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September 15, 2003
Council Meeting Agenda Monday, September 15, 2003 7:30 pm (!) ADOPTION OF MINUTES Regular Meeting of July 28, 2003 (11) 1. DELEGATIONS Val Marshall, Campaign Chair, Ajax-Pickering United Way, will address Council with respect to the 2003 United Way Fundraising Campaign. Theresa Johnston and Dave Martin, representing the Durham Region Trans Canada Trail Project, will address Council with respect to the Trans Canada Trail. Hans Woitzik, estate trustee for Ursula Reeve, will address Council with respect to Recommendation #3 of the Planning Committee Report regarding the conveyance of land to the City to be used for open space purposes. (111) 1. 2. RESOLUTIONS PAGE To adopt the Planning Committee Report dated September 8, 2003. 1-3 To adopt the Committee of the Whole Report dated September 8, 4-5 2003. To consider Report CS 35-03, concerning Solid Waste Management Costs in the City of Pickering. To consider Report CO 01-03, concerning City of Pickering 2003 Annual Accessibility Plan. To consider Report CS 34-03, concerning Municipal Performance Measurement Program - Provincially Mandated Public Reporting of Performance Measures. 6-33 34-66 67-93 -1- Council Meeting Agenda Monday, September 15, 2003 7:30 pm o To consider Report OES 31-03, concerning a Request for Proposal No. RFP 10-2003, Provision of Soft Drink Beverages and Vending Services. To consider Report CS 33-03, concerning Final Tax Due Dates for Commercial, Industrial and Multi-Residential Realty Tax Classes and Tax Rates. To consider Report OES 33-03, concerning Consolidated By-law indicating maximum rates of speed for all highways under the jurisdiction of the City of Pickering. To consider proclaiming "Rouge Park Week", "Canada's Citizenship Week", "2003 Waste Reduction Week in Canada" and "Drug Awareness Week". 94-99 100-105 106-136 137-144 (IV) BY-LAWS By-law Number 6177/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1300 & 1360 Kingston Road and 1655 & 1665 Pickering Pkwy.) By-law Number 6178/03 Being a by-law of the Corporation of the City of Pickering to establish the 2003 tax rates for the Commercial, Industrial and Multi-Residential realty taxes and to levy the FINAL commercial, industrial and multi-residential taxes for the year 2003. 145 146-147 -2- Council Meeting Agenda Monday, September 15, 2003 7:30 pm By-law Number 6180/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 2175/86 and 4501/94, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 26, Plan 492, and Part of Lot 23, Concession 1, City of Pickering. (A 10/03) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW 1852 LIVERPOOL ROAD MARY SKENTS DEVELOPMENTS 148-151 By-law Number 6181/03 Being a by-law to authorize speed jurisdiction of the City of Pickering. limits on highways under the 152-168 (v) 1. NOTICES OF MOTION Moved by Councillor Johnson 169 Seconded by Councillor Brenner That staff be directed to prepare a by-law to provide for a three-way stop at the intersection of Cowan Circle and the easterly leg of Moorelands Crescent. Moved by Councillor Holland Seconded by Councillor Brenner WHEREAS there is currently no restrictions on nuclear power stations in Canada; and 170-171 flights or flight training over WHEREAS it is standard practice for the Durham Flight School to have students fly near or directly over the Pickering Nuclear Power Station; and -3- Council Meeting Agenda Monday, September 15, 2003 7:30 pm WHEREAS it is impossible to identify flights that may have malicious intent from those conducting normal business over a nuclear facility without a no-fly zone in effect; and WHEREAS Pickering-Ajax-Uxbridge M.P. Dan McTeague has expressed his support for establishing a no-fly zone over Canadian nuclear facilities; NOW THEREFORE the Council of the Corporation of the City of Pickering urges the Canadian Nuclear Safety Commission to work with Transport Canada to create no-fly zones over all domestic nuclear facilities; and THAT the Canadian Association of Nuclear Host Communities be asked to adopt a position in favour of the above referenced no-fly zone and work with Federal officials to effect change; and THAT this motion be circulated to municipalities within the GTA for their endorsement and to all municipalities within Canada that hose nuclear facilities; and THAT this motion be further circulated to: Dan McTeague, M.P. Pickering-Ajax-Uxbridge The Right Honourable Jean Chretien, Prime Minister of Canada Paul Martin, M.P. LaSalle-Emard The Honourable David Collenette, Minister of Transport Canada The Honourable Herb Dhaliwal, Minister of Natural Resources Canada Linda Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission Larry Kraemer, Chair, Canadian Association of Nuclear Host Communities Moved by Councillor Ryan Seconded by Councillor Brenner 172-173 WHEREAS on September 4, 2003, Ontario Power Generation entered into an agreement to sell its Inspection Services Division to a consortium led by Babcock and Wilcox Canada; and -4- Council Meeting Agenda Monday, September 15, 2003 7:30 pm WHEREAS this agreement will lead to the inspection of maintenance services at the Pickering Nuclear Generating Station, as well as other OPG generating facilities, being carried out by a private company; and WHEREAS Babcock and Wilcox Canada is also a supplier of steam generators to OPG thus creating a conflict of interest; and WHEREAS in the Report of the President's Commission on the Accident at Three Mile Island it was noted that inadequate training provided by Babcock Wilcox contributed to the Three Mile Island nuclear disaster in 1979; and WHEREAS the said agreement is scheduled to close before the end of 2003 after the Provincial election; and WHEREAS the contracting out of testing and inspection services led to the Walkerton tainted water tragedy; and WHEREAS the residents of the City of Pickering and the residents of other municipalities that have nuclear generating stations located in or near their municipality need every assurance that the stations are being operated and maintained safely; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests the Province of Ontario and Ontario Power Generation to rescind their agreement with Babcock Wilcox Canada to carry out inspection services at nuclear generating stations in Ontario; and FURTHER THAT this motion be further circulated to: Ernie Eves, Premier of Ontario John Baird, Minister of Energy Janet Ecker, M.P. Pickering-Ajax-Uxbridge Ron Osborne President and CEO, Ontario Power Generation Linda Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission Larry Kraemer, Chair, Canadian Association of Nuclear Host Communities Town of Ajax Town of Whitby -5- Council Meeting Agenda Monday, September 15, 2003 7:30 pm City of Oshawa Municipality of Clarington City of Toronto Municipality of Kincardine Moved by Councillor Brenner Seconded by Councillor Ryan 174-201 WHEREAS the Province of Ontado announced that it was swapping Provincially-owned lands in the Seaton area of Pickering, for lands in Richmond Hill and Uxbridge owned by private developers on the Oak Ridges Moraine; and WHEREAS on April 17, 2003, the Provincial Minister of Municipal Affairs and Housing issued an Order under the Ontario Planning and Development Act establishing a "development planning area" over the Seaton lands, as well as adjacent lands to the west and south of Seaton, requiring the Minister to prepare a "Development Plan" for lands in the development planning area; and WHEREAS in June 2003, the Ministry of Municipal Affairs and Housing issued a "Request for Proposals" for the purpose of completing a Development Plan for lands within the development planning area; and WHEREAS on May 7, 2003, the Province gave first reading to Bill 25, which Bill includes a provision that would have the effect of allowing development plans prepared by the Province for lands within development planning areas to be exempt from the requirements of the Environmental Assessment Act; and WHEREAS Bill 25 is not in force; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby authorizes the Solicitor for the City to initiate legal action against the Province of Ontario for failure to undertake a proper environmental assessment before announcing the land swap, establishing a development planning area, or issuing a Request for Proposals. -6- Council Meeting Agenda Monday, September 15, 2003 7:30 pm (VI) OTHER BUSINESS (VII) CONFIRMATION BY-LAW (VIII) ADJOURNMENT -7- 00!. RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Planning Committee Report dated September 8, 2003, be adopted. CARRIED: MAYOR Appendix I Planning Committee Report PC 2003-7 That the Planning Committee of the City of Pickering having met on September 8, 2003 presents its seventh report to Council: PLANNING & DEVELOPMENT REPORT PD 33-03 ZONING BY-LAW AMENDMENT APPLICATION A 10/03 MARY SKENTS DEVELOPMENTS 1852 LIVERPOOL ROAD PART OF LOT 26, PLAN 492 PARTS 13, 14 AND 15, LOTS 28, 29 AND 30, PLAN 492 (THE REAR PORTIONS OF 1841, 1845 AND 1849-1851 DRIVE) GLENDALE = That Zoning By-law Amendment Application A 10/03, be APPROVED, to permit additional commercial uses within the existing one-storey building at 1852 Liverpool Road and the provision of additional parking to surrounding commercial properties, on lands being Part of Lot 26, Plan 492, Parts 13, 14 and 15, Lots 28, 29 and 30, Plan 492, City of Pickering, submitted by George Papadopoulos on behalf of Mary Skents Developments. That the amending zoning by-law to implement Zoning By-law Amendment Application A 10/03, as set out in draft in Appendix I to Report Number PD 33-03, be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 32-03 DRAFT PLAN OF SUBDIVISION APPLICATION SP-2003-03 ZONING BY-LAW AMENDMENT APPLICATION A 4/03 WALDEMAR GRAWERT 1795 APPLEVIEW ROAD PART OF LOT 27, PLAN 1051 (40R-20758, PART 1) That Draft Plan of Subdivision SP-2003-03 submitted by Waldemar Grawert, be APPROVED as set out in the conditions section attached as Appendix I as amended to delete any reference to Block 6 (pedestrian walkway) and sidewalks on Street 'A' to Report PD 32-03, to permit the development of a plan of subdivision, on lands being Part of Lot 27, Plan 1051 (40R-20758, Part 1), City of Pickering. -4- Appendix I Planning Committee Report PC 2003-7 That Zoning By-law Amendment Application A 4/03 submitted by Waldemar Grawert, be APPROVED subject to the conditions outlined in Appendix II to Report No. 32-03, to establish performance standards to allow the implementation of the draft plan of subdivision SP-2003-03, on lands being Part of Lot 27, Plan 1051 (40R-20758, Part 1), City of Pickering. PLANNING & DEVELOPMENT REPORT PD 34-03 PROPOSED ACQUISITION OF LAND FROM JOHN WOITZIK PART OF LOT 33, CONCESSION 1 (PART 4, 40R-11904) That Council authorize the Director, Planning & Development, and the Solicitor for the City to make the necessary arrangements, and to prepare the necessary documentation to accept the conveyance of that part of Lot 33, Concession 1, Picketing, designated as Part 4, Plan 40R-11904 from John Woitzik to be used for open space purposes in accordance with the City's Official Plan. PLANNING & DEVELOPMENT REPORT PD 35-03 PICKERING OFFICIAL PLAN NEW CONSOLIDATION (EDITION 3) INFORMATIONAL REVISION 11 (HOUSEKEEPING MATTERS) That Council RECEIVE for information Report PD 35-03 about Informational Revision 11 (Housekeeping Matters) for inclusion in Edition 3 of the Picketing Official Plan; and 2. That Council ADOPT Informational Revision 11, as set out on Appendix I to Report PD 35-03, for inclusion in Edition 3 of the Pickering Official Plan. -5- 004 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Committee of the Whole Report dated September 8, 2003, be adopted. CARRIED: MAYOR Appendix I Committee of the Whole Report COW 2003-8 That the Committee of the Whole of the City of Pickering having met on September 8, 2003, presents its eighth report to Council and recommends: PROCLAMATIONS "BREAKFAST FOR LEARNING MONTH" "INTERNATIONAL ADULT LEARNER'S WEEK' "TERRY FOX RUN DAY" "ARCHITECTURE WEEK" "INTERNATIONAL WALK TO SCHOOL DAY" "FIRE PREVENTION WEEK" "FALLS PREVENTION WEEK" "WHITE RIBBON WEEK" That Mayor Arthurs be authorized to make the following proclamation: "Breakfast for Learning Month" - September, 2003 "International Adult Learner's Week" - September 8 - 15, 2003 "Terry Fox Run Day"- September 14, 2003 "Architecture Week"- September 28 to October 4, 2003 "International Walk to School Day" - October 8, 2003 "Fire Prevention Week" - October 5 - 11, 2003 "Falls Prevention Week" - October 19 - 25, 2003 "White Ribbon Week" - October 19 - 26, 2003 4 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report CS 35-03 concerning Solid Waste Management Costs in the City of Pickering, from the Director, Corporate Services & Treasurer, be received for information as a supplement to Report OES 28-03. 1. That Report OES 28-03 regarding the Region of Durham's Integrated Waste Management System and Program be received; and That the City of Pickering acknowledge the recommendations adopted by Regional Council on May 7, 2003 regarding the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing (#2003-J-11); and That the City of Pickering supports a commitment by the Region of Durham to Miller Waste Durham Inc.'s Pickering Site at 1220 Squires Beach Road for a long term solution to receive, process and transfer Durham's waste; and That the City of Pickering requests the Region to proceed with the implementation of the Regions' Integrated waste management system that includes a two or three stream collection of recyclables and two stream collection of organics with the City retaining responsibility for collection of garbage, organics and yard waste under the following conditions: The Regional contract to collect expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 to coincide with the term of Pickedng's contract to collect garbage, yard waste and kitchen organics. -2- 007 (ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. That Report OES 28-03 be forwarded to the Clerk of the Regional Municipality of Durham. 008 PICKERING REPORT TO COUNCIL Report Number: CS 35-03 Date: September 10, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Solid Waste Management Costs in the City of Pickering Recommendation: It is recommended that Report CS 35-03 'from the Director, Corporate Services & Treasurer be received for information as a supplement to Report OES 28-03. Executive Summary: At its meeting of June 23, 2003 the Finance & Operations Committee of the City of Pickering considered Report OES 28-03 and Recommendations 1, 2, 3, 4c and 5 and referred it back to staff to provide further financial information. At its meeting of July 28, 2003. Council received further information in the form of correspondence from the Chief Administrative Officer, (Attachment 1) and the Director, Operations & Emergency Services and the Director, Corporate Services & Treasurer on this subject. Council reaffirmed their request for information on the Region's costs. Over the summer certain tonnage estimates have been refined and revised by the Division Head, Municipal Property & Engineering resulting in financial estimates for 2004 being slightly higher than those previously provided. It appears that the discussion can be reduced to two simple elements as the costs should be the same or similar with two exceptions: a) The City has been offered an attractive rate by Miller Waste. If the program is undertaken by the Region they must negotiate their own rate which we have been led to understand will probably be higher thereby increasing the cost to the City's taxpayers b) The Chair, Regional Works has advised the Council that should the program be implemented by the Region, costs to the City's taxpayers will be approximately 20 percent higher to cover the Region's overhead. Additionally, the City will lose control over all such costs that it currently has or will have under the new program. This report has been prepared in conjunction with the Director, Operations & Emergency Services and the Division Head, Municipal Property & Engineering. Report CS 35-03 Date: September 10, 2003 Subject: Solid Waste Management Costs in the City of Pickering Page 2 009 Collection of Organics (Incremental Costs) Pickering Region Operated Operated Collection 496,000 496,000+ Region costs unknown at this time as dependent Costs upon contract negotiations by the Region Advertising 50,000 50,000+ City's cost estimated at $2 per household. Region unknown at this time. Administration Nil 99,000+ 20% of City's collection costs per Chair, Regional Costs Works Committee Cost of Bins Nil Nil Estimated cost of $500,000 will be funded by Region from Solid Waste Mgmt Reserve Fund. Disposal Costs 231,000 231,000 Incurred by the Region regardless of program 777.000 876;000++ ownership The only fixed costs known at this time are those for the City of Pickering as operator of the program. The Region's costs for the operation are unknown at this time but are assumed to be not less than those for the City. The above collection costs for the City have been confirmed on September 9, 2003 by the Chief Administrative Officer and Miller Waste. Financial Implications: Implementation of the new kitchen organics collection program by the City of Pickering will cost an estimated $546,000 in 2004, ($496,000 for collection and $50,000 for first year advertising education and promotions) for a City run program. The increase on the average tax bill for a "City run" organics program based on a $200,000 residential assessment would be $13.25 which is 0.5% on the total tax bill or 1.85% on the City's share of the tax bill. Assuming disposal costs are charged back to Pickering taxpayers, the Region's portion of the tax bill would increase approximately $6 or 0.5% (combined total of $19.25). At the July 28, 2003 Council meeting, we were advised by the Chair, Regional Works COmmittee that costs would be approximately 20 percent ($99,000) higher, to cover overhead costs, if the program is administered by the Region of Durham. In addition the Region will incur costs of approximately $500,000 financed from the Region's Solid Waste Management Reserve Fund for organic bins to be distributed throughout Pickering and approximately $231,000 for disposal of the organics collected. The increase on the average tax bill for a "Durham Region program" based on (City's cost of $546,000 plus 20% overhead or $99,000 and $231,000 for disposal) would be $23.17 or 1.0% on the total tax bill, or roughly 2.0% on the Durham portion only, assuming these costs are charged back to Pickering taxpayers. Background: The following is provided further to Council's request for financial information regarding the cost of solid waste management in the City of Pickerir~g. It is understood this information was to be a combination of existing costs and projected 2004 costs for Integrated Waste Management Services. 010 Report CS 35-03 Date: Subject: Solid Waste Management Costs in the City of Pickering September 10, 2003 Page 3 City of Pickering 2002 Actual Solid Waste Collection Costs (1) Garbage (2) Yard Waste (2) $1,161,000 $ 271,000 $1,432,O0O (1) Excludes Pilot Project (2) Net of GST Rebate In addition in 2002 the Region of Durham paid approximately $3,083,000 for processing and disposal of the garbage and yard waste and the recyclables. These costs are borne by the taxpayers of the City with $1,432,000 being on the City's portion, and $3,083,000 on the Region's portion, of the tax bill. Therefore, the total cost of solid waste management services in 2002 in the City of Pickering was approximately $4,515,000. The addition of a kitchen organics collection program to provide integrated waste management services would add approximately $496,000, net of GST rebate to the City's costs. Should the Region undertake the program $595,000 ($496,000 plus 20% overhead as per Chair, Regional Works Committee) will be added to the City ratepayer's costs. In addition, almost $231,000 will be added to the Region's costs for composting regardless of who is responsible for collection. Attached are three schedules prepared by the Division Head, Municipal Property & Engineering that lay out the costs of collection and disposal of solid waste in Pickering. In order to create a better comparison of costs for the current system versus an integrated system some of the numbers have been revised, hence the original estimate of $428,000 has been revised to $496,000 for collection costs. As per the July 14, 2003 memo to the 'Chief Administrative Officer from the Director, Operations & Emergency Services and myself on this subject, the addition of a new organics program will cost more no matter which level of government is responsible for it. Based upon the comments of the Chair of the Regional Works Committee the cost under the administration of the Region would be approximately 20 percent more than under the City. As noted in the above-mentioned memo, the future costs for the City ratepayers under a Durham administered program could be substantially higher once the program is fully implemented across the Region and cost sharing is based upon the Regional tax levy. Under such a scenario, based upon the limited information available, Pickering taxpayers absorbing a percentage of the costs of the other participating municipalities would be far greater than those municipalities sharing in a percentage of Pickering's costs. Aisc the City would lose control over the program and administrative costs to the taxpayer should the program be transferred to the Region. Report CS 35-03 Date: September 10, 2003 Subject: Solid Waste Management Costs in the City of Pickering Page 4 011 Attachments: 1. Memo from the Chief Administrative Officer to the Mayor and Members of Council dated July 24, 2003 2. Current Services Levels for Waste Management Services in the City of Pickering 3. Projected Waste Management Services in the City of Pickering 4. Cost Comparisons by Jurisdiction for Waste Management Services Prepared / Approved / Endorsed By: Prepared / Approved / Endorsed By: Rjyhard I)'ivision Head, Munic pal Property Engineering Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Division Head, Municipal Property & Engineering Recommended for the consideration of Pickering City Council 012 July 24, 2003 To: From: Subject: OFFICE OF THE Mayor Arthurs and Members of Council Thomas J. Quinn Chief Administrative Officer CHIEF ADMINISTJ~~OFFICEREIvED MEMORANDUM JUL 2 4 2003 OORPORATE SERVICES Regional Integrated Waste Program - Miller Waste / City of Pickering Component - File: O-7000-001 This is further to the recent memorandum form the Director, Operations & Emergency Services (dated July 21, 2003). Please be advised that it was Miller Waste who initially recommended that the City establish a possible implementation date of May 1, 2004. Subsequent to further review and discussion, I would like to propose to Council that the implementation date could actually be scheduled sometime during the period of January 1, 2004 - March 31, 2004 pending certain decisions. If it is Council's desire to move forward on this matter, we will certainly endeavour to expedite this process. Once the City has received approval from Council, the emphasis will clearly be on Miller Waste and the Region of Durham to ensure logistics are in place (i.e., site approval, purchase of additional vehicles etc.,). If we were successful in implementing this program effective January 1, 2004 the total cost would be'$478,000 [428,000 + 50,000 (for advertising and promotion)], which would have an additional effect on our tax rate of approximately 1.6% - 1.8%. Naturally the 2004 tax rate amount would be pro-rated accordi'ngly should the implementation date be deferred. Please be assured, that whatever date is determined, we will ensure that the 2004 proposed budget is adjusted accordingly. Therefore, I am requesting Council's decision as to how you wish staff to pursue this matter. You may also wish to note that we have included previously distributed correspondence to this package for your reference. I trust this will provide you with sufficient information prior to the Council meeting on Monday, July 28, 2003. TJQ:jh Copy: Director, Operations& Emergency Services "T'58"ma-s J' Qui~n~"--'"'~----~~. Director, Corporate Services & Treasurer Division Head, Municipal Property & Engineering City Clerk 01 ATTACHMENT #..___TO i~EPOI~T Current Service Levels for Waste Management Services in the City of Picketing - 2004 Projection using 2002 quantities and 2003 pricing frequency estimated unit price total price payment item description of service of service no. of description per unit per year by per year units of units per year (taxes extra) A WASTE COLLECTION A1 garbage/bulky goods 52 21,015 tonnes $51.36 $1,079,330. City A2 organics 52 0 tonnes $0.00 $0 City A3 leaf & yard waste and Christmas trees 25 1,784 tonnes $148.08 $264,175 City A4 metal/electronics/white goods 52 269 tonnes $51.36 $13,816 City A5 blue box recycling 26 25,000 stops $27.32 $683,000 Region Sub-total: waste collection GST (net of rebate) TOTAL: waste collection 29,574 tonnes $2,040,321 $61,210 $2,101,53'1 B WASTE DISPOSAL BI garbage/bulky goods daily 21,015 tonnes $84.00 $1,765,260 B3 composting of food waste dally 0 tonnes $120.00 $0 B4 composting of yard waste/Christmas trees seasonal 1,784 tonnes $84.00 $149,856 B5 metal/electronics/white goods daily 269 formes $0.00 $0 B6 sorting of recyclable fibres daily 5,205 tonnes $0.00 $0 B7 sorting of recyclabie containers daily 1,301 tonnes $103.19 $134,250 B8 hauling of un-sorted recyclable containers daily 1,301 formes $31.00 $40,331 Sub-torah waste disposal 29,574 tonnes $2,089,697. GST (net of rebate) $62,69'1 TOTAL: waste disposal $2,152,388 Region Region Region Miller Region Region Region D Total: integrated waste program $4,253,919 E Assumptions * Tuesday to Friday collection * * total tonnes based on 2002 collections * * expanded recycling in effect * * estimated 25,000 curbside stops * * apartment collections not affected * * contractor is to be Miller Waste Systems F Notes composting disposal rate estimated as per Chairman, Regional Works Committee and Miller standard annual inflation & fuel adjustment rates to apply contract term ends March 31, 2009 Regional costs for sorting fibres unavailable (9 Total tonnage includes tonnes collected for recycling provided by the Region (2) Excludes administariton costs or promotion/education costs 014 ~:~iq~ACHMENT# ~ TO REPORT#~36~O~ Projected Waste Management Services for the City of Pickering for 2004 frequency estimated unit price total price payment item description of service of service no, of description per unit per year by per year units of units per year (taxes extra) A WASTE COLLECTION A1 garbage/bulkygoods 52 14,787 tonnes $74.00 $1,094,238 City A2 organics 52 6,228 tonnes $74.00 $460,872 City A3 leaf & yard waste and Christmas trees 25 1,784 tonnes $148.08 $264,175 City A4 metal/electronics/white goods 52 269 tonnes $74.00 $19,906 City A5 blue box recycling 26 25,000 stops $27.32 $683,000 Region Sub-total: waste collection GST (net of rebate) TOTAL: waste collection 29,574 tonnes $2,522,191 $75,666 $2,597,857 B WASTE DISPOSAL B1 garbage/bulky goods daily 14,787 tonnes $84.00 $1,242,108 Region B3 composting of food waste dally 6,228 tonnes $120.00 $747,360 Region B4 composting of yard waste/Christmas trees seasonal 1,784 tonnes $84.00 $149,856 Region B5 metal/electronics/white goods daily 269 tonnes $0.00 $0 Miller B6 sorting of recyclable fibres daily 5,205 tonnes $0.00 $0 Region B7 sorting of recyclable containers daily 1,301 tonnes $103.19 $134,250 Region B8 hauling of un-sorted recyclable containers daily 1,301 tonnes $31.00 $40,331 Region Sub-total: waste disposal 29,574 tonnes $2,313,905 GST (net of rebate) $69,417 TOTAL: waste disposal $2,383,322 TOTAL: integrated waste program $4,981,179 D PROMOTION & EDUCATION green bins, liners, paper bags, calendar & delivery newspaper & radio advertising and education promotion campaign TOTAL: promotion & education once 25,000 stop $20.00 $500,000 Region 4 months LS $50,000 City $550,000 E Assumptions * Tuesdayto Friday collection * * total tonnes based on 2002 collections * expanded recycling in effect * * estimated 25,000 curbside stops * * apartment collections not affected * * contractor is to be Miller Waste Systems * F Notes composting disposal rate estimated as per Chairman, Regional Works Committee and Miller standard annual inflation & fuel adjustment rates to apply contract term ends March 31, 2009 50% waste diversion will be achieved Regional costs for sorting fibres unavailable (~) Total tonnage includes tonnes collected for recycling provided by the Region 015 ATTACHHENT #.__~_, 'iX;~ "'"~ ~ 0 PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 28-03 Date: June 5, 2003 From: Richard W. Holborn, P: Eng. Division Head Municipal Property & Engineering Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Recommendation: 4a) That Report OES 28-03 regarding the Region of Durham's Integrated Waste Management System and Program be received; and that The City of Pickering acknowledge the recommendations adopted by Regional Council on May 7, 2003 regarding the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing (#2003-J-11); and that The City of Pickering supports a commitment by the Region of Durham to Miller Waste Durham Inc.'s Pickering Site at 1220 Squires Beach Road for a long term solution to receive, process and transfer Durham's waste; and that The City of Pickering agrees to participate in the Region's Integrated Waste Management Program under the following conditions: i) The contract to collect garbage, yard waste, kitchen organics and expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 (the original term of Pickering's contract). ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. iii) The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. Report OES 28-03 Date: June 5, 2003 017 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 2 4b) iv) The Region agrees to assist in the funding of staff at the City that will deal with waste management issues and inquiries during the transfer of jurisdiction, at an amount to be determined. v) The Region reimburses the City incurred retroactive to January 1, Council recommendations. of Pickering for waste collection costs 2003 consistent with the May 7, 2003 OR The City of Pickering requests the Region to proceed with the implementation of the Region's Integrated Waste Management System by assuming responsibility to collect all materials that are diverted from landfill through recycling (expanded blue box) and composting (kitchen organics and yard waste) with the City retaining responsibility for the collection of garbage under the following conditions: i) ii) iii) iv) v) The contract to collect yard waste, kitchen organics and expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 (the original term of Pickering's contract). The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. The Region agrees to assist in the funding of staff at the City that will deal with waste management issues and inquiries during the transfer of jurisdiction, at an amount to be determined. The Region reimburses the City of Pickering for organic waste collection costs incurred retroactive to January 1, 2003 consistent with the May' 7, 2003 Council recommendations. OR 018 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 3 4c) 4d) The City of Pickering .requests the Region to. proceed with the implementation of the Regions' integrated waste management system that includes a two or three stream collection of recyclables and two stream collection of organics with the City retaining responsibility for collection of garbage, organics and yard waste under the following conditions: The Regional contract to collect expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 to coincide with the term of Pickering's contract to collect garbage, yard waste and kitchen organics. ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. iii) The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. OR 'The City of Pickering is satisfied to continue with the status quo waste management system, is not prepared to collect two-stream organics (yard waste and kitchen organics) at this time, is retaining responsibility to collect garbage and yard waste and requires detailed financial and tax impact information from the Region in order to determine a business case; and that Report OES 28-03 be forwarded to the Clerk of the Regional Municipality of Durham. Executive Summary: At the Council Meeting of May 7, 2003, the Region of Durham adopted recommendations regarding Report #2003-J-11 for Solid Waste Management Services. One recommendation was for the municipalities of Pickering, Ajax, Oshawa and Whitby to respond within 60 days, as to whether they concur with joining the Region's Integrated Waste Management Program. This report investigates the options available to the' City of Pickering for the provision of Solid Waste Management Services with respect to collection responsibilities and waste streams. The City has four options that can be considered: Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 4 Option ~ - transfer all waste responsibilities to the Region. Option 2- retain waste collection responsibilities for garbage only and transfer organic collection to the Region as a recycling/composting initiative and have the Region implement a kitchen organics collection program. Option 3- retain waste collection responsibilities and agree to a two-stream organics system by implementing a kitchen organic collection program. Option 4 - maintain the status quo with respect to waste management responsibilities and collection systems (i.e., do nothing) Before any kitchen organic collection program can commence, the Region of Durham must commit to a site to receive and process the materials. The May 7, 2003 Regional Council recommendations direct Regional staff to negotiate with Miller Waste to utilize the site on Squires Beach Road in Pickering. The City of Pickering supports this location as a made in Durham solution. It is important to the City's administration that a "one collector take all" system be maintained in Pickering. As such, the recommendations in this report include conditions that Miller Waste Systems be the contractor in Pickering, in order to honour the long-term contract that Picketing entered into in October 2000. The Region of Durham has committed to fund kitchen organic green bins to an amount of $20 per household should this program be implemented in Pickering, regardless of jurisdiction over collection. The Region of Durham has also committed to recover the City of Pickering's collection costs through the Regional Solid Waste Tax Requirement effective January 1, 2003 if the City chooses to transfer waste collection responsibility to the Region. This cost is estimated to be $1,474,815 (net G.S.T. included) in 2003. Financial Implications: City staff have not received information requested in letters dated March 13, 2003 and April 4, 2003 to Regional staff regarding the financial estimates of the proposed Regional system of Integrated Waste Management. City staff was presented information by the Region indicating that under the Regional program for the four participating municipalities, the average increase on the overall .waste tax requirement (local plus Regional) was estimated at 10% (range 0% to 20%). However, it must be noted that levels of service increased in three of the four municipalities. Regional staff have indicated that there would likely be no net tax impact in Pickering when all aspeqts of waste management expenditures and revenues are considered, however, no information has been provided to confirm this assumption, and a review of the Region's 2003 Current and Capital budget did not assist in this respect. · 0 2 0 ' RepOrt OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 5 Should the City transfer waste collection responsibilities to the Region, the local solid waste tax requirement would decrease and the Regional solid waste tax requirement would increase. Should the decision be made within the 60-day response period requested by the Region, the City's costs for collection will be recovered from the Regional Solid Waste Tax Requirement effective January 1, 2003. This is estimated at $1 ,,474,815 (net G.S.T. included) for the year 2003. Background: On May 7, 2003, the Council of the Regional Municipality of Durham adopted recommendations from the Finance & Administration and Works Joint Committee related to the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing report (#2003-J-11 ). The recommendations have been categorized under the following headings and the entire resolution is included in this report as Attachment 1: a) 2003 Solid Waste Management Budget and Tax Rates b) A new expanded Blue Box Program in Ajax, Whitby, Pickering and Oshawa c) The Regional Integrated Waste Management Program d) The CN Watson and Associates "Durham Region Waste Management Systems Study" e) Residential brush, leaf and yard waste contracts f) Energy for waste g) Other matters h) Negotiations with Miller Waste Systems for a long term disposal facility i) Authorizations Recommendation C (iv) requested that the local Area Municipalities of Ajax, Pickering, Oshawa and Whitby respond to the Region within sixty days or sooner of their concurrence to participate in the Region's Integrated Waste Management Program. Report OES 28-03 provides comment on the Region's recommendations and compares them to resolutions of the Council of the City of Pickering related to solid waste management. It also provides information for Council to consider in making an environmentally and financially responsible decision on solid waste management services for the City of Pickering. Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and 0 . Program City of Pickering Response to Report #2003-J-11 Page 6 Currently, the City of Pickering has jurisdiction over, and provides the services of collection of garbage, and yard waste to approximately 24,000 residential units (curbside and medium density multi-residential). Administrative services such as education, promotion and advertising programs are also provided by the City. In 2002, the City collected 22,418 tonnes of garbage waste and 1905 tonnes of yard waste. The Region of Durham has jUrisdiction over, and provides the services of collection of blue box recycling and multi-residential recycling collection, and all services related to receiving, hauling, disposal, processing and marketing of all solid waste and recyclables. In 2002, the Region collected 6035 tonnes of curbside recyclables and 266 tonnes of apartment recyclables in Pickering. Recently, the Region of Durham has taken over all waste management powers in the Area Municipalities of Clarington, Brock, Scugog and Uxbridge through an Integrated Waste Management Program. In November 2001, the City of Picketing, in partnership with The Town of Markham, Miller Waste Systems and the Region of Durham commenced an integrated waste pilot program in the Amberlea neighbourhood. In this program, enhanced recycling and kitchen organics were collected using an automated collection truck and carts for approximately 518 homes. This program is still in placel but the cart for garbage and recycling has been removed and collection has been reverted back to bags and blue boxes. In this program, diversion from landfill increased from 27% to an annual average of 54%. The costs related to automated collection vehicles and carts make this prohibitive to expand Citywide, but indicated quite cleady the willingness of residents, on a small scale, to participate in separation of kitchen waste to increase diversion from landfill. When the Region commenced their Integrated Waste Management Program in Clarington, Brock, Uxbridge and Scugog, the four remaining local municipalities were asked if they were interested in participating. In response, the Council of the City of Pickering passed Resolution #75/02 at the Council Meeting of May 6, 2002, indicating conditions upon which Pickering would be a participating municipality. The Region dealt with this, and other local municipal correspondence and requests regarding solid waste, through the C.N. Watson review and Report 2003-J-11. Based on the recommendations contained within the Regional approval of May 7, 2003, the City of Picketing has one of four options. Option 1 Respond to the Region within sixty days or sooner of their concurrence to participate in the Region's Integrated Waste Management Program. 