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04 - February 8, 2022 County Council Agenda PackageTABLE OF CONTENTS Orders — Tuesday, February 8, 2022.......................................................... 3 Elgin County Council Minutes — January 11, 2022......................................... 4 Elgin County Council Minutes — January 31, 2022......................................... 22 Elgin County Council Minutes — February 2, 2022......................................... 27 Delegation — STEPLIP............................................................................. 31 ReportsIndex......................................................................................... 103 Report — Warden's Activity Report (January) and COVID-19 Update ................... 105 Report — Environmental Committee Request for Funding ................................ 110 Report — Terrace Lodge Redevelopment Construction Progress Update............ 117 Report — Homes — Long -Term Care Home Service Accountability Agreement..... 132 Report — Procurement Activity Report (October 1, 2021 to December 31, 2021) 140 Report — Elgin County Museum Advisory Committee 2022 Membership............ 144 Report — HR Policies: 9.60 `Paid Sick Leave / Short-term Disability' & 5.20 `Benefit Premium Payments'..................................................................... 147 Report — SCOR Short Line Rail.................................................................. 157 Report — Local Business Accelerator Program ............................................. 161 Report — Draft Plan of Condominium Approval — The Ridge at Talbotville Grove 165 Report — Draft Plan Approval of Vacant Land Condominium ............................ 179 Report — Dutton Land Holdings Development — Currie Road ........................... 188 Report — Elgin (County) / Eh!tel Networks Inc. — Telecommunication Equipment Consent and Road User Agreement........................................................... 193 Report — Whites Station Operations Centre Antenna Communications Tower Inspection............................................................................................ 211 Report — Terrace Lodge Redevelopment — Revised Development Agreement...... 214 Report — Bank Street (South of Catfish Creek) — Re -Addition to Elgin County HighwaySystem.................................................................................... 288 Report — TVDSB Trustee Distribution for 2022-2026...................................... 293 Report — Transfer Payment Agreement for the Municipal Modernization Program............................................................................................... 297 Report — COVID-19 Emergency Team Planning — January Update .................... 302 Correspondence — Items for Information Index ............................................. 323 Correspondence — Media Release from the Community Schools Alliance........... 324 Correspondence — SWIFT Monthly Project Update for December 2021............. 354 Correspondence — County of Elgin Homes January 2022 Newsletter ................ 360 Correspondence — Letter from the Ministry of Municipal Affairs and Housing...... 362 Correspondence — Letter from the Town of Aylmer ....................................... 367 Correspondence — Letter from the Town of Aylmer ....................................... 369 Closed Session Agenda — February 8, 2022................................................ 370 By -Law 22-09 — Non -Union Remuneration................................................... 371 By -Law 22-10 — Transfer Payment Agreement .............................................. 374 By -Law 22-11 — Adding Highways to the Elgin County Highway System ............ 376 `a ORDERS OF THE DAY For Tuesday, February 8, 2022, 9:00 AM 1St Meeting Called to Order 2°d Adoption of Minutes —January 11, 2022; January 31, 2022; February 1, 2022 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATIONS: 9:00 a.m. — St. Thomas Elgin Local Immigration Partnership — Petrusia Hontar 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 Motion to Adopt Recommendations from the Committee of the Whole 13th Consideration of By -Laws 14th Adjournment VIRTUAL MEETING: IN -PERSON PARTICIPATION RESTRICTED NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: //ww ,c,oir Ig.�InQ,.4�nf:VlElrr�ii::i.( Accessible formats available upon request. 3 of A�rriro,�l�l/((lliil��j�l(/� Elgiri Pmgmv. Pwe Pay fd afaaae A110ILI[K0TI]LIN WK01001L[QII MINUTES January 11, 2022 Elgin County Council met this 11th day of January 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 (electronic) Councillor Duncan McPhail (electronic) Councillor Bob Purcell (electronic) Councillor Sally Martyn (electronic) Councillor Grant Jones (electronic) Councillor Dave Mennill (electronic) Councillor Dominique Giguere (electronic) Councillor Ed Ketchabaw (electronic) Staff Present: Julie Gonyou, Chief Administrative Officer (Council Chambers) Brian Lima, General Manager of Engineering, Planning & Enterprise/Deputy Chief Administrative Officer (electronic) Brian Masschaele, Director of Community & Cultural Services (electronic) Michele Harris, Director of Homes and Seniors Services (electronic) Stephen Gibson, County Solicitor (electronic) Nick Loeb, Senior Counsel (electronic) Amy Thomson, Director of Human Resources (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 Martyn RESOLVED THAT the minutes of the meetings held on December 7 & 9, 2021 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 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. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 1► rem 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Ketchabaw Seconded by: Councillor Purcell 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 8 1 0 Motion Carried. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden's Activity Report (December) & 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: Deputy Warden Marks Seconded by: Councillor Jones RESOLVED THAT the report titled "Warden's Activity Report (December) & COVID-19 Update" dated January 4, 2022 from Warden French 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. 6.2 Annual Council Committee Update: South Central Ontario Region —Warden French and 2021 Warden Marks Warden French presented the report highlighting the activities and achievements of South Central Ontario Region (SCOR) that were accomplished in 2021. Moved by: Deputy Warden Marks 5 Seconded by: Councillor Ketchabaw RESOLVED THAT the report titled "Annual Council Committee Update: South Central Ontario Region" dated November 21, 2021 from Warden French and 2021 Warden Marks be received and filed; and THAT continued investment of $25,000 for membership in South Central Ontario Region Economic Development Corporation (SCOR) be considered as part of the 2022 Budget deliberations. 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 8 1 0 Motion Carried. 6.3 2022 Community Grant Program Allocations — Councillor Ketchabaw Councillor Ketchabaw presented the report that reviewed the 2022 Community Grant Program allocations as recommended by the Rural Initiatives and Planning Advisory Committee. Moved by: Councillor Giguere Seconded by: Councillor Ketchabaw RESOLVED THAT the report titled "2022 Community Grant Program Allocations" dated January 5, 2022 from Councillor Ketchabaw, Chair of the Rural Initiatives and Planning Advisory Committee be received and filed; and THAT Council approve the 2022 Community Grant Program allocations as referenced in Table 1-1: 2022 Community Grant Program Allocations; and THAT the 2022 Community Grant Program allocations be considered as part of the 2022 Elgin County Budget process. 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. 6.4 Homes — Infection Control Policy 2.10 — Immunization — Staff COVID-19 and 2.23 Pandemic Prevention and Control — Staff Testing; and Administration Policy 1.35 — Visitors and Resident Absences During a Pandemic — Director of Homes and Seniors Services The Director of Homes and Seniors Services presented the report recommending updates to Infection Control Policy 2.10 "Immunization — Staff COVID-19", Infection Control Policy 2.23 "Pandemic Prevention and Control — Staff Testing" and Administration Policy 1.35 "Visitors and Resident Absences During a Pandemic". Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT the report titled "Homes — Infection Control Policy 2.10 Immunization — Staff COVID-19 and 2.23 Pandemic Prevention and Control — Staff Testing, and Administration Policy 1.35 Visitors and Resident Absences During a Pandemic" dated January 4, 2022 be received and filed; and THAT Council approve the adoption of the "Homes — Infection Control Policy 2.10 — Immunization — Staff COVID-19 and 2.23 Pandemic Prevention and Control — Staff Testing; and Administration Policy 1.35 Visitors and Resident Absences During a Pandemic" policy changes. 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. 6.5 Elgin County Library Policy Revision — "Displays, Bulletin Boards and Petitions" — Director of Community and Cultural Services The Director of Community and Cultural Services presented the report recommending revisions to Elgin County Library's policy for "Displays, Bulletin Boards and Petitions" as part of an on -going review of library policies. Moved by: Councillor Purcell Seconded by: Councillor Martyn RESOLVED THAT the report titled "Elgin County Library Policy Revision — Displays, Bulletin Boards and Petitions" from the Director of Community and Cultural Services dated January 5, 2022 be received and filed; and THAT the policy "Displays, Bulletin Boards and Petitions" as presented in the report as Appendix A be hereby 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. 6.6 HR Policies — 8.26 "Substance Use" & 3.30 "Employment of Relatives" — Director of Human Resources The Director of Human Resources presented the draft Human Resources Policy 8.26 "Substance Use" and Policy 3.30 "Employment of Relatives" for Council's consideration. Moved by: Councillor Jones Seconded by: Councillor McPhail RESOLVED THAT Human Resources Policies 8.26 "Substance Use" and 3.30 "Employment of Relatives" be approved as drafted by County Council; and THAT the report titled "HR Policies 8.26 'Substance Use' & 3.30 'Employment of Relatives"' dated January 11, 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. 6.7 2022 Non -Union Economic Increase Recommendation — Director of Human Resources The Director of Human Resources presented the report recommending Council's approval of a 2% wage increase for non -union staff and Council effective the first full pay period of 2022. Moved by: Councillor Mennill Seconded by: Councillor Giguere RESOLVED THAT County Council approve a non -union economic adjustment of 2% effective the first full pay period of 2022; and THAT the necessary by-law be prepared. 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 Bayham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 1 0 Motion Carried. 6.8 Official Plan Review— Discussion Paper #4 — Housing and Affordability — General Manager of Engineering, Planning & Enterprise/Deputy CAO The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report titled "Official Plan Review - Discussion Paper #4 — Housing and Affordability" that was presented to the Rural Initiatives and Planning Advisory Committee on December 3, 2021 as part of the County's Official Plan Review process. Moved by: Councillor Ketchabaw Seconded by: Councillor Jones RESOLVED THAT the report titled "Official Plan Review — Discussion Paper #4 — Housing and Affordability" from the General Manager of Engineering, Planning & Enterprise/Deputy CAO dated December 7, 2021 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 Bayham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6.9 Approval for Official Plan Amendment No. 27, Partial Services in the Village of Straffordville and Hamlet of Eden, Municipality of Bayham File No. BA OPA 27-21; Applicant: Municipality of Bayham — General Manager of Engineering, Planning & Enterprise/Deputy CAO The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report providing Council with information required in order to consider granting approval to Official Plan Amendment No. 27 to the Municipality of Bayham Official Plan, File No. BA OPA 27-21. Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 27 to the Municipality of Bayham Official Plan, File No. BA OPA 27-21; and THAT staff be directed to provide notice of this decision in accordance with the Planning Act; IT BEING NOTED that upon adoption of the County's Official Plan Review and associated amendments, the Municipality of Bayham initiate an Official Plan Amendment to ensure conformity with the County of Elgin Official Plan. 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. 6.10 Tender Award: Contract T21-279 Clachan Road Bridge Rehabilitation — General Manager of Engineering, Planning & Enterprise/Deputy CAO The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the results of the tender for the Clachan Road Bridge Rehabilitation project administered by the Municipality of Chatham -Kent on behalf of the County of Elgin. Moved by: Councillor McPhail Seconded by: Councillor Jones RESOLVED THAT the report titled "Tender Award: Contract T21-279 Clachan Road Bridge Rehabilitation" dated December 7, 2021 from the General Manager of Engineering, Planning & Enterprise/Deputy CAO 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. 6.11 Imperial Road Roadside Safety Review— Port Bruce— General Manager of Engineering, Planning & Enterprise/Deputy CAO The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report outlining the request received from the Township of Malahide to consider the installation of a guide rail on Imperial Road within the Village of Port Bruce. Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw RESOLVED THAT the report titled "Imperial Road Roadside Safety Review— Port Bruce" dated December 21, 2021 from the General Manager of Engineering, Planning & Enterprise/Deputy CAO be received and filed. 10 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 Terrace Lodge Redevelopment Steering Committee January Update — General Manager of Engineering, Planning & Enterprise and Chief Administrative Officer The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report summarizing several critical and time sensitive items considered by the Terrace Lodge Redevelopment Steering Committee at its meeting on January 4, 2022. Moved by: Councillor Purcell Seconded by: Deputy Warden Marks WHEREAS the Terrace Lodge Redevelopment Steering Committee met on January 4, 2022 to review project changes and directed staff to provide County Council with a summary of project changes and new expenditures for review and approval; now therefore be it resolved THAT the report titled "Terrace Lodge Redevelopment Steering Committee January Update" dated January 4, 2022 from the General Manager of Engineering, Planning & Enterprise/Deputy CAO and Chief Administrative Officer be received and filed; and THAT Council approve an increase in the Terrace Lodge Redevelopment Project's Project Management scope of work previously awarded to D. Grant Construction Limited in the amount of $415,000 for the installation of Communications and Security Infrastructure; and THAT Council consent to including $51,506 in the Terrace Lodge Project Management budget for Interior Design Services related to Furniture, Fixtures & Equipment; and further THAT Council authorize the reallocation of $40,000 identified in the Furniture, Fixtures and Equipment budget for the Terrace Lodge Phone System to the construction budget allowance for a total combined project budget allowance of $554,473. 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 m Aylmer Warden Mary French I X TOTAL 1 9 1 0 1 0 Motion Carried. 6.13 Planning Services — By -Law No. 22-01 — General Manager of Engineering, Planning & Enterprise/Deputy CAO The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report recommending approval of By -Law No. 22-01 "Being a By - Law to Delegate Certain Authorities Vested in the Council of the Corporation of the County of Elgin as the Approval Authority with respect to Plans of Subdivision, Plans of Condominium, and Part Lot Control By -Laws Pursuant to Section 22 and 51 of the Planning Act, to the Manager of Planning for the County of Elgin and to Repeal By -Law No. 20-32". Moved by: Councillor Jones Seconded by: Councillor Giguere RESOLVED THAT the report titled "Planning Services — By -Law No. 22-01" dated January 4, 2022 from the General Manager of Engineering, Planning & Enterprise/Deputy CAO be received and filed; and THAT County Council approve and authorize By -Law No. 22-01 as included in the January 11, 2022 Council Agenda Package. 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 Medavie EMS Elgin Ontario (MEMSEO) Community Paramedicine Program — Chief Administrative Officer and Manager of Emergency Management The Chief Administrative Officer presented the report highlighting the Community Paramedicine Program in Elgin County. Moved by: Councillor McPhail Seconded by: Councillor Martyn RESOLVED THAT the report titled "Medavie EMS Elgin Ontario (MEMSEO) Community Paramedicine Program" dated December 30, 2021 from the Chief Administrative Officer and the Manager of Emergency Management 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 12 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 Electronic Digital Signatures Policy 1.9 — Chief Administrative Officer The Chief Administrative Officer presented the Electronic Digital Signature policy for Council's approval. Moved by: Councillor Giguere Seconded by: Councillor Mennill RESOLVED THAT the report titled "Electronic Digital Signatures Policy No. 1.9" dated January 4, 2022 from the Chief Administrative Officer be received and filed; and THAT Elgin County Council approve the Electronic Digital Signatures Policy No. 1.9 as presented. 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 COVID-19 Vaccination Verification Policy— Chief Administrative Officer The Chief Administrative Officer presented the report recommending amendments to Policy No. 8.390 — COVID-19 Vaccination Verification Policy. Moved by: Councillor Jones Seconded by: Deputy Warden Marks RESOLVED THAT the report titled "COVID-19 Vaccination Verification Policy" dated January 4, 2022 from the Chief Administrative Officer be received and filed; and THAT Elgin County Council approve the amendments to Policy No. 8.390 — COVID- 19 Vaccination Verification Policy as presented. 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 13 Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6.17 COVID-19 Emergency Team Planning —December 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: Deputy Warden Marks Seconded by: Councillor McPhail RESOLVED THAT the report titled "COVID-19 Emergency Team Planning — December Update" dated January 4, 2022 from the Chief Administrative Officer 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. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Councillor Grant Jones, Chair, Environmental Advisory Committee with a letter requesting that Council allocate $10,000 for the installation of a pollinator garden and native pollinator plants at County -owned facilities. Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT County Council allocate $10,000 for the installation of a pollinator garden and native pollinator plants at County -owned facilities. 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 3 6 0 Motion Defeated. 14 Moved by: Councillor Purcell Seconded by: Councillor McPhail RESOLVED THAT staff be directed to send correspondence to the Environmental Committee suggesting that additional information with respect to the installation of a pollinator garden and native pollinator plants at County -owned facilities be provided 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 8 1 0 Motion Carried. 7.1.2 Municipality of Dutton Dunwich with a resolution requesting the County of Elgin consider the costs and feasibility of constructing a left-hand turn lane heading south from the intersection of Pioneer Line and Currie Road to Street A of the Dutton Land Holdings Development, and that the County of Elgin bear the costs for the construction of a pork chop island and the turning lane at this intersection. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw RESOLVED THAT staff be directed to determine the costs and feasibility associated with the construction of left-hand turning lane at the intersection of Pioneer Line and Currie Road to Street A of the Dutton Land Holdings Development; and THAT staff report back to County Council at a later date. 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. 7.2 Items for Information (Consent Agenda) 1► rem 15 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill 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 (b) personal matters about an identifiable individual, including municipal or local board employees, (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 — Procurement In -Camera Item #2 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update 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. 10. MOTION TO RISE AND REPORT Moved by: Deputy Warden Marks 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 16 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 — Procurement Moved by: Councillor Jones Seconded by: Councillor McPhail 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 — Oraanizational Uodate Moved by: Councillor Purcell 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 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 Giguere Seconded by: Deputy Warden Marks RESOLVED THAT we do now adopt recommendations of the Committee Of The Whole. 17 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. 22-01 — Delegate Planning Authority BEING a By -Law to Delegate Certain Authorities Vested in the Council of the Corporation of the County of Elgin as the Approval Authority with respect to Plans of Subdivision, Plans of Condominium and Part Lot Control By -Laws Pursuant to Section 22 and 51 of the Planning Act to the Manager of Planning for the County of Elgin and to Repeal By -Law No. 20-32. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT By -Law No. 22-01 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. 12.2 By -Law No. 22-02 — Repeal By -Law No. 18-26 BEING a By -Law to Repeal By -Law No. 18-26, as a By -Law to Remove and Prohibit the Right of Passage Over a Portion of the Lewis Street Road Allowance (South of the Travelled Portion of Rush Creek Line) in the Township of Malahide in the County of Elgin. Moved by: Councillor Mennill Seconded by: Councillor Giguere RESOLVED THAT By -Law No. 22-02 be now read a first, second and third time and finally passed. 18 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. 22-03 — Repeal By -Law No, 18-22 BEING a By -Law to Repeal By -Law No. 18-22 as a By -Law to add Highways, including Lower Tier Highways, to the Highway System for the Corporation of the County of Elgin. Moved by: Councillor Purcell Seconded by: Councillor McPhail RESOLVED THAT By -Law No. 22-03 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. 12.4 By -Law No. 22-04 —Authorize Speed Limits BEING a By -Law to Amend the Schedule to By -Law No. 20-58 Being a By -Law to Authorize Speed Limits. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT By -Law No. 22-04 be now read a first, second and third tme 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 19 Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 12.5 By -Law No. 22-05 — Regulation of Traffic BEING a By -Law to Amend the Schedule to By -Law No. 20-05 Being a Consolidated By -Law for the Regulation of Traffic including Parking on County Roads. Moved by: Councillor Giguere Seconded by: Councillor Martyn RESOLVED THAT By -Law No. 22-05 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. 12.6 By -Law No. 22-06 —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 January 11, 2022 Meeting. Moved by: Councillor Ketchabaw Seconded by: Deputy Warden Marks RESOLVED THAT By -Law No. 22-06 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. 20 13. ADJOURNMENT Moved by: Councillor Purcell Seconded by: Councillor Jones RESOLVED THAT we do now adjourn at 11:37 a.m. to meet again on February 8, 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 - Motion Carried. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 21 of A�rriro,�l�l/((lliil��j�l(/� Elgiri Pmgmv. Pwe Pay fd afaaae A110ILI[K0TI]LIN WK01001L[QII MINUTES January 31, 2022 Elgin County Council met this 315t day of January 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) Stephen Gibson, County Solicitor (Council Chambers) Katherine Thompson, Manager of Administrative Services/Deputy Clerk (electronic) Carolyn Krahn, Legislative Services Coordinator (Council Chambers) 1. CALL TO ORDER The meeting convened at 2:00 p.m. with Warden French in the chair. 2. ADOPTION OF MINUTES 1► rem 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw 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 Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill Absent Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 22 - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF None. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration None. 7.2 Items for Information (Consent Agenda) None. E:�i119:1:1:a:11'&y1Ll1*may 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Moved by: Councillor Jones Seconded by: Deputy Warden Marks 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 (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations — Organizational Review In -Camera Item #2 (a) the security of the property of the municipality or local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; (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 — Property Matter 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 Absent Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 23 Motion Carried. Moved by: Deputy Warden Marks 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 - Organizational Review Moved by: Councillor Jones Seconded by: Councillor Martyn 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 - Property Matter Moved by: Councillor McPhail 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 24 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 Mennill Seconded by: Councillor Jones 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. 22-07 — 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 January 31, 2022 Meeting. Moved by: Deputy Warden Marks Seconded by: Councillor Martyn RESOLVED THAT By -Law No. 22-07 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 13. ADJOURNMENT Moved by: Councillor Jones Seconded by: Councillor Purcell Motion Carried. 25 RESOLVED THAT we do now adjourn at 4:16 p.m. to meet again on February 1, 2022 at 1 P.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 - Motion Carried. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 26 of A�rriro,�l�l/((lliil��j�l(/� Elgiri Pmgmv. Pwe Pay fd afaaae A110ILI[K0lIJLINWK010 11L[QII MINUTES February 1, 2022 Elgin County Council met this 1st 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) Councillor Duncan McPhail (Council Chambers) Councillor Bob Purcell (electronic) Councillor Sally Martyn (electronic) Councillor Grant Jones (Council Chambers) Councillor Dave Mennill (Council Chambers) Councillor Dominique Giguere (Council Chambers) Councillor Ed Ketchabaw (Council Chambers) Regrets: Deputy Warden Tom Marks (notice provided in advance) 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) Amy Thomson, Director of Human Resources (electronic) Michele Harris, Director of Homes and Seniors Services (electronic) Jeff Brock, Director of Information Technology Services (electronic) Jennifer Ford, Manager of Financial Services/Deputy Treasurer (Council Chambers) Katherine Thompson, Manager of Administrative Services/Deputy Clerk (electronic) Jeff VanRybroeck, Manager of Emergency Management (electronic) Kate Burns Gallagher, Manager of Economic Development & Tourism Mathew Waite, Financial Analyst (electronic) Jenna Fentie, Legislative Services Coordinator (Council Chambers) 1. CALL TO ORDER The meeting convened at 1:00 p.m. with Warden French in the chair. f��e1 Biel i 9101 Ll to] MLVAI I Rlj 9 *1 None. K�QRIG] 11i3illN:9i1Max6111Lll/i1:raILl1119:1N*3riUl1j9:I:9r1:1LlIA:L10Ll/illILIJ:J:09a:1:Jxi19 None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Ketchabaw 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 27 Page 2 February 1, Southwold Councillor Grant Jones X Central Elgin Councillor Sally Mart n X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Budget 2022 — Manager of Financial Services/Deputy Treasurer The Manager of Financial Services/Deputy Treasurer provided a presentation updating County Council on the budget review process undertaken by the County of Elgin Budget Committee. Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail RESOLVED THAT the 2022 be approved as presented; and THAT the 2023 to 2031 budget with Option #1 be accepted in principle; and THAT the Landfill ratio be accepted in principle to be amended as per regulation 95-17 once updated for 2022; and THAT Staff proceed to include the Small -Scale On -Farm Business Subclass in the tax ratios beginning in 2022; and THAT the recommended Tax Rate increase of 1.68% (3.85% increase on the Levy) be accepted in principle and amended once the Landfill Rate is set; and THAT staff proceed with an application to Infrastructure Ontario to finance the Terrace Lodge Redevelopment Project and bring a report to Council to further the process before the Provincial Election. 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 Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 - Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration None. 7.2 Items for Information (Consent Agenda) None. 28 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS None. 10. MOTION TO RISE AND REPORT None. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Mennill Seconded by: Councillor Jones 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 Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 - Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 22-08 — 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 1, 2022 Meeting. Moved by: Councillor Giguere Seconded by: Councillor Purcell RESOLVED THAT By -Law No. 22-08 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 29 Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 Motion Carried. 13. ADJOURNMENT Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT we do now adjourn at 1:46 p.m. to meet again on February 8, 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 Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 8 0 0 - Motion Carried. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 30 2022-02-01 SURVEY EXPERIENCES OF DISCRIMINATION IN ST. THOMAS Development AND ELGIN St. Thomas and Elgin County 8 Local Immigration Partnerships from around Southwestern Ontario Western University, Network for Economic and Social Trends The survey was developed combining questions used in previous studies 31 1 2022-02-01 Survey Participants Participants were screened by telephone call Immigrants and visible minorities 1.48 186 38 Directed to an anonymous online survey Indigenous Peoples 140 1.03 -37 White, non - immigrants z5o zz8 -32 3 4 Percentage of Respondents Who Experienced Discrimination in One or More Contexts in the Past Three Years Irnrnigirants & visible Minorities IN IIndigenous Peoples N White Non -immigrants 32 2 2022-02-01 I Experiences of Discrimination by Age 94 0% 98.0% 875% 76.5% 783% 80.0% 6 8. 5 46.9% o.o% 42.9% 44 4% Ni 293% N Immigrants& Visible Minorities Indigenous Peoples White Non -immigrants m 18 - 3o years Z 31 - 40 years 1141 - So years 51 years and above Note: Due to the small cell sizes, the findings for Indigenous Peoples aged 51 years old and above and the findings for White Non -immigrants aged 18 to 30 years old and 31 to 40 years old are suggestive only. Experiences of Discrimination by Highest Level of Education 78 79/Ci 7� 9% 59 51/o Immigrants & Visible Minorities 918% 95.8% 84 -9/Ci I II J25..% ji� .................... Indigenous Peoples 47 4-0% 30.6% ..................................... White Non -immigrants 2 Secondary or less = College/vocational I Undergraduate 94 Graduate degree/Professional degree 33 3 2022-02-01 7 I Experiences of Discrimination by Household Earning go.0% 84.2% 85.4% 75 9% III 65.9% { 577% { � 39 38.i/o 34 % w { { !1 G ..................: Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants N Less than $45,000 — s45,001to s8o,000 1 s8o,00i and more Experiences of Discrimination by Length of Residence 94.�% 833% 85.o% 86.4% 77.8% 70.8% 64.7% 61 z% 533% 375% 33 3% i3 3% V I 'en u i 4 Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants 0<5 Years 5to io years 110t020 years V 20 years 34 4 2022-02-01 I 10 Percentage of Respondents Who Experienced Discrimination by Religion 81.6M 66.79/0 66.79/0 63.0% 60.0% iln in in in Otherand multiple religions Christian Muslim No religion (atheist or Hindu agnostic) Note: The "Other and Multiple" religions category includes people who indicated that they are Baha'i, Buddhist, Jewish, Mennonite, Traditional / Spirituality, Sikh, or other, as well as people who indicated more than one religion. Percentage of Respondents Who Experienced Discrimination by Ethnicity/Race 86.7% 8G.o% 66.7% 63.4% 43.8 % MINIMUM MINIMUM Black Other and multiple East and Southeast South Asian White categories Asian 35 5 2022-02-01 11 12 Percentage of Respondents Who Experienced Discrimination as a Function of their Immigrant and Visible Minority Statuses 7z.1% 68.0% 6z.o% Immigrant visible minority Non-immigrant visible minority Immigrant non -visible minority Average Number of Contexts in Which Respondents Experienced Discrimination in the PastThreeYears 8.36 4 75 145 Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants 36 6 2022-02-01 13 14 Context of Discrimination 34.9%when interacting with neighbours 33.3% when using public areas such as parks and sidewalks 30.1%when applying for program or benefits 29.6% when looking for housing 29%when using libraries, community, recreational centres, arenas Contexts in Which Discrimination Occurred o Q ei. 4� o c 4 ` to ,o m"� 1 a a al to Z. Via. a an c lad' w.,I rnrn i qbalm a rid vi,,i lJ le rn'i n or Ll e Inrl'i'l rius People, Files -White lVor r grants 37 7 2O22-O2-01 15 16 Basis of Discrimination 411 7" Type of Discrimination 411 38 8 2022-02-01 17 18 Average Use of Active and Passive Coping Strategies in Response to Discrimination 3-36 . ............ 3.18 3.12 .... 2.96 2 70 244 h. . . . . . . . .................... Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants a Active Coping = Passive Coping Note: Possible responses could range from never (1) to always (5). Average Feelings of Exclusion, Shame, Powerlessness, and Discouragement in Response to Discrimination 2.92 2.67 2.6 2.19 'NX Immigrants & Visible Minorities 3.12 2.89 2.83 Indigenous Peoples E Exclusion =Shame 11 Powerlessness Note: Possible responses could range from never (1) to always (5). 2-59 2.-.:2 2.28 88 White Non -immigrants %: Discouragement 39 9 2022-02-01 19 20 Average Experiences of Anxiety and Depression in Response to Discrimination 2.65 2.64 i Immigrants & Visible Minorities 3.19 3.20 • Indigenous Peoples Anxiety Depression Note: Possible responses could range from never (1) to always (5). 2.50 241 White Non -immigrants Average Feelings of Acceptance and Welcome q.o6 3.80 3 69 3 55 3.19 3.20 Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants it Experienced Discrimination - Never or Rarely Experienced Discrimination Note: Possible responses could range from never (1) to always (5). 40 10 2022-02-01 21 22 Next Steps Embedding Equity, Diversity and Inclusion within their practices Recruiting diverse voices to run for Municipal Council in upcoming elections Inclusion and integration at municipality as occurs in other neighbouring communities Chatham Kent, Municipality of Chatham Kent, Community Attraction and Promotion Division Newcomer Strategy - City of London Strategic Programs and Partnerships LIP Council Participation City of Guelph and Wellington County, Housing and Child Services Huron County, Local Mayor Oxford County Warden, and engagement from the Manager of Strategic Initiatives Stay connected Petrusia Hontar STELIP Manager `r f, ' 416-557-0299 www.stelip.ca 41 11 Local Immigration. Partnership i�t Funded by: Network for Economic and Sobal Treads (NES i....� Finance par Immigration, Refugees Immigration, Refugis and Citizenship Canada et Citoyennet6 Canada Acknowledgements: I would like to thank Dr. Victoria M. Esses for her advice throughout the entire project. I would also like to thank Dr. Mamta Vaswani for her contributions to this project. I also appreciate the input provided by Dr. Zenaida R. Ravanera, Shelley Hill, and Tehya Quachegan. Finally, I would like to thank the Southwestern Ontario Local Immigration Partnerships Discrimination Survey Working Group for their collaboration on this project. 43 Table of Contents Summary............................................................................................................................... 1 Overview............................................................................................................................... 3 Discrimination....................................................................................................................... 3 Discriminationin Canada.......................................................................................................4 Correlates and Consequences of Experiences of Discrimination .............................................. 7 St. Thomas and Elgin County.................................................................................................. 8 St. Thomas and Elgin County Geography................................................................................. 8 Indigenous Peoples in St. Thomas and Elgin County............................................................... 8 Immigrants, Newcomers and Visible Minorities in Elgin and St. Thomas ............................... 9 St. Thomas and Elgin Community.......................................................................................... 10 Education, Income, and Industry.......................................................................................... 10 Discrimination in St. Thomas and Elgin................................................................................. 12 Study on Experiences of Discrimination in St. Thomas -Elgin County ..................................... 13 Profileof Respondents........................................................................................................ 14 Respondent Demographics.................................................................................................... 15 Experiencesof Discrimination.............................................................................................. 20 To what extent have Immigrants & Visible Minorities, Indigenous Peoples, and comparison White Non -immigrants experienced discrimination in St. Thomas -Elgin County in the past threeyears?........................................................................................................................... 20 Within the three groups, to what extent do experiences of discrimination differ as a function of demographic characteristics?............................................................................. 20 Therole of gender................................................................................................................. 20 Therole of age...................................................................................................................... 21 The role of employment status............................................................................................. 22 The role of education level................................................................................................... 22 The role of annual household income.................................................................................. 23 The role of length of time residing in St. Thomas -Elgin County ........................................... 23 Immigrants and visible minorities: The role of religion........................................................ 24 Immigrants and visible minorities: The role of ethnicity/race............................................. 25 Immigrants and visible minorities: The role of immigrant and visible minority status........ 25 Immigrants: The role of length of time in Canada................................................................ 26 Immigrants: The role of current immigration status............................................................ 26 44 In how many contexts is discrimination being experienced? ............................................... 27 In what contexts is discrimination being experienced?........................................................ 28 What are the presumed bases of experiences of discrimination? ........................................ 31 Are specific types of discrimination being experienced?...................................................... 34 Who are the perpetrators of discrimination?....................................................................... 35 Perpetratorage..................................................................................................................... 35 Perpetratorgender............................................................................................................... 36 Perpetrator race or ethnicity................................................................................................ 37 Have experiences of discrimination increased or decreased during the COVID-19 pandemic? ............................................................................................................................................... 39 Potential Coping Strategies and Emotions in Response to Discrimination ............................. 39 What coping strategies are used in response to discrimination? ......................................... 39 What feelings are elicited by experiences of discrimination?............................................... 40 How much psychological distress is experienced in response to discrimination? ................ 41 St. Thomas -Elgin County as a Welcoming Community.......................................................... 42 References.......................................................................................................................... 43 Appendix: Survey on Experiences of Discrimination in St. Thomas -Elgin County ................... 49 eR Summary This report provides insight into the discrimination experiences of immigrants and visible minorities, and Indigenous Peoples in St. Thomas and Elgin County and supports the development of evidence -based anti -discrimination initiatives at the local level. A representative survey (N = 407) was conducted in March 2021 to examine the extent and context of discrimination experienced by immigrants, visible minorities, and Indigenous Peoples in the St. Thomas -Elgin area in comparison to people who are not members of these groups (white non -immigrants). The survey also investigates the supposed basis for this discrimination, who is perpetrating these acts of discrimination, and the specific forms of discrimination that are taking place. Additionally, the survey examined how individuals respond to these experiences of discrimination, including how they cope with discrimination, and how that impacts their feelings of acceptance and welcome in the community. A methodological strength of this research was the use of random digit dialing, ensuring relatively representative samples in substantial numbers of immigrants, visible minorities, and Indigenous Peoples for the study. For the majority of the analysis, immigrants and visible minorities were combined because of the substantial overlap between these two groups in the region and to simplify the recruitment process. We acknowledge that not all immigrants in the St. Thomas -Elgin area are visible minorities, and not all visible minorities in the St. Thomas -Elgin area are immigrants. In our Immigrants & Visible Minorities group, 46.2% of respondents were both immigrants and visible minorities. Looking at the results of the survey and comparing across groups, nine out of ten Indigenous Peoples reported experiencing discrimination in St. Thomas -Elgin in the last three years, compared to about seven out of ten Immigrants & Visible Minorities, and three and a half out of ten for White Non -immigrants. Immigrants & Visible Minorities perceived their experiences of discrimination as based on ethnocultural factors related to different minority group statuses (e.g., race or skin colour, ethnicity or culture, and accent). For the Indigenous Peoples group, the tops factors were similarly based on ethnocultural factors (indigenous identity, physical appearance, race, or skin colour). In contrast, perceived factors for the White Non -immigrants tended to perceive their experiences of discrimination as based on more universal factors (e.g., age, physical appearance, income level). On average, Indigenous Peoples reported experiencing discrimination in more contexts (8.4) than Immigrants & Visible Minorities (4.75) and White Non -immigrants (1.45). For the Immigrants & Visible Minorities group, contexts for discrimination that were most frequently indicated included when applying for a job or promotion, when attending school or classes, when interacting with neighbours, and when attending social gatherings. The Indigenous Peoples group most frequently included contexts of discrimination while using libraries, community/recreational centres, arenas, while attending social gatherings, when applying for a job or promotion, and when participating in a club, meeting, or organization. When asked the specific types of discriminations that were experienced from a list provided, respondents in all three groups were most likely to indicate experiences of microaggressions, such as inappropriate jokes, derogatory language, and verbal abuse. All three groups also reported significant numbers of verbal threats. When asked of the people committing the acts of discrimination, all three groups indicated the individuals were middle-aged, White, and equally male and female. For the Immigrants and Visible Minorities and the white non-immigrant groups, respondents reported that experiencing discrimination was more likely to lead to feelings of discouragement, exclusion, and powerlessness rather than shame. For the Indigenous Peoples group all four feelings, discouragement, exclusion, powerlessness, and shame were prevalent. On average, respondents in all three groups also reported experiencing anxiety and depression to some extent because of their discrimination experiences. Of note, however, Indigenous Peoples tended to experience more negative emotions and psychological distress than respondents in the other two groups. To cope with their discrimination experiences, respondents reported using both active and passive coping strategies, with a greater tendency to use passive coping strategies. Indigenous Peoples tended to use active coping strategies more often than respondents in the other two groups. Finally, feelings of acceptance and welcome in the St. Thomas -Elgin area were experienced more by individuals that rarely or did not experience discrimination. In fact, of these individuals the Indigenous Peoples and Immigrants and Visible minority respondents reported higher rates of feeling welcome than the white non-immigrant group. Of the individuals that experienced discrimination more regularly, immigrants and visible minorities felt slightly less welcome than the Indigenous Peoples. 47 Overview This report describes the results of a representative survey (March 2021, N = 407) examining discrimination experienced by immigrants, visible minorities', and Indigenous Peoples in St. Thomas and Elgin County Region. This survey was conducted to compliment the large-scale national surveys on discrimination conducted in Canada (e.g., Environics Institute, 2010; Ibrahim, 2018), and to allow for a better understanding of experiences in communities outside of the large metropolises. Theis study and report examines local experiences of discrimination within the St. Thomas -Elgin area. Gaining insight into these experiences is crucial as a basis for developing anti -discrimination evidence -informed initiatives that target where discrimination is occurring, who is most likely to be perpetrating and experiencing discrimination, and how to reduce its negative impact. These anti -discrimination initiatives would build more welcoming, caring, and inclusive communities, and would mitigate the harmful negative impacts of experiencing discrimination. Developing anti -discrimination initiatives would support the St. Thomas -Elgin area to become a more welcoming region that could attract, integrate, and retain diverse individuals, an integral part of Canada's strategy to sustain the economy (Government of Canada, 2020; Morency et al., 2017). The study described in this report examined the extent and context of discrimination experienced by immigrants, visible minorities, and Indigenous Peoples in comparison to people who are not members of these groups, whether specific forms of discriminations are being experienced, the presumed basis for this discrimination and its perpetrators, and how targets of discrimination respond to these experiences (how they cope with those experiences and feel about them). In the following sections we provide background and context for the need for this research and describe the results of the survey. ' This report uses the term 'visible minorities' as utilized by Statistics Canada (2020a). However, we acknowledge that in the current discourse, the term racialized persons may be preferred in public discussions of the findings. Indigenous Peoples are not included in this category. 48 Discrimination Discrimination refers to inappropriate and unfair treatment of people simply because they belong to certain groups. Discrimination includes both negative behaviour toward a member of another group based on their group membership, and less positive behaviour toward them than toward a member of one's own group in comparable situations (Dovidio et al., 2010). Discriminatory treatment can occur as a result of cultural understandings, policies, and practices that deny members of certain groups equal treatment, referred to as institutional or systemic discrimination (Dovidio et al., 2010). For instance, European understandings, policies, and practices related to governance, land ownership, and education have resulted in significant mistreatment and injustice experienced by Indigenous Peoples throughout Canada's history, the impact of which persist today (Neylan, 2018). Additionally, immigration related policies and practices have historically denied or made it difficult for people from visible minority groups to enter Canada (Dench, 2000). These examples of unfair treatment toward immigrants, visible minorities, and Indigenous Peoples illustrate how institutional discrimination can become a systemic form of mistreatment experienced by people who belong to certain minority groups. Discrimination also occurs between individuals. At an individual level, discrimination refers to behaviour that disproportionately favours or provides an advantage to people belonging to some groups while disadvantaging or harming people belonging to other groups (Dovidio et al., 2010). Discriminatory behaviour can be overt or take more subtle forms. Overt forms of discrimination are clearly recognizable as unfair, are generally viewed as unacceptable, are often unlawful, and are for the most part intentional (e.g., verbal and physical assault; Jones et al., 2016). At the same time, microaggressions2, such as subtle forms of discrimination (e.g., being avoided or ignored, inappropriate jokes; Jones et al., 2016) can appear as though they are harmless, can be viewed as acceptable, are typically lawful, and are more likely to be seen as unintentional. Therefore, people may experience discrimination in a variety of ways through institutional systems as well as through overt and subtle discriminatory behaviour perpetrated by individuals. Discrimination in Canada In Canada, immigrants, visible minorities, and Indigenous Peoples tend to experience discriminatory behaviour on an individual level, and unequal access to employment, housing, education, and private and public services on a more systemic level (Environics Institute, 2010; z Microaggression is defined as a brief derogatory or hostile verbal, behavioral, or situational treatment that may target members of minority groups (APA Dictionary of Psychology, 2020) CM; Environics Institute for Survey Research, 2019; Esses, 2021). These experiences are based on a variety of factors including their ethnicity, race, and religion, factors which typically do not disadvantage their native-born White counterparts. Furthermore, they experience discrimination across a variety of settings as they attempt to engage in day-to-day life such as walking in the streets, using public transit, frequenting stores and restaurants, working in their workplace, learning in educational settings, accessing health care, engaging with the police and criminal justice system, attempting to rent places to live, and travelling across borders and through airports (Environics Institute for Survey Research, 2019; Nangia, 2013; Novac et al., 2002). A recent national study revealed that the majority of Indigenous (53%) and Black (54%) Canadians have personally experienced discrimination based on their race or ethnicity, with South Asian (38%) and Chinese (36%) Canadians, and Canadians of other racialized groups (32%) also reporting experiences of discrimination (Environics Institute for Survey Research, 2019). Discrimination experienced by immigrants, visible minorities, and Indigenous Peoples has unfortunately been on the rise over the last decade. For instance, hate crimes (criminal offenses motivated by hate that target specific populations such as particular ethnic, racial, and religious groups) have been increasing. Data collected by Statistics Canada reveal that approximately 2,000 hate crimes in Canada were noted by police in 2019, a marked increase from the approximately 1,200 noted in 2013 (Moreau, 2021). Of the hate crimes reported in 2019, most (46%) were motivated by hate based on race or ethnicity, followed by a large portion (32%) motivated by religion. The data also reveal that the most common types of hate crimes being committed include general mischief, uttering threats, and assault. Additionally, the data reveal that Black and Jewish people are the targets of most hate crimes, while Indigenous youth are the youngest population to be victims and to sustain injuries from the incidents. Furthermore, the data reveal that hate crimes targeting Arab or West Asian populations, the Black population, and Muslims are on the rise. These hate crimes tend to occur in public spaces such as the street or parks, educational and religious institutions, and commercial businesses (Moreau, 2021). Hate -based behaviours are also prevalent on social media. A recent study conducted for the Canadian Race Relations Foundation revealed that Canadians are concerned about hate speech occurring online and would like to see more being done to address the issue (Abacus Data, 2021). In that study, racialized people were found to experience online hate more so than non- racialized people. Results of that study also revealed that online hate was occurring in the form of offensive name calling, racist comments, comments inciting violence, and threats of physical harm. Similarly, data collected by Statistics Canada reveal that online hate crimes tend to target Muslim, Jewish, and Black populations and tend to occur in the form of uttering threats, public incitement of hatred, and harassment (Moreau, 2021). 67V Immigrants, visible minorities, and Indigenous Peoples in Canada also experience everyday discrimination as they attempt to build secure lives. In the context of employment, immigrants who do not have English sounding names, who are religious minorities (e.g., Muslim), and who are visible minorities (e.g., Black, South Asian), are given fewer opportunities to interview for jobs, and when they do interview, they are evaluated less favourably than Canadian -born applicants (Esses et al., 2014; Oreopoulos, 2011). Similarly, the results of a large-scale Canadian survey conducted by Statistics Canada revealed that immigrants tend to experience discrimination at their places of work and when applying for a job or a promotion (Ibrahim, 2018). Immigrants, visible minorities, and Indigenous Peoples also experience discrimination when attempting to secure housing. A study conducted by researchers in collaboration with the Canada Mortgage and Housing Corporation found that immigrants, visible minorities, and Indigenous Peoples tend to be denied access to rental units by landlords more often than White Canadian -born people (Novac et al., 2002). Additionally, high -profile incidents highlight Indigenous Peoples' experiences of discrimination when attempting to access health care. Recently, one Indigenous woman fell victim to demeaning racial slurs, swearing, and neglect from hospital staff and ultimately passed away in their care (Shingler, 2020). There is also evidence of systemic injustices and disadvantage experienced by immigrants, visible minorities, and Indigenous Peoples in Canada. For instance, many immigrants are admitted into Canada based on their skills and credentials; however, after they immigrate, their foreign credentials and experience are often not recognized by employers and they often do not qualify for licensure from Canadian regulatory bodies (Ertorer, et al., 2020; Ng & Gagnon, 2020). That lack of recognition leaves immigrants unemployed or underemployed (i.e., in jobs for which they are overqualified), particularly if they are visible minorities (Esses et al., 2007; Ng & Gagnon, 2020). Rooted in a long history of oppression, Black and Indigenous populations tend to be disproportionately overrepresented in the criminal justice system, have poorer economic and health conditions, and lower educational attainment (Truth and Reconciliation Commission of Canada, 2015; United Nations Human Rights Council, 2017). Canada's historical Indian residential school policy physically removed Indigenous children from their homes and families in an attempt to eliminate their Indigenous cultures and assimilate them to European ways of thinking and being, and included experiences of psychological trauma and physical harm, resulting in substance abuse, poor family dynamics, violence, and self -harm passed down over generations (Loppie et al., 2014; Palmater, 2014). A recent Statistics Canada survey (2020b) revealed that immigrants, visible minorities, and Indigenous Peoples reported experiencing more discrimination during the COVID-19 pandemic than the average reported incidents by all respondents. Again, these incidents were often based on race, ethnicity, and culture. Most incidents of discrimination experienced by these groups occurred when frequenting a store, bank, or restaurant, while at work or when applying 62 for a job, and when walking on sidewalks or at parks. The COVID-19 pandemic has also resulted in increased anti -Asian discrimination in Canada. The Chinese Canadian National Council Toronto Chapter received 1,150 reports of racist attacks targeting the Asian community between March 2020 and February 2021 (Kong et al., 2020). Of the incidents included in the analyses (643 incidents reported between March 2020 and December 2021) most occurred in public spaces, parks, streets, or sidewalks, and in grocery stores and restaurants in Ontario and British Columbia. Most incidents took the form of verbal and physical assaults, unwanted physical contact, as well as being coughed at or spit on. A qualitative analysis of the reported incidents revealed that many of these attacks were perpetrated in a blatant and ruthless manner, were instigated by blame for the COVID-19 pandemic, targeted vulnerable people (the elderly and youth), and caused severe physical and psychological harm. The COVID-19 pandemic has also highlighted the rise of Islamophobia in Canada. Recently, the media has covered alarming forms of discrimination against Muslims including brutal physical attacks (e.g., a Muslim woman wearing a hijab having a gun shot at her; Baig, 2021). These findings reveal how experiences of discrimination can increase in frequency and severity in response to contextual factors, and how the specific groups that become targets of discrimination can vary, leaving them vulnerable to and unprepared for the negative consequences of such experiences. Correlates and Consequences of Experiences of Discrimination Experiences of discrimination leave victims feeling as though they are not welcome and do not belong in the community. Victims develop mistrust of and a lack of confidence in institutions, and experience poor physical and mental health. For instance, discrimination has been found to be associated with a lower sense of belonging to Canada among immigrants and visible minorities (Painter, 2013; Reitz & Banerjee, 2007). Results of a recent study conducted by Statistics Canada (2020b) suggest that experiences of discrimination are also associated with mistrust and less confidence in institutions. In that study, experiencing discrimination was associated with less trust in the court system among Indigenous Peoples. Similarly, experiencing discrimination was associated with less confidence in the police among Black respondents. Discrimination experienced by immigrants, visible minorities, and Indigenous Peoples has also been associated with poor physical health and psychological distress (Currie et al., 2012; Spence et al., 2016; Williams et al., 2003). For instance, Spence and colleagues (2016) found that experiences of discrimination were associated with stress among a community sample of Indigenous Peoples in Canada. Similarly, in a qualitative study, Currie and colleagues (2012) found that Indigenous university students in Canada described experiencing distress including frustration, helplessness, and hopelessness because of experiences of discrimination. Additionally, in a large-scale review of empirical research on the impact of discrimination, Williams and colleagues (2003) found strong evidence suggesting that experiences of 6% discrimination are associated with psychological distress including depression and anxiety among immigrants and visible minorities. There is also some evidence to suggest that discrimination is associated with psychological distress through different ways of thinking about and responding to those negative experiences (Noh et al., 1999, 2007; Noh & Kaspar, 2003). For instance, perceptions of exclusion, powerlessness, shame, and discouragement can intensify the association between discrimination and psychological distress (Noh et al., 2007). These negative outcomes of discrimination can therefore make it difficult for immigrants, visible minorities, and Indigenous Peoples to enjoy a healthy, happy, and satisfying life. St. Thomas and Elgin County St. Thomas and Elgin County Geography Elgin County is located in Southwestern Ontario along the shores of Lake Erie. It comprises 6 municipalities and the town of Aylmer. Elgin County is bordered on the South by Lake Erie with a 120 km coastline. Covering a span of 1845 km2 with a population of 50,069 (2016 census data), it is considered a rural community with a population density of 27.1 persons/km2. St. Thomas is located within the bounds of Elgin County and is a single tier municipality separate from the County. The city has a population of 38,909 with a population density of 1092.1 persons/km2 (2016 census data). Indigenous Peoples in St. Thomas and Elgin County Elgin County and St. Thomas are situated on the traditional territories of Indigenous Peoples included in the Upper Canada Land Surrenders, specifically Treaty 2, 1790 and Treaty 3, 1792. It is the ancestral lands of the Anishinaabe, Haudenosaunee, and the Attawandraan Neutral Peoples. In the 2016 census, 3120 Tbt a ll Il ir"n ii e ir"n o u s Po p u ll at ii o ir"n by Census lie a it individuals reported Aboriginal identity. Of 2500 that group, 2485 2000 identified as First Nations, 25 as Inuit, 1500 and 655 as Metis. There are currently no :a.000 established and formalized indigenous 500 reserves or bands located within the boundaries of Elgin County; however, the u111-otal indigenous 1111111 First Nations 1111111 Metis Vruruit iiiiiiiiiii Other iii Multiple Munsee-Delaware First Nation, Chippewas of the Thames First Nation, and Oneida Nation of the Thames all lie on 53 the northern border of the County. Although there has been a steady increase of Indigenous Peoples living in St. Thomas and Elgin, there are no formalized Indigenous groups or Friendships Centres in the region. Immigrants, Newcomers and Visible Minorities in Elgin and St. Thomas The number of Immigrants in St. Thomas and Elgin has remained relatively steady since 1981. Historically, immigrants originating from the Americas and Europe have made up the large majority of immigration into the region, with the number of immigrants from the Americas has been steadily increasing. :➢.4UUU 12000 10000 8000 6000 4000 2000 0 rbt: II hrnrnagrant Pe p u Il t: o n lby IPe u n of Oirugn and Census lie a it 11 Arnericas IIIIIIM Europe 1111111 Africa Asia 11111111111 Oceania IIIIIIM Non permanent Despite the steady number of immigrants moving to the region, immigrants make up a smaller St. Thomas (3550 people) Elgin County (6915 people) Ontario Immigrants In proportion to total population 9% 14% 29% Immigrant group in proportion to total immigrants Before 1981 57% 46% 28% 1981 to 1990 17% 16% 13% 1991 to 2000 10% 17% 22% 2001 to 2010 11% 14% 25% 2011 to 2016 5% 7% 12% proportion of the community when compared to the total population of immigrants in Ontario. St. Thomas (9%) has just over 1/3 of the proportion of immigrants than Ontario, with more than double settling before 1981. While Elgin County has a larger proportion (14%) of immigrants than St. Thomas, it 54 still has less than half in contrast to the proportion seen in Ontario (29%). In general Elgin has seen more immigration growth year over year, mainly experienced in the east of the County. Though not all visible minorities are immigrants, taking into consideration the lower levels of immigrants and the regions of origin of those individuals, the visible minority representation is still expectedly low. In the 2016 Census, 2,585 individuals in Elgin County identified as visible minorities or only 2.95% of the population. More visible minorities can be found in St. Thomas (4.3%) of the population than in Elgin County (1.9%). These i si II e Monorfty by Group Filipino 7% Multiple visible minorities 5% Chinese 8% numbers are much smaller when contrasted with neighbouring London (19.8%) and Ontario (29.3%). To further explore the visible minorities, the largest groups of those minorities are Black (24%), Southeast Asian (19%), South Asian (14%) and Latin American (12%). St. Thomas and Elgin Community To better understand the St. Thomas and Elgin regional demographics, it is important to consider the wider provincial figures. Compared to Ontario, the age demographics of the region present an interesting picture. St. Thomas and Elgin have both a larger proportion of youth under the age of 15 and have a slightly older median age. The smaller population in the 15 to 34 years means there are fewer individuals available to enter the workforce. Education, Income, and Industry The main industries vary slightly across the region. St Thomas's main industries include Manufacturing (18%), Health Care (14%), and Retail (12%), where Elgin County's main industries include Manufacturing (17%), Health Care (11%), Agriculture (10%), and Construction (10%). 6.1 To better understand dominant industries the location quotient measures a regions industrial specialization relative to a larger geography through simple rations, that is, a location quotient above 100 means there are more jobs in a specific industry as a proportion of the workforce compared to a larger region. When comparing the industries in the region to Ontario, some location quotients stand out. The agriculture industry is almost seven times higher in Elgin County; additionally, higher proportions of the workforce are found in Manufacturing (168.4), St. Elgin Ontario St. Elgin Thomas without Thomas without St. St. Thomas Thomas 1% 1431,,, 1% 76.0 0% ..................... 0% 0% 17.1 46.9 1% 1% 1% 90.9 89.6 6% 10,,, 7% 89.1 10%3 3% 3% 4% 70.3 84.1 9% 11% 107.8 79.4 5% 7% 5% 115.1 14, ....................... 