HomeMy WebLinkAboutDecember 6, 2021Executive Committee
Meeting Agenda
December 6, 2021
Electronic Meeting – 2:00 pm Chair: Councillor Brenner
Due to COVID -19, the City of Pickering continues to hold electronic Council and
Committee Meetings.
Members of the public may observe the meeting proceedings by viewing the livestream.
A recording of the meeting will also be available on the City’s website following the
meeting.
Page
1. Roll Call
2. Disclosure of Interest
3. Delegations
Due to COVID -19, members of the public looking to provide a verbal delegation to
Members of the Executive Committee, may do so via audio connection into the electronic
meeting. To register as a delegate, visit www.pickering.ca/delegation, and complete the
on-line delegation form or email clerks@pickering.ca. Persons who wish to speak to an
item that is on the agenda must register by 12:00 noon on the last business day before
the meeting. All delegations for items not listed on the agenda shall register ten (10) days
prior to the meeting date.
The list of delegates who have registered to speak will be called upon one by one by the
Chair and invited to join the meeting via audio connection. A maximum of 10 minutes
shall be allotted for each delegation. Please ensure you provide the phone number that
you wish to be contacted on.
Please be advised that your name and address will appear in the public record and will
be posted on the City’s website as part of the meeting minutes.
3.1 Robert Roszell, C hairman
10,000 Trees
Re: SAVE Program: Encouraging Salt Management Best Practices on Sidewalks
and Parking Lots
4. Matters for Consideration
4.1 Director, Engineering Services, Report ENG 25-21 1
Beachfront Park Rehabilitation & Needs Assessment
- Summary of Public Engagement Process and
- Endorsement of the Beachfront Park Master Plan
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
Executive Committee
Meeting Agenda
December 6, 2021
Electronic Meeting – 2:00 pm Chair: Councillor Brenner
Consultant Delegation
Jana Joyce, Principal, The MBTW Group , on Report ENG 25-21
Recommendation:
1. That Report ENG 25-21 regarding a summary of the Public
Engagement Process for Beachfront Park, as a follow-up to Report
ENG 21 -21, be received for information;
2. That the Final Preferred Design Option that was prepared in
response to the input received through the public engagement
process, be endorsed as the Beachfront Park Master Plan; and,
3. That the appropriate officials of the City of Pickering be authorized
to take the necessary actions as indicated in this report.
4.2 Director, Corporate Services & City Solicitor, Report BYL 04-21 30
Property Standards By-law
Recommendation:
1. That Report BYL 04-21 regarding the attached Property Standards
By-law be received;
2. That Council enact the Property Standards By-law attached to this
Report (Attachment No. 1); and,
3. That appropriate City of Pickering officials be authorized to take the
actions necessary to implement the recommendations in this report.
4.3 Director, Engineering Services, Report ENG 26-21 72
Proposed Community Safety Zones
- Fairport Road and Parkside Drive
Recommendation:
1. That the attached draft by-law be enacted to amend Schedule “14”,
Community Safety Zones to By-law 6604/05 to provide for the
regulation of Community Safety Zones on highways or parts of
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
Executive Committee
Meeting Agenda
December 6, 2021
Electronic Meeting – 2:00 pm Chair: Councillor Brenner
highways under the jurisdiction of The Corporation of the City of
Pickering. The amendments specifically provide for the inclusion of
a Community Safety Zone on Fairport Road between Glenanna
Road and Strouds Lane, and on Parkside Drive between Aspen
Road (east intersection) and New Street; and,
2. That the appropriate officials of the City of Pickering be authorized
to take the necessary actions as indicated in this report.
4.4 Director, Finance & Treasurer, Report FIN 16-21 80
2022 Interim Spending Authority
Recommendation:
1. That the 2022 Interim Operating Expenditures be approved at 50
percent of the prior year’s budget, including adjustments, as
contained in Attachment 1, pending approval of the formal 2022
Current Budget by Council; and,
2. That the appropriate City of Pickering officials be authorized to take
the necessary actions as indicated in this report.
4.5 Director, Finance & Treasurer, Report FIN 17-21 83
2022 Temporary Borrowing By-law
Recommendation:
1. That the temporary borrowing limit of $56 million be established to
meet 2022 current expenditures pending receipt of taxes and other
revenues for the period of January 1 to September 30, 2022
inclusive, and $28 million thereafter until December 31, 2022;
2. That the temporary borrowing limit for capital purposes for 2022 be
established at $41 million;
3. That the attached draft By-law providing for the temporary
borrowing of monies be enacted; and,
4. That the appropriate City of Pickering officials be authorized to take
the necessary actions as indicated in this report.
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
Executive Committee
Meeting Agenda
December 6, 2021
Electronic Meeting – 2:00 pm Chair: Councillor Brenner
4.6 Director, Finance & Treasurer, Report FIN 18-21 88
2020 Building Permit Stabilization Reserve Fund
Recommendation:
It is recommended that Report FIN 18-21 from the Director, Finance &
Treasurer regarding the 2020 Building Permit Stabilization Reserve Fund
be received for information.
4.7 Director, Operations, Report OPS 11-21 91
Diana, Princess of Wales Park
- Licence Renewal Agreement
Recommendation:
1. That the Mayor and City Clerk be authorized to execute a license
renewal agreement with the Minister of Infrastructure – Hydro One
Networks Inc. for a further five year term, commencing January 1,
2022, and ending on December 31, 2026 that is in a form
satisfactory to the Director, Corporate Services & City Solicitor; and,
2. That the appropriate City of Pickering officials be authorized to take
the necessary actions to give effect hereto.
5. Other Business
6. Adjournment
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
Report to
Executive Committee
Report Number: ENG 25-21
Date: December 6, 2021
From: Richard Holborn
Director, Engineering Services
Subject: Beachfront Park Rehabilitation & Needs Assessment
- Summary of Public Engagement Process and
- Endorsement of the Beachfront Park Master Plan
- File: A-1440
Recommendation:
1. That Report ENG 25-21 regarding a summary of the Public Engagement Process for
Beachfront Park, as a follow-up to Report ENG 21-21, be received for information;
2. That the Final Preferred Design Option that was prepared in response to the input
received through the public engagement process, be endorsed as the Beachfront Park
Master Plan; and,
3. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: As a follow up to Report ENG 04-21 (Attachment #1), and Report
ENG 21-21 (Attachment #2), this report provides a summary of the public engagement process
for the Beachfront Park Rehabilitation & Needs Assessment Study and recommends that the
Final Preferred Design Option that was developed as part of this public engagement process
be endorsed by Council as the Beachfront Park Master Plan.
The City of Pickering retained The MBTW Group to complete the Beachfront Park
Rehabilitation & Needs Assessment Study and the public engagement process. Following
consultation with Toronto and Region Conservation Authority (TRCA) and City staff, for the first
round of public engagement both a passive and an active concept plan were developed and
made available to the public for review and comment through the Let’s Talk Pickering platform.
An online survey was also made available for public input and comment from June 14, 2021 to
July 5, 2021.
For the second round of public engagement, the consultant created a single revised concept
plan based on the public responses received from the first round. An online presentation that
provided a summary of the survey results from the first round and described the revised
concept plan was posted on the Let’s Talk Pickering platform. An online survey was also made
available for public input and comment from August 27, 2021 to September 27, 2021. The
comments received were summarized and have been included in the Public Engagement
Summary Report along with plans of the Final Preferred Design Option (Attachment #3).
- 1 -
ENG 25-21 December 6, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment
Summary of Public Engagement Process and
Endorsement of the Beachfront Park Master Plan Page 2
Staff are seeking Council’s endorsement of the Final Preferred Design Option as the
Beachfront Park Master Plan.
Financial Implications: Funds for the preparation of a Waterfront Park Needs Assessment
were approved by Council as part of the Engineering Services 2019 Current Budget. Funds in
the amount of $30,000.00 to undertake the public engagement process for the project were
approved in the 2021 Current Budget. As a result of work undertaken through the study, the
cost for reconstruction of Beachfront Park has been estimated at approximately $7.7 million
plus HST. This includes costs for the preparation of detailed design, construction
administration services, approvals and permits and a construction contingency. Subject to
Council endorsement of the Final Preferred Design Option, funds for the preparation of
detailed design drawings will be recommended in the 2022 Capital Budget and funds required
for construction will be recommended in the four year Capital Forecast for Council
consideration through the budget process.
Discussion: As a follow-up to Report ENG 04-21 and Council Resolution
#543/21, staff have been working with The MBTW Group and Shoreplan Engineering on the
public engagement process for the Beachfront Park Rehabilitation & Needs Assessment
Study. The City’s Let’s Talk Pickering platform was used for this process with two rounds of
engagement, each including a pre-recorded presentation video and online survey. Public
engagement was promoted through social media, digital signage and a curbex sign that was
located at the foot of Liverpool Road. An email blast was also sent to subscribers on the
project page during the second round of engagement.
The first round of public engagement ran from June 14, 2021 to July 5, 2021. Based on the
initial study and comments received from Toronto and Region Conservation Authority (TRCA)
and City staff, two concept plans were presented; a passive option and an active option. A total
of 957 persons visited the website and 171 of these completed the survey. The survey results
and comments received were reviewed by City staff and the consultants, and were considered
when developing the revised concept plan. Questions specific to public comments and
concerns received from the first round of engagement were also included in the online survey
for the second round, in order to clarify the public’s opinion on these matters.
Prior to the second round of public engagement, staff provided Council with an update report
(Report ENG 21-21, September 13, 2021), advising Council of the response to the first round
of engagement and the general comments received from the public.
The second round of public engagement ran from August 27, 2021 to September 27, 2021.
The prerecorded presentation video included a brief introduction, updates to project timeline,
highlights of comments that were received from the first round of public engagement, a review
of the key issues and concerns and a description of the Draft Preferred Design Option. A total
of 263 persons visited the website and 61 of these completed the survey. Feedback obtained
through the second round of consultation confirmed that the Draft Preferred Design Option was
generally supported by the public. Engaged stakeholders including TRCA and Ontario Power
- 2 -
ENG 25-21 December 6, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment
Summary of Public Engagement Process and
Endorsement of the Beachfront Park Master Plan Page 3
Generation (OPG) who are landowners of Beachfront Park, have confirmed that they were
generally in support of the plan. Recent discussions and correspondence received from the
Pickering Harbour Company (PHC), state that they have concerns with some of the features
proposed within the West Beach Area as they may conflict with PHC operational matters as
they access their property at the end of the spit. Staff will work with the PHC to resolve these
issues during the detailed design stage.
Public comments regarding the lack of parking are being addressed through a separate
waterfront parking review. One of the questions in the second round survey did ask for public
input on this matter. Residents indicated that they were open to other options for gaining
access to Beachfront Park, including alternate means of transportation as well as parking at
Alex Robertson Park and Bay Ridges Kinsmen Park and walking in from the east.
Public washroom facilities were a topic of interest through the engagement process. The initial
concept plan included a new washroom facility in the Liverpool Road parking lot with the
possible removal of the existing facility. The public’s opinion was that the proposed location
was too far from the beach, it’s construction would require the removal of valuable parking
spaces, and that they preferred that the existing washroom remain. The public were open to
the use of portable washroom facilities during waterfront events. As such, the Final Preferred
Design Option calls for renovations to the existing washroom facility to make it more functional
and accessible. A washroom could be added within the Liverpool Road parking lot in the future
if it was deemed necessary at that time. Note that the existing washroom is within the TRCA
regulated and wave uprush area. The construction of a new larger washroom facility in close
proximity to the beach would no longer be permitted.
Various comments were also received, requesting for the provision for a children’s playground
area as well as a water play area. Beachfront Park had a large children’s playground that was
installed on the beach when the park was constructed, but due to the high water and wave
action, it became unsafe and it was removed in 2019. The existing water play area located
east of the washroom facility, was constructed as part of Millennium Square in 2000.
Operations staff have advised that it is in need of repairs and that it’s close proximity to the
water’s edge poses maintenance issues including sand and gravel deposited on its surface
during storm events causing safety and drain issues, and slippery walkway conditions on
windy days, when the water spray blows onto the boardwalk surfacing. A small playground
area is being proposed west of Millennium Square, however, PHC have recently voiced
concerns over this location.
The Final Preferred Design Option has been divided into two areas: the West Beach Area and
the East Beach Area which includes Millennium Square. The following is a brief summary of
the features and proposed improvements in these two areas.