022 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 7 Option 2 Request the Region to proceed to implement the Region's Integrated Waste Management System that includes the two-stream or a three-stream collection of recyclables and two stream collection of organics. Advise the Region that the City of Pickering will retain responsibility to collect garbage, and request the Region to assume responsibility to collect and recycle kitchen organics and yard waste. Option 3 Request the Region to proceed to implement the Region's Integrated Waste Management System that includes the two-stream or a three-stream collection of recyclables and two stream collection of organics. Advise the Region that the City of Pickering will retain responsibility to collect garbage, kitchen organics and yard waste. Option 4 Maintain the status quo with respect to jurisdictional responsibilities and waste management systems for diversion. Advise the Region that the City of Pickering is not providing a two-stream collection of organics, and kitchen organics will not be separated. The following describes the details of each option and provides the information required for Council to respond to the Region of Durham. Qption t The Region of Durham's Integrated Waste Management Program has established a minimum benchmark standard for levels of service. These standards are in place for Clarington, Brock, Uxbridge and Scugog and would be used for Pickering or any other municipality that joins the program. The benchmark requirements are included as Attachment #2. When comparing the Region's Program to those currently in place for collection in Pickering, the following differences are evident: Adds expanded recycling City-wide Adds food waste composting weekly City-wide Yard waste - paper bags become mandatory, i.e., NO PLASTIC Report OES 28-03 Date: June 5, 2003 O23 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 8 Adds 1 extra yard waste collection (24 vs. 23) White goods weekly (an increase for rural which is currently monthly) Imposes 3 bag limit for garbage (currently 4 bags) Allows purchase of tags for excess bags Bulky goods reduced to one a month collection (currently weekly) Bulky goods is a call-in service and may be user pay Includes street container collection (currently done by staff) The City of Pickering passed a resolution at the Council meeting held on May 6, 2002, advising the Region that Pickering is prepared to negotiate being a "participating" municipality in the Region's acceptance of all waste management powers, subject to many conditions. The. resolution is included as Attachment #3. The majority of the conditions were contingent on the Region's program in Pickering being a wheeled cart- based system. The Region's Integrated Waste program is a system where blue boxes (or any suitable container) are used for recycling,, bags (or any suitable container) are used for residual garbage, green bins are used for kitchen organics, and kraft, paper bags are used for yard waste. Staff at the Region and City of Pickering are confident that increased diversion to levels exceeding 50% are achievable using the Region's system without the need for large wheeled carts. The Region has a commitment through their May 7, 2003 set of recommendations to provide the following assistance to the City of Pickering should the City be a participant: Fund (recover) the 2003 collection costs for Pickering through the Regional Solid Waste Tax Requirement effective January 1, 2003, should the City choose to transfer waste collection responsibility to the Region. The City's 2003 budget for compost and garbage collection is $1,474,815 (net G.S.T.). Since the waste management function would be at the Regional level, an annual expenditure of approximatelY $1,520,000 (total 2003 budget) would not be required at the City level in 2004 and beyond. II. Ensure the delivery of household "green bins" to each household at a total cost not to exceed $20 per household to be financed from the Regional Sol id Waste Management Reserve Fund. Regional staff advise that this would be done through a public tender process and the package would include a kitchen bin, a curbside bin, bio-degradable liners (one box), and five (5) kraft paper bags for yard waste, similar to what was provided to Clarington, Brock, Uxbridge and Scugog residents. The City would not be involved in the specification or procurement of the bins. There are approximately 24,000 households on 024 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of.Pickering Response to Report #2003-J-11 Page 9 II!. curbside collection resulting in an estimated expenditure of $480,000 for the green bin packages. Negotiate with Miller Waste Systems for a long-term solution for the receiving and disposal of Durham's garbage. Although not specifically mentioned, it is implied that this solution would be within Durham's borders and include the site on Squires Beach Road in Pickering. This would certainly put the Region and its area municipalities at the forefront of responsible leadership in waste management; and a made in Durham solution. Should the City decide to transfer jurisdiction of waste collection to the Region, there are certain safeguards that are important to maintain. Currently, the City has a contract with Miller Waste Systems to collect garbage and yard waste with a term that ends March 31, 2009. All of the terms of the contract were negotiated in good faith and excellent service has been evident since the contract started October 1, 2000. It is important that the new Regional contract be negotiated with Miller Waste with a termination date not earlier than March 31,2009. The City of Pickering and Region of Durham presently have only one contractor, Miller Waste Systems, who provides collection within the City boundaries. However, the Region's curbside blue box collection contract with Miller has only been extended to May 28, 2004. In order to get the most out of an integrated waste management program, having one contractor collect all materials is required. It is therefore, important that the contract to collect expanded blue box materials in Picketing with Miller Waste be extended to coincide with the contract for the garbage, and two-stream organics, that being at least until March 3t, 2009. Option 2 This option is a compromise between Option I and Option 3 in that it commits to the separation of kitchen organics from the waste stream and diverts this material from landfill, but this would be accomplished at the Regional level. It is based on the premise that the Region is a leader in recycling and waste diversion as part of its disposal mandate through the Municipal Act, 2001 and the Regional Municipality Act. The Region currently collects recyclable materials, and compostable kitchen and yard waste organics can be categorized as such. The City of Pickering would retain responsibility for the collection of garbage. The Region of Durham would retain responsibility to collect all recyclable (diverted) materials. In accordance with the May 7, 2003 Council recommendations, the Region would provide the green bins required for collecting kitchen organics and set the service level standards for all organics and expanded blue box materials collection. Report OES 28-03 Date: June 5, 200;~) 2 5 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 10 In order to retain the "one collector" status in Pickering, the Region's contract(s) for collection in Pickering should be negotiated with Miller Waste Systems with an end date of March 31, 2009. Option 3 By requesting the Region to implement the Integrated Waste Management System in Pickering, but not transferring responsibility of collection to the Region, the City is agreeing and committing to diversion of kitchen organics from the waste stream. The City would have to exercise Clause 3 of the contract with Miller Waste Systems, due to a change in scope of works, and negotiate new prices to reflect the collection changes contemplated. This would result in increased costs to the City. The Region has committed through their resolution of May 7, 2003 to ensure the delivery of the green bins 'for kitchen organics regardless of whether the City or Region has jurisdiction over collection. However, the City would not have input into the specifications or supplier. The City would be responsible to coordinate, promote and advertise the new integrated waste management system with the exception of blue box recycling to its residents and would retain jurisdiction over garbage, yard waste and kitchen organics collection and administration of the contract. The City would continue to budget for the collection service annually. With two levels of government responsible for collection under two separate contracts, there is the possibility that when the Region's expanded blue box collection contract ends May 28, 2004, there could be two different contractors collecting waste and recyclables within the City of Pickering. This is not desirable as proper coordination and cooperation is required during recycling weeks and holiday collection changes. Option 4 By exercising this option and advising the Region accordingly, the City of Pickering would continue with the Status Quo waste management system. The City, at this time, would not introduce the separate collection of kitchen organics to divert this material from landfill. As such, the contract With Miller Waste Systems would not change in scope and new prices would not have to be negotiated. However, maintaining the status quo, allows the City of Pickering to explore options related to waste collection and diversion as well as potential operating efficiencies with Miller Waste Systems. This would be done within a time frame acceptable to the City. The City would maintain responsibility for. garbage and yard waste collection and would budget for these services annually with increases due to growth (volume) and CPI (indexing). Advertising, education and promotion programs would be maintained at the City and Regional levels. 026 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 11 Attachments: Resolution of May 7, 2003, Council of the Regional Municipality of Durham Region 0f Durham's Integrated Waste Management Program Benchmark Standard for Levels of Service Prepared By: Ricl~ard W. Iq~c~bom, P. Eng. Dfi~ision Hea~ ~unicipal Prope~Y & Engineering Approved Director Operations & Emergency Services RWH:ds Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci~ C cji Admin The ReglOne; · olr Durham Department BOX 623 SOS RO$SLAND ROAD E, WHITBY ON Lt N 6A3 CAHADA 1-800,~72-1102 F~: (905) ~8-9963 E-mail'. .¢e~ks~m~ion,durham.on.ca www, mgJon.durham.on.~ Pat M, Madlll, A;M.C,T,, CMM I Reglonel Clerk FR CLERKS DEP,~7~ 905 GE;E: SS. S3 TO F'ICi<'EFI]NL~ F' 0~¢~¢~ m' ........................ ~ ................ :";,-fo~de~-'~-the Are~ Olerk~ . May 14,. 2003 ~''' .............................................................. . .,:,,,~,,.. _,, .,, ¢- ;., ~-~ v., ..... ~ .,.,-: ........... ............................................................................. ;--" CITY OF ~ E;U;. E F~L,L, ~ FH.iANCE ' ~ . - · ........ .,! ....... *,.. ,,. I 4 2003 Clerk ............................................. ~ ....... G~K'S BIVISI0~ of'A ' L L~F~ARY i ~ ECON ['. ,.'7/. 65 Ha~ood Avenue Aj~, ON L182H9 The Annual Solid Waste ~anlg~ent ie~lel~g and Fl~a~tng ~tudy and proposed 2003 Currant an~ Capl~l Budget and ~elated flnan~le~ (~003~1)) - OUR FILE: F0740 .. Mr. de Rond, the Finance & Administration and Works Joint Commi~ees of Regional C0uncit .considered the above maffer and at a meeting held o.n'May 7, 2003, Council adopted the following recommendations of the Joint Commi~ees; 2003 Soll. d Waste Man, aqe,ment Bu.d~et and Ta~' R~es i) THAT'the proposed ~003 Recli0na! ,~31,1d waste Manaclement Operatln~ Budget in the amount of $20,426,600 be approved'a6 summarized in Schedule 1' to the Recommendations contained in Joint Report 2003- J-.11; ii) THAT the proposed 20,D3 Rel31o .ri.a! Solid Waste.. Manaltement Capital Budcmt in the amount of $720,000 be approved as summarized in Schedule 2 to the Recommei3dations contained' in Joint Report 2003-J-11; and iii) · THAT the2003 Re~lpp_81 Solid Wpste,~enaFlement ?a~ Rates be approved as summarized in ScheduLes 3 and 4 to the Recommendations contained in Joint Report 2003-J-11, based upon the p~oposed 2003 Solid Waste Management Budget, which in 2003 s.eparates Regional Integrated Waste Management Program costs from the remaining non-integrated program costs for Regional wsste operations in the Towns of Ajax and Whitby and the Cities of O~h~awa and Piokering; /2 JO0% Pos~,~on,~t~mcr O28 FR CLERKS DEPT ~05 ........ P ~ O~ b) A new expert, al.ed B.lue Box Proararn in Alax,,Whltbv; . pickerln, g,and Osha,wa THAT in order to meet Regio..nal Council's commitment to implement a.n'expanded recycling program as, .soon as. · possible across the Regi0n...the following be. approved:. ii) 'THAT a conti'act extension w!th Miller Waste Systems for .the curbside coll.e~ion of basic Blue Box recyclat31es for the residents of Ajax, Oshawa, Pickering'and .Whitby at the. rate of $28;77 per household'per year, (excluding GST) ,from Febh~ary 1 ,.2003 until June 6, 2(303, when an expanded recycling program can commence in Ajax, Oshawa, Picketing anti Whitby; THAT a contract, extension With'Miller Waste b-'Ysterns for the curb-side collectioh of'the,~panded Blue Box recYclabl&s for the residents 0f iSiCkerjng, Ajmc,'Whltby and · Oshawa at the rate of $27,32 per household per. year ;.(excluding GS'P-) from June 9,200.3 to May 28, 2004; ·. THAT a contract extension with Miller waste Durham Inc,. for.the sorting of mixed Blue Box c~ontainers at Miller's Picker'ing facii!ty at'the' basi~ sorting rate of $:t 66,96 .pe~ t0nne from.February 1,2003 until the new expanded Blue Box'containers program is started on June 9, 2003, (At which time, 'a new rate of $103,19 per tonne; excluding GST, will apply. Until May 28, 2004); THAT a contract extension with Miller Waste Durham Inc. for the haulage of mixed 'Blue 'Box containers, received from Clarington, Ajax, Os.hawa, Pickering aiqd Whitby, to Miller's Pickering. Tacility, at a rate of $31.00 per tonne, including me rental of'required roll,off bins (excluding GST) dudng the' period from February 1., 2003 until.MaY 28,~ 2004; f"'l ,q Y F R C L E R K S DEPT SO., BP, El~"":"' -"-'.~;.-, TO P]C:.KERING I,_ ,:~, Ld E 02,.9 c) The Re~lonai.!ntef~rated.,Waste ManaJ~amerlt Proc~ram THAT in order to implement the Regional Cour~oii ' ' Resolution of February 12, 2003 .(Attachment #1- Schedule 2 'to Joint Report 2005-J-11), Regional 'Cou,noil authorized Works and Finance staff to commence negotiations with Pickering, Ajax, Osha'wa,. and Whitby, to resolve outstanding issues, including concerns and recommendations brought forward by Iocai Area Municipalities through correspondence received by the Region from Picketing, Oshawa and Whitby (see ' Attachmen[ #3 - Correspondedce Items tO Joint Report 2003-J-1 t).~ topen'qit the. implementat!on of the Region's:ii · Integrated Waste Management Program [n these Area Municipalities by 2004; ii) 'THAT given the willingness of the'City.of Piokering toi,~'. participate in a Regional tn ,tegrated Waste Man,agemen~~ Program.,,.?l~ich includes curb-side organics, colleCtion and exp[nded .recy01ables colle~ion, it is further 'recommended that; ., ,. . a) . Staff.of the Finar~ and Works Departments be" authorized to immediately commence negotiations with the'staff of the'City of Pickering and Miller Waste Systems to determine the feasibility.of extending the Region!s Integrated Waste~ Management Program tO picketing residents commencing as soon as possible in 2003; b) 8h0uid the City of Pickering choose to transfer waste collection responsibility.under the ~ Act;'~he 2008 costs for collection,, recycling,, haulage. .and disposal be recovered' f.rom Pickering through. the. Regional Solid Waste Tax'Requirement effective January 1,2003;' and iii.) 'THAT the Region ensure delivery of household 'Green;' Bins' to each hdusehold, at a total cost not. to exceed' $20 per household~to be financed from' the Rag!oriel Solid Waste Management Reserve Fund, consistent with the Region's 2002 capital funding.commitment to purchase .Organic~ containers, as previously approved by Regional Council during implementation of the Regional' Integrated Waste Management .Program in Clarington, Brock, Scugog and Uxbridge; .... j4 I¥1RY ! 4 0.3O FR C: L E R K S d) e) DEF'T EOD B6:B ~.~,,z, TO F'ICKERING ; ' Reg~'wit'hin:'~ Oftheir concurrence '~,, tO, ~i~ipate t~nyintegrat~ waste. ' .' ~he C;N, Wat, en an~o=iat~ '"Durh~ Re;10n:Was~' .. , . ~ , II Management, S~st~= St 0 ~AT the. rep0~ from C.~. Wagon and.~s~iates "Durham Region'W~te Mana~me~t Systems Stud¢' be re~ved. (see A~chment ~2 to' Joint' Repo~ 200~;J-11) ~d Regional Council approve the'recommendations ~n~ined in t~ .. $tud~ ~ f~10ws: 'a) 'That the 'Region of Durham' coral,Rue to proceed wry.. the.implementation of its'"Long:term Waste Management Strategy PiadJ 2000-20~0;' b) That ~e Region bf Durham, .in. ~nce~ with' the~;. Area Mu~iciPsl!ti~ pried'tO ~mpleme~t the:-~ ~e.giq:n~.s· integrated, waste, msnagement system the. munieip~:~ies'of P~cker n~, Ajax, WhitbY and Oshawa ,that includes ~ ~o-stream o~ a three- stream ~llection of.mcyclables and ~o-stmam , 6ollectton'of organics,, at the Io~1 municipalities'':,; . requ Sh. . .... R~sldentlal arq~h~ Leaf and Yard .Waste:~ntracts . i) THAT the Region reje~ ~i pr~osats SUbm~ed under RFP.. .~.82~1 for ~e r~Mng, h~ling and ~mpo~ng of brush,' leaf and ya~ waste as well ~ f~'wastes for ~mpos~ng, sin~ the one bid re~ed w~ una~p~ie; and ,. ii), THAT the' R~gion issUe.hew tendem for ~e intedm r~iving, hauling an~ ~mposti~g' of residential ~rush, lea~ ~ yard wa~es from Picketing, Aj~, Whi~y and Oshawa and fr~.~e ,' Region's W.~te Management Facilities; /5 ~003 ~2:~0 FR f) CLERKS 9SE,,_ TO F'IC;KEF,:~NG DEPT 905 .5' Energy_from Wast_o' .. THAT the Regioh' reject a proposal from Miller Waste Systems for the reoeiving, hauling a~nd disposal of up. tO 15,000 tonnes of re8idential garbage waste at the energy from waste faoility operated by American ReFuel in Niagara · Falls., New York due to p~ohib.Mve costs; and ii) THAT Regional Staff'be authorized tO meet with staff from other GTA Regions.to explore, opportunities to maximize waste diversion and examine opportunities for management of waste materials,, including options for Energy From Waste type facilities; ,0t~,her Matters_' i) THAT in order to continue existing recycling programs'and · establish a rate for garage bag.tags, the following be approved: a) The contract'be extendedwith .Miller.Was. '~ Systems fpr 'collection and processing of Blue Box recy¢lable¢ from apartment.buildings and town. houSes in.Picketing, Ajax, ~ Whitby and Oshawa at the,,~urrent rate of $1.23 per unit per month (excluding GST) from May 1,2003 to Septem ,bar 26, 2003; b) The contract be extended With Atlantic'Packaging Products Ltd. for the sale ,of Blue Box paper fibres at current 'market rates from February ,1,2003 to May 2004; and " Tl~at Regional Fees ahd Charges for Solid Waste Management be approved as set out in Attachment'#i- Schedule'3 to Joint. Report 2003-J-11, including a Regional fee for garbage bag tags sat at $1.50 per tag, to be purchased Where residents an.d businesses? participating in the Regional. integrated Management Pr'c~r .'.am ; (currently. in Clarington, Sougog, ~xbridge and Brock) require more than. the three bag 'limit of garbage waste per, col~i~ction stop. '3':.he approve'.d" tistihg for Solid Waste Management. will form' part' of the regional listing of Fees and Charges, to.be distributed to the public; .. /6 03!, M ~ Y ~ 4 03° 200~: F R 'h) i) L. LERk.~ ]':~ E F' T 19 0 5 E; E; F-: '- ~' F-' '~. T 0 ~ d ..... F' I C I(E R'. ] N G . , ~ ~- '~- ~ ~ ~ ,-~, THAT subject to negotiation with the local area'.municipalities :: ' partici ,l:ating, t.~.at'$taff negotiate with Miller Waste Systems for~a 10ns te~' diS~o~! facility for the' disposal of .D, urham'garbage'and . that the' neg~tiat~'.~ pia~e uPOn, notification from the lOWer ~: . · area municipalities for their participation; and Authorlza,tionS:. . i) . · THAT'the Regional ,Solicitor.be authorized to, prepare the requisite By-law,~ and, agreements; and ii) ' , T. HAT.' the , Regional 'Chaii' and Clerk be aut.hodzed to execute the subject agreements." F', 0 E;.,.' F_~ E P.M; Madlll, A,MLo.T:, CMM 1 . Regional Clerk PMMIab ' C: R.J. Clapp, commissioner of Finance, J",R, McOorkell, Commissioner of Works B.J. Royl Regi0naISolicitor 'Area'Clerks Region of Durham New Integrated Waste Management Program Benchmark requirements The Region of Durham has established the following as the minimum benchmark standards for the new integrated waste management program, so residents will know what to expect and better understand how they can actively participate in reducing their waste by increasing their recycling and Composting activities. These benchmark standards will ensure residents receive the same level of curbside waste service and the Region is able to cost effectively recycle, compost and dispose of residential waste materials. Garba~e Weekly garbage waste' collection with a 3 bag limit per collection Garbage bag tags for more than the 3 bag per week limit "Call in" separate bulky goods collection Recycling Biweekly expanded Blue Box recycling collection Two or more Blue Boxes to be used to separate paper fibres from containers Cardboard and boxboard to be flattened, bundled and tied ' Weekly white goods collection No plastic bags .Composting Weekly food waste collection using bio-degradable liner bags Seasonal leaf & yard waste collections, 24 per year Paper yard waste bags or rigid open top containers to be used Seasonal tied brush collection with a 3 bundle limit per collection, 24 per year Christmas tree collection, two pickups in January No plastic bags No grass clippings ,Operational activities Collection hours to be 7:00 am to 4:00 pm, Tuesday to Friday Holidays to be collected on following Saturday All waste materials to be collected on same day of week 034 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report CO 01-03 regarding the City of Picketing 2003 Annual Accessibility Plan, be received; and That Council endorse the City of Pickering 2003 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED: MAYOR PICKERING REPORT TOO 3 5 COUNCIL Report Number: CO 01-03 Date:, September 8, 2003 From: Councillor Dave. Ryan Chair, Accessibility Advisory Committee Subject: City of Pickering 2003 Annual Accessibility Plan File: CO3000 Recommendation: That Report CO 01-03 regarding the City of Pickering 2003 Annual Accessibility Plan be received; and that Council endorse the City of Pickering 2003 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee; The appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: The purpose of the Ontarians with Disabilities Act, 2001 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. The ODA mandates that all municipalities prepare annual accessibility plans. To this end, the City of Pickering has prepared the 2003 Annual Accessibility Plan. Within the 2003 Annual Accessibility Plan, the City of Pickering has identified 30 barriers to people with disabilities. The most significant areas for improvement are in the area of municipal facilities. By the end of 2004, the City of Pickering aims to remove 16 facility related barriers as well as the 14 administrative related barriers identified in the 2003 Annual Accessibility Plan. Over the next several years, the City of Pickering aims to address all facility related improvements as outlined in the City's 2000 Accessibility Audit. Financial Implications: As a result of the City of Pickering 2000 Accessibility Audit Report, the City of Pickering made a commitment to include $25,000 in the annual capital budget to remove or 036 Report CO 01-03 Subject: City of Pickering 2003 Annual Accessibility Plan Date: September 8, 2003 Page 2 prevent facility related barriers. As a result, the 16 facility related barriers included in the 2003 Annual Accessibility Plan will draw on these funds identified under capital account 2719-6183. The potential costs to complete the 14 administrative related barriers have not yet been determined and will be subject to approved 2003 and 2004 capital and operating budgets. Any barrier that cannot be completed within the 2003 or 2004 approved capital or operating budget will be deferred to future annual accessibility plans. Background: The Ontarians with Disabilities Act, 2001 (ODA) received Royal Assent on December 14, 2001. The purpose of the Ontarians with Disabilities Act, 2001 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. Under the Act, all municipalities are required to prepare annual accessibility plans, make the plans public and consult persons with disabilities. The deadline for municipalities to prepare their annual accessibility plan and make it available to the public is September 30, 2003. According to the Ontario Accessibility Directorate within the Ministry of Citizenship, the purpose of the Annual Accessibility Plan is to describe the measures that the municipality has taken in recent years and the measures the municipality will taking in the coming year to identify, remove and prevent barriers to people with disabilities. According to the requirements of the Ontarians with Disabilities Act, 2001 (ODA), the City of Pickering has prepared the 2003 Annual Accessibility Plan. The City's plan is for the period of September 2003 to August 2004. Within the 2003 Annual Accessibility Plan, the City of Pickering has identified 30 barriers to people with disabilities. The barriers identified in this report were based on information collected from the City of Pickering 2000 Accessibility Audit, the City of Pickering 2002 Recreation, Parks and Cultural Services Master Plan and the 2003 Annual Accessibility Workbook issued to city staff for their comments. The 2003 Annual Accessibility Plan has been reviewed and endorsed the City of Pickering Accessibility Advisory Committee. In order to make the plan available to the public, the City of Pickering will place an advertisement in the local newspaper to announce the completion and availability of the 2003 Annual Accessibility Plan. The public will be able to access the 2003 Annual Accessibility Plan electronically via the City of Pickering website or by picking up a hard copy at the Pickering Civic Complex or Pickering Central Library. CORP0227-07/01 Report CO 01-03 Subject: City of Pickering 2003 Annual Accessibility Plan Date: September 8, 2003 Page 3 Attachments: 1. City of Pickering 2003 Annual Accessibility Plan. DR:mc Attachment Copy: Chief Administrative Officer Approved / Endorsed By: Cl~a~' 'lity Advisory Committee Recommended for the consideration of Pickering City Council TI'~ 3. Qu~n, Chref Ad-'' ' ' 'm~'~S.t(ati~e Officer CORP0227-0W01 038 2003 Annual Accessibility Plan September 2003 - August 2004 Table of Contents 039 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 Executive Summary ................................................................... 1 Aim ......................................................................................... 1 Objectives ................................................................................ 1 Description of Organization .......................................................... 2 Accessibility Working Group ......................................................... 2 Commitment of Accessibility Planning ............................................ 3 Recent Barrier-Removal Initiatives ................................................ 4 Barrier-Identification Methodologies .............................................. 13 Barriers Identified ...................................................................... 15 Barriers that will be addressed in 2003-2004 ................................... 20 Review and Monitoring Process ................................................... 27 Communication of the Plan ......................................................... 27 O4O 2003 Annual Accessibility Plan September 2003 - August 2004 1.0 Executive Summary The purpose of the Ontarians with Disabilities Act, 2001 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. The ODA mandates that all municipalities prepare annual accessibility plans. To this end, the City of Pickering has prepared the 2003 Annual Accessibility Plan. Within the 2003 Annual Accessibility Plan, the City of Pickering has identified 30 barriers to people with disabilities. The most significant areas for improvement are in the area of municipal facilities. By the end of 2004, the City of Pickering aims to remove 16 facility related barriers as well as the 14 administrative related barriers identified in the 2003 Annual Accessibility Plan. Over the next several years, the City of Pickering aims to address all facility related improvements as outlined in the City's 2000 Accessibility Audit. 2.0 Aim The aim of this report is to describe the measures that the City of Pickering has taken in the past and will take in 2003-2004 to identify, remove and prevent barriers to people with disabilities in accessing the City of Pickering's facilities and services, including City staff, volunteers, residents, facility users, service clubs, community associations, and other members of the community. Objectives Describes the process by which the City of Pickering will identify, remove and prevent barriers to people with disabilities. Reviews earlier efforts to remove and prevent barriers to people with disabilities. Lists the facilities, policies, programs, practices and services that the City of Pickering will review in 2003-2004 to identify barriers to people with disabilities. O4:[ iv. Describes the measures the City of Pickering will take in the coming year to identify, remove and prevent barriers to people with disabilities. Describes the ways that the City of Pickering will make this accessibility plan available to the public. 4.0 Description of the Organization The City of Pickering is Toronto's eastern neighbour and home to a growing community that blends business opportunities, cultural diversity and historical rural settings with a picturesque Lake Ontario waterfront. The City of Pickering is committed to making Pickering an attractive place in which to live, work and invest. Within 22,652 hectares, the City of Pickering boasts top-notch municipal sports fields and recreation programs, quarter-million square foot recreation complex, 19th century interpretive museum, libraries, many community and neighbourhood parks, conservation areas, new waterfront facilities and hiking trails. The Corporation of the City of Pickering employs 479 staff to meet the needs of its 92,300 residents. The City of Pickering's main administration building is located at the Pickering Civic Complex, One the Esplanade in Pickering and can be reached at 905.420.2222. The corporation also maintains satellite facilities for Library Services, Fire Services, Community Centres and an Operations Centre. 5.0 Accessibility Working Group In early 2003, a core working group of City staff was established with the responsibility to: · Conduct research to identify barriers to people with disabilities in City facilities, programs, services, policies and practices. · Identify barriers that will be removed or prevented and the strategies therein for 2004. · Involve and seek input from the City of Pickering Accessibility Advisory Committee · Prepare a report on these activities, and after approval by the CAO and City Council, make the plan available to the public. Marisa Carpino (Supervisor, Culture & Recreation) was appointed as the Coordinator of the Working Group. Marisa Carpino has worked for the City of Pickering for 8 years and has been the Supervisor, Culture & Recreation for 4 years. As part of her responsibilities, Marisa Carpino works with staff to ensure the integration of participants with special needs into the City's recreation and leisure programs. The core working group includes City staff from all areas of the organization to gain their input on matters that must be included in the 2003 Annual Accessibility Plan. They include: Marisa Carpino Prem Noronha-Waldriff Len Hunter Tim Moore Culture & Recreation (programs) Culture & Recreation (programs) Culture & Recreation (facilities) Chief Building Official Phone: 905.420.4660 ext. 2099 Phone: 905.831.1711 ext. 3229 Phone: 905.831.1711 ext. 3223 Phone: 905.420.4631 ext. 2070 Anne Greentree Clerks Phone: 905.420.4611 ext. 2019 Jennifer Parent Human Resources Phone: 905.420.4627 ext. 2160 Customer Care Phone: 905.420.4666 Economic Development Cheryl Hagg Tom Melymuk Phone: 905.420.4636 ext. 4636 Bill Douglas Fire Services Phone: 905.839.9968 ext. 2080 Richard Holborn Catherine Rose Municipal Property & Engineering Planning & Development Phone: 905.420.4630 ext. 2049 Phone: 905.420.4617 ext. 2038 Cynthia Mearns Library Services Phone: 905.831.6265 ext. 6236 Gil Patterson Jon Storms Taxation, Accounting, Supply & Services Information Technology Phone: 905.420.4634 ext. 4640 Phone: 905.420.4634 ext. 2163 6.0 Commitment to Accessibility Planning The City of Pickering is committed to continually improving our facilities, services, programs and policies for staff and residents with disabilities. The City values the role of staff, residents, and the Accessibility Advisory Committee to identify barriers that may exist and strategies to address those barriers. The core working group have developed an annual accessibility plan that enables the City of Pickering to achieve these commitments. 043 7.0 Recent Barrier-Removal Initiatives 7.1.1 City of Pickering 2000 Accessibility Audit The City of Pickering established an Accessibility Audit Committee in May 2000. The Committee's mandate was to audit the Corporation's facilities and report to the Chief Administrative Officer on its findings and recommendations. The committee members included Prem Noronha~Waldriff, (Chair) Operations & Emergency Services Department, Tim Moore, Planning & Development Department, Fraser Copeland, Administration Department, Rose Harding, Administration Department, Debra Wight, Administration Department. Brian Holmes, Planning & Development Department conducted the detailed technical inspections of the facilities, which was a key component of the overall review. In order to fulfill the mandate and undertake a comprehensive and balanced review of our facilities, the Committee conducted two independent investigations, utilizing different methodologies. Tim Moore and Brian Holmes conducted a detailed technical audit and approached the exercise from a regulatory perspective. This audit evaluated the compliance of 22 existing City facilities against the current accessibility standards for new buildings which are set out in Section 3.8 of the 1997 Ontario Building Code. The 1997 Ontario Code was adopted for the purposes of this review, since it is recognized as a progressive benchmark and is suitable for evaluating our buildings and sites for accessibility. Since most City buildings were constructed prior to these standards being enacted, it is to be expected that many facilities will not comply with it. There is no legal requirement for the City to retrofit its buildings to meet this standard. The user audit was conducted by the other members of the Committee. This group adopted the role of mobility, visually, and hearing impaired individuals, with wheelchairs as a focal part of the exercises. All sites were examined extensively from the perspective of a disabled individual for ease of access and the ability to maneuver within the buildings. This approach adopted a practical, user-friendly perspective, and focused on tangible, real-life difficulties. As a result of this process, the City of Pickering established its first ever Accessibility Audit Report in October 2000. The report is invaluable in identifying barriers that exist in all municipal facilities and making · recommendations to address each barrier. The City of Picketing made a commitment to include $25,000 in the annual capital budget to remove or prevent the barriers identified in the Accessibility Audit Report. As such, staff have prioritized the list of facility barriers to be removed or prevented and have begun work with these capital dollars to address these barriers. 4 044 By August 2003, the following facility improvements (barrier-removal initiatives) were completed: i. Provided Assistive Listening Devices for the Council Chambers ii. Removed landscape area on the north side of the principle entrance of the Pickering Recreation Complex iii. Constructed 2 disabled parking spaces at the main entrance of the Pickering Recreation Complex and 3 disabled parking spaces at the north entrance of the Pickering Recreation Complex- with proper designation and smooth transition access iv. Constructed Family Change Rooms at the Pickering Recreation Complex v. Automatic doors installed to the second floor Fitness Area of the Pickering Recreation Complex vi. Upgraded Don Beer Arena entrance and washrooms to be fully accessible vii. West Shore Community Centre main entrance renovated with ramp viii. 3 new disabled parking spaces at the West Shore Community Centre ix. Automatic entrance doors installed at the West Shore Community Centre x. Renovated both washrooms at the West Shore Community Centre to feature widened doors, easy to open doors, sink and toilets xi. Relocated the disabled parking spaces at the arena entrance to the same side as the automatic entry doors xii. Proper curb cuts at the entrance to the O'Brien Meeting Room xiii. Installed easy open doors to the men's and women's washrooms at the East Shore Community Centre 7.1.2 2002 Recreation, Parks and Cultural Services Master Plan In 2002, the City of Pickering completed its Recreation, Parks and Cultural Services Master Plan. The Master Plan report was completed in two sections, the Technical Report and the Strategic Report, and provides a clear assessment of the City's current service levels while making recommendations for its future recreation, parks and cultural service delivery for the next 5 to 10 years - to meet and exceed the needs of this growing and diverse community. The Technical Report is based on Pickering's demographic profile, service inventory and review of future trends. The Technical Report also provides the summary of information gathered from the community by way of community surveys, user group surveys and focus groups. The Technical Report comments on Pickering's current state of service delivery and outlines the future development that would maintain this same level of service for Pickering's growing population. The Strategic Plan Report is a stand-alone document that can be utilized by staff for years to come - to develop the Recreation & Cultural, Facility and Parks Services for a growing and diverse City of Pickering. It is a resource in capital 5 forecasting, policy development and service delivery planning. The recommendations made in the strategic plan are a direct result of all the information gathered during the Technical portion of the Master Plan process. As mentioned earlier, a key component of the Technical report was community input. As part of the community outreach component, organizations that service the disabled population as well as parents of disabled program participants were invited to provide their comments on the City's recreation, parks and cultural services. The objective of this exercise was to identify barriers to recreation, parks and cultural services and to identify strategies to remove or prevent these barriers. The findings were very interesting and insightful. The most commonly cited barrier to participation, reported by parents, was that their child required one-on- one support/supervision in order to participate in recreation programs. The respondents explained that their child cannot always keep up in an integrated program and needed that close supervision in order to gain benefit from the program. Most respondents thought it was most beneficial to their child to be involved in a specialized program (particularly those participants restricted to wheelchairs) - although the child themselves may prefer integrated programs. Activities such as youth dances, keep fit classes, soccer and basketball were identified as being activities children with special needs would like to do but currently do not do. The restrictions were commonly that the programs were not available or that their child could not participate at the same level as the other participants. When parents were asked what the City could do to help their children participate in leisure activities a number of the responses reported involved the swimming program. Parents want to see more lanes assigned to the special needs swim program and an increased time slot so the kids had more time to engage in this activity. Some respondents felt that parental involvement would be beneficial in helping the City provide programs that work for their children. One respondent felt an indoor playground would be helpful in engaging their child in recreation, particularly during the winter months. Parents were generally satisfied in the services provided to their child by the City of Pickering. When asked what services and facilities respondents felt the City of Pickering should offer the special needs community, many different types of activities were reported. They include Special Olympics swimming, Special Olympics soccer, dance program, drama program, keep fit, dances, specialized tennis programs, music lessons, specialized swimming lessons, floor hockey, basketball, bowling, pre-teen dances, programs for teens such as camps, and speech and language services. It is important to note that the need for family change rooms at the Pickering Recreation Complex was clearly and overwhelmingly identified in the responses to this survey question. These parents felt that it was absolutely critical to their child's leisure participation to O45 046' have a priVate place where the parent can assist the child to get appropriately dressed. When asked if their child preferred specialized or integrated programs, the responses were evenly split between the two choices. Most parents identified that their child has participated in both types of programs. However, half of the respondents felt that specialized programs were the best for their child's development, while the other half felt that integrated programs with program modifications, the assistance of a helper or even another special needs child were more beneficial. Group discussions, surveys and meetings were all ways that parents felt they could be involved in the planning of municipal leisure services. And most parents felt that inviting them to participate through promotions or a letter was the best way to get their input. The 'service organizations reported that they were most commonly made aware of City services and facilities by word of mouth and the City of Pickering brochure. The types of City programs that these organizations have referred to their members include swimming at the Rec. Complex, family play in the combatants room (our special place program), and summer camp. The respondents felt that City staff do their best to make the experiences enjoyable for their members but are limited by the facility within which they operate. Once again, a lack of family change rooms was sited by special needs service providers as a restriction to special needs participation. Also, according to these respondents, the facility (specifically the Recreation Complex) should include more specialized amenities such as lifts to get into the pool and adaptive equipment. When asked what services and facilities the City should provide their members, the overall response was that swimming programs with a suitable lift to get into the pool and proper change room facilities were the least the City could do to accommodate special needs participants. There were not any clear or specific recommendations provided by the respondents to address how the City could partner with their organization for future recreation planning. The respondents did feel that group meetings would be beneficial to gaining their input on how the City can provide leisure services to their members. Clearly, information gathered through the Master Plan public consultation process indicated that the special needs community wish to see more specialized programs offered by the City of Pickering. In this way, the participant has the choice (depending on their ability and comfort level) between an integrated program or the specialized program setting. 047 As a result of these comments, the Strategic Plan recommends that Culture & Recreation Division should identify partnership opportunities that would assist in the development and provision for specialized programs. 7.1.3 The Role of the Coordinator, Community Recreation Programs The Coordinator, Community Recreation Programs is responsible to coordinate the City's integrated and specialized leisure/recreation programs, liaise with service organizations that work with the disabled community, sit on various committees that deal with accessibility issues and works with the Durham Regional Police to coordinate the annual Disabled Children's Games. Consistent with this role, the Coordinator, Community Recreation Programs is also responsible to act as a resource to the Culture & Recreation Division when dealing with accessibility issues. The Coordinator, Community Recreation Programs actively assesses the Division's programs, services and policies to ensure they meet the .needs of the disabled community. As a representative of the City of Pickering, the Coordinator, Community Recreation Programs also participates with the Ontario Disabilities Act (ODA), Municipal Coordinating Group to discuss accessibility issues. 7.1.4 Facility improvements, renovations, additions will now involve the Coordinator, Community Recreation Programs Beginning in 2003, the Supervisor, Facility Operations will consult the Coordinator, Community Recreation Programs before initiating facility improvements, renovations and/or additions. The role of the Coordinator, Community Recreation Programs will be to identify any accessibility related concerns with respect to the facility work. 7.1.5 Creation of a central Accessibility file for every accessibility issue/action taken in the Corporation In order to be continually aware of the issues and actions taken within the Corporation to as it relates to accessibility, the Operations & Emergency Services Department, Culture & Recreation Division will create and maintain one central Accessibility file for the City of Pickering. All Departments within the Corporation will be asked to record any accessibility related issue/action and send a record to Culture & Recreation Division for central filing. In this way, the Division can gain an comprehensive understanding of the issues and actions being taken to address accessibility throughout the Corporation. The central file will be reviewed on a monthly basis by the Coordinator, Community Recreation Programs. The Coordinator, Community Recreation Programs can provide recommendations and/or conduct follow up with the Departments to resolve any outstanding issues. Clearly, the role of the Coordinator, Community Recreation Programs will provide a measure to assess the City's programs, services, and policies as it relates to accessibility. 