1% 1% 3% 49.2 46.1 3% 2% 5% 57.3 44.2 2% 1% 2% 83.3 50.7 4% % 8% 49.1 40.1 0% 0% 0% 44.8 22.3 6% 4% 5% 116.2 87.6 6% 5% 8% 83.2 66.8 11% 1 101.5 2% 2% 2% 75.2 72.1 8% 5% 7% 109.4 74.2 4% 5% 4% 103.9 116.6 4% 4% 6% 64.0 65.4 6.7 Construction (143.8), Transportation (141.2) and Other Services (116.6) when compared to Ontario. In St. Thomas industries that are more prevalent include Manufacturing (183.4), Health Care (132.5), Administrative and Support (116.2), Transportation (115.1), Accommodations and Food Service (109.4), Retail (107.8), and Other services (103.9) The education attainment in St. Thomas and Elgin County show significant differences compared to Ontario. Elgin County has a much higher proportion of population with no high school diploma or equivalency (Elgin with 21%, St Thomas with 13%, and Ontario at 10%). Additionally, St. Thomas and Elgin have a lower prevalence of university education at a bachelor or above (20%). However, both communities have a significantly more residents with a college certificate. Educational attainment, individuals aged 25 to 64 years Elgin St. Thomas Ontario No certificate, diploma, or degree 21% 13% 10% Secondary (High) school diploma or equivalency certificate 27% 31% 24% Apprenticeship or trades certificate or diploma 8% 8% 6% College or other non -university certificate or diploma 30% 35% 25% University certificate or diploma below bachelor level 2% 1% 2% University certificate; diploma or degree at bachelor level or above 12% 12% 32% Discrimination in St. Thomas and Elgin Currently, the region does not have a location to report discrimination. There have been some instances recorded by local media that range from alleged systemic discrimination, outright racist motivated attacks, and recognizing the changing tide for standing up against hate. In 2013, racial profiling charges were laid against the OPP in a case that saw 100 migrant workers subjected to providing DNA samples in response to a local sexual assault case. The investigation of this incident is currently being tried in a Human Rights Tribunal. This investigation led to an arrest and subsequent conviction; however, 54 of the 100 screened individuals are seeking restitution (St. Thomas Times Journal, 2014). The main applicant of the charge describes the event: "The whole process made me feel a way. It made me feel sad, it made me feel defeated, it made me feel humiliated" (Global News, 2021). This is not the first incident from the region that led to a Human Rights Tribunal. In 2017, a local family was attacked amid racial slurs. The perpetrator, an individual from Toronto, violently attacked a family including a 13-year-old boy who were speaking Spanish in a mall parking lot. The attacker accused the family of being ISIS terrorists. While the perpetrator was not from the region, the ripple effects were seen across the community (St. Thomas Times Journal, 2017). Ultimately, the Ontario Ombudsman office deemed the incident was not a hate crime. 57 The murder of George Floyd incited widespread reaction across the United States that also trickled into St. Thomas. A local teen was inspired to find her voice and speak up about her experiences of discrimination in local elementary and secondary public schools. (St. Thomas Times Journal, 2020). This student's public demonstration brought awareness to the struggle of racialized youth and the slow shifting culture in our community. As St. Thomas and Elgin County become more diverse there is an increased need to be more intentional in policies that shift the culture of this historically white community. The St. Thomas -Elgin Local Immigration Partnership (STELIP) works to address issues of discrimination and racism to build a more welcoming, caring, and inclusive community. In order for the work to be successful there needs to be wide community buy -in and support. Study on Experiences of Discrimination in St. Thomas -Elgin County This report provides insight into the discrimination experiences of immigrants, visible minorities3, and Indigenous Peoples in St. Thomas -Elgin County in order to support the development of evidence -based anti -discrimination initiatives at the local level. To this end, a representative survey was conducted in March 2021 to examine the extent and context of discrimination experienced by immigrants, visible minorities, and Indigenous Peoples in St. Thomas -Elgin County, in comparison to people who are not members of these groups. The survey examined who is experiencing discrimination, in what contexts, on what basis, who is perpetrating these acts of discrimination, and whether specific forms of discrimination are taking place. The survey also examined how immigrants, visible minorities, and Indigenous Peoples respond to these experiences of discrimination (coping strategies and feelings of psychological distress), and associated feelings of being accepted and welcomed in the community. A community sample of St. Thomas -Elgin County residents was recruited to take part in the study, including people who identify as (a) immigrants or visible minorities (Immigrants & Visible Minorities group), (b) Indigenous (Indigenous Peoples group), and (c) residents who do not identify with any of these groups (comparison White Non -immigrants group). The immigrants and visible minorities were combined for our target numbers and for the majority of analyses because of the substantial overlap between these two groups in St. Thomas -Elgin County (though we of course acknowledge that not all immigrants in St. Thomas -Elgin County are visible minorities and not all visible minorities in St. Thomas -Elgin County are immigrants). Where possible, analyses were conducted in which we separated immigrant -visible minorities, immigrant -not visible minorities, and visible minorities -not immigrants. 'This report uses the term 'visible minorities' as utilized by Statistics Canada (2020). However, we acknowledge that in the current discourse, the term racialized persons may be preferred in public discussions of the findings. Indigenous Peoples are not included in this category. 58 Forum Research Inc., a market research firm, was retained by the St. Thomas -Elgin County Local Immigration Partnership to recruit participants, administer the survey, and collect the data. The research was conducted through random digit dialing of phone numbers in the region, and if individuals then qualified to participate and agreed, they were sent the link to the online survey via SMS text message or email. Targets of 148 Immigrants & Visible Minorities, 140 Indigenous Peoples, and 150 White Non -immigrants were set, and the final sample included 186 Immigrants & Visible Minorities, 103 Indigenous Peoples, and 118 White Non -immigrants. This ensured a relatively representative sample of participants within each of the three groups. The survey took approximately 10 minutes to complete and was available in both English and French. Ethics approval for this study was obtained from Western University's research ethics board. The survey included questions about whether respondents had experienced discrimination or been treated unfairly in the past three years in different contexts (e.g., in a store, bank, or restaurant; when applying for a job or promotion), the presumed basis of this discrimination (e.g., race or skin colour, status as an immigrant, accent, gender), whether the respondents had experienced specific types of discrimination (e.g., inappropriate jokes, verbal abuse), and who the main perpetrators of this discrimination were (gender, age, race or ethnicity). One question asked respondents whether their experiences of discrimination have changed during the COVID- 19 pandemic. The survey also asked how people coped with (active and passive coping) and felt about (powerless, shame, excluded, discouraged) their experiences of discrimination, and their psychological distress (anxiety and depression) in response to discrimination in the past three years. Questions about how accepted and welcomed participants felt in St. Thomas -Elgin County at the present time were also asked. Finally, a set of demographic questions were included. The survey was based on established measures where available, with the language adapted to plain language (for full details on the measures, see Appendix). Profile of Respondents Immigrants & Visible Minorities reported speaking languages other than English more and reported more diverse religions than Indigenous Peoples and White Non -immigrants. Immigrants & Visible Minorities also tended to be more highly educated. Additionally, White Non -immigrants tended to be on average quite a bit older and less likely to be employed compared to the other two groups. In the Immigrants & Visible Minorities group as well as the Indigenous Peoples group, there were more female respondents than male respondents. In the comparison White Non - immigrants group, the gender breakdown was more balanced. In terms of the specific characteristics of Immigrants & Visible Minorities, members of this group were most likely to be Christian, have no religion, or have other/multiple religions. They were 6T most likely to be East Asian and Southeast Asian, South Asian, or other/multiple ethnicities. Approximately 73% were not born in Canada. When immigrant status and visible minority status were separated, just over 46% were both immigrants and visible minorities, 27% were non- immigrant visible minorities, and 27% were immigrants but not visible minorities. Approximately 40% of the immigrants entered Canada as family class immigrants and a third as economic immigrants. The majority of immigrants were now permanent residents or citizens of Canada. Close to 70% had been in Canada longer than 10 years. Respondent Demographics Immigrants & Indigenous Comparison White Visible Minorities Peoples Non -immigrants (N = 186) (N = 103) (N = 118) Gender Age Female Male Non -binary Other No response 18 to 30 years 31 to 40 years 41 to 50 years Older than 50 58.6% 39.8% 0.5 0.0% 1.1% Range:18-85 Average: 42 years 25.3% 25.8% 18.3% 26.3% No response 4.3% Language(s) Most Often Spoken at Home English only 74.7% English and another 18.3% language Another language only 5.9% No response 55.3% 43.7% 0.0% 1.0% 0.0% Range:18-70 Average: 38 years 17.5% 48.5% 22.3% 9.7% 1.9% 92.2% 2.9% 4.9 0.0% 50.8% 48.3% 0.8 0.0% 0.0% Range: 21-84 Average: 57 years 4.2% Employment Status Employed full- time/part-time/self- employed Other employment (includes unemployed, retired, student, homemaker, and other) Multiple employment statuses No response Education Level Secondary/high school and less College/vocational training University undergraduate degree University graduate degree and Professional degree No response Annual Household Income Less than $45,000 $45,001 to $80,000 $80,001 and more No response Years Living in St. Thomas - Elgin County Less than 5 years 5 to 10 years 10 to 20 years Longer than 20 years No response 61.3% 78.6% 45.8% 34.9% 16.5% 47.5% 3.2% 1.9% 5.1% 0.5% 2.9% 1.7% 19.9% 47.6% 38.1% 17.2% 24.3% 30.5% 32.8% 23.3% 16.1% 28.0% 3.9% 14.4% 2.2% 1.0% 0.8% 22.0% 18.4% 19.5% 28.0% 38.8% 29.7% 42.5% 39.8% 35.6% 7.5% 2.9% 15.3% Range:0.2-68 Range:0.8-67 Range:0-72 Average: 15 years Average: 26 years Average: 30 years 26.3% 5.8% 12.7% 19.4% 16.5% 12.7% 27.4% 19.4% 12.7% 25.8% 57.3% 61.0% 1.1% 1.0% 0.8% Religion Christian 37.1% 46.6% 60.2% Traditional/Spirituality 5.4% 19.4% 5.1% No religion (atheist or 22.0% 14.6% 28.0% agnostic) Other religion (includes Baha'i, Buddhist, Hindu, Jewish, Mennonite, Muslim, Sikh and other) and 35.5% 19.4/ ° 6.8/ multiple religious categories No response 0.0% 0.0% 0.0% Sense of Belonging to Average: 3.39 Average: 3.64 Average: 3.51 Religious Group(s) (Scale of Very Weak = 1 to Very Strong = 5) Religion of Immigrants & Visible Minorities Christian 37.1% No religion (atheist 22.0% or agnostic) Hindu 10.8% Muslim 9.7% Other religion 20.4% (includes Baha'i, Buddhist, Jewish, Mennonite, Traditional / Spirituality, Sikh and other) and multiple religious categories No response 0.0% Race/Ethnicity White 17.2% 0.0% 97.5% Ira First Nations, Metis, or 7.5% 82.5% 0.0% Inuk (Inuit) Visible minority, other, 75.3% 17.5% 2.5% and multiple races/ethnicities No response 0.0% 0.0% 0.0% Sense of Belonging to Racial/Ethnic Group(s) Average: 3.27 Average: 3.50 (Scale of Very Weak = 1 to Very Strong = 5) Race/Ethnicity of Immigrants & Visible Minorities East Asian and 25.8% Southeast Asian South Asian 22.0% White 17.2% Black 8.1% Other (includes 26.9% Arab, Indigenous, Latin American, West Asian, or other) and multiple races/ethnicities No response 0.0% Born in Canada Yes 26.9% No 73.1% No response 0.0% Immigrant & Visible Minority Status Immigrant visible 46.2% minority Non-immigrant visible 26.9% minority Immigrant non -visible 26.9% minority Average: 3.97 63 No response 0.0% Immigrants: Status Upon Arrival to Canada Family class immigrant 39.7% Economic class 33.8% immigrant Temporary resident (temporary foreign 8.1% worker, work visa or student) Other entry class 18.4% (includes resettled refugee, refugee claimant, temporary resident on visitor visa, undocumented, other) No response 0.0% Immigrants: Current Immigration Status Canadian citizen 74.3% Permanent resident 18.4% Other status (includes 7.4% temporary resident, protected person, refugee claimant, undocumented, other) No response 0.0% Immigrants: Years living in Range: 0.17-72 Canada Average: 21 years Less than 5 years 14.7% 5 to 10 years 15.4% Longer than 10 years 69.1% No response 0.7% 64 Experiences of Discrimination To what extent have Immigrants & Visible Minorities, Indigenous Peoples, and comparison White Non -immigrants experienced discrimination in St. Thomas -Elgin County in the past three years? In all three groups, a substantial percentage of respondents reported experiencing discrimination in one or more contexts in St. Thomas -Elgin County in the last three years. However, there were considerable differences between the three groups, with Indigenous respondents especially likely to report experiencing discrimination, followed by Immigrants & Visible Minorities. Percentage of Respondents Who Experienced Discrimination in One or More Contexts in the Past Three Years uIII lirnirnugrai nts & Visib e MinoHt'ies uuuuu Indigenous Peoples uuuuuu WhiteNon-immigrants Within the three groups, to what extent do experiences of discrimination differ as a function of demographic characteristics? The role of gender In the Immigrants & Visible Minorities group and in the Indigenous Peoples group, male respondents were more likely to report experiencing discrimination in St. Thomas -Elgin County than female respondents. In the White Non -immigrants group, the percentage of female and male respondents who reported experiencing discrimination in St. Thomas -Elgin County was very similar. Percentage of Respondents Who Experienced Discrimination by Gender 74.3% 65.1 Immigrants & Visible Minorities The role of age 95.6% 80.7 i i 0 i 35.0% 36.8/ i i i i i i Indigenous Peoples White Non -immigrants N Female = Male In the Immigrants & Visible Minorities group, respondents aged 31 to 40 years old were most likely to report experiencing discrimination in St. Thomas -Elgin County. In the Indigenous Peoples group, respondents aged 18 to 30 years old and 31 to 41 years old were most likely to report experiencing discrimination in St. Thomas -Elgin County. In the comparison White Non - Immigrants group, the youngest respondents were most likely to report experiencing discrimination in St. Thomas -Elgin County. Percentage of Respondents Who Experienced Discrimination by Age 87.5% 76.5% 68.1% II Illlupllllllupllllllll �� 94.4% .9&0% 78.3% 80.0% 0 46.9% i 50.042.944.4% i uMu a Nry ii i�ii i NNNNN NNN29.3 NNNN NNNN u u NNNNu u ^u�� NNNNu a ,�u ` �� 1\0N „ u a Mu NNE. Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants N 18 - 30 years = 31 - 40 years III 41 - 50 years 51 years and above Note: Due to the small cell sizes, the findings for Indigenous Peoples aged 51 years old and above and the findings for White Non -immigrants aged 18 to 30 years old and 31 to 40 years old are suggestive only. The role of employment status In all three groups, respondents who were employed (full-time/part-time) or self-employed were more likely to report experiencing discrimination in St. Thomas -Elgin County than respondents with other or multiple employment statuses. Percentage of Respondents Who Experienced Discrimination by Employment Status 76.3% ° 78.9% 56.3% Immigrants & Visible Minorities Indigenous Peoples a Full-time/Part-time/Self-employed 46.3% 24.2 White Non -immigrants = Multiple and Other Note: The "Other and Multiple" employment status category includes people who indicated that they are unemployed, retired, students, homemakers, or other, as well as people who indicated more than one employment status (e.g., homemaker and retired). The role of education level In the Immigrants & Visible Minorities group and the Indigenous Peoples group, those with an undergraduate degree were most likely to report experiencing discrimination in St. Thomas -Elgin County. In the comparison White Non -immigrants group, respondents with a graduate degree/professional degree were most likely to report experiencing discrimination. Percentage of Respondents Who Experienced Discrimination by Highest Level of Education 71.9%78.7% 59.5% 61.5% ........... Immigrants & Visible Minorities a Secondary or less III Undergraduate 91.8%84.0% „95,8% 40.0% 47.1% 0 25.0/ 30.6 0 o / 0 21.1/ 101 Indigenous Peoples White Non -immigrants College/vocational Graduate degree/Professional degree 67 Note: Due to the small cell size, the findings for Indigenous Peoples with a graduate degree/ professional degree are suggestive only. The role of annual household income In the Immigrants & Visible Minorities group, respondents with an annual household income above $80,000 were most likely to report experiencing discrimination in St. Thomas -Elgin County. In the Indigenous Peoples group, respondents with an annual household income between $45,001 and $80,000 were slightly more likely to report experiencing discrimination in St. Thomas -Elgin County than respondents in the other two income categories. In the comparison White Non -immigrants group, respondents with an annual household income of $45,000 or less or above $80,000 were slightly more likely to report experiencing discrimination in St. Thomas - Elgin County than respondents with an annual household income between $45,001 and $80,000. Percentage of Respondents Who Experienced Discrimination by Annual Household Income 84.2% 90.00 0 85.4% 75.9% 65.9% 57.7% 39.1% 34.30 38.1% Immigrants & Visible Indigenous Peoples White Non migrants Minorities ■ Less than $45,000 = $45,001 to $80,000 III $80,001 and more The role of length of time residing in St. Thomas -Elgin County In the Immigrants & Visible Minorities group and the Indigenous Peoples group, respondents who had lived in St. Thomas -Elgin County between 5 and 10 years were most likely to report experiencing discrimination in St. Thomas -Elgin County. In the comparison White Non - immigrants group, respondents who had lived in St. Thomas -Elgin County between 10 and 20 years were most likely to report experiencing discrimination in St. Thomas -Elgin County. 68 Percentage of Respondents Who Experienced Discrimination by Length of Time Residing in St. Thomas -Elgin County 77.8% 61.2% 70.8% 64.7% sNNN NNN SNN Immigrants & Visible Minorities Indigenous Peoples 53.3% 3 33.3 0 7.5% 0 13.3 / N White Non -immigrants ■ < 5 years - 5 to 10 years 111 10 to 20 years 0 > 20 years Note: Due to the small cell size, the findings for Indigenous Peoples who had lived in St. Thomas -Elgin County under 5 years are suggestive only. Immigrants and visible minorities: The role of religion In the Immigrants & Visible Minorities group, those with other or multiple religions were most likely to report experiencing discrimination in St. Thomas -Elgin County, followed by Christians and Muslims. Percentage of Immigrant and Visible Minority Respondents Who Experienced Discrimination by Religion 81.6% 66.7% 66.7% 63.4% o 60.0/ Other and Christian Muslim No religion Hindu multiple religions (atheist or agnostic) Note: The "Other and Multiple" religions category includes people who indicated that they are Baha'i, Buddhist, Jewish, Mennonite, Traditional / Spirituality, Sikh, or other, as well as people who indicated more than one religion. Immigrants and visible minorities: The role of ethnicity/race In the Immigrants & Visible Minorities group, Black respondents and respondents with other or multiple race/ethnic categories were most likely to report experiencing discrimination in St. Thomas -Elgin County. At the same time, Whites were least likely to report experiencing discrimination in St. Thomas -Elgin County. Percentage of Immigrant and Visible Minority Respondents Who Experienced Discrimination by Ethnicity/Race 86.7 % 84.0 66.7 % 63.4 43.8% Black Other and multipleEast and Southeast South Asian White categories Asian Note: The "Other and Multiple" category includes people who indicated that they are Arab, Indigenous, Latin American, West Asian, or other, as well as people who indicated more than one race/ethnicity. Immigrants and visible minorities: The role of immigrant and visible minority status In the Immigrant & Visible Minorities group, immigrant visible minorities were most likely to report experiencing discrimination, closely followed by non-immigrant visible minorities. of Percentage of Immigrant and Visible Minority Group Respondents Who Experienced Discrimination as a Function of their Immigrant and Visible Minority Statuses 72. �10/ 68.0/ 62.0 Immigrant visible minority Non-immigrant visible minority Immigrant non -visible minority Immigrants: The role of length of time in Canada Of the immigrant respondents, recent immigrants (< 5 years) and more established immigrants (> 10 years) were slightly more likely to report experiencing discrimination in St. Thomas -Elgin County in the last three years than those who had lived in Canada between 5 to 10 years. Percentage of Immigrants Who Experienced Discrimination by Length of Time in Canada 70.00 0 66.7% 68.1% < 5 years 5 to 10 years > 10 years Immigrants: The role of current immigration status Of the immigrant respondents, Canadian citizens and respondents with an "other" immigration status were most likely to report experiencing discrimination in St. Thomas -Elgin County in the last three years. r`i Percentage of Immigrants Who Experienced Discrimination by Current Immigration Status 80.0 69.3 60.0 Other immigration status Canadian citizen Permanent resident Note: The "Other immigration status" category includes protected persons, temporary residents, refugee claimants, and those who are undocumented. Also, due to the small cell size, the findings for immigrants with an "other" immigration status are suggestive only. In how many contexts is discrimination being experienced? The survey included a list of 16 contexts in which respondents might be experiencing discrimination, including an other category to capture any contexts not included. On average, Indigenous Peoples reported experiencing discrimination in more contexts, followed by Immigrants & Visible Minorities. Average Number of Contexts in Which Respondents Experienced Discrimination in the Past Three Years M9 1.45 IN Immigrants & Visible Minorities Illlllll Indigenous Peoples IIIIIIIIII White Non -immigrants rya In what contexts is discrimination being experienced? Overall, Immigrants & Visible Minorities were most likely to experience discrimination in St. Thomas -Elgin County when applying for a job or promotion, when attending school or classes, when interacting with their neighbours, while attending social gatherings, at their job (e.g., from supervisors, co-workers, or clients), and while using public areas (e.g., parks and sidewalks). Immigrants & Visible Minorities: Contexts in Which Discrimination Occurred When applying for a job or promotion When attending school or classes 36.6% When interacting with your neighbours 34.9% While attending social gatherings 34.4% At your job —for example, from supervisors, co-workers, or clients 33.3% While using public areas, such as parks and sidewalks 33.3% When applying for a program or benefit 30.1% When ng r example, buying la house f u eor renting anor housing oapartment) � 29.6% In a store, bank, or restaurant 29.6% While using libraries, community/recreational centres, arenas 29.0/ When interacting with the police 28.5 When interacting with hospitals or health care workers 27.4% When participating in a club, meeting, or 26.3% organization While using public transit, such as buses, 26.3% trains or taxis When interacting with the courts 19.4% In another situation 15.1% 73 Overall, Indigenous Peoples reported experiencing discrimination in St. Thomas -Elgin County in many contexts. They were most likely to report experiencing discrimination in St. Thomas -Elgin County while using libraries, community/recreational centres and arenas, while attending social gatherings, when applying for a job or promotion, when participating in a club, meeting or organization, and while using public areas (e.g., parks and sidewalks). Indigenous Peoples: Contexts in Which Discrimination Occurred While using libraries, community/recreational centres, arenas While attending social gatherings When applying for a job or promotion When participating in a club, meeting, or organization While using public areas, such as parks and sidewalks At your job — for example, from supervisors, co-workers, or clients When interacting with your neighbours When interacting with the courts When looking for housing (for example, buying a house or renting an apartment) When interacting with the police In a store, bank, or restaurant While using public transit, such as buses, trains or taxis When applying for a program or benefit When attending school or classes When interacting with hospitals or health care workers 62.1% 61.2% 61.2% 58.3% 57.3% 56.3% 55.3% 54.4% 53.4% 53.4% 53.4% 53.4% 52.4% 51.5% 47.6% In another situation 4.9% 74 Overall, White Non -immigrants were most likely to experience discrimination in St. Thomas -Elgin County at their job (e.g., from supervisors, co-workers, or clients), when applying for a job or promotion, when interacting with hospitals or health care workers, in a store, bank, or restaurant, and while using public areas (e.g., parks and sidewalks). White Non -immigrants: Contexts in Which Discrimination Occurred At your job — for example, from supervisors, co-workers, or clients 17.8/ When applying for a job or promotion 16.1% When interacting with hospitals or health care workers 11.0% In a store, bank, or restaurant 11.0% While using public areas, such as parks and sidewalks 10.2% When applying for a program or benefit 9.3% While attending social gatherings 9.3% When looking for housing (for example, buying a house or renting an apartment) 9.3% When attending school or classes 8.5% When interacting with your neighbours 6.8% When interacting with the police 6.8% While using public transit, such as buses, trains or taxis 6.8% When participating in a club, meeting, or organization 5.9/ When interacting with the courts 5.9% While using libraries, community/recreational centres, arenas 5.1% In another situation 5.1% NO What are the presumed bases of experiences of discrimination? Those respondents who reported that they had experienced discrimination in at least one context in the last three years were asked to indicate what they thought the main reasons were for their experiences of discrimination (respondents could choose more than one reason). Immigrants & Visible Minorities were most likely to indicate that the discrimination that they had experienced was based on their race or skin colour and ethnicity or culture, followed by their accent. Immigrants & Visible Minorities Who Had Experienced Discrimination: Percentage Who Indicated Each Basis of Discrimination Race or skin colour Ethnicity or culture Accent 22.8% Gender 20.5 Languages 20.5% Physical appearance 19.7 Clothing 13.4 Religion 12.6% Age 11.8% Income lever 9.4% Status as an immigrant 8.7 Physical or mental disability 5.5% Indigenous identity 5.5% Other 1.6% 37.8% 54.3 rc Indigenous Peoples were most likely to indicate that the discrimination that they had experienced was based on their indigenous identity, their physical appearance and their race or skin colour. Indigenous Peoples Who Had Experienced Discrimination: Percentage Who Indicated Each Basis of Discrimination Indigenous identity Physical appearance Race or skin colour Religion Ethnicity or culture Clothing Gender Income level Accent Language Age Physical or mental disability Status as an immigrant Other 35.6% 33.3 31.1 1jj� 27.8% 24.4 24.4 20.0% 16.7 14.4 8.9 Note: A few respondents in the Indigenous Peoples group selected 'status as an immigrant' as one of the bases of their discrimination experiences. It is possible that these respondents perceived themselves as an 'immigrant' in St. Thomas -Elgin County even though the respondents were born in Canada. Alternatively, this is attributable to random error in responding. 77 White Non -immigrants were most likely to indicate that the discrimination that they had experienced was based on their age, physical appearance, income level and gender. White Non -immigrants Who Had Experienced Discrimination: Percentage Who Indicated Each Basis of Discrimination Age Physical appearance Income level Gender Clothing 19.0% Ethnicity or culture 19.0% Physical or mental disability 16.7% Religion 16.7% Language 9.5% Race or skin colour 7.1% Other 7.1% Accent 2.4% Status as an immigrant 2.4% Indigenous identity 0.0% 38.1% Note: Afew respondents in the White Non -immigrants group selected 'statusasan immigrant' as one of the bases of their discrimination experiences. It is possible that these respondents perceived themselves as an 'immigrant' in St. Thomas -Elgin County even though the respondents were born in Canada. Alternatively, this is attributable to random error in responding. These results suggest that Immigrants & Visible Minorities and Indigenous Peoples perceive their experiences of discrimination as based on ethnocultural factors related to different minority group statuses, such as race or skin colour, indigenous identity, and ethnicity or culture. In contrast, comparison White Non -immigrants tend to perceive their experiences of discrimination as based on more universal factors, such as age, physical appearance, income level, and gender4. 4 Of the female respondents who reported experiencing discrimination, 19.0% indicated that they were discriminated against because of their gender. Of the male respondents who reported experiencing discrimination, 23.8% indicated that they were discriminated against because of their gender. 78 Are specific types of discrimination being experienced? Those people who reported that they had experienced discrimination in at least one context in the last three years were asked to indicate whether they had experienced specific types of discrimination (respondents could choose more than one type). In all three groups, respondents most frequently reported experiencing discrimination in the form of inappropriate jokes and derogatory language, followed by verbal abuse and verbal threat. Immigrants & Visible Minorities Who Had Experienced Discrimination: Percentage Who Had Experienced Each Type of Discrimination Inappropriate jokes Derogatory language Verbal abuse 26.8% Verbal threat 18.9% Physical threat 7.1% Damaged property 6.3% Physical abuse 111 3.9% 44.1 63.0% Indigenous Peoples Who Had Experienced Discrimination: Percentage Who Had Experienced Each Type of Discrimination Derogatory language Inappropriate jokes Verbal abuse Verbal threat Damaged property 24.4% Physical threat 22.2% Physical abuse 3.3% 64.4 52.2% 51.1% 44.4 r*; 'White Non -Immigrants Who Had Experienced Discrimination: Percentage Who Had Experienced Each Type of Discrimination Inappropriate jokes Derogatory language 38.1% Verbal abuse 33.3% Verbal threat 16.7% Damaged property 7.1% Physical abuse 7.1% Physical threat 4.8% Who are the perpetrators of discrimination? 47.6% Those people who reported that they had experienced discrimination in at least one context in the last three years were asked to describe who generally discriminated against them, including perpetrators' gender, age, and race or ethnicity (respondents could choose more than one response for each category). Perpetrator age In all three groups, respondents were most likely to identify perpetrators as middle-aged individuals. The extent to which respondents in each group thought that perpetrators were young or older varied a bit. For example, among respondents in the Indigenous Peoples group, younger individuals were more likely to be seen as perpetrators than older individuals. In contrast, among respondents in the Immigrants & Visible Minorities group, younger individuals were less likely to be seen as perpetrators than older individuals. Finally, among respondents in the comparison White Non -immigrants group, young and older individuals were seen as almost equally likely to be perpetrators. 80 Respondents Who Had Experienced Discrimination: Percentage Who Indicated Each Perpetrator Age Group 70.9% 43.3% 34.6Y6 Immigrants &Visib|e Minorities Perpetrator gender 76.7% 50.0% 35.6% Indigenous Peoples NNYouth =Midd|e-aeed III Older 28.3I.UY6 White Non -immigrants In all three groups, respondents indicated that perpetrators included both genders, although males were mentioned more frequently than females, especially in the Immigrant & Visible Minorities group. Respondents Who Had Experienced Discrimination: Percentage Who Indicated Each Perpetrator Gender ��Y6 72.4Y6 74.4Y6 63.8% 1.696 1% �� ......... Immigrants &Visib|e Indigenous Peoples Minorities Q0Male =_Ferna|e III Other 69.0% 4.8% White Non -immigrants 81 Perpetrator race or ethnicity In all three groups, White individuals were seen as the most common perpetrators of discrimination. Immigrants & Visible Minorities Who Had Experienced Discrimination: Percentage Who Indicated Each Perpetrator Race/Ethnicity White South Asian 18.9 Black 12.6 Arab 12.6 Southeast Asians 11.0 Chinese 9.4 West Asian 7.9 Filipino 7.9 Latin Americans 7.1 Japanese 5.5% Koreans 3.9 Indigenous 3.9% Mennonites 2.4% Other 0.8% 66.1 82 Indigenous Peoples Who Had Experienced Discrimination: Percentage Who Indicated Each Perpetrator Race/Ethnicity White Latin American South Asian Black Indigenous 18.9 Mennonite 14.4 Arab 14.4 West Asian 12.2 Southeast Asian 7.8 Korean 7.8% Filipino 7.8 Japanese 5.6% Chinese 4.4 Other 1.1% 47.8% White Non -Immigrants Who Had Experienced Discrimination: Percentage Who Indicated Each Perpetrator Race/Ethnicity White Other 14.3% Black 9.5% Indigenous 7.1% Chinese 7.1% West Asian 2.4% Mennonite 2.4% Arab 2.4% Southeast Asian 0.0% South Asian 0.0% Latin American 0.0% Korean 0.0% Japanese 0.0% Filipino 0.0% 78.6% 83 Have experiences of discrimination increased or decreased during the COVID-19 pandemic? Those people who reported that they had experienced discrimination in at least one context in the last three years were asked to indicate whether their experiences of discrimination have increased or decreased during the COVID-19 pandemic. Members of all three groups reported that their experiences of discrimination decreased during the COVID-19 pandemic, perhaps attributable to the lockdowns which reduced the frequency of interactions with others. However, respondents in the Indigenous Peoples group reported a larger decrease than respondents in the Immigrants & Visible Minorities group and the White Non -immigrants group. Average Change in Experiencing Discrimination During the COVID-19 Pandemic rIM 1.00 0.00IIIIIIIIIIIIII -1.00 -0.22 -0.46 -0.29 -2.00 HIHI Immigrants & Visible Minorities Indigenous Peoples White Non -immigrants Note: Scale ranged from 2 = much higher to -2 = much lower. Potential Coping Strategies and Emotions in Response to Discrimination What coping strategies are used in response to discrimination? Those people who reported that they had experienced discrimination in at least one context in the last three years were asked to what extent they engaged in 12 coping strategies in response to the discrimination, which were then combined into active (e.g., tried to do something about it) and passive (e.g., accepted it as the way things are) coping strategies. All three groups reported engaging in both active and passive coping strategies to a considerable degree. Of note, although passive coping strategies were more likely to be used by all three groups, this differentiation between passive and active coping was especially evident for Immigrants & Visible Minorities and White Non -immigrants. 84 Average Use of Active and Passive Coping Strategies in Response to Discrimination 3.36 3.18 2.96 3.12 2.70 ii i 2.44 i u u u AAA i u u u u u u Immigrants & Visible Indigenous Peoples White Non -immigrants Minorities ■ Active Coping = Passive Coping Note: Possible responses could range from never (1) to always (5). What feelings are elicited by experiences of discrimination? Those people who reported that they had experienced discrimination in at least one context in the last three years were asked to what extent they experienced 12 different feelings in response to this discrimination, which were then combined into exclusion (e.g., rejected), shame (e.g., ashamed), powerlessness (e.g., helpless), and discouragement (e.g., discouraged). Respondents in the Immigrant & Visible Minorities group and the White Non-immigrant group tended to experience discouragement, exclusion and powerlessness more than shame, though all emotions were experienced. Respondents in the Indigenous Peoples group reported experiencing all emotions with similar frequency. They also reported experiencing these emotions more often than the other two groups of respondents. 85 Average Feelings of Exclusion, Shame, Powerlessness, and Discouragement in Response to Discrimination 2.92 2.67 2.62 „ 2.19 "'' PINNN ' ��NNNINN ' Immigrants & Visible Minorities ■ Exclusion 2.89 2.83 2.92 3.12 iuiuiu�u a u� iuiuiui ^u a u` iuiuiu� Mu a u` uuu' iuiuiu Mu a u` Indigenous Peoples 2.59 2.32 1.88 -1111=III White Non -immigrants - Shame II Powerlessness IQ Discouragement Note: Possible responses could range from never (1) to always (5). How much psychological distress is experienced in response to discrimination? Those people who reported that they had experienced discrimination in at least one context in the last three years were asked to what extent they experienced psychological distress in response to the discrimination across 4 items, which were then combined into anxiety (e.g., nervous, anxious, or on edge) and depression (e.g., down, depressed, or hopeless.). All three groups of respondents experienced some level of anxiety and depression. However, those in the Indigenous Peoples group reported higher levels of anxiety and depression than those in the other groups. Average Experiences of Anxiety and Depression in Response to Discrimination 2.65 2.64 Immigrants & Visible Minorities 3.19 3.20 i i i i i i i Indi enous Peoples ■ Anxiety - Depression 2.50 2.41 White Non -immigrants Note: Possible responses could range from never (1) to always (5). E:i St. Thomas -Elgin County as a Welcoming Community All respondents were asked to what extent they felt accepted and welcomed in St. Thomas -Elgin County at the present time using 5 items, which were combined. On average, respondents in the White Non -immigrants group tended to have slightly stronger feelings of acceptance and welcome in St. Thomas -Elgin County than respondents in the other two groups. Respondents' discrimination experiences also seemed to play a role. In particular, in the Immigrants & Visible Minorities group and the Indigenous Peoples group, respondents who had not experienced discrimination had a higher sense of acceptance and welcome in St. Thomas -Elgin County than those who had experienced discrimination. Average Feelings of Acceptance and Welcome in St. Thomas -Elgin County 4.06 3.80 3.69 3.55 3.19 3.20 .�.�.�.�.�.�.�.�.�.�.�: uuuu�wuuuuuu�wuuuuuu�x u ��, IIiIIII�IptiU��UFFa�I II��IIIVidiIIIII��IIIVidiIIIII��IIIViS ��, IIiIIII�IptiU��UFFa�I II��IIIVidiIIIII��IIIVidiIIIII��IIIViS ��, IIiIIII�IptiU��UFFa�I II��IIIVidiIIIII��IIIVidiIIIII��IIIViS Immigrants & Visible Indigenous Peoples White Non -immigrants Minorities N Experienced Discrimination - Never or Rarely Experienced Discrimination Note: Possible responses could range from not at all (1) to extremely (5). 87 References Abacus Data (2021). Online Hate and Racism: Canadian Experiences and Opinions on What to Do About It. https://www.crrf- fcrr.ca/images/CRRF_OnlineHate_Racism_Jan2021_FINAL.pdf APA Dictionary of Psychology (2020). Microaggression. https://dictionary.apa.or�/microa��ression Baig, F. (2021, March, 2). 'Racism is a real problem': Muslim women fearful following attacks in Edmonton. 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While using public areas, such as parks and sidewalks. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often 3. While using public transit, such as buses, trains or taxis. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often 4. In a store, bank, or restaurant. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often 5. When applying for a job or promotion. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply ❑ Always ❑ Does Not Apply ❑ Always ❑ Does Not Apply ❑ Always ❑ Does Not Apply 6. At your job — for example, from supervisors, co-workers, or clients. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 7. When interacting with the police. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 8. When interacting with the courts. ❑ Never ❑ Rarely 9. When attending school or classes. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply ❑ Always ❑ Does Not Apply 94 10. When looking for housing (for example, buying a house or renting an apartment). ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 11. While attending social gatherings. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 12. When interacting with your neighbours. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 13. When participating in a club, meeting, or organization. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 14. When interacting with hospitals or health care workers. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 15. When applying for a program or benefit. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always ❑ Does Not Apply 16. In another situation that you were not asked about — Please describe that situation: ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always 17. You indicated that in the past 3 years you have been discriminated against or treated unfairly by others in the St. Thomas -Elgin County area. What do you think were the main reasons for this discrimination or unfair treatment? (You can choose more than one.) ❑ Your Indigenous identity ❑ Your race or skin colour ❑ Your ethnicity or culture ❑ Your status as an immigrant ❑ Your religion ❑ Your language ❑ Your accent ❑ Your gender ❑ A physical or mental disability ❑ Your income level ❑ Your clothing W, ❑ Your physical appearance (not including skin colour) such as weight, height, hair style or colour, jewelry, tattoos and other physical characteristics ❑ Some other reason 18. In the past 3 years, have you experienced any of the following specific forms of discrimination or mistreatment? (You can choose more than one.) ❑ Inappropriate jokes ❑ Derogatory language ❑ Verbal threat ❑ Verbal abuse ❑ Physical threat ❑ Physical abuse ❑ Damaged property 19. Generally speaking, were those who discriminated against you: (You can choose more than one.) ❑ Male ❑ Female ❑ Other gender Were they: ❑ Youths ❑ Middle aged ❑ Older Were they: ❑ Arab ❑ Black ❑ Chinese ❑ Filipino ❑ First Nations, Metis, or Inuk (Inuit) ❑ Japanese ❑ Korean ❑ Latin American ❑ Mennonite ❑ South Asian (e.g., East Indian, Pakistani, Sri Lankan) ❑ Southeast Asian (e.g., Vietnamese, Cambodian, Laotian, Thai) ❑ West Asian (e.g., Iranian, Afghan) ❑ White ❑ Other (Please specify) M. 20. During the COVID-19 pandemic, on average how much have your experiences of discrimination or mistreatment changed? During the pandemic have they been: ❑ Much Lower ❑ Somewhat ❑ About the Same ❑ Somewhat ❑ Much Lower Higher Higher 21. In response to being discriminated against or treated unfairly in the past 3 years in the St. Thomas -Elgin County area how often did you do each of the following? a. Tried to do something about it. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always b. Accepted it as the way things are. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always c. Ignored it. ❑ Never ❑ Rarely d. Told yourself they were ignorant. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Sometimes ❑ Often e. Worked harder to prove them wrong. ❑ Never ❑ Rarely ❑ Sometimes f. Felt that you brought it on yourself. ❑ Never ❑ Rarely ❑ Sometimes g. Talked to someone about how you were feeling. ❑ Never ❑ Rarely ❑ Sometimes h. Reminded yourself of your rightful place in Canada. ❑ Never ❑ Rarely ❑ Sometimes i. Expressed anger or got mad. ❑ Never ❑ Rarely ❑ Often ❑ Often ❑ Often ❑ Often ❑ Sometimes ❑ Often ❑ Always ❑ Always ❑ Always ❑ Always ❑ Always ❑ Always ❑ Always 97 j. Prayed about the situation. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always k. Avoided situations where it could happen again. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always I. Felt that it was something about them and not you. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always 22. In response to being discriminated against or treated unfairly in the past 3 years in the St. Thomas -Elgin County area how often did you feel ... a. Unwanted ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always b. Rejected ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always c. Helpless ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always d. Weak ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always e. Intimidated ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always f. Puzzled ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always g. Stupid ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always h. Foolish ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always 98 i. Ashamed ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always j. Frustrated ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always k. Discouraged ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always I. Humiliated ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always 23. In response to being discriminated against or treated unfairly in the past 3 years in the St. Thomas -Elgin County area, how often were you bothered by the following problems? a. Feeling nervous, anxious, or on edge. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always b. Not being able to stop or control worrying. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always c. Feeling down, depressed, or hopeless. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always d. Little interest or pleasure in doing things. ❑ Never ❑ Rarely ❑ Sometimes ❑ Often ❑ Always 24. How much do you feel that you are accepted in the St. Thomas -Elgin County area? ❑ Not at all ❑ Slightly ❑ Moderately ❑ Very ❑ Extremely 25. How much do you feel welcome in the St. Thomas -Elgin County area? ❑ Not at all ❑ Slightly ❑ Moderately ❑ Very ❑ Extremely 26. How much do you feel a sense of belonging to the St. Thomas -Elgin County area? ❑ Not at all ❑ Slightly ❑ Moderately ❑ Very ❑ Extremely W 27. How much do you feel recognized as part of the St. Thomas -Elgin County area? ❑ Not at all ❑ Slightly ❑ Moderately ❑ Very ❑ Extremely 28. How much do you feel safe in the St. Thomas -Elgin County area? ❑ Not at all ❑ Slightly ❑ Moderately ❑ Very ❑ Extremely 29. What is your gender? ❑ Female ❑ Male ❑ Non -binary (e.g., gender fluid, queer) ❑ Other (Please specify) 30. What is your age? 31. Were you born in Canada? ❑ Yes ❑ No 32. What was your status when you first arrived in Canada? ❑ Immigrant - Economic Class (Skilled Worker, Canadian Experience Class, Provincial Nominee Program, or Business Programs) ❑ Immigrant - Family Class (Sponsored Spouse, Sponsored Parent or Grandparent, or Other Immigrant Sponsored by Family) ❑ Resettled Refugee (Government Assisted, Privately Sponsored, Blended Visa Office - Referred Program) ❑ Refugee Claimant (or Asylum Seeker) ❑ Temporary Resident - Student on Student Visa ❑ Temporary Resident -Temporary Foreign Worker including Agricultural Worker or Live -In Caregiver ❑ Temporary Resident - In Canada on Visitor Visa ❑ Temporary Resident - In Canada on Work Visa ❑ Person Without Status, Undocumented Individual ❑ Other 33. What is your current immigration status? ❑ Canadian Citizen ❑ Permanent Resident ❑ Protected Person ❑ Temporary Resident ❑ Refugee Claimant ❑ Undocumented ❑ Other 34. How long have you lived in Canada? (months) 35. How long have you lived in the St. Thomas -Elgin County area? (months) 36. What language(s) do you speak most often at home? (You can choose more than one) ❑ English ❑ French ❑ Other (Please specify) 37. What is your current employment status? (You can choose more than one) ❑ Employed full-time (30 hours a week or more) ❑ Employed part-time (Less than 30 hours a week) ❑ Self-employed or own your own business ❑ Unemployed, looking for work ❑ Unemployed, not looking for work ❑ Retired ❑ Student ❑ Homemaker ❑ Other (Please specify) 38. How would you describe your ethnic or racial identity? (You can choose more than one) ❑ Arab ❑ Black ❑ Chinese ❑ Filipino ❑ First Nations, Metis, or Inuk (Inuit) ❑ Japanese ❑ Korean ❑ Latin American ❑ Mennonite ❑ South Asian (e.g., East Indian, Pakistani, Sri Lankan) ❑ Southeast Asian (e.g., Vietnamese, Cambodian, Laotian, Thai) ❑ West Asian (e.g., Iranian, Afghan) ❑ White ❑ Other (Please specify) 39. How would you describe your sense of belonging with other [group chosen] people? ❑ Very Weak ❑ Somewhat ❑ Moderate ❑ Somewhat ❑ Very Strong Weak Strong [Repeated for each group chosen.] 40. With regard to religion, how do you presently identify yourself or think of yourself as being? (You can choose more than one) ❑ Baha'i ❑ Buddhist ❑ Christian ❑ Hindu ❑ Jewish ❑ Mennonite ❑ Muslim ❑ Sikh ❑ Traditional/Spirituality ❑ No religion (atheist or agnostic) ❑ Other (Please specify) 41. How would you describe your sense of belonging with other [group chosen] people? ❑ Very Weak ❑ Somewhat ❑ Moderate ❑ Somewhat ❑ Very Strong Weak Strong [Repeated for each group chosen.] 42. What is the highest level of education that you have completed? ❑ Less than elementary school ❑ Elementary school ❑ Secondary/high school ❑ College/vocational training ❑ University undergraduate degree ❑ University graduate degree ❑ Professional degree (e.g., Medicine, Law, Engineering) 43. Please indicate your approximate annual household income, from all sources, before taxes. ❑ No income ❑ Less than $45,000 ❑ $45,001 to $80,000 ❑ $80,001 to $130,000 ❑ More than $130,000 ❑ I prefer not to answer 102 REPORTS OF COUNCIL AND STAFF February 8, 2022 Council Reports —ATTACHED Warden French —Warden's Activity Report (January) & COVID-19 Update Councillor Jones — Environmental Committee Request for Funding Councillor Purcell — Terrace Lodge Redevelopment Construction Progress Update Staff Reports —ATTACHED Director of Homes and Seniors Services — Homes — Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E Purchasing Coordinator — Procurement Activity Report (October 1, 2021 to December 31, 2021) Director of Community and Cultural Services — Elgin County Museum Advisory Committee 2022 Membership Director of Human Resources — HR Policies: 9.60 `Paid Sick Leave / Short-term Disability' & 5.20 `Benefit Premium Payments' Manager of Economic Development and Tourism — SCOR Short Line Rail Manager of Economic Development and Tourism — Local Business Accelerator Program General Manager of EPE/Deputy CAO — 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 EPE/Deputy CAO — 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 EPE/Deputy CAO — Dutton Land Holdings Development — Currie Road General Manager of EPE/Deputy CAO — Elgin (County) / Eh!tel Networks Inc. — Telecommunication Equipment Consent and Road User Agreement General Manager of EPE/Deputy CAO — Whites Station Operations Centre Antenna Communications Tower Inspection General Manager of EPE/Deputy CAO — Terrace Lodge Redevelopment — Revised Development Agreement My-] County Solicitor — Bank Street (South of Catfish Creek) — Re -Addition to Elgin County Highway System Legislative Services Coordinator — TVDSB Trustee Distribution for 2022-2026 Chief Administrative Officer— Transfer Payment Agreement for the Municipal Modernization Program Chief Administrative Officer — COVID-19 Emergency Team Planning — January Update REPORT TO COUNTY COUNCIL FROM: Mary French Warden �l�llllluouuu°°� DATE: February 1 2022 SUBJECT: Warden's Activity Report (January) and Prug1ressive by Nature COVID-19 Update RECOMMENDATION: 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. INTRODUCTION: This report provides a high-level summary of the County's response to the pandemic as well as a list of events and meetings I attended and organized on behalf of County Council. DISCUSSION: COVID-19 Update At the time of this report (February 1, 2022) there were 3,091 individuals hospitalized with COVID-19 in Ontario. 568 of these individuals are in the ICU. The province has begun to distinguish between those who are in the ICU because of COVID-19 and those who are in the ICU for other reasons but have tested positive for COVID-19 upon entry. Currently 84% of ICU patients are in the ICU as a result of the effects of COVID-19. As of January 31, 2022, Southwestern Public Health was reporting 676 active cases of COVID-19 in the region. These numbers may reflect a lower rate of COVID-19 in our community as only certain groups are eligible for lab -based testing. Provincial Restrictions On January 3, 2022 the Province announced a return to Step 2 of the°..„�l...in,,,�,.I�,).....%Q�;;;,�. .ef::n2E,i at 12:01 a.m. on January 5, 2022 effective until January 27, 2022 and the reinstatement of restrictions associated with this step. Including: • Delay in class learning for 2 weeks (return to virtual learning) with free emergency child care planned for school -aged children of health care and other eligible frontline workers. • Indoor gatherings limited to 5 people and outdoor to 10. 1191..1 • Indoor areas are closed with exceptions (such as child care, court and government services, social services, health services) • Indoor events limited to five people or fewer. • Outdoor events have no limits, but face coverings and/or masks must be worn when distancing cannot be maintained. • Businesses must ensure that all work is conducted remotely, unless the nature of the work requires workers to be on -site at the workplace. • Indoor recreational amenities closed. • Outdoor recreational amenities open. • Museums closed. • Libraries and Community Centres can remain open with 50% capacity. • Indoor dining service is closed — take out, drive -through and delivery is allowed. • Theatres, Museums and Cinemas are closed. • Gyms and indoor sports closed. Outdoor sports open with limits. • Personal care services limited to 50% • Indoor religious services limited to 50%. • Hospitals will return to Directive 2 which pauses all non -emergent and urgent procedures. • Ontario added new restrictions to long-term care homes, including banning access to general visitors and day absences for social purposes as of December 30, 2021. • Under the new restrictions, access to long-term care homes by general visitors is paused, but two (2) designated caregivers per person may continue to enter the Homes. On January 17, 2022, school age children returned to in -person learning and on January 31, 2022 the province lifted several of the restrictions put in place on January 5, 2022 including: increasing social gathering limits to 10 people indoors and 25 people outdoors increasing capacity at organized public events to 25 people indoors increasing or maintaining capacity limits at 50 per cent in most indoor public settings, including but not limited to: • restaurants, bars, other food or drink establishments without dance facilities and strip clubs • non -spectator areas of facilities used for sports and recreational fitness activities (such as gyms and businesses offering personal fitness training) cinemas • meeting and event spaces • museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions • casinos, bingo halls and other gaming establishments allowing indoor spectator areas of facilities used for sports and recreational fitness activities (such as sporting events), concert venues, and theatres to operate at 50 per cent of the usual seating capacity or 500 people, whichever is less 1101 • proof of vaccination requirements would continue to apply in existing settings • and Redeployed County Staff I would like to recognize the efforts of Elgin County staff who over the course of the pandemic have volunteered to be redeployed to critical service areas including Elgin's Long -Term Care Homes. Staff were redeployed at the start of the pandemic in 2020 and again recently to support the efforts of Long -Term Care Homes staff to keep residents safe during the Omicron surge. I commend staff for their flexibility, dedication and willingness to take on these new roles during these challenging times. ROMA Conference From January 23-26, 1 attended the virtual Rural Ontario Municipal Association (ROMA) Conference with several of my fellow Councillors. Councillor Purcell and I met with the Minister of Long -Term Care to advocate on behalf of Elgin's Long -Term Care Homes. This annual conference is an important opportunity for Municipal elected officials to meet with Ministers to ensure they are aware of the challenges faced by rural and small communities. County Operations The Elgin County Administration Building is serving the public by telephone, email or by appointment only, between the hours of 8.30 a.m. and 4.30 p.m. Visitors are limited and anyone entering the building is screened for COVID-19. As a result of the provincial restrictions announced on January 3, 2022, the Elgin County Museum and Archives were closed to the public for the duration of January. The Museum was able to open on February 1 with limited hours and capacity limits as a result of lifting restrictions. The Archives were able to open by appointment only on February 1. All ten Elgin County Library branches remain open with strict capacity limits and health and safety protocols in place. All Administration staff who are able, are being encouraged to work from home as much as possible to reduce contact with coworkers. Provincial Offences is open by appointment only. Ticket payment is to be done virtually or by phone. No general visitors are permitted in the Homes at this time and resident absences are not permitted during this time. Events/Meetings Attended by Warden: • Elgin County Council (January 11 and 31) • Elgin County Emergency Operations Group (EOC) (January 7) • Terrace Lodge Redevelopment Steering Committee Meeting (January 4) • Rural Initiatives and Planning Advisory Committee Meeting (January 5) • Budget Committee (January 12) • SCOR Special Planning Meeting (January 17) • Webinar with Minister of Infrastructure (January 18) IN U • Environmental Committee Meeting (January 19) • Rural Ontario Municipal Association (ROMA) Conference — January 23-25 • WOWC Multi -Ministers Delegation at ROMA 2022 • Ministry of Long -Term Care Delegation ROMA • OMAFRA Delegation ROMA • Ministry of Energy Delegation ROMA • Ministry of Economic Development, Job Creation, and Trade Delegation ROMA • State of the City, London Mayor Holder (January 25) • Meeting with St. Thomas Mayor Preston (January 25) • Regular SCOR Meeting (January 27) FINANCIAL IMPLICATIONS: The financial impact of COVID-19 and the County's response efforts are reported to Council on a monthly basis. There are no other financial implications to report at this time. 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. Additional Comments: Elgin County Council's response efforts and the continuity of essential projects and services align with Elgin County Council's Strategic Plan 2020- 2022. LOCAL MUNICIPAL PARTNER IMPACT: Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. COMMUNICATION REQUIREMENTS: A brief synopsis will be included in the Council Highlights document that is posted to the website and distributed to local Councils. CONCLUSION: The return to stricter provincial restrictions in January, to stem the spread of the Omicron variant and protect the health care system has been challenging for all Elgin County residents and businesses. The plateauing of new cases and serious hospitalizations is evidence that these measures have been successful. I am hopeful that conditions will continue to improve over the course of the next month. All of which is Respectfully Submitted Warden Mary French IKIN REPORT TO COUNTY COUNCIL �FROM: Councillor Jones, Chair of the Environmental Advisory Committee �Il�uumouuun° DATE: January 27, 2022 Prug1ressive by Nature SUBJECT: Environmental Committee Request for Funding RECOMMENDATIONS: 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. INTRODUCTION: At its meeting held on January 11, 2022, Elgin County Council considered correspondence from the Environmental Advisory Committee requesting $10,000 be earmarked in the 2022 budget for the installation of wildflower plots* at the Elgin County Administration Building and other County -owed facilities. After careful consideration Council decided that more information, particularly in respect to costs associated with this potential project, was needed before an informed decision could be made. Correspondence was sent to the Environmental Advisory Committee which met on February 19t" to discuss Council's response and provide a more detailed proposal for Council's consideration. This report includes the following: 1. Answers to questions posed by County Council at its January 11, 2022 meeting; 2. Options considered and Preferred Option; 3. Cost of Preferred Option; 4. Additional low/no cost options; and, 5. Potential sources of funding. IsM *The term wildflower plots will be utilized in place of what reports previously referred to as "pollinator gardens". The Environmental Advisory Committee has indicated that this term more accurately reflects the type of garden the Committee wishes to install. BACKGROUND: estions from Council Council requested that the Environmental Committee answer/clarify the following: 1.) With respect to the grounds to the South of the County Building — are those tall grass prairie plantings in there? It was confirmed, through consultation with the Conservation Authority, that the naturalized area South of the County Administration Building is a tall grass prairie planting. 2.) Is a naturalized area / pollinator garden already established in this area (grounds to the South of the County Building)? Councillor Jones provided an explanation clarifying the difference between a wildflower plot and prairie plantings. Although there are some flowering plants in the tall grass prairie area, they do not provide adequate habitat in the long-term as grasses and seedlings planted in the area will eventually overtake any flowering plants. 3.) Provide a more detailed proposal including, in particular, associated costs. Available financial information is detailed within this report. 4.) It was suggested that the Environmental Committee consider developing proposals and considering projects and / or initiatives that do not cost money but could save money while improving the impact on the environment (i.e. reviewing mowing, spraying approaches) — additionally, Council asked that the Committee consider other practices/policies that could be reviewed rather than requests that require funding. Suggestions for no-cost/low-cost initiatives are detailed within this report. 5.) Who funded the naturalized space next to the County Building at 450 Sunset? Specifically, was some of the funding provided by the Conservation Authority? It was confirmed by the Conservation Authority, that funding for the tall grass prairie to the South of the County Administration Building was provided by the following sources: INS Elgin Clean Water Program Kettle Creek Clean Water Initiative (which is a Kettle Creek Conservation Authority fund) Forests Ontario and the 50 Million Tree Program funded the seedlings It was confirmed that funding through the Conservation Authority is reserved for projects over an acre in size. The tall grass prairie planting is 3.5 acres. 6.) It was recommended that the Committee explore alternatives for funding. Suggestions regarding existing environmental programs and the County's eligibility to apply for programs/funding are included within this report. Options Considered/Selected by the Committee The Committee considered the merits of the following three options: Option #1 - Identify a location for a single pollinator garden • The identified site for the location of a single pollinator garden is the Administration Building at 450 Sunset Drive. It is proposed that the garden would be placed in the north lawn between Karen Street and the administration building. • The proposed size is approximately 600 sq. ft. • This would be a new garden and may marginally increase plant bed maintenance costs due to the added work of weeding, edging/trimming, and ensuring the water source is filled. • This proposal would also include information signage for garden visitors. • The cost of this Option is estimated to be $15,000 (design, installation, signage). Option #2 — Repurpose/Enhance existing garden(s) at County facilities into wildflower plots Corporate Facilities Staff has undertaken a review of all existing gardens at all County facilities and identified suitable locations at each facility for a wildflower plot to be established. For the purposes of this report, it's "V: assumed a pre-existing 225 sq.ft. garden would be repurposed into a wildflower for budget purposes. • The design includes a variety of native plants that will attract pollinators throughout the entire growing season. This design also provides for water features and a bee housing structure. The County would engage local expertise to finalize any design proposals prior to tendering this work if it were to be approved by Council. • This proposal would also include information signage for garden visitors. • This would not be a new garden and would not increase maintenance costs as weeding and maintenance of gardens forms part of existing service agreements. • The cost of this option is estimated to be $4,700/garden (design, installation, signage). Option #3 - A combination of Options 1 & 2 • This option would be the most expensive and more information would need to be collected for accurate costing. • The number of gardens would need to be clarified and their locations pinpointed. • Multiple locations are not recommended for 2022. Committee's Preferred Option The Committee has determined that Option #2 (Repurposing of an existing 225sq. ft. gardens as a wildflower plots) is the most viable and cost-effective option for a project in 2022. The Committee is recommending that one (1) 225 sq. ft. garden at one of Elgin's Long -Term Care Homes (to be determined by facilities staff) be repurposed as a wildflower plot in 2022. The Committee is also asking that Council permit the Committee to explore partnership and alternative funding opportunities for additional projects to be implemented in 2023 (contingent on receiving funding). Finally, the Committee is asking that Council permit the Committee to develop, in conjunction with staff, a Landscaping Policy that incorporates the planting of native species in any new landscaping projects or re -plantings. This policy would be presented for Council's consideration at a future meeting. Cost of Preferred Option Option 2 - (Repurposing of Existing Facility Garden Beds- 225 sq.ft.) IsN Design $200.00 Signage $500.00 Construction $4,000.00 Total $4,700.00/per garden Low/No Cost Alternatives Landscape Policy Incorporating Native Species In addition to the $5,000 request, the Committee is seeking Council's consent to develop (with the assistance of staff) a policy for Council's consideration that requires any new landscaping or planned re -planting in existing gardens to incorporate native plants. This approach would use the existing landscaping budget to gradually transform County gardens into gardens that support native species. Whenever new gardens are created, they would include native plants; and whenever existing gardens are replanted, they would be replanted to include native plants. While this approach may take longer to implement, it would ensure that wildflower plots are established in a sustainable way and that they will be maintained for years to come. Landscape Design Program — Fanshawe College The students in the Landscape Design Program at Fanshawe College participate in Community Outreach projects each semester. Staff have reached out to Fanshawe College and determined that they are already fully subscribed for projects for this semester but there might be a chance to work with the program in the Fall semester. Students would design (with the Committee's input) a standalone wildflower plot at no cost to the County, and are willing to work within a budget set by the Committee. The County would be responsible for the cost of materials and installation of the garden. The Committee could use this design to install a standalone wildflower plot North of the County Administration Building in 2023, contingent on receiving funding from alternative sources. Alternative Funding Sources Many environmental funds are only open to private land owners and specifically preclude municipalities from applying; however, a few possible options were investigated and are detailed below. This list is not exhaustive. ALUS The Alternative Land Use Services, is a community -developed and farmer delivered program that produces, enhances and maintains ecosystems on agricultural land. Although ALUS usually completes projects on agricultural land, preliminary discussions "01 with ALUS representatives indicate a willingness to consider a special project with Elgin County. Ontario Community Environment Fund Municipalities are eligible to apply for the Ontario Community Environment Fund and eligible projects include those that increase environmental restoration and remediation activities which repair environmental harm. For example: planting trees, shrubs or plants to help mitigate and adapt to climate change. Proposed projects must be at least $5,000 to qualify. The proposed activities / project of creating pollinator habitat and/or rain gardens would be eligible. Representatives from the Ministry of the Environment, Conservation and Parks indicate that it is likely that the in -take period for applications will open in mid-2022 for projects starting in 2023. TD Friends of the Environment Foundation Grant The Foundation supports a wide range of environmental initiatives, with a primary focus on environmental education and green space programs. Eligible projects include schoolyard greening, park revitalization, community gardens, park programming and citizen science initiatives. Grants through this foundation are usually between $2,000 and $8,000. The Committee could apply in the July 2022 in -take period for a project to be implemented in 2023. FINANCIAL IMPLICATIONS: If Council were to approve this request, $5,000 would be added to the 2022 Budget. "&7 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Council's decision will be communicated to the Environmental Advisory Committee. CONCLUSION: The Environmental Advisory Committee is recommending that Council earmark $5,000 in the 2022 Budget to be used to repurpose an existing 225 sq. ft. garden at one of Elgin's Long -Term Care Homes into a wildflower plot. The Committee also seeks Council's consent to explore partnerships and alternative funding sources for future projects in 2023, and to develop a Landscaping Policy that incorporates native species into all of Elgin's future landscaping projects. All of which is Respectfully Submitted Councillor Grant Jones "ly REPORT TO COUNTY COUNCIL FROM: Bob Purcell Terrace Lodge Redevelopment Steering Committee Chair r �Il�uumouuu�^^ DATE: January 17, 2022 Pruillressive byNature SUBJECT: Terrace Lodge Redevelopment Construction Progress Update RECOMMENDATION: 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. INTRODUCTION: The purpose of this report is to provide Council with a progress update on the Terrace Lodge Redevelopment project. DISCUSSION: Phase One of the Terrace Lodge Redevelopment is progressing in general conformity to the approved construction schedule and at this time is on track to move to Phase two in late 2022. Minor delays experienced to date have been a result of weather, a discrepancy in building dimensions and the time required to ensure the accuracy of the dimensions to proceed with construction. A summary of construction progress date is as follows: • March 2021 — Start of project, clearing of site and setting up of construction trailers and staging/storage areas. Construction of temporary access lane for the project. • April — May 2021 — Begin excavation of addition, prepare for the relocation of the existing ground mounted air handling units for north and south wings. • June — Aug 2021 - Continue to form and pour concrete foots, pads, and walls. Delays experienced do to multiple heavy rain events throughout the summer. • Sept — Nov 2021— Completion of foundation, installation of all underground electrical conduit and plumbing. The installation of all structural steel framing and metal studding. Ongoing installation of above ground electrical conduit, Mechanical rough in. Installation of concrete floor on ground level. INN • Dec — Jan 2022 — Completion of interior steel partitions, continued installation of mechanical, plumbing and electrical infrastructure throughout the addition. Installation of roofing material and placement of roof top HVAC equipment. In the process of this project a number of change orders have been required due to either an addition to work that was not included in the original contract, or an alteration to work that was included in the contract that resulted in an increase or decrease in cost. As of January 4t", 2022, there were 29 contemplated change orders approved to date for a total construction value or $360,322.30. (please refer to MMMC's Architects Report Summary, dated January 4, 2022 attached to this report). Staff continue to work collaboratively with the Ministry of Long -Term Care and the Construction Team to move the project forward. This is achieved by regular site meetings and inspections, and frequent communications with the County's Construction Manager representatives from D.Grant Construction Limited. The project can be I ` . In followed on e communications we si e i � ��, �n � ii ��;n have also included a number of pictures attached to this report which showcases construction progress achieved throughout 2021. FINANCIAL IMPLICATIONS: Currently the Project remains within approved Budget and contingencies A detailed breakdown is provided in the following table; Consulting Services 3,363,964 2,315,216 Technology 585,000 845 Furniture & Fixtures 967,475 - Misc * 469,832 175,292 HST (1.76%) 612,176 136,621 Subtotal 35,644,900 7,899,178 Budget 35,644,900 7,899,178 Deficit/Surplus Provincial Funding: One Time 250,000 250,000 Upon Completion 2,924,600 - 25 Year Compliance 19,418,000 - Estimated Carrying Cost** (5,642,000) - IMPQ 16, 950, 600 250,000 County Share*** 18,677,412 7,649,178 Total**** 35,628,012 7,899,178 *Moving, Permits, Utilities & Other **Debenture 14M ***Debenture 11 M ****Total Debt 25M 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. 