West Beach Area
• an improved 6m wide access drive – this could be divided to separate pedestrians from
cyclists and vehicles accessing the PHC lands on the west end of the spit;
- 3 -
ENG 25-21 December 6, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment
Summary of Public Engagement Process and
Endorsement of the Beachfront Park Master Plan Page 4
• gathering node located closer to the harbour entrance that could be used for small
events;
• seating nodes moved to the north side of the access drive, away from the wave uprush
area;
• improved transition from Millennium Square to the access drive;
• opportunity for a small rental/retail kiosk west of Millennium Square; and,
• a small playground area and shade structure located on the west side of Millennium
Square.
East Beach Area and Millennium Square
• 6.6m wide elevated waterfront trail with 3m wide dedicated bike lane (1.5m in each
direction) and 3m wide pedestrian promenade separated with a 0.6m wide site furniture
strip;
• observation platforms overlooking the Hydro Marsh;
• seating bump-outs on the Lake Ontario side of the pedestrian promenade;
• pedestrian and service vehicle beach access ramps;
• vegetation enhancements along the Hydro Marsh;
• reconstruction of Millennium Square including a stage platform for waterfront events;
• renovations to the existing washroom building to make it more functional and
accessible; and,
• relocation of the Millennium Mast sculpture.
Based on the scope of work, projected costs and extent of this project, staff are recommending
that the improvements be constructed in two phases. The first phase would include the
Elevated W aterfront Trail and East Beach Area in order to re-establish the waterfront trail
connection. The second phase would include Millennium Square and the West Beach Area
Improvements.
The MBTW Group have prepared a preliminary cost estimate of the proposed improvements
based on this phasing. The Elevated Waterfront Trail and East Beach Area is estimated at
$4.4 million plus HST and the Millennium Square and the West Beach Area Improvements is
estimated at $3.3 million plus HST for a total estimated project cost of $7.7 million plus HST.
This estimate includes approval/permitting costs, a 12 per cent contingency and 8 per cent
allowance for detailed design, engineering and construction administration fees.
Subject to Council endorsement of the Final Preferred Design Option, staff will recommend
funds for the preparation of detailed design drawings in the 2022 Capital Budget and phasing
of construction as part of the four year Capital Forecast.
- 4 -
ENG 25-21 December 6, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment
Summary of Public Engagement Process and
Endorsement of the Beachfront Park Master Plan Page 5
Attachments:
1. Report ENG 04-21 dated March 1, 2021
2.Report ENG 21-21 dated September 13, 2021
3.Public Engagement Summary Report, prepared by The MBTW Group dated November
17, 2021
4.Location map
Prepared By:Approved/Endorsed By:
Original signed by:Original signed by:
Arnold Mostert, OALA Richard Holborn, P.Eng.
Manager, Landscape & Parks Development Director, Engineering Services
Development
AM:mjh
Recommended for the consideration of Pickering City
Council
Original signed by:
Marisa Carpino, M.A.
Chief Administrative Officer
- 5 -
Attachment #1 to Report # ENG 25-21
Report to
Executive Committee
Report Number: ENG 04-21
Date: March 1, 2021
From: Richard Holborn
Director, Engineering Services
Subject: Beachfront Park Rehabilitation & Needs Assessment
-Public Engagement Work Plan and Project Status Update
-File: A-1440
Recommendation:
1.That Report ENG 04-21 regarding a Public Engagement Work Plan and Project Status
Update for Beachfront Park, as a follow-up to Report ENG 12-20 and in response to
Resolution #465/20, be received for information;
2.That the Draft Concept Plans attached to Report ENG 04-21 be used to commence the
public engagement and consultation process to arrive at a final preferred concept plan for
Council endorsement through a future report; and,
3.That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The City of Pickering retained The MBTW Group to complete the
Beachfront Park Rehabilitation & Needs Assessment Study. A number of concept plans have
been developed in consultation with City and Toronto and Region Conservation Authority (TRCA)
staff. The concept plans have been refined into two distinct options; a passive option and an
active option. These plans will be made available to the public for review and comment and
ultimately refined to provide one preferred concept plan for Council endorsement. As a follow up
to Report ENG 12-20 (Attachment #1), and Council Resolution #465/20 (Attachment #2), this
report provides a status update of the study and concept plan designs, and discusses the work
plan for the public engagement component.
Financial Implications: Funds for the preparation of a Waterfront Park Needs Assessment
were approved by Council as part of the Engineering Services 2019 Current Budget. Funds in the
amount of $30,000 to undertake the public engagement process are being requested in the
proposed 2021 Current Budget. The cost of construction will depend on the elements included in
the final preferred concept plan. Funds for the preparation of detailed design drawings and
construction will be recommended in future Capital Budgets for Council consideration.
- 6 -
ENG 04-21 March 1, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment Study
Work Plan for Public Engagement Page 2
Discussion:
Concept Plans: As a follow-up to Report ENG 12-20, and Council Resolution #465/20, staff have
been working with The MBTW Group and Shoreplan Engineering to complete the Beachfront Park
Rehabilitation & Needs Assessment Study. At the request of the Toronto and Region
Conservation Authority (TRCA), who have regulatory authority along the Lake Ontario shoreline,
some additional investigations were completed including an update of the flood hazard report and
performing geotechnical investigations to obtain a gradation analysis of the existing beach sand
and gravel. Based on these findings and further staff input, the four concept plans previously
prepared were refined into two distinct options; a passive option and an active option (Attachment
#3).
The passive park option features a 5.0m wide elevated boardwalk structure between Liverpool
Road and Alex Robertson Park. The elevated boardwalk would have a jogged routing to promote
cycling speed control (or dismount) along with elevated observation platforms that feature
individual and group seating elements. Millennium Square would receive some minor
improvements including the renovation of the existing washroom building and the removal of the
water play area in place of a shade structure and additional seating.
The active park option features an 8.0m wide elevated boardwalk structure, having 5.0m as a
dedicated pedestrian promenade and 3.0m as a dedicated cycling path. The elevated structure
would run straight between Millennium Square and Alex Robertson Park. Viewing platforms would
extend between the beach and Hydro Marsh and would provide opportunity for group seating as
well as access down to the beach. Millennium Square would be redefined with expanded paving,
seating, and a raised stage. The existing park washroom and water play area could be removed
as well to provide more space for waterfront events.
Both concept plans consider the construction of a new park maintenance, change room and
washroom facility that would be located adjacent to the existing parking lot at the end of Liverpool
Road. TRCA do not consider the expansion of the existing washroom within Millennium Square to
be feasible due to the newly determined high lake water level and wave up-rush limits, and its
close proximity to the edge of water.
The area west of Liverpool Road leading to the Frenchman’s Bay harbour entrance is similar for
both concept plans. It features a refurbished and upgraded 5.0m wide granular promenade. The
existing memorial benches would be moved to the north side of the path and clustered into
seating nodes. Beachside plantings, protected by post and cable railing to provide controlled
access points to the beach, would be introduced for dune creation and shoreline stabilization.
The two draft concept plans will be accompanied by other renderings, images and text to clearly
describe the proposed elements and will be suitable for public engagement.
Public Engagement and Consultation: Funds in the amount of $30,000 to retain The MBTW
Group to assist with the public engagement and consultation process have been recommended in
the proposed 2021 Current Budget. The consultant’s services would include preparation of the
graphic materials, visual aids and survey questionnaires, preliminary construction cost estimates
- 7 -
ENG 04-21 March 1, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment Study
Work Plan for Public Engagement Page 3
of the concept plans and coordination with staff on the uploading of the presentation materials and
questionnaires to media outlets.
A three step approach is being recommended for the public engagement and consultation process
with two public engagement exercises followed by a technical report and final preferred concept
plan for Council endorsement. The current concepts of the passive and active park options will be
presented to the public as part of the first public engagement exercise. The public feedback
received will be compiled and summarized in a report back to staff from the consultant. Based on
the comments, feedback and design ideas received, one final concept plan will be prepared and
presented to the public in a second public engagement exercise. Similar to the first exercise,
public feedback will again be compiled and considered for the development of the final preferred
concept plan. A construction cost estimate and technical report will be prepared for the final
preferred concept plan and submitted to Council for endorsement.
An on-line platform such as bang-the-table, or similar, is proposed to be used for the public
engagement and consultation process. This format allows for the posting of drawings and other
presentation materials, questionnaires, and forums for public commenting. The public
engagement process will be promoted through the City’s website, social media, newspaper and
roadside curbex signs.
Staff propose to host the first public engagement exercise in late spring 2021 and the second
during the summer months. The final preferred concept plan and technical report is anticipated to
be completed and presented to Council for endorsement in the fall of 2021, in time for staff to
consider including funds for the preparation of detailed design drawings and the first phase of
construction as part of the 2022 capital budget process.
Attachments:
1. Report to Council, ENG 12-20 dated November 2, 2020
2. Council Resolution #465/20
3. Draft Concept Plans – Active Park Option and Passive Park Option
4. Location map
- 8 -
ENG 04-21 March 1, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment Study
Work Plan for Public Engagement Page 4
Prepared By: Approved/Endorsed By:
Original signed by: Original signed by:
Arnold Mostert, OALA Richard Holborn, P.Eng.
Senior Coordinator, Landscape & Director, Engineering Services
Parks Development
AM:mjh
Recommended for the consideration
of Pickering City Council
Original signed by:
Marisa Carpino, M.A.
Chief Administrative Officer
- 9 -
Attachment #2 to Report # ENG 25-21
Report to
Executive Committee
Report Number: ENG 21-21
Date: September 13, 2021
From: Richard Holborn
Director, Engineering Services
Subject: Beachfront Park Rehabilitation & Needs Assessment
-Public Engagement Process Status Update
-File: A-1440
Recommendation:
1.That Report ENG 21-21 regarding the Public Engagement Process Status Update for
Beachfront Park, as a follow-up to Report ENG 04-21 and in response to Resolution
#543/21, be received for information; and,
2.That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: As a follow up to Report ENG 04-21 (Attachment #1), and Council
Resolution #543/21 (Attachment #2), this report provides a status update for the Beachfront
Park Rehabilitation & Needs Assessment Study public engagement process.
The City of Pickering retained The MBTW Group to complete the Beachfront Park
Rehabilitation & Needs Assessment Study and the public engagement process. Following
consultation with Toronto and Region Conservation Authority (TRCA) and City staff, both a
passive and an active concept plan were developed and made available to the public for
review and comment through the Let’s Talk Pickering platform. An online survey was also
made available for public input and comment from June 14, 2021 to July 5, 2021.
To prepare for the second round of public engagement, the consultant has created a single
concept plan based on the public responses received. An online presentation has been
prepared that provides a summary of the survey results from the first round and describes the
revised concept plan. It will be posted on the Let’s Talk Pickering platform along with a second
online survey for a period of approximately four weeks starting in late August. Following this
period of public engagement, a final preferred concept plan will be prepared for Council
endorsement in late 2021.
Financial Implications: Funds for the preparation of a Waterfront Park Needs Assessment
were approved by Council as part of the Engineering Services 2019 Current Budget. Funds in
the amount of $30,000.00 to undertake the public engagement process were approved in the
2021 Current Budget. The cost of construction will depend on the elements included in the final
preferred concept plan. Subject to Council endorsement of the final preferred concept plan,
funds for the preparation of detailed design drawings and construction will be recommended in
- 10 -
ENG 21-21 September 13, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment Study
Public Engagement Process Status Update Page 2
the 2022 Capital Budget and 4 year Capital Forecast for Council consideration through the
budget process.
Discussion: As a follow-up to Report ENG 04-21 and Council Resolution
#543/21, staff have been working with The MBTW Group and Shoreplan Engineering on the
public engagement process for the Beachfront Park Rehabilitation & Needs Assessment
Study. Based on the initial study and comments received from Toronto and Region
Conservation Authority (TRCA) and City staff, two distinct plans were prepared; a passive
option and an active option. These plans were presented to the public during the first round of
the public engagement process through a pre-recorded video that was posted on the City’s
Let’s Talk Pickering platform. An online survey was also made available from June 14, 2021 to
July 5, 2021 in order to obtain comments and opinions from the public on the two plans. Public
engagement was promoted through social media and a curbex sign that was located at the
foot of Liverpool Road. A total of 957 persons visited the website and 171 of these completed
the survey. Comments of note received through this first round of public engagement include:
•insufficient parking available at the waterfront;
•desire for a children’s play feature through another splash pad or playground facility;
•desire to maintain and renovate the existing washroom on the beach vs a new washroom
near the parking lot;
•location of the stage for waterfront musical performances with concerns for noise pollution
for the local residents;
•programming of the site to balance to the carrying capacity of the park and impacts on the
surrounding natural environment; and,
•the active option was predominantly supported but there were concerns over the larger
boardwalk footprint and that dedicated bike lanes would increase the cyclists speed with
possible safety concerns.
