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Correspondence Agenda - 2020/11/19 The Corporation of the Township of Malahide CORRESPONDENCE AGENDA November 19, 20207:30 p.m. Correspondence: AssociationofMunicipalities of Ontario-WatchFiledatedNovember5and 12,2020.(PagesC3-8) CityofHamiltonResolutionrequestingtheamendmentofAGCOLicensing andApplicationprocess for cannabis retail storestoconsiderradialseparation fromothercannabis locations.(PagesC9-11) TownofGrimsbyResolutionrequestingtheProvincetoamendSchedule11 ofBill 108 regardingchangestoLocal Planning AppealTribunalandreturn final decision authoritytomunicipal councils. (PagesC12-25) MunicipalityofSt.CharlesResolutionrequestingthe Province tochampion theimplementationofbroadbandintheunder-servedareasoftheMunicipality ofSt.Charles.(PageC26) TownofPlympton-WyomingResolutionsupportingtheTownshipofLoyalist regardingfundingfor community groups and serviceclubs affected by pandemic.(PageC27-29) CountyofPrinceEdwardResolutionrequestingtheProvincetorespect Ontariomunicipalitiesabilitytoapplysoundrepresentativeprinciplesintheir executionofelections.(PageC30-31) TownshipofAmaranth,CityofBrantfordResolutionrequestingthe Province torescindtheproposedchangesregardingrankedballotvotingandthe nominationperiodincludedaspartofBill 218. (PagesC32-35) Township of EastGarafraxaResolutionrequestingtheProvincetowork withMunicipal Property AssessmentCorporationto address the assessment issuerelatingtoaggregateresources. (PagesC36-37) CityofBellevilleResolutionrequestingtheProvincetoprovidefunding support and trainingresourcesto municipalities to meet the Accessibility for OntarianswithDisabilitiesAct.(PagesC38-39) MunicipalityofCentral Elgin Planningnotices for Zoning By-law Amendments related to thefollowingproperties: -42025 McBain Line. (PageC40) -220 Prospect Street. (PageC41) 3 Diana Wilson From:AMO Communications <Communicate@amo.on.ca> Sent:November 5, 2020 10:01 AM To: Diana Wilson Subject:AMO WatchFile - November 5, 2020 AMO WatchFile not displaying correctly? View the online version Add Communicate@amo.on.ca to your safe list November 5, 2020 In This Issue -Accessible municipal websites. -eSCRIBE’s Ontario Made certification. -Federal Rapid Housing Initiative - Applications open. -ROMA 2021: Request for delegation meetings is open! -ROMA 2021: Exhibitor information now available. -City of Brampton Economic Empowerment and Anti-Black Racism Conference. -The "Echo" Pandemic: Supporting employee mental health in wake of COVID-19. -AMO partner webinar: Digital Contract Tracing Solutions. -LAS Blog: LAS Natural Gas Program price change notice. -Upcoming Municipal Group Buying Program webinars. -Investments 101 - Online training. -Careers. AMO Matters Need an AODA compliant municipal website in time for January 1, 2021? AMO’s partner eSolutionsGroup has you covered. eSolutionsGroup is offering members engaging and accessible municipal websites on a budget. Contact Karen Mayfield, eSolutionsGroup President, for more information. AMO’s digital meeting management and livestreaming partner, eSCRIBE, has recently been accepted as part of the Ontario Made Program by the Canadian Manufacturers & Exporters. Read the message from eSCRIBE’s CEO, Rob Treumann. Federal Matters The federal government has released details to create new affordable housing for people and populations who are vulnerable and opened up the application process for the new Rapid Housing Initiative. Municipal governments and housing providers are eligible to apply. The deadline is December 31, 2020. 1 4 Eye on Events Delegates attending the 2021 ROMA Conference can now request their virtual delegation meetings with minister’s or parliamentary assistants at the ROMA conference. You must be a registered delegate to participate in these meetings. Put your products and services front and centre at the 2021 ROMA Conference for rural municipal decision makers. Exhibitor information is now available - register today! On November 10 join the City of Brampton, AMO and more than 20 municipalities for the first ever virtual municipal conference on breaking down economic barriers and addressing anti-black racism. Register now for an opportunity to join in this important discussion. The mental health of your employees is at risk from impacts of the COVID-19 pandemic. Join AMO’s partner BEACON for a complimentary webinar on November 12 at noon (ET), which will describe the critical principles municipalities should embrace to help employees protect, nurture, and improve their mental health in the post-COVID reality. To help your municipality with contact tracing during the pandemic, AMO’s partner eSolutionsGroup is hosting a complimentary webinar on digital solutions to help you screen, track and detect COVID-19. Join us on November 26 at noon for more information. LAS The LAS Natural Gas Program has issued a pricing update for the November 2020 - October 2021 period. Check out the LAS Blog to learn more. Join our webinars to learn how the Municipal Group Buying Program helps our municipalities save time and money. Register here to learn about technology solutions from CDW on November 18 and and register here to learn about fire equipment (PPE, etc.) on December 2. ONE Investment Learn at your pace from your place in 2020 by registering online for the Investments 101 course. The course is developed to educate municipal staff on the fundamentals of investing and discusses options available to municipalities under the Legal List and Prudent Investor Standard. Careers Chief Administrative Officer - County of Essex. For more information on this position, please visit CAO Recruitment. To apply for this leadership opportunity please submit a resume and cover letter to CAORecruitment@countyofessex.ca no later than 4:00 p.m., November 16, 2020. Senior Policy & Business Analyst - Ministry of the Attorney General. Division: Court Services. Job Term: 1 Temporary up to 12 months (with possible extension). Location: Toronto. Job ID 155034. Apply by: 11:59 p.m., Wednesday, November 18, 2020. To view the job description and to apply online, please see Ontario Public Service Careers. 