8 O48 7.1.6 Development of the City of Pickering's Accessibility Advisory Committee In early 2003, the City of Picketing held its first Accessibility Advisory Committee (AAC) Meeting. The committee is currently chaired by Councillor Dave Ryan and includes 3 community residents with disabilities (currently mobility and sight impaired), a Special Needs Group Home Worker, a member of the Library Board, as well as a City staff person being the Coordinator, Community Recreation Programs. The responsibilities of the Accessibility Advisory Committee are the following: · To advise Council, once per year, about preparation, implementation and effectiveness of its accessibility plan. · To advise Council on the accessibility for persons with a disability to a building, structure or premises, or part of a building, structure or premises, that Council purchases, constructs, renovates, leases or which is provided to the Municipality as a capital facility. · To review site plans and drawings described in Section 41 of the Planning Act. The AAC will continue to attend monthly meetings. The role of the Accessibility Advisory Committee will be another means to assess City programs, services and facilities. 7.1.7 The City of Pickering provides TTY Access The City has TTY equipment to facilitate telephone communication with the hearing impaired. Currently there are 5 available in the Councillors' Office, Customer Care Centre, Pickering Central Library, Recreation Complex and Works Centre. 7.1.8 The Culture & Recreation Division offers TTRS In 2002, the Culture & Recreation Division developed and introduced the Touch Tone Registration System (TTRS)for nearly all City of Pickering Recreation and Leisure Programs. TTRS is an attractive registration option because it provides the customer with the flexibility to register over the telephone- from the comfort of their home. This registration option would benefit consumers with physical disabilities. 7.1.9 City of Pickering enforces site plan requirements Enforcement of site plan requirements respecting handicap accessibility has been improved. By-law enforcement inspects public entrances to ensure compliance with the site plan agreement concerning handicap parking spaces, signage, proximity of spaces, accessibility of entrances, and ramps. 7.1.10 City of Pickering Penalties Increased Fines for illegal parking in disabled parking spaces has been increased to $300 as per provincial legislation. In addition, staff have investigated the rules of 9 O49 qualification for provincially issued disabled parking permits and now convey this information to our customers. 7.1.11 Human Resources provides easy to access forms Information with regard to HR (job applications, direct deposit forms, health claim forms & general information) can be found outside the front desk easily accessible to everyone who requires the information. In addition to the information being available in hard copy, employees can find forms, and policy information on-line and can submit these forms via email. Interested job seekers can search for positions and apply for these positions on-line making it easier for applicants to have access to our positions, including those with limited mobility who cannot obtain an application in person. 7.1.12 Website ALT tagging all images on the website to allow for text description for the blind. 7.1.13 Community Emergency Management Planning Community emergency management planning is underway to address the evacuation needs of citizens who require special notification and accessibility provisions. 7.1.14 Fire Prevention provides information and support to the Disabled Community Fire Prevention staff provide the disabled community a brochure entitled" Fire Safety for People With Disabilities", upon request. This brochure essentially assists people with disabilities to plan around their abilities, such as sleeping by a phone, keeping a flashlight handy and installing smoke alarms. 7.1.15 The City of Pickering Official Plan (1997) The City of Pickering Official Plan (1997) contains policies addressing accessibility issues, and the needs of the disabled and other persons with special needs. In general, policies address: i. Transportation: consultation with groups and individuals dependant on specific modes of transportation including the elderly and students; maintaining an interconnected system of sideways and walkways; considering the needs of the physically challenged in the design and operation of its transportation; and identifying specific pedestrian and other bridges with sidewalks to minimize the barrier effects of major freeways ii. Housing: encouraging the provision of an adequate supply of assisted and special needs housing; and supporting providers of assisted and special needs housing in the provision and integration of assisted and special needs housing in the City iii. Community Services: identifying and providing leisure and recreational services and programs to special needs groups as identified over time 10 050 iv. Detailed Design Considerations: endeavouring to ensure that barrier-free access is provided to all public buildings, areas and transportation facilities, that the main travelled portions of pedestrian routes are kept free of obstruction and that barrier-free design features are well integrated with the functional and aesthetic design of developments to preclude the perception of segregation 7.1.16 City of Pickering Development Guidelines Some of the Council-adopted Development Guidelines that are consolidated in the Compendium Document to Official Plan contain statements addressing accessibility issues, and the needs of the disabled and other persons with special needs. In general, guidelines address: i. Liverpool Road Waterfront Node: principles of continuity, safety, convenience, accessibility for the disabled and comfort in the sidewalk system; key requirements for construction of ground-level rooms to be converted to commercial use including rouged-in washroom facilities that meet barrier-free standards ii. Walnut Lane Area: dropped curbs at locations where the pedestrian promenade crosses a vehicular zone iii. Pickering Downtown Core: provision of handicapped vehicle parking on both sides of Glenanna Road in the vicinity of the bus lay-by; pedestrian crossings at intersections should have curb cuts for barrier-free access; iv. Rouge Park Neighbourhood: a density bonus may be given in return for the provision of specific services or facilities including special needs housing; The Department's Development Control Design Standards manual includes specifications for depressed curb cuts and "white cane" directional concrete grooving. 7.1.17 The City of Pickering's Site Plan Manual The City of Pickering's Site Plan Manual contains requirements for the size and number of required parking spaces for the disabled. The manual also notes additional spaces may be required depending on the proposed use. The manual also specifies the need for depressed curbs at key locations. 7.1.18 Site Plan Review Review of site plans, both new buildings and changes to existing buildings, includes consideration of the disabled and other special needs issues. 7.1.19 Enforcement of Building Code requirements Building Code requirements for barrier-free access design are strictly enforced. 7.1.20 City of Pickering Development/Subdivision Applications Review of development/subdivision applications includes consideration of the disabled and other special needs issues. 11 051 7.1.21 Site Plan Digitally Available Selected site plan details, including the disabled digitally available from the Department parking space details, are 7.1.22 Specific Definition in Zoning By-Law The Department created a specialized definition and related requirements for a "barrier-free dwelling unit" in a site-specific zoning by-law for a seniors project. 7.1.23 City of Pickering makes accommodation during Construction A special agreement made for a recently disabled individual to remain in their current dwelling while a new dwelling to accommodate a wheelchair was constructed on the same property. 7.1.24 Pickering Central Library Renovation and Redesign The central library front lobby is currently being renovated and redesigned to provide full barrier free access. Included is a service desk with a dropped section to accommodate wheelchair access, removal of the turnstile entrance, installation of an automatic revOlving door with full accessibility along with a new side entry door with button entry, and a desk designed to accommodate any special needs. 7.1.25 Workstation for Visually ImPaired with Wheelchair access at Pickering Central Library After consultation with the CNIB, Pickering Central Library has installed a special workstation for the visually impaired which includes a special adaptive keyboard and uses large print. In addition, this workstation is housed on a special desk which can be easily raised to accommodate wheelchairs of any size. 7.1.26 Enhanced On-line Library Reference Services Pickering Library Services live on-line reference enables Pickering residents to access all of our library resources from the comfort of their own home and use their own specially modified adaptive technologies. 7.1.27 Supply & Services The needs of the disabled are considered when deciding to purchase goods or services through the procurement process. 7.1.28 Providing Accessible Playground Equipment and Trails Over the past year the City of Pickering has provided accessible playground equipment and trails utilizing accessible safety surface, curb cuts and ground mounted play elements. 7.1.29 Sidewalk Construction Construct sidewalks within road allowances to provide connecting links where currently no sidewalks exist. 12 O52 7.1.30 Barrier Free Curb Depressions Install barrier free curb depressions at intersections for pedestrian crossings and in parking lots for disabled parking. 7.1.31 City of Pickering By-Laws City of Pickering is working to ensure that new by-laws that are existing by-laws that are reviewed give due consideration to principles. enacted and accessibility 7.1.32 City of Pickering Policies City of Pickering is working to ensure that City policies give due consideration to accessibility principles. 8.0 Barrier-Identification Methodologies 2000 Accessibility Audit Report completed by the City of Pickering 2002 Recreation, Parks and Cultural Services Master Plan completed by the City of Pickering A comprehensive audit the City's facilities Assessment of the City's current leisure service delivery and a plan to improve service delivery over the next 5-10 years. Plan involved the input of service organizations that work with the disabled community and of parents with disabled program participants. Reviewed findings of the 2000 Accessibility Audit Report and prioritized facility improvements that need to be made. Prioritized list is reflected in the 2003 Annual Accessibility Plan. Plan recommends that Culture & Recreation Division should identify partnership opportunities that would assist in the development and provision for specialized programs. This recommendation is reflected in the 2002 Master Plan and the 2003 Annual Accessibility Plan. 13 053 2003 Annual Accessibility Workbook issued to City staff for their comments The City of Pickering Accessibility Advisory Committee consulted on the City's 2003 Accessibility Advisory Plan A workbook was provided to management-level staff of each Department/Division within the City of Pickering. The workbook was a tool to collect information from each area regarding their recent initiatives to remove barriers and strategies to remove existing barriers in the coming year. The list of 2003 facility improvements was presented to the AAC at their 2003 spring committee meeting for comments. Their suggested changes were accommodated. The AAC were provided an opportunity to review the 2003 Annual Accessibility Plan and make comments. Workbooks were completed in August 2003. Responses were reviewed and included (where appropriate)into the 2003 Annual Accessibility Plan. Suggested changes were accommodated in the City's final 2003 Annual Accessibility Plan 14 054_ 9.0 Barriers Identified Doors into Council Chambers are too heavy Doors leading to men's lobby washroom at the Pickering Recreation Complex - Central Core are not accessible to wheelchair users Doors leading to women's lobby washroom at the Pickering Recreation Complex - Central Core are not accessible to wheelchair users Doors leading to fitness area (upstairs) at the Pickering Recreation Complex- Central Core are not accessible to wheelchair users Doors leading to men's members change room (2 sides) at the Pickering Recreation Complex- Central Core are not accessible to wheelchair users Doors leading to women's members change room (2 sides) at the Pickering Recreation Complex - Central Core are not accessible to wheelchair users Physical Physical Physical Physical Physical Physical strategY for ;its ; ; remo~l~preventiOn,, Provide automatic door leading into Council Chambers (east side only) Provide automatic door leading into men's lobby washroom at the Pickering Recreation Complex - Central Core Provide automatic door leading into women's lobby washroom at the Pickering Recreation Complex - Central Core Provide automatic door leading into fitness area (upstairs) at the Pickering Recreation Complex- Central Core Provide automatic door leading into men's members change room (2 sides) at the Picketing Recreation Complex- Central Core Provide automatic door leading into women's members change room (2 sides) at the Pickering Recreation Complex- Central Core ]5 055 Door leading from members change room to pool hallway, at the Pickering Recreation Complex- Central Core is not accessible to wheelchair users Door leading from pool deck to pool hallway at the Pickering Recreation Complex- Central Core is not accessible to wheelchair users Doors leading to men's public change room (2 sides) at the Pickering Recreation Complex- Central Core are not accessible to wheelchair users Doors leading to women's public change room (2 sides) at the Pickering Recreation Complex - Central Core are not accessible to wheelchair users Doors leading to men's washroom at the East Shore Community Centre are not accessible to wheelchair users Doors leading to women's washroom at the East Shore Community Centre are not accessible to wheelchair users Entrance to Claremont Community Centre is ~naccessible to wheelchair users Physical Physical Physical Physical Physical Physical Physical Provide automatic door from members change room to pool hallway at the Pickering Recreation Complex- Central Core Provide automatic door from pool deck to pool hallway at the Pickering Recreation Complex- Central Core Provide automatic door leading into men's public change room (2 sides) at the Pickering Recreation Complex- Central Core Provide automatic door leading into women's public change room (2 sides) at the Pickering Recreation Complex- Central Core Provide automatic door leading to men's washroom at the East Shore Community Centre Provide automatic door leading to women's washroom at the East Shore Community Centre Level entrance threshold to the interior surface of the Claremont Community Centre 16 058 Entrance curb at the Claremont Community Centre is inaccessible to wheelchair users from the parking lot All municipal facility signs could be improved to better meet the needs of the visually impaired community Electors who are visually impaired cannot vote independently. Counter surface in the Clerk's Division are too high for wheelchair users. Main entrance doors at the Civic Complex swing out. Currently, staff are unable to interview hearing impaired candidates Job advertisements inaccessible to visually impaired candidates Physical Physical Physical Physical Physical Policies & Practices Information Cut entrance curb to provide level access to the parking lot of the Claremont Community Centre Install various facility signs in pictograms or brail - where possible The Clerk's Division has made arrangements to contract two touch- screen voting systems with audio for use at both of the advance polls. Magnifying sheets have been purchased for use at all polls on election day. Retrofit high-traffic customer service counter to include a section with a lower counter. Retrofit the doors so that they slide in the same manner as the inner doors at the same entrance. Identify the issue prior to interview and make appropriate arrangements (i.e. machine or bring in a person who can interpret sign language) Identify new areas of advertising to include this group l? Human Resources printed material and Web-based information are not designed for visually impaired individuals Information Enlarge the font of Pickering Official Plan, and Compendium Document only available standardized printed material, work with web- site coordinator to enhance our on-line job application forms etc. in print. Information Additional design Provide information in alternative/multiple formats to people with disabilities to enable completion and submission electronically (website; disc or other electronic means). Information Consult City's standards and site plan manual requirements may be of assistance in application and plan review processes Accessibility Committee on appropriateness of current guidelines and processes; amend where necessary. Providing consumers with PDF files in different formats for more versatility to readers Website frames may create a problem for text readers Currently there are no Information Information Communications Website Coordinator to identify different formats for use on the website if deemed necessary Website Coordinator to determine if new layout is required. The Community means to effectively notify citizens who are hearing or visually impaired that a community emergency exists and that certain actions are required Emergency Management Program Committee will ensure that plans are developed to provide community emergency notifications to all citizens. Currently there are only draft plans to assist citizens who require transportation assistance if required to take sheltering or evacuation actions due to a community emergency Service The Transportation and Evacuation Working Group is completing plans that will address this matter. 18 O58 Library reference service desk at Central Library is not fully accessible TTY location at Pickering Public Library is not readily accessible Greenwood Library Branch library is not accessible Lack of sidewalks for access on Rosebank Road South Lack of sidewalks for access on Rougemount Drive Recreation Complex Disabled Parking Playground safety surface Playground Equipment Physical Physical and Information Physical Physical Physical Physical Physical Physical Will plan to renovate and redesign the desk to improve accessibility Investigate a more accessible location for the TTY Provide accessible library service for Greenwood residents. New sidewalk New sidewalk Enhanced disabled parking accessibility using depressed curbs Using a surface material that is wheelchair accessible Ground accessible play components being installed 19 059 10.0 Barriers that will be addressed in 2003-2004 The core working group will address 30 barriers during in 2003-2004. The core working group decided to focus on the facility related barriers that were identified in the 2000 Accessibility Audit. The list of barriers is in descending order of importance. Bar~ier Objective s~rategY to Performance Resources: Tim ng ResponsibilitY Re~bve/preveht Citizens who Complete Have an Implement Staff from Sept. Emergency have special the Evacuation and the the City, 2003 Response accessibility development Transportation Transporta- Region, Coordinator needs are not of the draft Plan that tion and Town of considered in plans, addresses the Evacuation Ajax, the current needs of all Plan during Regional emergency citizens, the Pickering Police, and plans. 2003 APTA Exercise. Electors who Enable Acquire the Touch- City funds Nov. Supervisor, are visually electors to necessary screen units for 2003 Legislative impaired vote equipment available at equipment Services cannot vote independent- advance rental/ independently ly polls and acquisition magnifiers at polls on election day. Doors into Make Install automatic Confirm cost Staff Time Dec. Supervisor, Council modifications door leading into estimate and 2003 Facility Chambers are to door that Council company to Capital Operations too heavy ensures Chambers (east do the work Funds access to side only) by August wheelchair 2003 users Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to men's lobby modifications door leading into estimate and 2003 Facility washroom at to door that men's lobby company to Capital Operations the Pickering ensures washroom at the do the work Funds Recreation access to Pickering by August Complex - wheelchair Recreation 2003 Central Core users Complex- are not Central Core accessible to wheelchair users 20 06O Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to women's modifications door leading into estimate and 2003 Facility lobby to door that women's lobby company to Capital Operations washroom at ensures washroom at the do the work Funds the Pickering access to Pickering by August Recreation wheelchair Recreation 2003 Complex - users Complex - Central Core Central Core are not accessible to wheelchair users Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to fitness roommodifications door leading into estimate and 2003 Facility change doors to door that fitness room company to Capital Operations at the ensures change doors at do the work Funds Pickering access to the Pickering by August Recreation wheelchair Recreation 2003 Complex - users Complex - Central Core Central Core are not accessible to wheelchair users Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to men's modifications door leading into estimate and 2003 Facility members to door that men's members company to Capital Operations change room ensures change room (2 do the work Funds (2 sides) at access to sides) at the by August the Pickering wheelchair Pickering 2003 Recreation users Recreation Complex - Complex - Central Core Central Core are not accessible to wheelchair users 21 06! Door leading Make Provide automatic Confirm cost Staff Time Dec. Supervisor, from members modifications door from estimate and 2003 Facility change room to door that members change company to Capital Operations to pool ensures room to pool do the work Funds hallway at the access to hallway at the by August Pickering wheelchair Pickering 2003 Recreation users Recreation Complex - Complex - Central Core Central Core is not accessible to wheelchair tJsers Door leading Make Provide automatic Confirm cost Staff Time Dec. Supervisor, from pool deck modifications door from pool estimate and 2003 Facility to pool to door that deck to pool company to Capital Operations hallway at the ensures hallway at the do the work Funds Pickering access to Pickering by August Recreation wheelchair Recreation 2003 Complex - users Complex - Central Core Central Core is not accessible to wheelchair users Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to women's modifications door leading into estimate and 2003 Facility members to door that women's company to Capital Operations change room ensures members change do the work Funds (2 sides) at access to room (2 sides) at by August the Pickering wheelchair the Pickering 2003 Recreation users Recreation Complex - Complex - Central Core Central Core are not accessible to wheelchair users 22 062 I Barrier Objective = strategyto :~erfo(mance Resources Timing Responsibiii~Y :;Criteria:;::: ::'; Ineffective Develop As part of the Implement Community Dec. Emergency means of plans that effort to further the specific Emergency 2003 Response notifying include develop the City'scommunica- Manage- Coordinator hearing and specific community tions ment visually notification emergency planning, Program impaired requirements management inform the Committee citizens of an for hearing plans, include citizens emergency, and impaired requirements to whom it vision address this applies to of citizens communications its existence, issue, and conduct a drill to test the plans. Additional Confirm Consult City of Have Staff time June Manager, design adequacyof Pickering's meeting and 2004 Development standards and existing, Accessibility revise or add Review site plan identify the Committee on new requirements need for appropriateness standards as may be of new, and of current necessary assistance in add new guidelines and (as part of development guidelines or processes; City efforts review design amend where to ensure by- processes standards necessary, laws give where due necessary considera- tion to current accessibility principles) Pickering Investigate Establish a Completion Staff time Oct. Principal Official Plan options and written proposal, of written 2004 Planner- only available costs to with cost proposal Development in print, create a estimates, for with cost Review with digitally inclusion in 2005 estimates the available budget Supervisor, Official Plan submission; Information & Support Services 23 O63 Barrier..Objective ; strategy:tO;:: Performance: Resources ::Timing;: Responsibiii~y: Entrance to Make Level entrance City staff to Staff Time Dec. Coordinator, Claremont modifications threshold to the complete 2004 Engineering Community to entrance interior surface of design and Capital Design & Centre is to make it the Claremont to level Funds Systems inaccessible toaccessible COmmunity threshold by wheelchair Centre December users 2004 Entrance curb Make Cut entrance curb City staff to Staff Time Dec. Superintendent, at the modifications to provide level cut entrance 2004 Municipal Claremont to curb to access to the curb to make Capital Operations Community make it parking lot of theit level with Funds Centre is accessible Claremont parking lot inaccessible to Community by October wheelchair Centre 2004 users from the parking lot All municipal To make Install various City staff to Staff Time Dec. Coordinator, facility signs modifications facility signs in identify 2004 Community could be to facility pictograms or facility signsCapital Recreation improved to signs so they brail - where to be Funds Programs better meet better meet possible modified, the needs of the needs of determine a Input by the visually the visually sign service impaired impaired standard, organiza- community community requisition tions to the work, and visually install new impaired facility signspopulation by December 2004 Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to men's modifications door leading into estimate and 2004 Facility public change to door that men's public company to Capital Operations room (2 sides) ensures change room do the work Funds at the access to (2 sides) at the by March Pickering wheelchair Pickering 2004 Recreation users Recreation Complex - Complex - Central Core Central Core are not accessible to wheelchair users 24 064 Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to women's modifications door leading into estimate and 2004 Facility public change to door that women's public company to Capital Operations room (2 sides) ensures change room (2 do the work Funds at the access to sides) at the by March Pickering wheelchair Pickering 2004 Recreation users Recreation Complex - Complex - Central Core Central Core are not accessible to wheelchair users Door leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to pool deck modifications door leading to estimate and 2004 Facility from change to door that pool deck from company to Capital Operations rooms at the ensures change rooms at do the work Funds Pickering access to the Pickering by March Recreation wheelchair Recreation 2004 Complex are users Complex inaccessible Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to men's modifications door leading to estimate and 2004 Facility washroom at to door that men's washroom company to Capital Operations the East ensures at the East Shore do the work Funds Shore access to Community by March Community wheelchair Centre 2004 Centre are not users accessible to wheelchair users Doors leading Make Install automatic Confirm cost Staff Time Dec. Supervisor, to women's modifications door leading to estimate and 2004 Facility washroom at to door that women's company to Capital Operations the East ensures washroom at the do the work Funds Shore access to East Shore by March Community wheelchair Community 2004 Centre are not users Centre accessible to wheelchair users 25 ( 65 Barrier Objective Strategy to : Performance:ReSources Timing Responsibility : Remove/PreVent Criteria : Improve Enable the Provide a Have Staff Time, Dec. Coordinator, interview interview machine and/or Coordinator, 2004 Employment process for team to have an Employment possible Services hearing effectively interpreter join the Services City funds impaired interview interview team identify individuals hearing issues and impaired arrange for individuals services Improve job Ensure this Identify ways of Consider Staff Time Dec. Coordinator, ads for the group has advertising to alternative 2004 Employment visually access to job include this groupand possible Services impaired postings current ways of advertising Improve To make Enlarge print Make Staff Time Dec. Manager, printed forms more when able to, modifications 2004 CPED and material and user friendly work with to existing Website web-based WebSite forms Coordinator information Coordinator to ensure on-line applications are accessible and can be used by those with vision impairment Text reading All PDF files Website Make the Staff Time Dec. Manager, devices being coordinator to identified 2004 CPED and cannot read available in identify differentformats Website PDF files different formats for use ofavailable on Coordinator formats for the website if the website more deemed versatility tonecessary readers Identifying allTo prepare Website Include Staff Time Dec Manager, barriers that On-line coordinator to survey on 2004 CPED and exist on our survey prepare survey our site Website website asking Coordinator residents and visitors to our website to identify barriers 26 Library Make the Renovate and Desk will be Staff Time Dec. Library C.E.O. reference desk more relocate desk fully 2004 service desk accessible accessible City Funds at Central Library is not fully accessible TTY location Improve Locate TTY in ..... Improved Staff Time Dec. Director, of is not readily public more accessible use of TTY 2004 Access accessible awareness area Services for of service Pickering and make Library service more Services accessible Lack of Provide Inventory and Estimate City Staff 2004- Supervisor, Sidewalks pedestrian prioritize all construction 2008 Municipal connecting missing costs and Works links connections include in annual budget Playground Provide Incorporate Safety City Staff 2004- Coordinator, Equipment accessible accessible surfaCe, Manufactur 2008- Parks and units elements into ramping, er Landscape design review curb cuts Contractor Design 11.0 Review and Monitoring Process The core working group will meet every second month to review progress of the plan. At each meeting, status reports will be provided and follow up will be conducted with any staff or contacts that have a role in the implementation of the plan. 12.0 Communication of the Plan The City of Pickering will place an advertisement in the local newspaper to announce the completion and availability of the 2003 Annual Accessibility Plan. The public can access the 2003 Annual Accessibility Plan electronically via the City of Pickering's website (during the period of October to December 2003) or by picking up a hard copy of the plan at the Pickering Civic Complex or the Central Library (during 2003 & 2004). 27 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report CS 34-03, concerning Municipal Performance Measurement Program - Provincially Mandated Public Reporting of Performance Measures, be received for information. CARRIED: PICKERING REPORT TO COUNCIL Report Number: CS 34-03 Date: Septem'ber 10, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Municipal Performance Measurement Program - Provincially Mandated Public Reporting of Performance Measures Recommendation: It is recommended that Report CS 34-03 from the Director, Treasurer be received for information. Corporate Services & Executive Summary: At its meeting of July 28, 2003 the Audit Committee received a draft of the Municipal Performance Measurement Program results that were to be submitted to Council prior to publication. The collection and reporting of these measures is not in any way associated with the annual audit and these measurements are being submitted and reported to the public by the Treasurer under direction of Provincial authority. The measures were filed with the Province on June 4, 2003 and we have continued to review and adjust these measures, as is permitted by the Province, in preparation for release to the public by the September 30 deadline. Attached are the performance measure results and supplemental information package that will be reported to the public. Financial Implications: None. Background: Attachment 1 is the information mandated by the Province to be reported to the public by September 30, 2003. With this being the third Year of Performance Measurement reporting, one must bear in mind that these measures are still evolving as feedback from municipalities are received and are taken into consideration by the Province in determining and the development of the Performance Measures to be reported upon. In Year 1, 2000, there was data collected for 35 measures of which 16 were required to be publicly reported. Of these only 14 applied to the City. In Year 2, 2001, 25 measures were required to be completed and publicly reported. Of these only 15 performance measures were applicable for the City of Pickering. For 2002 40 measures were required to be completed and publicly reported, but only 19 applied to the City. Report CS 34-03 Date: September 10, 2003 Subject: Municipal Performance Measurement Program - Provincially Page 2 Mandated Public Reporting of Performance Measures The feedback received from municipalities after the first two years has resulted in refinements to the way measures are defined and calculated which leads to improving the measures to better serve the interests of the public and municipal needs. In addition the Province's Financial Information Return (FIR) is also evolving which is the basis of the data used in the calculations for Performance Measures. For example for 2001 the methodology for reporting General Government costs was significantly changed. In that year municipalities had the option of using the same method as in 2000, which was the case in Pickering pending further information, or the new method for reporting General Government costs resulting from the CAO's benchmarking study. The method for reporting General Government costs based on the CAO's benchmarking study was mandatory for reporting in 2002. This change alone significantly affects the comparability of results from one year to another. Moreover, I must strongly emphasize that all of the foregoing makes municipality-to-municipality comparisons relatively meaningless. It will only be through continuing efforts, ongoing experience, further clarifications from the Province and consistent reporting formulas that year-to-year comparisons within the municipality and across municipalities will start to become meaningful. As was reported to Council in September of last year, 2002 comments pertaining to the compilation and interpretation of the data have been included. This aids in the explanation and understanding of what is being reported. The Province has made provision for these comments and encourages their inclusion, as many municipalities do. According to the Provincial mandate the City has the following options for public reporting: 1. Direct mail to taxpayers/households 2. Insert with the property tax bill 3. Public "advertising" in local newspapers 4. Posting on the Internet In the interests of efficiency and expediency, City staff have opted for the fourth option. The information will be posted on the City's website, as was the case last year, and a notice to this effect will be included in the next "Community Page" in the local newspaper, Attachment 3. The information will also be available to anyone wishing to pick it up at City Hall. 070 Report CS 34-03 Date: September 10, 2003 Subject: Municipal Performance Measurement Program - Provincially Page 3 Mandated Public Reporting of Performance Measures Attachments: 1. 2002 Provincial Performance Measurement Program - Public Reporting 2. Comparison of 2002 and 2001 Performance Measures 3. Public Notice to be included in the Community Page of the News Advertiser Prepared By: Krisfine Senior Manager, ^ccounting Services Prepared By: Prepared / Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Shanty Ramoutar Senior Financial Analyst GAP:vw Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Solicitor for the City City Clerk Recommended for the consideration of Pickering City Council ~ Th6rr~'J. O~nn, C_,~ef Admi~r ATTACHHENT #_L_TO REPORT CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT OVERVIEW As required by the Ontario Government's Municipal Performance Measures Program (MPMP), the Treasurer of the City of Pickering, as part of its 2002 Financial Information Return (FIR) package, has submitted financial and related service performance measurements to the Province. This program was announced in 2000 by the Ontario Government, which requires municipalities to collect and report data in the form of performance measurements on key service areas to the Province and the Public. The objective of the Province is: to enhance accountability by reporting to taxpayers; to increase taxpayer awareness; and, to improve service delivery by sharing best practices with comparable municipalities. In keeping with enhancing accountability to taxpayers, the Province accepted new categories for reporting General Government costs recommended by the Ontario Municipal CAO's Benchmarking Imitative (OMBI). Commencing for 2002 reporting all municipalities were required to use the new General Government categories developed by OMBI and the City has implemented this change. As municipalities change and grow, its citizens expect to receive quality, cost effective services. Performance measurements are a means of benchmarking these services. The City is committed to refining and developing new methods of collecting data so as to have more efficient and effective benchmarking tools. The benefits of this program will not be seen immediately, as municipalities in conjunction with personnel of the Ontario Government's Municipal Performance work towards standardizing information collected in calculating the related measures which will ultimately allow for fair comparisons from year to year and across municipalities. This year, for the first time, results for both 2002 and 2001 are included for comparative purposes. In addition, a comparability table has been provided that highlights which results are comparable within the municipality's own measures and includes comments explaining why they are not comparable. ' Each measure is also accompanied by comments regarding aspects of the measurements. The comments are an integral part in the interpretation of the performance measure results. These results should not be compared across municipalities without consideration of the comments that impact on interpreting and understanding the results. In addition, influencing factors in the collection of. data or refinements while the measures are still evolving could affect the results and comparability of same year over year. 072 Comparability Table - Reporting Year 2002 Operating costs for governance and corporate Not Comparable to 2001, due to The 2001 calculation was management as a pementage of total municipal change in General Government based on old General operating costs categories Government categories whereas the 2002 calculation is based on new General Government's categories developed by OMBI Operating cost for fire services per 1,000 of Comparable to 2001 I assessment I Operating costs for paved (hard top) roads per lane Not comparable to 2001 due to Rents & Financial kilometre formula change Expenses, Inter-functional adjustments and allocation of program support were added to the formula. Operating costs for unpaved (loose top) roads per Not comparable to 2001 due to Rents & Financial lane kilometre formula change Expenses, Inter-functional adjustments and allocation of program support were added to the formula. Operating costs for winter maintenance of roadways Not comparable to 2001 due to Rents & Financial per lane kilometre maintained in winter formula change Expenses, Inter-functional adjustments and allocation of program support were added to the formula. Percentage of paved lane kilometres where the Comparable to 2001 The percentage of paved condition is rated as good to very good lanes was consistently rated as good. Percentage of winter events where the response met Comparable to 2001 All roads met the required or exceeded locally determined road maintenance standards. standards Operating cost for Conventional Transit Not comparable to 2001 In 2001 the results reported were based on operating costs of the City of Pickering transit division only. The 2002 results represent the operating costs and service area for the amalgamation of both Pickering and Ajax transit divisions. Number of conventional transit passenger trips per Not comparable to 2001 In 2001 the results reported person in the service are in a year were based on operating costs of the City of Pickering transit division only. The 2002 results represent the operating costs and service area for the amalgamation of both Pickering and Ajax transit divisions. 07:3 Comparability Tabl~ - R~porting Y~ar 2002 Operating cost for urban storm water management Not comparable (new measure) Operating costs for solid waste collection per tonne Comparable to 2001 Operating costs for solid waste diversion per tonne Comparable to 2001 The Region is responsible for collection of Blue Box materials. This cost represents the cost of collection of yard waste done by the City and of the organic stream pilot project for 12 months. Number of complaints received in a year concerning Comparable to 2001 The amount of complaints the collection of garbage and recycled materials per used for this calculation was 1,000 household an estimate provided by the operating division as calls were not formally tracked in 2002. A formal tracking system for complaints is being implemented for commencement in 2004. Pementage of residential solid waste diverted for Comparable to 2001 The region is responsible for recycling based on tonnes the collection of all blue box materials. The result represents the diversion rate related to collection of , yard waste onl~ Percentage of new lots, blocks and/or units With final Comparable to 2001 100% of new lots, blocks approval which are located within the settlement and/or units with final areas approval by the City were located within the settlement areas. Percentage of land designated for agricultural Comparable to 2001 No agricultural lands were purposes which was not re-designated for other uses re-designated during 2002 during 2002 Percentage of land designated for agricultural Comparable to 2001 purposes, which was not re-designated for other uses relative to the base year of 2000. Number of hectares of land originally designated for Comparable to 2001 No agricultural lands were agricultural purposes which was re-designated for re-designated during 2002 other uses during the reporting year 2002 Number of hectares land originally designated for Comparable to 2001 agricultural purposes which was re-designated for other uses since January 1,2000 074 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT LOCAL GOVERNMENT 1.1 OPERATING COSTS FOR LOCAL GOVERNMENT 2002 6.06% Efficiency Measure Operating costs for governance and corporate management as a percentage of total municipal operating costs. Objective To determine the efficiency of municipal management. General Comments The following factors can influence the above results: · The extent that cost centers within municipalities directly relate to the functions included under the governance and corporate management categories Detailed Comments Note: Comparatives not included as there was a change in Government categories used for reporting costs for 2002. reporting General CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 075 FIRE SERVICES 2.1 OPERATING COSTS FOR FIRE SERVICES 2002 2001 $1.26 $1.31 Efficiency Measure Operating costs for fire services per $1,000 per assessment. Objective Efficient municipal fire services. General Comments The following factors can influence the above results across municipalities: · Emergency response times · Number and location of fire halls Detailed Comments Assessment value does not necessarily correlate to operating cost for fire services. The higher the assessment value, the lower the cost per $1,000 assessment. Conversely the urban/rural mix of the community will affect the results as will the size and type of commercial/industrial establishments. Number of households, response time and urban/rural mix of the municipality are factors that determine the need for fire services not the property value. 