The survey results and comments received have been reviewed by City staff and the
consultants, and where applicable, have been incorporated into a revised concept plan for
further public consultation for the second round of the public engagement process. As such,
the concept plan has been revised and one option is being presented back to the public for
further comment. The second round of the public engagement process includes placing the
revised concept plan and a presentation of the design through a pre-recorded video on the
City’s Let’s Talk Pickering platform, similar to the first round of consultation. An online survey
will be made available for a period of approximately four weeks starting from late August to late
September. The online survey will allow for the collection of comments and opinions from the
public to help shape the final preferred concept plan.
The final preferred concept plan and supporting summary report is anticipated to be completed
and presented to Council for endorsement in late 2021. Subject to Council endorsement of the
- 11 -
ENG 21-21 September 13, 2021
Subject: Beachfront Park Rehabilitation & Needs Assessment Study
Public Engagement Process Status Update Page 3
final preferred concept plan, staff will recommend funds for the preparation of detailed design
drawings in the 2022 Capital Budget and phasing of construction as part of the 4 year Capital
Forecast.
Attachments:
1. Report ENG 04-21 dated March 1, 2021
2.Council Resolution #543/21
3.Location map
Prepared By: Approved/Endorsed By:
Arnold Mostert, OALA Richard Holborn, P.Eng.
Senior Coordinator, Landscape & Director, Engineering Services
Parks Development
AM:mjh
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original signed by:Original signed by:
Original signed by:
- 12 -
Attachment #3 to Report # ENG 25-21
Beachfront Park Rehabilitation & Needs Assessment Study
FINAL
Public Engagement Summary Report
Prepared for the City of Pickering
November 17, 2021
- 13 -
Beachfront Park Rehabilitation & Needs Assessment Study
Public Engagement Summary Report
Prepared By:
The MBTW Group
Jana Joyce, OALA, CSLA, ASLA, Principal
Tel: 647-402-8356
Email: jana@mbtw.com
The City of Pickering
Arnold Mostert, OALA, Manager, Landscape & Parks Development | Engineering Services
Tel: 905.420.4660 ext. 2143
Email: amostert@pickering.ca
Draft Date: October 29, 2021
Final Date: November 17, 2021
- 14 -
Beachfront Park Rehabilitation & Needs Assessment Study
Table of Contents
SECTION ONE Background Page 02
SECTION TWO Engagement Process Page 03
SECTION THREE Related Engagement Page 04
SECTION FOUR Notification Tools Page 04
SECTION FIVE Round One – Public Presentation and Follow-up Survey Page 05
SECTION SIX Round Two – Public Presentation and Follow-up Survey Page 07
SECTION SEVEN Conclusion and Next Steps Page 09
APPENDICES
A1 - Final Preferred Design Option
A2 - Preliminary Order of Magnitude Costing
1 - 15 -
1.0 Background
The City of Pickering is projecting significant population growth through downtown intensification and development of the
Seaton area over the next 20 years. The City’s central area is expected to triple in growth with modest, yet steady growth
in both Liverpool and Bay Ridges communities. This population growth will lead to an increased number of waterfront park
visitors within the foreseeable future. As such, the requirement for a Waterfront Park Needs Assessment was identified in
the 2017 Development Charges Study.
In 2017 and 2019 high water levels and numerous intense storm events caused significant damage to many features in
Beachfront Park. The boardwalk, which formed part of the Waterfront Trail, was damaged beyond repair and was removed
by City Public Works staff in spring 2020. Staff were asked to explore options for the reconstruction of the Waterfront Trail
connection and to explore how other park areas could be restored, or, if they should be restored to their former condition.
The City retained The MBTW Group in late 2019 to complete the Beachfront Park Rehabilitation & Needs Assessment
Study. The MBTW team included Shoreplan Engineering Inc. to provide coastal engineering expertise. The Study produced
two feasible design options for the repair and rehabilitation of the park. These two options were carried forward into the
Public Engagement Stage of the project. Please note that stakeholders were engaged throughout the Needs Assessment
and the Public Engagement stages of the project. Stakeholders included:
• Sharon Lingertat, Senior Planner, Infrastructure Planning and Permits, TRCA
• Jill Attwood, Manager, Toronto Watersheds, Government and Community Relations, TRCA
• Karen McDonald, Senior Manager, Ecosystem Management, TRCA
• Richard Holborn, Director, Engineering Services, City of Pickering
• Scott Booker, Manager, Capital Projects & Infrastructure, City of Pickering
• Arnold Mostert, Manager, Landscape & Parks Development, City of Pickering
• Tanya Ryce, Supervisor, Cultural Services, City of Pickering
• Sharon Milton, Manager, Recreation Services, City of Pickering
• Isabelle Janton, Senior Planner, Site Planning, City of Pickering
• Rob Gagen, Supervisor, Parks Operations, City of Pickering
• Pickering Harbour Company
• Ontario Power Generation (OPG)
Figure 1 - Study area spans from the Frenchman’s Bay harbour entrance east to Alex Robertson Park to the west.
2 - 16 -
2.0 Engagement Process
The public consultation team prepared for two-rounds of consultation with the community (each round outlined in this
report). Several tools were used to carry out the consultation and engagement strategy, including:
• Individual and group stakeholder meetings;
• Email and social media postings;
• Virtual presentations (pre-recorded, narrated video);
• Online surveys; and
• Webpage content and updates at https://letstalkpickering.ca/beachfrontpark.
Round One Public Presentation and Follow-up Survey: The first event presentation focused on describing the two
Feasible Design Options (Active and Passive) identified in the Needs Assessment Study. A pre-recorded narrated
presentation was posted to the Let’s Talk Pickering Project webpage on June 10, 2021. Viewers were asked to complete a
follow-up survey which was available for a period of four weeks.
Round Two Public Engagement and Follow-up Survey: Building upon Round One, this presentation described the
preliminary Preferred Design Option for the site which combines features of both the Active and Passive Options while
addressing new ideas and concerns provided through the feedback obtained in Round One. A pre-recorded narrated
presentation was posted to the Let’s Talk Pickering Project webpage on August 27, 2021. Viewers were asked to complete a
follow-up survey which was available for a period of four weeks.
Stakeholder Confirmation: In a parallel process, project stakeholders continued to be engaged in reviews of the
developing Preferred Design Option.
Final Preferred Option Preparation: All feedback, from both the public and stakeholders, was analyzed and incorporated
into a Final Preferred Design Option.
Council/Executive Committee Presentation: The Final Preferred Design Option, along with this Public Engagement
Report will be presented to Council/Executive Committee in December of 2021.
Final Preferred Option Posting: The Council approved Final Preferred Design Option will be posted to the project
webpage.
Figure 2 - Project Timeline
3 - 17 -
3.0 Related Engagement
There are two related public engagement events that
should be considered along with this Public Engagement
Summary Report.
Pickering Waterfront and Nautical Village Community
Engagement
The intent of this engagement was to solicit comment and
feedback on how the waterfront areas within Pickering
could be enhanced and protected in the long-term while
accommodating significant population growth and adapting
to the needs of the evolving community. This study included
the entire length of the waterfront within Pickering, including
the Nautical Village, and surrounding parks and trails. There
will be future engagement opportunities that will focus on
specific waterfront themes. The feedback received from the
community will be reviewed and considered by Council and
staff for future planning studies and waterfront initiatives.
Early feedback generated through this event was reviewed
by the Beachfront Park Rehabilitation team, which included
City staff and consultants.
Waterfront Parking Engagement
The City of Pickering is currently exploring options to
manage parking issues around its waterfront and plans to
take a thoughtful approach on how to best optimize use of
the areas, ensure safety of pedestrians and vehicles, and
protect the areas for future enjoyment. Proposed topics
available for community feedback include paid parking
options, prohibited parking areas, timed parking zones, and
more.
4.0 Notification Methodology
The following notification tools were utilize to promote the
project and encourage engagement.
Social Media
Promoted on Facebook, Twitter, and Instagram. These
posts were shared to neighbourhood groups on Facebook
and shared on other City accounts (Recreation Pickering,
Great Events, Pickering Public Library).
Figure 3 - Example social media post.
Digital Signage
Digital signs were located at City Hall, Chestnut Hill
Developments Recreation Complex, Centennial Park,
Western Gateway, Bayly & Liverpool, and the CN Bridge.
Curbex Sign
Two curbex signs were installed on site – one located at the
southeast corner of Liverpool and Krosno and the other at
Millennium Square.
Email Blast
The City issued an email blast to subscribers on the project
page (LetsTalkPickering.ca/BeachfrontPark) titled, “Survey
#2 open for Beachfront Park.”
4 - 18 -
5.0 Round One Public Presentation and Follow-up Survey
5.1 Consultation Materials
A twenty minute, prerecorded, narrated video was prepared and posted to the Let’s Talk Pickering Beachfront Park
Revitalization and Needs Assessment Study webpage (https://letstalkpickering.ca/beachfrontpark). The presentation
included:
• A description of the project background and timeline;
• A summary of site conditions and early stakeholder input and concerns;
• A summary of project guiding principles;
• A presentation of the two Feasible Design Options - one Active and one Passive; and
• A summary of next steps.
The video was posted on June 10, 2021 and is still available for viewing. A public on-line survey was prepared that went live
on the same day the presentation was posted. The survey was open for comment for a approximately four weeks.
5.2 Feedback Summary
A total of 957 people visited a Project or Tool page which means that this many people are aware of the project via the Let’s
Talk Pickering platform. Of the 957, 524 people are considered to be Informed participants with 171 people participating in
the project survey. This summary is based on the feedback collected in the survey. The following are key highlights from the
closed-ended questions portion of the survey:
• 86.6% of participants live in the postal code areas starting with L1V and L1W. These two postal code zones are
generally defined by Highway 7 to the north, Pickering Townline to the west, Brock Road to the west and Lake Ontario
to the south. Participating households displayed a good cross section of ages with the family with young children
category being the highest participator (30.4%).
• Most people visiting the park come with their spouse/partner or their children.
• The majority of park users either drive to the park (56.7%) or walk to the park (33.3%). Those that drive to the site, park
in the Liverpool Road parking lot (61.2%).
• Winter is the least popular time of the year and nighttime is the least popular time for park visits.
• Most visitors spend less than an hour or up to two hours at the park.
• Most participants agreed with the presented Guiding Principles.
• The addition of a new washroom building would enhance the park visit for 60.8% of visitors.
Top 5 most popular activities in Beachfront Park include:
1. Waterfront Trail use for walking, jogging or cycling;
2. Enjoying views of the Lake, Hydro Marsh or Frenchman’s Bay
3. Strolling on the beach
4. Nature viewing / bird watching
5. Pet walking / exercising
5 - 19 -
Top 5 most favorite park elements in Beachfront Park include:
1. Waterfront Trail
2. Views of Lake Ontario
3. Beach area
4. Naturalized areas
5. Mature trees
West Beach Area:
For the concept design for the West Beach Area, there was a high level of support for the Beach Access Paths, Pedestrian
Level Lighting, Bank Stabilization, Seating Nodes and Improvements to the Access Drive. There was some dislike and
indifference regarding the Post and Cable Fencing, Improved Area for Storage or Rental Hub and the Maintenance Vehicle
Turning Loop.
Beach and Waterfront Trail Passive Option:
For the Passive Option concept design, there was a high level of support for the meandering Waterfront Trail Connection
and Boardwalk Replacement, Seating Areas, Observation Platforms, Vegetation Enhancements and Lighting. There was
some dislike of the Gathering Area in Place of the Children’s Water Play Area and the Beach Access Ramps. Participants
were mostly indifferent to the Vehicular Beach Access Ramps and Cultural and Natural Heritage Interpretation.
Beach and Waterfront Trail Active Option:
For the Active Option concept design, there was a high level of support for the Waterfront Trail Connection, Seating Areas,
Observation Platforms, Lighting, Vegetation Enhancements, Dedicated Pedestrian Promenade and Bike Lanes and
Pedestrian Beach Access Ramps.
When asked: “Which option best fits with your preferences for the Beachfront Park site rehabilitation?”, 63.2% preferred the
Active Option.
There were important issues and concerns brought forward through the open ended question portion of the survey. The
concerns revolved around:
1. Parking Issues;
2. Splash Pad Removal;
3. Pedestrian and Cycling Conflicts;
4. Waterfront Trail Dimensions;
5. Indigenous Placemaking;
6. Park Programming and Capacity;
7. Washroom Facilities; and
8. Rental Opportunities.
Solutions and/responses to the above issues would be a key agenda item for the next round of public engagement.