2 5 Deputy Clerk - Town of Lincoln. Reports to: Director of Legislative Services/Town Clerk. Qualified candidates can forward their resume by Monday, November 23, 2020 to resume@lincoln.ca noting the position in the subject line, or apply online by using the Career Application Form. Director, Planning & Development - County of Bruce. Reports to the Chief Administrative Officer. Location: Walkerton. Interested applicants should review the entire job posting, and then apply online at Bruce County, following the outlined process. Deadline for applications is 12:00 midnight on Sunday, November 29, 2020. Chief Administrative Officer - Township of Tiny. Join our community and lead a dedicated team which strives to make Tiny the best place to live, work and play. Visit Township of Tiny for a detailed job description. To explore this opportunity, please apply by 12 noon on November 30, 2020 to: Township of Tiny, 130 Balm Beach Road West, Tiny, ON L0L 2J0, Attention: Human Resources Department. Email: humanresources@tiny.ca. About AMO AMO is a non-profit organization representing almost all of Ontario's 444 municipal governments. AMO supports strong and effective municipal government in Ontario and promotes the value of municipal government as a vital and essential component of Ontario's and Canada's political system. Follow @AMOPolicy on Twitter! AMO Contacts AMO Watch File Tel: 416.971.9856 Conferences/Events Policy and Funding Programs LAS Local Authority Services MEPCO Municipal Employer Pension Centre of Ontario ONE Investment Media Inquiries Tel: 416.729.5425 Municipal Wire, Career/Employment and Council Resolution Distributions *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Association of Municipalities of Ontario Please consider the environment 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 before printing this. To unsubscribe, please click here 3 6 Diana Wilson From:AMO Communications <Communicate@amo.on.ca> Sent:November 12, 2020 10:01 AM To: Diana Wilson Subject:AMO WatchFile - November 12, 2020 AMO WatchFile not displaying correctly? View the online version Add Communicate@amo.on.ca to your safe list November 12, 2020 In This Issue - Seeking expressions of interest for 2 municipal staff vacancies on AMO Board. - Accessible municipal websites. - New Inclusive Community Grant: Applications open. - ROMA 2021: Request for delegation meetings is open! - ROMA 2021: Exhibitor information now available. - The "Echo" Pandemic: Supporting employee mental health in wake of COVID-19. - Keeping up with Ontario legislation: Digital solutions to support your municipality. - LAS procurement goes digital. - AMO’s Business Services help you work better. - Group Buying Webinars: Last ones for 2020! - Investments 101 - Online training. - Technation’s Municipal Cybersecurity Best Practices event. - Career with AMO. AMO Matters There are 2 vacancies on the AMO Board: staff positions on Rural and Large Urban Caucuses. Details about qualifications and appointment process are here. Deadline, including Council resolution, is November 30. Need an AODA compliant municipal website in time for January 1, 2021? AMO’s partner eSolutionsGroup has you covered. eSolutionsGroup is offering members engaging and accessible websites on a budget. Contact Karen Mayfield, eSolutionsGroup President, for more information. Provincial Matters Through the new Inclusive Community Grant, municipalities and local organizations can receive up to $60,000 for projects that facilitate community involvement for seniors and persons with disabilities. Applications will be accepted until December 21, 2020. For more information and to apply, visit the Ontario website. 1 7 Eye on Events Delegates attending the 2021 ROMA Conference can now request their virtual delegation meetings with ministers or parliamentary assistants at the ROMA conference. You must be a registered delegate to participate in these meetings. Put your products and services front and centre at the 2021 ROMA Conference for rural municipal decision makers. Exhibitor information is now available - register today! The mental health of your employees is at risk from impacts of the COVID-19 pandemic. Join AMO’s partner BEACON for a complimentary webinar on November 12 at noon (ET), which will describe the critical principles municipalities should embrace to help employees protect and improve their mental health in a post-COVID reality. AMO’s partner eSolutionsGroup is hosting a complimentary webinar on available products and services for the AODA legislation deadline of January 1, 2021 and digital solutions to help you screen, track and detect COVID-19. Join us on November 26 at noon for more information. LAS LAS is improving its purchasing efficiency by switching to eSolutions’ Bids&Tenders eProcurement paltform. LAS bids undertaken on behalf of the municipal sector will now be managed online. We will continue to use MERX when co-posting bids with our sister associations across Canada. Check out our Bid Opportunities page for more information. Overburdened by procurement and trying to find the best products? As AMO’s business arm, LAS offers municipalities a range of programs and services designed to help. From Administration and Commodities to Energy, Asset, and Digital services, we’ve got you covered. Make LAS your go-to municipal partner. Municipal Group Buying Program webinars: Join us November 18 to hear from CDW about technology offerings to keep municipalities working efficiently. Join us December 2 when Grainger and Motion Industries present on fire equipment, including bunker gear and rescue equipment. Watch for more webinars in 2021! ONE Investment Learn at your pace from your place in 2020 by registering online for the Investments 101 course. The course is developed to educate municipal staff on the fundamentals of investing and discusses options available to municipalities under the Legal List and Prudent Investor Standard. Municipal Wire* If you are a municipal leader interested in improving the cybersecurity resilience of your community, register for Technation's Municipal Cybersecurity Best Practices event on November 20, 1 pm to 4 pm (ET). This is a complimentary event and participation is capped at 100. Save your seat! Careers 2 8 Policy Intern - AMO. Assisting senior advisors and the Director of Policy, the successful candidate will support AMO’s policy development process. Please apply in confidence to: careers@amo.on.ca by Friday, December 18, 2020 at 12 noon. About AMO AMO is a non-profit organization representing almost all of Ontario's 444 municipal governments. AMO supports strong and effective municipal government in Ontario and promotes the value of municipal government as a vital and essential component of Ontario's and Canada's political system. Follow @AMOPolicy on Twitter! AMO Contacts AMO Watch File Tel: 416.971.9856 Conferences/Events Policy and Funding Programs LAS Local Authority Services MEPCO Municipal Employer Pension Centre of Ontario ONE Investment Media Inquiries Tel: 416.729.5425 Municipal Wire, Career/Employment and Council Resolution Distributions *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Association of Municipalities of Ontario Please consider the environment 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 before printing this. To unsubscribe, please click here 3 9 10 11 12 Report To:Committee of the Whole Meeting Date:October 19, 2020 Subject:Proposed Regulation under the Ontario Heritage Act (Bill 108) Recommendation(s) 1.That the Report PA20-22datedOctober19, 2020, be received and 2.That the report be endorsed and submitted to the Province, along with the followingmotion, as the Town of Grimsby’s comments to the Environmental Registry. WHEREAS Royal Assent has been granted to Bill 108 entitled ‘More Homes, More Choice Act, 2019’ on June 6, 2019; and, WHEREAS Schedule 11 of Bill 108 contains amendments to the Ontario Heritage Act which require appeals under the Ontario Heritage Act to be heard by the Local Planning Appeal Tribunal not the Conservation Review