076 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT ROAD SERVICES 4.1 OPERATING COSTS FOR PAVED ROADS 2002 $432.10 Efficiency Measure Operating costs for paved (hard top) roads per lane kilometre Objective Efficient maintenance of paved roads. General Comments The following factors can influence the above results across municipalities: · Use of the roads by heavy equipment. · The municipality's standard for road conditions in comparison with comparable municipalities. · Kilometres of paved roads in the municipality. · The allocation of operating costs used in the determination of the numerator when there is not a separate cost centre. Detailed Comments At the present time the City of Pickering does not maintain a separate cost centre to track costs that directly relates to paved roads. However, direct costs attributable to this function have been identified. The costs for administration and other related costs have been allocated to the cost for paved roads based on management's best estimate of the proportion of responsibility dedicated to the road functions such as maintenance of paved and unpaved roads and winter control The identified costs attributable to this function include employee wages & benefits, asphalt, line painting, program support, rental of heavy equipment, ditching and culvert maintenance The City maintains 719 paved lane kilometres. Note: Comparatives not included as there was a change to the formula for 2002. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 077 ROAD SERVICES 4.2 OPERATING COSTS FOR UNPAVED ROADS 2002 $6,035.56 Efficiency Measure Operating costs for unpaved (loose top) roads per lane kilometre. Objective Efficient maintenance of unpaved roads. General Comments The following factors can influence the above results across municipalities: · Use of the roads by heavy equipment. · The kilometres of unpaved roads in the municipality in comparison with comparable municipalities. · Locations of the unpaved lanes. · The allocation of operating costs used in the determination of the numerator when there is not a separate cost centre. Detailed Comments At the present time, the City of Pickering does not maintain a separate cost centre to track costs that directly relates to unpaved roads. However, direct costs attributable to this function have been identified. The cost for administration and other related costs have been allocated to the cost for unpaved roads based on management's best estimate of the proportion of responsibility dedicated to the road functions such as maintenance of paved and unpaved roads and winter control. The operating cost of maintaining the City's unpaved roads includes employee wages & benefits, granular materials, administering calcium programs, ditch cleaning, program support, rental of heavy equipment, grading, culvert and shoulder maintenance. Due to the geographic location of the City's rural boundaries, commuter traffic using Hwy 407 are using these unpaved roads to connect to a continuous developing Durham Region. These roads now require continuous maintenance to keep up with the increased volume of traffic. The City maintains 244 unpaved lane kilometres. Note: Comparatives not included as there was a change to the formula for 2002. 078 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT ROAD SERVICES 4.3 OPERATING COSTS FOR WINTER MAINTENANCE OF ROADS 2002 $768.90 Efficiency Measure Operating costs for winter maintenance of roadways per lane kilometre maintained in winter. Objective Efficient winter control operation. General Comments The following factors can influence the above results: · The municipality's standard service levels for road conditions. ° The kilometres of paved and unpaved roads in the municipality in comparison with comparable municipalities. · The allocation of operating costs used in the determination of the numerator when there is not a separate cost centre. Detailed Comments At the present time, the City of Pickering does not maintain a separate cost centre to track costs that directly relates to winter control. However, direct costs attributable to this function have been identified. The costs for administration and other related costs have been allocated to the cost for winter control based on management's best estimate of the proportion of responsibility dedicated to the road functions such as maintenance of paved and unpaved roads and winter control. The operating cost of the City's winter control maintenance includes employee wages & benefits, salt, sand, program support, equipment rental, culvert thawing The City maintains a total of 963 lane kilometres. Note: Comparatives not included as there was a change to the formula for 2002. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 079 ROAD SERVICES 4.4 CONDITION OF PAVED ROADS 2002 2001 75.10% 75.10% Effectiveness Measure Percentage of paved lane kilometres where the condition is rated as good to very good. Objective Provide a paved standards. lane system that has a pavement condition that meets municipal General Comments The following factors can influence the above results: · The municipality's standard service levels for road conditions. · The kilometres of paved and unpaved roads in the municipality in comparison with comparable municipalities. Detailed Comments The City's staff uses their best estimates to establish the % of roads that are rated as good, The City's road patrols, the public and employees are another source for providing feedback on road conditions. 0 8 0 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT ROAD SERVICES 4.5 WINTER EVENT RESPONSE 20O2 2001 100% 100% Effectiveness Measure Percentage of winter events where the response met or exceeded locally determined road maintenance standards. Objective Provide an appropriate response to winter events. General Comments The following factors can influence the above results: The municipality's standard service levels for road conditions. The frequency and severity of the winter weather. The kilometres of paved and unpaved roads in the municipality in comparison with comparable municipalities. Detailed Comments Roads are cleaned and cleared within 24 hours of a snowfall. The City did not experience a winter event which staff was not able to meet or exceed road maintenance standards. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 081 CONVENTIONAL TRANSIT 5.1 OPERATING COSTS 2002 I 2001 $3.59 $3.11 Efficiency Measure Operating costs for conventional transit per regular service passenger trip. Objective Efficient conventional transit services. General Comments The following factors can influence the above results: · The service hours of the transit operations, for example the level of weekend or holiday service provided. · The population distribution and the geography of the service area. · Service levels required to accommodate passenger trips transferred from outside of the City's boundaries. · Unexpected events that may be included in operating cost that has no correlation to service levels. The urban/rural mix of the service area. Detailed Comments The 2002 results reflect 100% of APTA's operations even thought the Transit Authority is jointly owned by the City of Pickering and Town of Ajax. In 2001 Ajax and Pickering operated separate transit departments. These two departments were amalgamated for 2002 resulting in some one-time transitional costs. In 2002 under the provincial reporting program, the allocation of program support costs incurred by each municipality changed substantially. This resulted in a formula driven increase in the amount allocated to APTA, for reporting purposes, not an actual increase in operating costs. Trips deemed as transfers are excluded from the denominator of passenger trips. However, the costs would be impacted to ensure that appropriate service levels are ~rovided to accommodate these additional passengers. For 2002, the number of passenger trips excluding transfers was 2,187,442 and used in the calculation above. The number of trips including transfers would be 2,465,950 and if these were included the cost per passenger trip would become $3.19. O82 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT CONVENTIONAL TRANSIT 5.2 PUBLIC TRANSIT USE 2002 2001 13.52 13.84 Effectiveness Measure Number of conventional transit passenger trips per person in the service area in a year. Objective Maximum utilization of municipal transit services. General Comments The following factors can influence the above results: · The service hours of the transit operations, for example the level of weekend or holiday service provided. ° The population distribution and geography of the service area. · The percentage of the service area to the total municipal area. Detailed Comments The 2002 measure is based on a combination of the population of the service areas in the City of Pickering and the Town of Ajax. For 2002 there was a GTA wide trend of a decrease in ridership. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 083 STORM WATER 7.1 OPERATING COSTS FOR URBAN STORM WATER MANAGEMENT (NEW MEASURE) 2002 $1,482.17 Efficiency Measure Operating costs for urban storm water disposal) per kilometre of drainage system. management (collection, treatment, and Objective Efficient storm water management. General Comments The following factors can influence the efficiency rate of urban storm water management: The geographic location of the City The extent and age of the drainage system Detailed Comments Operating costs include salaries and benefits, contracted services and materials, storm pipe cleaning, flushing, video inspection, catch basin/manhole repairs storm pipe repairs, cleaning of specialized oil and grit separators. O84 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT SOLID WASTE 9.1 OPERATING COSTS FOR GARBAGE COLLECTION 2002 2001 $58.28/per tonne $67.32/per tonne Efficiency Measure Operating costs for garbage collection per tonne or per household. Objective Efficient garbage collection services General Comments The following factors can influence the above results: The number and frequency of collection and the extent of the yard waste collection program. Whether the service is provided internally or externally and if provided externally, then the timing of the contract renewals. The effectiveness of any 3R's initiatives and education/promotional efforts. The urban/rural mix and size of the municipality. Detailed Comments The City of Pickering currently contracts out collection of residential waste. Contract costs are based upon tonnes collected. Homeowners are allowed a limit of 4 bags and 2 large items per week. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT SOLID WASTE 9.3 OPERATING COSTS FOR SOLID WASTE DIVERSION (RECYCLING) 9.8 DIVERSION OF SOLID WASTE 2002 2001 9.3 - $264.96 per tonne 9.3 - $168.24 per tonne 9.8 - 8.49% of residential waste diverted 9.8 - 8.86% of residential waste diverted Efficiency Measure Operating costs for solid waste diversion (recycling) per tonne or per household. Effectiveness Measure Percentage of residential solid waste diverted for recycling. Objective Efficient solid waste diversion (recycling) services. Municipal waste programs divert garbage from landfills and incinerators. General Comments The following factors can influence the above results: The frequency of collection. The type of materials included in the recycled program. The promotion of the recycling program. The participation in the program by residents. Detailed Comments The collection of recycling materials (blue box) is the responsibility of the Region of Durham and results are not reported above. The diversion rate reported above indicates the diversion of yard waste collected as this is performed by the City. The City of Pickering has adopted grass-cycling and does not collect grass clippings. Therefore, grass clippings are not included in the diversion rate above. The City's yard waste collection program results in diversion from landfill. Tonnes collected per year vary due to gardening and yard work activity. Grass-cycling reduces the amount of yard waste collected. Late 2001, the City initiated a fully automated cart based three stream waste collection pilot project in the Amberlea area within Ward I which consists of 520 homes. This project ran for the full year of 2002 and the associated costs are included in the above calculation. These coSts are higher than traditional collection methods used. It includes leasing of specialized collection vehicles, purchase and leasing of specialized containers and bins and ongoing educational material. The diversion rate for the pilot project area was 52.7% for 2002. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT SOLID WASTE 9.5 COMPLAINTS FOR SOLID WASTE AND RECYCLING COLLECTION 2002 2001 28 30 Effectiveness Measure Number of complaints received in a year concerning the collection of garbage and recycled materials per 1,000 households. Objective Improved garbage collection services. General Comments The following factors can influence the above results: · The types of calls received. · The level of service provided. Detailed Comments Solid Waste collection is contracted out and the Region collects recycling materials, however, the City's manages complaints by assisting taxpayers directly. The total number of complaints in the year was an estimate provided by the operating division, as the City does not maintain a formal system for tracking complaints. In 2004 a formal system will be implemented to track complaints. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 087 LAND PLANNING USE 10.1 GROWTH AND SETTLEMENT PATTERN 2002 2001 100% 100% Effectiveness Measure Percentage of new lots, blocks and/or units with final approval which are located within settlement areas. Objective New lot creation is occurring in settlement areas. Detailed Comments The City of Picketing is responsible for approving all plans. All approved new lots were located within settlement areas. O88 CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT LAND PLANNING USE 10.2 PRESERVATION OF AGRICULTURAL LAND IN REPORTING YEAR 2002 I 2001 100% 100% Effectiveness Measure Percentage of land designated for agricultural purposes which was not re-designated for other uses during 2002. Objective Preserve agricultural land. Detailed Comments No agricultural lands were re-designated in the year 2002. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 089 LAND PLANNING USE 10.3 PRESERVATION OF AGRICULTURAL LAND (RELATIVE TO 2000) 2002 2001 99.83 % 99.83 % Effectiveness Measure Percentage of land designated for agricultural purposes which was not re-designated for other uses relative to the base year of 2000. Objective Preserve agricultural land. Detailed Comments This represents land that was re-designated during the year 2000. 090 CITY OF PICKERING ~YEAR 2002 PERFORMANCE MEASUREMENT REPORT LAND PLANNING USE 10.4 HECTARES AGRICULTURAL LAND (DURING REPORTING YEAR) 20020 I 2001.0 Effectiveness Measure Number of hectares of land originally designated for agricultural purposes which was re- designated for other uses during 2002. Objective Preserve agricultural land. Detailed Comments No agricultural lands were re-designated in the reporting year. CITY OF PICKERING YEAR 2002 PERFORMANCE MEASUREMENT REPORT 091 LAND PLANNING USE 10.5 CHANGE IN AGRICULTURAL LAND (SINCE 2000) 2002 I 2001 15 15 Effectiveness Measure Number of hectares of land originally designated for agricultural purposes which was re- designated for other uses since January 1, 2000. Objective Preserve agricultural land. Detailed Comments These lands were redesignated during 2000. 092 OOMPARI$ON OF YEARS 2002 AND 2001 PERFORMANOE MEASUREMENT 2002 200'! Efficiency Measures General Government - General Government as a % of total municipal operating costs General Government - Operating cost for governance and Corp. Management as a % of total operating cost (NEW) Fire Services - Operating costs for Fire service per $1,000 of assessment Paved Roads - Operating costs for paved (hard top) roads per lane kilometer Unpaved Roads - Operating costs for unpaved (loose top) roads per lane kilometer Winter Control - Operating cost for winter maintenance of roadways per lane kilometer Conventional Transit - Operating cost for conventional transit per regular service passenger trip Storm Water- Operating costs for urban storm water management per kilometer of drainage system (NEW) Solid Waste - Operating costs for solid waste collection per tonne Solid Waste Diversion - Operating costs for solid waste diversion per tonne Effectiveness Measures Adequacy of Roads - % of paved lane kilometers where the condition is rated as good Effective Snow and Ice Control - % of winter events where the response met or exceeded locally determined road maintenance standards Conventional Transit Ridership - Number of conventional transit passenger trips per person in the service area in a year Solid Waste Management - # of complaints received in a year concerning the collection of garbage and recycled materials per 1,000 household Diversion of Residential Solid Waste - % of residential solid waste diverted for recycling Location of New Development - Percentage of new lots approved which are located within settlement areas Preservation of Agricultural Land in Reporting Year - % of designated agricultural land preserved during the year Preservation of Agricultural Land Relative to Base Year - % of designated agricultural land preserved since the base year 2000 Number of Hectares redesignated during the Year - # of hectares of designated agricultural land which was redesignated during the year Number of Hectares redesignated since Jan 1,2000 - # of hectares of designated agricultural land which was redesignated since Jan 1, 2000 n/a 12.79% 6.06% n/a $ 1.26 $ 1.31 $ 432.10 $ 500.25 $ 6,035.56 $4,414.35 $ 768.90 $ 889.66 (1) $ 3.59 $ 3.11 $ 1,482.17 n/a $ 58.28 $ 67.32 $ 264,96 $ 168.24 75.10% 75.10% 100.00% 100.00% (1) 13.52 13.84 28 30 8.49% 8.86% 100.00% 100.00% 100.00% 100.00% 99.83% 99.83% 0 0 15 15 (1) Although APTA is jointly controlled by both the City of Pickering and the Town of Ajax, performance measure results provided for Transit above represent a 100% of operations and service area. ~¥I'?~CHHEN'F ~'-~...~,~...,. TO REPORT # 6.~,}~-~ r'19 Performance Measure~ The Performance Measures required to be reported publicly under the Provincially mandated Performance Measurement Program will be available on the City of Pickering's website cityofpickering.com as of September 30, 2003. Copies are also available at City Hall, Cashiers Counter, 2nd Floor. O94 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 31-03 regarding Provision of Soft Drink Beverages and Vending Services, be received; and That the proposal in reply to RFP-10-2003 submitted by Coca Cola Bottling Company for the provision of soft drink beverages and vending services, be accepted; and That staff at the City of Pickering be given the authority to give effect thereto. CARRIED: MAYOR REPORT Td) COUNCIL Report Number: OES 31-03 Date: September 8, 2003 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Request for Proposal No. RFP-10-2003 Provision of Soft Drink Beverages and Vending Services File: CO3000 Recommendation: That Report OES 31-03 regarding Provision of Soft Drink Beverages and Vending Services be received and that; The proposal in reply to RFP-10-2003 submitted by Coca Cola Bottling Company for the provision of soft drink beverages and vending services be accepted; 3. Staff at the City of Pickering be given the authority to give effect thereto. Executive Summary: The current contract for the provision of soft drink beverages and vending machine services expired August 31, 2003. Proposals have been received and reviewed. From a financial perspective, Coca-Cola provides the highest return. From the perspective of product variety and added value to the community, including the contribution to the cost of a new sign for the Pickering Recreation Complex, the proposal from the Coca Cola Bottling Company should be approved for implementation. The Manager, Supply & Services, the Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend acceptance of the proposal submitted by the Coca Cola Bottling Company. Financial Implications: CONFIDENTIAL - will be distributed under separate cover. 096 Report OES 310-03 Subject: Request for Proposal No. RFP-10-2003 Date: September 8, 2003 Page 2 Background: Terms of reference for the Request for Proposal No. RFP-10-2003 Provision of Soft Drink Beverages and Vending Services were provided to nine (9) companies of which three (3) have responded by the deadline of 12:00 noon Thursday, July 24, 2003. Proposals have been received from the following vendors: Superior Vending Services Inc. World of Vending Limited Coca Cola Bottling Company This Request for Proposal covers all City facilities with respect to providing soft drink beverages and vending machine services for the next ten years. Staff have reviewed both the quantitative and non-quantitative components of the proposals from all three vendors. A confidential report and detailed analysis which includes revenue projection, cash flow analysis, payment schedule to the City, and net present value of each proposal will be distributed under separate cover. Upon careful review of all proposals and subsequent analysis of the financial contribution offered for the purchase of a new pylon sign for the Recreation Complex, combined with commissions offered, product variety, added value to the community and from a financial perspective, the Director, Operations & Emergency Services and Division Head, Culture & Recreation recommend acceptance of the proposal submitted by the Coca Cola Bottling Company. This report has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Attachments: 1. Supply and Services memorandum dated August 1,2003. CORP0227-07/01 Report OES 310-03 Subject: Request for Proposal No. RFP-10-2003 Date: September 8, 2003 O9? Page 3 Prepared By: -'~Stephe~ Reynolds Division'Fr~ad, Culture & Recreation Approved / .Ej~[o~rse ~¥: Everett Bu)~ts~ !~ ..,) Director, (~f~rations & Emergency Se~ices Vera Felgemacher ~ Manager, Supply & Se~ices SR:Ig Attachment Copy: Chief Administrative Officer Director, Corporate Services & Treasurer Manager, Supply & Services Supervisor, Facilities Operations Recommended for the consideration of Pickering City Council~,. ,,~,/.~ , ,, '~~ C hie~Ad'~ativ~ ~i//~ CORP0227-07/01 ATTAC, HHENT # .... ~i - (:;~ % CORPORATE SERVICES DEPARTMENT MEMORANDUM Date: August 1, 2003 To: From: Subject: Steve Reynolds Division Head, Culture & Recreation Vera A. Felgemacher Manager, Supply & Services Request for Proposal No. RFP - 10 - 2003 Provision of Soft Drink Beverages and Vending Services Terms of .reference for the above, request for Proposals were provided to nine (9). companies of whiCh three (3) have responded by the deadline of 12:00 Noon Thursday, July 24, 2003. Two (2) copies of~ each proposal are attached for your information and review. Preliminary Compliance Checklist · 1. Executive Summary of Proposal 3. Pricing Details 5..Addendum No. 1 & 2 2. Conflict of Interest 4. References 6. Three (3) copies of proposal Superior Vending Services World of Vending Services . · ° j ,, · Coca Cola Company S'hriver's Vending Unable to bid at this time Note: Item 2 (Conflict of Interest) - Superior Vending Services, Coca Cola Limited - no comment or disclosure suggests there is no conflict of interest. (Reference: Conflict of interest, item 23,Terms of Reference: This section of a submission shaft contain information l~specting disclosure of possible conflict of interest, including any business, financial or other interest that members of the company they represent may have respecting this project. RFP 10-2003 August 1,2003 Page 2 We ha'ye endeavored to accommodate your .request to have submittals available as soon as possible to provide you with an optimum amount of. time to review and consider proposals. A detailed analysis has been undertaken which includes revenue projection, cash flow analysis, payment schedule to the City, and net present value (NPV) of,each proposal, Copy attached: The analYSis does not factor in the supply of'18 [itre size premix soft drink dispensers to the Recreation Complex. It is simply a product which the City.0rder from time to time for use in the banquet facilities. Each proposal has included a cost to the City for this item for consideration. . Be mindful .of information identified as confidential within a proposal, which should be .treated as such. It is recommended, you discuss this Subject with Clerk's to ensure what you are preparing in a Report to Council respects any confidentiality request made by a proponent. Upon review of proposals and subsequent analysis of the financial .contribution offered'for the purchase of. new pylon sign for the Recreation Complex, combined with commissions offered, product variety, added' value to the community and from a financial perspective, it is recommended the proposal submitted by Coca Cola 'Company be considered for acceptance. Proposals are irrevocable for sixty (60) days from the date Of cloSing (July 24, 2003) as stated in the City's Terms of Reference. if you require further information or assistance, please feel free,to, contact me. vera A..Fel~'-emacher VF Attachments: Anatysis Dated August 1, 2003 Copy for: Director, Corporate Services & 7're,surer 100 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report CS 33-03 of the Director, Corporate Services & Treasurer concerning 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Residential Realty Tax Classes and Tax Rates, be received; and That the Director, Corporate Services & Treasurer be authorized to issue the FINAL 2003 Tax Bills for commercial, industrial and multi-residential properties with a due date of October 15th, 2003; and That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altedng the due date, in order to ensure the tax billing process is completed; and That the necessary By-law attached to this report be read three times and approved; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED: MAYOR PICKERING REPORT TO COUNCIL:[ Report Number: CS 33-03 Date: September 8, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Residential Realty Tax Classes and Tax Rates Recommendation: It is recommended that report CS 33-03 of the Director, Corporate Services & Treasurer be received; and that: the Director, Corporate Services & Treasurer be authorized to issue the FINAL 2003 Tax Bills for commercial, industrial and multi-residential properties with a due date of October 15th, 2003; the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure the tax billing process is completed; the necessary By-Law attached to this report be read three times and approved; and, o the appropriate officials of the City of Pickering be given authority to give effect hereto. Executive Summary: Adoption of the above recommendations and passing the attached By-Law provides for the final 2003 tax billing for the commercial, industrial and multi-residential properties. The Tax Rates were previously approved by Council in Resolution #105/03 under adoption of the Recommendations contained in Report CS 30-03. Financial Implications: The attached By-Law is for the FINAL billing of 2003 property taxes for commercial, industrial and multi-residential properties. This billing will raise approximately $17 million in property taxes for the City, Durham Region and School Boards. Report CS 33-03 Date: September 8, 2003 Subject: 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Page 2 Residential Realty Tax Classes and Tax Rates Background: The City of Pickering will soon be in a position to issue the final 2003 property tax bill in accordance with the capping provisions of Bill 140 Continued Protection For Property Taxpayers Act, passed by the Province on December 4, 2000 and implemented through various Regulations. This legislation was put in place to limit assessment reform related increases to 5% per year on commercial, industrial and multi-residential properties. Under this legislation, property owners facing increases due to property assessment reform had their increases "capped" (reduced). Conversely, those properties experiencing decreases were limited to that permitted under the legislation. This meant that taxes have to be "clawed back" from those experiencing decreases to fund the loss of revenue resulting from the capped increases. The funding of the capping protection is "paid for" on a Region wide basis. The Region of Durham acts like a banker in this process. In other words, the total cost of the capping protection for example the commercial tax class is paid for by the other commercial properties throughout the Region by having a portion of their related property tax decrease withheld (clawed back). As part of the Region wide process, City of Pickering uses a Provincial database program called "Online Property Tax Analysis" or OPTA to verify non residential assessment data. Every municipality within Durham Region uses the OPTA system. The OPTA system became operational in mid April and taxation staff worked throughout the spring verifying the data and investigating the discrepancies. Assessment Review Board decisions and Minutes of Settlement were incorporated into the capping calculations up to May 30 which was the cut-off date for these changes. After this date the area municipalities would have completed their analysis of the assessment and taxation data. For this year, the City of Pickering issued an interim tax bill to these realty property tax classes with two installment dates (February 26th and April 28th). The proposed final installment date of October 15th, provides these tax classes with some additional time to pay their tax bill. Schedule A below, provides a breakdown of the final billing dates for the non residential tax classes from 1999 to 2002. Schedule A Non Residential Final Billing Dates Year Number of Date Installments 1999 One 2000 One 2001 One 2002 One 2003 One December 15, 1999 October 13, 2000 October 29, 2001 October 29, 2002 October 15, 2003 Report CS 33-03 Date: September 8, 2003 Subject: 2003 Final Tax Due Dates for Commercial, Industrial and Multi- Page 3 Residential Realty Tax Classes and Tax Rates 193 As Schedule A indicates, the proposed 2003 final due date closely follows the pattern established during the last four years. The one installment date will assist the City in managing its cash flow due to the fact a School Board payment of approximately $9.6 million is required on September 30th. Attachments: 2003 Final Tax Due Dates and Tax Rates for Commercial, Industrial and Multi- Residential Realty Tax Classes Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Tho/rr~s~,j. Qui~n, Chef Ad~0fficer !r 4 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6178/03 Being a By-law of The Corporation of the City of Picketing to Establish the 2003 tax rates for the Commercial, Industrial and Multi-Residential realty taxes and to levy the FINAL commercial, industrial and multi-residential taxes for the year.2003. WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to pass a by-law to levy a separate tax rate on the assessment in each property class; and, WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering. WHEREAS the Regional Municipality of Durham has passed By-law No. 21-2003 to establish tax ratios and By-Law No. 20-2003 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and By-Law No. 34-2003 to set and levy rates of taxation for Regional Solid Waste Management and By-law No. 22-2003 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering for the current year; and, * WHEREAS an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No~ 6097/03) before the adoption of the estimates for the current year; and, WHEREAS sub section 342 (2) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2003. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS:' For the year 2003, The Corporation of the City of Pickering (the "City") shall~levy upon the Property Classes (commercial, industrial and multi-residential) as set out in By-law No. 6160/03 of Schedule "A", the rates of taxation, for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule "A" of By-law No. 6160/03. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. The levy provided for shall be reduced by the amount of the interim levy for 2003. The 2003 final tax calculations for the industrial, commercial and multi-residential realty tax classes is based on the "cut-off" date as of May 30, 2003. 4. The decrease retained percentage for the realty class is outlined below: Multi residential 41.4288% Commercial 10.4736% Industrial 15.4505% The 2003 taxes owed for the commercial, industrial and multi-residential assessed properties shall be due in one installment on October 15, 2003 or as adjusted by the Treasurer. Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c. A31, as amended, .the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter 'in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O.c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O.c.25 as amended. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. Taxes shall be payable to the Treasurer, City of Pickering. This By-law comes into force on the date of its final passing. BY-LAW read a first, second and third time and finally passed this 15th day of September, 2003. Wayne Arthurs, Mayor BrUce Taylor, Clerk 106 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY 1. That Report OES 33-03, concerning Consolidated By-law indicating maximum rates of speed for all highways under the jurisdiction of the City of Pickering, be received; and 2. That in accordance with Resolution #80/03, By-law 6181/03, be enacted; and That staff be authorized to order and install the necessary 40 km/h signs and associated hardware required to give effect hereto for the local and collector roads that are reduced in speed limit from 50 krn/h. CARRIED: MAYOR PICKERING REPORT TO 107 COUNCIL Report Number: OES 33-03 Date: September 8, 2003 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Consolidated By-law indicating maximum rates of speed for all highways under the jurisdiction of the City of Pickering. Recommendation: 1. That Report OES 33-03 be received and 2. That in accordance with Resolution # 80/03, By-law 6181/03 be enacted and 3. That staff be authorized to order and install the necessary 40 kmh signs and associated hardware required to give effect hereto for the local and collector roads that are reduced in speed limit from 50 kmh Executive Summary: The Council of the City of Pickering passed Resolution #80/03 at the Council Meeting of June 2, 2003 directing staff to prepare a by-law that will lower the speed limit on all local and collector roads from 50 kilometers per hour (kmh) to 40 kilometers per hour (kmh); and to present the by-law to Council no later than September 15, 2003. The consolidated by-law has been prepared and is attached to this report. Also attached is Report 2003-W-106 prepared by Region of Durham Works Department staff providing information and comment on the implications on the reduction of speed limits to 40 kmh. City of Pickering staff concur with the report prepared by the Region of Durham and also have additional concerns and information that Council should be aware of in consideration of the by-law. Financial Implications: The costs associated with enacting this by-law, specifically for supply of 40 kmh signs, tabs, other speed limit signs, hardware and posts are not included in the 2003 Roads Current budget 2320-2409. Staff estimate the cost to purchase the necessary number of signs and posts is approximately $25,000. This does not include the equipment and labour, which would be provided by City Municipal Operations staff, however, it must be recognized that a project of this magnitude will deploy staff that would otherwise be undertaking other tasks and duties. 108 Report OES 33-03 Date: Subject: Consolidated By-law indicating maximum rates of speed for all highways under the jurisdiction of the City of Pickering. September 8, 2003 Page 2 Background: The Council of the City of Pickering passed Resolution #80/03 (Attachment #1) at the Council Meeting of June 2, 2003. The Resolution directed staff to prepare a by-law that lowers the speed limit on all local and collector roads, in accordance with the Pickering Official Plan, that are under the jurisdiction of the City of Pickering, from 50 kilometers per hour to 40 kilometers per hour. Further, it was directed that the by-law be in the form of a consolidated by-law that will replace by-law 265/75 and all amendments since then, thereby indicating the maximum rates of speed for all highways under the City's jurisdiction. The Ontario Highway Traffic Act, R.S.O. 1990 Chapter H.8, Part TX regulates the rates of speed on highways. Under the Act, the council of a municipality may by by-law prescribe a rate of speed different than the statutory rate of 50 kmh on a highway within a local municipality or within a built-up area or 80 kmh on a highway not within a built-up area. The rate of speed must be 40, 50, 60, 70, 80, 90 or 100 kmh, and with the exception of the statutory limits described above, no by-law passed under Section 128 becomes effective until the highway is signed in accordance with the Highway Traffic Act and the regulations. The attached by-law is consistent with the Council Resolution #80/03 and the Ontario Highway Traffic Act and is a consolidated by-law requiring all previous by-laws to be repealed. In considering the consolidated, reduced speed limit by-law, the Council of the City of Pickering should be aware of other considerations and impacts of such a by-law. Attached is a report prepared by the Region of Durham's Works Department (2003-W- 106) outlining their concerns. (Attachment #2). City staff have identified other relevant issues and they are presented below. 1. Contravention of Safer Streets Traffic Manaqement Strategy On February 3, 2003, Council received and endorsed the Safer Streets Traffic Management Strategy Final Report including its tool kit of policies and measures that could be applied to better manage the safe and efficient movement of traffic on City Streets. Another goal of the study was to rationalize maximum vehicle speed limits on City streets and to protect certain streets against the arbitrary and ineffective lowering of speed limits. The 40 kmh reduced speed policy was adopted to govern the lowering of speed limits through an investigative evaluation process. Enacting By-law 6181/03 basically ignores the process that was adopted by Council seven months ago. Report OES 33-03 Date: Subject: Consolidated By-law indicating maximum rates of speed for all highways under the jurisdiction of the City of Pickering. September 8, 2003 .1. 0 9 Page 3 2. Si.qn Requirements As mentioned earlier in this report, all roads that are prescribed a rate of speed of 40 kmh must be signed in accordance with the Act and the regulations. A sign purchase of this magnitude will take several weeks for a supplier to manufacture and deliver. Also, a significant number of posts will also be required. City staff will have to predetermine field locations for all new signs and in order to excavate to install the posts, underground utilities will have to be located and marked. Based on the time of year and the magnitude of scope of work, it is unlikely all signs would be installed before winter freeze-up. Determining which neighbourhoods get completed first will be a difficult task. Many residents will oppose the positioning of signs in front of their house and the proliferation of signs on streets will not be desirable. 3. Cost The procurement of the signs, posts and hardware is estimated at $25,000, which was not included in the 2003 Roads Current Budget. Future years will require additional funds to be budgeted for maintenance, replacement and vandalism. 4. City Entry Signs The City installed 16 entry signs at City limits and strategic locations to advise motorists of certain traffic by-laws and conditions. One such advisory is that speed limits on City streets are 50 kmh unless posted otherwise. This message will be misleading if the majority of streets are reduced to 40 kmh and posted as such. Modifications to these signs will be required, in a form to be determined. 5. Enforcement Like all by-laws, speed limit by-laws are only effective if they are regularly enforced. The resident expectation will be either compliance with the posted speed of 40 kmh, or periodic enforcement by Durham Police Services. It is not reasonable to expect the desired level of enforcement due to limited resources. 6. By-law Updates Council and staff will be consolidated speed by-law. post a 40 kmh speed limit. inundated with the required number of updates to the Every new local or collector road will require a by-law to 110 Report OES 33-03 Date: September 8, 2003 Subject: Consolidated By-law indicating maximum rates of speed for all highways under the jurisdiction of the City of Pickering. Page 4 7. Road Watch and Neighbourhood Traffic Watch Proqrams The reduction of speed limits from 50 kmh to 40 kmh will result in an increase in the number of vehicles that are in non-compliance to the posted speed. This may have an impact on the Road Watch and Neighbourhood Traffic Watch programs by increasing the demand for the resources required to deliver these programs. 8. Traffic Calming The City staff currently receive many requests for traffic calming measures to be installed on City streets to reduce speeding. Responding to these requests require staff time and resources. It is expected that as non-compliance to reduced speed limits increases, so too will requests for traffic calming. Attachments: 1. Resolution Cf 80/03 2. Region of Durham Report 2003-W-106 3. By-law 6181/03 Prepared By: RichCd w.-Hol-b-9/)~, P. Eng. Divi.Con Head v Mudicipal Property & Engineering Approved / ~.l~.~lor. s~ed_ B~.' / ~-vereu c~umsma Director Operations & Emergency Services RH:ds Attachments I:\COUNCIL\OES33-03l.docSep-03 Copy: Chief Administrative Officer City Clerk Director, Planning & Development Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Coun/e~!~.