6 - 20 -
6.0 Round Two Public Presentation and Follow-up Survey
6.1 Consultation Materials
A twenty minute, prerecorded, narrated video was prepared and posted to the Let’s Talk Pickering Beachfront Park
Revitalization and Needs Assessment Study webpage (https://letstalkpickering.ca/beachfrontpark). The presentation
included:
• A brief introduction to the project;
• Updates to the project timeline;
• Highlights of what we heard from the first public meeting;
• A reviews key issues and concerns;
• A description of the Preferred Concept Design; and
• A summary the next steps in the project.
The video was posted on August 27, 2021 and is still available for viewing. A public on-line survey was prepared that went
live on the same day the presentation was posted. The survey was open for comment for approximately four weeks.
6.2 Feedback Summary
A total of 263 people visited a Project or Tool page which means that this many people are aware of the project via the Let’s
Talk Pickering platform. Of the 263, 136 people are considered to be Informed participants with 61 people participating in
the project survey. It has been noted that fewer people participated in this round of engagement. There are multiple reasons
why this may have occurred, some of which include engagement exhaustion due to other on-going or recent City hosted
presentations and surveys, waning interest from participants who provided their feedback in the first round and did not have
more to say about the project and/or summer vacation season.
This summary is based on the feedback collected in the survey. The closed-ended survey question were designed to obtain
more clarity on the open-ended question comments obtained in Round One. The following are key highlights from the
closed-ended questions:
• 90.1% of participants live in the postal code areas starting with L1V and L1W.
• 63.9% participated in Round One of the engagement.
• When asked if visitors would consider taking an alternate form of transportation to visit the park (other than private
vehicle), 49.2% participants said they would consider it.
• In the order of preference, the top five alternate forms of transportation were walking, cycling, public transit, shuttle and
other.
• When participants were asked if they would consider parking in Alex Roberston Park or Bay Ridges Kinsmen Park and
entering the park area from the east, 63.9% of participants said 'yes'.
• When participants were asked if they would support the inclusion of a small children's play area west of Millennium
Square (outside of high water and wave action impact areas), 85.2% of participants said 'yes'.
• When asked how should pedestrians and cyclists should be separated along the Waterfront Trail, participant's top five
methods (in order of preference) were a site furnishing zone, textured or high contrast paving and signage, lighting and
a solid barrier. The least preferred was a continuous railing.
• In response to Round One comments, in Round Two, the dimensions of the Waterfront Trail were reduced from 8m to
6.6m. 65.6% of participants liked the proposed change.
• When asked if the park should continue to accommodate special events and summer camp programming, most
participants said 'yes'.
7 - 21 -
• With respect to the provision of washrooms on-site, in response to the question, participants preferred that the existing
washroom building be renovated and that portable washrooms be provided during peak seasons.
• Most participants supported the provision of rental opportunities and some retail activities.
West Beach Area:
For the Preferred Design Option for the West Beach Area, there was a high level of support for the Beach Access Paths,
Seating Nodes, Bank Stabilization Areas and Fishing Nodes, Cultural and Heritage Interpretation, Improved Access Drive,
Gathering Node, Children's Play Area and Lighting. There was some dislike and indifference noted for the Small Rental/
Retail Kiosk, Post and Cable Fencing, Children's Play Area, Maintenance Vehicle Turning Loop and Lighting.
East Beach and Waterfront Trail Area:
For the Preferred Design Option for the East Beach and Waterfront Trail there was a high level of support for the
Observation Platforms, Seating Bump-Outs and Pedestrian Beach Access Ramps, Vegetation Enhancements, Buffer Strip
Between Pedestrian and Cycling Route, Renovated Washroom, Shade Structure with Seating and Landscape Area East
of Washroom Building, Pedestrian Level Lighting and the Dedicated Cycling and Pedestrian Promenade. There was some
dislike and indifference noted for the Stage Platform and the Relocated Sculpture.
In the open ended question portion of the survey the following additional feedback was obtained:
Suggestions/ideas on alleviating parking concerns:
• Improve local public transit service including providing shuttle service from the GO Station;
• Enhance cycling and trail network;
• Provide a shuttle service from adjacent, nearby parking areas;
• Implement paid and timed parking with accommodation for Pickering residents;
• Provide more parking enforcement during peak season;
• Consider promoting existing parking areas to the east of the park (Bay Ridges Kinsmen Park);
• Add and promote a new parking lot in Alex Robertson Park;
• Seek partnerships for shared use agreements with nearby private parking lots; and
• Consider multi-level parking structure in current location.
Additional comments/ideas on the Proposed West Beach Area:
• Provide swimming rules and regulation signage as well as safety stations;
• Minimize lighting;
• Relocate children's play area farther west, away from the proposed rental kiosk;
• Provide accessible, barrier free surface; and
• Consider providing pedestrian access/connection to Rotary Frenchman's Bay West Park across the harbour mouth.
Additional comments/ideas on the East Beach Area:
• Consider maintaining a children's water play feature in the park. The existing spray pad was a well-used and popular
park element.
• Provide swimming rules and regulation signage as well as safety stations;
• Minimize lighting;
• Maximize sustainable naturalization areas; and
• Create plan to better manage overcrowding and noise pollution during special events.
8 - 22 -
7.0 Conclusion and Next Steps
7.1 Conclusion
Feedback obtained through Round Two of the engagement strategy confirmed that the Preferred Design Option, as
presented, was generally supported by the engagement participants. Engaged stakeholders also confirmed that the plan
was generally supported to move forward into the detailed design stage.
7.2 Design Confirmation and Detailed Design
The beginning point for the project's next stage of development will be the approved Final Preferred Design Option. Refer
to Appendix A1. There are a number of items that will need to be explored and addressed as the project progresses. They
include but are not limited to:
• Recognition of Indigenous Peoples as original stewards of the lands;
• Technical design of the elevated Waterfront Trail;
• Washroom renovation feasibility;
• West Beach access drive surfacing design;
• Children's play area location and design;
• Renovation of the existing children's water play area;
• Inclusion of stage platform;
• Relocation of existing sculpture;
• Project agency approval requirements and phasing;
It is important to note that the Final Preferred Design Option will be subject to the detailed design process and continued
consultation with approval agencies. Design modifications may be required.
7.3 Costing and Phasing
It is not feasible for the entirety of the proposed park rehabilitation initiative to be built as one phase. Both the consulting
team and City staff group recommend that the Elevated Waterfront Trail feature in the East Beach Area is of the highest
priority and should be the focus of the first phase. The West Beach Area and improvements to Millennium Square are
recommended to be the second phase.
Preliminary order of magnitude costing for Phase 1 - Elevated Waterfront Trail is approximately $4.4 million dollars.
Preliminary order of magnitude costing for Phase 2 - Millennium Square and the West Beach Area is approximately $3.3
million dollars. The order of magnitude cost figures include both soft and construction costs. The amounts have been
calculated in 2021 Canadian dollars and include a 12% contingency.
7.4 Related Initiatives
Other initiatives and circumstances that may affect the rehabilitation design of Beachfront Park include:
• Reconstruction of the Liverpool Bridge;
• Parking area feasibility in Alex Robertson Park and/or shared parking arrangement with Bay Ridges Kinsmen Park;
• Pickering Harbour Company's access to their lands at the harbour mouth;
• Archaeological study, if required;
• Outcome of other related on-going public engagement.
END OF SUMMARY REPORT
9 - 23 -
APPENDIX A1
Final Preferred Design Option
- 24 -
Final Preferred Design Option
- 25 -
Final Preferred Design Option
- 26 -
APPENDIX A2
Final Preferred Design Option
Preliminary Order of Magnitude Costing
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Attachment #4 to Report # ENG 25-21
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Department Beachfront ParkLocation MapFeb 12, 2021 DATE:
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Frenchman'sBay
Lake Ontario
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Report to
Executive Committee
Report Number: BYL 04-21
Date: December 6, 2021
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Property Standards By-law
- File: L2210-01-21
Recommendation:
1.That Report BYL 04-21 regarding the attached Property Standards By-law be received;
2.That Council enact the Property Standards By-law attached to this Report (Attachment
No. 1); and,
3.That appropriate City of Pickering officials be authorized to take the actions necessary to
implement the recommendations in this report.
Executive Summary: As directed by Resolution #573/21 dated April 26, 2021, City staff
carried out a consultation process to seek input from the public regarding the City’s Property
Standards By-law.
Through the City’s Let’s Talk Pickering platform, 766 visitors reviewed the information, with 54
participants completing the survey. The number one priority for residents in relation to the
Property Standards By-law was exterior maintenance, with safety and property enjoyment also
identified as key concerns.
The proposed new Property Standards By-law (Attachment No. 1) includes:
(a)additional requirements to maintain and secure vacant properties,
(b)new provisions protecting designated heritage properties,
(c)regulation of the storage of debris in open carports,
(d)new provisions regulating retaining walls,
(e)maintenance standards for pools, hot tubs, heat pumps, generators and air
conditioners, including noise limits,
(f)expanded on tree maintenance requirements,
(g)prohibition of exterior lighting directed at a neighbour’s property,
(h)clarification of defined terms; and,
(i)escalating fees for follow-up inspections after a failure to comply.
The City’s Property Review Committee has reviewed the new Property Standards By-law and
supports its implementation.
- 30 -
BYL 04-21 December 6, 2021
Subject: Property Standards By-law Page 2
Financial Implications: The new Property Standards By-law introduces escalating fees for
inspections, where an Order has been issued and the property owner has failed to bring the
property into compliance by the date specified in the Order. Escalating inspection fees are
intended to encourage timely compliance. The initial inspection fee, following the compliance
date inspection, will be $100. It will escalate to $150 for the following inspection, and $200 for
any additional inspections.
Given that there are generally less than five Property Standards Orders issued per year that
are not complied with, staff anticipate modest additional revenue from the escalating inspection
fees. The purpose of the new fees is to encourage compliance rather than generate revenues.
Discussion: The City’s Property Standards By-law establishes interior and exterior building
and property standards to maintain safety for occupancy and regulate appearance. These
standards benefit all residents by setting community standards, the By-law benefits all
residents, helps maintain property values and provides an enforcement mechanism to deal
with properties which are not being adequately maintained.
The current Property Standards By-law 5943/02 was enacted in 2002. Through a
comprehensive review of Property Standards By-laws in other jurisdictions including Oshawa,
Mississauga, Burlington, Hamilton, Cornwall, and East Gwillimbury, staff developed the
attached By-law.
The Property Standards By-law includes provisions regulating property exterior grounds
maintenance, building maintenance, unsafe conditions, structural stability, as well as interior
building requirements for health and occupancy, heating, plumbing and electrical systems.
While the Clean and Clear By-law (6832/08) is used to enforce common long grass and weeds
and garbage issues, the Property Standards By-law is utilized to address properties with more
problematic deficiencies.
The proposed By-law incorporates new provisions in the following areas:
(a)additional requirements to maintain and secure vacant properties,
(b)new provisions protecting designated heritage properties,
(c)regulation of the storage of debris in open carports,
(d)new provisions requiring maintenance of retaining walls,
(e)maintenance standards for pools, hot tubs, heat pumps, generators and air
conditioners, including noise limits,
(f)expanded on tree maintenance requirements,
(g)prohibition of exterior lighting directed at a neighbour’s property,
(h)clarification of defined terms,
(i)ongoing compliance with approved site plan landscaping components,
(j)demolition requirement when vacant property is not maintained,
(k)compost heap containment, size and placement,
(l)waste container storage and maintenance requirements for multi-residential and
commercial properties, including screening,
(m)swimming pools and associated equipment,
- 31 -
BYL 04-21 December 6, 2021
Subject: Property Standards By-law Page 3
(n)storm water and drainage restrictions,
(o)fill levelling requirements unless on an active construction site,
(p)rental buildings and units – standards relating to underground garages, egress,
elevators, common areas, balconies, heating and appliances,
(q)ventilation standards for multi-residential and commercial properties,
(r)electrical Safety Authority inspections,
(s)securing windows and doors,
(t)clarification of powers and authorities, and,
(u)escalating fees for follow-up inspections after a failure to comply, and fees for
removal of an order from title or for a Certificate of Compliance.