Board; and, WHEREAS the Conservation Review Board is an adjudicative tribunal that, through the mandate provided by the Ontario Heritage Act, considers a number of matters such as: •The proposed designation of a property as having culturalheritage value or interest; •Applications for the repeal of a By-law on a specific property; •Applications related to the alteration of a property covered by a By-law; and, •Matters related to archaeological licensing. AND, WHEREAS Schedule 11 of Bill 108 will come into effect on a date to be proclaimed by the Lieutenant Governor; and, WHEREAS the Local Planning Appeal Tribunal are not experts in heritage matters unlike members of the Conservation Review Board; and, WHEREAS the Local Planning Appeal Tribunal decisions are binding decisions unlike the Conservation Review Board non-binding recommendations; and, 13 WHEREAS the Ontario Heritage Act provides a means for municipalities to protect and preserve the cultural heritage value or interest of the municipality for generations to come; and, WHEREAS the Conservation Review Board currently provides reports to municipal council’s setting out its findings of fact, and its recommendations so that a final decision can be rendered by municipalities about what is valuable in their community; WHEREAS the Town of Grimsby remains committed to the preservation and protection of property of cultural heritage value or interest; NOW THEREFORE BE IT RESOLVED THAT the Town of Grimsby strongly recommends that Schedule 11 of Bill 108 be amended to remove the powers provided to the Local Planning Appeal Tribunal, retaining authority for hearing certain appeals by the Conservation Review Board; and, BE IT FURTHER RESOLVED THAT the Town ofGrimsby strongly recommends that Schedule 11 of Bill 108 be amended to return the authority for final decisions to municipal council’s as the elected representative of the communities wherein the property and its features of cultural heritage value exist;and, BE IT FURTHER RESOLVED THAT a copy of this motion be sent to the Honourable Doug Ford, Premier of Ontario, Lisa McLeod the Minister of Heritage, Sport, Tourism and Culture Industries, Andrea Horwath, MPP and Leader of the Official Opposition and theOntario NDP Party, MPP Steven Del DucaLeader of the Ontario Liberal Party, Mike Schreiner MPP and Leader of the Green Party of Ontario, Sam OosterholfMPP Niagara West; and, BE IT FURTHER RESOLVED THAT a copy of this motion be sent to the Association of Municipalities of Ontario (AMO), all MPP’s in the Province of Ontario, the Niagara Regionand all Municipalities in Ontario for their consideration.” We strongly recommend that the Ontario government consider amendments to Bill 108 to return the final authority to municipal Council’s to determine what is of cultural heritage value or interest in their communities with the benefits of the expert and professional advice provided by the ConservationReview Board. 14 Purpose To provide staff with direction to provide comments to the Environmental Registry on the proposed changes to the Ontario Heritage Act (Bill 108). As the impetus for the new proposed regulations is Bill 108, The More Homes, More Choices Act, staff remain concerned that the Province's stated objective to increase housing supply should not come at the expense of the Town of Grimsby’s irreplaceable cultural heritage resources, as the purpose of the Ontario Heritage Actbeing to protect and conserve heritage properties. Background Updates to the Ontario Heritage Act (Bill 108) In November 2018, the Province introduced a consultation document: “Increasing Housing Supply in Ontario.” On May 2, 2019, the Minister of Municipal Affairs and Housing introduced “More Homes, More Choice: Ontario’s Housing Supply ActionPlan” and the supporting Bill 108 – the proposed More Homes, More Choice Act.The Province stated that the objective of these initiatives is to ensure more housing choices/supply and address housing affordability. The Ontario Heritage Act wasone of 13 provincial statues impacted by Bill 108. At that time, the proposed regulations for the OHA were unknownbut the Ministry of Tourism, Culture and Sport indicated that regulations were to bereleased “later this year” after consultation and would be posted for comment. Atthat time, the changes to the OHA were expected to be proclaimed and in full forceand effect for July 1, 2020. Later this date was changed to January 1, 2021.The proposed regulations were released for public comment on September 21,2020, being partially delayed by the COVID-19 pandemic. The changes to the OHAare still anticipated to be proclaimed on January 1, 2021. Comments on theproposed regulations are due to the Environmental Registry by November5, 2020.Communication from the Ministry of Tourism, Culture and Sport indicates that‘Updates to the existing Ontario Heritage Tool Kit, which will support implementationof the amendments and proposed regulation, are forthcoming. Drafts of the revised guides will be made available for public comment later this fall.’ Staff will share thisinformation with the Grimsby Heritage Advisory Committee and Council as itbecomes available. 15 Analysis/Comments The Environmental Registry posting includes the proposed regulations and a summary of the proposed regulations for the following: 1.Principles that a municipal council shall consider when making decisions under specific parts of the OHA. 2.Mandatory content for designation by-laws. 3.Events which would trigger the new 90-day timeline for issuing a notice of intention to designate and exceptions to when the timeline would apply. 4.Exceptions to the new 120-day timeline to pass a designation by-law after a notice of intention to designate has been issued. 5.Minimum requirements for complete applications for alteration ordemolition of heritage properties. 6.Steps that must be taken when council has consented to the demolition or removalof a building or structure, or a heritage attribute. 7.Information and material to be provided to Local Planning Appeal Tribunal (LPAT) when there is an appeal of a municipal decision to help ensure that ithas all relevant information necessary to make an appropriate decision. 