~ ~ .nw,,,as J. Ou , Chief Administrative Officer / ¢"f L DMI N IST ION DEPARTMENT (,./ CLERK S DIVISION JUN MEMO~NDUM .... FROM: Bru~ Taylor, CiW Clerk ..... '""" ' SUBJECT: Referrals from the Council M~ng of~'~g3 ........................................................ Please be advised that the Council of the City of Pickering passed Resolution #80/03, at the Council Meeting of June 2, 2003, as follows: WHEREAS the Highway Traffic Act states that the statutory speed limit on all urban roads shall be 50 kilometers per hour unless set otherwise bY by-Jaw and posted by the municipality that has jurisdiction over such roads; and WHEREAS the Council of the Corporation of the City of Pickering enacted By-law Number 284/75 on July 21, 1975 that lowered the speed limit on ali existing residential and collector roads south of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS By-law 264/75 has been amended 23 times since 1975 to lower the speed limit on other roads north of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS the 40 kilometers per hour speed timit has worked very well in the Bay Ridges and West Shore communities since 1975; and WHEREAS a speed Jimit of 50 kilometers per hour on residential streets is not conduCive to safe pedestrian activities because motorists tend to drive at least 10 kilometers per hour over the posted speed limit; NOW THEREFORE the Council of the Corporation of the City of Picketing hereby directs staff to prepare a byqaw that will ~ower the speed limit on ali local and collector roads in accordance to Pickedng's Official P~an under the jurisdiction of the City of Pickerin9 from 50 kilometers per hour to 40 kilometers per hour; and 112 AT ?i~s,G H H E N T# ~ TO RE PO RT#,, ~ E .~ ,~ :.~- .,7> FURTH:R THin,aid'by-law be a consolidated by-law indicating the maximum rates of speed for ali h~hways under the jurisdi~onjof the C~ of Picketing and be presented to Council no tat~r tha~:'S~te~;t~5'~;' BT:dk Copy: T.J. Quinn. Chief Administrative Officer Regional Municipality of Durham To: The Works Committee From: Commissioner of Works Report: 2003-W-106 Date: June 25, 2003 SUBJECT: Information in Response to City of Pickering Resolution to Lower Speed Limits on Municipal Roads to 40 KilOmetres per Hour 113 RECOMMENDATION: a) b) THAT this Report be received for information; and THAT a copy of this Report be provided to the City of Pick, ering and to the Durham Regional Police Service. REPORT: Attachment No. 1: Resolution #80103 - Excerpt from City of Pickering Council Meeting Minutes of June 3, 2003 BACKGROUND On June 3, 2003, City of Pickering Council adopted a resolution including the following: "...the Council of the Corporation of the City of Pickering hereby directs staff to prepare a by-law that will lower the speed limit on all local and collector roads in accordance to Pickering's Official Plan under the jurisdiction of the City of Pickering from 50 kilometres per hour to 40 kilometres per hour..." This matter was discussed at the Regional Works Committee meeting of June 4, 2003, and the following motion was adopted: "That staff be directed to prepare a report providing relevant information regarding the reduction of speed limits to 40 km/h." 114 Report No.: 2003-W-106 2. DISCUSSION Pa.qe No.: 2 .... H~.NT #~'-%.~. TO REPORT#~ 2.1 _Statutory Speed Limits and Si.qnin.a Reauirement~ The Highway TrafficAct includes provision for statutory speed limits, which apply where no specific limit has been established by the responsible road authority. These limits are 50 km/h for "built-up", or urban areas, and 80 km/h for rural areas. These long-standing limits were established for two (2) primary reasons: firstly, to encourage uniformity of speed control across the Province so that motorists may expect the same limits for similar conditions wherever they travel in the Province; and secondly, to relieve the road authority of the necessity of by- lawing each and every road section under its jurisdiction and the burden and expense of installing signage. Where a speed limit is established other than the statutory limits, signing must be installed in accordance with the provisions of the Highway Traffic Act and the Ontario Traffic Manual. In this case, this would involve signing each and every Street and street section where the 40 km/h limit applies, so that it is clear to motorists, enforceable and defensible in court. In Ontario, there is no ability to provide only "entry" signing to a community to advise of a blanket speed limit in the area. The cost to install a single speed limit sign varies from approximately $50 to $125 depending on a variety of factors, including whether a new post is required. Although the total number of signs required to implement the Council resolution cannot be determined at this time, it is likely that this initiative will cost the City 'of Pickering between $100,000 and $200,000. 2.2 Driver Behaviour Contrary to general belief, posted speed limits have very little effect on driver behaviour and actual operating speeds on'a roadway. Rather, motorists tend to drive at a speed at which they are comfortable, based on a number of factors, including traffic volume, roadway design, the number of entrances and intersections, pedestrian activity, presence of on-street parking and vehicle characteristics. 152 Report No.' 2003-W-106 ~. TO REPORT# C~b ) :::' 'C~ 115 Paqe No.: 3 2.3 2.4 Extensive research has consistently concluded that changes in the posted speed limit alone, without additional enforcement, educational programs or engineering measures, have only a minor effect on driver behaviour. While drivers' speeds may change when the speed limit is lowered, the changes are generally not large enough to be of practical significance, nor is there any definable improvement in safety. The arbitrary lowering of speed limits to unrealistic levels typically produces a wider range of operating speeds on the roadway and a less safe operating environment, due to increased driver frustration, leading to tailgating passing manoeuvres, and other aggressive driving patterns. Blanket application of a 40 km/h speed limit will also .reduce any effectiveness existing lowered limits may have in areas of legitimate concern, including school zones, parks, narrow roads or other hazardous locations. Enforcement Ideally, speed limits should be practically self-enforcing. When the speed limit is consistent with the comfortable operating speed of the roadway (typically the 85th percentile speed - the speed at or below which 85% of the traffic travels), motorists will perceive the limit as appropriate, compliance rates will be high, and only the minority of motorists travelling at unsafe speeds will be targeted as violators, allowing for consistent and fair enforcement by police. Application of unwarranted reduced 40 km/h speed zones, and the public expectation that these limits will be enforced, places an additional strain on police resources. In order to serve the broader community, and havea positive. imPact on road safety, police must dedicate enforcement resources to those locations with identifiable safety concerns, typically arterial roads with higher collision frequency. Police should not be expected to enforce limits that by their very nature wil! be violated by neady every motorist. Durham Regional Police have extensive experience in this area, and consistently find that most residential speeding concerns are perceived only, and that most actual speeding can be traced to a few motorists who live in the neighbourhood. City of Pickerinq "Safer Streets Traffic Management Strategy" The Safer Streets Traffic Management Strategy was approved by Pickering City Council at their regular meeting of February 3, 2003. The Safer Streets Traffic Management Strategy (SSTMS) is a document that was specifically developed to help guide the municipality on the future application of standardized traffic control devices and the installation of traffic calming measures. !53 116 Report No.: 2003-W--'L°6 Page No.: 4 The City's Safer Streets Traffic Management Strategy (see Section 2.4) recognizes this' and states "...given the ex/sting legislation of the Highway Traffic Act, it is currently unrealistic to by-law and post every urban street in the City of Picketing with 40 krn/h reduced rates of speed': In addition, the SSTMS was designed as an educational tool to help residents, City Council and staff better understand the fundamental relationships between traffic movement and traffic safety. It includes a specific policy on the application of 40 km/h speed zones, including requirements for technical studies to be completed and for a specified level of resident support. m CONCLUSION . The City of Pickering proposal for.the blanket application of 40 km/h speed zones on ali local and collector roads under City jurisdiction: Will not result in real reductions in vehicle operating speeds May result in less safe conditions than already exist Has an estimated cost of between $100,000 and $200,000 to implement Is inconsistent with their approved Safer Streets Traffic Management Strategy and 40 km/h Reduced -Speed Policy Is not enforceable and will burden police services, diverting resources away from more critical, legitimate public safety concerns Will not meet driver expectations based on the roadway environment. ~. Eng. C~,,_~missioner of Works TO4/cb THE CORPORATION OF THE CITY OF PICKERING 117 BY-LAW NO.6181/03 Being a by-law to authorize speed limits on highways under the jurisdiction of the City of Pickering. WHEREAS Section 128 of the Highway Traffic Act (R.S.O. 1990, Chapter H. 8) authorizes the Council of a City, Town or Village and the Trustees of a Police Village by by-law to prescribe a rate of speed for motor vehicles driven on any highway or portion of highway under its jurisdiction; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: When any highway or portion of highway set out in Schedule A, B, C, D and E appended hereto is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed thereon shall be the rate of speed prescribed in the Schedule. The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shall apply to offences against this by- law. By-law Nos. 264/75, 450/76, 840/78, 1172/80, 1333/81, 1342/81, 1575/82, 1595/82, 1705/83, 1724/83, 2032/85, 2150/86, 2389/87, 2461/87, 2530/87, 2619/87, 2817/88, 3412/90, 3562/90, 3602/90, 3865/91, 3911/92, 3987/92, 4104/92, 4157/93, 4488/94, 4815/96, 4892/96, 5049/97, 5766/00, 6138/03 and any other inconsistent by - laws insofar as they apply to highways under the jurisdiction of the City of Pickering are hereby repealed. BY-LAW read a first, second and third time and finally passed this 2003. day of Wayne Arthurs, Mayor Bruce Taylor, Clerk 118 HIGHWAY NAME Abbey Road Abbott Crescent Aberfoyle Court Abingdon Court Acorn Lane Ada Court Alanbury Crescent Albacore Manor Alder Court Alderwood Place Alliance Road Alpine Lane Altona Road Alwin Circle Alyssum Street Amaretto Avenue Amberlea Road Amberlea Road Amberlea Road Amberwood Crescent Annan Woods Drive Annland Street Anthony Court Anton Square Antonio Street Appleview Road Arathorn Court Arcadia Square Ariel Crescent Ashfield Court Ashford Drive Ashwood Gate Aspen Road Atvvood Crescent Audley Road Autumn Crescent Avonmore Square Baggins Street Bainbridge Drive ~?ACMM~NT#~ Toi~PoR'r#_ o~5 %-of_ ,ab .... SCHEDULE A TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED- 40 KM/H FROM TO 140m south of Halsey Lane Canterbury Crescent Highview Road Eyer Drive Brock Road Shadybrook Drive Lynn Heights Drive Tanzer Court Strouds Lane Colmar Avenue Sandy Beach Road Wildwood Crescent Kingston Road Denmar Road Krosno Blvd. Whites Road Highview Road Strouds Lane Napanee Road Foxwood Trail Somergrove Crescent Front Road Cowan Circle Liverpool Road Grenoble Blvd. Dunbarton Road Melman Street Amberlea Road Highview Road Fernam Street Beechlawn Drive Twyn Rivers Drive Strouds Lane Whites Road 140m south of Highway .No. 7 Strouds Lane Valley Farm Road Meriadoc Drive Kingston Road Abbey Road Canterbury Crescent South terminus West terminus Kodiak Street North terminus Blairwood Court South terminus South terminus South terminus South terminus Major Oaks Road South terminus Denmar Road Sandy Beach Road West terminus Napanee Road Highview Road Rosebank Road Foxwood Trail Somergrove Crescent Krosno Blvd. East terminus Liverpool Road Grenoble Blvd. Bonita Avenue North terminus Arcadia Square Amberlea Road East terminus Marshcourt Drive South terminus Spruce Hill Road Whites Road Highway No. 7 East terminus Avonmore Square Melman Street Marshcourt Drive HIGHWAY NAME ATTACHHENT# L5 TOREPORT# 0~5 FROM TO 119 Balaton Avenue Balsam Road Balsam Road Banbury Court Barber Street Barclay Street Barnwood Square Barry Drive Batory Avenue Bayfield Street Baylawn Drive Bayshore Court Bayview Street Beachpoint Promenade Beare Court Beaton Way Beckworth Square Beechlawn Drive Begley Street Belinda Court Bella Vista Drive Bem Avenue Benedictine Court Bentley Lane Benton Crescent Bicroft Court Birchwood Court Blairwood Court Bloomfield Court Blue Ridge Crescent Bonita Avenue Bovingdon Place Bowler Drive Boxworth Place Boyne Court Braeburn Crescent Bramblewood Court Brands Court Breda Avenue Breezy Drive Brian Court Briar Wood Gate Bridge Gate Crescent Lublin Avenue 350m south of Regional Road 5 Regional Road 5 Fairfield Crescent Central Street Central Street Wheatsheaf Lane Sheppard Avenue Breezy Drive Whites Road Fairport Road Batory Drive Front Street West Shore Blvd. Middleton Street Major Oaks Road Foxwood Trail Pickering Parkway Bayly Street Shadybrook Drive Rodd Avenue Garvolin Avenue Amaretto Avenue Blue Ridge Crescent Lynn Heights Drive Bowler Drive Weyburn Square Alanbury Crescent Valley Farm Road Dellbrook Avenue Fairport Road Brock Road Glenanna Road Timmins Gardens Saugeen Drive Foxwood Trail Fieldstone Circle Fieldlight Blvd. Sanok Drive Sunrise Avenue Broadgreen Street Whites Road Maple Ridge Drive South terminus Regional Road 5 160m north of Regional Road 5 West terminus North terminus North terminus Wheatsheaf Lane Edmund Drive Vistula Drive Foxwood Trail West terminus East terminus West terminus East terminus South terminus Duberry Drive Beckworth Square Marshcourt Drive Tanzer Court North terminus Rosebank Road Zator Avenue South terminus Blue Ridge Crescent Lynn Heights Drive North terminus South terminus North terminus South terminus Dellbrook Avenue Appleview Road East terminus Finch Avenue South terminus North terminus Foxwood Trail Fieldstone Circle East terminus Sanok Drive West Shore Blvd. East terminus Shadybrook Drive Bushmill Street HIGHWAY NAME Bridle Path Circle Brimwood Court Brixton Lane Broadgreen Street Broadoak Crescent Broadview Street Bronte Square Bronwen Lane Brookridge Gate Brookshire Square Brougham Road Browning Avenue Bundy Street Burnside Drive Bushmill Street Butternut Court Byron Street Callahan Street Calvington Drive Canborough Crescent Canso Drive Canterbury Crescent Carmello Court Carpenter Court Castle Street Cattail Court Cecylia Court Cedarcroft Crescent Cedarwood Court Chantilly Road Chapleau Drive Chapman Court Charlotte Circle Charnwood Court Chartwell Court Cherrywood Avenue Chickadee Court Chipmunk Street Chiron Crescent Churchwin Street Claremont Street Clearside Court Cliff=view Road Cloudberry Court Cobbler's Court ATTACHMENT# ~ .... TOREPORT#,/,'i~ 9 ,:~.:)-~'~) FROM TO Linwood Street Ashwood Gate Modlin Road Whites Road Strouds Lane Liverpool Road Glendale Drive Zator Avenue Altona Road Glenanna Road Highway No. 7 St. Martins Drive Brock Road Bainbridge Drive Liverpool Road Valleyview Drive Whitevale Road Whites Road Strouds Lane Bowler Drive Canterbury Crescent Creekview Court Creekview Court Acorn Lane Lawson Street Edmund Drive West Shore Blvd. Maple Ridge Drive Maple Gate Road Toynevale Road Hailer Avenue Dellbrook Avenue Bronte Square Rosebank Road Bayfield Street Heska Road Sparrow Circle Sunrise Avenue Amberlea Road Mill Street 50m south of Bundy Lane Third Concession Road Park Crescent Dunbarton Road Edgewood Road Linwood Street West terminus Bem Avenue Downland Drive Strouds Lane Annland Street Glendale Drive Krosno blvd. Dalewood Drive Brookshire Square Brock Road Douglas Avenue Claremont Street North terminus Maple Ridge Drive West terminus South terminus West terminus Treetop Way Bowler Drive Abbot Crescent West terminus West terminus North terminus Wilcroff Court North terminus North terminus Maple Ridge Drive East terminus North terminus Douglas Avenue South terminus Bronte Square East terminus East terminus Speke Road West terminus Oklahoma Drive Amberlea Road North Road North terminus South terminus North terminus East terminus Edgewood Road HIGHWAY NAME Cognac Crescent Collingsbrook Court Colmar Avenue Colonial Street Commerce Street Conacher Crescent Concession Road, sixth Concession Road, third Concession Road, third Concession Road, third Concession Road, third Conmara Avenue Copley Street Copperstone Drive Comell Court Cortez Avenue Cottonwood Circle Cowan Circle Craighurst Court Creekview Circle Cricket Lane Crossing Court Culross Avenue Dahlia Crescent Dalewood Drive Darwin Drive David Street Davidson Street Daylight Court Deerbrook Drive Deerhaven Lane Deerhurst Court Dellbrook Avenue Delta Boulevard Denby Drive Dencourt Drive Denmar Road Denvale Drive Dersan Street Diefenbaker Court Dillingham Road ~ATTACHHENT# ,, , FROM Amaretto Avenue Craighurst Court Balaton Avenue Dixie Road Front Road Southcott Road Highway No. 7 460m west of Rosebank Road Scarborough / Pickering Townline Altona Road 220m East of Rosebank Road Jodrel Road Valley Ridge Crescent Clements Road Linwood Street Balaton Avenue Linwood Street Rosebank Road Whites Road Downland Drive Aspen Road Meriadoc Drive Dixie Road Toynevale Road Altona Road Finch Avenue William Street Speke Road Edmund Drive Glenanna Road Rosebank Road Sandhurst Circle Brock Road Kingston Road Major Oaks Road Charwood Court Pickering Parkway Greenmount Street Brock Road Valley Farm Road Brock Road TO Amaretto Avenue North terminus Lublin Avenue Lynn Heights Drive Annland Street Southcott Road Highway No. 7 220m east of Rosebank Road Altona Road 460m west of Rosebank Road Whites Road East terminus Thicket Crescent East terminus South terminus Colmar Avenue Linwood Street East terminus East terminus Broadgreen Street Strouds Lane South terminus Walnut Lane Rosebank Road Rougemount Drive West terminus Brock Road Heska Road North terminus Silverthorn Square Wildflower Drive South terminus Valley Farm Road North terminus Dellbrook Avenue Fernam Street Kingston Road Strathmore Crescent Tillings Road East terminus 975m south of Brock Road 122 HIGHWAY NAME Dixie Road Dixie Road Donnalea Avenue Douglas Avenue Dow Street Downland Drive Drava Street Dreyber Court Driftwood Court Duberry Drive Duberry Drive Duberry Drive Dunbarton Road Duncannon Drive Dunchurch Street Dunfair Street Dunn Crescent Dyson Road Eagleview Drive Eastbank Road Echo Point Court Edge Lane Edgewood Road Edmund Drive Elvira Court Engel Court Eramosa Crescent Erin Gate Boulevard Escort Court Esplanade North, The Esplanade South, The Essa Crescent Evelyn Avenue Everton Street Eyer Drive Factory Street Fairfield Crescent Fairport Road Fairview Avenue Falconcrest Drive Falconwood Way Fanshaw Place Fawndale Road Faylee Crescent Feldspar Court FROM TO, Glenanna Road Kingston Road Highway No. 7 Browning Avenue Central Street Whites Road Reytan Blvd. Pickering Parkway Saugeen Drive Major Oaks Road Denby Drive Beaton Way Fairport Road Finch Avenue Dunbarton Road Whites Road Nomad Road Rougemount Drive Glenanna Road Edgewood Road Glenanna Road Eyer Drive Shadybrook Drive Sheppard Avenue Vistula Drive Callaghan Street Amberlea Road Finch Avenue Colonial Crescent Valley Farm Road Valley Farm Road Batory Avenue Kingston Road Rosefield Road Hillcrest Road Whitevale Road Bainbridge Drive Kingston Road Browning Avenue Dunbarton Road Bonita Avenue Krosno Blvd. Riverview Crescent Fieldlight Blvd. Brock Road Kitley Avenue South terminus South terminus Radom Street David Street Broadgreen Street Sandy Beach Road West terminus East terminus Beaton Way Major Oaks Road South terminus Dixie Road Fairport Road South terminus West terminus North terminus South terminus Huntsmill Drive North terminus North terminus South terminus Shadybrook Drive Steeple Hill East terminus West terminus Amberlea Road Erin Gate Blvd. North terminus Glenanna Road Glenanna Road Breezy Drive South terminus West terminus Oklahoma Drive South terminus Bainbridge Drive Finch Avenue Douglas Avenue Rambleberry Avenue South terminus Balaton Avenue Littleford Street Fieldlight Blvd. North terminus ATTACHMENT#,, of ~,i.:,, HIGHWAY NAME FROM TO Fernam Street Ferncliff Circle (north leg) Ferncliff Circle (south leg) Fiddlers Court Fieldlight Boulevard Fieldstone Circle Finch Avenue Fiaveile Court Foleyet Crescent Fordon Avenue Forest Park Drive Forestview Drive Foster Court Foxglove Avenue Foxwood Trail Franklin Street Frisco Road Front Street Frontier Court Fuschia Lane Gablehurst Crescent (north leg) Gablehurst Crescent (south leg) Gallant Court Gandalf Court Gardenview Square Garland Crescent Garvolin Avenue Geta Circle Gillmoss Road Gladstone Street Glen Eden Court Glenanna Road Glenanna Road Glendale Drive Glengrove Road Glenview Road Glouchester Square Golf Club Road Gossamer Drive Graceland Court Grafton Court Granby Court Granite Court Strouds Lane Forest Park Drive Forest Park Drive Altona Road Glenanna Road Maple Ridge Drive Brock Road Foxwood Trail Walnut Lane Modlin Road Finch Avenue Lawson Street Cowan Circle Annland Street Strouds Lane Central Street Montgomery Park Road Browning Avenue Chantilly Road Grenoble Blvd. Brookshire Square Brookshire Square Atwood Crescent Duberry Drive Foxwood Trail Summerpark Crescent Modlin Road Pickering Parkway Rosebank Road Whitevale Road Dixie Road Fairport Road Dixie Road Finch Avenue Kingston Road Kingston Road Bowler Drive Whitevale Road Dixie Road Napanee Road Duncannon Drive Altona Road Whites Road Charnwood Court South terminus West terminus South terminus Valley Farm Road Bushmill Street East terminus East terminus Walnut Lane Krosno Blvd. Linwood Street Waterford Gate East terminus West terminus Rosebank Road North terminus South terminus Annland Street West terminus Modlin Road South terminus West terminus North terminus East terminus Gardenview Square Summerpark Crescent Krosno Blvd. Pickering Parkway East terminus North terminus West terminus Dixie Road Listowell Crescent Kingston Road Glenview Road Fieldlight Blvd. Gloucester Square South terminus East terminus East terminus West terminus West terminus Rosebank Road 123 l'2a ATTACHMENT# HIGHWAY NAME FROM TO Grayabbey Court Greenburn Place Greenmount Street Greenridge Drive Greenvale Crescent Greenwood Road Grenoble Boulevard Greycoat Lane Grovedale Court Guild Road Gwendolyn Street Hadrian Court Hailer Avenue Halsey Lane Hampton Court Hanworth Court Harrowsmith Court Harvest Drive Heathside Crescent Hedgerow Place Helen Crescent Helm Street Henry Street Hensall Court Heska Road Hewson Drive Highbush Trail Highview Road Highview Road Hillcrest Road Hillview Crescent Hogarth Street Holbrook Court Hollyhedge Drive Honeywood Crescent Hoover Drive Houston Court Howell Crescent Hoxton Street Hummingbird Court Huntsmill Drive Ilona Park Road Ingrid Road Ironstone Manor Jacqueline Avenue Helm Street Concession Road 5 Valley Farm Road Westney Road Springview Drive Concession Road 5 Naroch Blvd. Vicki Drive Parkdale Street Kingston Road Rouge Valley Drive Southcott Road Liverpool Road Liverpool Road Eyer Drive Breda Avenue Major Oaks Road Maple Ridge Drive Glenanna Road Shadybrook Drive Modlin Road Voyager Avenue William Street Malden Crescent Martens Street Annland Street Old Forest Road Ariel Crescent Rosebank Road Hillview Crescent Park Crescent Woodview Avenue Bonita Avenue Major Oaks Road Deerbrook Drive Fawndale Road Cowan Circle Hoover Drive 140m west of Brock Road Sparrow Circle Finch Avenue Liverpool Road 130m west of Susan Drive Granite Court Eastbank Road North terminus North terminus Major Oaks Road West terminus Springview Drive Concession Road 6 Naroch Blvd. Sanok Drive North terminus Finch Avenue Fawndale Road East terminus Douglas Avenue Abbey Road West terminus North terminus West terminus Maple Gate Road Longbow Drive Eastbank Road South terminus South terminus Dow Street South terminus Cherrywood Avenue Foxglove Ave Old Forest Road Whites Road Ariel Crescent West Shore Blvd. Vicki Drive Pine Grove Avenue East terminus Denby Drive Deerbrook Drive Twyn Rivers Drive East terminus Hoover Drive Brock Road West terminus Glenanna Road Liverpool Road East terminus North terminus Spruce Hill Road HIGHWAY NAME ,~, ~ACHHENT# -- TOREPORT# C)~$ _..._~of . '/ FROM TO 125 Jaywin Circle Jodrel Road John Street Jomar Avenue Joseph Street Kate's Lane Keilino Street Kelvinway Lane Kimton Court Kingfisher Drive Kinsale Road Kirkwood Lane Kitley Avenue Kodiak Street Krosno Boulevard Lamour Road Lancrest Street Lane Street Larksmere Court Lauder Crescent Lawson Street Layton Court Leaside Street Lekani Court Lennox Lane Lightfoot Place Linwood Street Listowell Crescent Littleford Street Liverpool Road Liverpool Road Liverpool Road Liverpool Road Livingston Street Lodge Road Longbow Drive Lorn Street Lublin Avenue Luna Court Lutterworth Court Lydia Crescent Lynmar Court Lynn Heights Drive Denmar Road McKay Road Brock Road 100m west of Stonehurst Road Brock Road Shadybrook Drive Squires Beach Road Rambleberry Avenue Dunn Crescent Balaton Avenue Highway No. 7 Highview Road Dixie Road Sideline 20 Liverpool Road Napanee Road Waterford Gate Brock Road Beechlawn Drive Foxwood Trail Oakburn Street Atwood Crescent Oklahoma Drive Mountain Ash Drive Avonmore Square Edmund Drive Liverpool Road Glen'anna Road AItona Road Bushmill Street Annland Street Lake Ontario Finch Avenue Central Street Fieldlight Blvd. Healthside Crescent Central Street Alyssum Street Liverpool Road Canborough Crescent Dixie Road Baggins Street Finch Avenue Denmar Road Conmara Avenue East terminus East terminus Franklin Street East terminus Church Street Rambleberry Avenue West terminus Colmar Avenue 1000m North of Highway No. 7 Springview Drive Bowler Drive Acorn Lane Bayly Street Otonabee Drive Valleyview Drive East terminus North terminus Foxwood Trail East terminus East terminus Breezy Crescent North terminus Kingston Road South terminus Parkdale Street Storrington Street West terminus North terminus Bayly Street Annland Street Bushmill Street South terminus Poppy Lane Rambleberry Avenue Wellington Street Parkham Crescent East terminus West terminus Ridgewood Court West terminus 900m north of Finch Avenue 126 HIGHWAY NAME Lynn Heights Drive Lytton Court Madonna Court Maitland Drive Major Oaks Road Malden Crescent Maple Gate Road Maple Hill Court Maple Ridge Drive Mapleview Court Marinet Crescent Marksbury Road Marshcourt Drive Martins Street Maury Crescent McBrady Crescent McKay Road McLeod Crescent McPherson Court Meadowlane Crescent Meadowridge Crescent Meadowview Avenue Meldron Drive Melman Street Memory Lane Meriadoc Drive Merritton Road Middleton Street Mill Street Millbank Road Mink Street Minstrel Manor Miranda Court Miriam Road Modlin Road Monica Cook Place Montclair Lane Monteagle Circle Montgomery Park Road Montgomery Park Road Montgomery Park Road Moorelands Crescent Morden Lane Moretta Avenue Mossbrook Square ATTACHMENT#_ :~,~_ TO REPORT#, ~/' FROM 900m north of Finch Avenue Toynevale Road Abbey Road Rosebank Road Brock Road Glenanna Road Dixie Road Conacher Crescent Dixie Road Finch Avenue Hillcrest Road Vicki Drive Pickering Parkway Heska Road Lynn Heights Drive Duberry Drive Squires Beach Road Oakwood Drive Brock Road Maple Gate Road Falconcrest Drive Shadybrook Drive Sandhurst Crescent Dellbrook Avenue Fieldlight Blvd. Major Oaks Road Kingston Road Major Oaks Road Whitevale Road Parkside Drive Chipmunk Street Cobbler's Court Amberlea Road Zator Avenue Tatra Drive Liverpool Road Saugeen Drive Gloucester Square Sandy Beach Road McKay Road 130m west of Susan Drive Cowan Circle Krosno Blvd. Sanok Drive West Creek Drive TO Fairport Road South terminus East terminus West terminus Meriadoc Drive Bowler Drive Maple Ridge Drive West terminus Finch Avenue West terminus Hillcrest Road South terminus North terminus Speke Road Lynn Heights Drive Duberry Drive Jodrel Road North terminus East terminus Maple Gate Road Falconcrest Drive Edgewood Road Pine Grove Avenue Dellbrook Avenue Everton Street Dellbrook Avenue East terminus Pepperwood Gate Churchwin Street Aspen Road Breezy Drive North terminus West terminus Zator Avenue Krosno Blvd. West terminus Highview Road Bowler Drive Brock Road South terminus Frisco Road Cowan Circle Reytan Blvd. Sanok Drive West Creek Drive HIGHWAY NAME ATTACHMENT#~ T ~' ~: ~ 0 REPORT# ~ FROM TO 127 Mountain Ash Drive Mountcastle Crescent Mulberry Lane Mulmur Court Napanee Road Naroch Boulevard New Street Newmark Place Nipissing Court Nomad Road Nordane Drive Norfolk Square North Road Oakburn Street Oakwood Drive Oberon Court Oklahoma Drive Oklahoma Drive Old Forest Road Old Orchard Avenue Oliva Street Orangebrook Court Orchard Heights Drive Orion Court Otonabee Drive Park Crescent Parkdale Street Parkham Crescent Parkside Drive Parkside Drive Patio Lane Patmore Lane Peachwood Lane Pebble Court Pebblestone Crescent Pepperwood Gate Petticoat Lane Petunia Place Pine Glen Drive Pine Grove Avenue Pine Ridge Road Pinecreek Court Pineview Lane Pleasant Street Oakwood Drive Huntsmill Drive Whitevale Road Bowler Drive Finch Avenue Tatra Drive Whites Road Lauder Crescent Napanee Road Rosebank Road Pine Grove Avenue Foxwood Trail Whitevale Road Pine Grove Avenue Toynevale Road Ariel Crescent Whites Road West Shore Blvd. Sheppard Avenue Douglas Avenue Breezy Drive Brock Road Donnalea Avenue Shadybrook Drive Amberlea Road West Shore Boulevard Forest Park Drive Colmar Avenue New Street Pebble Court Hillcrest Road Liverpool Road Major Oaks Road Parkside Drive Maple Ridge Drive Major Oaks Road Broadgreen Street Gwendolyn Street Dixie Road Woodview Avenue Winette Road Kitley Avenue Autumn Crescent Annland Street South terminus Huntsmill Drive South terminus East terminus Amberlea Road Modlin Road Cricket Lane West terminus North terminus Dunn Crescent North terminus Foxwood Trail 150m north of Whitevale Road Lawson Street Rougemount Drive North terminus West Shore Blvd. Breezy Drive Rosebank Road Liverpool Road Lynx Avenue East terminus West terminus North terminus Lamour Road West terminus Linwood Street Sandy Beach Road Pebble Court Aspen Road Sanok Drive Naroch Blvd. Blue Ridge Crescent West terminus Maple Ridge Drive Chapman Court Creekview Circle North terminus Gossamer Drive Altona Road Rougemount Drive South terminus East terminus Commerce Street 128 HIGHWAY NAME Plummer Street Poppy Lane Poprad Avenue Portland Court Post Drive Primrose Court Prohill Street Quartz Street Quigley Street Radom Street Rainy Day Drive Rambleberry Avenue Rath more Crescent Rawlings Drive Rayleen Crescent Redbird Crescent Redwood Lane Reesor Court Regal Crescent Regan Place Reytan Boulevard Richardson Street Ridgewood Court Rigby Drive Riverview Crescent Rockwood Drive Rodd Avenue Rosebank Road Rosebank Road Rosebank Road Rosebank Road Rosebank Road Rosebank Road Rosefield Road Rosefield Road Rouge Forest Crescent Rouge Hill Court Rouge Valley Drive Rougemount Drive Rougemount Drive Rougemount Drive Rowntree Crescent FROM TO Salk Road Fieldlight Blvd. Tatra Drive Pickering Parkway Strouds Lane Fairport Road Woodview Avenue Toy Avenue Dillingham Road Liverpool Road Edmund Drive Dixie Road Rawlings Drive Rambleberry Avenue Beaton Way Huntsmill Drive Linwood Street Wildwood Crescent Darwin Drive Reytan Blvd. Drava Street Hoover Drive Dixie Road Liverpool Road Fawndale Road Hogarth Street Dyson Road Charnwood Road Sheppard Avenue 100m north of Granite Court 100m north of Concession Road 3 Concession Road 3 Kingston Road Glenview Road Finch Avenue Woodview Avenue Rougemount Drive Fawndale Road Rosebank Road 275m East of Altona Road Kingston Road Rawlings Drive Brock Road Lodge Road West terminus West terminus Fernam Street East terminus Rockwood Drive East terminus Brock Road St. Martin's Drive Steeple Hill' Rambleberry Avenue Rawlings Drive Glenanna Road Beaton Way Huntsmill Drive Parkdale Street East terminus Darwin Drive East terminus Krosno Blvd. East terminus East terminus West terminus Fawndale Road Pine Grove Avenue East terminus Strouds Lane Kingston Road Rodd Avenue Concession Road 3 80m south of Concession Road 3 100m south of Kingston Road Finch Avenue Parkdale Street Woodview Avenue North terminus Littleford Street Kingston Road Altona Road 275m East of Altona Road Rawlings Drive HIGHWAY NAME Royal Road Salk Road Samford Lane Sandcastle Court Sandcherry Court Sandhurst Crescent Sandra Drive Sandstone Manor Sandy Beach Road Sandy Beach Road Sangro Lane Sanok Drive Saugeen Drive Secord Street Seguin Square Senator Street Shademaster Drive Shadow Place Shadybrook Drive Shay Drive Shearer Lane Sheppard Avenue Sheppard Avenue Sherman Crescent Silicone Drive Silver Maple Drive Silver Spruce Drive Silverthorn Square Simpson Avenue Somergrove Crescent Southcott Road Southcott Road Southcott Road Southview Drive Sparrow Circle Spartan Court Speke Road Spring Street Springview Drive Spruce Hill Road St. Martins Drive St. Martins Drive FROM TO Kingston Road Bayly Street Sanok Drive Park Crescent Thicket Crescent Pine Grove Avenue Ingrid Road Granite Court 350m north of Bayly Street 950m south of Bayly Street Tatra Drive Hillcrest Road Amberlea Road Thicket Crescent Otonabee Drive Waterford Gate Wingarden Crescent Finch Avenue Strouds Lane Beaton Way Annland Street Whites Road Fairport Road Lynn Heights Drive Copperstone Drive Foxwood Trail Glenanna Road Dixie Road Browning Avenue Major Oaks Road 28m south of Conacher Crescent Concession Road 3 192m south of south Conacher Crescent Kingston Road Altona Road Appleview Road Cherrywood Avenue Brock Road Rosebank Road Finch Avenue Bayly Street Browning Avenue Finch Avenue North terminus West Shore Blvd. North terminus Sandcherry Court Pine Grove Avenue South terminus South terminus Bayly Street Montgomery Park Road Poprad Avenue Sanok Drive Highview Road Pine Grove Avenue Sequin Square Valleyview Drive South terminus South terminus Spruce Hill Road Beaton Way Balaton Avenue Edmund Drive Whites Road Lynn Heights Drive East terminus Strouds Lane Eagleview Drive Deerbrook Drive South terminus Major Oaks Road 192m south of south Conacher Crescent 28m south of Conacher Crescent South terminus South terminus Altona Road South terminus Martins Street Highway No. 7 Springview Drive South terminus Radom Street 100m north of Browning 129 13O ~! ~ACHMENT# , . ....of HIGHWAY NAME FROM TO Statview Court Steeple Hill Stonebridge Lane Stonehampton Court Stonehurst Road Stonepath Circle Storrington Street Stover Crescent Strathmore Crescent Streamside Court Strouds Lane Strouds Lane Strouds Lane Sturgeon Court Sultana Square Summerpark Crescent Sundown Crescent Sunrise Avenue Surf Avenue Susan Drive Swan Place Sweetbriar Court Tanzer Court Taplin Drive Tatra Drive Tawnberry Street Terracotta Court Theoden Court Thicket Crescent Tillings Road Tilson Court Timber Court Timmins Gardens Tisha Road Tomlinson Court Toy Avenue Toynevale Road Toynevale Road Trailwood Court Tranquil Court Treetop Way Trellis Court Trimble's Lane Forestview Drive Kingston Road Eyer Drive Littleford Street Concession Road 3 Aspen Road Walnut Lane Fawndale Road Denvale Drive Sandy Beach Road Autumn Crescent Broadoak Crescent (East) Shadybrook Drive Saugeen Drive Foxwood Trail Wildflower Drive Edmund Drive Wesr Shore Blvd. Park Crescent Montgomery Park Road Erin Gate Blvd. Hogarth Street Begley Street Fairport Road Liverpool Road Dellbrook Avenue Wildwood Crescent Hollyhedge Drive Valley Ridge Crescent 125m south of Dersan Street Strouds Lane Maple Gate Road Batory Avenue Brock Road Fiddlers Court Bayly Street Winette Road Rosebank Road Maple Gate Road Westcreek Drive Strouds Lane Chapleau Drive Concession Road 6 Avenue East terminus Lightfoot Place Downland Drive South terminus South terminus Aspen Road Glenanna Road Littleford Street South terminus East terminus Rosebank Road Alder Court Spruce Hill Road West terminus Sultana Square Wildflower Drive Edmund Drive Breezy Drive West Shore Blvd. South terminus West terminus East terminus South terminus West terminus Krosno Blvd. Melman Street East terminus North terminus Valley Ridge Crescent North terminus North terminus East terminus Vistula Drive Brougham Road West terminus North terminus Rosebank Road East terminus East terminus East terminus Strouds Lane East terminus South terminus HIGHWAY NAME FROM TO Tullo Street Twyn Rivers Drive Una Road Underhill Court Uxbridge / Pickering Townline Valley Gate Valley Ridge Crescent Valleyview Drive Vicki Drive Victor Court Victoria Street Victory Drive Village Street Vistula Drive Voyager Avenue Walnut Lane Waterford Gate Waterford Gate Wayfarer Lane Wellington Street Welrus Street West Lane West Shore Boulevard Westcreek Drive Westcreek Drive Weyburn Square Wharf Street Wheatsheaf Lane Whisky Gate White Cedar Drive White Pine Crescent Whitevale Road Whitevale Road Wilcroft Court Wildflower Drive Wildrose Crescent Wildwood Crescent William Street Willowside Court Windgrove Square Winette Road Wingarden Crescent Wixson Road MarksburY Road Altona Road Aspen Road Bentley Lane Sideline 30 Altona Road Hogarth Street Waterford Gate Hillcrest Road Broadgreen Street Central Street Vicki Drive Highview Road Batory Avenue Fairport Road Kingston Road Altona Road Oakburn Street St. Martins Drive Brock Road Fairport Road Pine Grove Avenue Bayly Street Oakburn Street Westcreek Drive Foxwood Trail 190m west of Liverpool Road Bushmill Street Finch Avenue Foxwood Trail Valley Ridge Crescent Altona Road 200m East of North Road Oakburn Street Woodsmere Crescent Maple Gate Road Major Oaks Road Brock Road Sandy Beach Road Maple Ridge Drive Tonyvale Road Fairport Road Regional Road 5 West Shore Blvd. Hoover Drive New Street North terminus Sideline 28 Riverview Crescent Thicket Crescent North terminus West Shore Blvd. North terminus South terminus Park Crescent Arcadia Square West Shore Blvd. Grayabbey Court Glenanna Road Oakburn Street Woodview Avenue Tanzer Court Lorn Street Spruce Hill Road Valley Ridge Crescent South terminus Westcreek Drive Pine Grove Avenue Foxwood Trail East terminus Barnwood Square Armaretto Avenue Strouds Lane Valley Ridge Crescent 200m east of North Road 325m east of North Road East terminus Rosebank Road Maple Gate Road Major Oaks Road Regional Road 5 East terminus Windgrove Square Pine Ridge Road West terminus Lane Steet 131 1.32 HIGHWAY NAME Wollaston Courl Woodgrange Avenue Woodruff Crescent Woodside Lane Woodsmere Crescent Woodview Avenue Woodview Avenue Woodview Drive Yeremi Street Zator Avenue FROM TO Walnut Lane Rougemount Drive Aspen Road Highview Road Wildflower Drive Twyn Rivers Drive Pine Grove Avenue Twyn Rivers Drive Oklahoma Drive Bem Avenue South terminus South terminus New Street Springview Drive Rosebank Road Pine Grove Avenue Finch Avenue South terminus Breezy Drive Krosno Blvd. ATTACHMENT# ........ SCHEDULE B TO BY-LAVV NO. 6i8i/03 MAXIMUM RATE OF SPEED - 50 KM/H ~ TOREPORT~ 6&S ~-0~ 133 134 HIGHWAY NAME Concession Road, fifth Concession Road, fourth Concession Road, third Dixie Road Dixie Road Rosebank Road Salem Road Scarborough / Pickering Towniine Sideline 4 Squires Beach Road Uxbridge / Pickering Townline Westney Road FROM TO 100m west of Church Street Brock Road Brock Road Kingston Road Kitley Avenue 80m south of Concession Road 3 Concession Road 5 Finch Avenue Concession Road 5 McKay Road Sideline 32 Regional Road 5 Westney Road Taunton Road Ajax Border Glenanna Road Finch Avenue Finch Avenue Highway No. 7 Taunton Road Highway No. 7 Bayly Street Sideline 30 Uxbridge / Pickering Townline SCHEDULE D TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 70 KM/H SCHEDULE E TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 80 KM/H 137 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Mayor Arthurs be authorized to make the following proclamation: "Rouge Park Week" - September 29 to October 4, 2003 "Canada's Citizenship Week" - October 13 to 19, 2003 "2003 Waste Reduction Week in Canada"- October 20 to 26, 2003 "Drug Awareness Week"- November 16 to 22, 2003 CARRIED: MAYOR 135 Rouge Park Rouge Park 50 Bloomington Road West Aurora, ON L4G3G8 Tel: Fax: (905) 713-6038 (905) 713-6028 CLERK'S September 3, 2003 Mayor Wayne Arthurs and Councillors City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Dear Mayor Arthurs and Councillors: On behalf of the Rouge Park Alliance, I respectfully request that the City of Pickering Council officially declare the week of September 29th to October 4th, 2003 as "Rouge Park Week" and join our celebrations by flying the Rouge Park flag at your municipal offices during this week. As a partner organization of the Rouge Park Alliance, we have valued your contributions to the management of the Rouge Park in the past and look forward to your cooperation in the future. Sincerely, R. M. Christie Chair Rouge Park Alliance MN/dm cc: Councillor David Ryan, City of Pickering Mr. Tom Melymuk, City of Pickering Minister of Citizenship and Immigration Ministre de la Citoyennet~ et de i'lmmigration Ottawa, Canada KIA 1L1 139 · .... 1 12003 Dear Sir or Madam: This year, Canada's Citizenship Week will be held October 13 - 19. This event is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country to live in. I hope that your municipality will join the celebration by recognizing this important week. We are encouraging municipalities to become involved by passing a resolution proclaiming Canada's Citizenship Week. A sample resolution is enclosed for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is enclosed, along with a copy of the Citizenship Week poster and an order form for material to support your community's participation in the Week. As a municipal official, I am sure YOu will agree that all citizens should be encouraged to take part in community activities. It is particularly important for young people to become actively engaged in citizenship activities. Many of the products we have developed aim to empower young people with the concepts, understanding and skills they need to be responsible, caring and active citizens. If you have any questions about Canada's Citizenship Week or citizenship in general, please fax us at (613) 954-2332 or e-mail us at welcomehome~cic.gc.ca. You can also obtain more information by visiting the Citizenship and Immigration Canada Web site at www.cic.gc.ca. Enclosures: 4 Sincerely The Honourabl~ Canad 1.40 Proclamation Canada's Citizenship October 13-19, 2003 WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: THEREFORE: Canada's Citizenship Week will be held from October 13 to 19, 2003; Canada's Citizenship Week provides an opportunity to reflect on the value of citizenship and immigration and to focus on the privileges, rights, responsibilities and obligations of citizenship; New Canadians bring a strong sense of commitment to their new home, make many valuable contributions to Canada and play an important role in our economic strength and cultural diversity; The themes and values of Canadian citizenship reinforce an important message for all Canadians that newcomers are welcome in Canada and that we all belong; All Canadians, old and new, can join together in reaffirming their commitment to Canada; I (Mayor) do hereby proclaim the week of October 13-19, 2003, as "Canada's Citizenship Week" in the (City/Town) of Please fax a copy to (613) 954-9144 j~CoRcs°urcc nscrvation Manitoba mmsb S ll[IWMC Clean Nova Scotia .