The proposed By-law was promoted through a community engagement process from July 15
through September 1, 2021 utilizing the following:
1)Media release issued July 15
2)Information on community digital signs from July 15 - September 1
3)Social media posts throughout the period of July 15 through September 1
4)Information shared to Pickering 101 groups, online newsletter as well as to Youth a
and Seniors staff and Business and Sustainability staff for distribution on their
channels
5) Information provided to Mayor and Council for their personal websites, social media
and networks
6)Community page ads placed on August 12, 19 and 26
7)Information posted on the City’s website and Let’s Talk Pickering July 15 –
September 1
8)Draft By-law circulated to the Property Review Committee for comment
The following questions with most common responses were obtained from the Let’s Talk
Pickering platform :
1)What issues do you believe are the most Exterior property maintenance issues, grass
important to address in a Property and weeds, storage of garbage and debris,
Standards By-law?safety, security, property enjoyment,
environmental protection, heritage
protection.
2)What issues do you feel are the least All areas important, chronic complaints,
important to address?cosmetic issues as long as property is kept in
a clean and safe manner.
3)Do you believe Property Standards 53 respondents
should be proactively enforced or only on 36 Proactively enforced
a complaint basis?17 Addressed on a complaint basis
4)Are there any provisions of the draft by-54 respondents
law that you have concerns with, if so 32 No
what changes would you like to see? 22 Yes
- 32 -
BYL 04-21 December 6, 2021
Subject: Property Standards By-law Page 4
The City should accept alternatives to grass
lawns, as they are environmentally damaging
and resource intensive (Note: alternative
ground covers are acceptable per both
existing and new By-law). Remaining
comments do not relate to the Property
Standards By-law, but included concerns
about parking enforcement, infill zoning,
private roads, light pollution, noise, developer
responsibilities, tree preservation and
boulevard fixtures).
5)Do you have any comments?Comments received did not relate to
Property Standards, but included parking
issues, sidewalk snow clearing, maintenance
of City streets, road signs, street sweeping,
and boundary trees.
A mix of comments were received, both for and against pro-active enforcement of the Property
Standards By-law. From a practical perspective, considering access to properties and staffing
resources, the City’s current practice of pro-active enforcement of commercial properties and
complaint-based enforcement for residential properties provides the most effective use of staff
resources to maintain community standards and address properties which fail to comply with
such standards. Complaint based Property Standards enforcement is the standard within the
municipal law enforcement community and is the method in place in all other Durham
municipalities as well as the majority of municipalities in Ontario. The City’s pro-active
enforcement of commercial properties exceeds the level of enforcement for Property
Standards in most other municipalities. Staff advise against the adoption of pro-active
enforcement, as it would be out of step with best practices and would create significant
budgetary and community engagement issues.
Based on the feedback received from the Public Consultation, the attached Property
Standards By-law addresses the concerns expressed by residents. It will provide the City with
more and better tools to ensure public safety, resolve property maintenance issues, and allow
residents to enjoy their properties. It includes key areas relating to protection of heritage
properties, landlord/tenant responsibilities, and standards for health and occupancy. The
attached By-law is also better-suited to the increasingly urban form of development in the City.
Adopting the proposed Property Standards By-law attached will provide a substantial resource
to establish community standards for the benefit and enjoyment of all residents.
The City’s Property Review Committee members reviewed the draft By-law and confirmed their
support for putting it forward for Council’s consideration.
Attachments:
1.Draft Property Standards By-law
- 33 -
BYL 04-21 December 6, 2021
Subject: Property Standards By-law Page 5
Prepared By: Prepared/Approved/Endorsed By:
Kimberly Thompson Paul Bigioni
Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor
KT:ks
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By:Original Signed By:
Original Signed By:
- 34 -
The Corporation of the City of Pickering
Property Standards By-Law
By-Law No. /21
Being a by-law for prescribing standards for the maintenance
and occupancy of property within the City of Pickering and
for prohibiting the occupancy or use of such property that
does not conform with the standards contained herein.
Whereas Section 15.1(3) of the Building Code Act, 1992, S.O., 1992, c.23, as amended,
authorizes the Council of a municipality to pass a by-law prescribing standards for the
maintenance and occupancy of property within the municipality;
And Whereas the Council of the City of Pickering is desirous of repealing By-law
Number 5943/02 and to enact a by-law to prescribe standards for the maintenance and
occupancy of property within the City of Pickering;
And Whereas under Sections 35.3(1) and 45.1(1) of the Ontario Heritage Act, R.S.O.
1990, c.O.18, as amended, a by-law may be passed by the Council of a municipality
prescribing the minimum standards for the maintenance of the heritage attributes of
designated heritage properties within the municipality, and requiring that designated
heritage properties that do not comply with those standards be repaired and maintained
to conform with those standards;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1.Short Title
This By-law may be cited as the "Property Standards By-law".
2.Definitions
In this By-law:
(a)“Accessory Building or Structure” means any Building or Structure which is
separate from or attached to the main Building on the Property on which both are
located and the use of which is an accessory to that of the said main Building or
Property and shall include swimming pools, private greenhouses, decks, garden
structures, patio shelters and carports.
Attachment #1 to Report BYL 04-21
- 35 -
2
(b) “Basement” means that portion of a Building that is partly below grade, which has
half or more of its height, measured from floor to ceiling below the average
exterior finished grade.
(c) “Bathroom” means a room containing a bathtub or shower with or without a toilet
and washbasin.
(d) “Building” means any Structure used or intended to be used for supporting,
enclosing or sheltering any Person, animal, good, equipment, based on its use or
occupancy.
(e) “By-law” means this By-law, as amended from time to time, including any
preamble and any schedules forming part of this By-law.
(f) “Certificate of Compliance” means a written opinion of Property compliance with
the Standards contained in this By-law issued under the Ontario Building Code.
(g) “Committee” means the Property Review Committee established pursuant to the
Building Code Act and this By-law.
(h) “City” means The Corporation of the City of Pickering or the geographical area of
the City of Pickering, as the context requires.
(i) “Council” means the Council of The Corporation of the City of Pickering.
(j) “Dilapidated” means in a state of disrepair or ruin as a result of age or neglect.
(k) “Dwelling” means a Building or Structure, or part of a Building or Structure,
occupied or capable of being occupied, in whole or in part, for the purpose of
human habitation, and includes a Building that would be used, or would be
intended to be used for such purposes except for its state of disrepair, and shall
include every Building on a residential Property other than an Accessory
Building.
(l) “Dwelling Unit” means one or more Habitable Rooms, designed, occupied or
capable of being occupied for the purpose of human habitation.
(m) “Driveway” means the defined area providing access for vehicles from a public or
private street or a lane to a parking area, parking lot, loading space, private
garage, carport, Building or Structure.
(n) “Good Repair” means good working order, capable of being used for the purpose
designed for, and maintained in such a condition so as to be free from any
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danger or hazard and not unsightly by reason of deterioration, damage or
defacement.
(o) “Ground Cover” means organic or non-organic material applied to prevent the
erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass, woodchips,
clover or other forms of landscaping.
(p) “Guard” means a barrier around openings in floors or at the open sides of stairs,
landings, balconies, mezzanines, galleries, raised walkways or other locations
designed to attempt to prevent accidental falls from one level to another.
(q) “Habitable Room” means any room in a Dwelling used, designed to be used, or
capable of being used for living, sleeping, cooking or eating purposes.
(r) “Hard Surface” means asphalt, concrete, or compacted crushed stone or gravel,
granular material or aggregate with an asphaltic or cement binder, or any other
permanent type of surfacing which prevents the raising of dust or loose particles.
(s) “Heritage Approval” means an approval issued by the City related to alteration
work on Heritage Property in accordance with the Ontario Heritage Act.
(t) “Heritage Attribute” means an attribute of the Property that contributes to its
cultural heritage value or interest and that is defined, described or that can be
reasonably inferred:
(i) in a by-law designating a Property passed under Section 29 of the
Ontario Heritage Act;
(ii) in a Minister’s order made pursuant to Section 34.5 of the Ontario
Heritage Act;
(iii) in a by-law designating a heritage conservation district passed under
Section 41 of the Ontario Heritage Act; or
(iv) in the supporting documentation required for a by-law designating a
heritage conservation district, including, but not limited to, a heritage
conservation district plan, assessment or inventory, and identified as a
Heritage Attribute, value, reason for designation or otherwise.
Heritage Attribute also includes the elements, features or Building components,
including roofs, walls, floors, retaining walls, foundations and independent interior
Structures and structural systems that hold up, support or protect the Heritage
Attribute and without which the Heritage Attributes may be at risk.
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(u) “Heritage Property” means Property, including all Buildings, Structures and
features thereon;
(i) that has been designated by the City under Section 29 of the Ontario
Heritage Act, or that has been designated by the Minister under Section
34.5 of the Ontario Heritage Act; or
(ii) that is located within a heritage conservation district which has been
designated by the City under Section 41 of the Ontario Heritage Act.
(v) “Inoperable Vehicle” means a Vehicle that is not in Good Repair and incapable of
being operated on a road. It includes a Vehicle that does not display a valid
Vehicle permit licence plate issued under the Highway Traffic Act, R.S.O. 1990,
c.H8, as amended.
(w) “Means of Egress” includes exits and access to exits and means a continuous
path of travel provided for the escape of Persons from any point in a Building or
in a contained open space to:
(i) a separate Building;
(ii) an open public thoroughfare; or
(iii) an exterior open space protected from fire exposure from the Building and
that has access to an open public thoroughfare.
(x) “Natural Garden” means a defined area of vegetation that has been deliberately
planted or cultivated with species of wildflowers, shrubs, perennials, ornamental
grasses or combinations of them, consistent with a managed and natural
landscape, and includes green roofs.
(y) “Non-Habitable Room” means any room in a Dwelling other than a Habitable
Room, and includes, but is not limited to, a bathroom, laundry, pantry, lobby,
elevator, closet, boiler room, crawlspace, attic, or other space for service and
maintenance of the Dwelling Unit.
(z) “Noxious Weed” means any weed classed as noxious by the Weed Control Act,
R.S.O. 1990, c. W.5, as amended.
(aa) “Nuisance” means a condition or use of a Property which causes or is likely to
cause:
(a) a health, accident, fire or similar hazard; or
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(b) an appearance or use that is out of keeping with or detracts from the
appearance or enjoyment of neighbouring properties.
(bb) “Occupant” means any Person or Persons over the age of 18 years in
possession, care or control of the Property.
(cc) Officer” means an enforcement officer who is employed by the City to enforce the
provisions of the City’s By-laws.
(dd) “Order” means an order issued by an Officer to a Person under this By-law
requiring such Person to perform work to correct a contravention of this By-law.
(ee) “Owner” means the registered owner of the Property.
(ff) “Parking Garage” means a Structure or part thereof used, designed, and
constructed for the storage or parking of more than five (5) Vehicles and which
contains no provision for repair, or servicing of such Vehicles.
(gg) “Person” means an individual, association, firm, partnership, corporation, trust,
incorporated company, corporation created under the Condominium Act, 1998,
S.O. 1998, c.19, as amended, organization, trustee or agent, and the heirs,
executors or other legal representatives of a Person to whom the context can
apply according to law.
(hh) “Plumbing Fixture” means a receptacle or equipment that receives or collects
water, liquids or Sewage and discharges water, liquid or Sewage directly or
indirectly to a drainage system.
(ii) “Property” means a Building or Structure or part of a Building or Structure, and
includes the lands, yards and premises appurtenant thereto and all mobile
homes, mobile buildings, mobile structures, outbuildings, swimming pools, and
erections thereon whether heretofore or hereafter erected, and includes vacant
property and designated Heritage Property.
(jj) “Refuse” includes garbage or rubbish of any kind and, without limiting the
generality of the foregoing, includes a Vehicle that appears by reason of its
appearance, mechanical condition or lack of current licence plates to be
inoperative, inoperative mechanical equipment, automotive and mechanical
parts, appliances, furnaces, heater or fuel tanks, disused furniture, table waste,
paper, cartons, crockery, glassware, cans, garden refuse, earth or rock fill, old or
decayed lumber, material from construction or demolition projects, and old
clothing.
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(kk) “Repair” or “Repaired” includes the making of additions or alterations or the
taking of such action as may be required so that the Property conforms to the
Standards established in this By-law.
(ll) “Sewage” means grey water, any liquid waste containing human, vegetable, or
mineral matter, waste that is in suspension whether domestic or industrial or any
other waste whether in suspension or precipitated, but does not include roof
water or storm run-off.
(mm) “Standards” means the standards of maintenance, physical condition and
occupancy prescribed for Property in this By-law.
(nn) “Structure” means anything that is erected, built or constructed of parts joined
together and attached or fixed permanently to the ground or any other structure.
(oo) “Structurally Sound” means construction capable of withstanding the forces
acting thereon when the Building or Structure is loaded in accordance with the
provisions of the Ontario Building Code and having a factor of safety equivalent
to that required by the Ontario Building Code.