8.Housekeeping amendments related to amending a designation by-law andan owner’s reapplication for the repeal of a designation by-law. 9.Transition provisions. Many of the proposed regulations are proceduraland provide clarity on the new processes that were including in Bill 108. Thesummary of the proposals is as follows: Regulatory Proposals 1. Principles to guide municipal decision making The amendments to the Ontario Heritage Act give authority to prescribe principles that a municipal council shall consider when making decisions under prescribed provisions of Parts IV and V of the Act. The proposed principles relate to the purpose of the Ontario Heritage Act and are intended to help decision- 16 makers better understand what to focus on when making decisions under the Act. The proposedprinciples are consistent with Ontario’s policy framework for cultural heritage conservation. The proposed principles provide context for a municipality to follow when makingdecisions about designated heritage properties, including the minimization ofadverse impacts to the cultural heritage value of a property or district. They alsorequire the municipality to consider the views of all interested persons and communities. The new principles will be used in conjunction with Ontario Regulation 9/06, for which no changes have been proposed atthis time. While staff already use many similar principles to guide the review process, it is noted that many of the principles use ‘should’ rather than ‘shall’ in reference to the principles. The most problematic is the principle that “property that is determined to be of cultural heritage value or interest should be protected and conserved for all generations”. Using ‘should’ rather than ‘shall’ contradicts the Provincial Policy Statement 2020, which states “Significant built heritage resources and significant cultural heritage landscapes shall be conserved”. Staff would prefer consistency in the language inthese two provincial policies and recommend that the language from the PPS 2020be adopted as a principle for the Ontario Heritage Act. An additional recommendation would be that the definition of ‘adaptive reuse’included in this section be revised from “the alteration of a property of culturalheritage value or interest to fit new uses or circumstances while retaining theheritage attributes of the property” to “the alteration of a property of cultural heritagevalue or interest to fit new uses or circumstances while retaining the cultural heritagevalue or interest and the heritage attributes of the property”. 2. Mandatory content for designation by-laws The Ontario Heritage Act amendments provide a regulatory authority toprescribe mandatory content for designation by-laws. The goal is to achievegreater consistency across municipalities and to provide improved clarity forproperty owners through designation by-laws including: Identifying the property for the purposes of locating it and providing an understanding of its layout and components; Establishing minimum requirements for the statement of cultural heritage value or interest; and Setting standards for describing heritage attributes. From staff’s perspective, the most significant changes to the requirements for a 17 designation by-law are: The requirement to include a map or image of the area. This has not typically been done in the past due to the preferences of the Land Registry Office; however, from a staff perspective, this would not be difficult or onerous. The description of the heritage attributes must be ‘brief’ and also explain how each attribute contributes to the cultural heritage value or interest of the property.Staff note that the requirement for explanations may make the description lessbrief, but are generally supportive of this requirement as it may help clarify boththeheritage attributes and the cultural heritage value of the property. However,this requirement will likely increase the amount of staff time required to draftdesignation by-laws. The by-law may list any features of the property that are not heritage attributes.Including a formal list of non-heritage attributeswithin the by-law could provide clarity to both the property owner and the Townof Grimsby. 3. 90-day timeline to issue a Notice of Intention to DesignateAmendments to the Ontario Heritage Act establish a new 90-day timeline for issuing a notice of intention to designate (NOID) when the property is subject to prescribed events. It also allows for exceptions to this restriction to be prescribed. The new timeline is intended to encourage discussions about potential designations with development proponents at an early stage to avoid designation decisions being made late in theland use planning process. The ministry has proposed three triggers which would place this restriction on council’s ability to issue a NOID. These are applications submitted to the municipality for either an official plan amendment, a zoning by-law amendment or a plan of subdivision. The proposed regulation also provides exceptions to when the 90-day timeline applies. The ministry is proposing the following categories of exceptions. Mutual agreement – Where an extension of, or exemption from, the90- day restriction on issuing a NOID is mutually agreed to by the municipality and the property owner who made the application underthe Planning Act. Administrative restrictions – Where municipal council or heritage committee are limited in their ability to reasonably fulfill the statutory requirements for issuing a NOID within the original 90-day timeframe. This would apply in cases of a declared emergency or where amunicipal heritage committee would be unable to provide itsrecommendations to council. The timeframe would be extended by 90days. New and relevant information – Where new and relevant informationcould have an impact on the potential cultural heritage value or interestof the 18 property is revealed and needs further investigation. Councilwould be able to extend the timeframe through a council resolution. Inthe case of new and relevant information councilwould have 180 daysfrom the date of the council resolution to ensure there is sufficient timefor further information gathering and analysis to inform council’s decision. Expiration of restriction – The 90-day restriction on council’s ability to issue aNOID would not remain on the property indefinitely and would no longer applywhen the application that originally triggered the 90-daytimeframe is finallydisposed of under the Planning Act. The proposed regulation also provides notification requirements related to the exceptions to the 90-day timeframe restriction. Overall, the regulations provide required clarity to the proposed new timelines. Staff are pleased that one of the exemptions to the newregulated timelines is through mutual agreement, as many developers in Grimsbyhave demonstrated their willingness to work with staff and Council to work towards heritage conservation goals through the planning process. The exemption for ‘new and relevant’ materials is useful to ensure that all parties have all of the information needed to make a decision. To this end, the regulations also provide a definition of ‘new and relevant’ to be applied in this context. The termination period for the 90-day timelines is limited to the lifespan of the specific planning application. This will ensure that properties are not prohibited from heritage conservation indefinitely. However, staff have several concerns in regards to these proposed regulations. First, the 90 day timeline will not provide enough time for the town to request and review a peer review of a Heritage Impact Assessment, should the town feel that review is necessary. Staff recommend that the 90 day timeline be increased, or that an additional exemption be included that provides municipalitiesmore time to address requirements for peer review. Likewise,the substantially reduced time limit for planning decisions in Bill 108, especially in regards to decisions for zoning by-law amendments, will create challenges for staff where heritage properties are involved in a planning application. Staff also note that these new timelines will require significant changes to internal processes in order to accommodate the regulations, which in turn will take a significant amount of staff time to coordinate between Heritage Planning staff, andPlanning staff. 