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 public is encouraged to follow construction progress on the County's project we site 1 i il°'e,�ei i�. „„ �` �. CONCLUSION: In the first year of construction the project is progressing on schedule and within approved budget. It is anticipated that this progress and level of performance will continue throughout the duration this project. Updates will be provided to Council throughout 2022 on the progress of the project. IsM All of which is Respectfully Submitted Bob Purcell Terrace Lodge Redevelopment Steering Committee Chair Approved for Submission Julie Gonyou Chief Administrative Officer IFIN To D. Grant Construction Limited Attention Darrell Gerrits Date 4 January, 2022 Project Terrace Lodge Redevelopment Project No. 1903 Issued By: Stephen Houston Short Description Reason For Report PROPOSED CHANGE PC 1 .1 Civil - Revise storm pipe Site RFI No. between CBMHA and CBMH.1 to be 250 mm dia in lieu of 150mm, and revise OGS northeast outlet elevation as per GM B1uePlan PCN No. 1, dated 24 Feb 2021, 6 pages. PC 2.1 Civil - Centre Courtyard: Revise Site RFI No. 250 dia storm in vicinity of 004 South RHA balcony columns as per GM B1uePlan CCN No.2 dated 19 March 2021 and Civil drawing 2 Rev. 15 dated 15 March 2021. PC 3. 1 Civil - Staff Parking Lot Site RFI No. Existing 250 storm between 006 CBMH1 & CB5: Abandon pipe and parge catchbasins in lieu of removal.removing the pipe. REPORT SUMMARY Quotes Received Date of Issue Date Value Additions Deductions Processed As 25 February, 2021 15 March, 2021 19 March, 2021 23 March, 2021 $567.79 $567.79 $930.00 $930.00 17 March, 2021 15 March, 2021-$2,780.00 121 CCO 1 CCO 3 $2,780.00 CCO 2 Page 1 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment REPORT SUMMARY Continued Short Description Reason For Report Date of Issue PC 4.1 Structural - Revise five balcony Struct 30 March, 2021 column concrete foundations to RFI No. 003 be round concrete piersvwith cast in place bearing plate, as per Tacoma SCN No. 1, 1 page dated 29 March 2021, and drawings S 101, S 102 and S 104, Rev. 11, dated 29 March 2021. PC 5. 1 Bonds & Insurance Premiums - Owner 23 April, 2021 RFI No. Adjust budget amounts to Adjust budget to account for 7 account for the 7 month delay in month delay in start of start of construction construction. PC 6. 1 Building 'shift' along GL 'nL' Site 14 May, 2021 RFI No. 015 and 'nK PC 6.2 Building 'shift' along GL 'nL' Site 14 May, 2021 RFI No. 015 and 'nK PC 7. 1 Provide temporary directional Site 14 May, 2021 RFI No. Exit signage and Exit sign above exit door in Stairwell STN2 & STS2. PC 7.2 Provide opaque covering at Site 14 May, 2021 RFI No. former exit door locations and provide `Danger due to Construction' signage in Stair STN2 & STS2. PC 8.1 Provide site signage. Owner 17 May, 2021 RFI No. 122 Quotes Received Date Value Additions Deductions Processed As 08 April, 2021 $1,630.20 $1,575.20 CCO 4 15 April, 2021 $1,575.20 20 April, 2021 $53,309.20 $53,309.20 CCO 5 $44,935.75 CCO 8 CCO 8 $198.91 CCO 7 CCO 7 $1,130.78 CCO 6 Page 2 uuurmuwdsr ,,:rs Terrace Lodge Redevelopment Short Description Reason For Report Date of Issue PC 8.2 Site Signage Owner 17 May, 2021 RFI No. PC 9. 1 North Courtyard planting bed Owner RFI No. and concrete walk modifications. PC 10.1 Ductwork and partition revision Arch RFI No. 027 in Barrier Free Washroom S238. PC 10.2 Ductwork revision in Barrier Mech RFI No. 027 Free Washroom S238 PC 11 .1 Relocate existing condensing Mech RFI No. unit at Receiving addition 022 interference. PC 12.1 Electrical revisions for Elec RFI No. mechanical units to coordinate with shop drawings. PC 13.1 Receiving Area Revisions Arch RFI No. 23 PC 14.1 Electrical Revisions to Elec RFI No. coordinate with site conditions and clarify power shedding scope of work. 31 May, 2021 14 June, 2021 14 June, 2021 15 June, 2021 18 June, 2021 18 June, 2021 22 June, 2021 123 REPORT SUMMARY Continued Quotes Received Date Value Additions Deductions Processed As $3,829.79 $0.00 $0.00 $14,539.76 $0.00 $11,459.81 $0.00 CCO 9 CCO 10 CCO 10 CCO 20 CCO 10 CCO 11 CCO 10 Page 3 uuurmuwdsr ,,:rs Terrace Lodge Redevelopment Short Description Reason For Report Date of Issue PC 15.1 Add primary cabling and duct Elec 25 June, 2021 RFI No. bank to scope of work. PC 16.1 Revisions to buried DCW Mech 25 June, 2021 RFI No. piping PC 17.1 Add Channel framing at roof Struct 4 August, 2021 RFI No. infill. PC 18.1 Revised routing of site services Mech 18 August, 2021 RFI No. & Revised kitchen exhaust fan PC 19.1 Revise electrical feeders to Mech 7 September, 2021 RFI No. 049 coordinate with site conditions. PC 20. 1 Add additional Staff parking Arch 13 September, RFI No. area. PC 20.2 Removal of existing tree and Arch 13 September, RFI No. provision of new tree adjacent to additional parking area. PC 21.1 Stairway Lintel modifications at Struct 15 September, RFI No. n23a. 124 REPORT SUMMARY Continued Quotes Received Date Value Additions Deductions Processed As $6,619.25 CCO 12 $0.00 CCO 10 $1,111.70 CCO 13 $6,473.30 CCO 14 $0.00 CCO 15 $25,094.50 CCO 16 CCO 16 $2,142.50 CCO 26 Page 4 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment Short Description Reason For Report Date of Issue REPORT SUMMARY Continued Quotes Received Date Value Additions Deductions Processed As PC 22.1 Relocate existing electrical Elec 17 September, RFI No. connection for condenser unit to roof. PC 23. 1 Replace Kitchen RTU with new Mech 28 September, RFI No. AHU. PC 24. 1 Provide a trench for new fire Site 30 September, $1,517.00 CCO 19 RFI No. alarm conduit and wires (by others) PC 25.1 Provide ground fault protection Elec 1 October, 2021 $3,311.39 CCO 17 RFI No. on new switchboard. PC 26.1 Electrical requirements to Elec 6 October, 2021 RFI No. replace existing kitchen RTU with new AHU-05. PC 27.1 Provide concrete ledge and lean Struct 25 October, 2021 RFI No. concrete fill at Receiving Area 052 Addition elevator pit/underpinning. PC 28. 1 Add breaker and power Elec 28 October, 2021 $1,079.03 CCO 22 RFI No. connection for new digital circulating valve in Penthouse. PC 29. 1 Remove unsuitable native soil Site 2 November, 2021 $8,151.20 CCO 18 RFI No. and provide granular B fill. 125 Page 5 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment Short Description Reason For Report Date of Issue REPORT SUMMARY Continued Quotes Received Date Value Additions Deductions Processed As PC 30. 1 Delete reinforcing of existing Struct 23 November, 2021 $0.00 CCO 28 roof structure at STN2 & STS2. RFI No. PC 31 . 1 Add new roof drain adjacent to Mech 25 November, 2021 $6,358.64 CCO 25 RFI No. Stair STS3. PC 32. 1 Relocate new sprinkler main Mech 25 November, 2021 $5,226.43 CCO 21 RFI No. connection location in existing 047 basement. PC 33. 1 Revise North, West and South Arch 26 November, 2021 $3,385.14 CCO 23 RFI No. exterior walls of Mechanical 059 Penthouse N302 to be Exterior Wall Assembly Type W-Ole (203 metal studs @ 400 O/C) PC 34. 1 Replace concrete block wall in Arch 26 November, 2021 RFI No. Elevator Machine Room CB 16 with 2layers of 16mm Type `X' gypsum board one side of 150mm metal stud framing at 400mm O/C. Assembly to extend to U/S of precast slab. PC 35.1 Provide fused disconnects for Elec 29 November, 2021 RFI No. elevator controller and oil 056 cooler. PC 36.1 Provide duct type duct detector Elec 29 November, 2021 RFI No. 064 126 Page 6 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment Short Description Reason For Report Date of Issue REPORT SUMMARY Continued Quotes Received Date Value Additions Deductions Processed As PC 37. 1 Provide grout fill at precast roof 29 November, 2021 $6,851.01 CCO 24 RFI No. 057 locations. PC 38. 1 Remove existing light fixtures Elec 30 November, 2021 RFI No. and provide new to suit new 061 sprinkler mains in existing Basement. PC 39. 1 Provide supported slab at Door Arch 2 December, 2021 RFI No. STS3-1. PC 40. 1 Provide 2 site bollards at North Arch 6 December, 2021 $1,150.00 CCO 29 RFI No. side of electrical transformer. PC 41.1 Various Mechanical Revisions Mech 7 December, 2021 RFI No. including Penthouse drainage, combustion revisions, backflow preventer. PC 41.2 Provide 1 hour fire -rated chase 7 December, 2021 RFI No. for relocated water heater combustion venting in Kitchen. PC 42. 1 Provide bulkhead and adjust Arch 15 December, 2021 RFI No. ceiling in Rec Office S 154 PC 42.2 Provide RWL chase in SE Arch 15 December, 2021 RFI No. corner of Rec Office S 154 127 Page 7 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment Short Description Reason For Report Date of Issue REPORT SUMMARY Continued Quotes Received Date Value Additions Deductions Processed As PC 43. 1 Add rigid insulation on concrete Arch 20 December, 2021 $1,106.75 CCO 27 isolation slab below RTU. RFI No. Typical for 4 locations. PC 43.2 Provide built-up wood sleepers Arch 20 December, 2021 $828.80 CCO 27 at Chiller bearing locations. RFI No. CHANGE DIRECTIVE CD 1.1 Site RFI No. SUPPLEMENTAL INSTRUCTION Sl 1 . 1 Construction Test & Inspection Owner 25 February, 2021 RFI No. - This SI is issued to formalize the award of Construction Testing and Inspection services consistent with previous email approval of 17 Feb 2021. Services are to be invoiced based on `Inspection & Testing SI 2.1 Civil- Refer to GM B1uePlan Site 17 March, 2021 RFI No. Civil SI #1, 1 page dated 16 March 2021. SI 3.1 Civil - Refer to GM B1uePlan Site 17 March, 2021 RFI No. Civil SI #2, 1 page dated 17 March 2021, which is issued in response to questions received on site. 128 Page 8 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment Short Description Date of Issue REPORT SUMMARY Continued Quotes Received Date Value SI 4.1 Building Layout - Based on site Site 18 March, 2021 RFI No. measurement received from D 008 Grant 18 March 2021, relocated gridline `nl' 7mm to the west, which results in a dimension from GL `nl' to `n2' of 1,812mm. SI 5.1 Structural - Revise d etail Struct 30 March, 2021 RFI No. 19/5503 as per Tacoma SSI 009 No.1, 1 page, dated 29 March2021, and drawing 5503, Rev.10, dated 29 March 2021. SI 6.1 Co-ordination with Struct 29 April, 2021 RFI No. Architectural Drawings SI 6.2 Size to suit relocated Grid s 10 Struct 29 April, 2021 RFI No. SI 7.1 Site Condition: South wing of Arch 30 April, 2021 RFI No. new addition shifted to the East by 0.54m SI 8.1 Revise size of Door CB 14 and Arch 8 June, 2021 RFI No. kick plate. SI 9.1 Revised Exterior Balcony Struct 16 August, 2021 RFI No. Connection 129 Page 9 uuurmuwdrrh:, ,:ra Terrace Lodge Redevelopment Short Description Date of Issue REPORT SUMMARY Continued Quotes Received Date Value SI 9.2 Provide continuous 38mm rigid Arch 16 August, 2021 RFI No. insulation thermal break between precast plank ends SI 10.1 Replace broken anchor bolts Struct 15 September, RFI No. SI 11 .1 Revise hub drains per S&A Site Mech 21 September, RFI No. Instruction No. M-02. SI 12.1 Update sanitary riser numbers Mech 6 October, 2021 RFI No. 051 SI 13.1 Provide concrete ledge and lean Struct 13 October, 2021 RFI No. concrete fill at Receiving 052 Addition underpinning/elevator pit. SI 14.1 Supply and Install I electrical Elec 8 November, 2021 RFI No. receptacle in Comm Room CB 38 as part of current work phase. SI 15.1 Add trap seal information and Mech 25 November, 2021 RFI No. delete Hub drain SI 16.1 Revise power connections for Elec 25 November, 2021 RFI No. 056 mechanical units. 130 Page 10 uPu wdrrw,,:rs Terrace Lodge Redevelopment Short Description Date of Issue SI 17.1 Colour Selection Sheet 7 Arch 7 December, 2021 Updated Finish Schedules & RFI No. Plans SI 18.1 Supplemental Dimensions for Arch 14 December, 2021 partition layout. RFI No. SI 19.1 Framing detail at Window head Arch 15 December, 2021 at beam locations RFI No. SI 20.1 Provide mechanical doghouse Arch 15 December, 2021 on Roof at south end of RFI No. Mechanical Penthouse N302. SI 21.1 RHA Bedroom VFC chase Arch 15 December, 2021 Width adjustment RFI No. 131 REPORT SUMMARY Quotes Received Date Value Continued Page 11 REPORT TO COUNTY COUNCIL FROM: Michele Harris Director of Homes and Seniors Services DATE: January 27, 2022 Pruillressi by Nature SUBJECT: Homes — Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E RECOMMENDATIONS: 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. INTRODUCTION: The Ontario Health Long -Term Care Home Service Accountability Agreement (L-SAA) Schedule E — Form of Compliance Declaration is an annual reporting requirement. DISCUSSION: The Long -Term Care Home Service Accountability Agreement (L-SAA) includes a schedule of reporting requirements for specific reports related to performance, occupancy, staffing, funding, compliance, etc. Schedule E, "Form of Compliance Declaration" relates to a declaration by the Chief Administrative Officer that the Health Service Provider has fulfilled its obligations under the L-SAA during the applicable period. The reporting period is from January 1, 2021 — December 31, 2021. In regards to the COVID-19 pandemic, several adjustments (timeline extensions for reporting, etc.) were provided in the 2021 year to support LTCHs in prioritizing resident care and infection prevention control measures. FINANCIAL IMPLICATIONS: It is imperative that staff ensure that the requirements of the Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E are met to support timely and appropriate funding to the LTCHs. IBY: 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 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 completed and signed Long -Term Care Home Service Accountability Agreement (L-SAA) — Schedule E Form of Compliance Declaration for each of the three (3) County of Elgin LTCHs shall be forwarded, as required, to Ontario Health West within the required timelines. CONCLUSION: To the best of staff's knowledge, the three (3) County of Elgin Homes have satisfied the requirements of Schedule E — Form of Compliance Declaration and recommend that this form be signed for all three (3) Homes. All of which is Respectfully Submitted Michele Harris Director of Homes and Seniors Services Approved for Submission Julie Gonyou Chief Administrative Officer 133 Schedule E - Form of Compliance Declaration DECLARATION OF COMPLIANCE Issued pursuant to the Long -Term Care Service Accountability Agreement To: The Board of Directors of Ontario Health Attn: Board Chair. From: The Board of Directors (the "Board") of the Corporation of the County of Elgin the "HSP") For: Bobier Villa (the "Home") Date: February 9, 2022 Re: January 1, 2021 — December 31, 2021 (the "Applicable Period") The Board has authorized me, by resolution dated February 8, 2022, to declare to you as follows: After making inquiries of the Michele Harris, Director of Homes and Seniors Services and other appropriate officers of the Health Service Provider (the "HSP") and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the long-term care service accountability agreement (the "Agreement") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP confirms that (i) it has complied with the provisions of: a. the Local Health System Integration Act, 2006, for the period of January 1, 2021 to March 31, 2021; b. the Connecting Care Act, 2019, for the period of April 1, 2021 to December 31, 2021; and c. any compensation restraint legislation which applies to the HSP; and (ii) every Report submitted by the HSP is accurate in all respects and in full compliance with the terms of the Agreement. Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement between the Ontario Health and the HSP effective April 1, 2021. Julie Gonyou, CAO Mary French, Warden Schedule E - Form of Compliance Declaration Cont'd. 134 Appendix 1 - Exceptions [Please identify each obligation under the LSAA that the HSP did not meet during the Applicable Period, together with an explanation as to why the obligation was not met and an estimated date by which the HSP expects to be in compliance.] 135 Schedule E - Form of Compliance Declaration DECLARATION OF COMPLIANCE Issued pursuant to the Long -Term Care Service Accountability Agreement To: The Board of Directors of Ontario Health Attn: Board Chair. From: The Board of Directors (the "Board") of the Corporation of the County of Elgin the "HSP") For: Elgin Manor (the "Home") Date: February 9, 2022 Re: January 1, 2021 — December 31, 2021 (the "Applicable Period") The Board has authorized me, by resolution dated February 8, 2022, to declare to you as follows: After making inquiries of the Michele Harris, Director of Homes and Seniors Services and other appropriate officers of the Health Service Provider (the "HSP") and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the long-term care service accountability agreement (the "Agreement") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP confirms that (i) it has complied with the provisions of: a. the Local Health System Integration Act, 2006, for the period of January 1, 2021 to March 31, 2021; b. the Connecting Care Act, 2019, for the period of April 1, 2021 to December 31, 2021; and c. any compensation restraint legislation which applies to the HSP; and (ii) every Report submitted by the HSP is accurate in all respects and in full compliance with the terms of the Agreement. Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement between the Ontario Health and the HSP effective April 1, 2021. Julie Gonyou, CAO Mary French, Warden Schedule E - Form of Compliance Declaration Cont'd. 136 Appendix 1 - Exceptions [Please identify each obligation under the LSAA that the HSP did not meet during the Applicable Period, together with an explanation as to why the obligation was not met and an estimated date by which the HSP expects to be in compliance.] 137 Schedule E - Form of Compliance Declaration DECLARATION OF COMPLIANCE Issued pursuant to the Long -Term Care Service Accountability Agreement To: The Board of Directors of Ontario Health Attn: Board Chair. From: The Board of Directors (the "Board") of the Corporation of the County of Elgin the "HSP") For: Terrace Lodge (the "Home") Date: February 9, 2022 Re: January 1, 2021 — December 31, 2021 (the "Applicable Period") The Board has authorized me, by resolution dated February 8, 2022, to declare to you as follows: After making inquiries of the Michele Harris, Director of Homes and Seniors Services and other appropriate officers of the Health Service Provider (the "HSP") and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the long-term care service accountability agreement (the "Agreement") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP confirms that (i) it has complied with the provisions of: a. the Local Health System Integration Act, 2006, for the period of January 1, 2021 to March 31, 2021; b. the Connecting Care Act, 2019, for the period of April 1, 2021 to December 31, 2021; and c. any compensation restraint legislation which applies to the HSP; and (ii) every Report submitted by the HSP is accurate in all respects and in full compliance with the terms of the Agreement. Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement between the Ontario Health and the HSP effective April 1, 2021. Julie Gonyou, CAO Mary French, Warden Schedule E - Form of Compliance Declaration Cont'd. 138 Appendix 1 - Exceptions [Please identify each obligation under the LSAA that the HSP did not meet during the Applicable Period, together with an explanation as to why the obligation was not met and an estimated date by which the HSP expects to be in compliance.] 139 Prugressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Purchasing Coordinator DATE: January 31, 2022 SUBJECT: Procurement Activity Report (October 1, 2021 to December 31, 2021) 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. INTRODUCTION: The County's Procurement Policy requires that an information report containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000, including amendments and renewals, be prepared and reported to Council on a quarterly basis. This report covers the period from October 1, 2021 to December 31, 2021. DISCUSSION: The Council of the Corporation of the County of Elgin delegated authority to the Directors to award contracts as follows: Value Report Status Greater than $15,000 but less than $250,000 No report to Council required if within approved budget Council also approved that an information report would be brought forward containing details of the award of contracts including amendments and renewals. The detailed report of the award of contracts is attached as Appendix A. ICto] FINANCIAL IMPLICATIONS: Prior to contract and purchase order approval, confirmation is made to ensure that the appropriate funds are available in the approved budget. 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 COMMUNICATION REQUIREMENTS: ►= CONCLUSION: 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. This report is submitted to summarize the County's procurement activity for the fourth quarter of 2021 in accordance with the reporting requirements as set out in section 12.2 of the Procurement Policy. 1EN All of which is Respectfully Submitted Mike Hoogstra Purchasing Coordinator Approved for Submission Julie Gonyou Chief Administrative Officer IC9: APPENDIX A Procurement Activity — October 1, 2021 to December 31, 2021 Department Budget Project Supplier / Amount Allocation/ Contractor (HST excluded) PO# Engineering Operating Generator Service Contract Pritchard Power $18,600 (three-year term) Systems Cooperative Contract (5 Agencies) Engineering Capital Kitchen HVAC Replacement — Paramount $46,843 PO#799 Terrace Lodge Services Engineering Operating Traffic Signal Control Cabinet — Guild Electric $21,875 PO#782 Emergency Replacement Limited (Plank Road & Calton Line) Engineering Capital Electrical Work — King George Paramount $18,750 Lift Bridge Services Homes & Capital Terrace Lodge Interior Design L360 Architecture $50,615 Seniors Consulting Services Services Homes & Operating Case Mix Index (CMI) - Resource MEDe-care $19,834 Seniors Use Groups (RUG) consulting Health Care Services services for 3 LTC Homes Solutions (Contract Renewal) Information Operating VMware Enterprise Software CDW Canada $42,360 Technology (Virtual Server Software) (OECM Cooperative Agreement) Information Operating Laserfiche Software Licenses, Thinkdox $31,196 Technology Support and Consulting Services Contract Renewal (RFP 2018-35) 143 REPORT TO COUNTY COUNCIL FROM: Brian Masschaele Director of Community and Cultural Services DATE: February 8, 2022 Prug1ressive by Nature SUBJECT: Elgin County Museum Advisory Committee 2022 Membership RECOMMENDATION: 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. INTRODUCTION: Membership on the Elgin County Museum Advisory Committee is established under By- law No. 21-38. This report recommends a new appointment to the committee for 2022, recognizes past service and provides an update on members previously appointed by County Council. DISCUSSION: Membership on the Elgin County Museum Advisory Committee is comprised of seven representatives as follows: • One member of Elgin County Council; • Two appointees from Elgin County Women's Institutes; one from East Elgin and one from West Elgin; • One appointee on behalf of the agricultural community in Elgin County; • Two appointees, to be named by Elgin County Council, who are representative of, or employed by, other museums located within the County of Elgin and who will act as liaisons with County museums; • One appointee, to be named by Elgin County Council, as an "at large" member who shall be a person interested and knowledgeable about the affairs of the Museum. It should be acknowledged that past Warden Mr. Perry Clutterbuck's tenure on the committee has ended. He served 16 consecutive years from the beginning of 2006 to 144 the end of 2021 in roles as both Chair and Vice -Chair. It is recommended that the Warden on behalf of County Council issue a letter of appreciation to Mr. Clutterbuck for his long-standing service to the Museum and the County. County Council revised the committee's membership in 2021 to replace one of two at - large members with a second museum liaison member. Jennifer Beachamp, Curator of the Port Burwell Marine Museum, is being recommended as this additional member. Should County Council approve this appointment, the following will constitute membership on the Elgin County Museum Advisory Committee for 2022: • Councillor Sally Martyn — County Council representative • Amanda VandenWyngaert, (1st year of second 4-year term) - Museum liaison member • Jennifer Beauchamp (1st year of first 4-year term) — Museum liaison member • Joan Mansell (1 st year of fifth 4-year term) — WI member (east) • Donna Lord (2" d year of first 4-year term) — WI member (west) • Kim Teuscher (1 st year of second 4-year term) — Member -at -large • Charlie Jenkins (3rd year of second 4-Year term) — Agricultural representative Confirmation of the 2022 Chair, Vice -Chair and Secretary will occur at the committee's first meeting expected to take place in March 2022. FINANCIAL IMPLICATIONS: Not applicable. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ® Enhancing quality of place. programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. MIN LOCAL MUNICIPAL PARTNER IMPACT: Not applicable. COMMUNICATION REQUIREMENTS: Not applicable. CONCLUSION: The committee was only able to meet once in 2021 due to restrictions imposed by the pandemic. It is hoped that the committee can meet at least twice in 2022 to review museum policies, events and strategic initiatives. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services Approved for Submission Julie Gonyou Chief Administrative Officer `11 Ml�ns��JDi P11a, 111111uoouuoi1, 17 Pru�lpressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Amy Thomson, Director of Human Resources DATE: February 8, 2022 SUBJECT: HR Policies: 9.60 `Paid Sick Leave / Short-term Disability' & 5.20 `Benefit Premium Payments' 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. INTRODUCTION: The attached policy amendments were drafted by Human Resources staff. Proposed changes are highlighted within and are generally housekeeping in nature. DISCUSSION: HR Policy 9.60 `Paid Sick Leave / Short-term Disability' was raised for review when we noted that language was still included that disentitled full time, non -union staff to sick time and short-term disability after reaching age 65. This is deemed to be a housekeeping amendment, as this policy was missed being amended when other areas of benefit entitlement were revised accordingly last year. With the removal of mandatory retirement at age 65, these policies required associated changes to align with present legislation. HR sourced feedback from surrounding municipalities, and none of those surveyed are terminating sick or short-term disability based on age. Since the policy was already under review, additional amendments are recommended, including the combining of the sick time and short-term disability policies in an effort to further clean-up and streamline the HR Policy Manual. The prior HR Policy 5.60 `Short- term Disability' has been amalgamated with HR Policy 9.60 `Paid Sick Leave' (5.60 will thus be deleted). IEIN A recommended addition to this policy is the provision of a small allocation of sick time accrual for temporary, full-time contract staff. In recent years, the use of temporary staff for one- or two-year contracts has become quite common and presently, these staff do not have any entitlement to paid sick time. The recommended accrual provides a minimal amount to cover occasional absenteeism for these employees Lastly, based on comparator policies reviewed, a section including `Exclusions & Limitations' has been added for administrative clarity. HR Policy 5.20 `Benefit Premium Payment' has also been revised and is considered housekeeping in nature. Amendments are based on current applicability and need for grandfathering language has ceased. HR recommends the name of the policy be amended to `Benefit Plan Provisions' to better exhibit to staff that these benefit provisions are a significant part of their total compensation package with the County, rather than a base entitlement. The Homewood Health Employee and Family Assistance Plan has been added as well, which is a new benefit to staff since 2019. The policy review process included gathering of many comparator policies to help determine current practices. The draft policies are well aligned with comparators. Human Resources staff reviewed the policies for accuracy and payroll was consulted on relevant areas to ensure information remains accurate. FINANCIAL IMPLICATIONS: Minor financial implication related to provision of sick accrual to temporary full-time staff (the cost is believed to outweigh the benefit of these staff taking time off rather than attending the workplace when ill). 148 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. CONCLUSION: 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. Any amendments directed by County Council will be incorporated into the draft policies before being implemented and communicated to staff. All of which is Respectfully Submitted Amy Thomson Director of Human Resources Approved for Submission Julie Gonyou Chief Administrative Officer Subject: Paid Sick Leave / Short-term Disability Policy Number: 9.60 Date Approved: September 11, 1991 Date Last Revision: February 2022 Code: NU/FT Section: 9 H uirIlpose The County provides all full-time employees who have more than three (3) months of service with a short-term sick pay plan designed to cover absences due to illness or injury until the commencement of Long -Term Disability (LTD) payments from the insurance carrier, if applicable and approved. Piroceduire EI°°III0R i i ERM DIE CILI i A. Each non -union employee, upon completion of three months continuous service with the County, shall be eligible for the short-term disability benefit. Employees that begin their service with the County of Elgin as contract employees, will be eligible for sick / short-term disability benefits when they attain regular employment, subject to Policy 1.20 section (d) ii. B. Sick benefits as outlined below (C.) will commence on the first day of disability due to a non -occupational accident or illness and will be payable at current rates for up to 75 days in any calendar year, provided satisfactory medical documentation is supplied to Human Resources as outlined below [G (b)]. IW91 C. Length of Service Insured Days 100% of Salary 66 & 2/3 of Salary 3 months but less than 1 year 5 70 1 year but less than 2 years 10 65 2 years but less than 3 years 15 60 3 years but less than 4 years 20 55 4 years but less than 5 years 25 50 5 years but less than 6 years 30 45 6 years but less than 7 years 35 40 7 years but less than 8 years 45 30 8 years but less than 9 years 55 20 9 years but less than 10 years 65 10 Over 10 years 75 0 Where an employee completes three (3) months of continuous service and is unable to be credited with insured days as indicated in the table, full or 66 2/3 insured days shall be calculated on a prorated basis for the current year by taking the number of days from the completion of the probation period to December 31st of that year over 365 and multiplied by 5 and 70 respectively. Credits will be in multiples of one - quarter days. e.g. Employee starts March 15 and completes probationary period June 14. Calculation -June 15 to December 31= 200 days 200 x 5 = 2.73 or 2 3/4 days at full pay 365 200 x 70 = 38.36 or 38 1/4 days at 66 2/3's pay 365 D. Sick time and Short-term disability may not be used to top up Workplace Safety and Insurance Board (WSIB) benefits nor to compensate for time off due to a work -related illness or injury. An employee absent on a Statutory Holiday while on Short -Term Disability, will have that day coded for payroll, and paid as receiving short-term disability benefits. IN Any days to the credit of the employee contain no cash value, on termination of employment, by reason of retirement or otherwise. G. (a) After an employee has had three (3) periods of sick leave of three (3) days or less within a calendar year, the Employer may refuse to pay for the fourth or subsequent period of sick leave, notwithstanding that the employee has accumulated sick leave to their credit. It is understood that this provision is an endeavour to eliminate abuses of sick leave and is in addition to any other disciplinary action which the Employer may deem fit to invoke. (b) In order to protect the privacy of all employees and provide a fair and consistent method of managing all claims, where sick leave absence has or will be in excess of three consecutive days the following will apply: 1. The supervisor shall notify Human Resources of any absence in excess of three (3) consecutive scheduled shifts. 2. Human Resources shall provide the medical forms to the employee to be completed. 3. Human Resources shall work closely with the employee and attending physician to have a successful return to work. 4. Employees shall be responsible for providing all medically required documentation directly to Human Resources. 5. The employee is responsible for obtaining the required documentation at their own expense. The employee shall be reimbursed for all reasonable costs of obtaining medical documentation forms which are required by the County, if the absence is supported through adjudication and original receipts are submitted. If the claim is not supported, then the employee is not eligible for claim reimbursement. 6. To remain eligible for short-term disability benefits, the employee must be under the continuing appropriate care of a physician and not engaged in any occupation or employment for wages, except for the purpose of rehabilitative employment (i.e. per an approved accommodated return to work process). 7. The County reserves the right to require satisfactory medical documentation for absences less than three consecutive days. H. An employee who is absent from employment due to pregnancy related complications or childbirth is not eligible for short-term disability benefits during: I (a) the period commencing ten (10) weeks prior to the calendar week of the expected date of delivery and ending with the sixth (6th) week after the calendar week at which the actual delivery takes place or; (b) any maternity or parental leave of absence mutually agreed to by you and the Employer or; (c) any period of time for which you are eligible to receive maternity or parental benefits as provided by the Employment Insurance Act. "Ieiiiiilpeuiraiii FaIIIIII-tiiiine ('oiintiract) staff: Temporary full-time positions with an expected duration of more than 12 weeks will accrue 0.5 sick days per full month worked. These days are cumulative and have no pay -out or cash value at the end of the contract. If the contract employee transitions to full-time, existing accrual will be lost and eligibility will be implemented as detailed above. FIIPteciiia Gircuiinstaince: Example: An employee has returned to work following a lengthy illness and all seventy-five (75) sick days were exhausted. The employee may or may not have been on long-term disability. In the unlikely event that this employee becomes ill again within the same calendar year: a) If the medical documentation indicates that the illness is a recurrence of the original condition, every effort will be made with the long-term disability insurance carrier to have the long-term disability claim re-established. If approved, the employee is exempt from the short-term disability / waiting period for LTD. b) If the medical documentation clearly indicates that the reason for the absence is unrelated to the condition that previously caused the employee to be absent, the employee will have the short-term disability plan restarted: i.e. 75 days, but @ 66 2/3 of salary. Exclusions s and Limitations Ineligible for Sick and Short-term Disability payment in the event of: • Failure to provide satisfactory proof of disability (appropriate medical documentation) to County Human Resources, when required; • Failure to maintain regular communications with the employer / Human Resources; 153 • Failure to comply with proposed treatment or return -to -work plan; • Receiving earnings for other work performed during the same duration; or • Any period of disability that commenced while the employee was on another leave of absence. 154 Subject: Policy Number: Date Approved: Date Last Revision Code: Section: Benefit Plan Provisions 5.20 October 1, 1987 February 2022 NU 5 Pturpose The County provides a comprehensive benefit package for County staff, and this forms a significant part of the total compensation package. The overall plan is reviewed and amended as required and based on market comparators, changes in requirements, and options that become available. (a) County Benefit Plan Provisions FULLTIME County percentage (%) paid Employee percentage (%) paid The Employer Health Tax 100 0 Semi -Private Coverage 100 0 Extended Health Care 100 0 Life Insurance 100 0 Dental Plan 100 0 Orthodontic (details below) Provided by County 0 Long-term Disability 100 0 Short-term Disability Provided by County 0 Employee & Family Assistance Plan 100 0 Orthodontic Coverage — Coverage for dependent children, 21 years of age or younger. Reimbursement is 50% of the submitted invoice with a life time maximum of $2,000.00 per dependant. Original invoices are to be submitted to Human Resources, by December 111 of each year, for the previous 12-month period, for a one-time annual payment in December. ` i. Part-time employees will be offered a benefit package that excludes Short-term Disability and Long -Term Disability on a 50 / 50 co -share of cost basis. If benefit plan coverage is declined there will be no other compensation provided. If the employee wishes to have the benefits on the co -share of cost basis after declining, there will be a minimum of a three (3) month waiting period to qualify. (b) Statutory Benefits County Percentage (%) Employee Percentage (%) Canada Pension Plan (CPP) 50 50 OMERS Pension Plan 50 50 *Employment Insurance (EI) 58.3 41.7 Workers Compensation (WSIB) 100 0 *EI Premium Reduction - The Employees' share of the Employer's unemployment insurance premium reduction will be retained by the Employer towards offsetting the cost of the benefits contained in this policy. M1 REPORT TO COUNTY COUNCIL FROM: Kate Burns Gallagher, Manager of Economic Development & Tourism Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Prug1ressive by Nature DATE: January 28, 2022 SUBJECT: SCOR Short Line Rail RECOMMENDATION: 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. INTRODUCTION: At the January 11, 2022 meeting of Elgin County Council, Council received the report Council Committee Update. South Central Ontario Region. Council asked as to whether or not SCOR's expectation is that the County and/or municipalities will be expected to contribute any future funding with respect to short line rail. This report serves as the response from SCOR Economic Development Corporation (EDC) to the question posed by Council. DISCUSSION: Appendix 1 "Briefing Report— Elgin County, Requested by Council was provided by SCOR EDC on January 18, 2022 detailing the background, economic impact, investment opportunity, project funding and municipal ask of the Short Line Rail Project. FINANCIAL IMPLICATIONS: Refer to Appendix 1. ` 114 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: Refer to Appendix 1. 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. A copy of this report and any further direction provided by Council will be circulated to each of the member municipalities. CONCLUSION: This report serves as a summary of SCOR EDCs Short Line Rail program and the financial implications of the project. 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 158 2022-01-18 Briefing Report — Elgin County Requested by Council BACKGROUND In partnership with CN, GIO Rail, the Town of Tillsonburg, and SCOR EDC have signed a Letter of Intent outlining collaboration for re -starting operations on the Cayuga Sub -Division rail line for the purpose of serving business along the track, ensuring smoother regional supply lines, and for future investment opportunity along the line. The rail track runs approximately 25 miles from St. Thomas, Elgin County through Tillsonburg in Oxford County to Norfolk County. Businesses along the line rely on access to rail as an integral part of their supply chain. The intent of this project is to support current businesses, thereby retaining approxi- mately 400 jobs. Additionally, the reinstatement of rail service will provide opportunity for new busi- nesses seeking access to rail. ECONOMIC IMPACT The businesses along the Cayuga Rail line currently, collectively employ approximately 400 regional jobs. As part of business development case a survey was conducted of current business along the Cayuga Line to gauge the economic impact of on the economy of the South Central Ontario Region. • Total companies affected - 7 • Total number of employees (FTE) — 400 • Total annual revenue affected- —170 million (n=4) • Logistics costs increase if rail were to be removed- $1,450,000.00 • Total Annual Revenue loss - $7,910,00.00 INVESTMENT OPPORTUNITY In addition to current business along the track, 21 vacant sites representing 914.49 acres of industrial zoned land was identified for future regional development. Elgin has 12 vacant industrial sites repre- senting 387.69 acres. PROJECT FUNDING The track maintenance has languished for many years. To increase rail traffic and volumes to the level that will make the track sustainable some capital investments will need to be made. The project will apply to the National Trade Corridor fund which is a federal fund aimed at investment in to improve the flow of goods to increase the flow of trade in and outside of Canada. In order to be successful for this funding the project must demonstration municipal buy in and support. This requires that appli- cants demonstrate that they have municipal buy in, in the form of both support and financial contribu- tions. The application further seeks the same from private enterprise. Confirmation of financial contribution, part of which would be in the form of road resurfacing as rail crossings are upgraded. Municipalities will be asked to contribute to the project as crossing receive upgrades. The majority of these costs will be in road resurfacing. The plan is to spread the crossing up- grades over a three-year time frame allowing the rail operator and partners to spread work and associ- ated costs over that time frame. This contribution will be directly to the project and not to support SCOR EDC operations. Elgin County and lower tier municipalities represent 16 crossings from St Thomas to Tillsonburg. Not all will require full upgrades. The costs to upgrade will depend on the current road conditions, includ- ing surfacing. As a guide Elliot Road in Bayham was just upgraded and the municipal "ask" for that crossing was approximately $7,000. MUNICIPAL PARTNER "ASKS" • A letter of support from municipalities/counties • Confirmation of financial contribution- o this contribution will be different for each county and municipality depending on num- ber of crossings in the municipality o This contribution will be over a period of three years REPORT TO COUNTY COUNCIL FROM: Kate Burns Gallagher, Manager of Economic Development & Tourism Brian Lima, General Manager of Engineering, - Planning, & Enterprise (EPE) / Deputy CAO Prug1ressive by Nature DATE: January 20, 2022 SUBJECT: Local Business Accelerator Program RECOMMENDATION: 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. INTRODUCTION: My Main Street is a $23.25-million investment to help drive business and restore vibrancy to local communities across southern Ontario in the aftermath of COVID-19. It is a partnership between the Economic Development Council of Ontario and the Canadian Urban Institute funded by the Federal Economic Development Agency for Southern Ontario. The My Main Street Local Business Accelerator supports the revitalization of 65 main street communities by providing each with a dedicated Main Street Ambassador, customized marketing research, data analysis and non -repayable funding contributions for small businesses. 11 1411*1- [O E In partnership with the St. Thomas Economic Development Corporation and the Elgin St. Thomas Small Business Enterprise Centre, Elgin County Economic Development applied for funding to the My Main Street Local Business Accelerator Program for Ambassadors in St. Thomas and West Elgin. The application to support two Ambassadors was approved at the end of 2021. The project and funding will be managed by the Small Business Enterprise Centre with support from St. Thomas EDC and Elgin County Economic Development. The funding provides participating communities the following resources for their Main Street neighbourhoods: • Main Street Ambassador Non -Repayable Contribution — a non -repayable contribution of $50,000 towards the 12-month salary of each Main Street Ambassador for St. Thomas and Elgin • Local Business Non -repayable contributions — Each community will receive up to ten $1 OK non -repayable contributions to support local businesses. Five non - repayable contributions are available for existing businesses, while five non - repayable contributions are available for new businesses. • Community Market Profile - Before programming begins, each main street community will undergo a detailed Community Market Profile. This will involve secondary market research to understand the community's trade area, its demographics, how residents spend their money, their mobility and how they consume media. It will also involve primary research that surveys the local community to understand what types of products and services are missing from their local community. • Both the primary and secondary research will be used to target opportunities for rebuilding the participating Main Street. • Wrap -Around Business Support - With the community market profile completed, each Main Street Ambassador will focus on providing wrap -around community economic development support for both new and existing businesses. • Main Street Ambassador Network - Main Street communities and their Main Street Ambassadors will have access to the My Main Street Ambassador Network, which will provide leadership, guidance, tools, resources and opportunities to share and amplify best practises and success stories. With two prominent main streets in West Lorne and Rodney, West Elgin has massive potential to increase its vibrancy with amenity -filled and engaging main street areas. These small-town main streets are strong in history and have the classic small-town main street look that creates an ideal place for residents and visitors alike. Goals of the Main Street Ambassador: • Reduce the amount of store -front vacancies • Create more community engagement opportunities both with residents and visitors • Create and introduce opportunities for local businesses to collaborate together • Work with Elgin County Economic Development & Tourism and St. Thomas Economic Development Corporation to help enhance the appearance of store- fronts through grant programs, creative marketing of local businesses, and increase the exposure of West Elgin. • Re -energize and rebuild the main street business community Iff- A FINANCIAL IMPLICATIONS: Any financial implications are contained within Elgin's contribution to the Small Business Enterprise Centre. 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. Partnership with the Municipality of West Elgin on providing office space for the Main Street Ambassador. COMMUNICATION REQUIREMENTS: A copy of this report and any further direction provided by Council will be circulated to each of the member municipalities. CONCLUSION: This is the first intake of funding for the My Main Street funding. Providing this project is successful it will lead to opportunities to expand the program to other main streets throughout the County. I 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 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy 1uuuoouuupo CAO El(gna rueressive by Nature DATE: February 8, 2022 SUBJECT: Draft Plan of Condominium Approval - The Ridge at Talbotville Grove Vacant Land Plan of Condominium, Part of Lot 40, Concession SNBTR, Township of Southwold Applicant: Jody Pszczola / Dillon Consulting Ltd. Owner: 1873828 Ontario Limited File No.: 34CD-SO2101 RECOMMENDATION: 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. INTRODUCTION: This report will provide County Council with the information required to consider granting draft plan approval to the draft Plan of Condominium described under File 34CD-SO2101. In accordance with Section 51 of the Planning Act, the "Approval Authority" may give or refuse to give approval to a draft plan of subdivision/condominium. County Council is the Approval Authority. DISCUSSION: The lands that are the subject of this application for draft plan approval are legally described as Part of Lot 40, Concession Southeast of the North Branch of Talbot Road, in the Township of Southwold (see attached plan). The Applicant is requesting approval of a "Vacant Land Plan of Condominium" within which 32 units are proposed to accommodate townhouse -style dwellings. The proposed condominium development will I be fully serviced with municipal water and sewer. The subject lands are 3.52 ha (8.7 ac). The lands are located in the south area of the Talbotville Settlement Area, west of Talbotville Gore Road and will be accessed via extension of Glengariff Drive from the neighbouring subdivisions to the south. Surrounding land uses include a Canadian National Railway right-of-way to the immediate north, developed residential lands to the further north, east, and south, and undeveloped lands identified for future residential development to the west. The lands are designated "Settlement Area" in the County of Elgin Official Plan and "Residential" in the Township of Southwold Official Plan, and zoned "Residential 3 — Special Exception 2 (R3-2)" in the Township of Southwold Zoning By-law. The proposed plan of condominium and associated residential development is permitted under these designations. In terms of zoning compliance, the Township of Southwold has included a condition of draft plan approval requiring the Applicant to obtain approval of a Minor Variance to allow the development to fully comply with the R3-2 Zone. Staff do not have concerns with this approach and are satisfied that the site plan control process required will ensure full compliance. Further staff have confirmed that adequate sanitary capacity and water supply allocations are currently available to support this development. The application was deemed "complete" on October 14, 2021 by the County of Elgin, and a statutory public meeting was held by the Township of Southwold on November 22, 2021. No objections were raised by members of the public. Several submissions were received from commenting agencies requesting various conditions of approval to be considered and/or incorporated into any condominium agreement; however, no objections were outlined. The Township of Southwold passed a resolution recommending approval of the draft plan of condominium on November 22, 2021 and provided a list of recommended conditions for final approval. These conditions include a number of those requested by commenting agencies. The full list of recommended conditions for draft plan approval are attached for County Council's review. Since adoption by the Township, the proposed draft plan has undergone one minor revision at the request of Hydro One in which the applicant was requested to remove a portion of visitor parking from within a Hydro One easement covering the south half of the site. Hydro One advised that this is required in accordance with their policy to prohibit parking within high -power transmission corridors for safety reasons. In response, two additional visitor parking spots have been added to the visitor parking area north of Unit 29. The revision does not impact the conformity of the proposal with the County or Township Official Plans, nor ability to comply with the Township's Zoning By-law and Township Staff confirmed in writing that they concur with this revision. FINANCIAL IMPLICATIONS: None. 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. This approved plan of condominium will provide additional housing stock in the Township of Southwold. COMMUNICATION REQUIREMENTS: Notice of decision is required to be provided by the County to: • the applicant; • each person or public body that made a written request to the County to be notified of the decision; • the local Municipality; • the regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office responsible for the region the Ministry of Municipal Affairs and Housing, if requested; and I • any individual or agency as prescribed on the circulation list. CONCLUSION: Based on the analysis contained in this report, it is in the opinion of staff that Council may grant draft approval to the subject plan of condominium as the plan: • Is consistent with the Provincial Policy Statement; • Conforms to the policies of both County and Township Official Plans; • Can be made compliant with the Township of Southwold Zoning By-law (subject to fulfilling certain conditions of draft approval); and • Represents good planning and is in the public interest. The County's interim external planning consultant has reviewed File No. 34CD-SO2101 and has prepared conditions for draft approval which are attached for Council's review. These conditions have been reviewed by the Township of Southwold and the Applicant and no changes have been requested. Considering the above, staff is satisfied with the draft plan of condominium and the conditions as attached. If County Council approves this draft plan of condominium, the Applicant/Owner will be responsible for fulfilling the conditions, as attached, before final approval can be given. In accordance with the Planning Act, Council's approval will be subject to a lapsing period of three (3) years from the date of decision. All of which is Respectfully Submitted: Brian Lima Engineering, Planning, & Enterprise (EPE) / Deputy CAO Approved for Submission: Julie Gonyou Chief Administrative Officer II.T.] 1 PLAN —= DRAFT PLAN OF CONDOMINIUM LAND USE SCHEDULE off s(») )l 111Ce ncr BLOCK 59 - [HF: RIDGE Al TALBOTVILLE GROVE 1873828 ONTARIO LIMITED oiLwN The conditions to final plan of approval for registration of this Condominium (File No. 34CD-SO2101) as provided by the County of Elgin are as follows: No. Conditions 1. That the owner enters into a condominium agreement, pursuant to the authority of Section 51 (26) of the Planning Act R.S.O 1990, as amended, with the Township of Southwold (Township) wherein the owner agrees to satisfy all the requirements, financial and otherwise, of the Township respecting the conditions of approval set out herein, and the laying out and development of the site, and the installation of facilities and services including but not limited to roads, municipal water and sewer systems, utilities, storm water management facilities and landscaping required for the development of the lands within the Plan. 2. That the agreement between the owner and the municipality be registered against the lands to which it applies once the declaration and description has been registered. 3. That the Applicant meet all the requirements, financial and otherwise of the Municipality, to the satisfaction and clearance of the Municipality. 4. The development is to be registered as one (1) Condominium Corporation. 5. Prior to final approval for the registration of the development as a condominium corporation the County is to be advised in writing by the Township that: i) If site works in the common elements are substantially complete, the owner's consulting engineer has submitted a final lot grading certificate which has been accepted by the Municipality; ii) The Owner's professional engineer is to provide certification to the Municipality that all buildings, structures, facilities and services shown in the declaration and description to be included in the common elements have been completed, installed and provided in accordance with the requirements of the Condominium Act, 1998, S.O. 1998, c. 19, as amended; and, iii) Should all facilities and services not be installed and provided prior to final approval, the Owner's engineer shall have his professional engineer provide a written, detailed estimate of 100% of the cost to install and provide frNl the facilities and services shown in the declaration and description to be included in the Common Elements, all to the Municipality's satisfaction. 6. Prior to final approval for the registration of any condominium corporation within this development, the Owner shall submit a plan showing condominium street name(s), the door point numbers to be displayed on the exterior of each unit and the corresponding legal descriptions to the satisfaction of the Municipality. 7. The description of the Common Elements in the Condominium Declaration includes the water lines and appurtenances, sanitary sewer lines and appurtenances and storm sewers and appurtenances which are not solely related to the unit on which they are located and all perimeter fencing, as applicable. These elements are to be operated, repaired and maintained by the Condominium Corporation. 8. Prior to final approval for the registration of the development as a condominium corporation the Municipality is to be satisfied that the proposed plan of condominium showing any "as constructed" buildings and structures has been submitted and accepted by the Municipality as in compliance with subsection 155(1) of the Condominium Act, 1998, S.O. 1998, c. 19, as amended. 9. The Condominium Declaration contains appropriate provisions setting out the responsibility for maintaining, repairing, and replacing services which serve: i) More than one unit, whether or not those services are within the common elements of within a unit; ii) The Owner's unit only, that are located within the Owner's unit or another unit; and, iii) The Owner's unit only, that are located within the Common Elements. 10. All buildings and structures, if any, shown in the declaration and description to be included in the common elements shall be constructed prior to final approval. 11. Prior to final approval, that Minor Variance Application, MV2021-11, which reflects the layout of the proposed draft plan and site plan, has come into full force and effect pursuant to the Planning Act, R.S.O. 1990, c. P. 13, as amended. 12. Prior to execution of the Condominium and Site Plan Agreement(s), that Site Plan Application, SPR 2021-03, obtain approval for the development of the land, pursuant to the Planning Act, R.S.O. 1990, c. P. 13, as amended. 13. Prior to final approval, that the Owner enter into a Condominium and Site Plan Agreement(s) with the Municipality, to be registered on title, to satisfy all `r` requirements, financial or otherwise, related to the development of land, including and not limited to improvements to Glengariff Drive. 14. That Cash -in -lieu of Parkland shall be required in accordance with Section 51.1 of the Planning Act, R.S.O. 1990, c. P. 13, as amended. 15. The Applicant shall provide written confirmation to the County of Elgin that the applicable phase of Draft Plan of Subdivision 34T-SO1803 is hereby withdrawn. 16. The Owner shall agree in the Condominium and Site Plan Agreement(s) that such land transfers/conveyances and easements as may be required shall be designated to the satisfaction of, and granted to the appropriate agencies and authorities, free and clear of all encumbrances, save and except such encumbrances as may be permitted by the Municipality, in its sole discretion, to the satisfaction of the Municipality, including but not limited to the following: i) Land Transfer to the Municipality of the natural northerly extension of Glengariff Drive, to be dedicated through By-law as a Public Highway, to the satisfaction of the Municipality; ii) Land Transfer to the Municipality of the lands to the south and west of item (i) above, to the satisfaction of the Municipality; and iii) Easement to the Municipality of the private laneway area within the Common Elements Block, for access in the event of emergencies, to the satisfaction of the Municipality. 17. That the Owner shall agree in the Condominium and Site Plan Agreement to include a clause within all Offers of Purchase and Sale Agreements advising prospective purchasers that private roadways are subject to a Condominium Corporation and agreements for maintenance, snow removal and garbage pickup. Owners are advised that all laneways are to be kept free and clear of vehicles to ensure that emergency service, snow removal and waste collection vehicles have continued access and that failure to comply with this clause will result in ticketing and potentially towing. 18. That the Condominium Agreement shall address the following matters, to the satisfaction of Bell Canada: a. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. frY: 19. That the Condominium Agreement shall address the following matters, to the satisfaction of Canada Post: a. The Owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. As well, the Owner will provide the expected installation date(s) for the Community Mail Boxes. b. The Owner shall make satisfactory arrangements with Canada Post and the Municipality, for the installation of Canada Post Community Mailboxes and shall indicate these locations on the appropriate servicing plans. The applicant shall further provide the following for the Community Mailboxes: i) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post; ii) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box; iii) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied; and iv) The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: a. Any required walkway across the boulevard, per municipal standards; b. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications. 20. That the Condominium Agreement shall address the following matters, to the satisfaction of Canadian National Railway Company: 173 a. A safety setback of habitable buildings from the railway rights -of -way to be a minimum of 15 metres. b. The Owner shall install and maintain a chain link fence of minimum 1.83 metre height along the mutual property line with the railway. c. The following clause should be inserted in all development agreements, condominium declarations, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the railway right-of-way: Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights -of -way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights -of -way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights -of -way. d. The storm water management facility must be designed to direct all run off waters away from CN right of way. Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. e. The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. 21. That the Condominium Agreement shall address the following matters, to the satisfaction of Enbridge Gas/Union Gas: a. That the owner/developer provide to Enbridge Gas/Union Gas the necessary easements and/or agreements required by Enbridge Gas/Union Gas for the provision of gas services for this project, in a form satisfactory to Enbridge. 22. That the Condominium Agreement shall address the following matters, to the satisfaction of Hydro One: 174 a. The developer must contact Jim Oriotis, Sr. Real Estate Coordinator at Jim.Oriotis@hydroone.com to discuss all aspects of condominium design, ensure all of Hydro One's technical requirements are met to its satisfaction, and acquire the applicable agreements. b. Prior to Hydro One providing its final approval, the developer must make arrangements satisfactory to Hydro One for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to Hydro One for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. c. Any development in conjunction with the condominium must not block vehicular access to any Hydro One facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. d. At the developer's expense, temporary fencing must be placed along the transmission corridor prior to construction, and permanent fencing must be erected where lots directly abut the transmission corridor after construction is completed. e. The costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this condominium will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or Hydro One facilities thereon resulting from construction of the condominium. f. Hydro One's easement rights must be protected and maintained. 23. Prior to final approval, the County is advised in writing from Bell Canada Enterprises Inc. that Draft Plan Condition 18 has been addressed to their satisfaction. 24. Prior to final approval, the County is advised in writing from Canada Post Corporation that Draft Plan Conditions 19 has been addressed to their satisfaction. UNA 25. Prior to final approval, the County is advised in writing from Canadian National Railway Company that Draft Plan Condition 20 has been addressed to their satisfaction. 26. Prior to final approval, the County is advised in writing from Enbridge Gas Inc. that Draft Plan Condition 21 has been addressed to their satisfaction. 27. Prior to final approval, the County is advised in writing from Hydro One Networks Inc. that Draft Plan Condition 22 has been addressed to their satisfaction. 28. Prior to final approval, the County is advised in writing from the Municipality that Draft Plan Conditions 1 to 14, 16, and 17 have been addressed to their satisfaction. 29. This approval of the draft plan applies for a period of three (3) years, and if final approval is not given within that time, the draft approval shall lapse under Subsection 51(32) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. 30. That the Owner shall provide the Municipality and County with digital copies of the Final Plan in a format acceptable for the Geographic Information System mapping program, AutoCAD program, and portable document format. Notes to Draft Approval 1. This approval applies to the draft plan submitted by Dillon Consulting Limited, prepared by, Dillon Consulting, certified by Kim Hustead, OLS, File No. 34CD- S02101, drawing no. 18-0173, dated October 13, 2021, as revised December 19, 2021, which shows a 32-unit residential development located at Part of Lot 40, Concession SE of N Branch of Talbot Road, Geographic Township of Southwold, 10117 Talbotville Gore Road (Talbotville), Township of Southwold. 2. This draft approval is for a Vacant Land Plan of Condominium under Part XII of the Condominium Act, 1998, S.O. 1998, c. 19, as amended. 3. It is the applicant's responsibility to fulfill the conditions of draft approval. 