~/~j~ Inuvik Recycling Waste Reductio n yeek in Canada September 10, 2003 Dear City Clerks/CAO's, The Recycling Council of Ontario along with its sister organizations from across Canada are proud to celebrate Waste Reduction Week (WRW) in Canada. This annual event is intended to educate the public about wasteful consumption. During October 20 - 26th, 2003 the theme "To Good To Waste" will be promoted throughout, schools, businesses and municipalities. The idea is to have participants learn and partake in WRW activities and events across the nation. The Recycling Council of Ontario is asking for each municipality to support our continual effort to educate the public about waste reduction The RCO is respectfully asking your council to declare the week of October 20 - 26t~ 2003 Waste Reduction Week in Canada. A proclamation from your council will significantly increase the profile of Waste Reduction Week. Please place this request on your next council meeting agenda. A sample proclamation is available for viewing on the web site; www.wrwcanada, com/resouree01.html. All proclamations throughout Canada will be collected and listed on the Waste Reduction Week in Canada web site. Proclamations will be accepted by mail and as a facsimile. Please send to: Recycling Council of Ontario Attn: Paul Gill 51 Wolseley Street, 2® Floor Toronto Ontario M5W lB2 OR Fax:416-960-8053 If you have any questions, contact me at 416-657-2797 ext.3 or wrw~rco.on.ea. Please visit the Waste Reduction Week in Canada web site at www.wrwcanada.com. Paul Gill National Project Coordinator Waste Reduction Week in Canada RCO The Regional Municipality of Durham Health Department HEAD OFFICE 1615 DUNDAS ST. E, SUITE 210 WHITBY ON L1N 2L1 CANADA (905) 723-8521 Fax: (905) 723-6026 Toronto Office (905) 686-2740 :i. 42 September 4, 2003 B. Taylor, Clerk City of Pickering 1 The Esplanade Pickering, Ontario L1V 6K7 CLERK'S DWistON SEP8:2003 OilY OF PI,:.. .... PIOKERINO, O~;i, .. Dear B. Taylor, ,RE.: Proclamation of Drug Awareness Week On behalf of the Injury Prevention Program, Durham Region Health Department, I am asking you to help raise awareness regarding substance use bybringing this to the attention of your municipal.council and requesting that they proclaim the week of November 16-22, 2003, as Drug Awareness Week. The Injury Prevention Program is planning a public awareness campaign for the week of November 16-22, 2003. Part of the campaign is requesting Regional Council and local councils to proclaim Drug A-~areness Week in their municipalities. In addition, the campaign will include a media release, community events and distribution of resources in the community. The following are important facts on drug use: · On Canadian roads, drunk drivers kill an average of 4 people and injure 125 people every 24 hours, each day, every day of the week. · Alcohol related crashes are the leading killer of people under the age of 40. · Binge drinking (5 or. more drinks on any occasion) is increasing in students and young adults. · During the 2002/2003 Region of Durham Festive Ride Program, the numbers of narcotic and G lor G2 licence contravention charges were significantly higher than last year. · In the 2001 Ontario Student Drug Use Survey, 29.9% of students reported using cannabis in the year prior to the survey. The Injury Prevention Program will be collaborating with other cOmmunity agencies such as the Ontario Drug Awareness Partnership, Centre for Addiction and Mental Health and Pinewood to address this important issue. "SERVICE EXCELLENCE ]'or our COMMUNITY" I0(}', Post Consumer I have attached a draft proclamation for your consideration. Please join us in raising awareness of this important issue by proclaiming November 16-22, 2003 Drug Awareness Week. Thank you for your support. Yours sincerely, Tricia Dallaway RN, BScN Durham Region Health Department Injury Prevention Program 905-723-8521 ext. 2284 or 1-800-841-2729 ext. 2284 144 Draft Proclamation Statement: Drug Awareness Week, November 16-22, 2003. Whereas: There are risks associated with alcohol and other drug use which can lead to problems for individuals, families, businesses and communities and Whereas: research indicates that the prevention of these problems occurs when. communities come together to strategize comprehensive approache.s to reduce' these risks Whereas: public awareness is the first step in community-building Therefore: The Corporation of the City/Municipality of Hereby proclaims November 16-22, 2003 as Drug Awareness Week. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6177/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1300 & 1360 Kingston Road and 1655 & 1665 Pickering Pkwy). WHEREAS pursuant to section 15(I)of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as a) 1300 & 1360 Kingston Road: David Crandall b) 1655 & 1665 Picketing Pkwy.: Robert James Mitchell Nell James Sugars Delon Fok David Daniels David Dunstan Rujohn Galo Darryl John Gordon Rajshekar Vemulapalli Don Sunny-Guy James Balendra Muhammad Malik The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the person listed in section l(a) ceasing to be an employee of Steele Valley Developments Ltd. or upon Steele Valley Developments Ltd. ceasing to be an agent of 1300 & 1360 Kingston Road, or upon those persons listed in section l(b) ceasing to be employees of Authorized Parking Only Ltd. or upon Authorized Parking Only Ltd. ceasing to be an agent of 1655 & 1665 Picketing Pkwy., or whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 15th day of September, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 145 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6178/03 Being a By-law of The Corporation of the City of Pickering to Establish the 2003 tax rates for the Commercial, Industrial and Multi-Residential realty taxes and to levy the FINAL commercial, industrial and multi-residential taxes for the year 2003. WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to pass a by-law to levy a separate tax rate on the assessment in each property class; and, WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, WHEREAS it is necessary for the Council of The Corporation of the City of Picketing, pursuant to the Municipal Act, 2001, S.O. 2001, c.25, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering. WHEREAS the Regional Municipality of Durham has passed By-law No. 21-2003 to establish tax ratios and By-Law No. 20-2003 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and By-Law No. 34-2003 to set and levy rates of taxation for Regional Solid Waste Management and By-law No. 22-2003 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering for the current year; and, WHEREAS an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 6097/03) before the adoption of the estimates for the current year; and, WHEREAS sub section 342 (2) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2003. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the year 2003, The Corporation of the City of Pickering (the "City") shall levy upon the Property Classes (commercial, industrial and multi-residential) as set out in By-law No. 6160/03 of Schedule "A", the rates of taxation, for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule "A" of By-law No. 6160/03. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. The levy provided for shall be reduced by the ambunt of the interim levy for 2003. The 2003 final tax calculations for the industrial, commercial and multi-residential realty tax classes is based on the "cut-off" date as of May 30, 2003. The decrease retained percentage for the realty class is outlined below: Multi residential 41.4288% Commercial 10.4736% Industrial 15,4505% The 2003 taxes owed for the commercial, industrial and multi-residential assessed properties shall be due in one installment on October 15, 2003 or as adjusted by the Treasurer. Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O.c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O.c.25 as amended. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. Taxes shall be payable to the Treasurer, City of Pickering. This By-law comes into force on the date of its final passing. BY-LAW read a first, second and third time and finally passed this 15th day of September, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk [47 148 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ~n/n3 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 2175/86 and 4501/94, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 26, Plan 492, and Part of Lot 23, Concession 1, City of Pickering. (A 10/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit additional commercial uses and additional parking to surrounding commercial properties, on the subject lands, being; Part of Lot 26, Plan 492, Parts 13, 14 and 15, Lots 28, 29 and 30, Plan 492, City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended by By-laws 2175/86 and 4501/94, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) (2) (3) (4) Section 4. DEFINITIONS of By-law 2175/86, is hereby further amended by renumbering and re-alphabetizing subsections (1) to (11) and by adding thereto the following: (2) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children, and shall not exceed 137 square metres; Section 5. (1) (a) of By-law 2175/86, is hereby further amended by renumbering and re-alphabetizing subclauses (i) to (viii) and by adding thereto the following: (ii) day nursery Section 5. (1) (b) (viii) B of By-law 2175/86, is hereby repealed and replaced by the following subclause: B There shall be provided and maintained on the subject lands a minimum of 5.5 spaces per 93 square metres or part thereof of gross leasable floor area; Section 5. (1) (b) (ix) of By-law 2175/86, is hereby further amended by adding thereto the following: G Despite the provisions of section 5. (1) (b) of By-law 2175/86, the one-storey dwelling existing on the lands zoned "C11" on Schedule I attached hereto, on the date of passing of this by-law, known as 1852 Liverpool Road, shall be deemed to comply with the provisions of By-law 3036, as amended by By-law 2175/86. Any alterations, additions, or new development on the lands shall comply with the provisions set out herein. SCHEDULE I AND II Schedule I and II to By-law 2175/86, is hereby revoked and replaced with Schedule I and II attached hereto. -2- 149 AREA RESTRICTED By-law 3036, as amended by By-law 2175/86, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above, and as set out in Schedules I and II attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 4. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this __. September ,2003. 15th day of Wayne Arthurs, Mayor Bruce Taylor, Clerk 15 C-11 SCHEDULE T TO BY-LAW - ~mo/o.~ AS AMENDED BY BY-LAW .... 2175/86 PASSED THIS 15th DAY OF Sept er~ber 2003 MAYOR CLERK SCHEDULE 11 TO BY-LAW. AS AMENDED BY BY-LAW PASSED THIS 15th DAY OF September 2003 MAYOR CLERK [ 51. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6181/03 Being a by-law to authorize speed limits on highways under the jurisdiction of the City of Pickering. WHEREAS Section 128 of the Highway Traffic Act (R.S.O. 1990, Chapter H. 8) authorizes the Council of a City, Town or Village and the Trustees of a Police Village by by-law to prescribe a rate of speed for motor vehicles driven on any highway or portion of highway under its jurisdiction; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: When any highway or portion of highway set out in Schedule A, B, C, D and E appended hereto is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed thereon shall be the rate of speed prescribed in the Schedule. The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shall apply to offences against this by - law. o By-law Nos. 264/75, 450/76, 840/78, 1172/80, 1333/81, 1342/81, 1575/82, 1595/82, 1705/83, 1724/83, 2032/85, 2150/86, 2389/87, 2461/87, 2530/87, 2619/87, 2817/88, 3412/90, 3562/90, 3602/90, 3865/91, 3911/92, 3987/92, 4104/92, 4157/93, 4488/94, 4815/96, 4892/96, 5049/97, 5766/00, 6138/03 and any other inconsistent by - laws insofar as they apply to highways under the jurisdiction of the City of Pickering are hereby repealed. BY-LAW read a first, second and third time and finally passed this 15tit day of Septer~ber 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk SCHEDULE A TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 40 KM/H HIGHWAY NAME FROM T__0_O Abbey Road Abbott Crescent Aberfoyie Court Abingdon Court Acorn Lane Ada Court Alanbury Crescent Albacore Manor Alder Court Alderwood Place Alliance Road Alpine Lane Altona Road Alwin Circle Alyssum Street Amaretto Avenue Amberlea Road Ambedea Road Ambedea Road Amberwood Crescent Annan Woods Drive Annland Street Anthony Court Anton Square Antonio Street Appleview Road Arathorn Court Arcadia Square Ariel Crescent Ashfield Court Ashford Drive Ashwood Gate Aspen Road Atwood Crescent Audley Road Autumn Crescent Avonmore Square Baggins Street Bainbridge Drive Balaton Avenue Balsam Road Balsam Road Banbury Court Barber Street Barclay Street Barnwood Square Barry Drive Batory Avenue Bayfield Street Baylawn Drive Bayshore Court Bayview Street 140m south of Halsey Lane Canterbury Crescent Highview Road Eyer Drive Brock Road Shadybrook Drive Lynn Heights Drive Tanzer Court Strouds Lane Colmar Avenue Sandy Beach Road Wildwood Crescent Kingston Road Denmar Road Krosno Blvd. Whites Road Highview Road Strouds Lane Napanee Road Foxwood Trail Somergrove Crescent Front Road Cowan Circle Liverpool Road Grenoble Blvd. Dunbarton Road Melman Street Ambedea Road Highview Road Fernam Street Beechlawn Drive Twyn Rivers Drive Strouds Lane Whites Road 140m south of Highway No. 7 Strouds Lane Valley Farm Road Meriadoc Drive Kingston Road Lublin Avenue 350m south of Regional Road 5 Regional Road 5 Fairfield Crescent Central Street Central Street Wheatsheaf Lane Sheppard Avenue Breezy Drive Whites Road Fairport Road Batory Drive Front Street Abbey Road Canterbury Crescent South terminus West terminus Kodiak Street North terminus Blairwood Court South terminus South terminus South terminus South terminus Major Oaks Road South terminus Denmar Road Sandy Beach Road West terminus Napanee Road Highview Road Rosebank Road Foxwood Trail Somergrove Crescent Krosno Blvd. East terminus Liverpool Road Grenoble Blvd. Bonita Avenue North terminus Arcadia Square Amberlea Road East terminus Marshcourt Drive South terminus Spruce Hill Road Whites Road Highway No. 7 East terminus Avonmore Square Melman Street Marshcourt Drive South terminus Regional Road 5 160m north of Regional Road 5 West terminus North terminus North terminus Wheatsheaf Lane Edmund Drive Vistula Drive Foxwood Trail West terminus East terminus West terminus 153 154 HIGHWAY NAME Beare Court Beaton Way Beckworth Square Beechlawn Ddve Begley Street Belinda Court Bella Vista Ddve Bem Avenue Benedictine Court Bentley Lane Benton Crescent Bicroff Court Birchwood Court Blairwood Court Bloomfield Court Blue Ridge Crescent Bonita Avenue Bovingdon Place Bowler Drive Box'worth Place Boyne Court Braeburn Crescent Bramblewood Court Brands Court Breda Avenue Breezy Drive Brian Court Briar Wood Gate Bridge Gate Crescent Bridle Path Circle Brimwood Court Brixton Lane Broadgreen Street Broadoak Crescent Broadview Street Bronte Square Bronwen Lane Brookridge Gate Brookshire Square Brougham Road Browning Avenue Bundy Street Burnside Drive Bushmill Street Butternut Court Byron Street Callahan Street Calvington Drive Canborough Crescent Canso Drive Canterbury Crescent Carmello Court Carpenter Court Castle Street Cattail Court Cecylia Court Cedarcroft Crescent Cedarwood Court Chantilly Road Chapleau Drive Chapman Court Chadotte Cimle -2- FROM Middleton Street Major Oaks Road Foxwood Trail Pickering Parkway Bayly Street Shadybrook Drive Rodd Avenue Garvolin Avenue Amaretto Avenue Blue Ridge Crescent Lynn Heights Drive Bowler Drive Weybum Square Alanbury Crescent Valley Farm Road Dellbrook Avenue Fairport Road Brock Road Glenanna Road Timmins Gardens Saugeen Drive Foxwood Trail Fieldstone Circle Fieldlight Blvd. Sanok Drive Sunrise Avenue Broadgreen Street Whites Road Maple Ridge Drive Linwood Street Ashwood Gate Modlin Road Whites Road Strouds Lane Liverpool Road Glendale Drive Zator Avenue Altona Road Glenanna Road Highway No. 7 St. Martins Drive Brock Road Bainbridge Drive Liverpool Road Valleyview Drive Whitevale Road Whites Road Strouds Lane Bowler Drive Canterbury Crescent Creekview Court Creekview Court Acorn Lane Lawson Street Edmund Ddve West Shore Blvd. Maple Ridge Drive Maple Gate Road Toynevale Road Hailer Avenue Dellbrook Avenue Bronte Square T._qO South terminus Duberry Drive Beckworth Square Marshcourt Drive Tanzer Court North terminus Rosebank Road Zator Avenue South terminus Blue Ridge Crescent Lynn Heights Drive North terminus South terminus North terminus South terminus Dellbrook Avenue Appleview Road East terminus Finch Avenue South terminus North terminus Foxwood Trail Fieldstone Circle East terminus Sanok Drive West Shore Blvd. East terminus Shadybrook Drive Bushmill Street Linwood Street West terminus Bem Avenue Downland Drive Strouds Lane Annland Street Glendale Drive Krosno blvd. Dalewood Drive Brookshire Square Brock Road Douglas Avenue Claremont Street North terminus Maple Ridge Drive West terminus South terminus West terminus Treetop Way Bowler Drive Abbot Crescent West terminus West terminus North terminus Wilcroft Court North terminus North terminus Maple Ridge Drive East terminus North terminus Douglas Avenue South terminus Bronte Square HIGHWAY NAME Charnwood Court Chartwell Court Cherrywood Avenue Chickadee Court Chipmunk Street Chiron Crescent Churchwin Street Claremont Street Clearside Court Cliffview Road Cloudberry Court Cobbler's Court Cognac Crescent Collingsbrook Court Colmar Avenue Colonial Street Commerce Street Conacher Crescent Concession Road, sixth Concession Road, third Concession Road, third Concession Road, third Concession Road, third Conmara Avenue Copley Street Copperstone Drive Cornell Court Cortez Avenue Cottonwood Circle Cowan Circle Craighurst Court Creekview Circle Cricket Lane Crossing Court Culross Avenue Dahlia Crescent Dalewood Drive Darwin Drive David Street Davidson Street Daylight Court Deerbrook Drive Deerhaven Lane Deerhurst Court Dellbrook Avenue Delta Boulevard Denby Drive Dencourt Drive Denmar Road Denvale Drive Dersan Street Diefenbaker Court Dillingham Road Dixie Road Dixie Road Donnalea Avenue Douglas Avenue Dow Street -3- FROM Rosebank Road Bayfield Street Heska Road Sparrow Circle Sunrise Avenue Ambedea Road Mill Street 50m south of Bundy Lane Third Concession Road Park Crescent Dunbarton Road Edgewood Road Amaretto Avenue Craighurst Court Balaton Avenue Dixie Road Front Road Southcott Road Highway No. 7 460m west of Rosebank Road Scarborough / Pickering Townline Altona Road 220m East of Rosebank Road Jodrel Road Valley Ridge Crescent Clements Road Linwood Street Balaton Avenue Linwood Street Rosebank Road Whites Road Downland Drive Aspen Road Meriadoc Drive Dixie Road Toynevale Road Altona Road Finch Avenue William Street Speke Road Edmund Drive Glenanna Road Rosebank Road Sandhurst Circle Brock Road Kingston Road Major Oaks Road Charwood Court Pickering Parkway Greenmount Street Brock Road Valley Farm Road Brock Road Glenanna Road Kingston Road Highway No. 7 Browning Avenue Central Street T_ O East terminus East terminus Speke Road West terminus Oklahoma Drive Amberlea Road North Road North terminus South terminus North terminus East terminus Edgewood Road Amaretto Avenue North terminus Lublin Avenue Lynn Heights Drive Annland Street Southcott Road Highway No. 7 220m east of Rosebank Road Altona Road 460m west of Rosebank Road Whites Road East terminus Thicket Crescent East terminus South terminus Colmar Avenue Linwood Street East terminus East terminus Broadgreen Street Strouds Lane South terminus Walnut Lane Rosebank Road Rougemount Drive West terminus Brock Road Heska Road North terminus Silverthorn Square Wildflower Ddve South terminus Valley Farm Road North terminus Dellbrook Avenue Fernam Street Kingston Road Strathmore Crescent Tillings Road East terminus 975m south of Brock Road Kitley Avenue South terminus South terminus Radom Street David Street 156 HIGHWAY NAME Downland Drive Drava Street Dreyber Court Driftwood Court Duberry Drive Duberry Drive Duberry Drive Dunbarton Road Duncannon Drive Dunchurch Street Dunfair Street Dunn Crescent Dyson Road Eagleview Drive Eastbank Road Echo Point Court Edge Lane Edgewood Road Edmund Drive EIvira Court Engel Court Eramosa Crescent Erin Gate Boulevard Escott Court EsPlanade North, The Esplanade South, The Essa Crescent Evelyn Avenue Everton Street Eyer Drive Factory Street Fairfield Crescent Fairport Road Fairview Avenue Falconcrest Ddve Falconwood Way Fanshaw Place Fawndale Road Faylee Crescent Feldspar Court Fernam Street Ferncliff Circle (north leg) Ferncliff Circle (south leg) Fiddlers Court Fieldlight Boulevard Fieldstone Circle Finch Avenue Flavelle Court Foleyet Crescent Fordon Avenue Forest Park Drive Forestview Drive Foster Court Foxglove Avenue Foxwood Trail Franklin Street Fdsco Road Front Street Frontier Court Fuschia Lane Gablehurst Crescent (north leg) -4- FROM Whites Road Reytan Blvd. Picketing Parkway Saugeen Ddve Major Oaks Road Denby Drive Beaton Way Fairport Road Finch Avenue Dunbarton Road Whites Road Nomad Road Rougemount Drive Glenanna Road Edgewood Road Glenanna Road Eyer Drive Shadybrook Drive Sheppard Avenue Vistula Drive Callaghan Street Amberlea Road Finch Avenue Colonial Crescent Valley Farm Road Valley Farm Road Batory Avenue Kingston Road Rosefield Road Hillcrest Road Whitevale Road Bainbridge Drive Kingston Road Browning Avenue Dunbarton Road Bonita Avenue Krosno Blvd. Riverview Crescent Fieldlight Blvd. Brock Road Strouds Lane Forest Park Drive Forest Park Drive Altona Road Glenanna Road Maple Ridge Drive Brock Road Foxwood Trail Walnut Lane Modlin Road Finch Avenue Lawson Street Cowan Circle Annland Street Strouds Lane Central Street Montgomery Park Road Browning Avenue Chantilly Road Grenoble Blvd. Brookshire Square TO Broadgreen Street Sandy Beach Road West terminus East terminus Beaton Way Major Oaks Road South terminus Dixie Road Fairport Road South terminus West terminus North terminus South terminus Huntsmill Drive North terminus North terminus South terminus Shadybrook Ddve Steeple Hill East terminus West terminus Amberlea Road Erin Gate Blvd. North terminus Glenanna Road Glenanna Road Breezy Ddve South terminus West terminus Oklahoma Ddve South terminus Bainbridge Drive Finch Avenue Douglas Avenue Rambleberry Avenue South terminus Balaton Avenue Littleford Street Fieldlight Blvd. North terminus Charnwood Court South terminus West terminus South terminus Valley Farm Road Bushmill Street East terminus East terminus Walnut Lane Krosno Blvd. Linwood Street Waterford Gate East terminus West terminus Rosebank Road North terminus South terminus Annland Street West terminus Modlin Road South terminus HIGHWAY NAME Gablehurst Crescent (south leg) Gallant Court Gandalf Court Gardenview Square Gadand Crescent Garvolin Avenue Geta Circle Gillmoss Road Gladstone Street Glen Eden Court Glenanna Road Glenanna Road Glendale Drive Glengrove Road Glenview Road Glouchester Square Golf Club Road Gossamer Drive Graceland Court Grafton Court Granby Court Granite Court Grayabbey Court Greenbum Place Greenmount Street Greenridge Drive Greenvale Crescent Greenwood Road Grenoble Boulevard Greycoat Lane Grovedale Court Guild Road Gwendolyn Street Haddan Court Hailer Avenue Halsey Lane Hampton Court Hanworth Court Harrowsmith Court Harvest Ddve Heathside Crescent Hedgerow Place Helen Crescent Helm Street Henry Street Hensall Court Heska Road Hewson Drive Highbush Trail Highview Road Highview Road Hillcrest Road Hillview Crescent Hogarth Street Holbrook Court Hollyhedge Drive Honeywood Crescent Hoover Drive Houston Court Howell Crescent Hoxton Street -5- FROM Brookshire Square Atwood Crescent Duberry Drive Foxwood Trail Summerpark Crescent Modlin Road Pickering Parkway Rosebank Road Whitevale Road Dixie Road Fairport Road Dixie Road Finch Avenue Kingston Road Kingston Road Bowler Drive Whitevale Road Dixie Road Napanee Road Duncannon Drive Altona Road Whites Road Helm Street Concession Road 5 Valley Farm Road Westney Road Springview Drive Concession Road 5 Naroch Blvd. Vicki Drive Parkdale Street Kingston Road Rouge Valley Drive Southcott Road Liverpool Road Liverpool Road Eyer Drive Breda Avenue Major Oaks Road Maple Ridge Drive Glenanna Road Shadybrook Ddve Modlin Road Voyager Avenue William Street Malden Crescent Martens Street Annland Street Old Forest Road Ariel Crescent Rosebank Road Hillview Crescent Park Crescent Woodview Avenue Bonita Avenue Major Oaks Road Deerbrook Drive Fawndale Road Cowan Circle Hoover Drive 140m west of Brock Road TO West terminus North terminus East terminus Gardenview Square Summerpark Crescent Krosno Blvd. Pickering Parkway East terminus North terminus West terminus Dixie Road Listowell Crescent Kingston Road Glenview Road Fieldlight Blvd. Gloucester Square South terminus East terminus East terminus West terminus West terminus Rosebank Road North terminus North terminus Major Oaks Road West terminus Springview Drive Concession Road 6 Naroch Blvd. Sanok Drive North terminus Finch Avenue Fawndale Road East terminus Douglas Avenue Abbey Road West terminus North terminus West terminus Maple Gate Road Longbow Ddve Eastbank Road South terminus South terminus Dow Street South terminus Cherrywood Avenue Foxglove Ave Old Forest Road Whites Road Ariel Crescent West Shore Blvd. Vicki Drive Pine Grove Avenue East terminus Denby Drive Deerbrook Drive Twyn Rivers Drive East terminus Hoover Drive Brock Road 157 HIGHWAY NAME Hummingbird Court Huntsmill Drive Ilona Park Road Ingrid Road Ironstone Manor Jacqueline Avenue Jaywin Circle Jodrel Road John Street Jomar Avenue Joseph Street Kate's Lane Kellino Street Kelvinway Lane Kimton Court Kingfisher Drive Kinsale Road Kirkwood Lane Kitley Avenue Kodiak Street Krosno Boulevard Lamour Road Lancrest Street Lane Street Larksmere Court Laurier Crescent Lawson Street Layton Court Leaside Street Lekani Court Lennox Lane Lightfoot Place Linwood Street Listowell Crescent Littleford Street Liverpool Road Liverpool Road Liverpool Road Liverpool Road Livingston Street Lodge Road Longbow Drive Lorn Street Lublin Avenue Luna Court Lutterworth Court Lydia Crescent Lynmar Court Lynn Heights Drive Lynn Heights Drive Lytton Court Madonna Court Maitland Drive Major Oaks Road Malden Crescent Maple Gate Road Maple Hill Court Maple Ridge Drive Mapleview Court Marinet Crescent -6- FROM Sparrow Circle Finch Avenue Liverpool Road 130m west of Susan Drive Granite Court Eastbank Road Denmar Road McKay Road Brock Road 100m west of Stonehurst Road Brock Road Shadybrook Drive Squires Beach Road Rambleberry Avenue Dunn Crescent Balaton Avenue Highway No. 7 Highview Road Dixie Road Sideline 20 Liverpool Road Napanee Road Waterford Gate Brock Road Beechlawn Drive Foxwood Trail Oakburn Street Atwood Crescent Oklahoma Drive Mountain Ash Drive Avonmore Square Edmund Drive Liverpool Road Glenanna Road Altona Road Bushmill Street Annland Street Lake Ontado Finch Avenue Central Street Fieldlight Blvd. Healthside Crescent Central Street Alyssum Street Liverpool Road Canborough Crescent Dixie Road Baggins Street Finch Avenue 900m north of Finch Avenue Toynevale Road Abbey Road Rosebank Road Brock Road Glenanna Road Dixie Road Conacher Crescent Dixie Road Finch Avenue Hillcrest Road T._~O West terminus Glenanna Road Liverpool Road East terminus North terminus Spruce Hill Road Denmar Road Conmara Avenue East terminus East terminus Franklin Street East terminus Church Street Rambleberry Avenue West terminus Colmar Avenue 1000m North of Highway No. 7 Springview Drive Bowler Ddve Acorn Lane Bayly Street Otonabee Drive Valleyview Drive East terminus North terminus Foxwood Trail East terminus East terminus Breezy Crescent North terminus Kingston Road South terminus Parkdale Street Storrington Street West terminus North terminus Bayly Street Annland Street Bushmill Street South terminus Poppy Lane Rambleberry Avenue Wellington Street Parkham Crescent East terminus West terminus Ridgewood Court West terminus 900m north of Finch Avenue Fairport Road South terminus East terminus West terminus Meriadoc Drive Bowler Drive Maple Ridge Drive West terminus Finch Avenue West terminus Hillcrest Road HIGHWAY NAME Marksbury Road Marshcourt Drive Martins Street Maury Crescent McBrady Crescent McKay Road McLeod Crescent McPherson Court Meadowlane Crescent Meadowridge Crescent Meadowview Avenue Meldron Drive Melman Street Memory Lane Meriadoc Drive Merritton Road Middleton Street Mill Street Millbank Road Mink Street Minstrel Manor Miranda Court Midam Road Modlin Road Monica Cook Place Montclair Lane Monteagle Circle Montgomery Park Road Montgomery Park Road Montgomery Park Road Moorelands Crescent Morden Lane Moretta Avenue Mossbrook Square Mountain Ash Drive Mountcastle Crescent Mulberry Lane Mulmur Court Napanee Road Naroch Boulevard New Street Newmark Place Nipissing Court Nomad Road Nordane Drive Norfolk Square North Road Oakbum Street Oakwood Drive Oberon Court Oklahoma Drive Oklahoma Drive Old Forest Road Old Orchard Avenue Oliva Street Orangebrook Court Orchard Heights Ddve Orion Court Otonabee Ddve Park Crescent Parkdale Street -7- FROM Vicki Drive Pickering Parkway Heska Road Lynn Heights Drive Duberry Drive Squires Beach Road Oakwood Drive Brock Road Maple Gate Road Falconcrest Drive ' Shadybrook Drive Sandhurst Crescent Dellbrook Avenue Fieldlight Blvd. Major Oaks Road Kingston Road Major Oaks Road Whitevale Road Parkside Drive Chipmunk Street Cobbler's Court Ambedea Road Zator Avenue Tatra Drive Liverpool Road Saugeen Drive Gloucester Square Sandy Beach Road McKay Road 130m west of Susan Drive Cowan Circle Krosno Blvd. Sanok Drive West Creek Drive Oakwood Drive Huntsmill Drive Whitevale Road Bowler Drive Finch Avenue Tatra Drive Whites Road Laurier Crescent Napanee Road Rosebank Road Pine Grove Avenue Foxwood Trail Whitevale Road Pine Grove Avenue Toynevale Road Ariel Crescent Whites Road West Shore Blvd. Sheppard Avenue Douglas Avenue Breezy Drive Brock Road Donnalea Avenue Shadybrook Drive Amberlea Road West Shore Boulevard Forest Park Drive TO South terminus North terminus Speke Road Lynn Heights Drive Duberry Drive Jodrel Road North terminus East terminus Maple Gate Road Falconcrest Ddve Edgewood Road Pine Grove Avenue Dellbrook Avenue Everton Street Dellbrook Avenue East terminus Pepperwood Gate Churchwin Street Aspen Road Breezy Drive North terminus West terminus Zator Avenue Krosno Blvd. West terminus Highview Road Bowler Ddve Brock Road South terminus Frisco Road Cowan Circle Reytan Blvd. Sanok Drive West Creek Ddve South terminus Huntsmill Drive South terminus East terminus Amberlea Road Modlin Road Cricket Lane West terminus North terminus Dunn Crescent North terminus Foxwood Trail 150m north of Whitevale Road Lawson Street Rougemount Drive North terminus West Shore Blvd. Breezy Drive Rosebank Road Liverpool Road Lynx Avenue East terminus West terminus North terminus Lamour Road West terminus Linwood Street 159 160 HIGHWAY NAME Parkham Crescent Parkside Drive Parkside Drive Patio Lane Patmore Lane Peachwood Lane Pebble Court Pebblestone Crescent Pepperwood Gate Petticoat Lane Petunia Place Pine Glen Drive Pine Grove Avenue Pine Ridge Road Pinecreek Court Pineview Lane Pleasant Street Plummer Street Poppy Lane Poprad Avenue Portland Court Post Drive Primrose Court Prohill Street Quartz Street Quigley Street Radom Street Rainy Day Drive Rambleberry Avenue Rathmore Crescent Rawlings Ddve Rayleen Crescent Redbird Crescent Redwood Lane Reesor Court Regal Crescent Regan Place Reytan Boulevard Richardson Street Ridgewood Court Rigby Drive Riverview Crescent Rockwood Drive Rodd Avenue Rosebank Road Rosebank Road Rosebank Road Rosebank Road Rosebank Road Rosebank Road Rosefield Road Rosefield Road Rouge Forest Crescent Rouge Hill Court Rouge Valley Drive Rougemount Drive Rougemount Drive Rougemount Drive Rowntree Crescent -8- FROM Colmar Avenue New Street Pebble Court Hillcrest Road Liverpool Road Major Oaks Road Parkside Drive Maple Ridge Drive Major Oaks Road Broadgreen Street Gwendolyn Street Dixie Road Woodview Avenue Winette Road Kitley Avenue Autumn Crescent Annland Street Salk Road Fieldlight Blvd. Tatra Ddve Pickering Parkway Strouds Lane Fairport Road Woodview Avenue Toy Avenue Dillingham Road Liverpool Road Edmund Drive Dixie Road Rawlings Drive Rambleberry Avenue Beaton Way Huntsmill Drive Linwood Street Wildwood Crescent Darwin Drive Reytan Blvd. Drava Street Hoover Drive Dixie Road Liverpool Road Fawndale Road Hogarth Street Dyson Road Charnwood Road Sheppard Avenue 100m north of Granite Court 100m north of Concession Road 3 Concession Road 3 Kingston Road Glenview Road Finch Avenue Woodview Avenue Rougemount Drive Fawndale Road Rosebank Road 275m East of Altona Road Kingston Road Rawlings Drive T_QO Sandy Beach Road Pebble Court Aspen Road Sanok Drive Naroch Blvd. Blue Ridge Crescent West terminus Maple Ridge Drive Chapman Court Creekview Circle North terminus Gossamer Drive Altona Road Rougemount Drive South terminus East terminus Commerce Street Brock Road Lodge Road West terminus West terminus Femam Street East terminus Rockwood Drive East terminus Brock Road St. Martin's Drive Steeple Hill Rambleberry Avenue Rawlings Drive Glenanna Road Beaton Way Huntsmill Drive Parkdale Street East terminus Darwin Drive East terminus Krosno Blvd. East terminus East terminus West terminus Fawndale Road Pine Grove Avenue East terminus Strouds Lane Kingston Road Rodd Avenue Concession Road 3 80m south of Concession Road 3 100m south of Kingston Road Finch Avenue Parkdale Street Woodview Avenue North terminus Littleford Street Kingston Road Altona Road 275m East of Altona Road Rawlings Drive HIGHWAY NAME Royal Road Salk Road Samford Lane Sandcastle Court Sandcherry Court Sandhurst Crescent Sandra Ddve Sandstone Manor Sandy Beach Road Sandy Beach Road Sangro Lane Sanok Drive Saugeen Drive Secord Street Seguin Square Senator Street Shademaster Drive Shadow Place Shadybrook Drive Shay Ddve Shearer Lane Sheppard Avenue Sheppard Avenue Sherman Crescent Silicone Drive Silver Maple Drive Silver Spruce Drive Silverthorn Square Simpson Avenue Somergrove Crescent Southcott Road Southcott Road Southcott Road Southview Drive Sparrow Circle Spartan Court Speke Road Spring Street Springview Drive Spruce Hill Road St. Martins Drive St. Martins Drive Starview Court Steeple Hill Stonebddge Lane Stonehampton Court Stonehurst Road Stonepath Circle Stordngton Street Stover Crescent Strathmore Crescent Streamside Court Strouds Lane Strouds Lane Strouds Lane Sturgeon Court Sultana Square Summerpark Crescent -9- FROM Kingston Road Bayly Street Sanok Drive Park Crescent Thicket Crescent Pine Grove Avenue Ingrid Road Granite Court 350m north of Bayly Street 950m south of Bayly Street Tatra Ddve Hillcrest Road Ambedea Road Thicket Crescent Otonabee Drive Waterford Gate Wingarden Crescent Finch Avenue Strouds Lane Beaton Way Annland Street Whites Road Fairport Road Lynn Heights Drive Copperstone Drive Foxwood Trail Glenanna Road Dixie Road Browning Avenue Major Oaks Road 28m south of Conacher Crescent Concession Road 3 192m south of south Conacher Crescent Kingston Road Altona Road Appleview Road Cherrywood Avenue Brock Road Rosebank Road Finch Avenue Bayly Street Browning Avenue Forestview Drive Kingston Road Eyer Drive Littleford Street Concession Road 3 Aspen Road Walnut Lane Fawndale Road Denvale Drive Sandy Beach Road Autumn Crescent Broadoak Crescent (East) Shadybrook Drive Saugeen Drive Foxwood Trail Wildflower Ddve T_90 Finch Avenue North terminus West Shore Blvd. North terminus Sandcherry Court Pine Grove Avenue South terminus South terminus Bayly Street Montgomery Park Road Poprad Avenue Sanok Drive Highview Road Pine Grove Avenue Sequin Square Valleyview Drive South terminus South terminus Spruce Hill Road Beaton Way Balaton Avenue Edmund Drive Whites Road Lynn Heights Ddve East terminus Strouds Lane Eagleview Drive Deerbrook Drive South terminus Major Oaks Road 192m south of south Conacher Crescent 28m south of Conacher Crescent South terminus South terminus Altona Road South terminus Martins Street Highway No. 7 Spdngview Drive South terminus Radom Street 100m north of Browning Avenue East terminus Lightfoot Place Downland Drive South terminus South terminus Aspen Road Glenanna Road Liffleford Street South terminus East terminus Rosebank Road Alder Court Spruce Hill Road West terminus Sultana Square Wildflower Drive 16.1. 162 HIGHWAY NAME Sundown Crescent Sunrise Avenue Surf Avenue Susan Drive Swan Place Sweetbriar Court Tanzer Court Taplin Drive Tatra Drive Tawnberry Street Terracotta Court Theoden Court Thicket Crescent Tillings Road Tilson Court Timber Court Timmins Gardens Tisha Road Tomtinson Court Toy Avenue Toynevale Road Toynevale Road Trailwood Court Tranquil Court Treetop Way Trellis Court Trimble's Lane Tullo Street Twyn Rivers Drive Una Road Underhill Court Uxbridge ! Pickering Townline Valley Gate Valley Ridge Crescent Valleyview Drive Vicki Drive Victor Court Victoria Street Victory Ddve Village Street Vistula Drive Voyager Avenue Walnut Lane Waterford Gate Waterford Gate Wayfarer Lane Wellington Street Welrus Street West Lane West Shore Boulevard Westcreek Drive Westcreek Drive Weyburn Square Wharf Street Wheatsheaf Lane Whisky Gate White Cedar Ddve White Pine Crescent Whitevale Road - 10- FROM Edmund Drive Wesr Shore Blvd. Park Crescent Montgomery Park Road Erin Gate Blvd. Hogarth Street Begley Street Fairport Road Liverpool Road Dellbrook Avenue Wildwood Crescent Hollyhedge Ddve Valley Ridge Crescent 125m south of Dersan Street Strouds Lane Maple Gate Road Batory Avenue Brock Road Fiddlers Court Bayly Street Winette Road Rosebank Road Maple Gate Road Westcreek Drive Strouds Lane Chapleau Drive Concession Road 6 Marksbury Road Altona Road Aspen Road Bentley Lane Sideline 30 Altona Road Hogarth Street Waterford Gate Hillcrest Road Broadgreen Street Central Street Vicki Drive Highview Road Batory Avenue Fairport Road Kingston Road Altona Road Oakburn Street St. Martins Drive Brock Road Fairport Road Pine Grove Avenue Bayly Street Oakburn Street Westcreek Drive Foxwood Trail 190m west of Liverpool Road Bushmill Street Finch Avenue Foxwood Trail Valley Ridge Crescent Altona Road T_90 Edmund Drive Breezy Drive West Shore Blvd. South terminus West terminus East terminus South terminus West terminus Krosno Blvd. Melman Street East terminus North terminus Valley Ridge Crescent North terminus North terminus East terminus Vistula Drive Brougham Road West terminus North terminus Rosebank Road East terminus East terminus East terminus Strouds Lane East terminus South terminus West Shore Blvd. Hoover Drive New Street North terminus Sideline 28 Riverview Crescent Thicket Crescent North terminus West Shore Blvd. North terminus South terminus Park Crescent Amadia Square West Shore Blvd. Grayabbey Court Glenanna Road Oakburn Street Woodview Avenue Tanzer Court Lorn Street Spruce Hill Road Valley Ridge Crescent South terminus Westcreek Drive Pine Grove Avenue Foxwood Trail East terminus Barnwood Square Armaretto Avenue Strouds Lane Valley Ridge Crescent 200m east of North Road HIGHWAY NAME Whitevale Road Wilcroft Court Wildflower Drive Wildrose Crescent Wildwood Crescent William Street Willowside Court Windgrove Square Winette Road Wingarden Crescent Wixson Road Wollaston Court Woodgrange Avenue Woodruff Crescent Woodside Lane Woodsmere Crescent Woodview Avenue Woodview Avenue Woodview Drive Yeremi Street Zator Avenue -11- FROM 200m East of North Road Oakburn Street Woodsmere Crescent Maple Gate Road Major Oaks Road Brock Road Sandy Beach Road Maple Ridge Drive Tonyvale Road Fairport Road Regional Road 5 Walnut Lane Rougemount Drive Aspen Road Highview Road Wildflower Ddve Twyn Rivers Drive Pine Grove Avenue Twyn Rivers Drive Oklahoma Drive Bern Avenue TO 325m east of North Road East terminus Rosebank Road Maple Gate Road Major Oaks Road Regional Road 5 East terminus Windgrove Square Pine Ridge Road West terminus Lane Steet South terminus South terminus New Street Spdngview Drive Rosebank Road Pine Grove Avenue Finch Avenue South terminus Breezy Ddve Krosno Blvd. SCHEDULE B TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 50 KM/H SCHEDULE C TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 60 KM/H HIGHWAY NAME FROM T._~O Concession Road, fifth Concession Road, fourth Concession Road, third Dixie Road Dixie Road Rosebank Road Salem Road Scarborough / Pickering Townline Sideline 4 Squires Beach Road Uxbridge / Pickering Townline Westney Road 100m west of Church Street Brock Road Brock Road Kingston Road Kitley Avenue 80m south of Concession Road 3 Concession Road 5 Finch Avenue Concession Road 5 McKay Road Sideline 32 Regional Road 5 Westney Road Taunton Road Ajax Border Glenanna Road Finch Avenue Finch Avenue Highway No. 7 Taunton Road Highway No. 7 Bayly Street Sideline 30 Uxbridge / Pickering Townline HIGHWAY NAME Concession Road, fifth Concession Road, fourth Concession Road, third Dixie Road Dixie Road Rosebank Road Salem Road Scarborough / Pickering Townline Sideline 4 Squires Beach Road Uxbridge / Pickering Townline Westney Road SCHEDULE C TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 60 KM/H FROM 100m west of Church Street Brock Road Brock Road Kingston Road Kitley Avenue 80m south of Concession Road 3 Concession Road 5 Finch Avenue Concession Road 5 McKay Road Sideline 32 Regional Road 5 T_QO Westney Road Taunton Road Ajax Border Glenanna Road Finch Avenue Finch Avenue Highway No. 7 Taunton Road Highway No. 7 Bayly Street Sideline 30 Uxbridge / Pickering Townline SCHEDULE D TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 70 KM/H 167 ].68 SCHEDULE E TO BY-LAW NO. 6181/03 MAXIMUM RATE OF SPEED - 80 KM/H NOTICE OF MOTION DATE: SEPTEMBER 15, 2003 MOVED BY: COUNCILLOR JOHNSON SECONDED BY: COUNCILLOR BRENNER That staff be directed to prepare a by-law to provide for a three-way stop at the intersection of Cowan Circle and the easterly leg of Moorelands Crescent. CARRIED: MAYOR Btaylor:Notices of Motion:Three Way Stop at Cowan and Moorelands i70 NOTICE OF MOTION DATE: SEPTEMBER 15, 2003 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR BRENNER WHEREAS there is currently no restrictions on flights or flight training over nuclear power stations in Canada; and WHEREAS it is standard practice for the Durham Flight School to have students fly near or directly over the Pickering Nuclear Power Station; and WHEREAS it is impossible to identify flights that may have malicious intent from those conducting normal business over a nuclear facility without a no-fly zone in effect; and WHEREAS Pickedng-Ajax-Uxbridge M.P. Dan McTeague has expressed his support for establishing a no-fly zone over Canadian nuclear facilities; NOW THEREFORE the Council of the Corporation of the City of Picketing urges the Canadian Nuclear Safety Commission to work with Transport Canada to create no-fly zones over all domestic nuclear facilities; and THAT the Canadian Association of Nuclear Host Communities be asked to adopt a position in favour of the above referenced no-fly zone and work with Federal officials to effect change; and THAT this motion be circulated to municipalities within the GTA for their endorsement and to all municipalities within Canada that host nuclear facilities; and THAT this motion be further circulated to: Dan McTeague, M.P. Pickering-Ajax-Uxbridge The Right Honourable Jean Chretien, Pdme Minister of Canada Paul Martin, M.P. LaSalle-C:mard The Honourable David Collenette, Minister of Transport Canada The Honourable Herb Dhaliwal, Minister of Natural Resources Canada Linda Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission Larry Kraemer, Chair, Canadian Association of Nuclear Host Communities CARRIED: MAYOR Btaylor:Notices of Motion:No Fly Zone 172 NOTICE OF MOTION DATE: SEPTEMBER 15, 2003 MOVED BY: COUNCILLOR RYAN SECONDED BY: COUNCILLOR BRENNER WHEREAS on September 4, 2003, Ontario Power Generation entered into an agreement to sell its Inspection Services Division to a consortium led by. Babcock and Wilcox Canada; and WHEREAS this agreement will lead to the inspection of maintenance services at the Pickering Nuclear Generating Station, as well as other OPG