4.120-day timeline to pass a designation by-law Amendments to the Ontario Heritage Act establish a new requirement for designation by-laws to be passed within 120 days of issuing a Notice ofIntention to Designate (NOID). It also 19 allows for exceptions to be prescribed. The ministry is proposing the following categories for exceptions. •Mutual agreement - Where an extension of, or exemption from, the requirement to pass a by-law within 120 days of issuing aNOID is mutually agreed to by the municipality and the property owner. •Administrative restrictions – Where municipal council is limited in its ability to reasonably fulfill the statutory requirements for passing a designation bylaw within the original 120-day timeframe. This would apply in cases of a declared emergency. •New and relevant information – Where new and relevant information that could have an impact on the potential cultural heritage value or interest of the property is revealed and needs further investigation. •Council would be able to extend the timeframe through a council resolution to ensure there is enough time for further information gathering and analysis to inform its decision. •Council would have an additional 180 days from the date of the council resolution to pass the bylaw. Exceptions allowing for the extension of the 120-day timeframe for passing a by- law must occur prior to the expiry of the initial 120 days. The proposed regulation includes notification requirements related to the exceptions to the 120-day timeframe. Similar to the exemptions for the 90-day designation notice timeline, the proposed exemptions to pass a designation by-law, especially through mutual agreement, are generally considered helpful. The practice of passing a by-law soon after the objection period has expired (or an appealhas been resolved), is already undertaken in Grimsby for most designations.However, staff would note that implementing these regulations will require staff time to accomplish. 5. 60-day timeline to confirm complete applications, alteration or demolitionand contents of complete applications Amendments to the Ontario Heritage Act establish a new timeline of 60 daysfor the municipality to respond to a property owner about the completeness oftheir application for alteration of, or demolition or removal affecting, a designate heritage property. It also provides a regulatory authority for the Province to set out minimum requirements for complete applications. The purpose of these provincial minimum standards is to ensure transparency so that property owners are aware of what information is required when making an application. The 20 details of what is proposed in regulation reflect current municipal best practices. The proposed regulationalso enables municipalities to build on the provincial minimum requirements for complete applications as a way of providing additional flexibility to address specific municipal contexts and practices. Where municipalities choose to add additional requirements, the proposed regulation requires them to use one of the following official instruments: municipal by-law, council resolution or official plan policy. The proposed regulation establishes that the 60-day timeline for determining if the application is complete and has commenced starts when an application is served on the municipality. It further proposes that applications may now be served through a municipality’s electronic system, in addition to email, mail or in person. The introduction of a timeline to confirm a complete application for heritage issues is new, but is not unwelcome as it will provide clarity for the property owner and the town. The list of submission requirement set out in the regulations is similar to the requirements that the town already requires; however, a more thorough review of any proposed materials should be undertaken and a report brought forward to Council to confirm Grimsby’s list of required submissions and be adopted by municipal by-law as required by the regulation. Theability for the town to set its own additional requirements (through due process) is important to ensure that the town’s heritage conservation goals are met. However, staff note that the requirements for a complete application are only applied to subsections 33 (2) and 34 (2) of the Ontario Heritage Act, meaning that there are no requirements for a complete application for properties designated under Part V as part of heritage conservation districts. Staff recommend that the requirements for complete application also be applied to district properties. 6. Prescribed steps following council's consent to a demolition or removalunder s. 34.3 Amendments to the Ontario Heritage Act provide that municipal council consent is required for the demolition or removal of any heritage attributes, in addition to the demolition or removal of a building or structure. This is because removal or demolition of a heritage attribute that is not a building or structure, such as a landscape element that has cultural heritage value, could also impact the cultural heritage value or interest of a property. Prior to the amendments, where council approved a demolition or removal under s. 34, the Act required council to repeal the designation by-law. However, in cases where only certain heritage attributes have been removed or demolished, or where the demolition or removal was of a structure or building that did not have cultural heritage value or interest, the property might still retain cultural 21 heritage value or interest. In these cases, repeal of the by-law would not be appropriate. The proposed regulation provides municipalities with improved flexibility by requiring council to first determine the impact, if any, of the demolition orremoval on the cultural heritage value or interest of the property and thecorresponding description of heritage attributes. Based on the determinationcouncil makes, it is required to take the appropriate administrative action, which ranges from issuing a notice that no changes to the by-law are required,to amending the by-law as appropriate, to repealing the by-law. Council’s determination and the required administrative actions that follow are not appealable to LPAT. The proposed regulation provides that, where council has agreed to theremoval of a building or structure from a designated property to be relocatedto a new property, council may follow an abbreviated process for designatingthe receiving property. The proposed regulation provides a series of administrative steps to supportthe designation by-law. Council’s determination that the new property has cultural heritage value or interest and the subsequent designation by-law made under this proposed regulation would