(pp) “Unoccupied Building” means any Building or Structure which is or appears, at
the discretion of an Officer, to be abandoned, vacant, partially vacant, or
unoccupied.
(qq) “Unsafe Condition” means any condition that is likely to cause risk to the life, limb
or health of any Person on or about the Property.
(rr) “Vehicle” includes a motor vehicle, trailer, boat, motorized snow vehicle, or any
other mechanical power driven equipment.
(ss) “Waste Material” means any garbage, Refuse, rubbish, debris, litter, or waste,
which includes any article, thing, matter or effluent that appears to have been
cast aside, discarded or abandoned, or that is or appears to be worthless,
useless or of no practical value, or that is or appears to be expended, worn out,
or used up, in whole or in part, and without limiting the generality of the
foregoing, includes:
(i) refrigerators, freezers or other appliances;
(ii) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or any
part thereof;
(iii) Inoperable Vehicles, Vehicle parts and accessories;
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(iv) paper, cartons;
(v) furniture;
(vi) crockery;
(vii) Sewage;
(viii) salvage materials;
(ix) piping, tubing, conduits, cable and fittings or other accessories, or
adjuncts to the piping, tubing, conduits or cable;
(x) containers of any size, any type or any composition;
(xi) material resulting from, or as part of, construction or demolition projects;
(xii) rubble, inert fill; yard waste, wood, branches and logs;
(xiii) bones, feathers or hides; and
(xiv) metal.
3. Scope
This By-law shall apply to all Property in the City save and except Property
owned by the City, a local school board, or the Regional Municipality of Durham
and any other upper tier Municipality.
4. Interpretation
When reading and interpreting this By-law:
(a) unless otherwise specified, references in this By-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections, clauses and schedules in this By-law;
(b) references in this By-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to time
be amended, extended or re-enacted;
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(c) this By-law shall be read with all changes in gender or number as the
context requires;
(d) references in this By-law to items in the plural include the singular, and
references to the singular include the plural, as applicable; and
(e) the words “include”, “includes” or “including” are not to be read or
interpreted as limiting the words, phrases or descriptions that follow them.
5. Severability
Each and every one of the provisions of this By-law is severable and if any
provision of this By-law should, for any reason, be declared invalid by any court,
it is the intention and desire of this Council that each and every one of the
remaining provisions hereof shall remain in full force and effect.
6. Owner’s Expense
Every provision of this By-law by which an Owner is obligated in any way, shall
be deemed to include the words “at the expense of the Owner and at no expense
to the City” unless the context requires otherwise.
7. Conflict
The provisions of this By-law and of the Building Code Act and the Ontario
Building Code apply to all Property within the City, and any amendments to the
Building Code Act or the Ontario Building Code apply to this By-law, which is
written pursuant to the provisions in that legislation.
8. Compliance with Other Laws
Where a provision of this By-law conflicts with a provision of any other By-law,
statute or regulation in force, the provision that establishes the higher standard to
protect the health, safety and welfare of the general public shall be applicable.
9.. General Maintenance, Repair and Occupancy Standards for all Properties
(a) No person, being the Owner or Occupant of a Property, shall fail to
maintain the Property in conformity with the Standards required in this By-
law.
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(b) No person, being the Owner or Occupant of a Property, shall use, occupy,
or allow, acquiesce or permit the use or occupation of the Property, unless
such Property conforms to the Standards prescribed in this By-law.
(c) The Owner of any Property which does not conform to the Standards in
this By-law shall Repair and maintain the Property to conform to the
Standards or shall clear the Property of all Buildings, Structures, Refuse or
Waste Material and shall leave the Property in a graded and levelled
condition.
(d) Notwithstanding Section 9(c), in the case of Buildings and Structures
located on Heritage Properties, no Owner shall alter, demolish or relocate
the Heritage Property or Heritage Attributes, if the alteration, demolition or
relocation is likely to affect the Property’s Heritage Attributes, unless the
Owner has obtained a building permit with Heritage Approval or other form
of written consent from the City in accordance with the Ontario Heritage
Act.
(e) In the case of a Heritage Property, alternative measures to those
prescribed in this By-law may be considered when the By-law
requirements may be impractical and detrimental to the preservation of
any Heritage Attributes. Said alternative measures shall be approved by
the City.
(f) No Person to whom an Order is issued pursuant to this By-law, shall fail to
comply with the Order.
(g) No Owner of any Property, having received an Order to demolish
respecting a Property pursuant to this By-law, shall fail to comply with the
Order.
(h) This By-law does not apply to matters, which, in the opinion of the City,
are minor in nature.
(i) Where, in the opinion of an Officer, there has been no substantial
progress on the construction or demolition of a Building, Structure, or
portion thereof for a period of more than one (1) year, such Building,
Structure, or portion thereof shall be:
(a) demolished in accordance with all applicable statues, regulations
and by-laws, or;
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(b) completed within a reasonable time as specified by the Officer, in
accordance with applicable statutes, regulations and by-laws,
including this By-law.
(c) A statement certified by the Chief Building Official or an Officer that
a permit issued under the Building Code Act was revoked under
clause 8(10)(c) of the Building Code Act is receivable in evidence
as proof, in the absence of evidence to the contrary, that there has
been no substantial progress on the construction or demolition of
the Building, Structure, or portion thereof that was the subject of the
permit, for a period of more than one (1) year.
(j) Whenever landscaping, parking areas, walkways, steps, hedges, trees,
fences, curbs, or similar changes to Property have been required by the
City as a condition of development or redevelopment, and are listed on the
most current site plan filed and approved by the City, such works shall be
undertaken and maintained so as to ensure continuous compliance with
the City site plan requirements.
(k) This By-law does not apply so as to prevent a farm from carrying out a
normal farm practice as provided for and defined under the Farming and
Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended.
10. Work Standards
All Repairs and maintenance of Property required by the provisions of this By-law
shall be carried out in a manner accepted as the applicable standard of good
workmanship in the trades concerned and with materials suitable and sufficient
for the purpose intended and carried out in accordance with the industry
specifications and requirements. This includes a requirement for materials to be
reasonably compatible in design and colour with adjoining decorative finishing
materials.
Exterior Standards
Maintenance of Property
11. (a) All Properties shall be kept clean and free of Refuse and Waste Material,
and free from objects or conditions that may create an Unsafe Condition.
(b) All properties shall be kept free of any conditions which may directly or
indirectly cause damage to any Municipal or Regional infrastructure.
12. All Properties shall be free of Dilapidated or collapsed Structures.
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13. All Properties shall be kept clean and free from termites, wood eating insects,
rodents, vermin and other pests and any condition which might result in the
harbouring of such pests.
14. All Properties, except those used in connection with active agricultural
operations, shall be protected by Ground Cover which prevents erosion of the
soil.
15. Plants, vegetation and grass shall be kept trimmed or maintained so as not to
become a Nuisance. Heavy undergrowth and Noxious Weeds shall be
controlled.
16. Hedges, trees or other plantings shall be maintained in a living condition, and
shall be removed within a reasonable time after their death.
17. A tree that is dead, or part of a tree that is dead, or in a decayed or damaged
condition and has been identified by a qualified arborist as a potential hazard to
Persons or Property shall be removed as soon as possible.
18. Residential Properties may have a maximum of two compost heaps, located in
the rear yard, setback a minimum of 1m from the Property line, and not
exceeding 1 square metre in area, no higher than 1 .2 metres and kept on a
Property in an enclosed structure of concrete blocks, lumber, metal or a
commercial plastic compost container which does not allow offensive odours to
effect the surrounding neighbourhood or attract rodents, vermin, pests or other
animals to the Property.
Accessory Buildings and Structures
19. An Accessory Building or Structure shall be maintained in Good Repair and free
from objects or conditions that may create an Unsafe Condition.
Craneways, Gantries, Lightning Arrestors, Television and Radio Antennae and
Structures of Similar Character
20. Craneways, gantries, lightning arrestors, television and radio antennae, masts
and structures of similar character shall be kept in Good Repair and free from
objects or conditions that may create an Unsafe Condition.
Retaining Walls
21. All retaining walls, screen walls and ornamental walls shall be constructed of
durable material and shall be maintained in Good Repair and Structurally Sound
condition.
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Wells, Cisterns, Cesspools, or Excavations
22. (a) Abandoned or unused wells, cisterns, cesspools, and every excavation,
hole, trench, or ditch that presents a hazard to the health or safety of any
Person, shall be filled with fill material suitable for the purposes of
eliminating the hazard and made level with the surrounding grade, or if in
active use, secured by fencing and identified with warning signs until the
use has ceased, whereupon it shall be sealed or secured as required.
(b) All wells shall be capped with a structurally secure material such as
concrete or similar material and shall be maintained in Good Repair.
Parking, Walkways and Driveways
23. All Hard Surfaced walkways, parking areas, Driveways or laneways shall be
evenly graded and maintained to prevent holes, deep ruts, ponding, an unsightly
appearance and allow safe passage under normal use and weather conditions.
Garbage Receptacles
24. Commercial, industrial, institutional and multi-residential Properties with external
garbage and recycling storage areas, including areas located within a Building,
shall be enclosed by a Refuse enclosure approved by the City, as required per
site plan.
25. Every Owner shall provide and maintain sufficient garbage receptacles to contain
all garbage, Refuse, recyclable materials and waste that may accumulate on the
Property between regular collection days and must store receptacles in a side
yard, rear yard, or in an enclosed structure.
26. Garbage Receptacles shall be made of metal or plastic or other material of water
tight construction, provided with a tight fitting cover, maintained in Good Repair
and shall be kept closed, or emptied rinsed and cleaned when not in use to
prevent the escape of offensive odours.
26. Garbage and rubbish shall not be allowed to accumulate and shall be removed or
made available for removal in accordance with applicable waste collection by-
laws.
27. Where commercial, industrial, or multi-residential on-site garbage containers are
visible from a public street or land, or residential Properties, the areas shall be
screened from public view.
28. Plastic garbage bags shall not be stored outdoors, except in accordance with the
placement of Refuse in plastic bags for collection at the curbside during the times
and days permitted in the applicable waste collection by-law.
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Swimming Pools
29. All swimming pools, above ground and inground, wading pools, and artificial
ponds, and any equipment, accessories or parts thereof, shall be maintained in
Good Repair, free from leaks, mechanical or structural issues, or any other
defects.
30. Derelict or abandoned swimming pools (whether aboveground or inground) shall
be drained and removed or filled and the Property left in a graded and leveled
condition.
Exterior Equipment
31. All exterior equipment, including air conditioning units, pool and hot tub
equipment, heat pumps, generators, etc., must be maintained in Good Repair
and operate in accordance with product specifications, including noise limits.
Exterior Lighting
32. Exterior lighting shall be installed and maintained so as to prevent the light
source from being intentionally directed into a Dwelling Unit.
33. All fixtures and connections thereto shall be kept in a state of Good Repair.
Vehicles
34. No Vehicle shall be used for the storage of Refuse, Waste Material, inoperable
equipment, materials, appliances, or similar items.
35. No dismantled or wrecked Vehicles, including Inoperable Vehicles, trailers, boats
or mechanical equipment shall be parked, stored or left on a Property except
within a fully enclosed Building or Structure.
Snow Removal
36. All private Property containing multiple occupancy residential Buildings, and all
areas of commercial, industrial and institutional Property that the general public
has access to shall be maintained as follows:
(a) All ramps and access routes leading to garages shall be kept free from ice
and snow;
(b) Mechanical de-icing equipment for ramps and access routes shall be kept
in Good Repair;
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(c) All walkways, stairways and access routes to and from buildings shall be
kept free from ice and snow and hazards at all times; and
(d) All exterior parking areas, fire routes, including laneways, shall be kept
free from accumulations of ice and snow at all times.
Hoarding
37. All hoarding shall be maintained in a Structurally Sound, secure manner, neatly
painted or otherwise treated, and kept free of signs and posters unless such
signs and posters are authorized by the City.
Lot Grading and Storm Water
38. Storm water, including storm water discharged from a roof, shall be drained so as
to prevent recurrent standing water, erosion, or other damage on the Property or
an adjoining Property.
39. Discharge from a sump pump or an air conditioner shall not be permitted to
discharge on adjoining Property, a sidewalk, road allowance or stairway.
40. No fill shall be allowed to remain in an unleveled state on any Property for longer
than 30 days, unless the property is an active construction site for which a
building permit is in effect.
Building Exterior
Structural Capacity
41. Every part of a Property, Building or Structure, shall be maintained in Good
Repair and Structurally Sound condition, so as to be capable of sustaining its
own weight, and any additional load to which it may normally be subjected, and
to prevent the entry of moisture that would contribute to damage, fungus growth,
decay or deterioration.