generating facilities, being carried out by a private company; and WHEREAS Babcock and Wilcox Canada is also a supplier of steam generators to OPG thus creating a conflict of interest; and WHEREAS in the Report of the President's Commission on the Accident at Three Mile Island it was noted that inadequate training provided by Babcock Wilcox contributed to the Three Mile Island nuclear disaster in 1979; and WHEREAS the said agreement is scheduled to close before the end of 2003 after the Provincial election; and WHEREAS the contracting out of testing and inspection services led to the Walkerton tainted water tragedy; and WHEREAS the residents of the City of Pickering and the residents of other municipalities that have nuclear generating stations located in or near their municipality need every assurance that the stations are being operated and maintained safely; NOW THEREFORE the Council of the Corporation of the City of Picketing hereby requests the Province of Ontario and Ontario Power Generation to rescind their agreement with Babcock Wilcox Canada to carry out inspection services at nuclear generating stations in Ontario; and FURTHER THAT this motion be further circulated to: Ernie Eves, Premier of Ontario John Baird, Minister of Energy Janet Ecker, M.P. Pickering-Ajax-Uxbridge Ron Osborne President and CEO, Ontario Power Generation Linda Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission Larry Kraemer, Chair, Canadian Association of Nuclear Host Communities Town of Ajax Town of Whitby City of Oshawa Municipality of Clarington City of Toronto Municipality of Kincardine CARRIED: Btaylor:Notices of Motion:Nuclear Plan Inspections MAYOR 174 NOTICE OF MOTION DATE: SEPTEMBER 15, 2003 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR RYAN WHEREAS the Province of Ontado announced that it was swapping Provincially-owned lands in the Seaton area of Pickering, for lands in Richmond Hill and Uxbridge owned by private developers on the Oak Ridges Moraine; and WHEREAS on April 17, 2003, the Provincial Minister of Municipal Affairs and Housing issued an Order under the Ontario Planning and Development Act establishing a "development planning area" over the Seaton lands, as well as adjacent lands to the west and south of Seaton, requiring the Minister to prepare a "Development Plan" for lands in the development planning area; and WHEREAS in June 2003, the Ministry of Municipal Affairs and Housing issued a "Request for Proposals" for the purpose of completing a Development Plan for lands within the development planning area; and WHEREAS on May 7, 2003, the Province gave first reading to Bill 25, which Bill includes a provision that would have the effect of allowing development plans prepared by the Province for lands within development planning areas to be exempt from the requirements of the Environmental Assessment Act; and WHEREAS Bill 25 is not in force; 175 NOW THEREFORE the Council of the Corporation of the City of Pickering hereby authorizes the Solicitor for the City to initiate legal action against the Province of Ontario for failure to undertake a proper environmental assessment before announcing the land swap, establishing a development planning area, or issuing a Request for Proposals. Btaylor:Notices of Motion:Bill 25 CARRIED: MAYOR 176 4TH SESSION, 37TH LEGISLATURE, ONTARIO 52 ELIZABETH II, 2003 4e SESSION, 37e LI~GISLATURE, ONTARIO 52 ELIZABETH II, 2003 Bill 25 Projet de loi 25 An Act to enhance public transit and provide for a smart transportation system in Ontario Loi visant h rehausser la qualit6 du transport en commun et pr6voir un syst~me intelligent de transport en Ontario The Hon. F. Klees Minister of Transportation L'honorable F. Klees Ministre des Transports Government Bill Projet de loi du gouvernement 1 st Reading 2nd Reading 3rd Reading Royal Assent May 7, 2003 1 r, lecture 2e lecture 3' lecture Sanction royale 7 mai 2003 Printed by the Legislative Assembly of Ontario Impr/m6 par l'Assembl6e 16gislative de l'Ontario 177 EXPLANATORY NOTE The Bill amends a number of Acts as follows: Highway Traffic Act Section 151 is amended to allow all vehicles or prescribed classes or types of vehicles to drive on the paved shoulder along designated sections of the King's Highway. Section 154 is amended to provide for high occupancy vehicle lanes designated by regulation for use by prescribed classes of vehicles or vehicles with a prescribed number of occupants. Subsection 170 (15) is amended to give police officers, police c~idets and municipal and ministry enforcement officers the power to remove and store vehicles illegally parked in com- muter parking lots. Ontario Planning and Development Act, 1994 The Act currently provides for the establishment of develop- ment planning areas and the preparation of development plans in respect of those areas. It is amended to provide as well for the establishment of infrastructure corridor planning areas and the preparation of infrastructure corridor plans in respect of those areas. Where an infrastructure corridor planning area involves, in whole or in part, transportation infrastructure, the Minister of Transportation, in consultation with the Minister of Municipal Affairs and Housing, will exercise the relevant ministerial pow- ers under the Act. New subsection 2 (5) provides that the establishment of a devel- opment planning area or an infrastructure corridor planning area and the preparation of plans in respect of those areas are not undertakings under the Environmental Assessment Act, although particular developments or infrastructures within such an area continue to be undertakings under that Act. New section 12.1 requires the Minister to undertake a review of every infrastructure corridor plan ever3' 10 years after it has been last considered. At the end of the review, the Minister must confirm or revoke the plan or initiate proceedings to amend it. New section 20.1 limits causes of actions and remedies payable in respect of the enactment or repeal of any prevision of the Act, the making or revocation of any regulation under the Act or anything done or not done under the Act. Planning Act Subsection 51 (25) is amended so that the approval of a subdivi- sion plan may be subject to the condition that land be dedicated for commuter parking lots for highway users. Public Transportation and Highway Improvement Act Two new regulation-making powers are added: the power to prohibit or regulate the use of commuter parking lots; and the power to constitute corporations to develop and implement or oversee the implementation of policies and strategies related to public transit services. NOTE EXPLICATIVE Le projet de loi modifie plusieurs lois comme suit: Code de la route L'article 151 est modifi6 pour autoriser la conduite de tous les v6hicules ou de ceux de cat6gories ou de types prescrits sur l'accotement stabilis6 des sections d6sign6es de la route princi- pale. L'article 154 est modifi6 pour pr6voir la d6signation par r~gle- ment de voles r6serv6es aux v6hicules multioccupants destin6es g l'usage des v6hicules d'une cat6gorie prescrite ou les v6hicu- les transportant un hombre prescrit d'occupants. Le paragxaphe 170 (15) est modifi6 de fagon ~ donner aux agents de police, cadets de la police et agents d'ex6cution de la municipalit6 et du minist~re le pouvoir d'enlever et de remiser un v6hicule stationn6 ill6galement dans un parc de stationne- ment pour navetteurs. Loi de 1994 sur la planification et l'amdnagement du territoire de l'Ontario La Loi pr6voit actuellement l'6tablissement de zones de planifi- cation de l'am6nagement et I'61aboration de plans d'am6nage- ment ~t leur 6gard. Elle est modifi6e pour pr6voir 6galement l'6tablissement de zones de planification de couloir d'infrastruc- ture et l'61aboration de plans de couloir d'infrastructure ~ leur 6gard. Si cette nouvelle zone conceme, en totalit6 ou en partie, uno infrastructure de transport, le ministre des Transports, en consultation avec le ministre des Affaires municipales et du Logement, exerce les pouvoirs minist6riels pertinents quo confkre la Loi. Le nouveau paragraphe 2 (5) pr6voit quo l'6tablissement d'une zone de planification de l'am6nagement ou d'une zone de plani- fication de couloir d'infrastmcture et l'61aboration d'un plan ~ son 6gard ne sont pas des entreprises au sons de la Loi sur les dvaluations environnementales, bien qu'un projet d'am6nage- ment ou d'infrastructure particuliers dans cette zone continue d'etre une entreprise sous le r6gime de cette Loi. Le nouvel article 12.1 exige quo le ministre r6examine tous les 10 ans chaque plan de couloir d'infrastmcture, qu'il doit ensuite confirmer, r6voquer ou modifier de sa propre initiative. Le nouvel article 20.1 limite les causes d'action et les recours payables fi l'6gard de l'6diction ou de l'abrogation d'une dispo- sition de la Loi, de la prise ou de l'abrogation d'un r6glement pris en application de la Loi ou de quoi quo ce soit qui est fait ou. n'est pas fait en application de la Loi. Loi sur l'amdnagement du territoire Le paragraphe 51 (25) est modifi6 de sorte que l'approbation d'un plan de lotissement puisse ~tre assujettie ~ la condition selon laquelle des terrains soient affect6s ~ des pares de station- nement pour navetteurs destin6s aux utilisateurs de voies publi- ques. Loi sur l'amdnagement des voies publiques et des transports en commun Deux pouvoirs r6glementaires sont ajout6s: celui d'interdire ou de r6glementer l'usage des pares de stationnement pour navet- teurs et celui de cr.6er des personnes morales charg6es de l'61aboration et de la mise en oeuvre, ou de la supervision de la mise en oeuvre, des politiques et des strat6gies relatives aux services de transport en commun. Bill 25 2003 Projet de loi 25 2003 An Act to enhance public transit and provide for a smart transportation system in Ontario Loi visant/t rehausser la qualit6 du transport en commun et prtvoir un syst~me intelligent de transport en Ontario Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: HIGHWAY TRAFFIC ACT 1. Subsections 151 (1) and (2) of the Highway Traf- fic Act are repealed and the following substituted: Drivers to obey signs posted at designated paved shoulders (I) Where any part of the King's Highway has been designated as having a paved shoulder for use by all vehi- cles or by specified classes or types of vehicles, and offi- cial signs have been erected accordingly to indicate the designation, every driver of a vehicle shall obey the in- structions on the official signs. Regulations (2) The Minister may make regulations, (a) designating any part of the King's Highway as having a paved shoulder for use by all vehicles or by specified classes or types of vehicles, regulating that use and prescribing conditions for that use; (b) exempting any vehicle or class or type of vehicle that is prescribed in a regulation made under clause (a) from any requirement in this Part or in any regulation made under this Part, and prescribing conditions for any such exemptions; (c) providing for the erection of signs and the placing of markings, (i) on any highway approaching any part of the King's Highway designated under clause (a), and (ii) on any part of the King's Highway designated under clause (a); (d) prescribing the types of the signs and markings referred to in clause (c), instructions to be con- tained thereon and the location of each type of sign and marking. 2. Section 154 of the Act is amended by adding the following subsections: Sa Majestt, sur l'avis et avec le consentement de l'Assemblte 16gislative de la province de l'Ontario, 6dicte: CODE DE LA ROUTE 1. Les paragraphes 151 (1) et (2) du Code de la route sont abrogts et remplacts par ce qui suit: Observation des panneaux placts sur les accotements dtsign{s (1) Si une section de la route principale est dtsignte comme ayant un accotement stabilis6 ~ l'usage de tous les vthicules ou de ceux de cattgories ou de types prtcists et que des panneaux officiels ont 6t6 placts en constquence pour indiquer la dtsignation, le conducteur d'un vthicule observe les indications de ecs panneaux. Riglements (2) Le ministre peut, par r~glement: a) dtsigner une section de la route principale comme ayant un accotement stabilis6 ~t l'usage de tous les vthicules ou de ceux de cattgories ou de types prt- cists, rtglementer cet usage et en prescrire les conditions; b) soustraire tout vthicule ou toute cattgorie ou type de vthicules qui est prescrit par un r~glement pris en application de l'alinta a) i toute exigence de la prtsente pattie ou des r~glements phs en applica- tion de celle-ci et prescrire les conditions auxquel- les est assujettie une telle exemption; c) prtvoir la raise en place de panneaux et la pose de marques: (i) sur une vole publique ~ proximit6 d'une sec- tion de la route principale dtsignte en vertu de l'alinta a), (ii) sur une section de la route principale dtsignte en vertu de l'alinta a); d) prescrire les types de panneaux et de marques vists ~ l'alinta c), les indications qui doivent y figurer ainsi que l'emplacement de chaque type de pan- neaux et de marques. 2. L'article 154 du Code est modifi6 par adjonction des para~,raphes suix ants: SMART TRANSPORTA'i'ION ACT, 2003 Regulations for high occupancy vehicle lanes (3) Where a part of the King's Highway has been di- vided into clearly marked lanes for traffic, the Minister may make regulations, (a) designating any lane as a high occupancy vehicle lane for any such part of the King's Highway and limiting such designations to specified days or times; (b) prescribing the classes or types of vehicles or vehi- cles with a prescribed number of occupants that may use high occupancy vehicle lanes, and pre- scribing conditions and circumstances for such use; (c) providing for the erection of signs and the placing of markings on a highway on which there is a des- ignated high occupancy vehicle lane or on a high- way approaching such a highway; (d) prescribing the types of the signs and markings referred to in clause (c), instructions to be con- tained thereon, including points where a vehicle may enter or exit a high occupancy vehicle lane, and the location of each type of sign and marking. Offeuee (4) No person shall drive a motor vehicle in a high occupancy vehicle lane except in accordance with this section and the regulations made under it. Penalty (5) Every person who contravenes subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500. 3. Subsection 170 (15) of the Act is repealed and the following substituted: Powers of officer to remove vehicle (15) A police' officer, police cadet, municipal law en- forcement officer or an officer appointed for carrying out the provisions of this Act, upon discovery of any vehicle parked or standing in contravention of subsection (12), of a regulation made under subsection 26 (3) of the Public Transportation and Highway Improvement Act or of a municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage of the vehicle, if -any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. ONTARIO PLANNING AND DEVELOPMENT ACT, 1994 4. (1) The definitions of "development plan" and "development planning area" in section 1 of the On- R/~glements: voles rfservfes aux vfhicules multioccupants (3) Si une section de la route principale est divisfe en plusieurs voies nettement indiqufes, le ministre peut, par r~glement: a) dfsigner comme voie rfservfe aux vfhicules mul- tioccupants une vole de cette section de la route principale et limiter cette dfsignation aux jours ou aux heures prfcisfes; b) prescrire les catfgories ou types de vfhicules, ou les vfhicules transportant un nombre prescrit al'oc- cupants, qui peuvent utiliser les voles rfservfes aux vfhicules multioccupants et prescrire les conditions et les circonstances de cette utilisation; c) prfvoir la raise en place de panneaux et la pose de marques sur une vole publique comportant une vole rfservfe aux vfhicules multioccupants dfsi- gnfe ou sur une voie publique qui se trouve h proximit6 de celle-ci; d) prescrire les types de panneaux et de marques visfs h l'alinfa c), les indications qui doivent y figurer, y compris les points off un vfhicule peut s'engager dans la voie rfservde aux vdhicules multioccupants ou en sortir, ainsi que l'emplacement de chaque type de panneaux et de marques. Infraction (4) Nul ne doit conduire un vdhicule automobile sur une voie rdservde aux vdhicules multioccupants, si ce n'est conformdment au prdsent article et h scs rbglements al'application. Peine (5) Quiconque contrevient au paragraphe (4) est cou- pable d'une infraction et passible, sur ddclaration de culpabilit6, d'une amende d'au moins 150 $ et d'au plus 500 $. 3. Le paragraphe 170 (15) du Code est abrog6 et remplac6 par ce qui suit: Pouvoir de l'agent d'enlever un vfhicule (15) L'agent de police, le cadet de la police, le fonc- tionnaire chargd de l'application de la loi municipale ou l'agent charg6 de faire appliquer les dispositions de la prdsente loi qui trouve un vdhicule stationn6 ou immobili- sd en contravention au paragraphe (12), h un r~glement pris en application du paragraphe 26 (3) de la Loi sur l'am~nagement des voles publiques et des transports en commun ou/t un r~glement municipal peut le faire dfpla- cer ou conduire dans un lieu appropri6 pour y ~tre plac6 ou remis6. Les cofits et frais occasionnds pour le dfpla- cement, la garde et le remisage du vfhicule, le cas 6chdant, constituent un privilege sur le vdhicule, qui peut gtre rfalis6 comme le prdvoit la Loi sur le privilbge des r~parateurs et des entreposeurs. LOI DE 1994 SUR LA PLANIFICATION ET L~AM~NAGEMENT DU TERRITOIRE DE L~ONTARIO 4. (1) Les d~finitions de <<plan d'am~nagement>> et de <<zone de planification de l'am~nagement>> /~ 180 LOI DE 2003 SUP, UN SYSTI~ME INTELLIGENT DE TRANSPORT tario Planning and Development Act, 1994 are repealed and the following substituted: "development plan" means a plan in respect of a devel- opment planning area approved by the Lieutenant Gov- ernor in Council under section 4; ("plan d'am6nage- ment") "development planning area" means an area of land, other than an infrastructure corridor planning area, in .respect of which an order is made under section 2; ("zone de planification de l'am6nagement") (2) Section 1 of the Act, as amended by the Statutes of Ontario, 2002, chapter 17, Schedule F, Table, is amended by adding the following definitions: "infrastructure corridor plan" means a plan in respect of an infrastructure corridor planning area approved by the Lieutenant Governor in Council under section 4; ("plan de couloir d'infrastmcture") "infrastructure corridor planning area" means an area of land or corridor that is a potential site for future infra- structure, such as roads, rail lines, recreational trails, utilities, pipes or cables, and in respect of which an or- der is made under section 2; ("zone de planification de couloir d'infrastmcture") 5. (1) Subsection 2 (1) of the Act is repealed and the following substituted: Development planning area, infrastructure corridor planning area (1) The Minister may by order establish as a develop- ment planning area or an infrastructure corridor planning area any area of land defined in the order and may amend the order to alter the boundaries of the area. (2) Subsection 2 (3) of the Act is repealed and the following substituted: Development plan, infrastructure corridor plan (3) Subject to subsection (4), if a development plan- ning area or an infrastructure corridor planning area has been established, the Minister shall, (a) cause to be carried out an investigation and survey of the environmental, physical, social and eco- nomic conditions affecting the planning area or any part of it; and (b) cause a proposed development plan or proposed infrastructure corridor plan for the planning area or part of it to be prepared, within a period of two years or such other period of time as the Minister considers appropriate. Transportation infrastructure corridor plan (4) If an infrastructure corridor planning area involv- I'article 1 de la Loi de 1994 sur la planification et l'amdnagement du territoire de l'Ontario sont abrog6es et remplac6es par ce qui suit: <<plan d'am6nagement>> Plan ~ l'6gard d'une zone de pla- nification de l'am6nagement, qu'approuve le lieute- nant-gouverneur en conseil en vertu de l'article 4. (<<development plan>>) <<zone de planification de l'am6nagement>> Partie du terri- toire, h l'exclusion d'une zone de planification de cou- loir al'infrastructure, qui fait l'objet d'un arrat6 pris en vertu de l'article 2. (<<development planning area>>) (2) L'article 1 de la Loi, tel qu'il est modifi6 par le tableau de l'annexe F du chapitre 17 des Lois de I'Ontario de 2002, est modifi6 par adjonction des d6fi- nitions suivantes: <<plan de couloir d'infrastructure>> Plan h l'6gard d'une zone de planification de couloir d'infrastmcture, qu'approuve le lieutenant-gouverneur en conseil en vertu de l'article 4. (<<infrastructure corridor plan>>) <<zone de planification de couloir d'infrastructure>> Partie du territoire ou couloir qui est un emplacement 6ven- tuel d'infrastructures, notamment des routes, des lignes ferroviaires, des sentiers r6cr6atifs, des services, des canalisations ou des cables, et qui fait l'objet d'un arr6- t6 pris en verm de l'article 2. (<<infrastructure corridor planning area>>) 5. (1) Le paragraphe 2 (1) de la Loi est abrog6 et remplac6 par ce qui suit: Zone de planiflcation de l'am6nagement ou zone de planification de couloir d'infrastructure (1) Le ministre peut, par arr~t6, 6tablir la zone de pla- nification de l'am6nagement ou la zone de planification de couloir al'infrastructure qui comprend la partie de terri- toire d6finie dans l'arr~t6. Il peut modifier l'arr6t6 afin de modifier les limites de cette zone. (2) Le paragraphe 2 (3) de la Loi est abrog6 et rem- plac6 par ce qui suit: Plan d'am6nagement ou plan de couloir d'infrastructure (3) Sous r6serve du paragraphe (4), si une zone de pla- nification de l'am6nagement ou une zone de planification de couloir al'infrastructure est 6tablie, le ministre fait faire ce qui suit: a) proc6der ~t la conduite d'un examen et d'un relev6 des conditions environnementales, physiques, so- ciales et 6conomiques qui out une incidence sur tout ou pattie de la zone de planification; b) proc6der ~t l'61aboration d'un plan d'am6nagement propos6 ou d'nn plan de couloir al'infrastructure propos6 pour tout ou partie de la zone de planifica- tion, dans un d61ai de deux aris ou dans tout autre d61ai que le ministre estime appropri6. Plan de couloir d'infrastructure de transport (4) Si est 6tablie une zone de planification de couloir SMART TRANSPORTATION ACT, 2003 181 ing, in whole or in part, transportation infrastructure has been established, (a) the Minister of Transportation, in consultation with the Minister, shall cause to be carried out an inves- tigation and survey of the environmental, physical, social and economic conditions affecting the plan- ning area or any part of it; and (b) the Minister of Transportation, in consultation with the Minister, shall cause a proposed infrastructure corridor plan for the planning area or part of it to be prepared, within a period of two years or such other period of time as the Minister of Transporta- tion, in consultation with the Minister, considers appropriate. Environmental Assessment Act (5) For greater certainty, the establishment of a devel- opment planning area or an infrastructure corridor plan- rang area and the preparation of a development plan or infrastructure corridor plan are not undertakings as de- fined in subsection I (I) of the Environmental Assessment Act, but that Act continues to apply to a proposal for a particular development or infrastructure within a devel- opment planning area or infrastructure corridor planning area and a proposal for such particular development or infrastructure is an undertaking as defined in subsection 1 (1) of that Act. 6. (1) Section 3 of the Act is amended by striking out "A development plan" at the beginning and substi- tuting "A development plan or infrastructure corridor plan". (2) Section 3 of the Act is amended by adding the following subsection: Transportation infrastructure corridor plan (2) In the case of an infrastructure corridor plan that invoNes, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consul- tation with the Minister. 7. Section 4 of the Act is repealed and the following substituted: Public participation 4. (1) The Minister shall ensure that the public is given an opportunity to participate in the preparation of the proposed development plan or infrastructure corridor plan. Notice (2) When a proposed development plan or corridor infrastructure plan has been prepared, the Minister shall ensure that, (a) notice is given informing the public of the pro- posed plan, indicating where a copy of the plan to- gether with a summary of the background studies used in the preparation of the plan can be examined and inviting written submissions on it within such period of time as is specified by the Minister; and d'infrastructure concemant, en totalitd ou en partie, une infrastructure de transport, le ministre des Transports, en consultation avec le ministre, fait faire ce qui suit: a) proc6der h la conduite d'un examen.et un relev6 des conditions environnementales, physiques, so- ciales et 6conomiques qui ont une incidence sur tout ou partie de la zone de planification; b) proc6der & l'61aboration d'un plan de couloir d'infrastructure propos6 pour tout ou partie de la zone de planification, dans un d61ai de deux ans ou dans tout autre d61ai que le ministre des Transports, en consultation avec le ministre, estime appropri6. Loi sur les dvaluations environnementales (5) I1 est entendu que l'6tablissement d'une zone de planification de l'amdnagement ou d'une zone de planifi- cation de couloir d'infrastructure et l'61aboration d'un plan d'am6nagement ou d'un plan de couloir d'infra- structure ne sont pas des entreprises au sens du paragra- phc I (1) de la Loi sur les ~valuations environnementales, bien que cette loi continue de s'appliquer h un projet d'am6nagement ou al'infrastructure particuliers dans une telle zone et que ce projet est une telle entreprise. 6. (1) L'article 3 de la Loi est modifi6 par substitu- tion de <<Un plan d'am6nagement ou un plan de cou- loir d'infrastructure>> fi <<Un plan d'am6nagement>> au d6but de l'article. (2) L'article 3 de la Loi est modifi6 par adjonction du paragraphe suivant: Plan de couloir d'infrastructurc de transport (2) Dans le cas d'un plan de coutoir d'infrastructure concemant, en totalit6 ou en partie, une infrastructure de transport, les mentions du ministre au pr6sent article sont des mentions du ministre des Transports en consultation avec le ministre. 7. L'arfiele 4 de la Loi est abrog6 et remplac6 par ce qui suit: Participation du public 4. (1) Le ministre fait en sorte que le public alt l'occasion de participer fi l'61aboration du plan d'am6na- gement ou du plan de couloir al'infrastructure propos6s. Avis (2) Lorsqu'un plan d'am~nagement ou un plan de cou- loir d'infrastructure proposes est 61abor~, le ministre fait en sorte: a) qu'un avis soit donn6 pour informer le public du plan propos6 et de l'endroit oh il peut en examiner une .c,op~e, ainsi qu'un r6sum6 des 6tudes qui ont serv~ a son 61aboration, et l'inviter h pr6senter des observations 6crites concernant ce plan dans le d6- lai fix6 par le ministre; 182 LOI DE 2003 SUR UN SYSTI~ME INTELLIGENT DE TRANSPORT (b) each municipality or planning board having juris- diction over the development planning area or in- frastructure corridor planning area and any munici- pality or planning board for a planning area which abuts the area is consulted with respect to the con- tents of the proposed plan and is invited to make written submissions within such period of time as is specified by the Minister. Confer (3) The Minister may confer with any person or public body that the Minister considers may have an interest in the proposed plan. Modifications (4) If, after considering the submissions received, modifications to the proposed plan appear desirable to the Minister, the Minister may, (a) cause notice to be given informing the public of the proposed modifications; (b) provide an opportunity to the public to make writ- ten submissions in respect of the proposed modifi- cations; and (c) provide municipalities or planning boards having jurisdiction over the development planning area or infrastructure corridor planning area and munici- palities or planning boards for a planning area abutting the area with a copy of the proposed modifications, and an opportunity to make written submissions in respect of them. Same (5) After considering the submissions received under subsection (4), the Minister may make such modifications to the proposed plan as the Minister considers desirable. Submission to Cabinet (6) After considering the submissions and comments received, the Minister may submit the proposed plan, a summary of the submissions and conmnents made and his or her recommendations on the plan to the Lieutenant Governor in Council. Approval of plan (7) The Lieutenant Governor in Council may approve the plan in whole or in part or may approve it with such modifications as the Lieutenant Governor in Council con- siders desirable, and the development plan or infrastruc- ture corridor plan comes into effect on the day specified by the Lieutenant Governor in Council. Revocation of plan (8) The Minister may, with the approval of the Lieu- tenant Governor in Council, by order revoke the plan on b) que le contenu du plan propos6 fasse l'objet de consultations avec chacune des municipalit6s ou chacun des conseils d'am6nagement qui exerce une comp6tence sur la zone de planification de l'am& nagement ou la zone de planification de couloir d'infrastmcture et avec les municipalit6s ou les conseils d'am~nagement qui exercent une compe- tence sur une zone d'am6nagement attenante & la zone, et que ces municipalit~s ou conseils soient invitds h presenter des observations 6crites portant sur ce plan dans le d~lai pr~cis~ par le ministre. Consultations (3) Le ministre peut consulter les personnes ou orga- nismes publics que le plan propos~ pourrait h son avis int~re.sser. Changements (4) Si, apres examen des observations regues, des changements au plan propos~ lui paraissent souhaitables, le ministre peut: a) hire donner un avis pour informer le public des changements proposes; b) fournir au public l'occasion de pr6senter des ob- servations ~crites concernant les changements pro- pos6s; c) remettre une copie des changements propos6s aux municipalit6s ou aux conseils d'am6nagement qui exercent une comp6tence sur la zone de planifica- tion de l'am6nagement ou la zone de planification de couloir d'in£rastmcture et aux municipalit6s ou aux conseils d'am6nagement qui exercent une comp6tence sur une zone d'an~dnagement attenante fi la zone, et leur foumir l'occasion de prdsenter des observations 6crites concernant ecs change- ments. Idem (5) Apres examen des observations regues en applica- tion du paragraphe (4), le ministre peut apporter au plan propos~ les changements qu'il estime souhaitables. Presentation du plan au Conseil des ministres (6) Apres examen des observations et commentaires regus, le ministre peut presenter au lieutenant-gouvemeur en conseil le plan propose, un r~sum~ des observations et des commentaires, ainsi que ses recommandations ~t l'~gard du plan. Approbation du plan (7) Le lieutenant-gouverneur en conseil peut approuver le plan, en totalit~ ou en pattie, ou y apporter les change- ments qu'il considbre souhaitables et l'approuver ainsi modifi~. Le plan d'am~nagement ou le plan de couloir d'infrastmcture entre en vigueur le jour que precise le lieutenant-gouvemeur en conseil. R6vocation du plan (8) Sous r6serve de l'approbation du lieutenant- gouverneur en conseil, le ministre peut, par arr~t6, r6vo- SMART TRANSPORTATION ACT, 2003 183 the day specified in the order and the order shall be filed in accordance with section 5. Transportation infrastructure corridor plan (9) Where the plan is an infrastructure corridor plan that involves, in whole or in part, transportation infra- structure, the references in this section to the Minister shall be read as references to the Minister of Transporta- tion, in consultation with the Minister. 8. (1) Subsection 6 (1) of the Act is repealed and the following substituted: Amendment to plan (1) An amendment to any development plan or infra- structure corridor plan may be initiated by the Minister or on application to the Minister by any person or public body. (2) Subsection 6 (7) of the Act is amended by strik- ing out the portion before clause (a) and substituting the following: Action by Minister (7) If the Minister initiates an amendment to a devel- opment plan or infrastructure corridor plan or receives an application to amend a development plan or infrastructure corridor plan that has not been refused under subsection (5) or (6), the Minister shall, (3) Section 6 of the Act is amended by adding the following subsection: Transportation infrastructure corridor plan (10) Where the application is for an amendment to an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in sub- sections (1), (4), (6), (7), (8) and (9) to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister. 9. Section 7 of the Act is amended by adding the following subsection: Transportation infrastructure corridor plan (5) Where the plan under consideration is an infra- structure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister. 10. Section 8 of the Act is amended by adding the following subsection: Transportation infrastructure corridor plan (3) Where the plan under consideration is an infra- structure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister. 11. Section 9 of the Act, as amended by the Statutes of Ontario, 2002, chapter 17, Schedule F, Table, is quer le plan le jour qu'il precise dans l'arr~t~. Ce demier est d6pos~ conform~ment ~t l'article 5. Plan de couloir d'infrastructure de transport (9) Si le plan est un plan de couloir d'infrastructure qui concerne, en totalit6 ou en partie, une infrastructure de transport, les mentions du ministre au present article sont des mentions du ministre des Transports en consultation avec le ministre. 8. (1) Le paragraphe 6 (1) de la Ltl est abrog~ et remplac~ par ce qui suit: Modification du plan (1) Le ministre peut d~cider de modifier le plan d'am~nagement ou le plan de couloir d'infrastructure, de sa propre initiative ou ~, la demande d'une personne ou d'un organisme public. (2) Le paragraphe 6 (7) de la Loi est modifi~ par substitution de ce qui suit au passage qui precede l'alin~a a): Action du ministre (7) S'il d~cide d'apporter une modification ~ un plan d'am~nagement ou ~t un plan de couloir d'infrastructure, de sa propre initiative ouh la suite d'une demande qui n'a pas fait l'objet d'un refus aux tennes du paragraphe (5) ou (6), le ministre fait en sorte: (3) L'article 6 de la Loi est modifi6 par adjonction du paragraphe suivant: Plan de couloir d'infrastructure de transport (10) Si la demande vise la modification d'un plan de couloir d'infrastructure concemant, en totalit~ ou en par- tie, une infrastructure de transport, les mentions du minis- tre aux paragraphes (1), (4), (6), (7), (8) et (9) sont des mentions du nfinistre des Transports en consultation avec le ministre. 9. L'article 7 de la Ltl est modifi~ par adjonction du paragraphe suivant: Plan de couloir d'infrastructure de transport (5) Si le plan en question est un plan de couloir d'infrastructure qui concerne, en totalit~ ou en partie, une infrastructure de transport, les mentions du ministre au present article sont des mentions du ministre des Trans- ports en consultation avec le ministre. 10. L'article 8 de la Ltl est modifi~ par adjonetion du paragraphe suivant: Plan de couloir d'infrastructure de transport (3) Si le plan en question est un plan de couloir d'infrastructure qui conceme, en totalit6 ou en partie, une infrastructure de transport, les mentions du ministre au pr6sent article sont des mentions du ministre des Trans- ports en consultation avec le ministre. 11. L'article 9 de la Loi, tel qu'il est modifi6 par le tableau de l'annexe F du chapitre 17 des Lois de 184 LOI DE 2003 SUP. UN SYSTI~ME INTELLIGENT DE TRANSPORT ' amended by adding the following subsection: Transportation infrastructure corridor plan (8) Where the plan under consideration is an infra- structure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister. 12. Section 10 of the Act is amended by adding the following subsection: Transportation infrastructure corridor plan (3) Where the matter referred to the Ontario Municipal Board is in respect of a proposed amendment to an infra- structure corridor plan that involves, in whole or' in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister. 13. Section 11 of the Act is amended by striking out "the Minister" and substituting "the Minister, or in the case of a proposed amendment to an infrastruc- ture corridor plan that involves, in whole or in part, transportation infrastructure, the Minister of Trans- portation, in consultation with the Minister". 14. Section 12 of the Act is repealed and the follow- ing substituted: Notice of decision 12. (1) The Minister shall forward a copy of his or her decision to the clerk of each municipality and secretary- treasurer of each planning board having jurisdiction over the area covered by the proposed amendment and of any municipality or planning board for a planning area which abuts the area, the parties to the hearing and such other persons or public bodies as the Minister may determine. Transportation infrastructure corridor plan (2) Where the proposed amendment is to an infrastruc- ture corridor plan that involves, in whole or in part, trans- portation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister. Decennial review of infrastructure corridor plan 12.1 (1) The Minister shall cause a review of every infrastructure corridor plan that is in effect and is filed or lodged under section 5 to be undertaken not later than the latest of, (a) the tenth anniversary of the date the plan came into effect; (b) the tenth anniversary of the date the Minister gave a notice of confirmation under subsection (4) after the most recent review completed under this sec- tion; and i'Ontario de 2002, est modifi6 par adjonction du para- graphe suivant: Plan de couloir d'infrastructure de transport (8) Si le plan en question est un plan de couloir al'infrastructure qui conceme, en totalit6 ou en pattie, une infrastructure de transport, les mentions du ministre au prdsent article sont des mentions du ministre des Trans- ports en consultation avec le ministre. 12. L'article 10 de la Loi est modifi6 par adjonction du paragraphe suivant: Plan de couloir al'infrastructure de transport (3) Si la question renvoy6e ~t la Commission des affai- res municipales de l'Ontario porte sur une modification propos6e h un plan de couloir d'infrastructure concemant, en totalit6 ou en partie, une infrastructure de transport, les mentions du ministre au pr6sent article sont des mentions du ministre des Transports en consultation avec le minis- tre. 13. L'article 11 de la Loi est modifi6 par substitu- tion de <<lc ministre ou, dans le cas d'une modification propos6e h un plan de couloir d'infrastructure concer- nant, en totalit6 ou en pattie, une infrastructure de transport, le ministre des Transports, en consultation avec le ministre,>> ~ <de ministre>>. 14. L'article 12 de la Loi est abrog6 et remplac6 par ce qui suit: Avis de la d6cision 12. (1) Le ministre fait parvenir une copie de sa ddci- sion au secr6taire de 6haque municipalit6 et au secr6taire- tr6sorier de chaque conseil d'amdnagement qui ont eom- p6tence sur la zone visde par la modification propos6e et au secr6taire de toute municipalit6 ou au secr6taire- tr6sorier de tout conseil d'am6nagement qui a comp6tence sur une zone d'amdnagement attenante ~t cette zone, aux parties & l'audience et aux autres personnes ou organis- mes publics que d6termine le ministre. Plan de couloir d'infrastructure de transport (2) Si la modification propos6e touche un plan de cou- loir d'infrastructure qui conceme, en totalit6 ou en partie, une infrastructure de transport, les mentions du ministre au pr6sent article sont des mentions du ministre des Transports en consultation avec le ministre. Examen d6cennal du plan de couloir al'infrastructure 12.1 (1) Le ministre fait effectuer, au plus tard le der- nier en date des jours suivants, un examen de chaque plan de couloir d'infrastructure en vigueur qui est d6pos6 ou conserv6 en application de l'article.5: a) le dixi~me anniversaire de la date de l'entr6e en vigueur du plan; b) le dixibme anniversaire de la date de la remise par le ministre d'un avis de confirmation en applica- tion du paragraphe (4) apres le dernier examen termin6 en application du pr6sent article; SMART TRANSPORTATION ACT, 2003 185 (c) the tenth anniversary of the date of the most recent amendment to the plan approved by the Minister after initiating that amendment under clause (3) (c). Terms of reference (2) The Minister shall establish terms of reference for the review and the review shall be conducted in accor- dance with the terms of reference. Minister to confirm, revoke or amend plan (3) Upon the completion of the review, the Minister shall, (a) confim~ the plan; (b) revoke the plan, by order, with the approval of the Lieutenant Governor in Council, on the day speci- fied in the order; or (c) initiate amendments to the plan under section 6. Notice (4) The Minister shall forward a copy of his or her decision under subsection (3) to the clerk of each munici- pality and secretary-treasurer of each planning board hav- ing jurisdiction over the infrastructure corridor planning area covered by the plan reviewed under this section and of any municipality or planning board for a planning area which abuts the infrastructure corridor planning area. Filing of revocation order (5) An order revoking the plan shall be filed in accor- dance with section 5. Transportation infrastructure corridor plan (6) Where the infrastructure corridor plan under review involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consul- tation with the Minister. 15. (1) Subsection 15 (1) of the Act is amended by striking out "in conflict with a development plan" and substituting "in conflict with a development plan or infrastructure corridor plan". (2) Subsection 15 (2) of the Act is amended by strik- ing out "development plan" at the end and substitut- ing "development plan or infrastructure corridor plan". (3) Section 15 of the Act is amended by adding the following subsection: Transportation infrastructure corridor plan (5) Where the conflict is with an infrastructure corridor plan that involves, in whole or in part, transportation in- frastructure, the references in this section to the Minister shall be read as references to the Minister of Transporta- tion, in consultation with the Minister. c) le dixi~me anniversaire de la date de la demi~re modification que le ministre a apport6e au plan de sa propre initiative en application de l'alin6a (3) c) et qu'il a approuv6e. Param~tres (2) Le ministre 6tablit les param~tres de l'examen qui est effectu6 conform6ment h ceux-ci. Confirmation, r6vocation ou modification du plan par le ministre (3) Lorsque l'examen est terrain6, le ministre, selon le cas ' a) confirme le plan; b) sous r~serve de l'approbation du lieutenant- gouverneur en conseil, r~voque le plan par arrat~ le jour qu'il precise dans ce dernier; c) modifie le plan de sa propre initiative en verm de l'article 6. Avis (4) Le ministre fait parvenir une copie de la d~cision qu'il prend en vertu du paragraphe (3) au secr6taire de chaque municipalit~ et au secr~taire-tr~sorier de chaque conseil d'am~nagement qui ont competence sur la zone de planification de couloir d'infrastructure vis6e par le plan examin~ en application du present article et au secr~taire de toute municipalit~ ou au secr~taire-tr~sorier de tout conseil d'am6nagement qui a competence sur une zone d'am~nagement attenante/t cette zone. D6p~t de l'arrf~t6 de r6vocation (5) L'arrat6 qui r6voque le plan est d6pos6 conformd- ment h l'article 5. Plan de couloir d'infrastructure de transport (6) Si le plan de couloir al'infrastructure qui fait l'objet d'un examen conceme, en totalit6 ou en partie, une infra- structure de transport, les mentions du ministre au pr6sent article sont des mentions du ministre des Transports en consultation avec le ministre. 