not be appealable to LPAT. The requirement to issue notice for demolition of any heritage attributes of a property was a concern, however, theclarification that a repealing by-law may not be required for every demolition is helpful. Following the demolition or removal, if the cultural heritage value or interestand heritage attributes do not need amending, the only notice requirement is to the Ontario Heritage Trust, who are already required to receive notice of all decisions regarding alterations, demolitions, removals and relocations. However, staff would notethat the wording of the regulation is slightly confusing: “After the demolition or removal of a building, structure or heritage attribute on theproperty is complete, the council of the municipality shall, in consultation with themunicipal heritage committee established under section 28 of the Act, if one hasbeen established, make one of the following determinations..”Staff are unclear on if this means that removal of any building, even one that is not a heritage attribute (i.e.a modern garden shed), requires Council approval. 7. Information to be provided to LPAT upon an appeal with the exception of decisions made under section 34.3 as described above, all final municipal decisions related to designation, amendment and repeal, as well as alteration of a heritage property under the Act will now be appealable to LPAT, in addition to decisions related to demolition and Heritage Conservation Districts, which were already appealable to LPAT. The decisions of LPAT are binding. Preliminary objections to designation matters will now be made to the municipality, before the final decision is made. Prior to the amendments, appeals of designation-related notices or appeals of alteration decisions were made to the Conservation Review Board, whose decisions were notbinding. 22 A regulatory authority was added to ensure that appropriate information and materials related to designations, alteration and demolition decisions are forwarded to the LPAT to inform appeals. The proposed regulation outlineswhich materials and information must be forwarded for every LPAT appealprocess in the Act by the clerk within 15 calendar days of the municipality’sdecision. The two-tier process of objection to the municipality, followed by appeal to the LPAT, is a noted concern as thisnew process willcreate delays for property owners, staff, the Grimsby Heritage Advisory Committee and Council. The updated regulation does not change this; it provides a list of the materials and information required for LPAT appeals. 8. Housekeeping amendments Amendments to the Act included regulatory authority to address a few housekeeping matters through regulation. Previously, where a municipality proposed to make substantial amendments to an existing designation by-law it stated that the designationprocess in section 29 applied with necessary modifications. The proposed regulation clearly sets out the modified process, including revised language that is more appropriate for an amending by-law. The proposed regulation also makes it clear that there is no 90-day restriction on issuing a notice of proposed amendment to a by-law and provides that council has 365 days from issuing the notice of proposed amendment to pass the final amending by-law and that this timeframe can only be extended through mutual agreement. The proposed regulation also outlines restrictions on a property owner’sability to reapply for repeal of a designation by-law where the application was unsuccessful, unless council consents otherwise. The one-year restriction on anowner’s reapplication maintains what had been included in the Act prior to the amendments. The ability to amend a heritage designation by-law is improved through the regulations that provide clarity to the stated process. Staff support this regulation as it will make it easier to update old designation by-laws as required, as well as make amendments to by-laws that require updating to remove listed heritage attributes as per the new regulation. 9. Transition Section 71 of the Ontario Heritage Act establishes a regulation-making authority for transitional matters to facilitate the implementation of the amendments, including to deal with any problems or issues arising as a result of amendments. The proposed transition rules provide clarity on matters that arealready in progress at the time the amendments come into force. General Transition Rule 23 All processes that commenced on a date prior to proclamation would follow the process and requirements set out in the Act as it read the day before proclamation. Theproposed regulation sets out the specific triggers for determining if a process had commenced. Exceptions Outstanding notices of intention to designate. Where council has published a notice of intention to designate but has not yet withdrawn the notice or passed the by-law at the time of proclamation, the municipality will have 365 days from proclamation to pass the by-law, otherwise the notice will be deemed withdrawn. Where a notice of intention to designate has been referred to the Conservation ReviewBoard, the 365 days would be paused until the Board either issues its report or until the objection has been withdrawn, whichever occurs earlier. 90-Day restriction on issuing a NOID The 90-day restriction on council's ability to issue a NOID would only apply where all notices of complete application have been issued by the municipality in relation to a prescribed Planning Act application, on or after proclamation. Prescribed steps following council’s consent to demolition or removal (s.34.3) The ministry is proposing that the prescribed steps would apply following consent to an application by the municipality or by order of the Tribunal, where at the time of proclamation council had not already repealed the by-law under s. 34.3. Staff would note that the transitions proposed will place increased demand on staff time and resources in order to prepare for the January 1, 2021 implementation deadline. As this has not been accounted or planned for, staff would recommend that the proclamation deadline be pushed to July 1, 2021 to allow municipalities more time to prepare, especially in consideration of the COVID-19 pandemic, which has already created additional stress on staff resources. Regulatory Impact Assessment The objective of the proposed regulation is to improve provincial direction on how to use the Ontario Heritage Act, provide clearer rules and tools for decision making, and support consistency in the appeals process. Direct compliance costs and administrative burdens associated with the proposed regulations are unknown at this time. New rules and tools set out in the proposed regulations are expected to result in faster development approvals. There are anticipated social and environmental benefits as the proposed regulation seeks to achieve greater consistency to protecting and managing heritage property across the province. Overall, staff support many of the proposed regulation changes, as they provide greater clarity for the new processes created through