4. It is recommended that the familiarize themselves with: i. subsection 144 (1) of The Land Titles Act, which requires all new plans be registered in a land titles system; ii. subsection 144 (2) - allows certain exceptions. 5. Inauguration, or extension of a piped water supply, a communal sewage system or a storm water management system, is subject to the approval of the Ministry of Environment, Conservation, and Parks under Section 52 and Section 53 of the Ontario Water Resources Act. 6. The Ministry of Environment, Conservation, and Parks must be advised immediately should waste materials or other contaminants be discovered during the development of this plan of condominium. 7. It is the applicant's responsibility to obtain the necessary permits from the Kettle Creek Conservation Authority (KCCA) in accordance with Ontario Regulation 181/06 made pursuant to Section 28 of the Conservation Authorities Act. Permits shall be obtained prior to any development and/or alterations on the subject lands, unless otherwise authorised by KCCA in writing. In addition, the applicant is responsible for implementing, maintaining, and notifying KCCA in writing, of all sediment and erosion controls and maintenance, on the subject lands. 8. A copy of the condominium agreement and the declaration must be provided to the County of Elgin (Manager of Planning) prior to final plan approval. 9. If commenting agency's condition concerns matters to be covered in the condominium agreement, a copy of the agreement should be sent to them. This will expedite clearance of the final plan. 10.All measurements on condominium final plans must be presented in metric units. 11.The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document Format (PDF) with the appropriate citation from the Planning Act used. The AutoCAD (DWG) file must be consistent with the following standards: i. Georeferenced to the NAD83 UTM Zone 17N coordinate system. ii. All classes of features must be separated into different layers. iii. Each layer should be given a descriptive name so that the class of feature it contains is recognizable. 12. The final plan approved by the County of Elgin must include the following paragraph on all copies (3 mylars and 4 paper) for signature purposes: a "Approval Authority Certificate Parts & approved and Part exempted under Section 9 of the Condominium Act and Section 51 of the Planning Act, on this _ of , 20 _ day `rrll Manager of Planning" 13.The approval of this draft plan of condominium File No. 34CD-SO2101 will lapse on February 8, 2025 pursuant to subsection 51(32) of the Planning act, as amended. It is the responsibility of the owner to request an extension of the draft approval if one is needed. A request for extension should be made at least 60 days before the approval lapses since no extension can be given after the lapsing date. The request should include the reasons why an extension is needed and a resolution in support of the extension from the council of the Municipality. 14. The final plan approved by the County of Elgin must be registered within 30 days or the County may withdraw its approval under Subsection 51(59) of the Planning Act. 178 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy 1uuuoouuupo CAO El(gna rueressive by Nature DATE: February 811, 2022 SUBJECT: 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 Applicant: Mike Pletch / Dillon Consulting Limited Owner: Jacob Hiebert File No.: 34CD-AY2102 RECOMMENDATION: 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. INTRODUCTION: This report will provide County Council with the information required to consider granting draft plan approval to the draft Plan of Condominium described under File No. 34CD-AY2102. In accordance with Section 51 of the Planning Act, the "Approval Authority" may give or refuse to give approval to a draft plan of subdivision/condominium. County Council is the Approval Authority. DISCUSSION: The subject lands are located on the lands municipally known as 335 John Street South in the Town of Aylmer (see attached plan). The owner is requesting draft approval of a "Vacant Land Plan of Condominium" on which is proposed thirty-four (34) semi- detached residential dwellings and common elements, including a private roadway, landscaped areas, and visitor parking. I01 The lands are located on the east side of John Street South, south of the intersection with Alexander Drive and will be accessed from John Street. The lands are irregularly shaped with an area of approximately 1.35 ha (3.3 ac) with a frontage along John Street South of approximately 34 m (111.5 ft). The lands are located adjacent to the easterly limit of the Town's corporate limit and are currently vacant. Surrounding land uses include the Aylmer Fire Hall and single -detached residential uses to the north, agricultural lands as well as a stormwater management pond to the east, a church to the south and single -detached residential uses to the west. They are designated as "Settlement Area" in the County Official Plan, and are designated "Low Density Residential" and zoned "Residential Multiple Second Density (RM2) Zone" and "Environmental Protection (EP) Zone" in the Town's Official Plan and Zoning By-law, respectively. This application was accepted as "complete" on October 25t", 2021 by the County and a statutory public meeting was held by the Town on December 1st, 2021 and no objections were raised. A number of comments were received from various organisations requesting compliance with standard conditions and policies; however, there were no objections submitted. The Township of Malahide provided comments relating to concerns with the proposed development, specifically related to concerns with the potentially limited connectivity and public accessibility to lands located east of the subject property that would result from the proposed private roadway. It was concluded by Planning staff that although connectivity is a shared concern, in reviewing the developability of lands to the east, it was noted that these lands are comprised of prime agricultural lands, with natural heritage features, contain a portion of the Carter Drain and approximately half of the lands are within an area regulated by the Catfish Creek Conservation Authority. As such, the likelihood of future development is low. In response, the Town has confirmed that through a concurrent site plan control process, staff have worked with the proponent to address on -site connectivity. Staff have also included a recommended condition requiring a development agreement to address these concerns and other similar matters typically considered under the Town's Site Plan Control By-law. The Town of Aylmer passed a resolution recommending approval of the draft plan of condominium on December 1, 2021 and provided a list of conditions for final approval. The proposed condominium development will be serviced through an extension of municipal services from John Street South, with water connections to be contained within an easement to enable access to Town staff for operation and maintenance. Staff have confirmed that adequate sanitary capacity and water supply allocations are currently available to support this development. IF-191 FINANCIAL IMPLICATIONS: •1m 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. This approved plan of condominium will provide additional housing stock in the Town of Aylmer. Further, as noted in this report, the Township of Malahide has noted potential impacts to the accessibility of certain lands in Malahide Township. COMMUNICATION REQUIREMENTS: Notice of decision is required to be provided by the County to: • the applicant; • each person or public body that made a written request to the County to be notified of the decision; • the local Municipality; • the regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office responsible for the region the Ministry of Municipal Affairs and Housing, if requested; and • any individual or agency as prescribed on the circulation list. IN CONCLUSION: Based on the analysis contained in this report, it is in the opinion of staff that Council may grant draft approval to the subject plan of condominium as the plan: • Is consistent with the Provincial Policy Statement; • Conforms to the policies of both County and Township Official Plans; • Is compliant with the Town of Aylmer Zoning By-law; and • Represents good planning and is in the public interest. The County's interim external planning consultant has reviewed File No. 34CD-AY2102 and has prepared conditions for draft approval which are attached for Council's review. These conditions have been reviewed by the Town of Aylmer and by the owner and no changes have been requested. Based on the above, staff is satisfied with the draft plan of condominium and the conditions as attached. If County Council approves this draft plan of condominium, the Applicant/Owner will be responsible for fulfilling the conditions as attached, within three (3) years of the decision by County Council before final approval can be given. All of which is Respectfully Submitted: Brian Lima Engineering, Planning, & Enterprise (EPE) / Deputy CAO Approved for Submission: Julie Gonyou Chief Administrative Officer IGY: le t eu ,:w rn w �,� J �"e V, ;i �'<X f Y 4k ✓FYI 6-aV Fp A holm 4rr. The conditions to final plan of approval for registration of this Condominium (File No. 34CD-AY2101) as provided by the County of Elgin are as follows: No. Conditions The Owner agrees, by entering into a Development Agreement under Section 41 of the Planning Act R. S.O. 1990, as amended, with the Town of Aylmer wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Town respecting the conditions of approval set out herein, and the laying out and development of the site, the installation of facilities and services including roads, sewage collection systems, water distribution system, utilities, storm water management facilities and landscaping required for the development of the lands within the Plan. 2. That the agreement between the Owner and the Town be registered against the lands to which it applies once the declaration and description has been registered. 3. That the condominium declaration include the following provisions: i) That on -site snow clearing shall be the responsibility of the Condominium Corporation; and ii) That a private contractor will pick up and dispose of garbage refuse and recyclable materials from the development. 4. That the Owner shall provide easements as may be required for utility, servicing, or access purposes in a form satisfactory to the Town or utility. 5. That the Owner convey up to 5% of the land included in the plan to the municipality for park or other public recreation purposes. Alternatively, the Town may require cash -in -lieu of all or a portion of the conveyance. 6. That the Applicant meet all the requirements, financial and otherwise of the Town of Aylmer, to the satisfaction and clearance of the Town. 7. Prior to final approval for the registration of any condominium corporation within this development, the Owner shall submit a plan showing the door point numbers to be displayed on the exterior of each unit and the corresponding legal descriptions to the satisfaction of the Town. 184 8. That the Development Agreement shall address the following matters, to the satisfaction of Canada Post: a. The Owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. As well, the Owner will provide the expected installation date(s) for the Community Mail Boxes. b. The Owner shall make satisfactory arrangements with Canada Post and the Town, for the installation of Canada Post Community Mailboxes and shall indicate these locations on the appropriate servicing plans. The applicant shall further provide the following for the Community Mailboxes: i) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post; ii) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box; iii) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied; and iv) The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: a. Any required walkway across the boulevard, per municipal standards; b. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications. 9. That prior to final approval, the County of Elgin is to be advised in writing by the Town how conditions 1 though 7 have been satisfied. IF-11 10. That prior to final approval, the County of Elgin is to be advised in writing by Canada Post how condition 8 has been satisfied. Notes to Draft Approval 1. That this approval applies to the draft plan of vacant land condominium, prepared by Kim Husted Surveying Limited, OLS, Project No. 21-1093, dated October 20, 2021, which shows the following: • Thirty four (34) Residential Units; • One (1) block for Common Elements, including landscape and amenity areas, internal access and driveways, services and visitor parking spaces. 2. This draft approval is for a Vacant Land Plan of Condominium under Part XII of the Condominium Act, 1998, S.O. 1998, c. 19, as amended. 3. The development is to be registered as one (1) Condominium Corporation. 4. It is the applicant's responsibility to fulfill the conditions of draft approval. 5. It is recommended that the familiarize themselves with: i. subsection 144 (1) of The Land Titles Act, which requires all new plans be registered in a land titles system; ii. subsection 144 (2) - allows certain exceptions. 6. Inauguration, or extension of a piped water supply, a communal sewage system or a storm water management system, is subject to the approval of the Ministry of Environment, Conservation, and Parks under Section 52 and Section 53 of the Ontario Water Resources Act. 7. The Ministry of Environment, Conservation, and Parks must be advised immediately should waste materials or other contaminants be discovered during the development of this plan of condominium. 8. It is the applicant's responsibility to obtain the necessary permits from the Catfish Creek Conservation Authority (CCCA) in accordance with Ontario Regulation 146/06 made pursuant to Section 28 of the Conservation Authorities Act. Permits shall be obtained prior to any development and/or alterations on the subject lands, unless otherwise authorised by CCCA in writing. In addition, the applicant is responsible for implementing, maintaining, and notifying CCCA in writing, of all sediment and erosion controls and maintenance, on the subject lands. IF-11 9. A copy of the condominium agreement and the declaration must be provided to the County of Elgin (Manager of Planning) prior to final plan approval. 10. If commenting agency's condition concerns matters to be covered in the condominium agreement, a copy of the agreement should be sent to them. This will expedite clearance of the final plan. 11.All measurements on condominium final plans must be presented in metric units. 12.The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document Format (PDF) with the appropriate citation from the Planning Act used. The AutoCAD (DWG) file must be consistent with the following standards: iii. Georeferenced to the NAD83 UTM Zone 17N coordinate system. iv. All classes of features must be separated into different layers. v. Each layer should be given a descriptive name so that the class of feature it contains is recognizable. 13. The final plan approved by the County of Elgin must include the following paragraph on all copies (3 mylars and 4 paper) for signature purposes: b. "Approval Authority Certificate Parts & approved and Part exempted under Section 9 of the Condominium Act and Section 51 of the Planning Act, on this day of 20_. Manager of Planning" 14.The approval of this draft plan of condominium File No. 34CD-AY2101 will lapse on February 8, 2025 pursuant to subsection 51(32) of the Planning act, as amended. It is the responsibility of the owner to request an extension of the draft approval if one is needed. A request for extension should be made at least 60 days before the approval lapses since no extension can be given after the lapsing date. The request should include the reasons why an extension is needed and a resolution in support of the extension from the council of the Municipality. 15. The final plan approved by the County of Elgin must be registered within 30 days or the County may withdraw its approval under Subsection 51(59) of the Planning Act. `&W REPORT TO COUNTY COUNCIL FROM: Brian Lima General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy lliium��nrc CAO �ve � Peter Dutchak, Manager of Transportation Services Prug1ress DATE: January 14, 2022 SUBJECT: Dutton Land Holdings Development — Currie Road RECOMMENDATIONS: 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. INTRODUCTION: County Council has received a resolution from the Municipality of Dutton Dunwich in regards to a proposed development at the north limits of the Village of Dutton. This report will describe the proposed development, detail the anticipated traffic impacts to County roads and plan for the recommended mitigating road improvements. DISCUSSION: A development by Dutton Land Holdings Inc. (subject development) is proposed to encompass the south east quadrant of the intersection of Currie Road and Pioneer Line at the north limits of the Village of Dutton. This subject development consists of a residential component of 84 single-family units and 17 townhouse units, as well a commercial component comprising of five buildings including a food supermarket, seven commercial -retail units, a fast food restaurant, bank and gas bar. This subject development is proposed to be undertaken in five phases, with phase 1 including the commercial development and the residential units comprising phases 2 through 5. This development is anticipated to be completed by 2024. A Traffic Impact Study (TIS) has been completed for the subject site to determine future full development impacts and 188 provide mitigation recommendations on roads within the study area lands. The TIS also includes cumulative impacts associated with three other proposed developments ("Dutton Ignite (D.I.) Development", "Cantam Group Development" and an unnamed residential development at the east limits of Annabella Street) within the study area. A key map identifying all of the proposed development locations is provided below. The TIS has confirmed that the existing County road system can accommodate the future traffic demands generated from all the proposed developments, however a number of remedial measures will be required to ensure traffic movements operate at an expected level of service. Upon development of the full study area (including all proposed developments), the following improvements to the County road system will be required: ➢ Northbound left -turn lane of 15 metre storage at the north ramp terminal intersection with Highway 401 and Currie Road. ➢ Traffic signal control at the intersection of Currie Road and Pioneer Line along with the addition of northbound and southbound left -turn lanes. ➢ Two-way centre turn lane on Currie Road between Pioneer Line and Annabella Street (approximately 500 metres in total length). Timing of recommended remedial measures will be governed by development staging. The subject development (Dutton Land Holdings Inc.) is anticipated to be completed by 2024, however, there is no certainty about the timing of the three other area developments within the study area. The TIS has confirmed that the remedial modifications identified above could be implemented after the development of the subject development and prior to full development of the study area. To accommodate the Dutton Land Holdings Inc. development, in the near term (2024), the following remedial modifications are required: ➢ Modification of the Currie Road / Pioneer Line intersection channelization to provide a southbound left turn lane and opposing northbound left turn lane. ➢ Implementation of a "Right In - Right Out" restrictive island at the north commercial access on Currie Road until such time where a two-way centre lane on Currie Road between Pioneer Line and Annabella Street can be implemented. At such time, the "Right In — Right Out" restrictive movement island can be removed. Lane configuration changes to the intersection of Currie Road and Pioneer Line will be included within the capital budget and funded by the County. The most northerly proposed commercial entrance on Currie Road will be constructed by the developer and the inclusion of a "Right In — Right Out" island will form part of a site plan approval requirement. However, full build out of all the proposed study area developments will require significant improvements and costs to be funded solely by the County since a development charges funding mechanism is not available. In order to plan for the recommended road improvements and to provide Council with some investment value context, the following costs will be included within the 10 year Will capital plan as a placeholder until actual development staging and implementation is apparent. 1. Currie Road and Pioneer Line intersection modifications (addition of left turn lanes, northbound and southbound) — $150,000 2. Northbound left -turn lane of 15 metre storage at the north ramp terminal intersection with Highway 401 and Currie Road - $250,000 3. Traffic signal control at the intersection of Currie Road and Pioneer Line - $500, 000. 4. Two-way centre turn lane on Currie Road between Pioneer Line and Annabella Street (approximately 500 metres in total length) - $625,000. The total estimated cost to implement these remedial measures is $1,525,000 and not currently included within the capital budget. It should be noted that the reconstruction of Currie Road in this vicinity is currently scheduled for the year 2031 and this project's scope is therefore proposed to be expanded to include the two-way centre turn lane at the same time for an estimated additional $625,000 project cost. The scheduling of the reconstruction of Currie Road will be altered once development staging and implementation is fully known. 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. `R2 COMMUNICATION REQUIREMENTS: •Cm CONCLUSION: The County has received a Traffic Impact Study to determine road network impacts associated with a number of proposed developments near the northern limits of the Village of Dutton. The study's recommendations include some short term (prior to 2024) and longer -term improvements to Currie Road in order to accommodate full build out of these developments. The total estimated costs to implement the recommended mitigation measures to Currie Road total $1,525,000 and will be added to future years of the capital plan as a placeholder until development staging in implementation is confirmed. All of which is Respectfully Submitted Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak Manager of Transportation Services Approved for Submission Julie Gonyou Chief Administrative Officer IRYA REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager 00 �l�uiuioouuEngineering, Planning, and Enterprise (EPE) / Deputy CAO Elgin rup,'res'"hn� ,,,,byNature Stephen Gibson, County Solicitor DATE: January 18, 2022 SUBJECT: Elgin (County) / Eh!tel Networks Inc. - Telecommunication Equipment Consent and Road User Agreement RECOMMENDATIONS: It is recommended that: The within 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, 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 Eh!tel Networks 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 Eh!tel Networks Inc. BACKGROUND AND DISCUSSION: Eh!tel Networks Inc. is a local 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. Attached to this Report is a proposed Telecommunication Agreement between Elgin and Eh!tel Networks Inc. for Council consideration and approval and associated authorization for execution by the Warden and Chief Administrative Officer. The proposed Agreement will apply to all future Eh!tel Networks Inc. infrastructure installed within the County Road Allowances. Existing infrastructure, including those projects currently being installed, will be governed by previous and existing Agreements and Permits. FINANCIAL IMPLICATIONS: As between Elgin and Eh!tel Networks Inc., 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 the Proponent Corporation. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: None 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. INi! COMMUNICATION REQUIREMENTS: CONCLUSION: Staff presents a proposed Telecommunication Agreement with Eh!tel Networks Inc. in keeping with the format as directed by County Council and to govern future installation projects. All of which is Respectfully Submitted Brian Lima General Manager — Engineering, Planning, and Enterprise (EPE) / Deputy CAO Stephen Gibson, County Solicitor Approved for Submission Julie Gonyou Chief Administrative Officer TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD USER AGREEMENT This Agreement made effective the day of 20 (the "Effective Date"). BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (hereafter the "County") OF THE FIRST PART - and — EH!TEL NETWORKS INC. (hereafter the "Company") OF THE SECOND PART WHEREAS: 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 access and use the ROWs; provided that such use will not unduly interfere with municipal operations, equipment or installations and the 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; 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, in order of priority, the General Manager - Engineering, Planning, and Enterprise (EPE) for the Corporation of the County of Elgin. In absence of an individual in that position, the County Engineer for the said Corporation of the County of Elgin or an individual appointed by Council of the said Corporation of the County of Elgin to perform the duties of the said County Engineer, or his or her designate; (d) "CRTC" means the Canadian Radio -television and Telecommunications Commission. 196 (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; (t} "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 "MC" 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; n "Permit' means a Municipal Consent or a Road Permit or both; "Road Permit" means a permit issued by the County in accordance with applicable County by-laws, which Council may pass and amend from time to time, authorizing the Company to occupy the ROWs with its workforce, vehicles and other equipment when performing the Work, including without limitation, Road Occupancy Permit, Access/Entrance Permits, and Moving Oversize Load/Weight Vehicles Permits; (k) "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; (� "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 20 and expiring and terminating on 20 . (m) "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; (n) "Work" means, but is not limited to, any installation, removal, construction, 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 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 and the 197 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. 3. APPLICABLE PERMITS 3.1 Permits. (a) Subject to Section 3.2 and 3.4, the Company shall not access, enter upon, occupy, excavate, break up, disturb, or move oversized or overweight vehicles or do any Work Within any ROW without first obtaining the applicable Permits, being a Municipal Consent and/or Roads Permit(s), as the case may be. (b) For each Permit required above, the Company shall submit to the County a completed application, in a form specified by the County and including the Permit fees, deposits and security associated with applicable County By-laws, Municipal Guidelines, as amended and/or replaced this Agreement. The Permit fees in effect as of the Effective Date are set out in Schedule "A " to 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 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 ninety (90) days 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 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; 198 (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. Without limiting the foregoing, the County may refuse to issue a Permit where, in the opinion of the County Engineer, there is insufficient space Within a ROW to accommodate the proposed Equipment taking into account existing and potential future public service infrastructure. 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. 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. 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 199 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: (a) coordinate its work with other existing and new occupants of the ROW; (b) where the Company seeks access to a ROW with an existing transmission line, use its reasonable efforts to negotiate an agreement for the use of the supporting structures of the existing transmission line, failing which the Company shall apply to the CRTC for permission to access said support structures; and (c) where the Company has installed a transmission line Within a ROW, use its reasonable efforts to reach an agreement for the use of the supporting structures of the Company's transmission line, where access to said support structures is requested by a Third Party. 4.6 Existing Facilities. The Company acknowledges that, due to space constraints, the placement of new Equipment Within a ROW that is occupied by the telecommunications facilities of a Third Party, save and except for Equipment to be placed on or in existing support structures of said Third Party, shall only be permitted in exceptional circumstances at the discretion of the County Engineer. 4.7 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 person for which they work. 4.8 Emergency contact personnel. The Company and the County shall provide to eachother a list of twenty-four (24) hour emergency contact personnel available at all times and shall ensure that the list is kept current. 4.9 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 ROW s. 4.10 "As -built" drawings. The Company shall, no later than sixty (60) 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. 4.11 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 surface of the ROW to the same or better condition it was in before the Work was undertaken, all in accordance 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 requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid. 200 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 4.9 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 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, the County will notify the Company of the error, following which the Company shall attempt to resolve the conflict. If the Company is unable to resolve the conflict in a reasonable time commensurate with the situation and to the County's satisfaction, the Company will pay the County for its reasonable and verifiable costs incurred as a direct result of the conflict. 7. 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 thereafter or such other time as agreed to by the Parties at the full and sole expense of the Company. The failure of the Company to relocate its equipment to the standard required by the County and/or within the time period set forth above shall constitute a breach of this Agreement by the Company, and the Company and its representatives, successors and assigns hereby agree to a Consent Judgement and/or Order in the Superior Court of Justice 201 requiring the Company to complete the relocation of its Equipment at its full and sole cost 7.2 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. 7.3 Required by Legislation or Lawful Order. In the event relocation of Equipment is required as a result of the County's compliance with a legislative requirement, Ministerial order or such other law or order of a body which has the ability to force the County to act then the costs of the Relocation and/or related installation work associated with the Equipment shall be performed by the Company at its full and sole cost. 7.4 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. 7.5 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. (a) Temporary Reconstruction or Realignment of Road Allowances. The Company shall, upon reasonable prior notice to the County, have the right to 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. In addition to the Fees referred to in Section 8.2, the Company covenants and agrees to pay to the County any Roads Permit fees, deposits and security associated with and required or demanded under applicable County By-laws, as amended or replaced. The Roads Permit fees and charges and security requirements in effect as of the Effective Date are set out in Schedule "A " to this Agreement. Payment of Roads Permit fees and/or security as referenced above are exempt from the invoice requirements of section 8.4. 8.2 Fees. The Company shall pay to the County an installation fee in the amount of $250.00 per kilometer of Equipment installed at each location for each Municipal Consent applied for by the Company and permit therefor granted by the County during the term of this Agreement. 8.3 On or before the Effective Date, the Company shall pay to the County the sum of ONE THOUSAND DOLLARS ($1,000.00) to offset engineering, legal, and administrative costs associated with preparation of this Agreement. In addition to that set forth immediately above and on or before the Effective Date, the Company shall also pay to the County the sum of FIVE HUNDRED DOLLARS ($500.00) for administration of this Agreement during the Term hereof, calculated at the rate of ONE HUNDRED DOLLARS ($100.00) per year of such Term. 8.4 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 202 the payment terms. The Parties agree that all payments shall be made in full by no later than thirty (30) days after the date of the invoice was received. 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 120 and expire and terminate due to expiry on , 20 (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 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 Party 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; 203 (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 Parry 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 Comprehensive general liability occurrence -based insurance. Without limiting the generality of the foregoing, the Company shall obtain and maintain comprehensive 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 claim (exclusive of interest and costs); (b) extends to cover the contractual obligations of the Company as stated within this Agreement; (c) names the County as an additional insured; (d) contains cross liability and severability of interest clauses. (e) the Company shall be required to carry at all times during this Agreement the following 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: 204 (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 registered 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 and Other Security. If requested by the County, the Company shall, within thirty (30) days thereafter, post an irrevocable blanket letter of credit, or other form security in a form satisfactory to the County's Chief Administrative Officer, 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 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 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 County. 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, 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, 205 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 Survival. The obligation of a Parry to indemnify, defend and save harmless the other Parry 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. 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 206 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 Parry 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 parry 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 Parry 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 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 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: Eh!TEL Networks Inc. 392058 Grey Road, 109 Holstein, Ontario NOG 2AO 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 during the regular business hours of the Party receiving the notice, on the date it was transmitted, or, if transmitted by facsimile outside regular business hours of the Party receiving the notice, on the next regular business day of the Party receiving the notice; provided, however, that either Party 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 Party 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 207 Health Organization, United Nations, World Trade Organization); or any relatives or close 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. 18. GENERAL 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. 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. IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s) 208 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: , Warden Julie Gonyou, Chief Administrative Officer We have the authority to bind the Corporation SIGNED, SEALED AND DELIVERED EH!teI Networks Inc. in the presence of: Date: Per: (Printed Name) Title: (Printed Title) I have the authority to bind the Corporation 209 SCHEDULE"A" Fees and Charges Telecommunication Equipment Consent and Road User Agreement By -Law Fee/Charge Amount 21-16 Preparation of Agreement $1000.00 21-16 Permit Fee $200.00 (per installation location) 21-16 Installation Fee $250.00 per kilometer (at each installation location) 21-16 Contract Administration Fee $100.00 per year 21-16 Road Occupancy Permit $200.00 to $400.00 (plus refundable deposit) 210 REPORT TO COUNTY COUNCIL FROM: Brian Lima General Manager Engineering, Planning, and Enterprise (EPE) — Deputy CAO DATE: January 17, 2022 Prug1ressive by Nature SUBJECT: Whites Station Operations Centre Antenna Communications Tower Inspection RECOMMENDATION: 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. INTRODUCTION: The purpose of this report is to provide Council with a summary of a recently completed major tower inspection undertaken on the County's Whites Station Operations Centre antenna communication tower. The inspection was undertaken by WesTower Communications Ltd. in accordance with the requirements of CSA/CSA S37-18 standard. DISCUSSION: The County of Elgin retained the services of WesTower Communications Ltd. (hereinafter referred to as WesTower) to perform a required biennial tower inspection of the County's 76.2 meter (250 foot) tall antenna communication tower located at Whites Station Operation Centre. The site inspection focuses on identifying preventative maintenance practices that promotes employee and contractor safety, network integrity, and long-term asset value. The inspection is not a structural review of the site installation, but rather a comprehensive visual review of the condition of the existing site. As per the inspection report findings, the overall condition of the tower was deemed to be good condition. There were a number of minor `immediate' and `near -term or monitor' deficiencies identified. The County of Elgin has requested a quotation from WesTower to address all of the outstanding deficiencies identified in the report. The required corrective actions is planned to be undertaken in the spring of 2022. PAN The County of Elgin has also received inquires from local ISPs expressing interest in leasing space on the tower for communications equipment related to wireless internet equipment. If made available, this potential opportunity could improve localized internet connectivity for County residents as part of Council's commitment to improving connectivity throughout the County. In further support of such opportunity, a structural assessment of the tower would be required to ensure that the placement of the equipment can be supported by the existing structure. FINANCIAL IMPLICATIONS: A cost of $2,500.00 (exclusive of HST) was invoiced to the County of Elgin for the services of WesTower Communications Ltd, to undertake the inspection of the Antenna Communications Tower and provide a inspection report in accordance with the requirements of CSA/CSA S37-18 standard. If at some point in future Council is interested in leasing space to an internet service provider, a structural assessment of the tower at a cost of $2500.00 (exclusive of HST) is required to confirm if the existing antenna tower is structurally capable of supporting addition telecommunications equipment. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ❑ Ensuring alignment of ❑ Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ® Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. ❑ 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. LOCAL MUNICIPAL PARTNER IMPACT: The Municipality of Central Elgin, leases the Whites Station Operations Centre from the County and will be notified of any work to be undertaken on the communications tower. COMMUNICATION REQUIREMENTS: CONCLUSION: The County of Elgin retained the services of WesTower Communications Ltd. to perform a required maintenance inspection on the County's 76.2 meter (250 foot) tall antenna communication tower located at the Whites Station Operation Centre. As per the inspection report findings, the overall condition of the structure was deemed to be good condition. There were a number of minor `Immediate', and `Near -Term or Monitor' deficiencies identified. The County of Elgin has requested a follow-up quotation from WesTower Communications Ltd. to address all deficiencies identified in the report. If at some point in the future Council is interested in leasing space to a internet service provider for wireless internet deployment, a structural assessment of the tower would be required to ensure that the placement of the equipment can be supported by the existing structure. All of which is Respectfully Submitted Brian Lima General Manager Engineering, Planning, and Enterprise (EPE) / Deputy CAO Eugenio DiMeo Manager of Corporate Facilities Approved for Submission Julie Gonyou Chief Administrative Officer OAK] a111 Prugressive by Nature 7xiZi7►�i l►�i l � �l 7_� �L�P► R REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of Engineering, Planning & Enterprise (EPE) / Deputy CAO DATE: February 1, 2022 SUBJECT: Terrace Lodge Redevelopment - Revised Development Agreement 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. INTRODUCTION: The purpose of this report is to seek 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. DISCUSSION: In March of 2021, the provincial Ministry of Long -Term Care advised that its earlier fully executed Development Agreement with the County in support of the Terrace Lodge Redevelopment Project needed to be revised to reflect their modernized Capital Funding Policy, the new Cost Eligibility Guide, and to align with provincial Transfer Payment Agreement requirements. Following its review by County Senior Counsel, staff recommends that the Warden and Chief Administrative Officer be directed and authorized to sign the Ministry of Long - Term Care's revised Development Agreement appended to this report. ►AM FINANCIAL IMPLICATIONS: The Terrace Lodge Redevelopment Project base construction funding subsidy per bed per day was increased from $18.03 per bed per day to $21.53 per bed per day for its rural market segment. The introduction of a development grant is another fundamental change under the new policy. The Terrace Lodge Redevelopment Project will receive up to a maximum development grant of $29,246 per bed or $2,924,600 based on eligible costs. 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: 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 COMMUNICATION REQUIREMENTS: 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. PA CONCLUSION: The provincial Ministry of Long -Term Care requires a revised Development Agreement in support of the Terrace Lodge Redevelopment Project be executed to reflect their modernized Capital Funding Policy, the new Cost Eligibility Guide, and to align with provincial Transfer Payment Agreement requirements. All of which is Respectfully Submitted Brian Lima, General Manager of Engineering, Planning & Enterprise (EPE) / Deputy CAO Approved for Submission Julie Gonyou Chief Administrative Officer LTC DEVELOPMENT AGREEMENT THE AGREEMENT effective as of the day of 120 [Above date to be inserted by Ministry — when last Party signs]] BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Long -Term Care (the "Minister") - and - Corporation of the County of Elgin (the "Operator") BACKGROUND: 1. The Operator applied for, and the Minister has approved, the Operator's development of 100 Long -Term Care Home Beds in Aylmer, comprising: (a) 100 eligible Beds from Operator's existing home, Terrace Lodge. 2. In accordance with the Minister's approval the Operator agrees to develop 100 Beds in that location subject to the terms and conditions set forth in this Agreement, which entirely supersedes and replaces the Development Agreement dated February 12, 2020 between the Parties. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 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; ►Ar4 (c) the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement; (d) any reference to dollars or currency shall be to Canadian dollars and currency; (e) "include", "includes" and "including" denote that the subsequent list is not exhaustive; and (f) any reference to named legislation, or provisions thereof, includes successor legislation, and the corresponding provisions thereof, unless the context indicates otherwise. 1.2 Definitions. In this Agreement, the following terms shall have the following meanings: "Act" means the Long -Term Care Homes Act, 2007 (Ontario). "Agreement" means this development agreement entered into between the Minister and the Operator, all of the schedules listed in section 28.1, and any amending agreement entered into pursuant to section 32.2. "Applicable Law" means, with respect to any person, property, transaction, event or other matter, any law, rule, statute, regulation, order, judgment, decree, treaty or other requirement having the force of law relating or applicable to such person, property, transaction, event or other matter. "Applicable Policy" means any orders, rules, policies, directives or standards of practice, as amended from time to time, issued or adopted by the Ministry or by other ministries or agencies of the province of Ontario (including the LHIN) that are applicable to the Operator, the Home, this Agreement or the Parties' obligations under this Agreement or Applicable Law, and includes Applicable Policy as may be defined under a Service Accountability Agreement. "Application" means the Application described in Schedule "A". "Application Guidelines" means the Enhanced Long -Term Care Home Renewal Strategy Application Guidelines, 2015 together with the Enhanced Long -Term Care Home Renewal Strategy Application Form, 2015, issued by the Ministry on or about July 30, 2015, together with any clarification of these documents that may be publicly announced by the Ministry prior to the date this Agreement is signed by the Operator. "Beds" means the Long -Term Care Home Beds that are to be Developed by the Operator pursuant to this Agreement. Beds do not include Self -Funded Beds. "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 Ministry has elected to be closed for business. "Capital Occupancy Approval Letter" has the meaning set forth in Schedule "D", section 2(5). "Certificate of Substantial Performance" means a certificate signed by the Operator's architect for the Project, certifying that all the construction contracts relating to the Construction of the Project (or the applicable phase thereof) have been substantially performed within the meaning of the Construction Act. "CFS" means Construction Funding Subsidy (CFS) per diem funding (also referred to as the CFS, or the CFS per diem) referred to in the Policy. "Confidential Information" has the meaning set forth in section 6.4 (a). "Construction" has the meaning set forth in Schedule "B", section 3. "Construction Manager" means a construction manager for services under a CCDCSA Construction Manager Contract for Services or a construction manager for services and construction under a CCDCSB Construction Manager Contract for Services and Construction, or a substantially similar construction manager. "Construction Plans" means Preliminary Construction Plans, Working Drawings and any revisions to the foregoing approved by the Minister. "Controlling Person" means a person who holds a "controlling interest" (as defined in section 2 of the Act) in the Operator, or who would be deemed to hold such a controlling interest if the Operator were the "licensee" (as defined there) of the Home, unless the Operator is a municipality or board of management that is approved, or eligible to be approved, under Part VIII of the Act. "Design Manual" means the Long -Term Care Home Design Manual, 2015 issued by the Ministry on or about February 2015, together with any modification that may be publicly announced by the Ministry prior to the date this Agreement is signed by the Operator. "Develop" means to develop or redevelop Long -Term Care Home beds in accordance with this Agreement, and "Development" has a corresponding meaning. "Development Grant" means the development grant referred to in the Policy. "Effective Date" (where the term is capitalized) means the date set out at the top of the Agreement, which shall be the date it is fully executed by the last Party to execute it. "Eligible Project Costs" are as defined in the Policy, s. 3.2, and as further detailed in the Cost Eligibility Guide for the Development Grant issued by the Ministry on or about March 2021, specifically version 1.0. ►A1*1 "Environmental Laws" means Applicable Law in respect of the natural environment, public or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal and treatment of Hazardous Substances. "FEC Form" means a completed form, in the form for the FEC form set out in Schedule "F", setting out the final estimate of the cost of the Project, or in such other form as may be required in writing by the Minister. "Final Statement of Disbursements" ("FSD") means a completed form, in the form set out in Schedule "G", or in such other form as may be required in writing by the Minister. "Force Majeure" has the meaning set forth in section 14.2 (Force Majeure) "Funds" means the money the Minister provides to the Operator, or causes to be provided to the Operator, pursuant to the Agreement and includes the CFS and Development Grant. "General Contractor" means the Contractor under a CCDC2 Stipulated Price Contract or a substantially similar general contractor. "Hazardous Substance" means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of them that may impair the natural environment, injure or damage property, plant or animal life or harm or impair the health of any individual. "Home" means the Long -Term Care Home in which the Beds are being Developed and for greater certainty, includes the Beds and the common areas and common elements which will be used, at least in part, for the Beds being Developed by the Operator pursuant to this Agreement, but excludes any other part of the building which will be used for purposes not directly related to the Beds being Developed by the Operator pursuant to this Agreement (for example, for retirement home purposes). "IEC Form" means a completed form in the form for the IEC form set out in Schedule "F", setting out the initial estimate of the cost of the Project or in such other form as may be required in writing by the Minister. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, and includes Her ministers, agents, (including Crown agencies, such as the LHIN) appointees and employees. "LHIN" means the Local Health Integration Network responsible for the area in which the Home is located, or such successor as may be identified by the Minister for the purpose of this Agreement. Without limiting the foregoing, as of the Effective Date and pursuant to its powers under the Connecting Care Act, 2019, Ontario Health is the successor to the applicable LHIN for the purposes of this Agreement. ►4491 "Lien" means a mortgage, charge, pledge, lien (statutory or otherwise), security interest or other encumbrance or adverse claim of any nature or kind whatsoever. "Long -Term Care Home" means a long-term care home under the Act. "Long -Term Care Home Bed" means a bed in a Long -Term Care Home. "Loss" (where the term is capitalized) 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. "Minister of Long -Term Care" means the Minister of Long -Term Care for Ontario, or such other Minister who has been assigned responsibility for the administration of the Act at the relevant time, and for the purposes of the administration of this Agreement includes any agent or representative thereof or any other officer of the Ministry who is authorized to exercise the relevant responsibility(ies), which includes the Assistant Deputy Minister (ADM) of the Ministry who is responsible for the administration of this Agreement and such other officer(s) or employee(s) of the Ministry who that ADM identifies in writing for this purpose. "Ministry" means the ministry over which the Minister presides "Notice" means any communication given or required to be given pursuant to the Agreement. "Occupancy" means the admission of the first person as a resident in one of the Beds, or, where this Agreement provides for the Construction and opening of the Beds in separate phases, the admission of the first person as a resident in one of the Beds in one of the agreed phases. "Occupancy Plan" means the Occupancy Plan required to be submitted under Schedule "D", s. 2(1)(a). "Operational Plan" means a written description of measures to be taken by the Operator to assure resident health, safety and general well-being during Construction that is proposed in, or close to, existing Long -Term Care Homes Beds that will continue to be kept in operation during the Construction, prepared and approved in accordance with s. 6 of Schedule "B". "Operator's Personnel" means the Controlling Persons (if any), directors, officers, employees, agents or other representatives of the Operator and any of their respective directors, officers, employees, agents or other representatives. In addition to the foregoing, for the purposes of Articles 10 (Indemnity) and 11 (Insurance), Operator's Personnel shall include the General Contractor or Construction Manager and the Subcontractors for the Construction, and their respective controlling shareholders (if any), directors, officers, employees, agents or other representatives. ►414 "Parties" means the Minister and the Operator. "Party" means either the Minister or the Operator. "Planning Grant" means the Planning Grant that is provided to eligible Operators of non profit LTC homes under the Policy. "Policy" means the Ministry's Long -Term Care Home Capital Development Funding Policy, 2020, together with any modification of this document that may be publicly announced by the Ministry prior to the date this Agreement is signed by the Operator, attached hereto as Schedule "C", (for which in accordance with s. 2.0 of the Policy, the ministry may, from time to time, provide clarification, interpretation bulletins or forms, which at the date of this Agreement includes the Cost Eligibility Guide for the Development Grant referred to in the definition of "Eligible Project Costs". "Preliminary Construction Plans" means the content of the Preliminary Plans Submission after it is approved by the Minister in accordance with section 6 (a) of Schedule "B". "Preliminary Plans Submission" means the submission referred to in section 6 (a) of Schedule "B". "Proceeding" (where the term is capitalized) 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 the Agreement. "Project" means the construction described in Schedule "B", and the steps taken to meet the conditions of Funding under Schedule "D". "Project Documents" means the Project Documents referred to in section 6 of Schedule "B". "Project Schedule" is the schedule set out in Schedule "E". "PSSDA" means the Public Sector Salary Disclosure Act, 1996 (Ontario). "Public Tender" means a public tender that complies with the requirements set out in section 12 (1) of Schedule "B". "Regulation" means Ontario Regulation 79/10 under the Act. "Reports" means the reports required to be submitted to the Minister by or on behalf of the Operator. "Self -Funded Beds" are spaces that may accommodate Long -Term Care Home Beds, subject to all applicable requirements being met, but that are not approved by the Minister to receive Funds under this Agreement. "Service Accountability Agreement" is a service accountability agreement that the Operator is required to enter into with the LHIN or such successor or ►WA alternative Long -Term Care Home funding agreement as may be identified by the Minister for the purpose of this Agreement. "Site" means the site specifically identified in the Application, or approved by the Minister, on which the Beds to be developed under the Agreement will be situated. "Subcontractor" means a subcontractor for the Construction, where the Operator has retained a Construction Manager. "Total Completion" means that the Construction (or the Construction of the applicable phase, where the Construction is specifically permitted under Schedule B to be carried out in phases) has been completed in accordance with the terms of the Agreement and is ready to be opened for use as a Long -Term Care Home. "Working Drawings Submission" means the submission referred to in section 6 (b) of Schedule "B". "Working Drawings" means the content of the Working Drawings Submission after it is approved by the Minister in accordance with section 6 (b) of Schedule "B„ ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Operator represents, warrants and covenants that: (a) it is, and shall continue to be, from the Effective Date until the Project is completed, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and shall continue to have, from the Effective Date until the Project is completed, the necessary power and capacity to own its property and assets and conduct its affairs in the Province of Ontario. (c) it has, and shall continue to have, from the Effective Date until the Project is completed, the experience and expertise necessary to carry out every aspect of the Project that has not already been completed; (d) it is, and shall continue to be, from the Effective Date until the Project is completed, in compliance with all Applicable Law and Applicable Policy that are still applicable and related to any aspect of the Project, the Funds or both; (e) at the time of entering the Agreement, no act or proceeding has been taken by or (to the knowledge of the Operator) against the Operator in connection with, or seeking, the dissolution, liquidation, winding -up, bankruptcy or reorganization of the Operator; 223 (f) it holds, or will hold by the time they are required, all permits, licenses, consents, intellectual property rights, registrations and authorizations required to conduct its affairs and to perform its obligations under this Agreement; (g) the execution, delivery and performance by the Operator of this Agreement and such other agreements and instruments referred to herein do not and will not conflict with, result in a breach or violation of or constitute a default under any Applicable Law or any agreement, instrument or other document to which the Operator is a party or by which the Operator or any of its property or assets are bound (including, without limitation, any applicable constituting documents, by-laws, unanimous shareholders agreements, partnership agreement, or limited partnership agreement) except for violations which do not relate to the Site, the Home or the Project or will not, in the aggregate, have a material adverse effect on the present or future business, operations, property, prospects or condition (financial or otherwise) of the Operator; and (h) this Agreement constitutes a legal, valid and binding obligation of the Operator enforceable against the Operator in accordance with its terms, subject to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally and subject to general principles of equity. 2.2 Execution of Agreement. The Operator represents and warrants that: (a) it has the full power and capacity to enter into this Agreement and to carry out the Project in accordance with this Agreement; and (b) it has taken all necessary actions to authorize the execution of the Agreement. 2.3 Governance. The Operator represents, warrants and covenants that from the Effective Date until Total Completion of all the Beds it has, will maintain in writing and will follow: (a) procedures to enable the Operator, in a timely manner, to identify risks to achievement of Total Completion, and strategies to address the identified risks; and (b) procedures to enable the Operator to deal with such other matters as the Operator considers necessary to ensure that the Operator carries out its obligations under the Agreement. 2.4 Supporting Documentation. Upon request, the Operator shall provide the Minister with proof of the matters referred to in this Article 2. 2.5 Interest in Site. On and as of the later of: 224 (a) the Effective Date; and (b) the date on which the Operator acquires the Site, the Operator has good and marketable title to the Site, free and clear of any and all Liens except those Liens which have been listed by the Operator, as set out in Schedule "H". 2.6 Environmental Matters. On and as of the later of (a) the Effective Date and (b) the date on which the Operator acquires the Site or enters into a lease of the Site, the Operator warrants that: (i) to the best of the Operator's knowledge upon reasonable inquiry, no Hazardous Substance is now or was formerly (including the period prior to the Operator's acquisition of the Site) used, stored, generated, manufactured, installed, disposed of or otherwise present at or about the Site or any property adjacent to the Site, other than in accordance with Environmental Laws; (ii) the Site has been remediated in accordance with any and all Environmental Laws, and that it shall submit proof of this to the Ministry; or (iii) the Operator has a plan to remediate the Site in accordance with any and all Environmental laws, and that it shall remediate the Site in accordance with any and all Environmental Laws before construction begins, and that it shall submit proof of this to the Ministry; and that (iv) all current permits, licences, approvals and filings required with respect to the Site by Environmental Laws have been obtained, (v) the Operator's use, operation and the present condition of the Site does not and will not violate any Environmental Laws during the term of this Agreement, (vi) except as disclosed in writing to the Minister prior to entering this Agreement, the Operator has not violated any Environmental Laws in the conduct of its business (including business not relating to the Site or the Project), and (vii) except as disclosed in writing to the Minister prior to entering this Agreement, to the best of the Operator's knowledge, no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought, nor have any settlements been reached by or with any party or any Liens imposed, concerning any Hazardous Substance or Environmental Laws in connection with the Site or any other real property owned or leased by the Operator, or otherwise on or against the Operator. 0&1 2.7 Full Disclosure. All written statements made or furnished by or on behalf of the Operator to the Minister in connection with the transactions contemplated by this Agreement, were, as of the time such statements were made, true in all material respects and remain true in all material respects on the date hereof, and such statements do not contain any untrue statement of a material fact or omit a material fact necessary to make such statements not misleading, and all such statements, taken as a whole, do not contain any untrue statement of a material fact or omit a material fact necessary to make such statements or the statements contained herein not misleading. All expressions of expectation, intention, belief and opinion contained therein were honestly made on reasonable grounds after due and careful inquiry by the Operator (and any other person who furnished such material). To the best of the Operator's knowledge, there is no fact which the Operator has not disclosed to the Minister in writing prior to entering into this Agreement which adversely and materially affects, or so far as the Operator can now reasonably foresee, will adversely and materially affect its business, operations, property, prospects, liabilities or condition (financial or otherwise), or its ability to perform its obligations under this Agreement or to operate the Beds and the Home in accordance with this Agreement, the Application, Applicable Policy and Applicable Law. ARTICLE 3 TERM OF THE AGREEMENT 3.1 Term. The term of the Agreement shall commence on the Effective Date and shall expire upon the Minister approving a Final Statement of Disbursements from the Operator as required by section 4.3 (b), following upon all the conditions for funding set out in Schedule "D", section 1 (Funding Conditions) having been satisfied, in the sole and absolute determination of the Minister, and unless terminated earlier pursuant to Article 12, Article 13 or Article 14. Any termination or expiry of the Agreement is subject to Article 30 (Survival). ARTICLE 4 FUNDS AND CARRYING OUT THE PROJECT 4.1 (1) Funds Provided. After all the applicable conditions precedent of funding set out in section 1 (1) and (2) of Schedule D are met, the Minister shall provide the Operator with the applicable Funds, or ensure the provision of the Funds, for the Beds, (or for the Beds in the applicable construction phase where the Construction is specifically permitted under Schedule B to be carried out in phases*) in accordance with and subject to the Policy and the terms of this Agreement. The Operator's continuing to receive the CFS, and retaining the Development Grant, is subject to the conditions set out in section 1 (3) to (8) of Schedule D. *Despite the foregoing, and anything else in this Agreement, for the purposes of the provision of Funds under this Agreement, Phases 2 and 3 shall be considered to be combined so that Funds in respect of Phases 2 and 3 shall not be paid until the applicable conditions precedent of funding are met in respect of both Phases 2 and 3. ►KI (2) Where applicable, Basic Transition Support as set out in s. 3.3 of the Policy will be provided to the Operator following Occupancy, subject to applicable requirements. (3) A premium for offering a proportion of the beds in the home that is greater than the minimum proportion required under Applicable Law as basic accommodation may be paid under applicable LTC operational funding policies, in accordance with the terms of those policies. (4) The Funds shall be deposited into an account the Operator designates, provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Operator. Limitation on Payment of Funds. Despite section 4.1: c 4.2 (a) the Minister is not obligated to provide any Funds to the Operator unless the applicable conditions of funding set out in Schedule D are met; 4.3 Calculation of Amount of Funds. (a) The amount of Funds to be provided shall be calculated in accordance with s. 4.1 based on the Policy and (as applicable) on the FEC Form approved by the Minister pursuant to Schedule "F" until such time as the Operator provides the Minister with a Final Statement of Disbursements for the Project, in or substantially in the form set out in Schedule "G", and proof, where requested by the Minister and in a form satisfactory to the Minister, of the Eligible Project Costs in respect of the Project. (b) Final Statement of Disbursements. The Operator shall use reasonable efforts to provide the Minister with such Final Statement of Disbursements (together with any required proof of costs) as soon as possible after Occupancy, but in no event more than one year after the date of Occupancy (or such longer period as the Minister may consent to in writing). The Final Statement of Disbursements is subject to the approval of the Minister. The amount of the Development Grant may be adjusted by the Minister, as set out in s. 4.0.2 of the Policy: (i) based on such approved Final Statement of Disbursements, or (ii) in the sole and absolute determination of the Minister, if the Operator has not provided such Final Statement of Disbursements and proof, acceptable to the Minister, within the time period set out above, based on the Eligible Project Costs which the Minister believes are applicable to the Project. (c) Adjustments. In accordance with s. 4.0.2 of the Policy, if the final amount of the Development Grant payable to the Operator as determined ►4IN by the Minister under s. 4.3(b) is less than the amount the Minister previously provided to the Operator in accordance with s. 4.3(b), the Operator shall repay the difference in accordance with Article 15 . However, if the final amount of the Development Grant payable to the Operator is more than what was previously provided to the Operator, the Minister shall ensure that the Operator is paid the difference. 