15. (1) Le paragraphe 15 (1) de la Loi est modifi6 par substitution de <<incompatible avec un plan d~am6- nagement ou un plan de couioir d'infrastructure>> h <<incompatible avec un plan d'am6nagement>>. (2) Le paragraphe 15 (2) de la Loi est modifi6 par substitution de <<au plan d'am6nagement ou au plan de couloir d'infrastructure>> h <<au plan d'am6nage- ment>> ~ la fin du paragraphe. (3) L'article 15 de la Loi est modifi6 par adjonction du paragraphe suivant: Plan de couloir d'infrastructure de transport (5) En cas d'incompatibilit6 avec un plan de couloir d'infrastructure concernant, en totalit~ ou en partie, une infrastructure de transport, les mentions du ministre au pr6sent article sont des mentions du ministre des Trans- ports en consultation avec le ministre. 186 LOI DE 2003 SUR UN SYSTI~ME INTELLIGENT DE TRANSPORT 16. The Act is amended by adding the following section: Limitations on remedies 20.1 (1) NO cause of action arises as a direct or indi- rect result of, (a) the enactment or repeal of any provision of this Act; (b) the making or revocation of any provision of the regulations; or (c) anything done or not done in accordance with this Act or the regulations. No remedy (2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything re- ferred to in clause (1) (a), (b) or (c). Proceedings barred (3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything re- fenced to in clause (1) (a), Co) or (c) may be brought or maintained against any person. Same (4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the day the Smart Transporta- tion Act, 2003 receives Royal Assent. Proceedings set aside (5) Any proceeding referred to in subsection (3) com- menced before the day the Smart Transportation Act, 2003 receives Royal Assent shall be deemed to have been dismissed, without costs, on that day. No expropriation or injurious affection (6) Nothing done or not done in accordance with this Act or the regulations constitutes an expropriation or inju- rious affection for the purposes of the Expropriations ,4ct. Person defined (7) In this section, "person" includes, but is not limited to, (a) the Crown and its employees and agents, (b) members of the Executive Council, and (c) municipalities and their employees and agents. 16. La Loi est modifi6e par adjonction de Particle suivant: Restrictions quant au recours 20.1 (1) Aucune cause al'action ne r6sulte, directement ou indirectement: a) soit de l'6diction ou de l'abrogation d'une disposi- tion de la pr6sente loi; b) soit de la prise ou de l'abrogation d'une disposition des r~glements; c) soit de quoi que ce soit qui est fait ou n'est pas fait conform6ment h la prdsente loi ou aux r6glements. Aucun recours (2) Aucuns frais, indemnit6s ni donmmges-int6r~ts ne sont exigibles ni payables ~ quelque personne que ce soit et aucune personne ne peut se pr6valoir d'un recours, notamment un recours contractuel ou un recours en res- ponsabilit6 d61ictuelle, en restitution ou en fiducie, par suite, m~me indirectement, de quoi que ce soit qui est vis6 ~t l'alin6a (1) a), b) ouc). Irrecevabilit6 d'une instance (3) Est irrecevable l'instance, notamment l'instance en responsabilit6 contractuelle ou d61ictuelle, celle fond6e sur une fiducie ou celle en restitution, qui est introduite ou poursuivie contre quelque personne que ce soit et qui, soit directement ou indirectement, se fonde sur quoi que ce soit qui est vis6 h l'alin~a (1) a), b) ou c), ou s'y rap- porte. Idem (4) Le paragraphe (3) s'applique, que la cause d'action sur laquelle l'instance se pr6sente comme 6tant fond~e ait pris nmssance avant ou apres le jour off la Loi de 2003 sur un syst~me intelligent de transport refoit la sanction royale. Rejet d'une instance (5) L'instance vis6e au paragraphe (3) qui est intro- duite avant le jour off la Loi de 2003 sur un systgme intel- ligent de transport re¢oit la sanction royale est r6put6e avoir 6t6 rejet6e, sans d6pens, ce jour-l~t. Ni expropriation ni effet pr6judiciable (6) Aucune mesure prise ou non prise conform6ment h la pr6sente loi ou aux r~glements ne constitue une expro- priation ou un effet pr6judiciable pour l'application de la Loi sur l' expropriation. D6finition de (<personne>~ (7) La d6finition qui suit s'applique au pr6sent article. <<personne>> S'entend notanunent de ce qui suit: a) la Couronne ainsi que scs employ6s et mandataires; b) les membres du Conseil ex6cutif; c) les municipatit6s ainsi que leurs employ6s et man- dataires. 187 10 SMART TRANSPORTATION ACT, 2003 17. The Act is amended by striking out "develop- ment plan" wherever it appears in the following pro- visions and substituting in each case "development plan or infrastructure corridor plan": 1. Subsections 5 (1) and (2). 2. Section 13. 3. Section 14. 4. Subsections 16 (1) and (2). 5. Subsection 17 (1). 6. Section 18. 7. Subsections 19 (1) and (2). 8. Section 20. 9. Section 21. PLANNING ACT 18. Subsection 51 (25) of the Planning Act, as en- acted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by adding the following clause: (b.1) that such land be dedicated for commuter parking lots and infrastructure related to commuter parking lots for the use of the general public using high- ways, as the approval authority considers neces- sary; PUBLIC TRANSPORTATION AND HIGHWAY IMPROVEMENT ACT 19. Subsection 26 (3) of the Public Transportation and Highway Improvement Act is repealed and the fol- lowing substituted: Regulations (3) The Lieutenant Governor in Council may make regulations prohibiting or regulating the use of any com- muter parking lot or of any rest, service or other area or any class or classes thereof constructed, maintained or operated under subsection (1), but no such regulation shall affect the operation of any agreement entered into by the Crown as represented by the Minister with respect to a service area except to the extent that the other party to the agreement consents thereto. 20. Section 117 of the Act, as enacted by the Stat- utes of Ontario, 1996, chapter 1, Schedule M, section 68, is amended by adding the following subsections: Regulations to create corporations (2) The Lieutenant Governor in Council may by regu- 17. La Loi est modifite par substitution de <<du plan d'amtnagement ou du plan de couloir d'infrastruc- ture>>, de <de plan d'amtnagement ou le plan de cou- loir d'infrastructure>>, de <<un plan d'amtnagement ou un plan de couloir d'infrastructure>>, de <<au plan d'amtnagement ou au plan de couloir d'infrastruc- ture>> ou de <<d'un plan d'amtnagement ou d'un plan de couloir d'infrastructure>>, h <<du plan d'amtnage- ment>>, <<lc plan d'am6nagement>>, <<un plan d'am6- nagement>>, <<au plan d'am6nagement>> et <<d'un plan d'am6nagement~> partout oh figurent ces termes dans les dispositions suivantes: 1. Les paragraphes 5 (1) et (2). 2. L'article 13. 3. L'article 14. 4. Les paragraphes 16 (1) et (2). 5. Le paragraphe 17 (1). 6. L'article 18. 7. Les paragraphes 19 (1) et (2). 8. L'arficle 20. 9. L'article 21. LOI SUR L~AM~NAGEMENT DU TERRITOIRE 18. Le paragraphe 51 (25) de la Loi sur l'amdnage- ment du territoire, tel qu'il est 6dict6 par Particle 30 du chapitre 23 des Lois de l'Ontario de 1994, est modifi6 par adjoncfion de l'alin6a suivant: b.1) que les terrains soient affect6s h des parcs de sta- tionnement pour navetteurs et fi l'infrastructure qui s'y rapporte ~t l'usage des membres du public qui utilisent les voles publiques, selon ce que l'autorit6 approbatrice estime n6cessaire; LOI SUR L'AMgNAGEMENT DES VOLES PUBLIQUES ET DES TRANSPORTS EN COMMUN 19. Le paragraphe 26 O) de la Loi sur l'amdna- gement des voies publiques et des transports en commun est abrog6 et remplac6 par ce qui suit: R~glements (3) Le lieutenant-gouverneur en conseil peut, par r~- glement, interdire ou rtglementer l'usage d'un parc de stationnement pour navetteurs ou d'une aire, notamment de service ou de repos, ou de cattgories de ceux-ci cons- truits, entretenus ou en service conformtment au paragra- phe (1). Un tel r~glement n'a aucune incidence sur l'application d'un accord conclu par la Couronne, que reprtsente le ministre relativement h une aire de service, sauf dans la mesure off l'autre pattie h l'accord y consent. 20. L'article 117 de la Loi, tel qu'il est 6dict6 par l'article 68 de l'annexe M du chapitre 1 des Lois de I'Ontario de 1996, est modifi6 par adjonction des pa- ragraphes suivants: Ri~glements crtant des personnes morales (2) Le lieutenant-gouverneur en conseil peut, par 188 LOI DE 2003 SUR UN SYSTgME INTELLIGENT DE TRANSPORT 11 lation constitute' corporations to develop and implement or oversee the implementation of policies and strategies related to public transit services with such powers and duties as are considered conducive to the attainment of the objects of the corporation and provide for its constitu- tion and management. Crown agency (3) A corporation constituted by a regulation made under subsection (2) is a Crown agency within the mean- ing of the Crown Agency Act. Same (4) Without limiting the generality of subsection (2), a regulation made under subsection (2) may require any person, including a municipality or a transit authority, to participate in the activities or financing of a corporation established under the regulation. COMMENCEMENT AND SHORT TITLE Commencement 21. This Act comes into force on the day it receives Royal Assent. Short title 22. The short title of this Act is the Smart Transpor- tation Act, 2003. glement, cr6er des personnes morales charg6es de l'61aboration et de la raise en oeuvre ou de la supervision de la raise en oeuvre des politiques et des strat6gies rela- tives aux services de transport en commun, leur attribuer les pouvoirs et fonctions qu'il estime de nature h favoriser la r6alisation de leurs objets et pourvoir h leur constitution et h leur gestion. Organisme de la Couronne (3) La personne morale cr66e par un r~glement pris en application du paragraphe (2) est un organisme de la Cou- ronne au sens de la Loi sur les organismes de la Cou- ronne. Idem (4) Sans pr6judice de la port6e g~n6rale du paragraphe (2), un r~glement pris en application de ce paragraphe peut exiger qu'une personne, y compris une municipalit6 ou une r6gie de transports en commun, participe aux acti- vit6s ou au financement de la personne morale qu'il cr~e. ENTRI~E EN VIGUEUR ET TITRE ABRI~GI~ Entr6e en vigueur 21. La pr6sente loi entre en vigueur le jour off elle regoit la sanction royale. Titre abr6g6 22. Le titre abr6g6 de la pr6sente loi est Loi de 2003 sur un systbme intelligent de transport. COURT FILE NO.: 95-CV-235421CN[I DA.TE: 20030714 SUPERIOR COURT Ol~ JUSTICE - ONTARIO BEFORE: COUNSEL: Ontario Re~ty Corporation and Her Majesty/he Queen, In R/ght of Omar/o, As Represented by 0ac Chair of the M~g~nt Bo~d of Cabinet v. David Rob~ S~or~ Ju~ O'Cormell Michael Miller, for the apptie~t~ (defendants) Robert Mimes, for the respondent ~l~ti~ HEARD: March 25, 2003 ENDORSEMENT (1] The iefendant applic~ts, thc Ontario Rea/tv Corporation ("ORC") and Her Majesty the Queen, tn Right of Ont~o, ~ represented by the ~hair of the Mmaagement Board of Cabinet, bring thi~ application for a declaration ih~ the summons issued by Justice of the Peace Donovan Robirmon on July 23, 2002 (the ~'Summom"), be qumhed and declared null a~cl void. The applicants also seek an order abridghag the time for s~vice of thdr notSce of application pursuant to Rules 2 ~d 3 oft_he ~ule~ of Civil Procedure, R.R.O. 1990, Reg. 194 and ~.n order vEidatkat~ service oft. heir notice of application in ~corda.nce with Rule 16. [2J The Summor~ was /,sued atSer David Rober~ Sa~ford laid ~a information (~e "Ir~orm~ttion'''') before Robinson J.P., in which he swore that he had reasonable and probably grounds to believe that *.he ORC, on or abou~ July 2~~d, committed the offence of "failhag to conduct a proper environmental ~sessment before disposing of a property of Parts 24, Plan ~55R-24320, be/rig Part of Lois !, 2, and 3, Concession 10, Town of Markham" (the "Property.") conlJ'ary to s. 38 of the Erzv~ronmentat.,tx~e~mcnt The facts leading up to thc hying of this ~forrnation are described in grea~er dotal below, but essentially the appl/cant~ ~abrnit that the Summons w~ improperly i,sued and amounts to an abuse ofproces.q that shoUtel be quashed. 190 P~¢: 2 PRELIM!N.4.RY PROCEDURA~ M.A~Ep~ [3] With respect to procedural matters/nclud/ng fim~, s~cc, ~ te~tofi~ j~efion of · ~ co~ to he~ ~s application, ~ee~ng ~d~ ~e pen~ p~sion of ~e E~ ~d a lack of dctaiI m~ing the all~gcd off, ce in ~e ~fo~afion, I ~ of fl~e opirdon ~ ~y ~h ~e~l~fies may be c~e.d by ~m~nt or m ord~ for p~cuI~s. ~ af the comrt wf~ r~t to Rules 2 md 3 h~ been cle~ly established over would not be in ~e int~es~ of ju~iac to ~et ~idc or delay ~e.se pmc~gs from moving fo~'~d on their ~ me, ts b~au$o ofth~ [4] As ~ ~f~tion w~ l~d ~d th~ Smon~ ~ued ~dcr ~he ~ovincial ~ncea Act, R.S.O. 1990; c. P.33. ~OA], ~c applican~ bring ~cir ~plicat/on to qu~h · ~'POA or, ~ ~e ~ve, s. 36 of~c PO~ S~fion 36 of~c POA a moff~ to q~h ~ info--on or ce~ficate for a "defect app~ent an ils f~": 36 (~). ~ obj~tion to m ~o~atfon or ~fi~at~ for a defect app~ent an its f~e ~h~ be t~m by motion to quash · nfomati~ or c~aific~te before ~ ~fendmt h~ pleaded, md thcre~ only by leaw of~c co~. (2). The ca~ sha~ not quash ~ ~ffo~affon or zmifizste an ~m~ent or p~icul~s ~d~ section 33, 34 or 35 would f~l to safis~ ~e ~ds of justice. [5~ According to th~ d~fi~fions pm~dad in s. 1(1) of tim POA, ~ow~vcr, ~ word "co~" in tMs ~zfion me~s ~ Onto ~m of Justice, not ~e $~or Com. h 36 falls ~det P~ W of ~e POA, which ~eals ~ ~e "~ ~d ~cntcncing" of provinci~ offices, it is c]c~ that a motion to qu~ ~der ~s section would have provincial co~ sefz~ of~e prosecution. [6] Sub~ecfion 140(I) ef~e POA, an ~a o~ hind, stazes: 1~.(I) ~ ~pli~fio~ ~e Sup~or Co~ of Jus~ce may by ~t ~y mb.~f~ ~t ofma~ ~s~g ~d~r ~s Act ~at ~ppliz~t would be ~fitl~ to in ~ application for ~ order ~e ofm~us, prohibit/on ar [7] To my mind, ~e distinction ~at c~ be ~a~ be~m ~e~ ~vo previsions goe~ sem~ dismc~ in address~g ~e res~ndeat's ~mt (re~ng on ~ v. Webst~, [1993] I S.C.K. 3 ~d ~ v. l~q~itmor~ (1989), 51 C.C.C. (3d) 294 (~t. C.A.)) ~at m a~liCation io qu~h its SU~ons should not be brou~t bzfore ~e Superior Co~ at ~is point. ~le pm~bnci~ corn ~e ~ofity ~ quash m iMo~afion or certificate prior def~nd~ut's plea, s. 140(1) "do~s not comer a ~t to pr~rog~ve relie~ Ka~cr, it ~vides a stamtoW basis ~o bring ~ applicafi~ for prerogaZ/ve relief" before ~e Superior Co~ of Toronto (~etro~otita~) Licensing Comm~ion ~c .~ras3 Rail T~er~ (Toronrofl Lt~ (1999), 1 M.P.L.R. (3d) 215 atp~ 15 (~t, G~. Div.) [Br~ssRaiO. ?ag~: 3 191. also P. gre¢ with 'Th~ L when he further ss. ales in t~ra~ Rail at paras. 15-16: MY inte~retation of the section is that the applicant mast sUiI a~s:~bli~.h an ent!tlem~t to m.y extraord/nary prerogative reh¢/'that ~p~nor court may properly grant in r~lation to a matt~ before an interior court. Generally, such prerogative relief is only available flora a sup~vi~o~ or review/ag court where th~ i~or court has acted outside its jufiMic~on. Ev~ in ~e ev~t of j~ction~ e~r, r~cf does not ~ue ~ of fi~(. It ~m~ns ~ discr~tion~ r~edy. As Hould~n LA. ~tated ~ ~e ex~adJfion c~c, Re Unit~ '$mt~ of ~a ~d S~ (I984), 10 C,C.C. (3d) 540 (~t. C.A.) ~ 563: C~orari and proh/bition will undoubmdly lie ageJnst a eo~ty ~j~go ~ng as ~ ox~a~tion judge, if he co~ ~ o~or going to jm~sdicfion, N~ve~eless, c~or~ . ~d prohib~fi,on being di~mtion~ ~ies, a ~pefior cou~ should re,sc to issue ~em where o~ [9] h ~e D~ranee~co and M[adendoff (i997), 3~ O.R, (3d) 464 (G~. b~v.), O'Dffscvll o~]s caun ~d ~ applica6on ~o qu~ a smons p~s~t PeA, on ~ b~is th~ jusffc~ at ~ peace ~uld not ~ve be~ satisfied ~t ~= applicmt h~d ~y evid~n~ ~at was m~tefial, rel~v~t or n~ess~f to ~ proceedings. L~w~s~, (~in~t~ of Labor) ~. Intraco~ Dev~lo~ment~ ~ombard) ~ne., ~2002] OJ. Ne. 1209 (Sup. Ct.) [Intraco~],/~6ce .~chib~d ~o ~tcd ~ application for cznior~ ~g~nst a ~us~ce of P~'~ Vrd~x for costs w~en ~ ZP. cl~ly did not ~ve ~e j~sdizfion to m~e s,~h ~ awed. [I0) ~ li~t or,ese cas=s ~d ~e wording of s. !40(1), I ~ satisS~d that ~ application for pr~ve re~ to q~ a smom i~ ~der ~c PO~ may b~ ~t~lly brou~t before · e SupPer Ca~ of ~m~c~ at ~ sm~ in ~e p~cee~n~ ~ ~e appli~fion will succ~ on its me~, on ~e o~ h~d, ~s a ~ff~t maaer. To ad&~ss ~at the b~k~d tac.t~ of~is c~e md th~ to the applicable BACKGROUND FACTS [11] The ORC is an agent o£ the Management Board Secretariat ("MBS") of the provincial govemraent aud is re~onsibI~ for the management and disposition ofl~aI Property assets oft he Province of Ontario. [12] Pursuant to Part II. 1 of the BAA, the OKC's undex~.kings are subject to their o~n class of environmental a~s~ssment approval, namely the Ctas~ Enviromvnta! Procesv for O-~C Realty Activities, O, Reg. 3540/92 [ORC Class E.4 or Regulations], which I understand ~s being or has recently been r~viseeL By the terma of~kis class approval, eligible ORC Undertakings are exempt 192' Page: 4 from the requirement of obt~/ning individual approval under the EA.A. provided Lh~t floe CRC complies w/th the ~ of its Class EA. ' [13] On March 3I, 1999, M~BS entered hate an agreement to sell the Property described above in p~agr~ph 2, which tempt/scs approximately 170 acres of land/n Markham near the Rouge River valley, to the Catholic Ccmeteries..,~u'chdiocese ofToromo ("CCAT'). [14] William Gerrard, the ORC's Gene'ml Mmuager - Envh-onment and Cultural Her/to. ge, Asset Review/Prop~ty Preparation, states in his ~i~idav~t that the CRC then proceeded to have a "Consultation and Docurnenmtion Record" for thc ?rope~-y sale prepared by an independent env~rommental e~qces ccrmp~y, consistent with/ts environm~tal assessment obligations. S report w~s rec~iYed by ~¢ OR.C on October 15, 200][. [I5] Mr. C~rmrd fu~er ~tmcs that the cansuIta~on process associat~l wkh the environmemal s~zssment lcd to ~e development of a "consensus" ~nongst stakeholders regarding ese ~vironmen.ml features of the Property, According to Mr. Gerrard, these sta~mholde~s included the Min/s~ry of Natur~l Resources, the Town of Markham, ~he' Toronto and Kegion Conservation Authority ("TRCA"), the Kouge Park AlIiance, and other groups and individu~s. /¥h'. Gerrard states that the Rouge Pm-k Alliance comprises representatives from mu.~cip~lffies, provinci~ fo, de. al g~vernrn~n~. ~cud other ~t~keholde~ i~clud~n~ ~ .nv~.~m'~ent~l ~'oup, ~ave *.he V~l~ey Systems/nc. ("~sve th~ Roug~'). [16~ Follow~Lug tile consultation proce~ ~e OKC smd ?RCA n~go~atefl four conservation essmn~t and r~s~ct/ve protection ¢ovenan~ sgreemen~s to addre~ certain env/ro.~nental features, A~.cordmg to the Mr. Oerrard, these protection agreements were re, secret on the title of the Property before i* wa~ conv~yed to CCAT. [t7] The CRC also retained the services of a licensed and independem archaeotog/eal consulting company to conduct a three-stage archaeological assessmmt of the Property and confa-m the existence cfa Middle Imquoiau period village on it. A, a result of these studie~ Mr. Gerrard states th~.t the CRC requested that CCAT md the Ontario Heritage Foundation enter Lute an archaeological resources protectioa agreement to protect and preserve the ~rchaeologicaI resources located on thc Pmtx~y. This protect/on agreement was also registered on the title on July 16, 2002. [lfg] In addition to the archaeolog/c~ resources protection a~eera~t, the CRC has also secured a heritage agreement wi~h respect to built her/rage feature~ and resources on the property. This agreement was negotiated between CCAT and the Town of Markha.m. [19] The sale oft_he property closed on March 28, 2002. [20J Despite Mr. Gerrard's assertion that the CRC h~ complied with i~s legal requirements through a positive and constructive d/alogue and consultation process, and that the env/ronmental rearm-es, arc.haeolog/cal and herbage resom-ces on the Property have been protected by agreements reg/stered on title, both sets of submissions suggest that opposition to the sa/e has been persistent t2~roughout much of the sale pincer. P~ge: 5 193 [21] On October 25, 2000, for i~ta~c¢, during ~he course' of the ORC's enVh-oumcnml assessment process, two *nv/ronmentat groups submitted "bump-up:' r,qucsts to the Ivlin/ster of the Environment Both the C~uadian Env/ronmenta/ De£ence Fund (now known Environmental Defence Canada ("EDC")) and Save the Rouge requested that the Min/ster upgr~e the environmental assessment for the Property from a Category "B" assessment to a more rigorous procedure, which they submit wa~ required by the ORC, Class [22J The M/nist~r of thc Environment refused these requests on May 3, 2001. Ac, coMing to Mr, Oe~rard, thc Mhulstc~r's reasons/'or this refusal stated, % decision has been made that an individual assessment is not warc~ted at this time." [23] In February 200I, EDC and Save the Rouge made aa application under s. 74 o£ thc Emqro~ Bill oft~iglzts, fPP3, S.O, 1993, c. 28 [EBR.] alleging that the OKC had sold environmentally significant lands in several areas, without adequately fulfilling the requirements of thc Re~alations. Tb/s application prompted an investigation of th.~ matter by the Ministry of the Environment. [24] Although Lhe Miafstry's EBK investigation ultimately did not ~ow that the ORC had conducted ~e ~w'ong ca~egow of ~s~smmt ~or' to ~ s~le of ~e Pr~, ~s investigation w~ not complezed -~tiI September 27, 2002. According to ~ Mi~s~'s EBR investigation su~,, howard, thc EBR applicants w~c no.cA oft~s dclay~d r~o~ng datz et ~ <doC M~y, 2002. ~ invesffg~ion s~ ~so s~tcs th~ ~e d~lny w~ p~ia~y atMbutablc to ~e ~o Publi~ S~ice Employees Union l~o~ disput~ ~ 2002 ~d a lack ofresponse ~om ~e appfic~ts to a roqu~sl for Mditional infomation coac.~alng ~e precise lo=fion of ~e t~ge~ed ORC l<d$. ~. Do,city, on ~ o~er h~ sta~es ~: he only ~o~ved a c~y or,his r~o~ in g~u~ 2003. [25] On Janum'y 14, 2002, Save Ge R~uge submitted a seoond bump-up request to the Min/~ter of tho Envfromnent. Mr. Donnclly states in his affidavit that this request was mad~ as a result of a notice in the Toronto Star nev~paper notifying tl~ public that "cerneL~y. use" had been added to the existing zoning permit, which had ptevionaly only allowed the Property to be used for agrfculturaI, conservation and park uses. According to Mr. Donnelty, th.is notice £ollow~i the ORC obtaining a rc~oning order pursuant to the Planning.Act, 1LS. O. 1990, c. P. 13 on Decea-nber 1~, 2001. [26] '1~¢ Minister of the Environment refused Save the K0ug¢'s second bum u Mamh 18, 2002. According to Mr Gerrard, the basis for this d ' ' p~ ~ mque~t on ' :c~mon was that an individual enviromnental assessment w~ not warrant~t, The Minister's refiz;al letter also sta~d in tha~ the ORC had appropriately followed the requirements of the approved Category "B" planning process under the ORC Cia.rs EA and had provfded opportun/~es for public consultation, [27] In February of' 2002, Mr. Donnelly, who is the £orm~r Executive Direotor and current Legal Director of EDC, met with concerned residents ai~d environmentalists to d/scuss their concerns about the proposed sale of th, 'Property and its conversion into a cemetery. In particular, Mr. Donnelly asserts that those in attendance at th/s meet/nS were conoerned about potential contamination of the Rouge River by pathological waste seeping from buried bodies 194 into the water table. Others at the me.~ting apparently voioed con~n'zs about the development of the Property clue to its ~ulturat importance as the site of a Huron village betwe~ 1300 and 1400. [28J It was at this point that Mr. Dormelly ~tate~ that he was asked about what could be done to addre,~ thc situation and conoert~ about the perceived inadequacy of consultation a~d the potential inadequacy of the environmental assessment. · [29] Mr. Donnelly, who was not yet a qualified Iaw3'er at the time, states that hc advised a~ending ~e meeting ~ a judic/fl r~ew of ~e Mi~st~'s decision ~t not b~ ~ effective ~y after fire to ~c Pr~e~ h~ bern mmsf~ed. ~ose ~ attm~c at ~e me~iag, ac~ord~g to ~m Do,nelly, were ~s~ wh~ ~e ~f~ of title was going to t~e pIa~c or if it had akeady t~en place; [30]..Mr. Donnel!y furthor ass~ that he mggested t~t a cost-effective and efficient legal apwoa~h m/ght be to seek a private prosecution of the ORC based on non-compliance w/th ~tatutory obligations trader the EAA and ORC C/ass EA. A~er the meeting, Mr. Dormelly states that he conducted some re,earth ~1 ~scovemd what hc believed to be two br~ache~ of the Rega&~ion& namely: (!) an ~adequate analysis of the potential environmental impact of ~ cemetea-y on the Rouge River anc~ frs watershed; and (2) no conSultation with Aboriginal interests, tenant fa,-mers or environm~talist~, all directly affected group~, as r~uired by ss. 2.1.2 mad 3.2 of the 0I~C Class Ed. These provisions state as follows: 2.1.2 Category B Undertakings. ~B_ u-ndertak-in~s, co.ntact and con~uIta~on with directly affeoted par~es i~ req~ed. ~ ~ifion, a moor4 o~ eons~tafion activities, issue~ id~fi~ ~d resolved, ~d ~V ~e fora of ~ int~ file ~tklcd ~e Consultation ~d Docm~ntafion Retard, re.ed by I~S, but kept av~labIe for pubic exmi~ation ~n ~uest. If~,rc ~c obj~fions, ~ ~e mo~ficafions, a bmp-up may ~ pl~e (see S,~ion 7.3), 3.2 Various "Publics" to be Consulted h is importam to rernemb,.r that there is no single "public", but rather a number of "publics" that may wish to participate in a public consultation program. In the context of the Class EA prooe~s, p..ubtie consultation ~enera/1y entails some degree of /met'action w/th the_following public~: -- Page: 7 195 o The General Public: in6ividual members of the public who may be affected by or interested ~ a particular undertaking; Non-government Orgavdzation~ ('NGOs) and Special Interest Crroups: public ~d pr/cate intereat groups whose mandate or interest pertains to the undem.k~g; Abofiginalz: Aboriginal organizations, as well as ind/viduats, gj_th~r living in the vicinity or having, an iht.crest in the undertaldng; C. voveram~nt Review Agencies: provincial amd federal government agencies, and municipal/ties, wkich have an interext in aa undertaki.ug, ~u~or which have been designated to review EA document~on. A list of typical review agencies is i~luded in Appendix 2; and o The Citer Agency: the agency requiring the set~ees of the _MBS Realty Group. [31 ] It wa~ with re,peet to the latter of these alleged offences that 5~. Donnetly came into contact with lv[r. Saxford, the informant in tkis ca~e, who is a liaison for the Huron Wendat N~tion. The Huron Wendat Nation is appar~utly the only First Nation claimant to the village site and any human mains on the PropertT. Mr. Dormelly then proceeded to a~sist Mr. Sanford, Ms. Carro~ Oair (a tenant living on the Property) ~ud others in the prep~ation of the !:rfivate prosecution, which Mr. Sanford' laid on July 23, 2002. DISPUTE RELATING TO THE INFOR3iATION .42~D SUMMONS [32] The applicants Submit that the conduct of Mr. Sanford in initiating the private prosecution wa, ~volous, oppressiv~ ~:ad Ve×s/icu~, and ~o~t~ to ~ abus~ of process. ~ allegation focuses on ~e mvtive of ~e ~fomant ~d his ~v~e~en~ 0f ~s pmsecuffon in ~e face of re,ted ~Iio~ of~e ORC's compli~ce wi~ iB ~W ~d re~la~ obligations prior m ~ ~e of~e ~. [33] The applicant~ further submit tl~t the infomant deliberately failed to disclose mac, al information to the Justice of the Pe~ee, and that this f,~lure al~o re,ulted in an abuse of process. This .~ubm/sdon/s based on Mr. Sanford's alleged withholding of material information relating to ~e ORC'~ involvement in th~ sale of the Property from J.P. Robinson when obta/nktg the Summons. [34J ha short, the applicants allege they have fulfilled their obligations under the ORC EX, and that all of respondent's attempts to derail the sale have only s~,~rved to suppo~ the applicants' positiom As a result, the applicants submit that it wa, misleading to characterize the ORC's response to opponems' concerns as "inaction" before the J.P., mad i, an 8buse c>fproc~$ to ~eek ~u,cess now uuuc[er the POA wh~e they have failed kl the pa~t. 196 [35] Mr. Sanfotd responds to these aubmissions by arguing fi-mt ~om h~ ba~ no ab~ of process in ~ese pmeee~n~, To ~o ~on~, ~c r~po~ent sub. ts ~t ~. Do~y's ~vff descHpfon of~e Ia)~S of~e ~o~ation d~mo~tes ~e approp~e workhg p~v~e pms~ufion proced~ ~der ~e POA. To ~ ~at ~. S~ should bc b~ed ~om bfin~ng'a o~m ~d~ tho PeA is to i~ore ~ ~is is a discre~ pmee~ ~m the b~p-up r~q~es/s md EBR ~plication. ' [36] AlthOugh the trial cou.~t mlspla¢~d the tape of Mr, Sanford and Mr. Donnelly's fi~mrview w/th LP. RobLuson, the respondent submits that Mr. Donnelly's sworn testimony also es~blish~s that the informaticrn alleged by Mr. Gerrard to have been withh~Id from th~ ,LP. (especially the requests for bump-ups and the ~pplication for an investigation under the EBK) was submitted to the .I,P. and formed part of the record considered prior to the issuing of the summons. [37] Tho affidavi~ of Mr. Define!fy and ~. $~o~ ~so no t~e ~gag~ in ~e requ~ ~ultafion ~th.relev~t n~ive ~ope~. Al~ou~ ~. Ge~d clams ~t ~e ORC's ~h~olo~ eomuI~t to.ed Prope~ wi~ B~ H~s, a S~ nations B~d Co~cillor, on April 19, 200I and wi~ S~ford on April 19, 2002, ~. Dv~eIly ~sput~s fl~e cl~m v~d "~multa~on' ~in ~e me~ing of~e' O~C Class [38J First, Mr. DonneUy notes that Mr. Sanford did not meet wire ~e ORC's archaeological con~u!tant until after the sale of the Property had closed. Furthermore, there is no r~cord of any m~aning~l oonsu.ltaion having taken plac~ w/th Mr. Sanford or the Hurvn W~dat Nation in the Consultation ~-~d Doc;~m~tation Kecord. Finally, Mr. Donnelly states that Ms Harri~ is not a represe, ntafiv¢ of the relevaut' First N~tion with r~spect ~o this Property. H~ tour w~ nor g/yen as part. o£ th~ OK~'s efforts to fulfill its obligations un~ier ~he Regulation~ m'~d is not referenced in the ORC's Consultation and Documentation Rocor. [39] In short, the respondent argues tha~ he properly exercised his fight to lay an information under s. 23(I) of flee PeA and tha~ L?. RoMmon exm'eised Ms jurisdiction in acoordan~ w~th the authority ~anted by s. 2g(1) of tho PeA. These provisions stat~: 23. (1) Any person who, on reasonable and probable grounds, be'l~/es that one or more persons have comrrtitt~ ~ off.nee, ma)' lay an information in the prescribed form and under oa~ before a justice all~g~ng the offence ~md the justice shall receive the information. (2) .an in£ormafion may bc laid anywhere in Ontario, 24. (1) Ajus-~ic~ who receives an informer/on l~/d under section 23 shall eons/der the informS/on and, where he or she com[d~s it desimble to do so, he~ ~d consider in the abs~ce of ~c def~d~t ~ allegafions of ~e infonet ~d ~e evidence of (a) wh.e he or she oonsid~s that a ease for so doing is made out, 197 (i) conf'n-m ;he summons ~rv~ under zectiOn 22, if'any, (ii) issue a sammons in thc prescribed form, o: (iii) where the arrest is authorized by shamte and where tho allegations of the informant or the ~'idence satisfy the justice on reasonable and probable grounds that it is necessary in the public/ntereat to do so, issue a warrant f~>r the arrest of the defendant; or (b) where he or she considers Rat a case for i~auing process is not made out, 6) so ~ndorse the information, and (ii) where a summons was served under section 22, cancel it and cause the defendant to be so notified. [40] Haviag considered the background to tbi~ application, I turn now to the lc§al test for quash/ng a summons issued und~ the POA, AV.adLABILITY OF CERTIORA~>~ TO QUASH A SUMMONS UNDER S. 140 [41[] Certiorari is a discretionary prerogative remedy available to ~uper~Sse the Conduct of lower cf>arts only in limited circumstances, As noted by Justice Then in Sfas, Rai~, su. vra ;rust/ce A-rchibald recently stated in Intracor~, supra the standard of re,Sew for aa c~rder or eerffora.q made pm-sn~t to ~. 140 i, that ofjur/sd~etional et'mr. A~ ArchibMd J. further aote~l at para. 23, "Errors ~f law do not neeesamSly constitute ajurisdicti0nal error. There is no remecty by way of prerogative relief when an infer/or court acting within its jurisdictior~ makes an error of taw.' See .edso Ontario (Ministry of Labour) v. fvaco fnc. ¢001), 53 O.R. (3d) 575 (Sup. Ct.). [42J The applicants submit that eert/orm5 is available under s. 1,I0 of the POA to preserve order in the legal system by preventing both excesses and abuse of power: see $~. Lawr~we Cernerctlnc. ¥. Ontario (Ministry ofTrans~ortation), [t5~.91] O.J. No. 438 (Gen. Div.). They then i:~voke .~,vcml e.~ses L~volving stays of proceedings to m'gue ~ "abuse of process" ~tso proc/des a basis trpon wi'rich to quash a summom., see R; v. Jew/tt, [1985J 2 $.C.R. 128, R. v. Mites of Muzic Ltd. (1989), 74 O.R. (2d) 518 (C.A,) and ~. v. ~oger,, [1995] O.l. No. 31t4 (Gen. D~v.). An abuse &process was defined by Dick~on C.J.C. in Jewitt at 135-3'7 as arising "where compellkag an ac%sod to stand trial would violate those fundamental principles ofjustlce wh/¢h underlie the community's sense of fair play and decency." Abusive proce~ings were also described as those that were otherafse "oppressive or vexatious? Justice Diekson, however,. a/so noted that "this is a power wl~ch can be exercised only in the 'clearest of cases'." [43] Although "abuse of power" and "abuse of process" are discrete legal doctrines descr/bing somewhat different concerns for the ~dmkfislration &justice, the respondent appears to accept that certiorari m~y aisc be available to remedy an abuse of process, at least where there has been "a breach of the rules of n~tural justice by the inferior tr/bunal.' The respondent refers to 198 Saltlany, Canadian CriminaIProeedure, 6~ ed. (Aurora, Ont.: Canada Law Book. 2002) at para. 10.270 for this principle. [44.] Upon consid~ation o£ these cases, and also in light of the Supreme Court o£ C~macla's d~ision ~ ~us~anat~n v. Ca~ada (M~ister of Cia~n~Mp and ;mmi~ionJ, [ 1998] l S.C.R, 982, I ~ wil~g m a~c~pt ~at ~ abu~ ofp~ccas ~y pro~d~ ~ acc~l~ b~is upon which to qumh a s~o~ ~d i~o~ion i~med by ~ jusfi~ of ~ peace. Wi~ resp~t ~o thc pra~afic ~d ~cti~ appro~h ~cffied by ~u~ce B~he, ~d b~g ~ ~nd fha p~ose ~d ~c~on~ of ~e POA, ~e appropfi~c st~dard of r~%w ~ tMs cas~ is that of co~cmess. ~e, ~u~ of~e Pete is fo~d to have not h~ ~e leg~ au~ofiq, to ~t. thc Su~o~ or ~ br~ched ~e ~les of n~l ju~ico in doing ~, ~ ~u~ will be i~ a portion to exercise i~ di~re~on to q~h ~a J.P.'s ~cision. · [45] Sev~-al other conaidgratious must also be taken into consider-at/on in thc cxc'rcis~ of my d/sc, re~/on to quash [46] For instance, the courts have made it ct~ar that ccs'tior~_~ shou]d not be ordered if other remedies arc available. The rationale for this rule, as Justice, Then outlined at paras, 18-!9 of ;~rax~ Rail, is that the courts must be careful to avoid encouraging premature applications for relief. [47] Subsection 1410) of the POA articulates this principle. It s;ates that "No application shall be made to quash a conviction, order or ralkng from which an appeaI is provided by this Act, whether subject to leav~ or [48] Circumstances in wh/ch the ordering of particulars or granting o£ an anaendment wc~uld suffice to clarify lega! imprecision or factual ambigu/ty provide another example of when quask/ng would be inappropriate, As noted above, s. 36(2) of the POA specifies that the court "shall not quash an ~nfo.nnation or certificat~ unless an amendm,znt or particulars under ~ection 33, 34 or 35 would fail to satisfy the ends of justice." [49] In light of the bre~dfh of the ?OA's curative powers under these provisions, it is logical to infer that only narrow grounds exist/'or quashing under ~. 36, to s~y nothing of quashing ~ to s. I40(1) before tt~ proceeding ~s effectively trader w~y. A~ Justi~ Osier stat,din R. ~. J.F.. Brennan & Associates £td. (I981)~ 61 C.C.C. (2d) 1 (Ont. H.C.), the POA "obviously presents a built4n bias in favour of amendment over quashing and leaves it to the Court to consider whet.her or aot this can be done w/thout injustice." [50] Similarly, Justice Au~ast held in R. ¥. Douk~, [1996] O.J. No. 1705 at paras. 21 and (Prov. Div.) that: . ID]elective informations, and certificates ~e no~ to be, quashed, ~xcept in ~usuaJ circumstances. ?~¢: I 1 199 It is therefore clear that defeots in language do not make informatioaa aud c~'rtificat¢~ void. The only basis for quacking an information or certificate is a failure to relate to an offence k~own 1o law or ~ araendment would cause prejudice to the defen~nt that cannot be removed whu~th~r by an adjournment or other means. This would emote a nullity and under these cireumstance~ the [court] would be justified, in order to prevent an injuslbce, to qu~sh the information or taft. cate, [51] This reasondng is consistent wfth that of the Supreme Court ofCanada'in R. v. Moore, [19ggJ 1 S.C.R. 1097. In this case, fl~ ~,~.Lag wkh the quashing of an information 'brought under the Criminal Code, R.S.C. 1985, ¢. C-~6 ~br failure to allege a material averment, Dickson C..LC. star~ at 1126: ' ~f the doeumem g/yes f~r notice of the offence to the accuse, it is not a nullity and elm be ~end~ ~d~r ~e broad powers of ~¢nt s. 529 [now s. 601] 'v ~ es to ~e ~. O~y if a eh~g~ is so b~y &awn up ~ to f~l ev~ to ~ve ~e ~eu~ed noti~ of a~ eh~ge ~411 it fal ~e ~m~ l~t ~qu~d by s. 510(2)(e) [now s, 5~1(2)(c}]. A eh~ge ~at is t~ ~efective wo~d have ~o be quashed. [52] L~rner 3. adopted Justice Dickson's discussion of this point in kis own reasons for the majotiD, in Moore at 1128: Since th~ enaament of our Code in 1892 there h~ been, through case law and punctual amendments to s. 529 [now s, 60i] and/ts predecessor sections, a gr~ual shift from requiring judges to quash to requiring them to amend in the stead; in fact, there remains little discretion to quash, Of courae, if the charge is an absolute null/t3; an occurrence the conditions ofwMch the Chief Justice has set out clearly in his reasons, no cure is available as the ma.ac-r-goes to thc v~r-y jur/sdicfion of the judge ....But, ~f the charge is only voidable, the judge hasjurisa/et/on to amend. Even failure to state something tho is ~ essential ingredient of the offence (and I am referring to s. 529(3)(b)(i) [now s. 601(3)(b)(i)]) is not fatal; in fa~t, it is far fi.om being fat,si, as the section commands that the judge "~hali" amend. [Ernph~is added.] [$3] .kit_hough R, V. ~foare was a case dealin~ with quasking under the Criminal Code, in l~t of the fact that the POA is a penal law centa/ning similar amendment provisions, ihe Supreme Court's comments are helpful in understanding how to approach quashing under the POA. [$4] $~ction Ial(,9 oft-he POA also states flat: On an application for relief in the.mture of certiorari, the Superior Court of.h, stiee shall not grant relief unless the eourt finds that a Page: 12 st~bstanfitl wrong or mlsegrriage ofje~ttee has o~urr~ and com~ may amend or validate any decision alrcady made, with effect from such time and on such terms as the court consider~ proper, [55] As Juice ~rchibatd noted in tntraco~, supra, there is a dearth of jurisprudence as to the meaning of the prey/so "substantial wrong or miscarriage of just/ce." As a result, Archibald J. turned to his di~t/onary to analyse this pr-use and concluded as follow~ at Para. 29: "It would s~cm clear that th~ Legislature's use of the ~jecfive substantiaI to me,fy the noun 'wrong' is /'or the purpose of e×pressinD th~ not/on tha~ cm~iorari should not be ~r~.ut~ for ~v/al or inconsequential wrongs." [56] To my m~,d, it is not cie, ax why such a provi~ was neede~i/n ~he POA. given the already Mgh stan~ of rcrv-/ew on application for c~rfiorm~. But I take it thax - if anythin$- s. 141(4) only sc-rvas to emph~siz~ the h~/ght ofthat bar or to raise it, rather than lower it AN.AJ~YSIS [57] incase atbar, atrial is set forthe endofSeptember, [58] On the basis of the evidence as stateA, and upon considerSng the submissions ofcotmsel, I am satisfied that there ,a,~ no intentional misleading of the Justice of the Peace at ~he time the Information was l~id on July 23, 2002. [59] The procedure adopted by Mr. San.ford, i.e., ',.he laying ofan information and request for a su~rmon~, is a right granted to klm by the POA. Al~ough the option of applying for judicial review of the MZuister's refusals ~o "bump.up" the envirom-nental assessment on May 3, 2001 and March 18, 2002 m~y have b~en ava/Iable to Save the Rouge and EDC, this option was not exemised, allegedly by reason of its cost, In any ca~, the sale of thc property closed on March 28, 20O2. [60] The essence of the complaint as set forth in the Information is that the applic2.nts did not comply with ss. 2.I.2 and 3.2 of the ORC Clax~r E.4 in conducting their environmental as.sexsmem of the P~operty. Alt. hOugh the respondent's Information stated this offence more broadiy,~ mad only alleged thai this offence was contrary to the "offence" provision in s. 38 oft.he EAA,2 this application h~ clarified the nature of the respondent's private prosecution. [61J To my mind, tkis Iv_formati,n was not so badly drawn up as to fa.il to give the accusocl notice of thc charge or otherwise cause such prejudice to the applicants as cannot be cured by amendment. ~ The Iuforrrmtio,, stated th= offerme ~s "Failing to conduct a proper envkonmen~l ~sessment before disposing of fthe prope, rtyI' - see para, 2, above. Se-~on 38 of the EAA states: "]3very person, wheUher as pr~¢al ~ agora, or ~ e~loyee of ei~ of ~em, who co~av~e~ ~y~ovision of~ Act or approval issued or ~ven ~der ~ Act fine of nm rare ~n $ l 0,000 md On a subsequent cm~on m a fmc of not mm ~ $25,000 for cv~ ~y or Pm ~ereof upon which ~, off~ce oec~ Page: [52] With respect to.thc dle/gat/on of abuse o/'proc/ms, I am not convinced that the case at bar presents appropriate drcumstances in which to exercise my d/scret/on to quash the gttmrnons. I state this for sev*,ral reasons. [63] First, there is the respondent's allegation that thom has been no abuse because th~ OP,.C faiI~ to con, alt with thc Huron Wendat Nation, which designated him aa its reprcscnmtiye in. matt©rs mlat/ng to the l:'ropcrty. While th~ evidea~ supports that other consultations took place, as set forth in thc Consultation and Documentation R.e:ord, it is less compelling on the issue of thc Aboriginal consultation required by s. 3.2 of the O.~C Class EA. Without deciding the rrmtt~, which will be for the trial juclg~ to determine, I am of the op/nion that the respondent had a r~.ormble basis for alleging before J.P. Robinson that the ORC did not comply with /ts env/ronmcntal ~ss~sment obligations. [64] Accord/rig to the test IEd down by Dkkson C. LC. in/~. v. Je~'rr. supra, there is nothing b~forc me t~ indicate tha~ the Informaion lald in this pr°c~ding and the Summons issued are oppressive or vexatious. While there have bccn other proceedings on matters related to the propart-y over the past couple y~rs, proceeding wkh a private prosccut/on under ~he POA is a statutoril}, g~-d r/slut which the crania should be loath to tamper with lightly. Consistc--nt with .rustice Diekson's proviso in i. ~,. J~itt~ I do not find tMt ~s is oue ofhhe "cl~est ofcases" in whkh it would be appropriate to prevent proceedings from going forward at th/s stage. [65] Fkmlly, although I grated above that an application to quash might r/ghtf~l!y be brought before me at this stage, I am also cognizant of.~ustice Then's rem~.rks in Brass t~ail regarding the court's wariness with mspeet to premature applications for relief. T~nis, too, provides me with another re.~on to not e~ercisc my d/aeration to quash the Infomaa~5on and Su~u~ons. DISPOSITION [66] The applioaion is disrni~sed. / O'Connell .r, DATE: July I4, 2003