Bill 108. Some of the concerns identified 24 by the town in their comments on Bill 108 remain, such as all appeals being moved to the Local Planning Appeal Tribunal (LPAT) from the Conservation Review Board (CRB). The proposed regulations appear to be consistent with the objectives of Provincial policy and the OHA to conserve significant cultural heritage resources. However, many of the town’s existing processes will need to be adjusted to conform to the proposed regulation changes. Staff would recommend to the Province that more time be provided to municipalities to accommodate the new regulations, especially given that the COVID- 19 pandemic is in the second wave and also because the revisedOntario Heritage Took Kit has not been provided for draft comment and review. Additionally, staff resources will need to be evaluated in light of the current volume of heritage alteration applications to ensure the delivery of heritage reports and notices occur within the specified timelines. The substantially reduced time limit for planning decisions in Bill 108, especially in regards to decisions for zoning by-law amendments, will create challenges for staff where heritage properties are involved in a planning application. The Province has noted that the direct compliance costs and administrative burdens are unknown at this time. Staff would suggest that the cost and burden on already stressed municipalities operating in an ongoing pandemic would be significant. Strategic Priorities This report addresses the corporate strategic goal to: Protect, preserveand enhancing Grimsby’s distinct heritage and culture Financial Impact There are no direct financial implications arising from the recommendations in this report. However, the proposed regulation changes will have undetermined financial impacts for the town. Public Input Members of the public may provide comments on Bill 108’s proposed changes through the related postings on the Environmental Registry of Ontario (ERO) website. Conclusion As the impetus for the new proposed regulations is Bill 108, The More Homes, More Choices Act, staff remain concerned that the Province's stated objective to increase housing supply should not come at the expense of the Town of Grimsby’s irreplaceable cultural heritage resources, as the purpose of the Ontario Heritage Actbeingto protect and conserve heritage properties. 25 Prepared by, Name: Bianca Verrecchia Title:Assistant Heritage Planner Submitted by, Name: Antonietta Minichillo Title:Director of Planning, Building & Bylaw 26 27 The Corporation of Loyalist Township (via e-mail) P.O. Box 70. 263 Main Street, Odessa, ON K0H 2H0 November 3, 2020 Re: Support of Resolution from Loyalist Township regarding funding for community groups and service clubs affected by pandemic th Please be advised that on October 28 2020 the Town of Plympton-Wyoming Council passed the following motion to support the Council of Loyalist Township motion (attached) regarding funding for th community groups and service clubs affected by pandemic that was passed on September 28 2020: Motion #13 Moved by Bob Woolvett, Seconded by Netty McEwen that Council su regarding funding for community groups and service clubs affected by pandemic. Motion Carried. If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at ekwarciak@plympton-wyoming.ca. Sincerely, Erin Kwarciak Clerk Town of Plympton-Wyoming Cc: (all sent via e-mail) MP Marilyn Gladu Sarnia-Lambton MPP Bob Bailey- Sarnia-Lambton Premier of Ontario Prime Minister of Canada Association of Municipalities Ontario Rural Ontario Municipalities Association All Ontario Municipalities The Corporation of the Town of Plympton-Wyoming P.O Box 250, 546 Niagara Street, Wyoming Ontario N0N 1T0 Tel: 519-845-3939 Ontario Toll Free: 1-877-313-3939 www.plympton-wyoming.com The Corporation of Loyalist Township 28 P.O. Box 70, 263 Main Street Odessa, On K0H 2H0 t: 613-386-7351 f: 613-386-3833 www.loyalist.ca October 9, 2020 The Right Honourable Justin TrudeauThe Honourable Doug Ford Prime Minister of Canada Premier of Ontario Email: justin.trudeau@parl.gc.caEmail: premier@ontario.ca Re: Funding for community groups and service clubsaffected by pandemic Please be advised that at the Regular Meeting of Council on September 28, 2020, the Council of Loyalist Township passed the following resolution: ResolutionNo. 2020.35.16 Moved by:Deputy Mayor Hegadorn Seconded by:Councillor Porter Whereas,the world health organization characterized covid-19 as a pandemic on March 11, 2020 And whereas, travel restrictions were put in place March21st, 2020 with emergency orders being established under the quarantine act And whereas, the province of Ontario entered a state of emergency on March 17, 2020 And whereas Loyalist Township declared a state of emergency on March 26, 2020 And whereas the Kingston, Frontenac, Lennox and Addington Public Health Unit have enacted orders under Section 22 of the Ontario Health Protection and Promotion Act, 1990 And whereas the above noted state of emergencies and orders restricted the ability for charities, community groups and service clubs to raise or acquire funds through conventional methods And whereas these charities, community groups and service clubs provide vital resources and support critical to community members 29 And whereas these charities, community groups and service partner with municipal governments reducing the financial pressures on the government while enhancing the lives of residents Therefore be it resolved that Loyalist Township council requests confirmation from the governments of Ontario and Canada that funding will be available for these local smaller charities, community groups and service clubs. AND FURTHER THAT a copy of this resolution be circulated to the Right Honourable Prime Minister of Canada; the Honourable Premier of Ontario; MP Derek Sloan, Hastings -Lennox and Addington ; the Honourable Daryl Kramp, MPP Hasting-Lennox and Addington; the Association of Municipalities Ontario; Rural Ontario Municipalities Association and all Municipalities within the Province of Ontario Regards, Brandi Teeple Deputy Clerk Loyalist Township cc.MP Derek Sloan-Hastings-Lennox and Addington MPP Daryl Kramp-Hastings-Lennox and Addington Association of Municipalities Ontario Rural Ontario Municipalities Association All Ontario Municipalities 30 From the Office of the Clerk The Corporation of the County of Prince Edward 332Picton Main Street,Picton, ON K0K 2T0 T: 613.476.2148x1021|F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca November 3, 2020 Please be advised that during the Committee of the Whole meeting onOctober 29, 2020 the following motion was carried; RESOLUTION NO.CW-407-2020 DATE: October 29, 2020 MOVED BY:Councillor MacNaughton SECONDED BY: Councillor St-Jean Resolution by Councillor MacNaughton regarding Bill 218, Supporting the Municipal Elections Act of 1996 WHEREAS municipalities in Ontario are responsible for conducting the fair and democratic elections of local representatives; and WHEREAS and Municipal Elections Act, 2020 is proposing changes to the Municipal Elections