00
The Recipient may move up to 25% once per Funding Year amongst budget lines
without prior written consent from the Province so long as a rationale is provided during
the financial reporting process. Written consent from the Province is required should the
Recipient seek to move more than 25% of the funding amongst budget lines.
Eligible costs are subject to prior approval by the Province and must relate to the
planning of the Project or provision of services to eligible CPLTC program participants
within each Funding Year.
Eligible costs:
• Staffing, including salaries, wages and benefits;
• Vehicles costs, including operating, leasing or purchasing costs;
• Medical supplies;
• Equipment, including uniforms and personal protective equipment;
• Technology costs, including computers, telephones, database licenses,
connectivity and remote monitoring equipment and operating costs;
• Training and development exclusive to the CPLTC program; or
• Administrative support and supplies, including reporting and program
coordination, office supplies.
Ineligible costs:
• Advocacy costs;
• Refundable expenses;
• Costs already funded by the Province or another government;
• Physician fees for direct service or sessional fees;
• Laboratory fees or the provision of drugs that are funded through separate
mechanisms (e.g., Ontario Health Insurance Plan (OHIP), Ontario Drug Benefit
(0DB))-7
• Any costs covered under the Ontario Health Insurance Plan (OHIP);
Community Paramedicine for Long -Term Care Transfer Payment Agreement 23
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• Consulting costs; and
• Costs unrelated to delivering or planning the Project.
Pursuant to Section A13.1, unspent funds and funds not used for the intended and
approved purposes may be recovered by the Province. Funding will be reconciled as
part of the ministry's annual settlement process.
Community Paramedicine for Long -Term Care Transfer Payment Agreement 24
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SCHEDULE "E"
PAYMENT PLAN
The Province shall provide the Funds to the Recipient in quarterly payments throughout
each Funding Year, as set out below. Funds will be paid to the Recipient in advance, at
the beginning of each quarter.
PAYMENT DATE
FUNDS
(2021/2022 FUNDING YEAR)
March 2022
$821,100
TOTAL MAXIMUM FUNDS, up to
$821,100
PAYMENT DATE
(2022/2023 FUNDING YEAR)
FUNDS
April 2022
$427,850
July 2022
$427,850
October 2022
$427,850
January 2023
$427,850
TOTAL MAXIMUM FUNDS, up to
$1,711,400
PAYMENT DATE
(2023/2024 FUNDING YEAR)
FUNDS
April 2023
$486,950
July 2023
$486,950
October 2023
$486,950
January 2024
$486,950
TOTAL MAXIMUM FUNDS, up to
$1,947,800
Community Paramedicine for Long -Term Care Transfer Payment Agreement 25
Corporation of the County of Elgin
417
SCHEDULE "F"
REPORTS
FINANCIAL REPORTING
In 2021-22, the recipient must report on financial spending by completing and
submitting the Final (year-end) Financial Report in their Transfer Payment Ontario
(TPON) portal, due on May 31st, 2022.
For every subsequent fiscal year, the recipient must report on financial spending by
completing and submitting the Interim (Q3) financial report and the Final (year-end)
Financial Report in their Transfer Payment Ontario (TPON) portal.
• The Interim (Q3) financial report is due on January 31st of each fiscal year
• The Final (year-end) financial report is due on May 31st of each fiscal year
PERFORMANCE METRICS
I. Bi-Weekly Reporting
Once their CPLTC program has been implemented (i.e. first client rostered), the
Recipient must report the following performance metrics to the Province every
two weeks
Number of clients receiving services within the reporting period; and
Number of clients who have received services to date.
II. Quarterly Reporting
In order to support the analysis and evaluation of the CPLTC program, the
Recipient must report performance metrics to the Province on a quarterly and
year-end basis:
Report Performance Indicators
Due Date
Q1 Report (April -May -June)
July 31
Q2 Report (July -August -September)
October 31
Q3 Report October -November -December
January 31
Year -End Report
April 30
As part of this quarterly and year-end reporting, the Recipient must report the
following data to the Province:
Patient profile, including health card number, patient's age, behavioural
symptoms, presence of chronic conditions, and living arrangements;
Program information, including enrollment/discharge date, reasons of
discharge, and referrals;
Services provided, including number of visits (in-person/virtual) and types
of services;
Community Paramedicine for Long -Term Care Transfer Payment Agreement 26
Corporation of the County of Elgin
418
As part of the bi-annual qualitative reporting required, the Recipient must report the
following data to the Province through a client/caregiver satisfaction survey:
• Client/caregiver satisfaction/perspective on whether Community
Paramedicine helped them being stable at home;
• Client/caregiver perspective on whether Community Paramedicine was
helpful in term of managing their usage of the broader health system (e.g.,
911 calls, emergency department visits); and
• Community Paramedicine partner (home and community care/primary
care) satisfaction.
Programs are required to submit surveys to the province at the end of the first and third
quarter (Q1 and Q3).
Community Paramedicine for Long -Term Care Transfer Payment Agreement 27
Corporation of the County of Elgin
419