4.4 (1) Planning Grants for Non -Profit Homes. If the Operator is a non-profit home as defined in the Policy, the Minister shall provide an advance payment of the $250,000 grant referred to in the Policy to the Operator upon entering into this Agreement, on condition that the Grant shall be used by the Operator only for eligible expenses relating to planning for the development of the Beds, and on condition that no grant of this type has previously been provided to the Operator in respect of the development of the Home, or any other Long -Term Care Home at the same location, as determined by the Minister. The Operator acknowledges that it has already received the advance payment of $250,000 from the Minister for this Project. (2) For the purposes of subsection (1), expenses are eligible if they are expenses in planning for the development of the Beds that are substantiated to the satisfaction of the Minister in accordance with subsection (4), and are incurred for: (a) the retention of professional or consultant services, including an architect, engineer, project manager, or similar planning support; or (b) other services that are identified in writing by the Minister for this purpose. (3) Despite subsection (2) expenses are not eligible for the purposes of subsection (1) if they are: (a) incurred after the commencement of the Construction; or (b) incurred prior to the earlier of (i) the Effective Date, and (ii) the date that is one year prior to the date of the submission of the Application as set out in Schedule A. (4) For the purposes of subsection (3), expenses are deemed to be incurred on the date (or date range) when the services purchased are actually provided, as determined and substantiated to the satisfaction of the Minister. (5) The Operator shall account to the Minister for the use of the Planning Grant, through completing the applicable sections of the IEC and FEC Forms and the Final Statement of Disbursements, or through such other form as the Minister may direct. The Minister may require that the Operator submit a detailed list of the expenses that are being claimed as eligible expenses under subsection (1), and any other attestations, information, and documentation as the Minister deems necessary to assess the eligibility of the expenses. (6) If the Minister determines that the substantiated claimed eligible expenses in respect of the Planning Grant are less than the amount of the Grant, then the 228 Operator shall repay the surplus to the Minister in accordance with Article 15 upon the written request of the Minister. (7) In the event that this Agreement is terminated by either Party, or the licence(s) in respect of the Beds is transferred or expires before Total Completion of all the Beds, then the Minister may make a written request for the Operator to repay all or part of the Planning Grant and the Operator shall repay the amount requested by the Minister, in accordance with Article 15. 4.5 Funding, Not Procurement. For greater clarity, the Operator acknowledges that: (a) any Funds received from the Minister are to help the Operator to pay the costs of carrying out the Project, and the Operator is not providing goods or services to the Minister; (b) the Minister is not responsible for carrying out the Project, or for paying any amounts other than the Funds; and (c) the Funds are funding for the purposes of the PSSDA. ARTICLE 5 ACQUISITION OF GOODS OR SERVICES 5.1 Acquisition. If the Operator acquires goods, services, or both, for the purpose of carrying out the Project up to the time of Total Completion of all the Beds, it shall do so through a process that promotes the best value for money, and that complies with Applicable Law and Applicable Policy. 5.2 Construction Services and Work. The acquisition of services to carry out the Construction (including building material supplied under a construction services contract with a General Contractor or Subcontractor), shall be done in accordance with Schedule B. ARTICLE 6 CONFLICT OF INTEREST AND CONFIDENTIALITY 6.1 No Conflict of Interest. The Operator shall carry out the Project and use the Grant, (where applicable), without any actual, potential or perceived conflict of interest by the Operator or Operator's Personnel, subject to section 6.3. 6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances, as would be interpreted by a reasonable person, in which any of the Operator's Personnel, or any member of the immediate family of such a person, is able to materially benefit financially from the Project. For these purposes, "benefit financially" shall not include (a) the receipt or delivery of services provided to a person through the Operator in the ordinary course of business, and (b) where the Operator is a for -profit entity, as defined in s. 269 [3] of the Regulation, the general and financial benefits that result solely from profits derived from the Operator's operation of the Beds. ►4*:1 6.3 Disclosure to Minister. The Operator shall: (a) disclose to the Minister, without delay, details of any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) comply with any directions that the Minister may provide in order to avoid or appropriately manage the conflict of interest. 6.4 Duty of Confidentiality. During the Term and after the termination or expiry of this Agreement, the Operator shall, (and shall cause the Operator's Personnel to): (a) treat as confidential any document or information (whether oral, written, in computer readable format or otherwise) that the Minister or Ministry has indicated in writing is confidential, subject to the exceptions in section 6.5, or which is confidential under Applicable Law (the "Confidential Information"); (b) use or disclose Confidential Information only with the prior written consent of the Minister or as required for the performance of this Agreement or carrying out the Project (including for obtaining confidential professional advice or financial or audit services, including to a Lender and other financing sources in connection with arranging financing, where the recipient of the information (in case of disclosures) is legally obligated under Applicable Law or by a confidentiality agreement to maintain the confidentiality of the information); and (c) subject to (b), not directly or indirectly disclose to any person any Confidential Information, except where required to do otherwise by an order of the Information and Privacy Commissioner or a court. 6.5 Exceptions. Except as otherwise provided by Applicable Law, Confidential Information does not include information that, (a) is known to the public at the time such information is made available to the Operator other than through a breach of this Agreement, (b) becomes known to the public after the time such information is made available to the Operator other than through a breach of this Agreement; or (c) is required to be disclosed by the Operator by Applicable Law, but prior to such disclosure, and to the extent feasible, the Minister shall be consulted as to the proposed form and nature of the disclosure and the Operator shall cooperate with and assist the Minister if the Minister wishes to take reasonable action to challenge the requirement to disclose. 6.6 Exception. Subject to Article 9, the Minister agrees to treat as confidential all information provided to the Minister by the Operator pursuant to this Agreement that is explicitly marked "Confidential", so far as there is a reasonable basis for the confidentiality claim under Applicable Law, except where an order of the ►9191 Information and Privacy Commissioner or a court require the Minister to do otherwise. 6.7 Operator's Personnel. The Operator shall not disclose Confidential Information to any of the Operator's Personnel not having a need to know such information in connection with the performance of this Agreement, and the Operator shall ensure that it maintains custody or control of any record of Confidential Information that results from any such disclosure. 6.8 Return of Information. Following termination or expiry of this Agreement and at the request of the Minister, the Operator shall on the written direction of the Minister deliver forthwith to the Minister all records of Confidential Information within the custody or control of the Operator (not including any records that the Operator is required to retain under Applicable Law), or destroy such records and certify the destruction in the form required by the Minister. No copy or duplicate of any such record of Confidential Information shall be retained by the Operator without the prior written consent of the Minister. The Operator shall not destroy any such records of Confidential Information without the prior written consent of the Minister. 6.9 Privacy Compliance. The Operator is solely responsible for compliance with any applicable privacy law, including the Personal Health Information Protection Act, 2004. 6.10 Operator's Personnel. The Operator shall make all reasonable efforts to ensure that the Operator's Personnel do not violate this Article 6. Such efforts shall include, but shall not be limited to, bringing the prohibitions under this Article to the attention of all such Personnel. 6.11 Breach. A breach of this Article by the Operator or the Operator's Personnel shall entitle the Minister to terminate this Agreement, in accordance with section 14.1 (1) (Termination by Minister) in addition to any other remedies that the Minister has in this Agreement, at law or in equity. 6.12 Liability. In addition to any other liabilities the Operator may have under this Agreement, the Operator shall be liable for all damages (including incidental, indirect and consequential damages), costs, expenses, losses, claims or actions arising from any non-compliance by the Operator's Personnel with this Article. ARTICLE 7 REPORTING, ACCOUNTING AND REVIEW 7.1 Preparation and Submission. The Operator shall: (a) submit to the Minister at the address provided in section 16.1, a Construction Progress Report prepared by the Operator's Architect and/or Construction Manager, for the Project, which report shall indicate the progress on the Project to the date of such report, and shall be prepared and submitted in accordance with the timelines, form and content requirements specified by the Minister; 095 (b) submit to the Minister at the address provided in section 16.1, any other Reports as may be requested by the Minister in accordance with the timelines, form and content requirements specified by the Minister; (c) ensure that all Reports submitted to the Minister by or on behalf of the Operator are completed to the satisfaction of the Minister; and (d) ensure that all Reports submitted to the Minister by or on behalf of the Operator are signed on behalf of the Operator by (an) authorized signing officer(s) of the Operator. 7.2 Record Maintenance. The Operator shall keep and maintain, for a period of ten years from their creation, and in accordance with Applicable Law and Applicable Policy: (a) all financial records (including invoices and evidence of payment) relating in whole or in part to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles, or any comparable accounting standards that apply to the Operator; and (b) all non -financial documents and records relating in whole or in part to the Funds or otherwise to the Project. 7.3 Review. The Minister (including, for the purposes of the remainder of this Article, the Minister's authorized representative(s) or any auditor identified by the Minister) may, at the Minister's expense, upon twenty-four hours' Notice to the Operator and during normal business hours, enter upon the Operator's premises to review the economy, effectiveness and efficiency of the Project and/or the Operator's conduct of the Project (including the Operator's operations related to the Project), any Project -related records, the truth of any of the Operator's representations, warranties and submissions (including any submissions regarding expenditures related to the Project), and for these purposes the Minister may take one or both of the following actions: (a) inspect and copy the records and documents referred to in section 7.2; and (b) remove any copies made pursuant to section 7.3 (a) from the Operator's premises. 7.4 Disclosure. To assist the Minister in respect of exercising any of its rights under section 7.3, the Operator shall disclose any information requested by the Minister, in the form requested by the Minister, and shall (a) ensure that the Minister has access to records and documents wherever they are located; (b) assist the Minister to copy records and documents; ►9YA (c) provide to the Minister, in the form the Minister specifies, any information the Minister identifies, (d) ensure that staff and contractors of the Operator will, upon reasonable request, be available for consultation with the Minister, and (e) carry out any other activities the Minister requests. 7.5 No Control of Records. No provision of the Agreement shall be construed so as to give the Minister any control whatsoever over any of the Operator's records. 7.6 Auditor General. The Minister's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). ARTICLE 8 COMMUNICATIONS REQUIREMENTS 8.1 Acknowledge Support. Unless the Minister directs the Operator to do otherwise, the Operator will in each of its Project -related publications, whether written, oral, or visual, (a) acknowledge the support of the Minister in a form and manner as directed by the Minister, and (b) indicate that the views expressed in the publication are the views of the Operator and do not necessarily reflect those of the Minister. 8.2 Publicity. The Operator shall notify the Minister in advance of any proposed publicity or publications by or on behalf of the Operator relating to this Agreement or the development of the Beds (including press releases and press conferences but excluding brochures, pamphlets, books or other marketing materials intended to promote or advertise the Beds and the Home), where feasible, and shall use reasonable efforts to make such changes thereto reasonably requested by the Minister. 8.3 Signage. The Operator shall comply with the signage requirement set out in Schedule "I" ARTICLE 9 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 9.1 FIPPA. The Operator acknowledges that the Minister is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Minister in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 233 ARTICLE 10 INDEMNITY 10.1 Indemnification. The Operator 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. ARTICLE 11 INSURANCE 11.1 Operator's Insurance. The Operator 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 two million dollars ($2,000,000) per occurrence. The policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Operator'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. 11.2 Construction Insurance. The Operator shall, at its own expense, maintain, or cause to be maintained, in full force and effect from the time of the commencement of the Construction with financially sound and reputable insurance companies, at least the following: (a) Builder's Risk property insurance for the full Replacement value of the complete Project, including earthquake and flood and testing and commissioning, with a reasonable deductible per loss, for which the Operator shall be solely responsible, and including the following endorsements: Replacement Cost Value, stated amount co-insurance and waiver of subrogation; (b) General (Wrap Up) Liability insurance, providing coverage with a limit of not less than Five Million Dollars ($5,000,000.00) for each occurrence of a claim of bodily injury (including personal injury), death or property damage, including loss of use thereof, that may arise directly or indirectly from the acts or omissions of the Operator or the Operator's Personnel, 234 and including at least the following policy endorsements: the Indemnified Parties as Additional Insureds, Cross Liability, Blanket Contractual Liability, Products and Completed Operations, Contingent Employers Liability, and thirty (30) day written notice of cancellation subject to the requirement that coverage of completed operations liability shall be maintained without cancellation for two (2) years from the date of Occupancy (and where the Construction is permitted to be carried out in phases under this Agreement, the relevant date of Occupancy for the purpose of this provision shall be the Occupancy date for the Beds constructed in the final phase of the Construction); and (c) Environmental/Pollution Liability insurance, providing coverage for Third Party bodily injury and property damage resulting from an environmental incident, in the amount of not less than Five Million Dollars ($5,000,000.00) per occurrence (per accident or incident or claim) and including at least the following policy endorsements: the Indemnified Parties as Additional Insureds. 11.3 Other Insurance Requirements. To the extent that any Applicable Law, Applicable Policy, the nature of the Operator's business or any other factor requires the Operator to maintain any particular type of insurance (in addition to the insurance expressly required by this Agreement) with respect to the Site, the Home, or any contents thereof, the Operator shall comply with all such requirements. Furthermore, the Operator shall take reasonable measures to ensure that professionals providing advice or services to the Project maintain in full force and effect during the Term of this Agreement with financially sound and reputable insurance companies Professional Errors & Omissions Liability Insurance, insuring liability for errors and omissions in the performance or failure to perform services contemplated in connection with the Project, in an amount of not less than Two Million Dollars ($2,000,000) per claim. 11.4 Proof of Insurance. The Operator shall submit to the Ministry certificates of insurance or other proof of the insurance coverage and a Certificate of Good Standing under the Workplace Safety and Insurance Act (Ontario). In the event of a Proceeding being initiated, and/or upon the Minister's request, the Operator will provide to the Minister a copy of any of the Operator's insurance policies that relate to the Project or otherwise to the Agreement. ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination by Operator. Subject to Applicable Law, the Operator may terminate this Agreement at any time, without reason, upon sixty (60) days prior written notice to the Minister. 12.2 Consequences of Termination. If the Operator terminates the Agreement pursuant to section 12.1, or the Minister terminates the Agreement under Article 14, then the effective date of the termination shall be the last day of the required notice period, if any, and if there is no required notice period, the effective date of the termination shall be immediately upon the delivery of the notice of termination 0911 to the Operator (or where the Minister terminates the Agreement, such later date as expressly stated in writing by the Minister). In the event of any such termination of this Agreement: (a) the Operator shall have no further entitlement under this Agreement to develop the Beds, and there shall be no obligation on the Minister to provide to the Operator any Funds in accordance with the Policy; (b) the Minister may demand that the Operator repay any Funds (other than the CFS) that it has received under the Agreement, subject to s. 4.1 of the Policy; and (c) all rights and obligations of the Operator and the Minister under this Agreement shall cease (including any obligation on the Minister to provide to the Operator any Funds in accordance with the Policy), subject to Article 30 (Survival). ARTICLE 13 [DELETED] ARTICLE 14 TERMINATION BY MINISTER FOR DEFAULT 14.1 (1) Termination by Minister. The Minister, without liability, cost or penalty, may, in the Minister's sole and absolute determination and without prejudice to any other rights or remedies of the Minister under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Operator if any of the following events or conditions have occurred or exist: (a) subject to section 14.1 (2) (Cure Period), the Minister is of the opinion that there has been a material breach by the Operator of any term, warranty, representation, condition, covenant or other provision of this Agreement or, subject to section 29.1 (Conflicts Between Contract Documents), the Project Documents; (b) subject to section 14.2 (Force Majeure) and clause (d) below, an actual occurrence or condition is reasonably expected to cause a delay in meeting the deadlines set forth in the Project Schedule or stipulated in writing by the Minister under this Agreement for submission of any of the Project Documents by more than 90 days; (c) subject to section 14.2 (Force Majeure), and clause (d) below, a deadline for Total Completion set out in the Project Schedule is not met or is not reasonably expected to be met; (d) an event of Force Majeure prevents or delays performance by the Operator of a material obligation for more than 270 days, as contemplated in section 14.2 (Force Majeure); ►911 (e) the Operator is adjudged bankrupt or is insolvent according to the provisions of the Bankruptcy and Insolvency Act (Canada) and the regulations made thereunder, or any bankruptcy, reorganization, arrangement, insolvency, liquidation or winding up proceedings or any other proceedings for the benefit of creditors generally are instituted by or against the Operator (including an assignment, proposal, compromise or arrangement for the benefit of creditors); (f) a receiver, a receiver and manager, trustee or other official with similar powers is appointed for the Operator or all or a substantial part of the property of the Operator, or the Operator files for the appointment of any such official, prior to Occupancy, provided that at the time the Minister notifies the Operator of the termination under this clause, such official (or a replacement thereof) has not sold, assigned or transferred the property of the Operator with the consent of the Minister to another person who will assume the obligations of the Operator under this Agreement; (g) the indebtedness of the Operator under any financing arrangements for the Project has been declared due and payable by the creditor(s) thereunder, where such financing has not been replaced by comparable financing arrangements approved by the Minister, prior to the date or dates on which such indebtedness would otherwise have been due thereunder; (h) the financing arrangements made by the Operator for the Project are cancelled or no longer available to the Operator, other than in the event contemplated in clause (f) above, and have not been replaced by comparable financing arrangements approved by the Minister; (i) the Operator attempts to execute a bulk sale of its property, except with the prior written consent of the Minister, which consent shall not be unreasonably withheld; or (j) the Operator ceases, or notifies the Minister of its intention to cease, carrying on business as presently carried on by it or any steps are taken to dissolve the Operator or the Operator is not, or ceases to be, qualified under Applicable Law to operate the Home. (2) Cure Period. In the event that the Minister is of the opinion that there has been a material breach by the Operator of any term, warranty, representation, condition, covenant or other provision of this Agreement and such breach is not remedied within 45 days (the "Cure Period") after the Operator receives from the Minister written notice of such breach setting out the particulars thereof, then, in any such event, in addition to the Minister's other rights and remedies under this Agreement or at law or in equity, the Minister shall have the right to terminate this Agreement immediately upon giving notice of termination to the Operator to that effect at the end of the Cure Period, provided, however, that if such breach is of such a nature that it cannot be completely cured or remedied within the Cure Period, or the Operator is not proceeding in a manner satisfactory to the Minister, the Minister shall have the right to extend the notice period or to terminate this Agreement immediately upon giving notice of termination to the Operator prior to ►9YJ the end of the Cure Period. This provision applies only to terminations pursuant to section 14.1 (1)(a). (3) The Minister's power to terminate this Agreement under section 14.1 shall not be exercised after an assignment of this Agreement permitted under s. 21.2(d) is implemented in accordance with s. 21.2 (e) and (f) unless the Minister is of the opinion, acting reasonably, that the Lender (as defined in s. 21.2(c)) is not appropriately and effectively pursuing, to the extent permitted by law, the Lender's enforcement rights and remedies under the Loan documents. (4) Remedial Action. Where any of the events or conditions set out in section 14.1 (1) occurs, the Minister may, at any time, initiate any action the Minister considers necessary in order to facilitate the successful continuation or completion of the Project. Where the Minister initiates any action under this section, it shall be without prejudice to the Minister's right to terminate this Agreement as the Minister deems appropriate in accordance with this Agreement. 14.2 Force Majeure. If, as a result of an event of Force Majeure (as defined below), the Operator fails to perform or comply with any of its obligations under this Agreement, such failure shall not constitute a default or breach of this Agreement. Dates and times by which the Operator is required to render performance under this Agreement shall be postponed automatically to the extent and for the period of time that the Operator is prevented from meeting them by causes beyond its control which are not avoidable by the exercise of reasonable foresight. Such causes (each such cause, an event of "Force Majeure") shall include, but not be limited to, acts of God, acts of war, riots, epidemics, fire, strikes, labour disruptions or lock outs and delays or difficulties (other than such as are caused by the actions or omissions of the Operator) in obtaining zoning which permits the Site to be used for a Long -Term Care Home of the type that the Home is proposed to be. The Operator must, however, notify the Minister immediately, in writing and in detail of the commencement and nature of such event of Force Majeure and the probable consequences thereof. The Operator must use its reasonable efforts to perform its obligations under this Agreement and to overcome or minimize the effects of such event of Force Majeure (including rearranging and rescheduling the work on the Project so as to minimize the ultimate delay in completion of the Project) in a timely manner utilizing to such end all resources reasonably required in the circumstances, including obtaining supplies or services from other sources if the same are reasonably available. Notwithstanding the foregoing, if performance of a material obligation is prevented or delayed for more than 270 days by reason of an event of Force Majeure, the Minister may on notice treat the delay as a material breach of a term of this Agreement and may terminate this Agreement in accordance with section 14.1 (Termination by Minister). ARTICLE 15 REPAYMENT 15.1 Debt Due. If pursuant to the Agreement the Minister demands the repayment of any amount of the Funds from the Operator, such amount shall be deemed to be a debt due and owing to the Minister by the Operator, and the Operator shall pay 238 or return the amount to the Minister immediately, unless the Minister directs otherwise. 15.2 Interest Rate. The Minister may charge the Operator interest on any money owing by the Operator at the then current interest rate charged by the Ontario Minister of Finance on accounts receivable. 15.3 Payment of Money to Minister. The Operator shall pay any money owing to the Minister by cheque payable to the "Ontario Minister of Finance" and delivered to the Minister at the address provided in section 16.1. 15.4 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Operator fails to pay any amount owing to the Minister under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Operator by Her Majesty the Queen in right of Ontario. ARTICLE 16 NOTICE 16.1 Notice in Writing and Addressed. Notice shall be in writing and shall be delivered by postage -prepaid mail, personal delivery, courier or email (consisting of a scanned, duly signed document, sent by attachment to an email, and acknowledged by email by the receiving Party), and shall be addressed to the Minister and the Operator respectively as set out below, or as either Party later designates to the other by Notice: To the Minister: Ministry of Long -Term Care 438 University Ave. 8tn Floor Toronto, ON M5G 2K8 Attention: Assistant Deputy Minister Long -Term Care Capital Development Division Email: LTC evelo meat ontario.ca To the Operator: Corporation of the County of Elgin 475 Talbot St. E. Aylmer ON N5H 3A5 Attention: Michele Harris Director of Homes and Seniors Services Email: m arrisp_el in.ca 16.2 Notice Given. Notice shall be deemed to have been given: (a) in the case of postage -prepaid mail, seven days after a Party mails the Notice; ►91*1 (b) in the case of personal delivery, or delivery by courier, at the time the other Party receives the Notice; or (c) in the case of email delivery, at the time the other Party acknowledges receiving the Notice. 16.3 Postal Disruption. Despite section 16.2 (a), in the event of a postal disruption: (a) Notice by postage -prepaid mail shall not be deemed to be given; and (b) the Party giving Notice shall provide Notice by personal delivery, by courier or by email. 16.4 Notice on Non -Business Day. Despite section 16.2, if either Party gives a Notice on a non -Business Day, or after 5 p.m. on a Business Day, the Notice shall be deemed to have been given on the next Business Day after the day determined under s. 16.2. ARTICLE 17 CONSENT OR APPROVAL BY MINISTER AND COMPLIANCE BY OPERATOR 17.1 Consent. When the Minister provides its consent or approval pursuant to the Agreement, the Minister will do so in writing and may impose any terms and conditions on such consent or approval, and the Operator may rely on the consent or approval only if in doing so it complies with all such terms and conditions (if any). ARTICLE 18 SEVERABILITY OF PROVISIONS 18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. ARTICLE 19 WAIVER 19.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. 19.2 Waiver Applies. If in response to a request made pursuant to section 19.1 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. ►091 ARTICLE 20 INDEPENDENT PARTIES 20.1 Parties Independent. The Parties acknowledge that neither is an agent, joint venturer, partner or employee of the other, and neither shall 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. ARTICLE 21 ASSIGNMENT OF AGREEMENT OR FUNDS 21.1 Heirs and Successors, etc. Subject to Applicable Law, all rights and obligations contained in the Agreement shall extend to and be binding on the Parties' respective heirs, executors, administrators, successors, and permitted assigns. 21.2 Assignment and Lender Provisions. (a) The Operator shall not assign, transfer, or pledge, directly or indirectly, any of its rights or obligations under this Agreement without the prior written consent of the Minister. Such consent of the Minister may be withheld by the Minister, in the Minister's sole and absolute determination. (b) A consent under section 21.2 (a) shall be conditional upon the assignee, transferee or pledgee, as the case may be, before the assignment takes effect, executing an agreement, in form and substance satisfactory to the Minister, and the LHIN where applicable, whereby such assignee, transferee or pledgee, as the case may be, assumes all obligations and liabilities of the Operator hereunder and/or under the Service Accountability Agreement (if any) in effect at the time of such assignment, transfer or pledge, as the case may be, and agrees to comply with such other terms and conditions as the Minister and the LHIN (where applicable) may require. (c) In this section, "Lender" refers to a person that lends the Operator funds for the purpose of allowing the Operator to finance or refinance the Project and/or the operation of the Home, and the lawful successors and assigns of that person, (including by way of syndication), and "Loan" refers to a loan or loan facility extended by a Lender to the Operator for such a purpose. (c.1) Where the Operator has entered into a Loan with a Lender, then upon the Minister and the Operator entering into any amendment of this Agreement, the Operator shall promptly inform the Lender of the amendment and provide the Lender with a copy of the amendment. (d) Notwithstanding (a), the Minister hereby consents to the assignment by the Operator of this Agreement and the Funds to the Lender (the "Collateral Assignment"), a receiver appointed by a Lender or by a court of competent jurisdiction in respect of the Operator (a "Receiver"), or a person designated by a Lender or Receiver (each person to whom this Agreement is assigned on implementation of this assignment being an "Assignee") and confirms that no further or additional consent is required from the Minister or the LHIN for the Collateral Assignment unless a Lender exercises its rights and remedies under the Loan and seeks to implement the Collateral Assignment, provided that such implementation may only be done at the time the Lender is entitled in accordance with the Loan agreement(s) with the Operator to implement the Collateral Assignment, and provided that the Collateral Assignment and its implementation meet the following conditions: (i) the Collateral Assignment shall have been taken solely for the purpose of securing payment of, or enforcing or realizing upon a security interest with respect to, the Loan; (ii) the Lender provides concurrent notice to the Minister, together with the Operator and any guarantor of the Loan, of any alleged breach or default with respect to the Loan, of the Loan's becoming due and payable prior to the time when the Loan would otherwise have become payable, of any demand for payment under the Loan by the Lender to the Operator or any guarantor of the Loan, and of any steps to be taken by the Lender to enforce any of its rights with respect to the Loan, which notice shall be provided to the Minister before any Collateral Assignment under this section is implemented (and the Operator hereby consents to the Lender providing this notice as circumstances warrant); (iii) before being entitled to operate any Long -Term Care Home Beds at the Home, directly or indirectly, the Assignee or other party who is proposed to operate the Home complies with all applicable licensing and approval requirements under Applicable Law (including, where applicable, sections 107 and 110 of the Act and the related provisions of the Regulation); (iv) where there is a Service Accountability Agreement between the Operator and the LHIN, in effect with respect to the Home, the LHIN consents to the assignment of the Service Accountability Agreement, or issuance of a substantially similar replacement Service Accountability Agreement, to the Assignee, where that is required for the Assignee to operate, directly or indirectly, the Long -Term Care Home Beds in the Home; (v) before implementing the Collateral Assignment, the Lender shall have provided to the Minister documents evidencing the terms and conditions of the Loan and the Collateral Assignment, and demonstrated to the satisfaction of the Minister that the Operator has consented (typically by way of an assignment agreement entered into before the Loan was advanced) to the Lender or Receiver implementing the Collateral Assignment as proposed; and (vi) before the Lender, a Receiver or a person designated by the Lender assigns this Agreement to any other person who is not a "Lender" under section 21.2(c) above, the written consent of the ► PAI Minister, which shall not be unreasonably withheld, and which may be subject to conditions similar to the conditions set out in this section 21.2, shall be obtained. (e) Before the Collateral Assignment may be implemented, the Assignee shall execute an agreement, in form and substance satisfactory to the Minister, and the LHIN where applicable, whereby the Assignee assumes all obligations and liabilities of the Operator hereunder and under the Service Accountability Agreement (if any) in effect at the time of the implementation of the Collateral Assignment, or under a substantially similar replacement Service Accountability Agreement, and agrees to comply with such other terms and conditions as the Minister and the LHIN (where applicable) may reasonably require for the purpose of implementing the Collateral Assignment in accordance with Applicable Law and applicable Ministry policy. (f) An agreement under section 21.2 (e) shall also provide that from the time the Collateral Assignment takes effect: the Assignee shall not be liable for any act or omission of the Operator, provided, however, that the Lender shall be required to remedy any curable breach or default by the Operator, under this Agreement; (ii) the Assignee shall not be subject to any set -offs or defences that the Minister might have against the Operator; (iii) the Assignee shall, subject to the limitations and requirements set out in this Agreement and Applicable Law, be entitled to the benefit of this Agreement and to exercise and enjoy all rights of the Operator hereunder; (iv) the Assignee may, but is not obligated, except as provided in section 21.2 (f)(i) hereof, to cure any breach or default by the Operator under the Agreement during the cure period (if any) available to the Operator hereunder (and for greater certainty, the cure period available to the Assignee to cure such breach or default shall be commensurate with the cure period available to the Operator in respect thereof under the Agreement), and shall commence on the later of the date that notice was provided by the Minister to the Operator under section 14.1(2) and the date that the notice referred to in section 21.2 (g.1), where applicable, is deemed to be received by the Lender; (v) despite anything in this Agreement to the contrary, the Minister shall not terminate this Agreement pursuant to section 14.1(1) if in the opinion of the Minister, acting reasonably, the Lender is appropriately and effectively pursuing, to the extent permitted by law, the Lender's enforcement rights and remedies under the Loan documents; and 243 (vi) each party to the agreement under this section 21.2 (f) agrees that it will execute, do or cause to be done, executed and delivered all such further acts, documents and things as may be reasonably requested by any other party, or the Lender, for purposes of giving effect to this section 21.1. (g) Where a Collateral Assignment under section 21.2 (d) is implemented in accordance with this section 21.2, and the LHIN is a party to the Service Accountability Agreement, the Minister agrees to request, and if necessary to make best efforts to require, the LHIN to consent to the assignment to the Assignee of the Service Accountability Agreement, or issuance of a substantially similar replacement Service Accountability Agreement, where applicable, subject to terms and conditions similar to those set out in this section 21.2 with necessary changes. (g.1) Where the Operator and Lender have provided joint written notice to the Minister that the Lender has extended a Loan to the Operator for the purpose of allowing the Operator to finance or refinance the Project, and that the Operator has given a Collateral Assignment to the Lender by way of security for the Loan, then the Minister shall provide to the Lender a copy of any Notice provided thereafter by the Minister to the Operator pursuant to Article 14 at the same time the Notice is provided by the Minister to the Operator. (h) For greater certainty, the Minister's consent under this section 21.2 does not: (i) obligate the Minister or any statutory officer to issue or renew, or undertake to issue or renew, any licence or approval to operate Long Term Care Home Beds, or any approval to enter into a management contract or exercise a security interest, or any other licence, consent or approval required by Applicable Law, (ii) constitute a consent by the LHIN or obligate the LHIN to provide any consent, or (iii) have the effect of waiving any requirement under Applicable Law. (i) The Operator hereby acknowledges and agrees that no assignment under this section 21.2 shall release the Operator from any obligation or liability for any act or omission of the Operator pursuant to or in connection with the Agreement, and that the Operator shall continue to be subject to any set -offs or defences that the Minister or LHIN might have against the Operator. (j) Where the Operator has agreed with a Lender to assign this Agreement and assign or issue a substantially similar replacement Service Accountability Agreement (where applicable), which assignment is exercisable by the Lender as part of a security interest, on the occurrence of an event of default in respect of a Loan, then the Operator consents that on the occurrence of such an event of default, (i) the Lender may, in accordance with and subject to the terms of any applicable loan or security agreements between the Operator and 244 the Lender, acquire control over the operations of the Home by way of exercising its security interest, and rights under this section 21.2, subject to meeting the requirements under Applicable Law, including section 107 and 110 of the Act, and the related provisions of the Regulation, and (ii) where the Lender acquires such control, all funding with respect to the Home will be provided to the Lender subject to and in accordance with section 107(2) of the Act, as though the Lender were acting as licensee of the Home. (k) The Minister and the Operator acknowledge and agree that a Lender may rely on and enforce the terms of this section 21.2, as if it were party to this Agreement. It is the Minister's intention, subject to the terms of this Agreement and Applicable Law, to work cooperatively with the LHIN and any Lender, in case of a Collateral Assignment being implemented under section 21.2 (d), to facilitate the orderly transition of this Agreement to the Assignee and/or a qualified purchaser. (1) For greater certainty, the Operator may retain contractors and subcontractors for any and all aspects of the Construction (subject to the requirements set out in this Agreement) but the Operator shall at all times be held fully responsible for the acts and omissions of all of such contractors and subcontractors and their respective shareholders, directors, officers, employees, agents or other representatives, successors and assigns. ARTICLE 22 GOVERNING LAW 22.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any Proceeding shall be conducted in the courts of Ontario, which shall have exclusive jurisdiction over such Proceeding. ARTICLE 23 FURTHER ASSURANCES 23.1 Agreement into Effect. The Operator shall provide such further assurances as the Minister may request from time to time with respect to any matter to which the Agreement pertains, and shall otherwise 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. ARTICLE 24 JOINT AND SEVERAL LIABILITY 24.1 Joint and Several Liability. Where the Operator is comprised of more than one ►z,N entity, all such entities shall be jointly and severally liable to the Minister for the fulfillment of the obligations of the Operator under the Agreement. For greater certainty, this provision does not impose any liability on the limited partners of a limited partnership, where the Operator is a limited partnership or is a general partner acting on behalf of a limited partnership. ARTICLE 25 RIGHTS AND REMEDIES CUMULATIVE 25.1 Rights and Remedies Cumulative. The rights and remedies of each Party 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. ARTICLE 26 ACKNOWLEDGMENT OF AGREEMENT 26.1 The Operator: (a) acknowledges that it has read and understands the provisions contained in the entire Agreement; and (b) agrees to be bound by the terms and conditions contained in the entire Agreement. ARTICLE 27 ACKNOWLEDGEMENT OF OTHER LEGISLATION 27.1 Operator Acknowledges. The Operator acknowledges that by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the PSSDA and the Auditor General Act (Ontario). ARTICLE 28 SCHEDULES 28.1 Schedules. The following schedules form part of the Agreement: (a) Schedule "A" - Application; (b) Schedule "B" — Project Requirements; (c) Schedule "C" — Construction Funding Subsidy Policy for Long -Term Care Homes, 2019; (d) Schedule "D" — Conditions of Funding; (e) Schedule "E" - Project Schedule; ►zsy (f) Schedule "F" - Initial Estimate of Costs (IEC) Form and Final Estimate of Costs (FEC) Form; (g) Schedule "G" - Final Statement of Disbursements; (h) Schedule "H" - Liens; and (i) Schedule "I" — Signage Requirements ARTICLE 29 CONFLICTS 29.1 Conflicts. In the event that there are any conflicts between the terms of (a) Applicable Law; (b) this Agreement, except for the Schedules; (c) the Project Schedule; (d) Schedules to this Agreement, except Schedules "A" and "E"; (e) the Design Manual; (f) the Project Documents approved by the Minister; and (g) the Application the terms of the law or document that is higher on this list takes precedence. ARTICLE 30 SURVIVAL 30.1 Survival. (1) The obligations set out in section 11.2 (b), and section 11.4 as applicable, shall continue in full force and effect until two (2) years from the date of Occupancy (and where the Construction is permitted to be carried out in phases under this Agreement, the relevant date of Occupancy for the purpose of this provision shall be the Occupancy date for the Beds constructed in the final phase of the Construction). (2) The following Articles and sections, and all applicable cross-referenced sections and schedules, shall continue in full force and effect for a period of seven (7) years from the date of expiry or termination of the Agreement: Article 2 (Representations, Warranties and Covenants) except for section 2.3 (Governance) and section 2.6 (Environmental Matters), section 4.4 (Planning Grant for Non -Profit Homes), sections 6.4 to 6.12 (Confidentiality), section 7.1 (to the extent that the Operator has not provided the Reports to the satisfaction of the Minister), sections 7.2 to 7.6 (Records), Article 9 (FIPPA), Article 10 (Indemnity), section 12.2 (Consequences of Termination), Article 15 ► IN (Repayment), Article16 (Notice), Article 17 (Minister's Consent/Approval), Article 18 (Severability), Article 22 (Governing Law) , Article 24 (Joint Liability), Article 25 (Rights Cumulative), Articles 26 and 27 (Acknowledgements), Article 28 (Schedules), Article 29 (Conflicts) and Article 30 (Survival). (3) The obligations set out in sections 2.1, 2.3, and 2.5, Article 4, section 1(3)-(8) and the final sentence of section 3 of Schedule D (Service Accountability Agreement), and section 21.2 (c) to (k) (Assignment) of this Agreement shall survive the expiry of this Agreement, and shall bind the Parties and their successors and assigns, for a period of 30 years from Occupancy. (4) The obligations set out in section 4 (a) of Schedule B and section 1 (3) of Schedule D (Operation of Beds) shall survive the expiry of this Agreement and shall bind the Parties and their successors and assigns indefinitely. (5) With respect to any obligations that survive, Article 1 and any other applicable definitions and interpretive or ancillary provisions continue to apply as the context requires. ARTICLE 31 COUNTERPARTS 31.1 Counterparts. The Agreement (and any amending agreements made hereafter) may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ARTICLE 32 ENTIRE AGREEMENT 32.1 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. This Agreement entirely supersedes and replaces the Development Agreement dated February 12, 2020, between the Parties. 32.2 Modification of Agreement. Subject to s. 32.3, the Agreement may only be amended by a written agreement duly executed by the Parties. 32.3 Modification of Dates in Project Schedule. Where the Operator requests in writing (by way of a letter signed by (a) person(s) who indicate there in writing that they have authority to bind the Operator) that the Minister agree to change one or more of the dates in the Project Schedule, (without making any other changes to the Agreement) then where the Minister agrees in writing to the requested change(s), the Agreement shall be deemed to be amended to include the agreed upon changes to the dates set out in the Project Schedule, effective as of the date of the Minister's agreement, and the Minister may provide an updated Project Schedule that contains the agreed changes. 248 ARTICLE 33 TIMING 33.1 Time of the Essence. Time shall be of the essence of this Agreement in all respects. 33.2 Approvals. With respect to any matter which is subject to the approval or consent of the Minister pursuant to this Agreement, unless a time period for providing such approval or consent is expressly provided hereunder, the Minister shall use reasonable efforts to notify the Operator as to whether or not the Minister approves of or consents to such matter in a prompt and timely manner. The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Long -Term Care Hon. Paul Calandra Date Minister of Long -Term Care (Pursuant to statutory authority) Corporation of the County of Elgin Mary French Date Warden Julie Gonyou Date Chief Administrative Officer I/We have authority to bind the Operator. ► R] SCHEDULE "A" APPLICATION The Application is the Operator's application submitted to the Ministry on or about October 2, 2015, in response to the Application Guidelines, together with: (a) any and all written clarifications of such Application provided by the Operator to the Minister, and accepted in writing by the Minister, prior to the date of the Minister's letter approving the Application; and (b) any and all revisions to such Application agreed in writing between the Operator and the Minister, including revisions to the number of Beds. ►41.191 SCHEDULE "B" PROJECT REQUIREMENTS Development of Beds. The Operator shall develop 100 Beds at 49462 Talbot Line, Aylmer in accordance with the Design Manual and the terms and conditions set forth in this Agreement, the Application, and the Project Documents as approved by the Minister. For the purposes of the Policy, the Market Segment of the Project is: rural. For the purposes of the Policy, the home size associated with the Project is: medium home. 2. Site. (a) Approval of Site. The site on which the Beds shall be developed in Aylmer, Ontario (the "Site") shall be subject to the approval of the Minister, unless the Site was fully and specifically identified as part of the Application. (b) Building on Site. The Operator shall develop the Beds on the Site. (c) Zoning. The zoning of the Site shall, from and at all times after commencement of the Construction, permit the Site to be used for a Long -Term Care Home of the type that the Home is proposed to be. 3. Construction. (a) In order to develop the Beds, the Operator shall cause the renovation of the building currently existing on the Site and cause an addition to be constructed on or to the building currently existing on the Site (the "Construction"). The Construction shall be carried out in accordance with the Design Manual and the Project Documents as approved by the Minister. Except to the extent that the Minister specifies otherwise in writing, the Operator shall not commence the Construction unless and until it has obtained any necessary permits, including building permits, required by Applicable Law and has submitted a copy of such permit(s) to the Ministry. In order to develop the Beds, the Operator shall, i. as Phase 1, cause an addition totalling 64 beds to be constructed on or to the building currently existing on the Site and will connect existing North and South residential wings on the 1st and 2nd floors ii. as Phase 2, cause the renovation within the existing building of 18 beds in the existing north residential wing and complete renovation of the main kitchen; and ►4..s iii. as Phase 3, cause the renovation within the existing building of 18 beds located in the existing south residential wing and the completion (to all applicable standards) of the 18 beds in the north residential wing for a total of 36 beds; (with the foregoing being referred to collectively as the "Construction"). 4. Compliance. (a) General. All aspects of the Construction shall be carried out in accordance with, and the Home, once completed, shall comply with, all Applicable Law (including the Construction Act (Ontario), all Environmental Laws, the Ontario Building Code and the Ontario Fire Code), the Design Manual, the Project Documents, the Application, and this Agreement; provided that in the event that there are any conflicts between any of the foregoing, they shall be resolved in accordance with section 29.1 of this Agreement. Notwithstanding the foregoing (in order to facilitate the accommodation of residents during the construction of Phase 3) the Minister acknowledges and agrees that the beds developed in Phase 2 will not fully meet Design Manual standards for residents occupying those beds until the completion of Phase 3, and that that limited non-compliance with the Design Manual is acceptable to the Minister under the terms of this Agreement, provided that the beds developed in Phase 2 must meet all other applicable requirements upon completion of Phase 2. (b) Occupational Health and Safety. Without limiting the generality of section 4 (a), the Operator shall be responsible for ensuring that the Construction is completed in compliance with all Applicable Law relating to health and safety (including the Occupational Health and Safety Act (Ontario) (the "OHSA")). The Operator shall ensure that the General Contractor for the Construction or a Construction Manager under a stipulated sum option under section 10 (as applicable) acts and carries out the responsibilities as "constructor' in accordance with the OHSA, as same may be modified by the chosen form of construction contract, subject to Applicable Law. (c) Inspection During Construction. The Minister shall be entitled, without notice to the Operator, General Contractor or Construction Manager, at any time and from time to time on any Business Day before the Project has been completed, to enter upon the Site and inspect the Site, the Home and the progress of the Project; provided that the Minister shall not unduly interfere with or cause the delay of the Construction during the course of such an inspection. 5. Changes to Project. The Operator shall submit to the Minister a copy of any proposed change order prior to implementing the change contemplated thereby if such change: (a) affects the Construction Plans in any material respect; ►WA (b) once implemented, would materially increase or decrease the total cost of the Project set out in the FEC Form approved for the Construction (or, if an FEC form has not yet been approved, the most recent IEC form submitted to the Minister by the Operator); or (c) once implemented, would render it difficult for the Operator to meet the timelines set out in the Project Schedule. The Operator shall not implement any such change order without the prior written approval of the Minister. In the event that the Minister does not consent to the proposed changes, the Operator shall continue with the Project in the manner contemplated in the Project Documents as approved by the Minister. Notwithstanding the foregoing, the Operator need not obtain the approval of the Minister for a change order, if: (d) the change contemplated by such change order will not cause any delay in meeting the deadlines set forth in the Project Schedule; (e) the change contemplated by such change order will not result in any non- compliance of the Project with the Design Manual, the Project Documents or any Applicable Law; and (f) the Operator demonstrates to the satisfaction of the Minister that the Eligible Projects Costs for the Project without such change would have exceeded an amount which would result in the maximum amount of the Development Grant being paid in respect of the Project, unless, after implementation of such change order, the Eligible Project Costs for the Project for Construction will be not exceed an amount which would result in the maximum amount of the Development Grant being paid in respect of the Project. In addition, the Operator need not obtain the approval of the Minister for a change order if the change contemplated by such change order is required by Applicable Law, unless such change will result in non-compliance of the Project with the Design Manual. 6. Approval by Minister of Project Documents. On or before the dates set out in the Project Schedule, where applicable, the Operator shall submit the following items to the Minister for the Minister's approval: (a) Preliminary Plans Submission, and a proposed Operational Plan if required, both in accordance with the Ministry document entitled Long -Term Care Home Preliminary Plans Submission Standards; (b) Working Drawings Submission, and an Operational Plan, in accordance with and as required by the Ministry document entitled Long -Term Care Home Working Drawings Submission Standards; (c) a construction schedule for the Project setting forth dates to be agreed upon between the Operator and the general contractor or construction manager selected in accordance with this Schedule; 253 (d) any other documents required under the terms of the Project Schedule, at the time specified therein; and (e) any other documents, agreements or instruments relating to the Construction or otherwise to the Project or the Home, including documents relating to financing, as and when the Minister may reasonably request. The Operator shall not commence Construction until the Minister has approved in writing all of the Project Documents required under sections 6 (a), (b), and (c), and any further Project Documents required under sections 6 (d) and (e) to be submitted prior to that time, and has approved in writing the commencement of the Construction. The approval by the Minister of any Preliminary Plans Submission or Working Drawings Submission that includes Self -Funded Beds (or any other approval under this Agreement) shall not constitute an approval to provide Funds, or any other funding whatsoever, for the Self -Funded Beds, or any approval, licence or undertaking under the Act to permit the operation of any Self -Funded Bed as a Long -Term Care Home Bed in the Home. 7. Expiry of Approval. The Construction shall commence within nine months after the date on which the Minister has approved, in writing, the commencement of the Construction, and if the Construction is not commenced within such period, the Minister shall be entitled, in the Minister's sole and absolute determination, to declare such approval to have expired at any time from or after the end of such period. 8. Procurement for Construction (a) The Operator shall not contract any person to carry out the Construction (and shall not carry out the Construction itself) except as contemplated in this Schedule, without the specific approval of the Minister. (b) In order to carry out the Construction the Operator shall contract with either: (i) a General Contractor, in accordance with the requirements set out in section 9, or (ii) a Construction Manager and Subcontractors, in accordance with the requirements set out in sections 10 and 11. 9. Rules applicable to Selection of General Contractor Where the Operator wishes to contract with a General Contractor for the Construction, it shall select the General Contractor by means of a Public Tender based on the Working Drawings approved by the Minister under section 6 (b), such that the resulting contract will be based on those Working Drawings and the requirement set out in clause (f) below. 254 (a) The Operator shall not commence the tendering process for a General Contractor until the Minister has approved, in writing, the Project Documents listed above in sections 6 (a), and (b). (b) The tendering for a General Contractor shall be based on a stipulated price contract as per the Canadian Construction Documents Committee (CCDC2) standard forms and documents. The use of the CCDC2 standard forms is recommended for all aspects of the tendering process. (c) [Deleted] (d) In connection with the Public Tender for a General Contractor, the Operator shall ensure that it keeps records of the following: (i) the advertisement for the Public Tender; (ii) a list of all the bidders; and (iii) the best three bids that the Operator received. (e) Once a General Contractor has been retained, the Operator shall promptly prepare, and submit to the Minister within thirty (30) days of retaining the General Contractor, a completed FEC Form, an attestation, in the form specified by the Minister (if applicable), confirming that the procurement of the General Contractor was conducted in accordance with the requirements of this Schedule, and confirming that any applicable bonding is in place, certificates of insurance and a Certificate of Good Standing under the Workplace Safety and Insurance Act (Ontario) as required under s. 11.4, (iv) a copy of the building permit(s) required with respect to the Construction, and (v) a letter of confirmation of financing from the Operator's lender, or a comparable document (in cases of non -debt financing), containing the terms of the financing for the Project. (f) Except as otherwise permitted in writing by the Minister, it shall be a term of the contract between the General Contractor and the Operator that the General Contractor shall provide to the Operator the following bonds with a financially sound and reputable bonding company: a fifty percent (50%) performance bond and a fifty percent (50%) labour and material bond. 10. Rules applicable to Selection of Construction Manager and Subcontractors (a) Where the Operator wishes to contract with a Construction Manager, it shall select the Construction Manager by means of a Public Tender. ►&M (b) Except as contemplated by the applicable CCDC forms being used, it shall be a term of the contract between the Construction Manager and the Operator that the Construction Manager shall not be entitled to select the Subcontractors for the Construction For greater certainty, the Construction Manager shall not be permitted to allocate performance of the Construction or any part thereof: (i) to its own employees, except for minor site work, i.e., site set-up, hoarding and general daily clean-up; or (ii) to any Subcontractors selected by the Construction Manager contrary to this provision. (c) The Operator shall select each Subcontractor that is to perform work reasonably expected to be valued in aggregate at: (i) $100,000 or more, by means of a Public Tender, or (ii) over $25,000 but less than $100,000, by means of a competitive process under which the Operator issues a written request for proposals (RFP) inviting at least three potential Subcontractors to submit proposals. (d) The Operator shall not initiate a Public Tender or RFP tendering process for any Subcontractor (regardless of the expected value of the contract) until the Minister, (i) has under section 6 approved the Working Drawings, and any other Project Documents that are required by section 6(d) or (e) to be submitted prior to this time, subject to section 10(f) below; and (ii) has provided approval in writing for the Operator to commence tendering for Subcontractors for the Construction or for any part of the Construction specified by the Minister. (e) The requirement set out in section 10 (d)(i) is subject to the exception set out in section 10(f) below. (f) Where the Preliminary Construction Plans are approved by the Minister, but the Working Drawings have not yet been approved, the Minister may (in the sole discretion of the Minister) approve the Operator to commence tendering for Subcontractors under section 10 (d) only for such preliminary work as the Minister may specify in writing. (g) For each Subcontractor that is selected for the Project, the Operator shall ensure that it keeps records of the following, as applicable: (i) the advertisement for the Public Tender; (ii) a list of all the bidders or quotes; and (iii) the best three bids or quotes that were received. ►4.7y (h) Except as contemplated by the applicable CCDC forms being used, the Operator (and for greater certainty, not the Construction Manager) shall enter into a written agreement with each Subcontractor in respect of its role in the performance of the Construction using the Canadian Construction Documents Committee or the Canadian Construction Association standard forms and documents applicable to or appropriate for Subcontractors. (i) Except as otherwise permitted in writing by the Minister, each Subcontractor who enters into a stipulated sum contract (or combination of such contracts) with the Operator for the Construction for an amount of Two Hundred and Fifty Thousand Dollars ($250,000) or more shall provide to the Operator (directly or through the Construction Manager) the following bonds with a financially sound and reputable bonding company: a fifty percent (50%) performance bond and a fifty percent (50%) labour and material bond. 0) Prior to the commencement of Construction, the Operator shall submit to the Minister (i) an I EC Form, or (where all of the Subcontractors have been selected) an FEC Form, (ii) an attestation, in the form specified by the Minister (if applicable), confirming that the procurement of all the Subcontractors retained up to that time was conducted in accordance with the requirements of this Schedule, and confirming that any applicable bonding is in place, (iii) certificates of insurance and a Certificate of Good Standing under the Workplace Safety and Insurance Act (Ontario) as required under s. 11.4, (iv) a copy of the building permit(s) required with respect to the Construction, and (v) a letter of confirmation of financing from the Operator's lender, or a comparable document (in cases of non -debt financing), containing the terms of the financing for the Project. (k) Where an IEC form is submitted under clause 0) (i) above, then the Operator shall submit a completed FEC form to the Minister within thirty (30) days of the date on which the Operator selects the last Subcontractor. (1) In case any Subcontractor (other than a Subcontractor that is part of a stipulated sum arrangement to which s. 11 applies) is not able to perform the work it has contracted to perform as part of the Construction, the Operator (or Construction Manager where permitted) shall select a replacement Subcontractor from the previously submitted subcontractor bids, or re -tender where required in accordance with this section 10. ►4.414 11. Construction Manager with A Stipulated Sum Option (1) The Operator and the Construction Manager selected under section 10 may exercise an option to convert their contract into a stipulated sum contract for the construction, at any time after the Preliminary Construction Plans are approved by the Minister, where the following conditions and requirements are met: (a) the Operator selected the Construction Manager by way of a Public Tender in which the Construction Manager's bid included the calculation of the markup and overhead that would be charged, on top of the amounts owing to the Subcontractors, as the basis for the stipulated sum contract; (b) substantially all (minimum of 75% by contract value) of the Subcontractors for the Construction have been selected by the Operator; (c) the contract is consistent with the Project Documents; and (d) the Operator notifies the Minister in advance of entering the stipulated sum contract. (2) It shall be a term of the stipulated sum contract between the Construction Manager and the Operator that: (a) the stipulated sum may not be raised later by the Construction Manager even if the amount of any bids that was estimated is lower than the amount of the actual selected bid; and (b) should any Subcontractor not be able to perform the work on the Construction, the Construction Manager, in consultation with the Operator, shall, despite section 10, select a replacement Subcontractor to perform the work that the Subcontractor that is being replaced contracted to perform, and the stipulated sum may not be raised by the Construction Manager. (3) If the Operator enters into the stipulated price contract with the Construction Manager, the Operator shall promptly prepare and submit to the Minister an FEC Form based on such stipulated price contract. 12. General (1) Where a Public Tender is required under this Schedule, any invitation to pre - qualify and the invitation to tender shall be publicly advertised in the Daily Commercial News, MERX, Biddingo or such other medium as the Minister permits in writing, and the Operator may also send the invitation to any additional potential bidders that the Operator wishes to invite to tender. An invitation to tender that is limited to bidders that were pre -qualified through an invitation to pre -qualify process shall be considered a "Public Tender' for the purposes of this Agreement if all the following conditions are met: (a) The invitation to pre -qualify shall be publicly advertised in the Daily Commercial News, MERX, Biddingo or such other medium as the Minister permits in writing, 258 and the Operator may also send the invitation to any additional potential interested parties. (b) Submissions are evaluated impartially by an evaluation committee based on evaluation criteria that are set out as part of the invitation to pre -qualify. (c) All pre -qualified interested parties are invited to tender when the invitation to tender is issued. (d) Interested parties whose application to pre -qualify is not accepted shall have the opportunity to receive feedback on their pre -qualification submission. (e) The applicable Canadian Construction Documents Committee form(s) should be used for pre -qualification. An invitation for pre -qualification with respect to a General Contractor, if undertaken as the first steps of a Public Tender, is not required to be based on the Working Drawings approved by the Minister, provided that the invitation to tender that follows the pre - qualification shall be based on the Working Drawings approved by the Minister. OW SCHEDULE "C" AugustIlMairclh 2021 IlRevillsilloin OZI-191 Long -Term Care Home Capital Development Funding Policy, 2020 This policy provides funding to support the development of a new long-term care (LTC) home or beds or the redevelopment of an existing LTC home or beds. The Long -Term Care Home Capital Development Funding Policy, 2020 (the policy) is intended to provide funding to eligible operators' to support the development of a new long-term care (LTC) home or beds, or redevelopment of an existing LTC home or beds to the current design standards for LTC homes. 