Act of 1996 to prohibit the use of ranked ballots in future Municipal Elections, and extend nomination day from the end of July to the second Friday in September; and WHEREAS each municipal election is governed by the Municipal Elections Act which was amended in 2016 to include the option to allow Municipalities to utilize ranked ballots for their elections and shorter nomination periods; and WHEREAS London, Ontario ran the first ranked ballot election in 2018 and several other municipalities since have approved bylaws to adopt the practice, or are in the process of doing so including our regional neighbours in Kingston via a referendum return of 63%; and 31 From the Office of the Clerk The Corporation of the County of Prince Edward 332Picton Main Street,Picton, ON K0K 2T0 T: 613.476.2148x1021|F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca WHEREAS the operation, finance and regulatory compliance of elections is fully undertaken by municipalities themselves; and, WHEREAS local governments are best poised to understand the representational needs and challenges of the body politic they represent, and when looking at alternative voting methods to ensure more people vote safely, it becomes more difficult to implement these alternatives with the proposed shorter period between Nomination day and the October 24, 2022 Election day; NOW THEREFORE BE IT RESOLVED THAT Corporation of the County of Prince Edward Councilsend a letter to the Ministry of Municipal Affairs and Housing urging apply sound representative principles in their execution of elections; AND THAT the Corporation ofthe County of Prince Edward Council recommends that the Government of Ontario supports the freedom of municipalities to run democratic elections within the existing framework the Act currently offers; AND THAT this resolution be circulated to all Ontario Municipalities, AMO and AMCTO. CARRIED _______________________ Catalina Blumenberg, Clerk 32 Honourable Doug Ford, Premier of Ontario Premier’s Office, Room 281 Legislative Building, Queen’s Park Toronto, Ontario M7A 1A1 Honourable Premier Ford, Re:Bill 218 At the regular meeting of Council held November 4, 2020, the following resolution was carried: C ouncil discussed the OntarioBill 128, Supporting Recovery and Municipal Elections Act 2020. Provincial Bill 218 was recently introduced to the legislature as Supporting Ontario’s Recovery and Municipal Elections Act 2020. As part of this bill, it was proposed toremove the framework for conducting ranked ballot municipal elections for the 2022 election, citing cost as the reason for the change. This proposed change results in further erosion of local decision-making by repealing the ranked ballot voting system utilized very effectively by London, Ontarioin the last municipal election. This is a system that could and perhaps should be adopted byother municipalities around Ontario. It is felt that the system encourages more candidates and improved participation of voters. Bill 218 also proposed shortening the nomination period ofthe 2022 municipal election to approximately six weeks. R esolution #11 Moved by: G. Little – Seconded by: H. Foster BE IT RESOLVED THAT: The Townshipof Amaranth request the Provincial Government of Ontario rescind the proposed changes regarding ranked ballot voting and the nomination period included as part of bill 218. F urther resolved that a letter regarding this resolution be forwarded to Doug Ford, Premier of Ontario, Sylvia Jones, MPP Dufferin-Peel and Steve Clark, 33 Minister of Municipal Affairs and Housing. Letter to be copied to AMO and all Ontario Municipalities. CARRIED. Recorded VoteYeaNayAbsent Deputy Mayor Chris GerritsX Councillor Heather FosterX Councillor Gail LittleX Mayor Bob CurrieX Respectfully submitted, Nicole Martin Nicole Martin, Dipl. M.A. Acting CAO/Clerk C: Sylvia Jones, MPP Dufferin-Peel Steve Clark, Minister of Municpal Affairs and Housing A.M.O. Ontario Municipalities 34 November 12, 2020 MPP Will Bouma 96 Nelson Street, Suite 101 Brantford, ON N3T 2X1 Sent via email: will.bouma@pc.ola.org Dear MPP Bouma: Please be advised that Brantford City Council at its Special meeting held November 10, 2020 passed the following resolution: Bill 218 -Ranked Ballots for Municipal Elections WHEREAS Bill 218 removes the option for municipalities to choose the ranked ballot system for an election; and WHEREAS in 2016 the Ontario Provincial Government gave municipalities the tools to use Ranked Balloting in Municipal elections commencing in 2018, which was deployed in the City of London thereby becoming the first Municipality in Canada to make the switch, while Cambridge and Kingston both passed referendums in favour of reform and Burlington, Barrie, Guelph, Meaford and others are now exploring a change as well; and WHEREAS the change of election method process does not impact the Provincial election models but greatly impacts a Municipalities execution options; and with the electoral process during a pandemic mindful that ranked ballot voting is not an experiment but widely used throughout the world and should be a local option that Municipalities can look to utilize in the next election which is just under two years away WHEREAS Bill 218 also moves up the Municipal nomination date from the end of July to mid September for no apparent reason thereby reinforcing the power of incumbency and potentially discouraging broader participation in municipal elections; and WHEREAS these changes are being proposed without any consultation with AMO, Municipalities or the public; /źƷǤ IğƌƌͲ ЊЉЉ ‘ĻƌƌźƓŭƷƚƓ {ƨǒğƩĻͲ .ƩğƓƷŅƚƩķͲ hb bЌ ЋaЋ t͵h .ƚǣ БЊБͲ .ƩğƓƷŅƚƩķͲ hb bЌ ЎwА tŷƚƓĻʹ ΛЎЊВΜ АЎВΏЍЊЎЉ Cğǣʹ ΛЎЊВΜ АЎВΏАБЍЉ ǞǞǞ͵ĬƩğƓƷŅƚƩķ͵ĭğ 35 2 NOW THEREFORE BE IT RESOLVED: A. THAT the City Clerk BE DIRECTED to submit the following comments on behalf of the Council of the City of Brantford to the Province of Ontario with respect to the proposed changes to the Municipal Elections Act, 1996: i. Council does not support the proposed changes to the Municipal Elections Act, 1996, specifically related to the removal of the option for a municipality to hold a ranked ballot election; ii. Council does support the principle that each Municipality should be able to choose whether or not to use first-past-the-post or a ranked ballot election; and iii. Council encourages the Provincial government to meaningfully consult with Municipalities on municipal issues before introducing legislative changes of this magnitude; and B. THAT the City Clerk BE DIRECTED to forward a copy of this resolution to MPP Will Bouma, Premier Doug Ford, and the list of other Municipalities and include a request to delay the decision until such a time that the Association of of Canadian Municipalities and comments from Municipalities have been collected and submitted to the Province. I trust this information is of assistance. Yours truly, Tanya Daniels City Clerk tdaniels@brantford.ca cc: Hon. D. Ford, Premier of Ontario The Association of Municipalities of Ontario; The Federation of Canadian Municipalities; ; All Ontario Municipalities 36 37 38 39 40 41