42. Materials forming part of a Building or Structure, which show damage or
evidence of decay or other deterioration shall be Repaired or replaced.
Exteriors
43. All exterior surfaces, including but not limited to, those that have been painted,
stained, varnished, or which are comprised of masonry, metal, cladding or
stucco, or have other protective finishes, shall be maintained in Good Repair.
44. Every unenclosed porch or unenclosed balcony, and every exterior and common
area shall be kept free of Refuse and W aste Materials.
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45. In the event of fire, storm damage or other disaster, subject to Section 46,
measures shall be taken as soon as possible to restore the damaged Building or
Structure to a state of Good Repair.
46. In the event the Building or Structure cannot be restored to a state of Good
Repair, then the Building or Structure shall be demolished and the land shall be
cleared of all remains and left in a graded, level and tidy condition.
Roofs and Roof Structures
47. The roof of a Building or Structure shall be kept:
(a) in Good Repair;
(b) free from any Unsafe Condition; and
(c) free from hazardous accumulations of ice and snow.
48. The following shall be kept in Good Repair and free from any Unsafe Condition:
(a) roof decks, soffits, fascia and related Guards;
(b) every eavestrough, roof gutter and downpipe;
(c) chimneys, smoke or vent stacks; and
(d) other roof Structures.
Exterior Walls, Columns and Beams
49. The exterior wall of a Building or Structure shall be kept:
(a) in Good Repair; and
(b) free from any Unsafe Condition.
50. Exterior columns, beams and decorative trim shall be maintained:
(a) in Good Repair; and
(b) free from any Unsafe Condition.
Exterior Doors, Windows and Other Openings
51. Rotted or damaged doors, door frames, window frames, weather-stripping,
sashes and casing, trim, broken glass and missing or defective door and window
screens or hardware shall be Repaired or replaced.
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52. Exterior windows, shutters, doors, skylights, hatchways and all other exterior
openings in a Building or Structure shall be kept in Good Repair and free from any
Unsafe Condition.
Exterior stairs, Verandahs, Porches, Decks, Loading Docks and Balconies
53. Every exterior stair, verandah, porch, canopy, deck, loading dock, balcony and
every appurtenance attached thereto, including Guards, railings and supporting
structural members, shall be kept in Good Repair and free from any Unsafe
Condition.
54. Every exterior stair, verandah, porch, deck, ramp, or balcony shall be kept free of
Refuse, Waste Materials, furniture or appliances, except for outdoor furniture on
an exterior balcony, verandah, porch or deck.
55. All decks, exterior stairs, verandahs, porches, balconies, loading docks, or
platforms, where there is a difference in elevation between adjacent levels of
600mm or more, shall be protected by a Guard, fence or railing in accordance
with the Building Code Act.
Foundation
56. Every foundation forming a part of a Building or Structure shall be kept in Good
Repair so as to prevent settlement detrimental to the safety or the appearance of
the Building or Structure and so as to prevent the entrance of moisture, insects or
rodents into the Building or Structure.
Sewage and Drainage
57. Inadequately treated Sewage shall not be discharged onto the surface of the
ground, or into a natural or an artificial drainage system.
58. Rain water downspouts and eavestroughs shall not be discharged directly onto
sidewalks, stairs or any adjacent Property.
59. Storm water shall be drained from the Property so as to prevent:
(a) the collection of stagnant water; and
(b) its entrance into a basement or cellar.
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Building Interior
Unoccupied Buildings
60. In addition to complying with all other applicable provisions of this By-law, where
any Building is an Unoccupied Building, the owner shall protect the Building
against the risk of fire, storm, neglect, intentional damage, accident, or other
danger/damage by preventing the entrance of the elements, unauthorized
Persons or the infestation of injurious insects or rodents, to the satisfaction of the
Officer.
61. (a) Where a Building remains an Unoccupied Building or vacant, the Owner
shall ensure that all utilities servicing the Building are properly
disconnected or otherwise secured, to prevent accidental damage to the
Building or adjacent Property.
(b) Section 61(a) of this By-law does not apply where utilities are necessary
for the safety or security of the Building or to protect a Heritage Property
or Heritage Attribute.
62. Where the minimum Standards imposed by Section 60 of this By-law have, more
than once, failed to exclude unauthorized entry and/or where the Owner’s lack of
control, attendance or security measures to protect the Unoccupied Building
warrant, in the opinion of the Officer, use of a more secure option, then the Owner
shall supply such measures, as may be required by the Officer.
63. Where the Building has been boarded up, the Owner shall ensure that the
materials used are covered and maintained with a preservative that is the same
colour as the exterior finish of the Building.
64. An Unoccupied Building must be inspected at least every 14 days by the Owner
or their agent to ensure compliance with the provisions of this By-law.
Parking Garages
65. Parking Garages shall be:
(a) kept free from any Unsafe Condition and shall be maintained in Good
Repair and in accordance with the requirements of the Ontario Building
Code;
(b) adequately lighted, with lighting fixtures protected from accidental or
malicious damage by the provisions of wire screens or by other suitable
means;
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(c) free from wrecked, discarded or abandoned machinery, boats, Vehicles,
trailers or parts thereof;
(d) maintained so as to prevent the accumulation of toxic fumes and the
escape of toxic fumes into the Building; and
(e) provided with clean, clear, unobstructed Means of Egress and readily
visible exit signs.
Health and Occupancy
66. A Building shall be kept free of rodents and vermin at all times and methods for
exterminating rodents or vermin or both shall be in accordance with all applicable
legislation, including any City By-laws.
67. Interior floors, ceilings and hallways shall be kept free from dampness by means
of floor drains, ventilation or other approved means.
68. Every Habitable Room shall have a minimum ceiling height in accordance with the
Ontario Building Code.
69. A Building used for human habitation shall be insulated to minimize heat loss, air
filtration, and moisture condensation on interior surfaces of walls, ceilings and
floors as required by the Ontario Building Code.
Demolition
70. No Owner shall permit a Building, Accessory Building, fence or Structure on the
Property to be demolished without clearing the site of all foundation, Waste
Material, masonry, lumber and other materials and leaving the property in a
graded and leveled condition ready for ground cover forthwith after demolition.
71. No Owner shall permit any foundation, Waste Material, masonry or lumber to
remain on the Property, on which a Building, fence or Structure has been
destroyed by fire or demolished.
72. No Person shall demolish, or cause to be demolished, a Building or Structure
without taking every precaution to protect adjoining Properties and members of
the public. For the purpose of this Section, such precautions shall include, but
are not limited to, the erection of fences, barricades, covered walkways for
pedestrians and all other means of protection necessary for the purpose.
73. Building permits and other municipal approvals may be required for any
demolition.
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Means of Egress
74. Every Building shall provide a safe and direct unobstructed Means of Egress
from the interior of such Building to an exit at street or grade level without the
necessity of passing through any room(s) occupied by or under the control of any
other Person.
75. A Means of Egress as referred to in section 74, shall not pass through an
attached garage, a built-in garage, or an enclosed part of any other Building.
76. All safety equipment and lighting relating to exits and Means of Egress shall be
kept in Good Repair.
77. Interior and exterior barrier free access equipment for persons with disabilities,
where installed or required by the Ontario Building Code or as a condition of
development or re-development, shall be maintained in a state of Good Repair,
operational and suitable for use by persons with disabilities.
78. Exterior stairs and fire escapes shall be maintained in a state of Good Repair and
kept free of ice, snow and debris.
Stairs, Porches and Landings
79. Every inside stair and every appurtenance to it shall be Structurally Sound and
kept in Good Repair.
Elevators
80. Elevating devices in a Building, including all parts, lighting fixtures, lamps,
elevator buttons, floor indicators and ventilation fans shall be maintained in Good
Repair and operational.
81. All elevating devices, including elevators, dumb-waiters, hoists, escalators,
incline lifts and other elevating devices, shall be installed and maintained in Good
Repair, and in compliance with all applicable regulations.
Interior Surfaces including Walls, Floors and Ceilings
82. Exposed interior surfaces shall be kept:
(a) in Good Repair;
(b) clean, for normal use or occupancy of the room, passageway, enclosure or
space;
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83. Repairs made to the interior walls, floors and ceiling of a Dwelling shall be
completed in a manner consistent with construction industry standards and each
Repair is finished to match the existing wall, floor or ceiling.
84. Common areas of Buildings shall be maintained in Good Repair and kept free of
health, fire and accident hazards and defacement.
Doors, Windows and Skylights
85. Interior windows, skylights, doors and door frames and all related hardware shall
be kept in Good Repair.
86. Interior doors and door frames, including automatic door closures and all
necessary hardware shall be maintained in Good Repair to ensure the proper
operation and integrity of the door and the door shall be a proper fit in its frame.
87. Doors connecting Dwelling Units to the exterior or to an entrance or exit shared in
common with other Dwelling Units shall have locking devices and other necessary
hardware installed and maintained in Good Repair. Access doors shall afford the
Occupants of the Dwelling Units with a reasonable degree of privacy and safety
and prevent the entry of drafts into the Dwelling Unit.
88. In the common area of a multi-unit Dwelling, missing, cracked and broken glass in
door panels, glass screens, and windows are to be replaced with glass or similar
materials that are of equivalent quality to the existing materials.
89. In multi-unit Dwellings, interior glazed doors, windows and other transparent
surfaces in those parts of the Building used by the tenants in common are to be
kept in a reasonably clean condition.
90. In multi-unit Dwellings, every window (or any part thereof) that is located 2 metres
or more above the finished grade of land upon which it faces, that is capable of
being opened and does not lead to a balcony, shall be equipped with a safety
device capable of controlling the free swinging or sliding of an openable part of a
window so as to limit any clear unobstructed opening to no more than 10 cm
measured either vertically or horizontally where the other dimension is greater
than 38 cm.
91. All openable windows and exterior doors shall be provided with the means of
being latched or secured from within.
92. All windows in a Dwelling Unit that can be (or are required to be) openable shall
be provided with screening to effectively prevent the entry of insects.
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Lighting
93. Adequate lighting fixtures shall be installed and maintained in all areas so that
activities normally carried out in such areas can be undertaken in safety.
94. Artificial lighting shall be provided and kept in Good Repair in every stairway,
exterior exit and entrance doorway, kitchen, basement, laundry room, utility room,
hall and passageway, in every room in which Plumbing Fixtures are installed, and
in every furnace room and boiler room.
Heating Systems
95. It is the responsibility of the Owner that all heating and mechanical systems, and
their components are installed, operational and maintained in Good Repair,
unless stated in a lease document.
96. Only heating equipment approved for use by a recognized standards and testing
authority shall be provided in a room used or intended for use for sleeping
purposes.
97. Every Dwelling Unit shall have heating equipment capable of maintaining a
temperature of 20 degrees Celsius or in accordance with the Residential
Tenancies Act, 2006, S.O. 2006, c. 17, as amended.
98. No rental residential Dwelling Unit shall be equipped with portable heating
equipment as the primary source of heat.
99. A room heater shall be placed so as not to cause any Unsafe Condition.
100. Fireplaces and similar installations used or intended to be used for burning fuels
in open fire shall be connected to an approved chimney and shall be installed so
that adjacent combustible materials and any structural supports shall not be
heated so as to cause any Unsafe Condition.
101. Fuel burning appliances shall:
(a) comply with all standards set out in the Ontario Building Code, Ontario
Fire Code, Technical Standards and Safety Act, 2000, S.O. 2000, c. 16,
as amended, and any other applicable legislation;
(b) have ample air supply to permit combustion to occur;
(c) be located in such a manner as to prevent impediment to the free
movement of Persons and the overheating of adjacent materials and
equipment; and
(d) be provided with Guards where necessary to minimize risk of accidents
and fire hazards.
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102. Where a heating system, heating equipment or any auxiliary heating units burn
solid or liquid fuel, a place or receptacle adequate for the storage of such fuel
shall be provided and maintained in an authorized location and shall be
constructed and kept free of any Unsafe Condition.
103. An appliance that burns fuel shall be effectively vented to the outside air by
means of a chimney, a flue, vent pipe or as otherwise may be permitted by the
Ontario Building Code, except that such venting is not required for appliances
that are designed, constructed and used so as not to require venting.
104. All connections between:
(a) heating equipment; or
(b) cooking equipment that burns or is designed or intended to burn liquid or
gaseous fuel, and
(c) the source of liquid or gaseous fuel
shall be kept in Good Repair.