2.0 Eligibility forlong-term development funding Under the policy, the Ministry of Long -Term Care (the ministry) shall provide capital development funding to an eligible operator if, and only if, a) there is a signed Development Agreement (DA) between the ministry and the licensee/operator, and this policy is identified as applicable; b) all conditions and requirements of the DA have been met to the satisfaction of the ministry; and c) all conditions and requirements of this policy are met. An operator may be eligible for development funding under this policy for a development or redevelopmentz of LTC beds that consists of one or both of the following: • new construction — the construction of a new building outside the existing footprint • renovation — either within or outside of the existing building footprint. In this Policy, unless the context indicates otherwise, "operator" means a person who operates a LTC home pursuant to a licence under Part VII of the Long -Term Care Homes Act, 2007 (the LTCHA or the "act') or pursuant to an approval under Part VII I of that act, or a person with whom the ministry contracts to develop and operate a LTC home, subject to applicable requirements. z Beds associated with structural classification B, C and upgraded D homes as well as "A" structural classification beds in mixed classification long-term care homes may be eligible for redevelopment, subject to application approval and applicable requirements. This policy does not apply in respect of LTC construction undertaken under DAs under other ministry LTC development or construction funding policies, except where the applicable DA has been amended to expressly provide that this policy will apply, and all applicable conditions under the DA are met. Long- term care construction undertaken under a DA, where the first resident occupancy date was prior to June 30, 2018, will not be eligible for funding under this policy. However, LTC construction undertaken under a DA, where the first resident occupancy date was June 30, 2018, or after, may be eligible for funding under this policy only where the ministry has approved such funding for the construction, and the applicable DA has been amended to expressly provide that this policy will apply and all applicable conditions under the DA are met. This policy is not intended (and shall not be interpreted) to create any legal obligations on the ministry under any circumstances, except with respect to projects for which there is a DA that identifies this policy as applicable, and any such legal obligations shall be in accordance with and subject to the terms set out in the DA. The ministry may, from time to time, provide clarification, interpretation bulletins or forms, to be used in connection with this policy. 11�:::,,,°aIn !ling compoineints of the I ....... ..... F home calpitall development am Development funding provided to eligible operators under this policy includes three funding components: • a construction funding subsidy per diem (CFS, or CFS per diem) • a development grant • a planning grant, available to non-profit homes 3 0 1 III arkiii f n1i gun"iiuenf The CFS and development grant amount for each project varies depending on where the project is constructed. The province has been divided into four ►0:Y: market segments3,4 for the purposes of this policy as described in general terms below: • large urban: upper -tier regional municipalities and census subdivisions with a population greater than 500,000: o regional municipalities include Durham, Halton, Peel, York and Waterloo o census subdivisions include Ottawa, Toronto and Hamilton urban: population centres greater than 100,000 not already captured within an upper -tier regional municipality. mid -size: population centres of at least 10,000 people in its core, up to 100,000. This may include urban and rural areas with a strong integration to a large urban, urban or mid -size centre. rural: population centres less than 10,000 people or without a strong integration to a large urban, urban or mid -size centre. The market segment, based on the categories set out above, will be specified in the DA for each project, and funding for the project (subject to all applicable requirements) will be based on what is specified in the DA, which shall be considered definitive and final. In advance of a DA being entered, the ministry can provide information on the market segment for any proposed site. 3,1 CO it st r ctiiO ire funding sulbsidy An eligible operator shall be entitled to receive a CFS by way of a per diem payment, for each day of operation of an eligible LTC bed. An eligible LTC bed (or "bed") is a LTC bed constructed under a DA under this policy (subject to the terms of the DA). The CFS will be paid by or on behalf of the ministry to the operator on a monthly basis for a period of 25 consecutive years. The CFS is paid only when the operator meets the applicable requirements and conditions set out in this policy and in the DA. The CFS per diem is calculated as set out below. The CFS per diem amounts are set out in the table in section 3.5 and reflect the following. • The base CFS per diem ranges from $20.53 to $23.78 depending on the market segment. 3 The four market segments are based on Statistics Canada's concepts of population density and commuting flow. This allows for greater distinction between highly populated, dense cities and less -connected areas of the province. 4 Market segments are based on population numbers as reflected in the 2016 Canadian Census, conducted by Statistics Canada. OZ.-A] For homes with up to, and including, 160 LTC beds, including all regular licensed or approved beds in the home (excluding beds under a temporary licence or temporary emergency licence, and beds in abeyance5), the CFS per diem is adjusted by up to $1.50 in recognition of the cost differentials typical for small- and medium- sized homes. 3.2 11C..'.)evellolpimeint giraint The ministry will provide a development grant, per bed, ("development grant") to cover a portion of eligible project costs. The maximum amount of development grant funding per bed is set according to the market segment of the project as outlined in section 3.5. Eligible project costs are comprised of any combination of eligible construction costs, eligible land costs, eligible development charges, and eligible signage as set out below (net of any rebate, tax credit, input tax credit or refund): (a) Eligible construction costs include the actual direct costs of construction paid by the operator, except for exclusions listed below, to construct the beds in accordance with the DA. Eligible construction costs do not include costs that are an indirect cost of construction, including: I. furniture and equipment building permit III. architect fees and other professional fees IV. any costs relating to the acquisition of the land or building, financing, letters of credit, rezoning, audit fees, site survey, insurance, travel and meals, plans and prints, commissioning or bonding, general administrative costs, marketing expenses. (b) Eligible land costs are costs which relate to the land being used for the LTC home project only, based on the reasonable and bona fide cost to the operator to acquire the land, or the current fair market value of the land owned by the operator6, (or owned by another person where permitted in the Cost Eligibility Guide for the Development Grant applicable to the Project under the Development Agreement for the Project), as substantiated to the satisfaction of the 5 For this purpose, beds in abeyance are beds that are unoccupied and unavailable for occupancy for 14 days or more with written permission of the director under s. 104(3) of the act, but do not include beds that are receiving Occupancy Reduction Protection. 6 The fair market value of land donated to the operator for the LTC home may be considered to be an eligible land cost for this purpose. Any cost related to the leasing of land for the LTC home shall not be considered an eligible land cost for this purpose. ►Z-11! ministry (for example, by way of three independent appraisals of that land by certified appraisers). (c) Eligible development charges are development charges under the Development Charges Act, 1997, that are paid by the operator. (d) Eligible signage costs are costs of signage required to be erected by the operator under the DA. tt 3'�� nui�ui��° grant 1�"or iriouu profit hon For operators of non-profit homes only, upon entering into a DA with the ministry under this policy, a one-time planning grant of $250,000 is provided to assist with planning for development or redevelopment projects, subject to the terms and conditions set out in that DA.7 The amount of this planning grant and development grant cannot be greater than the maximum/ceiling for the development grant funding (described above, and as set out in section 3.5) when the development grant is calculated for such an operator. For the purposes of this planning grant, non-profit homes are LTC homes operated by a non-profit entity as defined in Regulation 79/10, section 269. A planning grant may be provided only where no other grant of this type has previously been provided to the operator in respect of the development or redevelopment of the LTC home, as determined by the ministry. 33 11f::.3asic Lira iris iitii ire suppoirt The purpose of basic transition support funding is to support eligible operators with the incidental, non -construction costs that are associated with relocating residents and equipment while redeveloping LTC beds. Basic transition support funding is only available to operators who have redeveloped their LTC beds, pursuant to an executed DA with the ministry. Basic transition support funding is not available for new LTC beds that were not previously in operation but have been approved to be added to a redevelopment project, or that are being developed separately. Beds that were beds in abeyance (as defined above) immediately prior to redevelopment are also not eligible for basic transition support funding. Eligible operators may receive $300 in one-time basic transition support funding for each LTC bed that is redeveloped to replace an LTC bed that was in operation immediately prior to redevelopment. Eligible costs for the planning grant include the costs of retaining professional or consultant services for planning the project, including costs for an architect, engineer, project manager, or similar planning support, subject to the DA. ►URI This funding is intended to: • help move residents and their belongings and/or the home's equipment • hire a moving coordinator, extra staffing for the move, and/or professional movers • supply transportation for the move, for example, non -emergency patient transportation. Operators do not have to apply separately for basic transition support funding, which will be flowed after the first resident occupancy date has occurred, and once the confirmation of admission of first resident has been received by the ministry from the operator. 3A OccupancyIr action iratectiOn Eligible operators that have a DA with the ministry under this policy are eligible to apply for occupancy reduction protection in respect of beds that are temporarily or permanently closed to facilitate construction carried out under the DA in accordance with and subject to the Long -Term Care Homes Occupancy Reduction Protection Policy published by the ministry from time to time, and/or such other policy or guidelines that the ministry may identify for this purpose. 3.5 Calculation of the 11�:::,,,° and devellopment giraint spayments The table below includes the applicable CFS per diem and maximum development grant amounts for projects in each market segment across the province. The development grant ranges from ten to seventeen percent (10 - 17%) of total eligible project costs, based on the market segment of where the project is constructed, up to the applicable maximum grant amount. Components of CFS per diem and development grant adjustment by market segment Components of CFS per diem and Large Urban Mid -size Rural development grant urban Base CFS per diem $23.78 $20.53 $20.53 $20.78 Small home (up to and including 96 beds) +$1.50 +$1.50 +$1.50 +$1.50 Medium home (97 beds up to and including 160 +$0.75 +$0.75 +$0.75 +$0.75 beds Large home (161 beds and over) +$0.00 +$0.00 +$0.00 +$0.00 Maximum CFS per diem $25.28 $22.03 $22.03 $22.28 OZI-1y Development grant percentage 17% 17% 10% 12% Maximum development grant per bed $51,376 $47,926 $24,923 $29,246 4.0 Terms and conditions I I funding On approval to begin construction of their LTC development or redevelopment project, the ministry will inform the eligible operator, in writing, of the total expected development grant amount and CFS per diem, based on the approved plans and cost estimates. Amounts may be adjusted later based on final approved costs, in accordance with the terms of the DA. �111!1 0 11 ,11i!�, rr'ns and ii;onditioriis of the iii�;oriui sfr°ui;°flon 1I''Londing sLflbsidy� The ministry shall not be obligated to provide the CFS per diem in respect of a project, or a phase thereof, unless the ministry is satisfied that all of the following terms and conditions have been met: a) the project or, where applicable phase, has been constructed in accordance with the applicable design requirements as specified in the DA, except as specifically permitted by the ministry in writing, and in accordance with the plans approved by the ministry; b) all terms and conditions set out in the DA have been complied with; c) all requirements and conditions set out in this policy have been complied with d) the operator has entered into, or amended as required, a funding agreement with the ministry, or an agency providing the CFS per diem on behalf of the ministry, in respect of the eligible beds constructed under the DA; e) the necessary licence(s) or approval(s) to operate the beds constructed under the DA has or have been obtained by the operator, and is or are continuously maintained; f) a pre -occupancy review has been completed by the ministry and the operator has received approval from the ministry to admit residents to the beds constructed under the DA; g) the first resident has been admitted to one of the LTC beds constructed by the operator under the DA. �� i�� r� iur;ur �� n �11i1�� 1111111 ' fl oruu e °IIII''or the Ill r��uo��ini oriui ��f f°i e de'11,0 �1111IIB! l on iu�enf grant The development grant, based on approved cost estimates (and subject to the final adjustment referred to below in this section), shall be provided to PUN the operator by the ministry following the substantial performance of the construction contracts relating to the beds of the project (or applicable phase thereof), subject to the requirements set out below. The ministry shall not be obligated to provide the development grant in respect of the beds of a project, or a phase thereof, until: (a) the operator submits a certificate of substantial performance satisfactory to the ministry, signed by the operator's architect for the project, certifying that all the construction contracts relating to the project (or applicable phase thereof) have been substantially performed; (b) the ministry is satisfied that the operator has fulfilled all the requirements applicable at that time, and is performing the appropriate preparations that are reasonably necessary for the operator to be able to open and operate the beds in accordance with the DA; and (c) the operator has fulfilled, to the ministry's satisfaction, any other requirements that the ministry specifies to ensure the enforceability of the repayment and other obligations under this policy and the DA in respect of the development grant (for example, registration on title of the applicable obligations, or similar encumbrances). The amount of the development grant may be adjusted by the ministry after approval of the operator's submission of final eligible costs, in accordance with the terms of the DA. If the final amount of the development grant payable to the operator is less than the amount the ministry previously provided to the operator, the operator shall reimburse the ministry the difference, as directed by the ministry. However, if the final amount of the development grant payable to the operator is more than what the ministry previously provided to the operator, the ministry shall pay the operator the difference. ,1 Coire iitii ns of devellopment giraint The development grant is provided to the operator in respect of beds on condition that the operator: (a) meets all the conditions for receiving CFS per diem funding for the beds within six months of the ministry paying the development grant to the operator in respect of the beds, or within such longer period as the ministry may specify in writing; and (b) continues to operate the beds as LTC beds, in accordance with all requirements under the DA, and under applicable law, for 30 years following the date of first LTC resident occupancy in one of the beds. PUT-1 The ministry may, in writing, require that the operator repay the development grant immediately if either of the above conditions are not met, and the operator shall comply with any such written requirement. If condition (b) is not met, the ministry will not require the operator to repay more than a prorated portion of the development grant, based on the remainder of time left in the 30-year term of the obligation to operate the beds as LTC beds (following the date that the operator ceased to operate the beds as LTC beds in accordance with all applicable requirements). 4.2 Usethe construction ire ii ire subsidy Sii 1peir diern The CFS per diem shall first be used by the operator to support the agreed scheduled repayment of any loans or other financing arrangements entered into by the operator to pay for the construction of the beds under the DA. If the operator has fully paid any current amounts owing in respect of such repayments at a given time, the operator may use the remaining amounts of CFS per diem that have been received up to that time for other purposes. Where the home, or any of the beds, in respect of which a development grant was paid, or the CFS per diem is being paid is/are closed9 for any reason and not replaced, subject to all required approvals, with beds that meet the same standards, payment of the CFS per diem to the operator shall cease, and a prorated part of the development grant must be repaid to the ministry (in accordance with section 4.1) subject to any written agreement to the contrary with the ministry. If beds are transferred from one operator to another with all required approvals, and the new operator assumes all obligations of the former operator relating to the operation of the LTC home beds constructed under the DA, or replacement beds, subject to all required approvals, that meet the same standards, as determined by the ministry, and assumes the obligations of the prior operator with respect to the repayment of the development grant in accordance with this policy to the satisfaction of the ministry, then the new operator shall be entitled to the same CFS per diem as the prior operator, subject to all applicable conditions and requirements. 8 For the purposes of this policy, beds in a home are not considered to be out -of -operation, and are not considered to be closed, if the beds are not available for occupancy with the permission of the director under s. 104(3) but are included in a licence or Part VIII approval in respect of the home. 9 See preceding footnote. rZ-VI A LTC home may be placed under receivership, subject to applicable law and agreements, where an operator is unable to meet its financial obligations. Typically, the receiver in conjunction with a management firm experienced in operating an LTC home continues to operate the home in the name of the existing operator. This is subject to approval under the LTCHA, and may continue until such time as a new operator, also subject to approval under the LTCHA, assumes control of the home. Ministry funding support to the home, including the CFS Per Diem where applicable, continues during the receivership period, as long as the home continues to be operated in the name of the operator and the applicable conditions of funding are satisfied to ensure continuity in the delivery of resident care programs and services. If a new operator cannot be found and the receiver seeks to dispose of the LTC home, or convert it to other uses, then subject to applicable law, residents may be relocated, for example. to alternative care settings in accordance with their needs, and the LTC home may be closed. In this event, all funding to the home ceases, including the CFS per diem, and the operator may be required by the ministry to repay the development grant in accordance with section 4.1. The above contingencies, and any others that arise, are subject to applicable law. ►�Nl SCHEDULE "D" CONDITIONS OF FUNDING Funding Conditions. (1) Development Grant Conditions Precedent: For the purposes of Article 4 of the Agreement, the following conditions must be met before the Development Grant is paid to the Operator under section 4.0.2 of the Policy, subject to the final adjustment set out at the end of that section: (a) the Operator submits a Certificate of Substantial Performance that is satisfactory to the Minister in form and content; (b) the Minister is satisfied that the Operator has fulfilled all the requirements applicable at the time the Certificate of Substantial Performance is submitted (or such later time that the Minister may consider), and is at that time performing the appropriate preparations that are reasonably necessary for the Operator to be able to meet the CFS conditions precedent as set out in subsection (2); and (c) the Operator has fulfilled, to the Minister's satisfaction, any other requirements that the Minister specifies to ensure the enforceability of the repayment and other obligations under the Policy and the Agreement in respect of the Development Grant (for example, registration on title of the applicable obligations, or similar encumbrances), provided that the Minister will not require the Operator to agree to or register any instrument that would put the Minister in the position of a secured creditor that would take priority over any Lender in respect of any Loan, as defined in section 21.2 (c) of the Agreement. (2) CFS Conditions Precedent: For the purposes of Article 4 of the Agreement, the following conditions must be met before the CFS may commence being provided under the Policy: (a) the Minister has issued a Capital Occupancy Approval Letter to the Operator following a Pre -Occupancy Review, pursuant to section 2(5) (Capital Occupancy Approval); (b) the Operator has obtained or been granted a licence or statutory approval to operate the Beds pursuant to the Act, and for greater certainty this Agreement, and any correspondence from the Minister or Ministry that does not explicitly indicate otherwise, do not constitute an undertaking under the Act; (c) the Operator has executed and delivered the Service Accountability Agreement in accordance with this Schedule; and (d) Occupancy has occurred. ►f (3) Operation of Beds. It is a continuing condition of receiving the CFS and retaining the Development Grant that the Operator maintains and operates the Beds and the Home in accordance with: (a) Applicable Law; (b) Applicable Policy; (c) the Project Documents; (d) the Application; and (e) the Design Manual, subject to any Permitted Design Variance Standards. and for greater certainty, the Operator shall be solely responsible for performing, at its own expense, all further upgrades, renovations, repairs, and maintenance that are necessary to meet this condition for 30 years following Occupancy. (4) Furthermore, it is a condition of retaining the Development Grant with respect to the Beds that the Operator achieve Occupancy of the Beds within six months of the Minister paying the Development Grant to the Operator in respect of the Beds, or within such longer period as the Minister may specify in writing. (5) The condition in subsection (3) above applies in respect of the CFS for 25 years following Occupancy of the applicable Beds and if the condition ceases to be satisfied during that period, the CFS will cease to be paid. (6) The condition in subsection (3) above applies in respect of the Development Grant for 30 years following Occupancy of the applicable Beds. (7) If the conditions in subsection (3) or (4) in respect of the Development Grant are not met, the Minister may, in writing, require that the Operator repay the Development Grant, and the Operator shall comply with any such written requirement subject to subsection (8). (8) If the condition in subsection (3) is not met, the Minister will not require the Operator to repay more than a prorated portion of the Development Grant, based on the remainder of time left in the 30-year term of the obligation to operate the Beds as LTC Beds, (which extends for 30 years following Occupancy of the applicable Beds). 2. Occupancy Plan and Pre -Occupancy Review. (1) (a) Occupancy Plan. Not later than six months prior to the date on which the Operator reasonably expects Total Completion to be attained (which in the case of a Project in which the Construction is specifically permitted ►may: under Schedule B to be carried out in phases, refers only to the Total Completion of the first phase of the Project), the Operator shall submit to the Ministry a First Submission Occupancy Plan for the Project, prepared in accordance with the Ministry's written instructions, as currently set out in a document entitled "Occupancy Plan and Pre -Occupancy Review Instructions", which may be revised by the Ministry from time to time. The Ministry will review the First Submission Occupancy Plan and provide comments within 20 Business Days of receiving it. The Operator shall submit to the Ministry a Second Submission complete Occupancy Plan (again in accordance with the Ministry's written instructions) eight weeks prior to Total Completion which the Ministry will review and provide comments on within 20 Business Days of receiving it. The Operator shall finalize the complete Occupancy Plan based on Ministry comments and provide a copy to the Ministry. The Minister shall not be required to schedule or conduct a pre -occupancy review or provide the Capital Occupancy Approval unless the finalized complete Occupancy Plan is satisfactory to the Minister. (b) Notifications of Expected and Actual Total Completion. The Operator shall notify the Minister in writing (i) 30 days prior to the date on which the Operator reasonably expects Total Completion to be attained, and (ii) at the time the Operator reasonably believes that Total Completion has been attained. (c) Scheduling and Conduct of Pre -Occupancy Review. Once the Operator has notified the Minister in writing that the Operator reasonably believes that Total Completion has been attained, the Minister shall arrange a time and date with the Operator for a pre -occupancy review by the Ministry, which date for the pre -occupancy review shall be within ten Business Days after the date on which the Operator reasonably believes Total Completion to have been attained (subject to availability of Ministry staff). Ministry staff shall be entitled at the time and on the date set for the pre -occupancy review to enter upon the Site (including the Home) to conduct the pre -occupancy review, including inspection of the Site and the Home. Despite anything else in this Agreement, for the purposes of Pre -Occupancy Reviews, each of the three Phases shall require a Pre - Occupancy Review and Capital Occupancy Approval, however for the purposes of the provision of Funds under this Agreement, Phases 2 and 3 shall be considered to be combined so that Funds in respect of Phases 2 and 3 shall not be paid until the applicable conditions precedent of funding are met in respect of both Phases 2 and 3. (2) Postponement. If it is readily apparent to the Minister that Total Completion has not been attained and that, in the sole and absolute determination of the Minister, a substantial amount of further work is required on the Project in order to attain Total Completion, the Minister shall be entitled, at the Minister's option, not to conduct or to complete the pre -occupancy review at such time and the Minister need not provide or impose conditions on the Operator specifying the work necessary to be performed on the Project in order to attain Total Completion. In such event, the Minister shall notify the Operator that the Minister will not conduct or complete the pre -occupancy 273 review at such time, and will, if requested, give reasons for the decision. The Operator shall perform such further work on the Project as is necessary in order to attain Total Completion and a new time and date for the pre- occupancy review shall be arranged in accordance with section 2 (1)(c) (Scheduling and Conduct of Pre -Occupancy Review). (3) Other Inspections. The Operator shall request that a fire safety inspection of the Home be conducted by local authorities and obtain the following documents prior to the pre -occupancy review: (a) occupancy permit; (b) approval of the Office of the Ontario Fire Marshal or local fire department; (c) certificate from the Electrical Safety Authority regarding inspection of the Home and compliance with the Electrical Safety Code; and (d) fire and call system alarm verification certificate. (4) Conditions. The Minister shall be entitled to impose on the Operator conditions which must be met prior to the granting of the Capital Occupancy Approval requiring the Operator to repair, improve or modify any aspect of the Home (for greater certainty, including the common areas and common elements which will be used, at least in part, for the Beds being developed by the Operator pursuant to this Agreement but not including any other part of the building which will not be used for the Beds being developed by the Operator pursuant to this Agreement) which does not comply with this Agreement, the Design Manual, the Project Documents approved by the Minister pursuant to Schedule B (Project Requirements), the Application, or any Applicable Law. The Operator shall complete all such repairs, improvements and/or modifications within the time period specified by the Minister. For greater certainty, the Minister's provision of the Capital Occupancy Approval shall be conditional on completion of such repairs, improvements and/or modifications to the satisfaction of the Minister. (5) Capital Occupancy Approval. Within seven Business Days following completion of a pre -occupancy review, the Minister shall notify the Operator, in writing, whether the Minister (a) approves the Home for Occupancy, subject to Applicable Law, including licensing/approval requirements under the Act (in which case, such notice shall be referred to as the "Capital Occupancy Approval Letter'); or (b) does not approve the Home for Occupancy, together with the reasons for not approving the Home. (6) Subsequent Reviews. If the Minister does not approve the Home for Occupancy (whether after the first or any subsequent pre -occupancy review), the Operator shall satisfy any conditions relating to approval 274 imposed by the Minister pursuant to section 2 (4) (Conditions) to the satisfaction of the Minister. In such case, the Minister shall arrange and conduct one or more subsequent pre -occupancy reviews in accordance with section 2 (1)(c) (Scheduling and Conduct of Pre -Occupancy Review). 3. Service Accountability Agreement. The Operator shall execute and deliver a Service Accountability Agreement in the form specified by the agency that is to be a party to the Service Accountability Agreement with the Operator — the "agency") or where specified by the Minister shall execute and deliver a Service Accountability Agreement with the Minister. The Service Accountability Agreement shall relate to, among other things, the operation of the Beds and the Home, shall be in or substantially in the form provided by the Minister or the agency, and shall be delivered to the Minister or agency within 45 Business Days after receipt from the Minister of a Capital Occupancy Approval Letter. The Service Accountability Agreement and each and every subsequent Service Accountability Agreement entered into between the Operator, and the Minister or the agency, shall contain, among other things, an express continuing obligation to provide the Operator with Funds for the costs of the Construction and development of the Beds in accordance with the Policy, as applied in accordance with Article 4 of the Agreement, including express continuing conditions on the provision of Funds to the Operator that are the same or substantially the same as the conditions set forth in section 1 (3) of this Schedule and Article 4 of the Agreement. ► 1. SCHEDULE "E" PROJECT SCHEDULE Activity/Objective Completion Date D D/M m m/YYYY Example: 30/Jun/2019 Request for Minister to approve Site* (if applicable) N/A Public Tender for Construction Manager (if applicable)* 24-Apr-2019 Preliminary Plans Submission* 07-Nov-2019 Submission of Operational Plan* 03-Nov-2020 Working Drawings Submission* 03-Nov-2020 Public Tender" for General Contractor" or Subcontractors* (if Construction Manager is used)* (Schedule B): Invitation to Tender 04-Nov-2020 Deadline for Bids 16-Dec-2020 Construction* Start Date Phase 1 22-Feb-2021 Phase 2 18-Oct-2022 Phase 3 25-Jul-2023 Construction* Schedule - The dates in the Construction Schedule to be XXXXXXXXXXXX agreed upon between the Operator and the Construction Manager are hereby incorporated by reference. Submit initial proposed Occupancy Plan to Ministry for comments six 17-Apr-2022 months prior to expected Total Completion* (refers to Total Completion of Phase 1 only, where applicable), and Submit Occupancy Plan (revised where recommended by Ministry) for 22-Aug-2022 Minister review, eight weeks prior to expected Total Completion (refers to Total Completion of Phase 1 only, where applicable)* Notify Minister 30 days prior to expected Total Completion* Phase 1: 17-Sep-2022 Phase 2: 26-May-2023 Phase 3: 10-Mar-2024 Total Completion* Date Phase 1 17-Oct-2022 Phase 2 24-Jun-2023 Phase 3 09-Apr-2024 * See applicable definitions and sections 6, and 8-11 of Schedule B and section 2(1) of Schedule D for further detail. ►W SCHEDULE "F" MINISTRY OF LONG-TERM CARE LONG-TERM CARE HOME DEVELOPMENT AGREEMENT INITIAL ESTIMATE OF COST QEQ Project Information Table Line # Line Items Line Value Line 1 Licensee Name Line 2 Project Name Line 3 Project ID Line 4 Municipality Line 5 Number of Eligible Beds (New and Redeveloping) Line 6 Number of Self -Funded Beds Line 7 Total Number of Eligible Beds and Self -Funded Beds that are being constructed in connection with the Project Line 8 Total Size of Home upon Completion of this Project (including Self -Funded Beds, subject to applicable re uirements. Line 9 Percentage of Adjustment for Self -Funded Beds (Line 5 Line 7 Line 10 Describe the size of the land for LTC as well as the size of the land acquired for non LTC purposes (see Cost Eligibility Guide for the Development Grant — Appendix 1): Line 11 Percentage of total land used for LTC Line 12 Is construction of non- LTC elements included in the project tender documents (e.g. adult day centre)? Yes / No If yes, describe the construction related to non -LTC services included in the project tender documents and outline the method for apportioning the non - LTC services within the project tender documents: Line 13 If "YES' for Line 12 (non -LTC services were included in the project tender documents), identify the percentage of total eligible direct construction costs attributable to LTC within the project tender documents based on the method described in Line 12. If "NO" for Line 12, then Line 13 will be 100%. Line 14 If Development Charges apply to more than the LTC project, please describe how the Development Charges were determined and outline the method for apportioning the Development Charges attributable to the LTC project only (see Cost Eligibility Guide for the Development Grant - section 4.0): Line 15 Market Segment (Large Urban, Urban, Mid -size, or Rural) Line 16 Organization Sector (For Profit, Non -Profit) ►A Breakdown of Project Costs: A. Project Costs Eligible for Planning Grant (applicable to Non -Profit Homes) (see s. 4.4 (1) of Development Agreement) B. Project Costs Eligible for Development Grant (applicable to All Homes) C. Costs Ineligible for Funding D. Total Project Costs (All Homes) In completing the form below, please reference the Policy and the applicable "Cost Eligibility Guide for the Development Grant". Enter costs attributable to the LTC development project only, subject to the following exception. Where direct construction costs for non -LTC components (e.g. adult day centre) were included in the project tender documents, then in line 24 enter the total direct construction costs (for both LTC and non -LTC project components) under the project tender documents. Costs Costs Costs Total Line # Line Items Eligible for Eligible for Ineligible for Project Planning Development Development Costs Grant Grant Grant A B C D Line 17 Architect Fees Line 18 Engineer Fees Line 19 Project Manager Fees Line 20 Other Consultants Fees Line 21 Eligible Land Cost or Value Line 22 Eligible Development Charges Line 23 Eligible Signage Costs Line 24 Total Direct Construction Costs under Project Tender Documents Line 25 Ineligible/Indirect Construction Costs Line 26 Other (specify inside Line 12) Line 27 HST Tax Rebate Line 28.1 Total Line 28.2 Adjustment for project tender documents that Includes non LTC Services * (Line 28.28 = Line 24B x Line 13 + Line 21 B + Line 22B + Line 23B — Line 278 278 Line 28.3 Adjustment for Project with Self - Funded Bed(s) (Line 28.3A = Line 28.1A x Line 9; Line 28.3B = Line 28.2E x Line 9) 2. Calculation of Planning Grant and Development Grant: Line 29 Total Maximum Maximum Development Grant per Development Grant bed x Number of Eligible Beds in the (Section 3.5 of Funding Project Polio Line 30 Total Costs Eligible Total Amount from 28.3(A) for Planning Grant (if greater than $250K, enter$250K) Line 31 Unused Line 29 minus Line 30 Development Grant Line 32 Estimated Eligible Project Costs Development Grant (Line 28.3(B) x Market Segment percentage (Large urban 17%; Urban 17%; Mid -size 10%; Rural 12% Line 33 Adjusted Unused Development Grant (Line 31) Development Grant or Estimated Development Grant (Line 32), whichever is lesser Line 34 Total Grants Planning Grant (Line 30) plus Adjusted Development Grant (Line 33) 3. Confirmation of Project Cost Financial Viability (i) Attached is a written commitment letter from a lending/financial institution (or other equivalent commitment) to provide $ to the Operator for the purpose of developing and constructing this project. (ii) If the amount in (i) is less than Total Project Costs minus Total Grant amount (Line 28.1D - Line 34) $ please submit additional information describing all sources of revenue to cover total project costs necessary to finance the project. Signature: Date: (Authorized signatory of Operator) Print Name: ►01 MINISTRY OF LONG-TERM CARE LONG-TERM CARE HOME DEVELOPMENT AGREEMENT FINAL ESTIMATE OF COST (FEC) Project Information Table Line # Line Items Line Value Line 1 Licensee Name Line 2 Project Name Line 3 Project ID Line 4 Municipality Line 5 Number of Eligible Beds (New and Redeveloping) Line 6 Number of Self -Funded Beds Line 7 Total Number of Eligible Beds and Self -Funded Beds that are being constructed in connection with the Project Line 8 Total Size of Home upon Completion of this Project (including Self -Funded Beds, subject to applicable re uirements. Line 9 Percentage of Adjustment for Self -Funded Beds (Line 5 Line 7 Line 10 Describe the size of the land for LTC as well as the size of the land acquired for non LTC purposes (see Cost Eligibility Guide for the Development Grant — Appendix 1): Line 11 Percentage of total land used for LTC Line 12 Is construction of non- LTC elements included in the project tender documents (e.g. adult day centre)? Yes / No If yes, describe the construction related to non -LTC services included in the project tender documents and outline the method for apportioning the non - LTC services within the project tender documents: Line 13 If "YES' for Line 12 (non -LTC services were included in the project tender documents), identify the percentage of total eligible direct construction costs attributable to LTC within the project tender documents based on the method described in Line 12. If "NO" for Line 12, then Line 13 will be 100%. Line 14 If Development Charges apply to more than the LTC project, please describe how the Development Charges were determined and outline the method for apportioning the Development Charges attributable to the LTC project only (see Cost Eligibility Guide for the Development Grant - section 4.0): Line 15 Market Segment (Large Urban, Urban, Mid -size, or Rural) Line 16 Organization Sector (For Profit, Non -Profit) Breakdown of Project Costs: E. Project Costs Eligible for Planning Grant (applicable to Non -Profit Homes) (see s. 4.4 (1) of Development Agreement) F. Project Costs Eligible for Development Grant (applicable to All Homes) G. Costs Ineligible for Funding H. Total Project Costs (All Homes) In completing the form below, please reference the Policy and the applicable "Cost Eligibility Guide for the Development Grant". Enter costs attributable to the LTC development project only, subject to the following exception. Where direct construction costs for non -LTC components (e.g. adult day centre) were included in the project tender documents, then in line 24 enter the total direct construction costs (for both LTC and non -LTC project components) under the project tender documents. Costs Costs Costs Total Line # Line Items Eligible for Eligible for Ineligible for Project Planning Development Development Costs Grant Grant Grant A B C D Line 17 Architect Fees Line 18 Engineer Fees Line 19 Project Manager Fees Line 20 Other Consultants Fees Line 21 Eligible Land Cost or Value Line 22 Eligible Development Charges Line 23 Eligible Signage Costs Line 24 Total Direct Construction Costs under Project Tender Documents Line 25 Ineligible/Indirect Construction Costs Line 26 Other (specify inside Line 12) Line 27 HST Tax Rebate Line 28.1 Total Line 28.2 Adjustment for project tender documents that Includes non LTC Services * (Line 28.28 = Line 24B x Line 13 + Line 21B + Line 22B + Line 23B — Line 278 r&I Line 28.3 Adjustment for Project with Self - Funded Bed(s) (Line 28.3A = Line 28.1A x Line 9; Line 28.3B = Line 28.2E x Line 9) 2. Calculation of Planning Grant and Development Grant: Line 29 Total Maximum Maximum Development Grant per Development Grant bed x Number of Eligible Beds in the (Section 3.5 of Funding Project Polio Line 30 Total Costs Eligible Total Amount from 28.3(A) for Planning Grant (if greater than $250K, enter$250K) Line 31 Unused Line 29 minus Line 30 Development Grant Line 32 Estimated Eligible Project Costs Development Grant (Line 28.3(B) x Market Segment percentage (Large urban 17%; Urban 17%; Mid -size 10%; Rural 1296 Line 33 Adjusted Unused Development Grant (Line 31) Development Grant or Estimated Development Grant (Line 32), whichever is lesser Line 34 Total Grants Planning Grant (Line 30) plus Adjusted Development Grant (Line 33) 3. Confirmation of Project Cost Financial Viability (i) Attached is a written commitment letter from a lending/financial institution (or other equivalent commitment) to provide $ to the Operator for the purpose of developing and constructing this project. (ii) If the amount in (i) is less than Total Project Costs minus Total Grant amount (Line 28.1D - Line 34) $ please submit additional information describing all sources of revenue to cover total project costs necessary to finance the project. Signature: Date: (Authorized signatory of Operator) Print Name: ► YA SCHEDULE"G" MINISTRY OF LONG-TERM CARE DEVELOPMENT AGREEMENT for LONG-TERM CARE HOME DEVELOPMENT FINAL STATEMENT OF DISBURSEMENTS (FSD) Project Information Table Line # Line Items Line Value Line 1 Licensee Name Line 2 Project Name Line 3 Project ID Line 4 Municipality Line 5 Number of Eligible Beds (New and Redeveloping) Line 6 Number of Self -Funded Beds Line 7 Total Number of Eligible Beds and Self -Funded Beds that are being constructed in connection with the Project Line 8 Total Size of Home upon Completion of this Project (including Self -Funded Beds, subject to applicable requirements.) Line 9 Percentage of Adjustment for Self -Funded Beds (Line 5 Line 7 Line 10 Describe the size of the land for LTC as well as the size of the land acquired for non LTC purposes (see Cost Eligibility Guide for the Development Grant — Appendix 1): Line 11 Percentage of total land used for LTC Line 12 Is construction of non- LTC elements included in the project tender documents (e.g. adult day centre)? Yes / No If yes, describe the construction related to non -LTC services included in the project tender documents and outline the method for apportioning the non - LTC services within the project tender documents: Line 13 If "YES' for Line 12 (non -LTC services were included in the project tender documents), identify the percentage of total eligible direct construction costs attributable to LTC within the project tender documents based on the method described in Line 12. If "NO" for Line 12, then Line 13 will be 100%. Line 14 If Development Charges apply to more than the LTC project, please describe how the Development Charges were determined and outline the method for apportioning the Development Charges attributable to the LTC project only (see Cost Eligibility Guide for the Development Grant - section 4.0): 283 Line 15 Market Segment (Large Urban, Urban, Mid -size, or Rural) Line 16 Organization Sector (For Profit, Non -Profit) Breakdown of Project Costs: I. Project Costs Eligible for Planning Grant (applicable to Non -Profit Homes) (see s. 4.4 (1) of Development Agreement) J. Project Costs Eligible for Development Grant (applicable to All Homes) K. Costs Ineligible for Funding L. Total Project Costs (All Homes) In completing the form below, please reference the Policy and the applicable "Cost Eligibility Guide for the Development Grant". Enter costs attributable to the LTC development project only, subject to the following exception. Where direct construction costs for non -LTC components (e.g. adult day centre) were included in the project tender documents, then in line 24 enter the total direct construction costs (for both LTC and non -LTC project components) under the project tender documents. Costs Costs Costs Total Line # Line Items Eligible for Eligible for Ineligible for Project Planning Development Development Costs Grant Grant Grant A B C D Line 17 Architect Fees Line 18 Engineer Fees Line 19 Project Manager Fees Line 20 Other Consultants Fees Line 21 Eligible Land Cost or Value Line 22 Eligible Development Charges Line 23 Eligible Signage Costs Line 24 Total Direct Construction Costs under Project Tender Documents Line 25 Ineligible/Indirect Construction Costs Line 26 Other (specify inside Line 12) Line 27 HST Tax Rebate Line 28.1 Total Line 28.2 Adjustment for project tender documents that Includes non LTC Services (Line 28.28 = Line 24B x Line 13 + Line 21B + 284 Line 22B + Line 23B — Line 27B) Line 28.3 Adjustment for Project with Self - Funded Bed(s) (Line 28.3A = Line 28.1A x Line 9; Line 28.3B = Line 28.2E x Line 9) 2. Calculation of Planning Grant and Development Grant: Line 29 Total Maximum Maximum Development Grant per Development Grant bed x Number of Eligible Beds in the (Section 3.5 of Funding Project Polio Line 30 Total Costs Eligible Total Amount from 28.3(A) for Planning Grant (if greater than $250K, enter$250K) Line 31 Unused Line 29 minus Line 30 Development Grant Line 32 Estimated Eligible Project Costs Development Grant (Line 28.3(B) x Market Segment percentage (Large urban 17%; Urban 17%; Mid -size 10%; Rural 1296 Line 33 Adjusted Unused Development Grant (Line 31) Development Grant or Estimated Development Grant (Line 32), whichever is lesser Line 34 Total Grants Planning Grant (Line 30) plus Adjusted Development Grant (Line 33) 3. Confirmation of Project Cost Financial Viability (i) Attached is a written commitment letter from a lending/financial institution (or other equivalent commitment) to provide $ to the Operator for the purpose of developing and constructing this project. (ii) If the amount in (i) is less than Total Project Costs minus Total Grant amount (Line 28.1D - Line 34) $ please submit additional information describing all sources of revenue to cover total project costs necessary to finance the project. AUDITOR'S REPORT: TO THE OPERATOR This financial information contained in columns A, B, C and D is the responsibility of the Operator; our responsibility is to express an opinion on the financial information based on our audit. I/We conducted the audit in accordance with generally accepted auditing standards, which require that we plan and perform an audit to obtain reasonable assurance whether the financial information is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures stated. It also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial information. ONO I/We have audited the Final Statement of Disbursements for this project, for the period specified below. In my/our opinion, this statement presents fairly, in all material respects, the project costs in accordance with the Development Agreement for the project, in accordance with generally acceptable accounting principles, international financial reporting standards, or any comparable accounting standards that apply to the Operator. Audit Period Covered: to Chartered Accountant Firm Name: Signature: (Authorized Signatory of Chartered Accountant Firm) Date: Print Name: Contact Info: Construction completion date: Pre -occupancy review date: First Resident Date: (day/month/year) (day/month/year) (day/month/year) Note: Attach construction completion verification from your architect. Signature: Date: (Authorized signatory of Operator) Print Name: ► 11 SCHEDULE "H" LIENS None ► irl Schedule "I" Signage Requirements Permanent (a) Upon completion of the Construction of the Project, the Operator shall produce and display permanent signs at the Project site indicating the Minister's financial contribution to the Project ("Permanent Ontario Builds Signage"). Temporary (b) The Operator is responsible for erecting a sign at the construction site at all stages — before Construction work starts and throughout Construction ("Temporary Ontario Builds Signage"; collectively Permanent Ontario Builds Signage and Temporary Ontario Builds Signage shall be referred to as "Ontario Builds Signage"). (c) The Operator is responsible for removing the Temporary Ontario Builds Signage within six months of the completion of the Construction of the Project. General (d) The Operator shall comply with the Ontario Builds Visual Identity Guide when designing all Ontario Builds Signage. The Ministry will provide to the Operator the digital Ontario Builds artwork, and the Ontario Builds Visual Identity Guide, - (e) Prior to finalizing and physically producing Ontario Builds Signage, the Operator shall provide the Ministry with a digital proof of the sign for formal approval by the Minister. (f) Once approved by the Minister, the Operator will display the approved sign at the Project site in a prominent area that does not obstruct traffic or cause safety concerns, particularly if the Ontario Builds Signage is located near roads. To avoid potential safety issues, the Operator shall ensure the appropriate provincial (if applicable) and municipal authorities are consulted on Ontario Builds Signage. (g) The Operator shall provide the Ministry with photographs of the Ontario Builds Signage once it is on display and at any time as may be requested by the Ministry. (h) The Ministry will monitor compliance with the requirements of this Schedule, and the M i n i s to r may, at its discretion, advise the Operator of issues and any action(s) required by the Operator to achieve compliance, which the Operator shall take accordingly. (i) The Operator is responsible for maintaining the Ontario Builds Signage in a good state of repair. Template Version: Aug. 31, 2021 288 REPORT TO COUNTY COUNCIL FROM: Stephen Gibson, County Solicitor ^"�,titititi111�f��llllllllll�ouuou�u�^ Nicholas Loeb, Senior Counsel Elgin r' r'asshn�d° by Nature DATE: January 29, 2022 SUBJECT: Bank Street (South of Catfish Creek) - Re -Addition to Elgin County Highway System RECOMMENDATIONS: It is recommended that: The within 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, 2. 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. INTRODUCTION: The purpose of this Report is to seek Council reconsideration of 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. DISCUSSION AND DISCUSSION: On June 26, 2018, and pursuant to By -Law 18-22, Elgin County added, amongst other highways, that part of Bank Street between the south bank of Catfish Creek and Colin Street, in the Community of Port Bruce and Township of Malahide, to the Elgin County Highway System to facilitate traffic movement during the period of use of a temporary bridge while the replacement bridge on Imperial Road was constructed. It is conceded that, prior to enactment of By -Law 18-22, 1. Elgin County staff commissioned and received a sub -search of title to the relevant highway lands and, by virtue of entries to the parcel register for the part of Bank ► RI Street south of Catfish Creek, it was concluded that Malahide Township was the registered owner of those highway lands; 2. Elgin County staff recognized that, notwithstanding the apparent registered ownership of the relevant stretch of Bank Street, Elgin County had acted in a fashion consistent with jurisdiction over that section of highway; and, 3. Out of an abundance of caution and to account for the apparent ownership interest of Malahide Township, the County Solicitor drafted By -Law 18-22 to reference and include the relevant section of Bank Street within the highways assumed by Elgin County and added to the Elgin County Highway System. Subsequent to completion of construction and opening of the replacement bridge on Imperial Road and removal of the associated temporary bridge and by virtue of By -Law 22-03, enacted on January 11, 2022, to reverse By -Law 18-22, Elgin County removed, amongst other highways, that same section of Bank Street from the Elgin County Highway System. As a legal consequence of such removal from the Elgin County Highway System, jurisdiction over the relevant section of Bank Street was thereby vested in Malahide Township. Following enactment of By -Law 22-03, questions were raised by Malahide Township administration as to the resultant transfer of jurisdiction over the relevant portion of Bank Street to the local municipality. While raising these questions, Malahide staff referenced the uncertainty regarding ownership of that section of Bank Street while temporary assumption by Elgin was being considered in 2018. In response to the questions raised by Malahide Township, Elgin County Legal Services has revisited the issue of ownership of and status over the relevant section of Bank Street. In the course of that investigation, it is been determined that, while Malahide Township remains the registered owner of the highway lands, the Province of Ontario vested Elgin County with jurisdiction over that section of the Bank Street by virtue of an Order -in -Council issued during the county -wide roads download in 1997-1998 — it is to be noted that the Order -in -Council had not been registered against title on the parcel register for the highway lands, but was rather registered under the separate General Register and apparently not considered during the conversion to the Land Titles System in 2007. The further legal consequence of the Order -in -Council granting jurisdiction over the south section of Bank Street to Elgin County is that, by virtue of a provision in the Municipal Act, 2001, Elgin County is considered the statutory owner of the same highway lands, apparently in priority to the registered ownership of Malahide Township. It is conceded that Elgin jurisdiction / statutory ownership of the relevant section of Bank Street explains and resolves the uncertainty surrounding its status as noted in 2018 and prior to the enactment of By -Law 18-22. At that time and notwithstanding the registered ownership of Malahide Township, the south section of Bank Street was properly part of the Elgin County Highway System as based upon its mandated jurisdiction and statutory ownership and, in those circumstances, there was no real need for assumption of that section of Bank Street through By -Law 18-22. Against the above comments and analysis, the removal of the south section of Bank Street from the Elgin County Highway System pursuant to the recently -passed By -Law 22-03 effectively altered the status that existed prior to the bridge collapse incident in 2018 by causing jurisdiction to vest in Malahide Township. In order to reinstate the pre-existing jurisdiction and statutory ownership of Elgin County over the south section of Bank Street, it is recommended that Council pass a further by- law re -adding that section of highway to the Elgin County Highway System. It is noted that this reinstatement of jurisdiction and statutory ownership does not and will not preclude a future removal of the same stretch of highway from the Elgin County Highway System. FINANCIAL IMPLICATIONS: Elgin County will incur costs associated with jurisdiction over the subject stretch of highway, including those relating to maintenance thereof, although it is to be noted that those are costs which would or should have been incurred based upon the pre-existing highway status. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: None 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. ►4:11 LOCAL MUNICIPAL PARTNER IMPACT: The passing of the proposed by-law will relieve Malahide Township of risks and responsibility for costs associated with ownership of / jurisdiction over the south section of Bank Street, including but not limited to direct liability risk and maintenance costs. In this latter regard, it is also to be recognized that Malahide Township will continue to receive revenue for services rendered to Elgin in respect of maintenance of that stretch of highway pursuant to the current Road Maintenance Agreement. COMMUNICATION REQUIREMENTS: Malahide Township should be informed as to the results of re -consideration of this issue, including as to the passing of any further by-law. CONCLUSION: For the reasons set forth above and in order to reinstate the status of the south section of Bank Street that existed as of the date of the Imperial Road Bridge collapse incident in 2018, it is recommended that Council pass a further by-law re -adding that section of highway to the Elgin County Highway System. All of which is Respectfully Submitted Stephen Gibson County Solicitor Nicholas Loeb Senior Counsel Approved for Submission Julie Gonyou Chief Administrative Officer ►WN ProgIre,ssive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Carolyn Krahn, Legislative Services Coordinator DATE: January 20, 2022 SUBJECT: TVDSB Trustee Distribution for 2022-2026 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. INTRODUCTION: 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. Upon amalgamation the TVDSB Trustee distribution consisted of two (2) Trustees elected in each County (Middlesex, Elgin, and Oxford) for a total of six (6) Trustees, and six (6) Trustees elected in the City of London. The TVDSB electoral group population has remained consistent since amalgamation, between 400,000 and 999,999. As such, the TVDSB qualifies for a total of twelve (12) ► y.] Trustees for the TVDSB geography, and one (1) Indigenous Trustee appointed per Ontario Regulation 462/97. The number of elected Trustees and the distribution within a Board's jurisdiction is governed by Ontario Regulation 412/00, in which the Regulation (the Act) requires school boards to pass a resolution by March 31St of an election year, either designating one (1) or more municipalities as low population, or declaring that no such designation will be made. The electoral quotient (2018) for Middlesex County meets the requirements for Middlesex County to be designated as a low population municipality. By Board resolution, Middlesex County has historically been designated low population, and has been allotted two (2) Trustee representatives. As contained within the Act, the Board must consider the following principles when making this designation: 1. Municipalities with low populations should receive reasonable representation. 2. Evidence of historic, traditional or geographic communities should be taken into account. 3. To the extent possible, the identification of low population municipalities should permit the establishment of geographic areas that coincide with school communities. 4. Representation should not deviate unduly from the principle of representation by population. O. Reg. 412/00, s. 4 (4). DISCUSSION: Since it is an election year, the Thames Valley District School Board can make changes to the composition of their Board of Trustees. According to the calculations, Middlesex County is considered a low population municipality, and they do not meet the requirements for two (2) Trustees. In the past, Middlesex County has been officially designated a low population municipality by the Board, and this designation has allowed them two (2) representatives on the Board. Without this designation, Middlesex County would be allowed only one (1) Trustee on the Board. This would reduce the number of rural representatives from six (6) to five (5) and increase the number of representatives from the City of London to seven (7). This change would result in five (5) rural representatives and seven (7) urban representatives on the Board. At its meeting held on May 1, 2021, Elgin County Council adopted a School Retention Plan. The Plan expressed Council's commitment to advocating for the retention of local schools. Advocating for the equitable representation of rural communities on the Thames Valley District School Board aligns with this commitment and is one way of ensuring that local voices are heard. ►4*i! FINANCIAL IMPLICATIONS: 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. A copy of this report will be circulated to Elgin's Local Municipal Partners for their consideration. COMMUNICATION REQUIREMENTS: Advocacy letters will be sent to the Minister of Education, the Honourable Stephen Lecce; the Minister of Municipal Affairs and Housing, the Honourable Steve Clark; Elgin - Middlesex -London MPP Jeff Yurek; Thames Valley District School Board Trustee Chair Lori -Ann Pizzalato; and the Director of Education Mark Fisher. CONCLUSION: The designation of Middlesex County as a low population municipality will ensure that rural communities continue to have equitable representation on the Thames Valley District School Board. The TVDSB region includes many rural communities with unique needs. Locally -elected representatives are ideally placed to consider these needs through their work on the Board and its Committees. ►4*11 All of which is Respectfully Submitted Carolyn Krahn Legislative Services Coordinator Approved for Submission Julie Gonyou Chief Administrative Officer ►4*11 Prugressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: February 2, 2022 SUBJECT: Transfer Payment Agreement for the Municipal Modernization Program 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. INTRODUCTION: On January 25, 2022, Elgin County Council received a letter from Minister Clark, Ministry of Municipal Affairs and Housing, confirming that the Government of Ontario will provide funding of up to $125,674 towards the County of Elgin Human Capital Management Modernization project. The letter from Minister Clark is attached to this report. DISCUSSION: Background The Municipal Modernization Program is part of the Government of Ontario's plan to help municipalities lower costs and improve services for local residents and businesses over the long term. A transfer payment agreement is required and was received from the Government of Ontario on January 28, 2022. The transfer payment agreement must be finalized by March 1, 2022. County of Elgin Human Capital Management Modernization With this funding, the County will implement an integrated Human Capital Management (HCM) software platform and Call -In system, with the goals of the eliminating manual ►Wry processes, improving scheduling, and decreasing overtime to realize cost -savings and efficiencies. The HCM software will integrate Human Resources, Payroll, Timekeeping, and Scheduling Software into one (1) platform. The project leads will populate the HCM system with data, configure and test the system, and train key users and staff members on the system. As a part of this project, an automated call -in system will also be implemented and integrated with the HCM Software for users at the County's Long - Term Care Homes. FINANCIAL IMPLICATIONS: The provincial funding will cover up to 65% of the total eligible costs of implementing the HCM Software. Once implemented, the HCM Software will result in efficiencies and cost -savings to the County. 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. 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. A final report forecasting the annual savings and other efficiency outcomes will be submitted to the Province in February 2023. ► r.] CONCLUSION: The HCM Software implementation is underway. We are fortunate to have been selected by the Government of Ontario as recipients of this funding and look forward to increasing efficiencies with the implementation of the Human Capital Management Modernization initiative. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer ►WN Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 171h Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 January 25, 2022 Your Worship Warden Mary French County of Elgin Dear Warden French: Ministere des Affaires municipales et du Logement Bureau du ministre 'IF 777, rue Bay, 17' etage orltaFlo Toronto ON M7A 2J3 Tel.: 416 585-7000 234-2021-5311 Thank you for your application to the third intake of the Municipal Modernization Program and for your commitment to delivering modern, efficient services that are financially sustainable. Under the implementation project stream, I am pleased to inform you that the Ford government will provide funding of up to $125,674 towards: • County of Elgin Human Capital Management Modernization The provincial funding is for up to 65% of total eligible costs to implement the project and complete a final report that forecasts annual savings and other efficiency outcomes by February 28, 2023. In 2019, the Ford government launched the MMP to help small and rural municipalities modernize service delivery and identify new ways to be more efficient and effective. The impacts of the COVID-19 outbreak have made this work more important than ever. The projects approved for funding under the third intake of the Municipal Modernization Program will support municipalities' efforts to conduct service delivery reviews to find efficiencies or implement a range of projects, including developing online systems to improve the local process for approving residential and industrial developments to bring housing and employment -related development on stream faster, or setting up new shared services with neighbouring municipalities. understand how important this work will be to your community. To help you get started, an interim payment will be issued following execution of a transfer payment agreement. Ministry staff will forward instructions and a transfer payment agreement for each approved project in the coming days and will work with you to have it finalized. If you have questions, please contact your municipal advisor, or email munigi . prog rams ontario.ca. 0091 I would like to offer my congratulations on this funding approval and extend my best wishes as you work to improve service delivery and administrative efficiency in your municipality. Sincerely, Steve Clark Minister c. Julie Gonyou, CAO Jim Bundschuh, Director of Financial Services Parliamentary Assistant Jeff Yurek, MPP, Elgin —Middlesex —London 091 1 �Ill��uumouuu��^^� Elgin Prugressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: February 2, 2022 SUBJECT: COVID-19 Emergency Team Planning — January Update THAT the February 2, 2022, report titled, "COVID-19 Emergency Team Planning — January Update", submitted by the Chief Administrative Officer, be received and filed for information. INTRODUCTION: The purpose of this report is to provide Council with an update on the County's COVID-19 response. DISCUSSION: The Elgin County Administration Building remains open by appointment only. All visitors must report to the front desk and are screened upon arrival. Following the Province's announcement that public health measures will be gradually eased starting on January 31, 2022, Council and Committee meetings will transition to a hybrid format. As many staff as possible have transitioned to working remotely. For those staff who cannot work remotely, the Emergency Management Team has ensured that all County facilities are "COVID-secure" and they have conducted risk assessments to ensure practical safety measures are in place. During the month of January, staff have also been reassigned from Libraries, Museums, Archives, Tourism and Provincial Offenses in order to assist during critical staffing shortages at Terrace Lodge and Elgin Manor. The Provincial Offences Administration office remains open by appointment only, and ticket payments can be made online, by phone, or by mail. The Elgin County Archives and the Elgin County Heritage Centre reopened on February 1, 2022. All ten (10) Library Branches remain open. With strict public health measures in place, all interior services such as computer use, photocopying, printing, collection browsing and circulation desk service are available with a 50% interior capacity. FINANCIAL IMPLICATIONS: Ongoing — See the attached Financial Services summary. 09YA 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 Management Team continues to work with the County's Local Municipal Partners to address community needs. For more information on coordination with the local municipalities, see the attached "Emergency Management Team Planning Chart." COMMUNICATION REQUIREMENTS: The Emergency Management Team will continue to provide monthly updates to County Council. CONCLUSION: The Emergency Management Team continues to work together to ensure that essential County services and the COVID-19 response are properly resourced; to identify and manage resourcing and staffing issues; to support County Council, Municipal Partners, community and stakeholders; and to support staff to be well. The attached "COVID-19 Emergency Management Team Planning Chart" summarizes the County's COVID-19 response. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer MIN C1'('.AfD19 Emergency I a imiia im imii�t llf"'a imn IRIb irI 11l imli January 2022 Administration — Legislative Services, County Council, and Warden Leads: Warden, Council, Chief Administrative Officer & Manager of Administrative Services Current Closures/Service Impacts &i Communications Strategy '; Reassignments GurrentlFuture Challenges Coordination with - Coordination with Outcomes/Actions other Municipal Local Municipal Groups/ i Partners Stakeholders Warden declared State of Emergency CAO drafted joint media release November 23, 2020 — Future Staffing Challenges CAO monthly County -wide (Saturday, March 21, 2020) re: declaration, email to staff, Legislative Services (Long -Term Care Homes) meetings with Emergency Operations posted to website. Coordinator was temporarily reassigned Western Wardens CAOs. Centre meetings (monthly) Business Support December 2021: The 2021 Elgin CAO coordinating regularjoint to help with staff Regular meetings with County Christmas Party has been media releases with the local testing at the County's Returning to hybrid/in-person cancelled, and several online activities municipal partners regarding LTCH. the Elgin County have been planned in its place. updates to municipal facilities and meetings. Administrators Group services April 26, 2021 — Legislative Services Coordinated the December 2021: 1 n-person attendance Manager of Administrative Coordinator finished development of a for the 2022 Warden's Election has Services coordinating weekly temporary County -wide face been limited to Council and support newspaper ads with County reassignment and covering by-law staff only. The event will be COVID-19 related services returned to Legislative livestreamed for the media and public. changes Manager of Administrative Services IiIIII'm I kon January 2022: Transitioned back to Services coordinated development (P) L II ,I 1Y1 a virtual Council and Committee and launch of online public (.,.r;rllr,:dll l )hw meetings. engagement platform. Council approved a Remote Work pinvidilIq WlHk;u��l ,vnrrd..1 )I)o h i' l llIa l r,:drrlul I'Iubilm) hmrq. llhrumrl API I lmr4wiuA h) II,<httrld(ilhumllllllp!I,nll(IllImhIu,d Program policy to support a fiask v'Ifi it hm rlr t longer -term remote work arrangement for qualifying jobs. Council approved a Vaccine Verification Policy for Administration staff, Councillors and Volunteers of the County of Elgin on September 14, 2021. IlPumr,<, 11,',' (mu i'I�.II )liiifii/':ifi h) Ylp (nul0 )n pi II:IYl"'II,l&Y is 1 I�,�.Illll'N li ill li,I II I�.+IY lilll sill/.�h<. 1 Il pi lriYTpiI , fl ",li'x wl IhA Yi)' lli':'x 7Y�,Ilh Ylli, R§IlYd li III'J,<Y I IY �lup i,<I)Y / IIY li 7'31"'I I,s ,Illilh< I lf,.11llli� lrlIIIi'A lr hllIlm 304 Administration — General Leads: Chief Administrative Officer & Manager of Administrative Services Current Closures/ Communications Strategy CurrentlFuture Coordination with other Coordination with Local Service Impacts & OutcomeslActions Challenges Municipal Groups Municipal partners Stakeholders December 26, 2020 -Closure of 450 Sunset "COVID-19" updates sent to ALL Return to work practices Participated in meetings Ongoing (County Administration), as well as 480 USERS/COUNCIL each week (Administration, libraries, with Southwestern Public Sunset (Provincial Offences Administration). Heritage Centre, and Health to plan the vaccine County Administration Building open for Provincial Offences roll out and the Emergency Management Team meetings by essential business by appointment only. Administration) establishment of local Webex at 10:00 am held one (1) time per week- vaccination clinics. Standing agenda utilized, round table Recruited a temporary full-time December 10, 2020: Drafted a COVID-19 Safety administrative assistant to screen visitors on arrival and to greet and direct visitors to the Plan in compliance with O.Reg.6364/20: RULES department or tenant they are seeking. FOR AREAS I N STAGE 3. Posted the Safety Plan in all workspaces. December 11, 2020: Issued a staff survey to give Majority of staff sent home as of December the corporation an idea of how its employees are 26, 2020 doing as the pandemic continues. December 22, 2020: Drafted and sent out a Staff transitioned back to the office during staffing plan in response to the provincewide the month of August 2021 with all staff shutdown. returning to the office in September. January/February 2021: Coordinated the development and implementation of email to text January 2022 — As many staff as possible notifications for LTCH staff to notify them in the transitioned back to remote work. case of a new outbreak in one of the Homes March 25, 2021: Issued second staff survey to identify areas where the corporation can improve the ways in which staff are being supported during the pandemic April 29, 2021: Updated a COVID-19 Safety Plan in compliance with O. Reg. 265/21 and O. Reg. 82/20. The updated safety plan was circulated to all staff Spring/Summer 2021: Working with Sandbox Software Solutions to develop an intranet site for Councillors and employees June 17, 2021: Issued a staff survey to gather feedback from staff regarding their experiences with remote and alternative work arrangements and workplace requirements during COVID-19 305 ................................................................................................................................................................................................... July 29, 2021: Updated the COVID-19 SaPl fety an and Transformation Toolkit to prepare for staff's return to the office. lII'm I„APIIpfi)hAIll ,('OvII) I r itO,<Ir:lwi itid Iiwi,dniirmi inii InnIkil h) i0 nO w�,;i0 Wt IMIinu.iuiatuni� )II'd quidi)Im,, hnni flu, I ii:nrim,,r Administration — Planning Leads: Manager of Planning, County Solicitor & Chief Administrative Officer Administration — Legal Leads: County Solicitor & County Prosecutor 306 ........................................................................................................................................................................................................................................................ By-law to Amend By-law No. 19-40, Being a By-law to Define the Mandate and Meeting Procedures for Committees Established by the Corporation of the County of Elgin [By-law No. 20-20] By-law No. 20 — 38, Being a By -Law to temporarily require the use of face coverings and related health protection measures within enclosed public spaces during the COVID-19 Pandemic Counsel provided: Construction Hold -Back release, Tenant Lease Relief Continuing to monitor and advise Management Team of legal risks/challenges associated with COVID-19 (employment matters, etc). Reviewed and provided information re: orders in Council and regulations, negotiated termination of the TL Pool with YMCA, preparing suspension documents for MOW agreements; advised LIMP CAOs of matters of relevance to local jurisdiction (including enforcement), Monitored POA administration restrictions/regulations Drafted a memo regarding "Temporary New/External Patios — Conditions for Approval' for Council and prepared agreements for patios encroaching on County Road Allowances Administration — Emergency Management Leads(s): Chief Administrative Officer and Fire Training Officer/Community Emergency Management Coordinator 307 .................................................................................................................................................................................................................. Temporary Foreign partners (STEGH, C.A.F., Workers Planning Group Police, etc.) Canadian Armed Forces Liaison Officer — weekly update teleconference Human Resources Leads: Director of Human Resources and Manager of Human Resources Currant Closures/Service : Communications Reassignments CurrentfFuture Challenges Coordination with Coordinations Legis)lativel Legal Impacts & Outcomes/ Strategy other Municipal with Local Actions Groups/ Municipal ........ ......,J ......,J ......,i ........ ........ ......,J ........ ......a. ........ Stakeholders,,,,,,... Partners HR/Accessibility staff are Provide relevant input for I hiru u7 I i,. n ni 011, Homes recruitment and retention Continuous Collaborate HR staff continue to maintaining all normal weekly consolidated all- ,I itt I wi i N!oi I continues to be a high volume collaboration with assist and attend legal and functions as well as remaining staff memo, including i, l')I IIA hnni and high priority issue for HR. surrounding share municipal specific abreast of constantly changing organizational I hiim, :a l iu,ui ns municipal human information webinars related to COVID-19 measures and announcements and Aichions nun ani HR staff are extremely busy resources and LTCH upon request. COVID-19 and new protocols. provision ofwellness and linvlml I, l attempting to keep all normal colleagues. legislation to ensure resources, to keep all III ii dos h) services flowing while managing appropriate staff appraised. is�isJ r,:duriiiq .IiYI�)I the additional workload that the application at Elgin ,I ithll 7 afI IY i.7.:„ : t evolving COVID-19 situation County. Human Resources team I .I ri n � I w1g, ,irI,,:I continues to demand. has weekly team I I')III /I ilun t ithllr,;d 1111 '7 mquilms ti Iu n meetings to collaborate �II'm l )qo'� by I IN ,rnlilullus h) ltiily< p rli� h" w ihA h) and ensure all critical �igmhw„)iYlunnlx.lrV nunlllrninu7)VY11',f"I'm I'urm I li „nmiipOiiiq hrnni work is complete. ,I itt m qu'il'A h) vlwIim)hnii h sjhliq wquiwni's110 r Ahnik I IN I r fl hY di'm h) li s', ;)IT01llli7 �,rr rll7-M uih Olrnil All COVID-19 policies and ula,'a ill's mll hilliq M Wq 1P'IJM, procedures are being reviewed Ilhmrr hnin h) based on December changes to nl ill ),pm i0 ham All re -assigned Public Health and Ministry )Ild uO,u i0l" workers, or workers guidance. munr"(m until working within more than one IIN,IIdd'Y )n,hn,Ij AmiII(J/I classification/ Inll)l ,r il� IIY Vunl mw)hiiiq department will �Igliilw,))110i M')b IiidIII )ddiju,lil cease when the Yiiliquhlw^spnilrilulllurs. Provincial Government cancels the emergency order that has allowed this new rocess. 308 Finance — includes Payroll Lead(s): Chief Administrative Officer and Manager of Financial Services/Deputy Treasurer Current Closures/Service : Communications Strategy ; Reassignments Current/Future Challenges Coordination with other; Coordination with Impacts & Outcomes/ Municipal Groups/ Local Municipal' Actions Stakeholders Partners Preparing pandemic Will be issuing two payments on separate Continuing to tracking wages Discussions with County Quarterly meeting payments to Homes staff and cheques from normal payroll. The separate and costs associated with treasurers on Levy penalty being held with screeners cheques have been well received by the COVID and interest strategies: special meetings union as it reduces tax withholdings. One Wellington offering 60 days being added for TL Redevelopment redesign payment was made in July and another in Paid Sick Days capped at starting June 30, special topics. for COVID September $200 for part-time staff adds Essex 30 days, Elgin 90 significant workload for days on current arrears Broadband committee tracking cost support Need to develop plans to fully Requested MMAH TL Donation Committee utilize the $1.3 million phase 1 investigate Education Levy Support SRF funding and future Timing Relief. Letter from projects for potential phase 2 Alan Doheny on March 25 Additional reporting to funding delaying June and Sept government funding sources payments by 90 days and regarding Covid 19 recovery Worked with consultant on postponing 2021 property and support programs phasing plan to allow tax reassessment construction to begin during Implementation of online pandemic. Preparing MFO Conference calls on opportunities for submission documents for RFQ. Property Tax Challenges of Bids and Tenders to for Finance during COVID enable continuation of Develop reporting tools for TL 19 service Donations committee Funded Pandemic pay— riumr," Ai, ,� n.nhliigq worked with Homes, HR; wnirnh,l" nlww til Ira, participating in webinars from AMO, Hicks Morley and AdvantAge to determine exact rules on payment eligibility and requirements Funded Covid 19 Sick Pay Benefits —worked with HR and Homes to ensure compliance 309 Finance — Provincial Offences Administration Lead(s): Chief Administrative Officer, County Prosecutor and POA Supervisor Current Closures/Service Impacts - Communications Reassignments CurrentlFuture Challenges Coordination with Legislative/ Legal & Outcomes/ Strategy other Municipal Actions Groups/ Stakeholders n-person court sittings postponed Signage and traffic Rescheduling matters, some matters Crown, Prosecution Ministry of the Attorney through Oct 19. flows established to rescheduled for third time. Ensuring matters Agents, Lawyers, General, Associate Chief Letters to be sent for all matters ensure safety of people are set on first possible date available. Enforcement, Justice, Ontario Court of awaiting court hearings. entering the court Ensuring matters are set with Officer Defendants, Justice, Senior Associate Update May 2021 — in person house Availability. Sharing best Justice of the Peace, Regional appearances still postponed until practices with other Senior Justice of the Peace, Had notifications on Current and future court days are heavy further notice. All court appearances municipal courts. Local Administrative Justice of are currently being conducted via County Website and the Peace. Increase in telephone and email inquiries and Zoom and notices sent out with the Social Media Updated. Zoom information payments as ticket volumes return to normal. Still responding to many incoming phone Support of Homes and an employee on leave have resulted in backlog. Homes support In -person ticket payments began July 6. Ticket volumes are nearing calls and emails for completed in July and employee to return pre-COVID levels. ticket payment and from leave beginning in Sept. With Update May 2021 — due to the hearing inquiries manpower returning to POA, backlog of recent provincial Iockdown, no in- tickets and calls is being addressed. Notices sent to person payments are being handled. May 2021 Update: all staff are back working Alternative options for payments are defendants as ICON full time. 1 staff member working 1-2 days being offered. updated of new court per week from home. Caught up on tickets date, and have been and FTR's. Still catching up on suspensions. Limitation period timelines extended resent with the third June 2021 Update: as of June 281", all staff to Dec 1 postponement. are back working full time in the office. May 2021 Update — limitation May 2021 Update — Elgin will be a pilot location for Part III transfer periods have ended for filing, notices of court contesting and paying tickets appearances are being from province. sent out identifying zoom information and Video trials are ongoing Early resolution guilty pleas will continue via audio conference the proper court protocols September 2021 Update — in -person May 2021 Update — early resolution payments and inquiries are being taken guilty pleas are now being done by video/audio Zoom appearances January 2022 update - Municipality took over the Part 3 Prosecutions as of January 1, Remote hearings will expand to 2022.. include guilty pleas, withdrawals, judgment delivery, first appearance Approval given to commence in person court and adjournments proceedings. Anticipated start date is March Update May 2021 — remote hearings 2022. are being held for all appearances except Part 3 ex parte trials Matters affecting licenses deemed emergency matters 310 Update January 2022- 1 staff member working from home 2 days per week due to online learning Office open by appointment only. Alternative options are being offered for payments and inquiries I pfi)h. I flhruni" A)) ' �Jrdl l"I fl niigo fhnni l /ama, 01)tt 7 i nnh��u 111plA !1 ii dii Jilnhu d h) I g111 I/I ivirn.. h) )SbI,l N011 ,I it ,Iinil u7os Information Technology Services Lead(s): Director of Information Technology Services Current Closures/Service Communications Strategy; Reassignments CurrentlFuture Challenges Coordination Coordination Legislative/ Impacts & Outcomes/ with other with Local Legal Actions Municipal Municipal Groups/ Partners ........ ......,J ......... ......1; ........ ......1; ........ ...... ,; ......,J ........ ........ Stakeholders Preparing POA for video Developed & implemented Two employees are rotating Made in Elgin Broadband — SWIFT court sessions inhouse emergency to support reception in the solution will only address 23% of last broadcast system via lobby of the Admin Building mile connectivity; need to develop Setting up video conferencing email/text messaging for completed Sept 4. further solutions; virtual conference equipment in Board Rooms homes staff with ISPs to be held in the fall; and Council Chambers Moved many workstation working with Cisco to identify users over to laptops to solutions Worked with consultant to facilitate remote develop an employee teleworkers screening tool to allow staff to hmunr„ P17 AMhrquidim� hnni resume in -person operations Reassignment of workloads V to insure adequate hm l h) 101' %O njrw I10 puhhc lu.,il'Lh7 Developing a TL resources are available to qufl iri�,'a Redevelopment donation tool Council Chambers video for use by the Donation conferencing project committee TVDSB SSIDs set up at various County buildings to support remote student learning Removal of library card authentication for branch wifi to reduce the chance of authentication issues from expired cards etc. 311 ...................................................................................................... Implementation of BYOD wireless printing solution in branches using Envisionware's partnership with PrinterON Deployment of VPN and Dual Form Auth to all appropriate staff Implemented a self -checkout station at each branch library Increased speeds via Eastlink ISP connections Engineering, Planning & Enterprise — Economic Development Leads: General Manager of Engineering, Planning & Enterprise / Deputy CAO 312 ............................................................................................ . ............................................................................................................................................................................................................................................ Reaching out to Taskforce Partners to evaluate ............................................................................................................... ................................................................................. . ................................................................................................................... Fisheries Association;local ........................................................................... reconvening group municipal partners Workforce Planning and The General Manger of Economic Development is part of Development Board, City of an advisory committee led by the Elgin Middlesex Oxford London, London Economic Workforce Planning and Development Board (EMOWPDB) Development Corporation, to address labour market issues resulting from COVID-1 9. Community Employment The Employer Needs Survey was finalized, and promotion Services, Tillsonburg Multi - began. Service Centre Elgin Employer One Survey is now open Currently, promoting local businesses that are open on the department's social media platforms to encourage residents to shop and support local enterprise. Business can now submit their own listing to http://wvvw.progressivebVnature.com/SupportElgin January focus on promoting restaurants with take-out options Elgin -St. Thomas Home The joint marketing campaign with St. Thomas to promote Builders, St. Thomas "So Much More Life" continues. Chamber of Commerce, St. Thomas Economic Development Corporation, ............................................................................................ ............................................................................................................................................................................................................................................. ............................................................................................................... .................................................................................. residential develop rs ... ............................... .......................................................................... Creation of new filming permit procedure including new Municipality of documents, online permits application, new dedicated Central welbsite, and promotional plan/digital libraries Municipality of Aylmer ............................................................................................ ............................................................................................................................................................................................................................................ Updating of the Elgin County online business directory for .............................................................................................................. . ................................................................................ ....................................................................................................................... EDC Dutton/Dunwich and .......................................................................... All Local all municipalities, a timely update based on many changes Southwold Municipalities due to the covid-19 pandemic. were used as sources ............................................................................................ ............................................................................................................................................................................................................................................. Agri -business and tourism promotion through Elgin County ............................................................................................................... ................................................................................. ......................................................................................................................... ........................................................................... All municipalities Living (RogersTV), Fields to Forks (CTV), and Fall for Elgin represented, (social media campaign) including interviews with all Mayors for Elgin County ............................................................................................ .............................................................................................................................................................................................................................................. ................................................................................................................ .................................................................................. ......................................................................................................................... ..... L.M.21 ..................... 313 Engineering, Planning & Enterprise — Tourism Leads: General Manager of Engineering, Planning & Enterprise / Deputy CAO Current Communications Strategy Reassignments CurrentlFuture Coordination - Coordination Legislative/ Closures/Service Challenges + with other with Local Legal Impacts & Municipal Municipal Outcomesl Groups/ Partners Actions Stakeholders ,,,,,,,, ,,,,,,,,, .......a ,,, ......... ,,,,,, ,,,, ,,,, ........ ......... ......,, ........ ......,z ......... Partnered with the Southwestern Ontario Tourism Corporation to SWOTC DMO ......,z ......... ......... ... promote webinars to provide guidance to help tourism businesses meetings (1) during the recovery period. Continuing to promote local businesses that are open on the department's social media platforms to encourage residents to shop and support local enterprise. Business can now submit their own listing to P�IIr�/,/ i,i,i l�ir�cl,l;, ,r�r:P�yr�� lint:r,r,rii/,' ,i�r,r,r�ill 12!'! ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Hiring of two summer students to staff our Port Burwell and Port Municipality of Stanley Visitor Centre's. Students are currently working on updating Bayham our business directory before being deployed to their respective Municipality of kiosks when restrictions allow the opening. Central Elgin Port Stanley Visitor Centre Operated 5 days a week beginning June 30th, with our Tourism Assistant welcoming approximately 2,800 people. The Visitor Centre will remain open on Saturdays and Sundays until Thanksgiving weekend. Port Burwell Lighthouse The Lighthouse Visitor Centre opened daily as of July 15th, with the Tourism Assistants welcoming approximately 1,500 visitors. The Lighthouse is now closed for the season. .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Distribution of our 2020 Visitor's Guide with a'2021 Staycation' 26 Savour/Arts sticker on front cover. community An update to our Savour/Arts guide with a small print run for members distribution this season. 314 Engineering, Planning & Enterprise — Corporate Facility Services Lead(s) — General Manager of Engineering, Planning & Enterprise, Manager of Corporate Facilities, and Building Technologist Currant Closures/Service Communications Reassignments CurrentlFuture Coordination Lead(s) ,, Coordination Legislative/ Legal Impacts & Outcomes/ Strategy Challenges with other with Local Actions Municipal Municipal Groups/ Partners Stakeholders Quantified and sought Building tenants and N/A Increasing demand Coordination with Brian N/A N/A quotations (May 13, 2020) to County staff will be with limited supply. corporate tenants Lima/Cole install touchless accessible door notified by email and County staff. Aicken operators for all County facilities correspondence in with the exception of EMS advance of upgrades stations and Whites Station. beingcompleted. ............................................................................................................................................P.............................................................................................................................................................................................................................................................................................................. Posted additional COVID Consultation with N/A N/A Coordination with ....................................................................................................................................................................................................................................... Brian N/A N/A signage (May 18, 2020) within departmental directors Corporate facility Lima/Cole lunchrooms and at all facility to identify requirements. staff. Aicken entrance of the County Administration building, POA, and Herita e Centre. .........9........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Plexiglass protective barrier Consultation with N/A Increasing demand Coordination with Brian N/A N/A provisions ordered (May 20, departmental directors with limited supply. Corporate facility Lima/Cole 2020) for County Administrative to identify requirements. staff. Aicken Buildin ,and POA. 9...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... As requested by Graham Scotts Consultation with N/A N/A Coordination with Brian Lima N/A N/A Enns staff, seeking quotation building tenant to corporate tenant. (May 21, 2020) to install identify requirements. touchless door internal suite door operating video intercom solution. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Completed replacement of one Coordinated in N/A N/A Coordination with Cole Aicken N/A Essential rooftop ventilation units at consultation with Homes Homes staff and maintenance/capital Bobier Villa and Elgin Manor administrators and Ministry of Long- works permitted in (May 21, 2020). communicated to Term Care. the interim. respective staff following acknowledge by Ministry of Long -Term Care. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Additional Sanitizing wipes N/A N/A Increasing demand No Brian No N/A ordered (May 25, 2020) for all with limited supply. Lima/Cole County library for upcoming staff Aicken/Mike use. Hoogstra ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Conducted facility inspection of Consultation with N/A Increasing demand Coordination with Brian Yes N/A County library spaces (May 261" Director of Community with limited supply. Director of Lima/Cole and 281", 2020 to determine and Cultural Services to Community and Aicken plexiglass protective barrier identify requirements. Cultural Services. provisions. Sought and received quotation Increased cleaning N/A N/A Coordination with Brian Lima No N/A (May 27, 2020) from contract provision will be contracted facilit cleaners to increase ......................... X................................................................................................................................................................................................................................................................................................................................................................................................ communicated in cleaners ............................................................................. ............................................... ..................... .................................................................................................................................................................. . 315 ..... ................................................................................................................... facility cleaning provisions to ....................................................................................................... advance of corporate ....................................................................... ................................................................................................... ............................................................................ .................................................................. ..................................................................... .............................................................................................. twice daily. facilities being reopened. ..... .... ................................................................................................................ Continue undertaking . ..................................................................................................... Ongoing preparation of ........................................................................ N/A .................................................................................................. Completion of all ........................................................................... Coordination with ................................................................... Brian . ................................................................... No .............................................................................................. N/A completion of all other essential all capital project essential projects corporate tenants Lima/Cole corporate facility capital designs and contracted expected to be required (project Aicken projects. service procurement in completed by year's specific) anticipation of future end. Deferral of all award. other projects to 2021 may be required and can be expected to result in increased costs. .................................................................................................................................... Posted additional COVID ...................................................................................................... Consultation with ........................................................................ N/A .................................................................................................. N/A ........................................................................... Coordination with ................................................................... Brian ..................................................................... N/A ............................................................................................ N/A signage (June 15, 2020) within departmental directors Corporate facility Lima/Cole lunchrooms and washrooms of to identify requirements. staff. Aicken the County Administrative building, Heritage Centre and POA. ..... ..... .................................................................................................................... Painted sidewalks with ....................................................................................................... Consultation with Home ....................................................................... N/A ................................................................................................... N/A ............................................................................ Coordination with .................................................................. Brian ..................................................................... N/A ............................................................................................. N/A additional COVID signage (June Administratorto identify Corporate facility Lima/Cole 25, 2020) around the Home at requirements and staff. Aicken Bobier Villa & Elgin Manor. locations for signage. ....... ............................................................................................. Posted additional COVID . ...................................................................................................... N/A ........................................................................ N/A . ................................................................................................... N/A . ............................................................................ Coordination with .................................................................... Brian ..................................................................... N/A . ............................................................................................ N/A signage (June 25, 2020) Corporate facility Lima/Cole throughout the County staff. Aicken Administrative building to remind everyone to maintain 6 feet. ......... .............................................................................................................. exiglass protective barrier ....................................................................................................... Consultation with ....................................................................... N/A ................................................................................................... N/A ............................................................................ Coordination with .................................................................. Brian .................................................................... N/A ............................................................................................. N/A installed (June 15, 2020) at the departmental directors Corporate facility Lima/Cole County Administrative Building, to identify requirements. staff. Aicken Heritage Centre and POA. ..... ... . ......................................................................................................... Exterior Sidewalk signage and ....................................................................................................... Consultation Homes .... ..................................................... .................................................................................................... ............................................................................ Coordination with .................................................................. Cole Aicken .................................................................... No ............................................................................................. N/A Interior physical distancing floor directors to identify Homes staff and signage installed (July 2, 2020) requirements. Ministry of Long - at Terrace Lodge. Term Care. ..... ........................................................................................................................ nstalled 'Check -in at Front ....................................................................................................... ....................... N/A ..... ................ ................................. ......... Coordination with .................................................................. Brian Lima .................................................................... No ............................................................................................. N/A Lobby' signs on all public entry corporate tenants points (July 6, 2020) at the and County staff. County Administrative Building. ..................................................................................................................................... ........................................................................................................ ....................................... .................................................................................................... .................................................................... ..................................................................... .............................................................................................. 316 ..... ........................................................................................................................ ....................................................................................................... nstall signage in W/Rs (1 - Consultation with ....................................................................... N/A ................................................................................................... ............................................................................ Coordination with .................................................................. .................................................................... ............................................................................................. Brian Lima No N/A person entry & Out of Order) Director of Finance and Corporate facility (July 8, 2020) at the POA review of updated MAG staff. Courthouse. Standards to identify ..... ....... .............................................................................................................. ..... E2qui.Ee. m e n.l.s. ................................................. ....................................................................... ................................................................................................... ............................................................................ .................................................................. .................................................................... ............................................................................................. m off fountain - bottle fill still Consultation with N/A N/A Coordination with Brian Lima/ No N/A operable (July 8, 2020) at the Director of Finance and Corporate facility Cole Aicken Heritage Centre & POA review of updated MAG staff. Courthouse. Standards to identify ..... ............................................................................................................................ .E2.q .............................................. ....................................................................... ................................................................................................... ............................................................................ .................................................................. .................................................................... ............................................................................................. nstalled physical distance floor N/A N/A N/A Coordination with Brian Lima/ No N/A signage in Council Chambers & Corporate facility Cole Aicken Removed excess chairs (July staff. 10, 2020) at the County Administrative Building. .................................................................................................................................... ....................................................................................................... Installed physical distance floor Consultation with ....................................................................... N/A ................................................................................................... N/A ............................................................................ Coordination with .................................................................. .................................................................... ............................................................................................. Brian Lima/ No N/A signage & Removed excess Director of Finance and Corporate facility Cole Aicken chairs (July 10, 2020) at the review of updated MAG staff. POA Courthouse. Standards to identify ..... ...................................................................... requirements. nstalled card access door Consultation with N/A N/A Coordination with Brian Lima/ Yes N/A release buttons (July 10, 2020) departmental directors corporate tenants Cole Aicken for ES/FS Reception, AS/ HR and Central Elgin to and County staff. Reception, CE First & Basement identify requirements. 2222plion Doors. Additional Sanitizing wipes N/A N/A Increasing demand No Brian No N/A ordered and arrived (August 25, with limited supply. Lima/Cole 2020) for all County staff use. Aicken/Mike Hoogstra ..... ........................................................................................................................ ....................................................................................................... nstall Washroom Maintenance N/A ....................................................................... N/A ................................................................................................... N/A ............................................................................ Coordination with .................................................................. .................................................................... ............................................................................................. Brian No N/A Logs in all W/Rs (August 21, Corporate facility Lima/Cole 2020) at the County Building, staff and Aicken ECHC, and POA Courthouse. Cleaning Contractor. ......... .............................................................................................................. ....................................................................................................... exiglass protective barrier Consultation with ........................................................................ N/A ................................................................................................... Increasing demand .... Coordination with Brian No N/A installed (Jan 29th, 2021) at the departmental directors with limited supply. Corporate facility Lima/Cole County Administrative Building to identify requirements. staff. Aicken (HR and CS reception desks). ..... ....... ............................................................................................................. ....................................................................................................... Completed installation of Consultation with ........................................................................ N/A ................................................................................................... Increasing demand ............................................................................ Coordination with ................................................................... .................................................................... ............................................................................................. Brian No N/A touchless accessible door departmental directors with limited supply. Corporate facility Lima/Cole operators (Jan 18 1h , 2021) for all and notice was sent to staff. Aicken County facilities with the all building tenants. exception of EMS Station, Elgin Manor, and Whites Station. ..... ..... .................................................................................................................... ....................................................................................................... ........................................................................ ................................................................................................... ............................................................................ ................................................................... .................................................................... ............................................................................................. Sought (3) quotations (Jan 8, Consultation Homes N/A Increasing demand Coordination with Brian No N/A 2021) to install touchless Directors and with limited supply. Homes Lima/Cole faucets for Terrace Lodge and Management Management and Aicken Bobier Villa. Gave go ahead to Corporate facility , proceed. Contractor to install in staff. Fe b r u2r.h ....................................... ......................................... .................................................................................................... ............................................................................. .................................................................... ..................................................................... .............................................................................................. 317 ......... .............................................................................................................. ....................................................................................................... exiglass protective barrier for Consultation Homes ....................................................................... N/A ................................................................................................... Increasing demand ............................................................................ Coordination with .................................................................. .................................................................... ............................................................................................. Brian No N/A dining room tables installed (Jan Directors and with limited supply. Homes Lima/Cole 29th, 2021 ) at the all three Management Management, Aicken County Homes Maintenance Staff, and Corporate facility �121 ..... ..... ................................................................................................................ ....................................................................................................... uchless faucets installed Consultation Homes ....................................................................... N/A ................................................................................................... Increasing demand .... ...................................................... Coordination with .................................................................. .................................................................... ............................................................................................. Brian No N/A (February 1 91h , 2021) at Bobier Directors and with limited supply. Homes Lima/Cole Villa and Terrace Lodge (100% Management Management, Aicken complete). Maintenance Staff, and Corporate facility �121 ......... .............................................................................................................. ....................................................................................................... exiglass protective barriers Consultation with ....................................................................... N/A ................................................................................................... Increasing demand .... ...................................................... Coordination with .................................................................. .................................................................... ............................................................................................. Brian No N/A installed (February 2, 2021) at departmental directors with limited supply. Corporate facility Lima/Cole the County Administrative to identify requirements. staff and POA Aicken Building (ES Reception Desk) Management and POA Courthouse staff. CourtroomEn..nD..: ............................................. ....................................................................................................... ....................................................................... ................................................................................................... ............................................................................ .................................................................. .................................................................... ............................................................................................. Received quotation to install Consultation Homes N/A Increasing demand Coordination with Brian No N/A touchless faucets at Elgin Directors and with limited supply. Homes Lima/Cole Manor (April 28 1h , 2021). Management Management and Aicken Corporate facility �i�n ..... ..... .................................................................................................................... ....................................................................................................... Received quotation to supply Consultation Homes .... ..................................................... .... ..... ....................................................................................... ncreasing demand .... ...................................................... Coordination with .................................................................. .................................................................... ............................................................................................. Brian No N/A additional exterior COVI D Directors and with limited supply. Homes Lima/Cole signage at all three LTC Homes. Management Management and Aicken (April 28 1h , 2021). Corporate facility staff. .............................................................................................................................................................................................................................. exiglass protective barriers Consultation with ED ....................................................................... N/A ................................................................................................... Increasing demand .... Coordination with Brian No N/A installed (May 31, 2021) at the Department. with limited supply. Homes Lima/Cole Tourism Kiosk in Port Stanley Management and Aicken/ (Barrier -free Reception Desk) Corporate facility Lindsey �121 9�.�EE ......... .............................................................................................................. ....................................................................................................... exiglass protective barrier Consultation POA ....................................................................... N/A ................................................................................................... Increasing demand .... ...................................................... Coordination with ... .................................. .................................................................... ............................................................................................. Deanna No N/A installed (July 19, 2021 ) at the Management with limited supply. POA Laemers/Cole POA Courthouse. Management and Aicken Corporate facility �i�n .................................................................................................................................... ....................................................................................................... As of October 4, 2021, the Consultation with ....................................................................... N/A ................................................................................................... N/A .... ...................................................... Coordination with .................................................................. .................................................................... ............................................................................................. Gene DiMeo No N/A County Administrative Building, County staff and notice corporate tenants is now fully open to the public, was sent to all building and County staff. appointments are no longer tenants. required. COVID screening is still required at the main entrance. .... ..................................................................................................................... ....................................................................................................... s of January 5, 2022, as per Consultation with ....................................................................... N/A ................................................................................................... N/A ............................................................................ Coordination with .................................................................. ..................................................................... ............................................................................................. Gene DiMeo No N/A provincial orders, the County County staff and notice corporate tenants u ild i ng Administrative Building, POA, was sent to all building and County staff. and Heritage Centre are now tenants. closed to the public, only individuals with app ointments ........................ ................................................... ..................................................................... j ................................ j .................................................................... ..................................................................... .............................................................................................. 318 ......... .......................................................................................................................... ....................................................................................................... are to be admitted. COVID ....................................................................... ................................................................................................... ............................................................................ .................................................................. .................................................................... ............................................................................................. screening is still required at the main entrance. All county department suites to have key fob access on.!y. $xiqh liinhV Oion lvrmi i mii'CI'[IJIJInii ( mniniunij" I VA imwI )siiiq doniwid mnidiii)hnii hlriO ())lend/ I In I VA md'�Iwd (I 7nom hol , f AP 1) & ( 'I'[1hund N01 In IIJHA',Iupp" (miIIIIII'[1111" )Ild Aidk'Ii hni )ddihni )I ,k)tt dosk �)tt 'I'[1julA Nndm" I hmi" ..... .. .................................................................................... ....................................................................................................... ....................................................................... ................................................................................................... )II'd ('nipnil)h� .... �! �)tt ... ........................................ .................................................................. ..................................................................... ..... .. ................................................................................ ddihnii)I 1:1:1 mdowd III ("m '�I'[IJIJI'ni I Nqol I I VA im�w�)siiiq doniwid I In II p I I In /A I 7nmm h'!I h) I )l I �JIfl f )l "IN) 1'';IpIrhni'mW�)I fiwOni u01 In IIJHA'Iupp�" "W & "18WIjn'�O 0rion h) doiihl" wquumii,110'� �Ihpflds qh, 111iA1�')I .............................. Engineering, Planning & Enterprise — Transportation Services Lead(s) — General Manager of Engineering, Planning & Enterprise and Manager of Transportation Services Current Closures/Service Impacts & Communications Strategy Reassignments CurrentfFuture Coordination Lead(s) Coordination Legislative/ Outcomes/Actions Challenges with other with Local Legal Municipal Municipal Groups/ Partners Stakeholders Ongoing . ............................................................................................................................................. contract administration of all . .................................................................................................................................................................. Issue supporting resident/stake holder ........................................................................ None . ................................................................ Disruption of Coordination .................................................. Brian . .......................................................... Yes ........................................................... O.Reg. essential and/or awarded capital projects notices, update project welbsites, and materials and with affected Lima/Peter 73/20- provide weekly progress updates. isolated skilled or Dutchak Emergency labour. participating Management member and Civil municipalities Protection (project Act, R.S.O. specific) 1990 c. E.9, issued (March 20, 2020) ..... .... ......................................................................................................................................................... Ongoing procurement of all non -essential .................................................................................................. Ongoing preparation of all capital project None Disruption of Coordination Brian Lima Yes N/A capital projects. designs, environmental assessment, and materials and with affected tender preparation for future issuance isolated skilled or labour. participating member municipalities (project specific) 319 Community and Cultural Services Leads: Director of Community and Cultural Services Current Closures/Service i Impacts & outcomes/ Actions Library services subject to capacity limits in accordance with provincial Communications Strategy Continuation of curbside service plus all interior services such as computer use, photocopying, printing, Reassignments Director, Library Coordinator and Supervisors Current/Future Challenges - Maintaining physical distancing relative to size of spaces, monitoring service levels relative to provincial framework Coordination with other i Municipal Groups/ Stakeholders Lead(s) Brian Masschaele, Natalie Marlowe Coordination with Local Municipal 'Partners Safety and maintenance activities with LMPs Legislative/ Legal Regular regulations and re- collection browsing and and Library communication with opening strategy circulation desk service with Supervisors LMPs regarding 50% interior capacity. Patron hours, safety visits limited to one hour. protocols R(pF ( 11111P of Card 11( h( s, olll Idrludly' "IN-holld"y "III.IC( owil III d((:01 ddII(( V111 11 On -going provision of PPE supplies and cleaning services with municipal partners. Supply of I I I( dim l f,l,ai( 111a,=, k,=, dIIId [y( VI( dl"f01- Dill II ( I11 d('.(:0IddIl(( VVIHI RVI',cd (':Uurlty wl1(y "rld f;V IIIH (:(or11111( 1lri"holls, M I IV [ I-y (if v l rtu"I J 110jl F'1111111111f;, III('. llfi111r; "rl I frlrl II "A"f11_0Izri(1'r1 f01- dfflldly, IIIdII"CiIl II hook ([11 ",'� and planning for resumption of in -person children's programming and after school programs. On -going consultation with SWPH on safety protocols ....................................................................................... Communications .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Website support (e.g. posting Team consists of Brian • Website of news releases, procedures Director, Library Masschaele, support for library services) Coordinator and Natalie • Social Digital Services Marlowe media Live Chat service through Librarian and Seanin feeds library website Steele • Live Chat 320 ..................................................................................... ..................................................................................................................... .......................................................................................... ............................................................................................................................................... . ........................................................................ .................................................... Regular postings to social .................................................................................. .................................................................... media channels Intranet development ..... ..... .................................................................... Maintenance and .. .......................................................................................... ............................................................................................................................................... ......................................................................... .................................................... Paystubs and petty cash bags Brian .................................................................................. .................................................................... delivery activities to/from homes. I rmw,iniqMasschaele 11(w III rm_y I I I'M 1 011 d and Natalie ( dw ( d "( h( dulk of d"y"per Marlowe W( e k d" d ( "IIII: of I I d( doylim III: ......... ........................................................................... Homes staffing ...................................................................................................................... .......................................................................................... ............................................................................................................................................... ......................................................................... .................................................... I F"11 III ll; dI Id ( - ,I I or Library Assistants Brian .................................................................................. ..................................................................... support (,I "full oll I)dHI'd Masschaele ( de ploylim III: W "uppoll holim ,, 'I:"11111qr ll( ( d" III(wh " ( d( ) Ioylim III: of I)1IV( - M"Ilik II"II(( P( r"oll ( <Jend Y'1111)1� �Ujljwil fl"oII I F, I F I I V I , of I ........... Maintenance of on- Adding new titles for remote Library Coordinator, Natalie line resources, e- access Digital Services Marlowe, books, physical Librarian S6anin collections Expansion of library on-line Steele databases and apps. Jjqzr,,d( W d' M hwy 111 pml I I( I -,,I I I)) V'110 I I olidoll 11111,11( 1 hrmry, Discard of library materials with the Ministry of the Solicitor General Resident library card maintenance and renewals, re- establishment of fine threshold .... Resident Wi-Fi ........................................................... . ........................................................................ ................................................... Monitoring of usage at each Library Supervisors IT and ................................................................................. ...................................................................... services branch Library Supervisors !E2ET�ion of service Museum and ( lo"111( of Im IIIH( R '111Manager of Museum Mike Baker, archives services and of plovilm I'd ( and Archives Gina programs in ( ffi (fiv( "Iiumry I, Dewaele. accordance with I d( ployi I I ( I I : o I ) I I I I IV( Amber provincial regulations M11 mid om I I rllu,(um M11 Mandich, and re -opening W I fto111( " W "uppoll J"11111qd Ally Shelly, strategy I I( ( d" II ( I -aSol I lof R 2 contract 0 J" 11111P I ' ' ""I", " '0 assistants 'Mdhiqp, I(V( Processing or backlogged ....................................................................................... material. ....................................................................................................................... ............................................................................................................................................................................................................................................ ......................................................................... ..................................................... ................................................................................... ...................................................................... 321 ..................................................................................... ................................................................................................................... Special project work on virtual reality applications, newspaper digitization andvirtual 1,1,,( k lll"Wiry ( XIIII'II Response to on-line research enquiries and donations. Ill"MIl"holl rrF ill Ault; ( X11110 ""J"a[( io Spoon' oll lo"ll from ( "ll"d" At;rlwlhlr( "Ild food I mill io I -till IIIIHI April Further development of Museums of Elgin County database. ..................................................................................... ...................................................................................................................... ........................................................................................... ................................................................................................................................................ ......................................................................... .................................................... .................................................................................. ..................................................................... 322 CORRESPONDENCE — February 8, 2022 Items for Information — (Attached) The Community Schools Alliance with a Press Release regarding the Social and Economic Impacts of Schools in Small Communities in Ontario. 2. SWIFT with their Monthly Project Update for December 2021. 3. County of Elgin Homes with their January 2022 Newsletter. 4. The Ministry of Municipal Affairs and Housing with a Letter regarding Bill 13, the Supporting People and Businesses Act, 2021. 5. The Town of Aylmer with a Letter to the Premier of Ontario regarding a Resolution respecting Joint and Several Liability, AMO Recommendations. 6. The Town of Aylmer with a Letter regarding Thames Valley District School Board Trustee Distribution for the 2022- 2026. 323 Community Schools Alliance Follow us on Twitter: @csaont Find us on Facebook www.communityschoolsalliance.ca Press Release Monday, January 10, 2020 Schools have social and economic impact for small communities in Ontario Schools serve important functions within smaller communities by supporting overall vitality and attractiveness. Research shows that small rural and northern communities with schools tend to have more private amenities and more public services than those without schools. Closing a school in a single -school community threatens the future existence of those amenities and services and the quality of life of the families living there. It also reduces the ability to attract new growth and economic development to the community. The past two decades of educational policy in Ontario has resulted in the amalgamation of smaller local schools into larger buildings, and often the closure of schools in smaller communities. Instead of attending school within their local community, many students are forced to attend schools in communities further away from home. This trend towards bussing rural and smaller community students into other communities can have wide-ranging impacts on the health, wellbeing, and stability of students, parents, and affected communities. The impacts of these closures may also not be immediately apparent, with potentially longer -term impacts being experienced decades later that affect economic competitiveness and socioeconomic outcomes. The Community Schools Alliance retained the Human Environments Analysis Lab at Western University to undertake an objective analysis of the connections between a community's vitality and the presence of a school within the community. This analysis revealed that of the 733 communities in Ontario with more than 300 and less than 10,000 people, 303 (41%) had no schools, 232 (32%) only have one school, and 198 (27%) have two or more schools. Communities with schools, independent of overall population, tended to have more services in the community like banks, grocery stores, emergency services, libraries, and community centres. These communities also tended to have more residents that have moved into the community within the last five years, more affordable and recently constructed housing options, and more school age children compared to the general population. The analysis also found schools in Central Ontario communities to be closer to each other than schools in Northern and Western Ontario 324 All these factors contribute to a comparative advantage for communities with schools. Given Ontario's population growth patterns, it would appear young families are seeking out communities that have schools, and in turn, better services. Moreover, communities that can gain approval for the construction of a new subdivision may be more attractive given cheaper housing and, most importantly, being able to secure funds and land for the construction of a new school. However, this trend of new construction often results in the closure of an older school somewhere else in the same school board, potentially impacting the economic growth potential of another smaller community. Unfortunately, under the current governance model, local area municipalities have no influence over school board capital infrastructure decisions. Many smaller municipalities may even be forecasting growth that would support a school with declining enrolment. However, they have no way to prevent a school closure and disposition of land should the school board choose to do so in the short-term to meet new growth elsewhere in the board. The Community Schools Alliance is a non-profit organization committed to working with the Ontario Ministry of Education, municipalities, and school boards to achieve a collaborative process that results in democratically determined decisions regarding education infrastructure. Such decisions should be based on principles that consider the broad impact, including but not limited to both social and fiscal effects of any changes to school infrastructure on students and their community. The Community Schools Alliance believes that a better system is needed to address the educational facility needs of Ontario's smaller communities. The Ministry, school boards, and municipalities need to work together to develop policies that address planning for declining enrolments, a predictable Accommodation Review Committee process, a review of funding to rural and small community schools, and improved transparency and accountability in capital infrastructure decision -making by school boards. Media contacts: Doug Reycraft Chair, Community Schools Alliance reycraft@sym patico.ca Marcus Ryan Vice -Chair, Community Schools Alliance Mayor, Township of Zorra Councillor, Oxford County mryan@zorra.ca MI. Exploring the social and economic impact of schools in small Ontario communities August 31, 2021 Prepared by: Alexander Wray, Braden Dyce, Dr. Jason Gilliland Human Environments Analysis Lab at Western University Submitted to: Doug Reycraft Community Schools Alliance LIMIRMIAIN MI Quick Facts • There is no statistically significant relationship between number of school age children in a community and the presence of an elementary school in the community • New housing construction in a community is associated with a higher chance of having a school. New housing construction may also incentivize the opening, or relocation of a school to the community • Private and public amenities tend to also be present in communities with schools, potentially signifying the economic development potential of a community that has a school • Northern Ontario and Western Ontario schools are consistently further away from communities than those in the rest of the province Objectives The Community Schools Alliance (CSA) has retained the Human Environments Analysis Lab (HEAL) with partner Spatialists Consulting Ltd. to conduct a geospatial investigation of the differences in demographics, community structure, and housing values based on the distribution of English Public and Catholic schools across the province. Background The past two decades of educational policy in Ontario has resulted in the amalgamation of smaller local schools into larger buildings, and often the closure of schools in smaller communities. Instead of attending school within their local community, many students are forced to attend schools in communities further away from home. This trend towards bussing rural and smaller community students into other communities can have wide- ranging impacts on the health, wellbeing, and stability of students, parents, and affected communities. The impacts of these closures may also not manifest immediately, with longer term impacts being experienced decades later in economic competitiveness and socioeconomic outcomes. School closures are also not solely a rural community issue. Urban areas have also experienced closures that result in a cycle of disinvestment, depressed property values, and worse access to education across the community. The accommodation review procedure used by the Ontario Ministry of Education and local school boards often fails to account for the unique challenges of serving the educational needs of rural Ontario communities. The Community Schools Alliance has made changing provincial education and infrastructure policy in the delivery and maintenance of school properties, a priority for their organization. To support this lobbying goal, evidence of the impacts of geographic distribution of schools in Ontario is needed to inform decision -makers of the potential impact from school closures. The project was proposed by the Community Schools Alliance under the direction of Doug Reycraft, Chair of the Board. The project was completed at the HEAL at Western University with partner Spatialists Consulting Ltd. by Dr. Jason Gilliland, Director and supported by Alexander Wray, Research Associate and Braden Dyce, Research Associate. M4 Methods The HEAL used sophisticated statistical and geographic information science techniques to: • Locate schools and communities outside of major population centres within the Province of Ontario • Determine communities with a school (within 3.2km of the centre of town) & distance to the nearest school for those that do not have a school • Understand the sociodemographic structure of, and amenities in each community • Examine the statistical differences in the socioeconomic characteristics between communities with schools and without schools using regression modelling The study area includes all areas outside of medium to large population centres (30,000 people), as defined by Statistics Canada. Communities in the sample include small population centres (1,000 - 29,999 people) and designated places (< 1000 people) as defined by Statistics Canada. In addition, other smaller communities (300 - 999 people) were manually added to the sample based on their intersection density. Each community was assigned a point at the centroid of the built-up area. Communities with less than 300 people or more than 10,000 people were removed from the sample. Amenities such as grocery stores (NAICS 44511), variety stores (44512), pharmacies (44611), doctors (621111) and dental (62121), banks, emergency services (ambulance, fire, police), libraries, community centres, and public parks were also included in the analysis. These locations were all sourced from DMTI Spatial (2016). All other data was sourced from Statistics Canada (2016). A buffer distance of 3200 metres around the centre of the community was used to determine the presence of a school and/or other amenities within the community. A buffer distance of 1200 metres around the centre of the community was used to select the census dissemination areas (DAs) that comprise the community. Distance from the centre of the community was calculated to the nearest English Public or Catholic elementary (kindergarten to grade 8) and secondary (grade 9 to 12) school. All buffers were generated along the street network, as delineated by the Ontario Ministry of Transportation (2016). Analysis Context There are four different analyses undertaken to determine the effects of schools on different sized communities, and the proximity to school: 1) Small communities - those communities that have less than 1500 people 2) Large communities - those communities that have more than 1500 people 3) Elementary Schools - distance from the community's centre to the closest elementary school along the road network, regardless of community size 4) Secondary Schools - distance from the community's centre to the closest secondary school along the road network, regardless of community size 328 Table 1. Summary of key variables by school presence for communities with less than 1500 people Bank, in community 13 (7.9%D 38 (37%) Grocery, in community 21 Q13%) 39(387.) Variety, in community 21 (13%) 23 (22%) Pharmacy, in community 4 (2.4%) 18 (17%) Doctor, in community 7 (4.3%� 114 (13%) Emergency Services, in community 33 (20%) 42 (40%) Library, in community 25 (15%) 41 (397.) Community Centre, in community 7 (4.3%) 27 (26%) Public Park, in community 17(107.) 117 (16%) Total Population 994 (746, 1224) 1102 (905, 1310) # School Age Children 156 (95, 201) 180 (124, 224) Median housing value $250318 (193559, 318222) $221 141 (159590, 276913) Median household income $64128 (56699„ 71936) $60341 (53632, 70864) T. Low-income 3.357. (2.25, 4.53) 3.55% (2.75„ 4.96) % Residents 907. (69, 95) 89% (72, 95) T. New Dwellings (201 1-16) 2.74%(0, 5.28) 2.70%Q0, 5.07) %Move in last year 7.50% (5.60, 10.50) 8.90% (6.80, 11.30) T. Move in last 5 years 25% (22,30) 27% (23,31) Table 2. Summary of key variables by school presence for communities with more than 1500 people Bank, in community 18 (114%) 243 (73%) Grocery, in community 24 (18%) 224 1(67%) Variety, in community 23 (1187) 182 (547.) Pharmacy, in community 5 (3.8%) 158 Q47%) Doctor, in community 10 (7.6%) 206 (62%) Emergency Services, in community 42 (32%) 253 Q76%) Library, in community 26(20%) 197 (59%) Community Centre, in commiuniitty 21 (16%) 182 1(54%) Public Park, in community 40 (3ll%) 2311 (69%) Total Population 1978 (1681, 2444) 2930 (2187, 4820) # School Age Children 340 (282, 444) 512 (366, 778) Median housing value $325353 (266699, 440392fl $260185 (213764, 333568) Median household income $711760 (61161, 82994) $63484 (55912, 75062) Low-income 2.97% (2.18, 3.91) 3.83% (2.67, 5.22) % Residents 947. 981, 97) 95% (91„ 97) Y. New Dwellings (2011-16) 3.90% (2.00, 5.30) 3.70% (2.00, 5.90) %Move in lost year 8.70% (6.95, 10.83) 10.01% (8.05, 12.04) % Move in lost 5 years 277. y24, 30) 31 % (27,35) MI Results Small Communities In small communities having a school in the community means the community is 2.75 times more likely to have a bank, and 6.69 times more likely to have a community centre. Small communities without schools have slightly higher housing values likely because young families are looking for more affordable housing stock in communities that do have schools. 2.75 Bank - 1 k5 Grocery - 0,69 Variety ................... - 0; E E Q- 0 3.37 Pharmacy - — 0,71 Doctor - 0, 1,88 Emergency Services - ------- 4- 1.95 I-lbrairy - 3.,6 9, Pa CommunIty Centre - ---------- 0- 1 J8 Public Park - 0.9 7' HouMnig value ('0000s) - 01 1,03 Househoid: Income (000s) - 0 132 School ,age Children ('00s) - ------ 4- 1.11 % Low I n c orn o. - -0- .05 INIew Owelfings - 01, 99 %Residents - 0, 1 �07 % Move In last year 099 % Move lin, last 5 years - 0 Lessfi*41y —0416WANWAMM Size ofeffect Morelilkeiy Figure J.. Summary of regression model results for small communities Will Large Communities In large communities, having a school in the community means the community is 3.71 times more likely to have a bank, 2.78 times more likely to have emergency service, and 1.88 times more likely to have a public park. Large communities with a school tend to have a higher percentage of dwellings constructed in the last five years. 171 Bank - 1.46, Grocery - 0 LAO .E variety - in 146 F= E Pharmacy - 0 2.25 Doctor - 75 - Ei 2.78 Emergency Services - - CL Library - Community Centre - Public Park - OAN Hou.sing value ('0000s) 0 0,97 Household income ('01009) - 0 1.21 School Age Chiidren ('00s) - 0,89 % Lo,w income - 1.17 % New Dwellings- 1.01 % Residents - 0.97 % Move in, last year - -0- 0.,919 % Move in, last 5 years - Less likely SIze'Of effect More likely Figure 2. Summary of regression model results for large communities WN Elementary Schools In communities with an elementary school, having a bank or a library means the elementary school is about 1.5 kilometers closer on average, while a grocery store, community centre, or emergency services means the elementary school is about 1 kilometer closer. Communities with more primary residences and more people that have moved into the community in the last year see a school approximately 150 meters closer per percent. Northern and Western Ontario have schools further away than those in Central Ontario. Hank Grocery . v��riety 0 Pharmacy . u Doctor - Emergency Services a Ubrary e� COT-nrnlunhi'Cy Celnlre I Public Park Housiung Value ('000,0s) 0 Househoid Income ('000s) - 5ch poll Age Chilldiren ('O,Os) Low Income - %NllewD elllings - au a Residents - %Move lin last year - IN) Move un last 5 years - —155.37' 1 ,5 .7 4. 33 ,'g4 —3.1 _2%88, 1d,5 3.71 1445.44 —I I t5,5 —612.83 36. '1 u:41.�51 8,35 -152,6 —7 .6g -- "I 04,.'80 1 .44, -. 49 1474.!g0 T Eastern Region ff 2232,53 Northern R4'.,q oon 1811 &S6 Western (legion - 40I04;A OAK) ,n110010 (000 Closer Distance (ra), 'vszr ' Farther Figure 3. Summary of regression model results for distance to elementary schools GY-VA Secondary Schools In communities with a secondary school, schools are 641 meters closer for every 100 children in the community. Schools are 446 meters further away for every percentage point increase in new dwellings in the community. Schools become slightly closer with every percentage point in residents and new residence within the last year. Northern Ontario schools are 8 kilometers further away than they are in central Ontario. I IE,ank - Grocery .. va�noty' Pharmacy - Doctor Emergency 5ervuces Ulbrary Community Public Park - Housing Value ('0000s) - Houselicid lncorne (''eoos) Scho6l Age Chlllcliren ('00s) .. IL.owIln(orne - New Dwelflnqs Residents - Move lira last year - ''b Move urn last 5 years - Eastern Region .. Northern Ru".,,guon - 14,69.1 „- 12 y.l 0- -223169 1i 13,�.3 124932 1554,32 215,37 -9,40 ...(A1,84 �. 4'1'11,09 44 L3 2 .4 -41;1 62 -3 07 804,07 1 99.44 Western Region - p(aw)o yu;jii ur "AY00 nurnr,o Closer —411110MUNIUMM Distance(ra) Figure 4. Summary of regression model results for distance to secondary schools Farther 333 Discussion Housing value and median income Although it would be expected that both housing value and median income would be higher in communities that have a school present, our study has revealed that this is not the case. The most likely reason for higher housing values and median incomes in communities without schools is that there is a higher proportion of retirement age (or near retirement age) individuals in those communities without schools, while young families with school -age children may be seeking out cheaper communities with schools. New dwelling effect This can be summarized as the `chicken and the egg' effect. Although there are a higher percentage of schools where there are new dwellings (and vice -versa) it is not clear which came first. Ontario's system of capital construction for schools may mean that new development brings the land, and expected population, for a new school. Therefore, communities with recent new developments may attract a new school, or the relocation of an older school from another community. Main differences between communities with schools vs. communities without schools Communities with schools tend to have more private amenities (Bank, Grocery, Variety, Pharmacy, Doctor) and public services (Emergency Services, Library, Community Centre, Public Park), regardless of their population. This indicates that the presence of a school aligns with both public and private investment in community, creating a possible "lock -in" effect. In smaller communities and at the elementary school level, the number of school age children in a community does not predict having a school which runs counter to the service delivery expectation for education. Data Sources • DMTI Spatial. (2016). Enhanced Points of Interest. Retrieved from: http://geo.schoIarsporta1.info/#r/details/_uri@=56448532 • Statistics Canada. (2016). Census of Population. Retrieved from Computing in the Humanities and Social Sciences Data Centre at the University of Toronto. • Statistics Canada. (2016). Designated Places. Catalogue no. 98-301-X 334 SPATIALISTS ®n f, lillH EAL CONSULTING 335� HUMAN FNVIR(,.)NMFNTS ANALYSIS IAE3ORAFC)RY ` School age children does not mean there is a school New dwellings may bring schools to communities Northern Ontario Community schools are further amenities co -locate away than most with schools Key Points • The number of school age children in communities is not associated with the presence of a school • New dwellings may bring new schools, or vice -versa • Northern Ontario schools are consistently further away • Community amenities are strongly associated with the presence of a school, reflecting broader attractiveness The past two decades of educational policy in Ontario has resulted in the amalgamation of smaller local schools into larger buildings, and often the closure of schools in smaller communities. Instead of attending school within their local community, many students are forced to attend schools in communities further away from home. This trend towards bussing rural and smaller community students into other communities can have wide-ranging impacts on the health, wellbeing, and stability of students, parents, and affected communities. The impacts of these closures may also not manifest immediately, with longer term impacts being experienced decades later in economic competitiveness and socioeconomic outcomes. The accommodation review procedure used by the Ontario Ministry of Education and local school boards often fails to account for the unique challenges of serving the educational needs of rural Ontario communities. The Community Schools Alliance has made a lobbying priority changing provincial education and infrastructure policy in the delivery and maintenance of school properties. To support this lobbying goal, evidence of the impacts of geographic distribution of schools in Ontario is needed to inform decision -makers of the potential impact from school closures. The Community Schools Alliance (CSA) has retained the Human Environments Analysis Lab (HEAL) with partner Spatialists Consulting Ltd to conduct a geospatial investigation of the differences in demographics, community structure, and housing values based on school presence. Previous Studies Lyson, T.A. (2002). What does a school mean to a community? Assessing the social and economic benefits of schools to rural villages in New York. National Science Foundation. The study identified community -level characteristics associated with the presence or absence of a school • Results indicate that for the smallest rural communities, the presence of a school was associated with many social and economic benefits • Housing values were considerably higher in small villages with schools, and municipal infrastructure was more developed • Places with schools had more people employed in more favorable occupational categories and more employment in civic occupations • Income inequality and welfare dependence was lower in villages with schools • This study shows that schools serve as important markers of social and economic viability and vitality, and that the money that might be saved through school consolidation could be forfeited in lost taxes, declining property values, and lost business Previous Studies Sipple, J.W., Francis, J.D., & Fiduccia, P.C. (2019). Exploring the gradient. The economic benefits of `nearby' schools on rural communities. Journal of Rural Studies. • The main goal of the paper is to investigate the area outside villages - what is measured as a 5- mile gradient or boundary • The paper finds strong support for the assumption that schools are important to the economic vitality of rural communities and supports the method of geo-locating community institutions and measuring distance and concentration - the authors term this: School Proximity Index (SPI) • The paper found that housing values, per -capita income, and household income significantly and positively vary with the SPI above and beyond the effects of age -structure, proportion of households with children, proportion of population that is white, and self-employment rates • The paper determines that while the relationship is indeed positive, whether the presence of a school promotes enhanced community vitality or having high community vitality promotes the presence of a school, must be further examined. Our Methodology 01 lap ia �uuullll��ui��l • �uu�u� �Iluuu�� • Locate schools and Determine Understand the Determine the communities outside communities with a sociodemographic statistical differences of major population school (within 3.2km of structure of each between communities centres within the the centre of town) & community, and with schools and Province of Ontario distance to the amenities in the without schools using nearest school community regression modelling The study area includes all areas outside of medium to large population centres (30,000 people), as defined by Statistics Canada. Communities in the sample include small population centres (1,000 - 29,999 people) and designated places (< 1000 people) as defined by Statistics Canada. In addition, other smaller communities (300 - 999 people) were manually added to the sample based on their environmental characteristics (i.e., intersection density and block group population). Each community was assigned a point at the centroid of the built-up area. Communities with less than 300 people or more than 10,000 people were removed from the sample. Amenities such as grocery stores (NAICS 44511), variety stores (44512), pharmacies (44611), doctors (6211 11) and dental (62121), banks, emergency services (ambulance, fire, police), libraries, community centres, and public parks were also included in the analysis. These locations were all sourced from DMTI Spatial (2016). All other data was sourced from Statistics Canada (2016). A buffer distance of 3200 metres around the centre of the community was used to determine the presence of a school and/or other amenities within the community. A buffer distance of 1200 metres around the centre of the community was used to select the census dissemination areas (DAs) that comprise the community. Distance from the centre of the community was calculated to the nearest English Public or Catholic elementary (kindergarten to grade 8) and secondary (grade 9 to 12) school. All buffers were generated along the street network, as delineated by the Ontario Ministry of Transportation (2016). Bank, in community 13 (7.9%) 38 (37%) Grocery, in community 21 (13%) 39 (38%) Variety, in community 21 (13%) 23 (22%) Pharmacy, in community 4 (2.4%) 18 (17%) Doctor, in community 7 (4.3%) 14 (13%) Emergency Services, in community 33 (20%) 42 (40%) Library, in community 25 (15%) 41 (39%) Community Centre, in community 7 (4.3%) 27 (26%) Public Park, in community 17 (10%) 17 (16%) Total Population 994 (746, 1224) 1102 (905, 1310) # School Age Children 156 (95, 201) 180 (124, 224) Median housing value $250318 (193559, 318222) $221141 (159590, 276913) Median household income $64128 (56699, 71936) $60341 (53632, 70864) • Low-income 3.35% (2.25, 4.53) 3.55% (2.75, 4.96) • Residents 90% (69, 95) 89% (72, 95) • New Dwellings (2011-16) 2.74% (0, 5.28) 2.70% (0, 5.07) • Move in last year 7.50% (5.60, 10.50) 8.90% (6.80, 11.30) • Move in last 5 years 25% (22, 30) 342 27% (23, 31) oll '115/flr-r° U 2016 population is less than 1500 people n (% of total in group) (Median Inter -Quartile Range ( 0.25, 0.75) Bank, in community 18 (14%) 243(737.) Grocery, in community 24 (18%) 224 (67%) Variety, in community 23 (18%) 182(547.) Pharmacy, in community 5 (3.8%) 158 (47%) Doctor, in community 10 (7.6%) 206(627.) Emergency Services, in community 42 (32%) 253 (76%) Library, in community 26 (20%) 197(597.) Community Centre, in community 21 (16%) 182 (54%) Public Park, in community 40 (31%) 231 (697.) Total Population 1978 (1681, 2444) 2930 (2187, 4820) # School Age Children 340 (282, 444) 512 (366, 778) Median housing value $325353 (266699, 440392) $260185 (213764, 333568) Median household income $71760 (61161, 82994) $63484 (55912, 75062) • Low-income 2.97% (2.18, 3.91) 3.83% (2.67, 5.22) • Residents 94% (81, 97) 95% (91, 97) • New Dwellings (2011-16) 3.90% (2.00, 5.30) 3.70% (2.00, 5.90) % Move in last year 8.70% (6.95, 10.83) 10.01 % (8.05, 12.04) % Move in last 5 years 27% (24, 30) 343 31 % (27, 35) t',1�1 w✓;�1 Illy I J:: (w) Illl�l WnwA at�g e o Ir iirIBC Ir iiinBC t.i IIII° iii e s 2016 population is more than 1500 people n (% of total in group) (Median Inter -Quartile Range ( 0.25, 0.75) 0 E a) 0 a) Bank - Grocery - Variety - Pharmacy - Doctor - Emergency Services - Library - Community Centre - Public Park - Housing Value ('0000s) - Household Income ('000s) - School Age Children ('00s) % Low Income %New Dwellings - % Residents - % Move in last year - % Move in last 5 years - 2.75 1.65 -------- 40- 0.69 ---------- 0- 3.37 0.71 1.88 1.95 3.69 ---------- 1.78 0.97 1.03 1.32 1.11 1.05 0.99 1.07 0.99 0.1 1 5 341'() 50 Less likely Size ofeffect- More likely "r Tfja C 0 �r"rri �r"rnfj U �n 11� "If Y ��'actarill, 2016 population is less than 1500 people Red means that factor is associated with a community being less likely to have a school, while ILAue means it is associated with a community being more fllkey to have a school. The line indicates the range of possible values for that factor. The closer the value is to 1, the smaller the effect. * Denotes statistical significance (see table for exact values) Highlights: Having a school in the community means it is 2.75x more likely to have a bank, and 3.69x more likely to have a community centre Communities without schools have slightly higher housing values, likely because of young families looking for more affordable housing stock in communities that do have schools T Bank - 3.71 1.46 Grocery - 1.80 Variety - 2.46 Pharmacy - 2.25 Doctor - 2.78 *' Emergency Services - 1.64 Library - 1.08 Community Centre - 1.88 Public Park - 0.99 Housing Value ('0000s) - 0.97 Household Income ('000s) - 1.21 School Age Children ('00s) - 0.89 %Low Income - 1.17 %New Dwellings - 1.01 Residents - 0.97 % Move in last year - 0.99 Move in last 5 years - U.1 6.5 1 5 3490 5O Less likely Size of effect More likely nwA a m�wI�am�I�yidfn ;;;;;,';I 0rIlIi�II li i�i� Ili�� i t.i i�i� 11 iiii 11VY ll' i/,nttl�rt&dl IIV "m!Nd IIrs 2016 population is more than 1500 people Red means that factor is associated with a community being less likely to have a school, while blue means it is associated with a community being innore lilke ly to have a school. The line indicates the range of possible values for that factor. The closer the value is to 1, the smaller the effect. * Denotes statistical significance (see table for exact values) Highlights: Having a school in the community means it is 3.71 x as likely to have a bank, 2.78x as likely to have emergency services, and 1.88x as likely to have a public park. Communities with a school tend to have a higher percentage of dwellings constructed in the last 5 years. a -1552.37 Bank - -1056.72 .x. Grocery 33.94 Variety - -349.72 Pharmacy - -260.88 Doctor - e -105 3.71 Emergency Services - -1445.44 * Library - 1 106.45 .x. Community Centre - -612.83 Public Park 36.41 Housing Value ('0000s) -46.81 Household Income ('000s) - 28.35 School Age Children ('00s) - -152.60 Low Income - -72.69 New Dwellings - -104.80 * % Residents --197.44 * % Move in last year - 3 7.49 % Move in last 5 years - 1474.90 Eastern Region - 2232.53 Northern Region - 1816.56 Western Region - 4C7DO .2f)OO D 2000 346 40'00 6 00 Closer Distance (m) Farther uwu!� m'II� Y �Iu s 111, a i O c e 11' o E eIIII' "itli "iNi e III "�i l I" ar y' Distance to nearest English Public or Catholic Elementary -Level School Red means that factor is associated with a community being furiher from, a school, while Iblaue means it is associated with a community being closer fog a school. The line indicates the range of possible values for that factor. The closer the value is to 1, the smaller the difference in distance. * Denotes statistical significance (see table for exact values) Highlights: Having a bank or library in a community means an elementary school is about 1.5km closer on average, while a grocery store, community centre or emergency services means it is about 1 km closer Communities with more primary residences and more people that have moved into the community in the last year see a school -150m closer per % Northern and Western Ontario have schools further away than Central Ontario .E E E R V t c c N v a m v m 0 c v 0 a m m v m c IV Bank - Grocery - Variety - Pharmacy - Doctor - Emergency Services - Library - Community Centre - Public Park - Housing Value ('0000s) - Household Income ('000s) - School Age Children ('00s) - Low Income - %New Dwellings - %Residents - Move in last year - % Move in last 5 years - Eastern Region - Northern Region - Western Region - 1469.15 —535.98 --1272.84 —2232.69 —1213.83 —1249,72 1554.32 215.37 —427.24 —69.40 —8.89 —641.84 473.09 446.83 " --259.48 --413.62 —83.07 —950.65 8024.07 —199.44 ......I0000 --5000 0 5o00 347 10(}00 156 Closer Distance (m) Farther Distance Distance to nearest English Public or Catholic Secondary -Level School Red means that factor is associated with a community being furIher from, a school, while Iblaue means it is associated with a community being closer fo a school. The line indicates the range of possible values for that factor. The closer the value is to 1, the smaller the difference in distance. * Denotes statistical significance (see table for exact values) Highlights: For every 100 school age children, schools are 641 m closer For every % point increase in new dwellings, schools are 446m further away For every % point increase in residents and new residents in the last year, schools get slightly closer Northern Ontario schools are 8km further away than they are in Central Ontario Bank, in community 2.75 1.17, 6.65 0.02 Grocery, in community 1.65 0.77, 3.52 0.20 Variety, in community 0.69 0.28, 1.64 0.40 Pharmacy, in community 3.37 0.80, 17.90 0.12 Doctor, in community 0.71 0.18, 2.68 0.60 Emergency Services, in community 1.88 0.97, 3.63 0.06 Library, in community 1.95 0.91, 4.18 0.08 Community Centre, in community 3.69 1.43, 10.50 < 0.01 Public Park, in community 1.78 0.73, 4.33 0.20 Median housing value ('0000s) 0.97 0.93, 1.00 0.07 Median household income ('000s) 1.03 0.99, 1.08 0.10 # School age children ('00s) 1.32 0.77, 2.28 0.30 • Low-income 1.11 0.97, 1.29 0.13 • New Dwellings (2011-16) 1.05 0.96, 1.15 0.30 • Residents 0.99 0.97, 1.01 0.50 • Move in last year 1.07 0.98, 1.18 0.15 • Move in last 5 years 0.99 0.93, 1.05 348 0.70 trr,� a�i,� fU,,, im�i I' a c 1 o llr s 2016 population is less than 1500 people OR = Odds Ratio 95% Cl = 95% Confidence Interval Bolded values are statistically significant N = 268 communities Akaike Info. Criteria = 321 Log -Likelihood = -143 Pseudo-Rz = 0.32 Bank, in community Grocery, in community Variety, in community Pharmacy, in community Doctor, in community Emergency Services, in community Library, in community Community Centre, in community Public Park, in community Median housing value ('0000s) Median household income ('000s) # School age children ('00s) % Low-income % New Dwellings (2011-16) % Residents • Move in last year • Move in last 5 years 3.17 1.46 1.80 2.46 2.25 2.78 1.64 1.08 1.88 0.99 0.97 1.21 0.89 1.17 1.01 0.97 0.99 1.55, 6.63 0.72, 2.95 0.92, 3.57 0.82, 8.51 0.91, 5.83 1.56, 5.01 0.86, 3.15 0.51, 2.27 1.00, 3.58 0.95, 1.03 0.92, 1.03 0.99, 1.51 0.70, 1.13 1.04, 1.32 0.99, 1.04 0.85, 1.12 0.91, 1.07 < 0.01 0.30 0.09 0.12 0.08 < 0.01 0.13 0.80 0.05 0.50 0.30 0.07 0.30 0.01 0.30 0.70 349 0.70 nwA a 9�wI�am�uuid�p lllkk i/,nttl�rt &d I IIV "m!Ndp IV ili �I�pA 2016 population is more than 1500 people OR = Odds Ratio 95% Cl = 95% Confidence Interval Bolded values are statistically significant N = 465 communities Akaike Info. Criteria = 347 Log -Likelihood = -156 Pseudo-Rz = 0.58 Bank, in community -1,552 -2,675, -429 < 0.01 Grocery, in community -1,057 -2,063, -50 0.04 Variety, in community 34 -918, 986 > 0.90 Pharmacy, in community -350 -1,554, 854 0.6 Doctor, in community -261 -1,525, 1,004 0.7 Emergency Services, in community -1,054 -1,945, -162 0.02 Library, in community -1,445 -2,351, -540 < 0.01 Community Centre, in community -1,106 -2,152, -61 0.04 Public Park, in community -613 -1,597, 371 0.20 Median housing value ('0000s) 36 -18, 91 0.20 Median household income ('000s) -47 -106, 12 0.12 # School age children ('00s) 28 -158, 215 0.80 • Low-income -153 -394, 89 0.20 • New Dwellings (2011-16) -73 -201, 55 0.30 • Residents -105 -136, -74 < 0.01 • Move in last year -197 -358, -74 0.02 • Move in last 5 years 37 -57, 132 0.40 Eastern Region, against Central 1,475 -75, 3,025 0.06 Northern Region, against Central 2,233 479, 3,986 0.01 Western Region, against Central 1,817 414, 3,219 350 0.01 mwiY IV asp )I,a iII �i c e )I'devw��l! uum �j)ry1 mi°i �o-rcaR& �� pbbp �o-rcaR& ��V �I ��i l' ��w+�llfi �r �� uuu �umU�- �� I� �umID � Ya Distance to nearest English Public or Catholic Elementary -Level School Beta = Coefficient of distance (metres) 95% Cl = 95% Confidence Interval Bolded values are statistically significant N = 733 communities Akaike Info. Criteria = 14651 Log -Likelihood = -7304 RI = 0.32 Bank, in community -1,469 -4,348, 1,410 0.30 Grocery, in community -536 -3,116, 2,044 0.70 Variety, in community -1,273 -3,714, 1,168 0.30 Pharmacy, in community -2,233 -5,319, 854 0.20 Doctor, in community -1,214 -4,456, 2,028 0.50 Emergency Services, in community -1,250 -3,535, 1,035 0.30 Library, in community 1,554 -768, 3,877 0.20 Community Centre, in community 215 -2,464, 2,895 0.90 Public Park, in community -427 -2,950, 2,095 0.70 Median housing value ('0000s) -69 -210, 71 0.30 Median household income ('000s) -9 -160, 142 > 0.90 # School age children ('00s) -642 -1,120, -163 < 0.01 %Low-income 473 -146, 1,093 0.13 • New Dwellings (2011-16) 447 119,775 < 0.01 • Residents -259 -340, -179 < 0.01 • Move in last year -414 -825, -2 0.05 • Move in last 5 years -83 -325, 159 0.50 Eastern Region, against Central -951 -4,925, 3,024 0.60 Northern Region, against Central 8,024 3,527, 12,521 < 0.01 Western Region, against Central -199 -3,975, 3,396 351 > 0.90 Distance tv Distance to nearest English Public or Catholic Secondary -Level School Beta = Coefficient of distance (metres) 95% Cl = 95% Confidence Interval Bolded values are statistically significant N = 733 communities Akaike Info. Criteria = 16032 Log -Likelihood = -7994 RI = 0.32 Discussion Housing value and median income Although it would be expected that both housing value and median income would be higher in communities that have a school present, our study has revealed that this is not the case. The most likely reason for higher housing values and median incomes in communities without schools is that there is a higher proportion of retirement age (or near retirement age) individuals in those communities without schools, while families may be seeking out cheaper communities with schools. • New dwelling effect This can be summarized as the 'chicken and the egg' effect. Although there are a higher percentage of schools where there are new dwellings (and vice -versa) it is not clear which came first. Ontario's system of capital construction for schools may mean that new development brings the land, and expected population, for a new school. • Main differences between communities with schools vs. communities without schools Communities with schools have more private amenities (Bank, Grocery, Variety, Pharmacy, Doctor) and public services (Emergency Services, Library, Community Centre, Public Parks) regardless of population. This indicates that the presence of a school promotes more private (re)investment in the community. In smaller communities and the elementary school level, the number of school age children in a community does not predict having a school. Data Sources DMTI Spatial. (2016). Enhanced Points of Interest. Retrieved from: htt r): //aeo.sc ho la rs porta IJ nf oj#r/d eta i IsLu ri @=56448532 Statistics Canada. (2016). Census of Population. Retrieved from Computing in the Humanities and Social Sciences Data Centre at the University of Toronto. o Statistics Canada. (2016). Designated Places. Catalogue no. 98-301-X Monday, January 17, 2022 at 15:29:01 Eastern Standard Time Subject: SWIFT Monthly Project Update - December 2021 Date: Monday, January 17, 2022 at 3:28:52 PM Eastern Standard Time From: Barry Field To: DG-WOWC CAOs, DG Contributing CAOs, jdavidson@london.ca CC: Jen Broos, Justin Bromberg Attachments: image007.png, image008.png SWIFT Board Members and CAOs, Please see the attached monthly project update for November 2021. Monthly Project Update All report data is as at I:: �eceiiryilbei- ail, 20'111 d I(l 1pus • Procurement o All contracts executed (96), projects announced, and implementation underway. o NOR-06-EXE split into two project to account for area along Long Point Causeway that may not be possible to construct due to it being a sensitive environmental area. • OXF-I2-EXE project transferred to Quadro and renamed OXF-1 O-QUAD. • Projects Completion Progress and Plan o Net 6 projects behind schedule o Late (9) ■ NOR-06-EXEC (Long Point) -Significant delays due to environmental permits / Contingency plan in place to use microwave backhaul but will reduce prems passed. Completion expected June 2022. 5% complete. ■ LAM-08-EXEC (Highland Glen) - Majority of project complete and in service. 2KM of fibre missed. ISP working on recovery plan for spring of 2022. 98% complete. ■ ESX-I8-TEKS (Stoney Point) - Delayed due to municipal permitting issues. 354 Page 1 of 4 Completion expected May 2022. 27% complete. ■ ESC-17-TEKS (Lighthouse Cove) - Delayed due to municipal permitting issues and aerial permitting issues with Hydro One. Completion expected August 2022. 58% complete. ■ CHK-02-TEKS (Tupperville) - Delayed due to confusion of pole ownership between Bell and Hydro One. Completion expected September 2022. 29% complete. ■ CHK-03-TEKS (Mitchell's Bay) - Delayed due to general resource availability and easement requirements on private roads. Completion expected April 2022. 40% complete. ■ LAM-07-COG (St. Clair) - Delayed due to subcontractor ceasing business operations. Completion expected March 2022. 80% complete. ■ LAM-1 O-EXEC (Bosanquet) - Delayed due to permitting issues. Completion expected June 2022. 77% complete. ■ WEL-03-COG (Belwood) - Delayed due to easement negotiations on CIRCA land. Completion expected July 2022. 86% complete. o Early (3) ■ CAL-03-VIAN (North East Caledon) - Project was scheduled to complete in March 2022 but was pulled into November 2021. ■ GRY-I9-WIGHT (Hanover) - Project was scheduled to complete in March 2022 but was pulled into December 2021. ■ GRY-03-EHTEL (Allan Park) - Project was scheduled to complete in December 2022 but was pulled into November 2021. o Other ■ DUF-04-BELL, BRU-I2-HURON, and MID-08-START -Project implementation is 100% complete but will not be reported as complete until inspections completed in January. o Note: Projects will not be marked as complete until SWIFT has completed inspection and issued final acceptance certificate. As such, projects may be physically complete and in service but will not be indicated as complete on this report. Projects d orn.pletc(Plan Actual) MI. Page 2 of 4 rGarrraca 4a,omramI ;,+w..urarar rora aST �V1, CTUaM • Premises Passed Progress and Plan o Net 1,317 premises behind schedule fro- mw» Passed (Plan vs. Ach..az.al� FD,()K) 40,00 w r..� df. 4 �d .J d Pl 4 'xJ ub:S (N C"N! N V;:'"J 04 04 C`N C*J C"Y 4'N C a I':"V �P M1'V 04 C-4 CV C"' C'^^U '��N +"''P ;"-0� 0.1�I {,'�,k {, k C", G'nd C"14 {."4 �':' r',, C*,U CV CFJ C',P ("V " ...,,� C Y rr 2�y "m '�qy,pp ® Planned ( Corrtra. ¢ t) uim Actal . Implementation Metrics (see attached monthly report for details) Contracts Executed 97 97 100% 1 Design Complete 84 97 87% - Construction Started 65 97 67% Construction 15 97 15% Complete In -Service 12 97 12% Premises Implemented 18,163 63,844 28% '201 Premises Serviceable 12,775 63,844 20%'.,'a" 356 Page 3 of 4 KMs of Fibre 1 1,435 1 4,251 1 34% 11 144 SSUE)S crl`IcJ IICiSIk:S • COVID-19 remains a risk for the SWIFT project • Need to keep an eye on potential supply chain issues • Resource Issues (construction resources) becoming a serious problem. • Utility locates delays • Permits C,ornrn ul it :: Iil0`1S UJD( ClIE:e We've updated and improved our online interactive project map to make it even more user-friendly. Additional project details and information have now been added to the map to make it a one -stop shop for residents looking to learn more about SWIFT funded projects. New features include: • Listing awarded ISP • Project ID numbers • Status of project Recent Announcements: • SWIII 1 IBiroc:: dbair <J [: rirotecf IBiriin s Gr«�,c:: ter C_'onnecfiiviif to C::��ufferin C'ounf ..........................................................................................................................................U.............................................................................................................................................................................................y.....................................................................................................................y • SWIIIFf IBiroc:: dbairycj IDirc.�°+��c:;f Eijn s Gir«�,c:: ter Cw:c.�irin cfiiviif fc. Cw:c::�ll ..........................................................................................................................................U..............................................................................................................................................................................................y............................................................................... • SWIIIFf Broadband E irc.�° c;fs Rc.�lllliiiry C::;uf � ;irc.�ss Niic::� c:;�irc:;� Fr ., iic:�iry ..........................................................................................................................................U...........................................................................................................................................................................................................:.......................... • SWIIIFf Broadband IDirc. tecf IBrin s Gir«�,c:: ter Cw:c.�iryinec;fiivH to Noirfolk C_'ouir t ..........................................................................................................................................U.............................................................................................................................................................................................y................................................................................................................y • SWIIIFf Broadband fDirtUecf E::>rcir <JrI Hh Speed ir teirir et to Moire I lornes in E::sseC',ouir t y .............................................................................................................................................................................................................................................. ...............................................................................................................................................................................................................x.................. • SWIIEFf Broadband ;f Sfc::�irfs Cw:c.�irysfiru ;fiic:�iry iiiry d hiic:�c:�ll s >r Cw:c.�uiryf ..........................................................................................................................................U.....................................................................................................................................................................................................................................................................................y. • SWIIE 1 IBroc:: dbr::�iryc: E::::>r.. c::�nsiio f rc. ° ;fs C_'oiryfinue to Move Foirvvaird in 0)(ford C',ounf .......................................................................................................................................................................................................U............................................................................................................................................................................................................................................................................................................................y • SWIIEFf Announces Cw'onsfirucfion Stairf cairn I H h .S .. ,�.,,�.,d E iibire O .. fiic fDirc. tecfs in I luiroin County ..................................................................................................................................................................................................................................................................................................IE........................................................................................................................U.................................................................................................................................y Regards, Ilallrlll' allld Executive Director Southwestern Integrated Fibre Technology IIw 519.914,1308..,,,ext.3 ( Cw 519.319..I1 12 789 Broadway Street, Wyoming, ON NON 1 TO v✓v✓v✓ s wJll r r ( !J.br o (.:.i d lrb( it.-] d c (.. �u��HmuU 357 Page 4 of 4 94.1 ;.:.J fill M&* "', Ooomtov 4L EIg,l flraoe,ssNe by Natwe Elgi�in I 1� o im es SUPPORTING TECHNOLOGY AND TELEPHONE VISITS The C-l'ounLy of Elgin Horner realize LhaL These are challenging Lifnes and wish Lo ensure individuals have access Lo visiLs with Lheir loved ones. We conLinue Lo supporL and encourage Lec ) )o og I r I y visiLs Through Zoorn, FaceLirne, Facebook, Skype, and Lelephone calls. To book a visiL, please geL in Touch with The Horne specific RecreaLion Tearn aL: Terrace Lodge Llrec( tLIgin.ca or 519 641 -9135 Elgin Manor ernrec(a lginxa or 226 377-6564 Bobier Villa bvre C tLl g r .L —).ca or 519 671-0289 r 1 einirace 1� odge CONSTRUCTION IS TAKING SHAPE The Terrace Lodge Redeveloprner)L SLeering has been working diligerffly with Lhe aupor-L of C-l'ounLy C-l'ouncil Lo ensure Lhe Terrace Lodge Redeveloprner)L Projed conLinues iLs sLeady progress. Below are a few exciLing phoLographs of Lhe projed Laker) in December 2021. Ministry of Ministere des Municipal Affairs Affaires municipales and Housing et du Logement Office of the Minister Bureau du ministre® 777 Bay Street, 17`h Floor 777, rue Bay, 17' etage Ontario Toronto ON M7A 2J3 Toronto ON M7A 2J3 Tel.: 416 585-7000 Te1.: 416 585-7000 234-2022-61 Dear Head of Council: The supply of housing in Ontario has not kept up with demand over the past decade and everyone has a role to play in fixing Ontario's housing crisis. More than ever, we need municipalities, non -profits and private industry to work with us to encourage the building of different kinds of housing — so that Ontario families have more affordable options. To help support this important priority, I am pleased to provide you with an update on recent changes our government has made to help streamline and simplify Ontario's planning system. Bill 13, the Supporting People and Businesses Act, 2021 Schedule 19 of Bill 13, the Supporting People and Businesses Act, 2021 came into force December 2, 2021 upon royal assent. Changes have been made to help streamline the planning system and, in some cases, help shorten approval timelines by providing municipal councils broader authority to allow more planning decisions to be made by committees of council or staff. Municipalities can now, subject to having appropriate official plan policies, delegate decisions dealing with minor amendments to zoning by-laws, such as temporary use by-laws and the lifting of holding symbols, should they choose to. You can find more information about these changes on the Environmental Registry of Ontario (019-19) and the Regulatory Registry (21 -M MAH025)and some frequently asked questions are provided below. At this time, I encourage you to review and update your existing delegation policies and consider exercising this new authority to help streamline your decision -making processes, and free up council's valuable time to focus on other more strategic matters. Bill 276, the Supporting Recovery and Competitiveness Act, 2021 As you know, we also recently made Planning Act changes related to control of the division of land, including subdivision control, plans of subdivision, consents and validations through Bill 276, the Supporting Recovery and Competitiveness Act, 2021, which received Royal Assent on June 3, 2021. 1 am writing to confirm that Schedule 24 of Bill 276 and associated regulations came into force on January 1, 2022. We are proud to make these changes, which will help save time and money for those involved in the land division approval process, including municipalities, landowners, purchasers and some lease holders. Our changes will continue to protect Ontarians when they buy and sell property, while making the rules of subdivision control clearer and simpler. .32 0-YA -2- Your municipality may wish to consider whether adjustments to your land division application and review processes to align with the changes would be beneficial. More information about these changes and the feedback we received during our consultation can be found on the Environmental Registry of Ontario (01-395 and 019- 3953) and Regulatory Registry (Proposal 21-MMAH008 and Proposal 21- A015). Some frequently asked questions are provided below. Any further questions about the changes to the Planning Act and related regulations can be directed to ProvincialPlannin _ontario.ca. Sincerely, Steve Clark Minister c: Chief Administrative Officer M-A] FAQs Schedule 19 (Planning Act) to Bill 13, the Supporting People and Businesses Act, 2021 What changes have been made to the Planning Act? • Changes to the Planning Act, Municipal Act, 2001 and City of Toronto Act, 2006 provide municipalities with discretionary authority to delegate additional decisions to committees of council or municipal staff for minor amendments to zoning by- laws like: o Temporary use by-laws o Lifting of holding provisions • Before matters may be delegated, official plan policies will need to be developed to establish the type of minor zoning by-law amendments that may be delegated, such as authorization of temporary uses, the lifting of a holding symbol, and other minor zoning by-law amendments. What types of "minor" amendments to a zoning by-law may be delegated? • If a municipality would like to use this authority, official plan policies will need to be established to scope and define the types of "minor" zoning amendments that may be delegated. This could include matters like temporary use by-laws and by- laws lifting holding provisions. • This approach is intended to allow for a locally tailored approach that reflects input from the public. What types of conditions could council apply when delegating its authority? • Council will have the ability to apply conditions on the delegation of its decision(s). These conditions would be determined locally when the official plan policies and implementing by-law for the delegation are being developed. Will this new delegation authority alter the public meeting or appeal rights of the matters delegated? • The delegation of additional planning matters would not alter any notice or public meeting requirements or limit appeal rights. What other planning decisions can be delegated? • Under the Planning Act, municipal council can delegate the following decisions to a committee of council, staff, or, in some cases, a committee of adjustment: o Community planning permit system permits o Approval of adopted lower -tier official plan amendments o Plans of subdivision and condominiums o Consents o Site plan o Validations • Other planning matters, such as administrative functions related to by-laws, may be delegated by council based on the delegation provisions in the Municipal Act, 2001 (or City of Toronto Act, 2006). Schedule 24 (Planning Act) to Bill 276, the Supporting Recovery and Competitiveness Act, 2021 What changes will be made to the Planning Act? • The changes include technical, administrative and policy changes to provisions in sections 50, 51, 53, 54, 55 and 57 of the Planning Act related to control of the division of land, as well as other housekeeping or consequential changes. • Upon proclamation, the changes will: o provide new exceptions to subdivision control and part lot control (i.e., exceptions from the need for land division approval) — for example, by preventing parcels from merging with other lands in certain circumstances o change the plan of subdivision process — for example, by aligning the requirements for public notice, information, and public meetings with other instruments under the Act o change the consent application process — for example, by requiring a municipality or the Minister, where requested, to issue a certificate for the retained land in addition to providing a certificate for the lands that are subject to the consent application, and o make other changes regarding subdivision control and its related processes — for example, by requiring that a decision on a validation conform with the same criteria which are applicable to consents. What changes will be made with respect to "lot mergers"? • Changes will be made to the subdivision control provisions to prevent lots from merging where lands were previously owned by, or abutted land previously owned by, joint tenants and where the ownership would have otherwise merged as a result of the death of one of the joint tenants. • Outside of a "death of a joint tenant" scenario, lot mergers will continue to occur. What changes will be made to the consent application process? • Changes will be made to the consent application process to, for example: o permit a purchaser of land or the purchaser's agent to apply for a consent o establish a new certificate of cancellation o provide for certificates to be issued in respect of retained land in addition to the lands that are subject to the consent application o provide for a standard two-year period during which the conditions of a consent must be satisfied, and o permit a consent application to be amended by an applicant prior to a decision about the consent being made by the consent -granting authority. Municipalities may need to modify or update certain administrative processes as a result of some of these changes. What is a certificate for retained land? • Changes to the Planning Act will provide for a consent -granting authority to issue a certificate for the retained land (the other part of the parcel approved through the land division process) resulting from certain consents. • This certificate will show that the retained land has "consent" status. • An applicant will need to specify in their application whether they are requesting a retained land certificate, and if so, require that a statement from a solicitor Ki1*7 confirming the extend of the owner's retained land be included as part of that application. What is a certificate of cancellation? In some situations, the original consent granted for a parcel of land may no longer be wanted or needed. This could occur, for example, where a parcel created by consent may need to be widened to accommodate a driveway. In these cases, the original consent may need to be cancelled to ensure the revised parcel will function as a single unit. Changes to the Planning Act will allow owners to apply to the consent -granting authority for a certificate of cancellation for a parcel that was previously severed with a consent. The consent -granting authority may also require the owner to apply as a condition of approval. Once a certificate of cancellation is issued, the parcel would be treated as though the previous consent had not been given. This could mean that the parcel would merge with neighbouring lands that are owned by the same person. What considerations need to be applied to validation requests? • A validation can be used in place of obtaining a consent to the contravening transaction (transfer or other transaction that was made in breach of the Planning Act requirements) in certain situations; for example, where the landowners at the time of the contravention are not available to sign the new transfer documents. • The validation allows the validation authority to consider each situation on its merits and decide whether a request to validate title should be supported. The validation authority may, as a condition to issuing the validation, impose conditions as it considers appropriate. Bill 276 will make changes to require that a decision regarding a validation must conform with the same criteria which are applicable to consents, for example: o having regard to provincial interests and the land division criteria set out in the Planning Act o ensuring the validation is consistent with the Provincial Policy Statement and conforms, or does not conflict, with provincial plans, and o ensuring the validation conforms with all applicable official plans. January 20, 2022 The Honourable Doug Ford, M.P.P. Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Sent via email: pirirmiiir�cinQiriip p Re: Resolution respecting Joint and Several Liability, AMO Recommendations Please take notice that at their Regular (Virtual) Meeting of Council on January 19, 2022, the Council of the Town of Aylmer considered the aforementioned topic and approved the following resolution: WHERAS the cost of municipal insurance in the Province of Ontario has continued to increase — with especially large increases going into 2021; and WHERAS Joint and Several Liability continues to ask property taxpayers to carry the largest part of damage awards when a municipality is found at minimum fault; and WHERAS these increases are unsustainable and strain resources for critical municipal services; and AND WHEREAS the Association of Municipalities of Ontario (AMO) has previously outlined seven recommendations that would address some of the above insurance issues including: 1. The provincial government adopt a model of full proportionate liability to replace joint and several liability. 2. Implement enhancements to the existing limitations period including the continued applicability of the existing 10-day rule on slip and fall cases given recent judicial interpretations, and whether a 1-year limitation period may be beneficial. 3. Implement a cap for economic loss awards. 4. Increase the catastrophic impairment default benefit limit to $2 million and increase the third -party liability coverage to $2 million in government regulated automobile insurance plans. 5. Assess and implement additional measures which would support lower premiums or alternatives to the provision of insurance services by other entities such as non-profit insurance reciprocals. 6. Compel the insurance industry to supply all necessary financial evidence including premiums, claims, and deductible limit changes which support its, and municipal arguments as to the fiscal impact of joint and several liability. 7. Establish a provincial and municipal working group to consider the above and put forward recommendations to the Attorney General. 367 THEREFORE BE IT RESOLVED THAT the Council of the Town of Aylmer calls on the Honourable Doug Ford, Premier of Ontario to establish a working group to consider the recommendations proposed by AMO, craft a workable risk management solution for municipalities and implement reforms within the Insurance Industry. AND FURTHER THAT Council request the Province of Ontario provide municipalities with appropriate grant funding until such time as there are adequate reforms within the insurance industry to alleviate the burden upon the municipal taxpayer. AND FURTHER THAT Council send a copy of this resolution to the Honourable Doug Ford, Premier of Ontario, the Honorable Jeff Yurek, MPP Elgin -Middlesex -London, AMO, and the County of Elgin. Thank you, Owen Jaggard Deputy Clerk / Manager of Information Services I Town of Aylmer 46 Talbot Street West, Aylmer, ON N5H 1J7 519-773-3164 Ext. 4913 1 Fax 519-765-1446 ojaggard@town.aylmer.on.ca I rj[ner.ca CC: Honorable MPP Jeff Yurik (jeff.yurek@pc.ola.org) County of Elgin (!k.I 2.En„p in llgiiin fig) AMO (resolutions@amo.on.ca) 368 February 4, 2022 Thames Valley District School Board 1250 Dundas Street London, ON N5W 5P2 County of Elgin 450 Sunset Drive St. Thomas ON N5R 5V1 Sent via email:1nfo tvsb..a �em��1.9!�:�a ......h�� .1r......�k.!...Re: Thames Valley District School Board Trustee Distribution for the 2022- 2026 Please take notice that at their Regular (Virtual) Meeting of Council on February 2, 2022, the Council of the Town of Aylmer considered the aforementioned topic and approved the following resolution supporting the designation of Middlesex County by Board resolution as a low population municipality: That Report CAO 12-22 entitled Thames Valley District School Board Trustee Distribution for the 2022- 2026 be received for information; and, That the Town of Aylmer support the designation of Middlesex County by Board resolution as a low population municipality; and THAT a copy of the resolution be forwarded to Elgin County Council, and the Thames Valley District School Board. Thank you, Owen Jaggard Deputy Clerk / Manager of Information Services I Town of Aylmer 46 Talbot Street West, Aylmer, ON N5H 1J7 519-773-3164 Ext. 4913 1 Fax 519-765-1446 ojaggard@town.aylmer.on.ca I 369 CLOSED MEETING AGENDA February 8, 2022 Staff Reports: 1) County Solicitor and General Manager of Engineering, Planning and Enterprise — Municipal Act Section 239 (2) (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. 2) Senior Counsel — Municipal Act Section 239 (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. 3) Chief Administrative Officer —Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations — Organizational Review. 0191 COUNTY OF ELGIN By -Law No. 22-09 "BEING A BY-LAW TO ESTABLISH REMUNERATION RATES FOR EMPLOYEES COVERED BY THE JOB EVALUATION SCALE" WHEREAS pursuant to Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, a municipal power, including a municipality's capacity, rights, powers and privileges under Section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS pursuant to Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the said Municipal Act, 2001 or any other Act; AND WHEREAS pursuant to Section 8(1) of the Municipal Act, 2001, S.O. 2001, c.25, broad authority is conferred on a municipality to enable governance of its affairs as considered appropriate; AND WHEREAS By -Law No. 21-13 has most recently established remuneration rates for positions not covered by a collective agreement or otherwise; AND WHEREAS it is necessary to establish or to make changes to the remuneration rates for and to be paid to the persons currently holding those positions. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. That the attached Schedule "A" and Schedule "B" be and the same are hereby adopted to establish the remuneration rates for persons employed in the positions referenced therein. 2. That the remuneration rates provided in Schedules to this By -Law shall become effective on and for the first pay period of and for calendar year 2022. 3. That By -Law No. 21-13 be and the same is hereby repealed. 4. That this By -Law becomes effective upon the date of its enactment after third reading thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8th DAY OF FEBRUARY 2022. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 371 SCHEDULE"A" By -Law No. 22-09 POSITION LISTING 1) ADMINISTRATIVE SERVICES Chief Administrative Officer Level 18 Senior Counsel Level 14 Manager of Administrative Services Level 9 Corporate Communications & Engagement Coordinator Level 6 Legislative Services Coordinator Level 5 Tree/Weed Inspector/By-Law Enforcement Officer Level 5 Legal Assistant Level 5 Administrative Assistant / County Administration Reception (contract) Level 3 2) COMMUNITY & CULTURAL SERVICES Director of Community & Cultural Services Level 14 Library Coordinator Level 8 Manager of Museum and Archives Level 7 Branch Supervisor Level 6 Digital Services Librarian Level 6 Assistant Archivist Level 5 Archivist Assistant Level 4 Administrative Assistant Level 3 Museum Assistant Level 3 3) FIRE TRAINING & COMMUNITY EMERGENCY MANAGEMENT Manager of Emergency Management Level 12 Administrative Assistant Level 3 4) FINANCIAL SERVICES Director of Financial Services Level 15 Manager of Financial Services Level 10 Senior Financial Analyst Level 8 Purchasing Coordinator Level 8 Manager of Court Services Level 7 Financial Analyst Level 5 Provincial Offences Administrative Clerk Level 5 Financial Services Administrative Assistant Level 3 Provincial Offences Administrative Assistant Level 3 5) INFORMATION TECHNOLOGY SERVICES Director of Information Technology Services Level 14 Manager of Information Technologies Level 12 Information Technologies Coordinator Level 8 Senior Network Analyst Level 7 Network Analyst Level 5 6) HUMAN RESOURCES Director of Human Resources Level 14 Manager of Human Resources Level 10 Human Resources Coordinator Level 8 Human Resources Assistant Level 6 Accessibility Coordinator Level 6 7) LONG-TERM CARE HOMES Director of Homes & Seniors Services Level 15 Administrator Level 14 Manager of Resident Care Level 12 Manager of Support Services Level 8 Manager of Program and Therapy Services Level 8 Quality Improvement Coordinator Level 7 Resident Care Coordinator Level 7 Administrative Assistant Level 3 8) ENGINEERING, PLANNING & ENTERPRISE: General Manager of Engineering, Planning and Enterprise Level 16 Manager of Transportation Services Level 12 Manager of Planning Level 12 Manager of Economic Development & Tourism Level 12 Manager of Corporate Facilities Level 10 Senior Engineering Design & Construction Technologist Level 9 Economic Development Officer Level 7 Planner (West Elgin / Southwold) (contract) Level 7 Tourism Services Officer Level 6 GIS / Asset Management Coordinator Level 6 Building Sciences Technologist Level 6 Planning Technician Level 4 Administrative Assistant (Engineering, PlannMg & Enterprise) Level 3 Schedule "B" By -Law No. 22-09 2022 Non -Union Salary Grid (Revised January 13, 2022) Salary Level Annual Salary at Base Rate (Base) Step 1 Step 2 Step 3 Step 4 (Job Rate) Step 5 Annual Salary at Job Rate 18 172,991.00 95.05 98.85 102.80 106.91 111.19 202,365.80 17 157,138.80 86.34 89.79 93.38 97.12 101.00 183,820.00 16 144,162.20 79.21 82.38 85.67 89.10 92.66 168,641.20 15 132,277.60 72.68 75.59 78.61 81.75 85.02 154,736.40 14 126,471.80 69.49 72.27 75.16 78.17 81.30 147,966.00 13 115,406.20 63.41 65.95 68.59 71.33 74.18 135,007.60 12 104,304.20 57.31 59.60 61.98 64.46 67.04 122,012.80 11 96,496.40 53.02 55.14 57.35 59.64 62.03 112,894.60 10 88,652.20 48.71 50.66 52.69 54.80 56.99 103,721.80 9 81,790.80 44.94 46.74 48.61 50.55 52.57 95,677.40 8 74,911.20 41.16 42.81 44.52 46.30 48.15 87,633.00 7 71,981.00 39.55 41.13 42.77 44.48 46.26 84,193.20 6 65,574.60 36.03 37.47 38.97 40.53 42.15 76,713.00 5 59,022.60 32.43 33.73 35.08 36.48 37.94 69,050.80 4 55,218.80 30.34 31.55 32.81 34.12 35.48 64,573.60 3 52,634.40 1 28.92 30.08 31.28 32.53 33.83 1 61,570.60 373 COUNTY OF ELGIN By -Law No. 22-10 "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" WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants municipal power to exercise its capacities, rights, powers, and privileges by by law-, AND WHEREAS Section 8(1) of the said Act also confers broad authority to municipalities to govern its affairs as it considers appropriate; AND WHEREAS Section 9 of the said Act also confers upon a municipality the right, power, and privileges of a natural person for the purpose of exercising its authority under that or any other Act, which right, power, and privileges include the authority to enter into and execute agreements; AND WHEREAS the Government of Ontario ("Ontario") has established and funded the Municipal Modernization Program as a provincial program designed, among other purposes, to support municipalities in delivering modern and efficient services; AND WHEREAS Elgin County has applied for financial support under the Municipal Modernization Program to fund the implementation of an integrated Human Capital Management software platform and Call -In system with the goals of eliminating manual processes, improving scheduling, and decreasing overtime to realize cost -savings and efficiencies, and Ontario has approved the said Project for financial support to a maximum contribution of $125,674.00-1 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 Municipal Affairs and Housing; 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. 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 Municipal Affairs and Housing and the Corporation of the County of Elgin in respect of the financial support to fund the implementation of an integrated Human Capital Management software platform and Call -In system through the Municipal Modernization 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 Municipal Affairs and Housing and the Corporation of the County of Elgin in respect of the financial support to fund the implementation of an integrated Human Capital Management software platform and Call -In system through the Municipal Modernization 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 8T" DAY OF FEBRUARY 2022. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. COUNTY OF ELGIN By -Law No. 22-11 "BEING A BY-LAW TO ADD HIGHWAYS, INCLUDING LOWER TIER HIGHWAYS, TO THE HIGHWAY SYSTEM FOR ELGIN COUNTY" WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular s. 52(1), authorizes an upper tier municipality to add a lower tier highway to the highway system of the said upper tier; AND WHEREAS the Corporation of the County of Elgin proposes to add specified highways currently under the registered ownership of The Corporation of the Township of Malahide to the highway system of the said County of Elgin; NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT pursuant to section 52 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the portions of the highways set forth and identified in Schedule "A" hereto and as depicted in Schedule "B" hereto be and same are hereby added to the highway system of the Corporation of the County of Elgin. READ A FIRST AND SECOND TIME THIS 8th DAY OF FEBRUARY, 2022. READ A THIRD TIME AND FINALLY PASSED THIS 8th DAY OF FEBRUARY, 2022. Julie Gonyou, CAO Mary French, Warden Krcy SCHEDULE "A" Item Road Number or Road Name Description Bank Street, known as Dexter Line Between the south bank of Catfish Creek and Colin Street OrM SCHEDULE "B" HIGHWAYS TO BE ASSUMED INTO COUNTY OF ELGIN HIGHWAY SYSTEM HIGHLIGHTED 378