105. Every Dwelling Unit shall be constructed and protected so as to prevent the
passage of smoke, fumes and gases from that part of the Dwelling that is not
used, designed or intended to be used for human habitation into other parts of
the Dwelling in conformance with the requirements of the Building Code Act and
its regulations.
106. Every chimney, smoke pipe and vent shall be installed and maintained in Good
Repair so as to prevent the escape of smoke or gases into the Dwelling and it
shall be kept clear of obstructions, without open joints and broken or loose
masonry.
Electrical Systems
107. The capacity of the connection to the Building and the system of circuits
distributing the electrical supply within the Building shall be adequate for the use
and intended use and shall be in compliance with all applicable legislation and
regulations.
108. Electrical wiring, cords, circuits, fuses, circuit breakers, electrical equipment and
electrical heating systems shall be installed and kept in Good Repair and free
from any Unsafe Condition. Extension cords shall not be used on a permanent
basis.
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109. At the discretion of the Officer, a Building or Structure may be subject to a
general inspection by the Electrical Safety Authority and inspection fees shall be
paid by the Owner. Furthermore, at the discretion of the Officer, a Certificate of
Inspection from the Electrical Safety Authority shall be provided to the Officer in
order to confirm that works and Repairs have been completed per the Electrical
Safety Code and/or any other relevant legislation.
Water Supply
110. Every Building shall be provided with an adequate supply of potable water from a
source approved by the Medical Officer of Health, in accordance with the
appropriate provincial legislation applicable to its commercial, industrial,
institutional or residential use.
111. Adequate running water shall be supplied to every toilet and sanitary unit.
Plumbing and Fixtures
112. All plumbing, Plumbing Fixtures and drainage and sewage disposal systems
shall be installed and kept:
(a) in accordance with the requirements of the Building Code Act and its
regulations;
(b) without cross connections to the potable water supply and to prevent
cross contamination;
(c) protected from freezing;
(d) provided with an adequate supply of running water; and
(e) in Good Repair.
113. Toilet rooms shall be located and enclosed so as to provide both accessibility
and privacy.
114. Toilet rooms shall be regularly cleaned so as to be maintained in a clean and
sanitary condition.
115. Bathrooms and toilet rooms shall be kept in Good Repair and in a sanitary
condition.
Ventilation
116. Ventilation shall be provided to, and maintained and operated in all rooms and
spaces within a Building so as to prevent accumulations of heat, dust, fumes,
gases, including carbon monoxide, vapours, and other contaminants which may
create a fire, explosion, toxic hazard or Unsafe Condition.
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117. Every Bathroom or toilet room shall be provided with an opening or openings for
natural ventilation located in an exterior wall or through moveable parts of the
skylights providing a minimum aggregate unobstructed free flow area of 0.3
square metres, provided, however, that an opening for natural ventilation may
be omitted where a system of mechanical ventilation has been provided, such
as an electric fan with a duct leading to outside the Building which operates
continuously or is activated by the light switch for the Bathroom or toilet room, or
by other approved means.
118. Where an aperture such as a window, skylight or louvre is used for ventilation,
the aperture shall be maintained so as to be easily opened, kept open or closed.
119. Every attic, Basement, cellar and unheated crawl space shall be adequately
vented to the outside air. These areas shall be deemed to be adequately
vented when in a Basement or cellar, windows which can be opened or
screened openings are provided.
120. Every mechanical ventilation system or air conditioning shall be cleaned
regularly and maintained in Good Repair.
121. Air conditioning shall be equipped with adequate devices to prohibit
condensation drainage onto entranceways, sidewalks or pathways.
122. Where a ventilation system is installed, it shall be maintained so as to prevent,
in an emergency, the rapid spread of heat, flame or smoke through the system.
123. Air for ventilation purposes shall be taken from the exterior of the Building or
shall be quality controlled.
124. When an exterior opening is used or required for ventilation or illumination and
is not required to be protected by a door, window or similar closure, it shall be
protected with:
(a) mesh screening, metal grills, or other equivalent durable rust proof
material, or
(b) other protection so as to effectively prevent the entry of rodents, large
insects or vermin.
125. Air intake openings shall be located so as to minimize the possibility of fire,
smoke, fumes or foreign matter being drawn into the Building and shall provide
air from an uncontaminated source.
126. Exhaust openings shall be located so that the exhaust air will not create an
Unsafe Condition.
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127. Exhaust air, the contents of which may contain odours, fumes or vapours, shall
not be circulated to other occupied spaces within a Building or Accessory
Building.
128. Within a multi-unit Dwelling, every laundry room, garbage room, corridor, boiler
room, storage garage and all common areas of a Building shall be adequately
ventilated by mechanical or natural means.
Residential Properties - Additional Standards
Maintenance of Yards
129. Any Vehicles, including a trailer or boat, or mechanical equipment, which is in a
wrecked, discarded, dismantled or abandoned condition shall not be parked,
stored or left in a yard of a Property.
130. There shall be a surfaced pedestrian walkway with a minimum width of 1.2
metres leading from every dwelling unit to the street. A surfaced Driveway in
excess of 2.5 metres in width may form part of the walkway.
Egress
131. Every Dwelling Unit shall have direct primary access to a safe, continuous and
unobstructed exit from the interior of the Building to its exterior at street or grade
level.
132. The direct access referred to in section 131 shall not pass through any other
Dwelling Unit.
133. All doors located along the access route referred to in section 131 shall be
constructed so as to be readily opened, without the use of a key, preferably in the
direction of exit travel.
Plumbing Fixtures
134. Every Dwelling Unit shall contain Plumbing Fixtures consisting of at least:
(a) a toilet;
(b) a kitchen sink;
(c) a wash basin; and
(d) a bathtub or shower.
Kitchen Facilities
135. Every Dwelling Unit shall contain a kitchen area equipped with the following:
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(a) a kitchen sink serviced with hot and cold potable running water, connected
to a drainage system, and surrounded by surfaces impervious to grease
and water;
(b) a counter or work area of at least .55m in depth and at least 1.8 m in
length (inclusive of the sink) and covered with a material that is impervious
to water and grease and is easily cleanable;
(c) suitable storage area of not less than 0.23 m3 (8 cubic feet) of which there
shall be at least 1.0 m (3 feet) in width of cabinet front, of sufficient
strength that they will not collapse, tip or, if fastened to the wall, become
detached when filled; and
(d) cooking and refrigeration appliances (including suitable electrical or gas
connections thereto) when supplied by the landlord.
136. Any cooking apparatus shall have at least 0.6 metres clear space above any
exposed cooking surface.
137. All kitchen countertops, cabinets and appliances shall be maintained in Good
Repair.
Bathrooms and Toilet Rooms
138. All Bathrooms and toilet rooms shall be located within, and accessible from,
inside the Building.
139. All Bathrooms and toilet rooms shall be fully enclosed and maintained so as to
provide privacy for the occupant.
140. The floor and the walls, to a minimum height of 0.9 m above the floor or bathtub
of every bath or shower room and toilet room shall be water-resistant and readily
cleaned.
141. Every Bathroom or toilet room shall have a permanently installed working
artificial light fixture.
142. Every sink, wash basin, bathtub or shower shall have an adequate supply of hot
and cold running water.
Security
143. Doors which allow access to or egress from a Dwelling Unit shall be equipped
with a lock that complies with the Ontario Building Code and Fire Code, and is
maintained in Good Repair.
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144. In multiple occupancy Buildings, doors connecting Dwelling Units to an entrance
or exit system shared in common with other Dwelling Units shall have locking
devices in Good Repair. Access doors, as above, shall afford the occupants of
the Dwelling Unit with a reasonable degree of privacy and safety.
145. All windows in Dwelling Units contained in multiple occupancy Buildings shall be
screened, and latched or secured in order to prevent their removal or opening by
small children.
146. Exterior security locking and release, and voice communication systems, when
provided, shall be maintained in Good Repair.
Non-Residential Properties - Additional Standards
Maintenance of Yards
147. No Vehicles, trailers, boats or mechanical equipment which is in a wrecked,
discarded, dismantled or abandoned condition shall be parked, stored or left in a
yard of a Property unless such Vehicle, trailer or mechanical equipment is
required for a lawful business purpose.
148. Where a lawful business requires outdoor storage for any purpose, and such
outdoor storage is permitted, the area shall be defined and enclosed with a fence
according to the requirements of the site plan and applicable by-laws of the City.
149. All outdoor salvage yards shall be obscured by screening. Such screening shall
be of uniform construction and meet the requirements of the site plan and
applicable by-laws of the City.
Heating Systems
150. A heating system shall be provided in a non-residential Building, kept in Good
Repair and free from any Unsafe Condition.
151. In non-residential Buildings where Persons are employed in duties and
operations in an enclosed space or room, a heating system shall be provided
capable of maintaining, during normal hours of occupancy sufficient heat to
maintain an average room temperature between 20°C and 26°C.
Ventilation
152. Sufficient ventilation shall be provided to all parts of a Building so as to prevent
accumulations of heat, dust, vapours, odours, carbon monoxide and other gases
likely to create an Unsafe Condition.
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153. If mechanical ventilation is provided it shall change the air at least once each
hour and, if necessary, more frequently.
Toilet Room Facilities
154. Buildings where people work shall have toilet rooms supplied with hot and cold
running water in accordance with the Occupational Health and Safety Act, R.S.O.
1990, c. O.1, as amended, located in an enclosed room or rooms that are
conveniently accessible to employees.
155. Each toilet room shall be provided with toilet paper, soap, individual paper towels
or other means of drying, and suitable deodorizing material.
156. All toilet rooms shall be fully enclosed and with a door capable of being locked so
as to provide privacy for the Persons using such.
Heritage Properties And Heritage Attributes
Maintenance of Heritage Properties and Heritage Attributes
157. In addition to the Standards as set out in this By-law, the Standards listed in this
Section shall apply to the maintenance and security of all Buildings and
Structures of a Heritage Property.
158. The Owner of a Heritage Property shall:
(a) maintain, preserve and protect the Heritage Attributes so as to retain the
heritage character, and the visual and structural heritage integrity of said
Heritage Property; and
(b) maintain the Heritage Property, including those components of the
Heritage Property that hold up, support or protect the Heritage Attributes
in a manner that will ensure the on-going protection and preservation of
the existing Heritage Attributes.
Al terations of Heritage Attributes
159. Notwithstanding any other provision of this By-law, in the case of Buildings and
Structures of a Heritage Property, no Person shall alter the Heritage Property or
permit the alteration of the Heritage Property if the alteration is likely to affect the
Property’s Heritage Attributes, unless the Owner has obtained a building permit
with Heritage Approval or other form of written consent from the City in
accordance with the Ontario Heritage Act.
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Repair and Replacement of Heritage Attributes
160. Notwithstanding any other provision of this By-law, where a Heritage Attribute
can be Repaired, the Heritage Attribute shall not be replaced. Said Repair shall
be conducted, following approval by the City:
(a) in a manner that minimizes damage to the Heritage Attribute and is
consistent with recognized conservation standards, best practices and
processes for the conservation of built heritage resources;
(b) in a manner that maintains the design, finishes, form, physical
appearance, colour, texture, grain and other distinctive features and
qualities of the Heritage Attribute; and
(c) using the same types of material as the original material being Repaired
and in keeping with the design, finishes, form, physical appearance,
colour, texture, grain and other distinctive features and qualities of the
original material. Where the same types of material as the original
material are no longer available, alternative materials may be used,
subject to review and approval by the City, so long as said materials
replicate the design, finishes, form, physical appearance, colour, texture,
grain and other distinctive features and qualities of the original material.
161. Notwithstanding any other provision of this By-law, and subject to all provisions
of the Ontario Heritage Act and the Building Code Act, no Heritage Attribute shall
be replaced unless it can be demonstrated, to the satisfaction of the City, that the
Heritage Attribute cannot be Repaired. Said replacement shall be conducted
using the same types of material as the original material in a manner that
replicates the design, finishes, form, physical appearance, colour, texture, grain
and other distinctive features and qualities of the Heritage Attribute being
replaced to the satisfaction of the City. Where the same types of materials as the
original material are no longer available, alternative or substitute materials and
finishes may be used, subject to review and approval by the City, so long as said
materials replicate the design, finishes, form, physical appearance, colour,
texture, grain and other distinctive features and qualities of the original material.
Unsafe
162. Where a Building or Structure of a Heritage Property has been deemed to be in
an Unsafe Condition by the City and the necessary remedial measures to
address the Unsafe Condition of the Building or Structure are being undertaken,
the Owner shall ensure that all necessary measures are taken to protect all
Heritage Attributes on the Heritage Property and prevent damage or further
damage to said Heritage Attributes.
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163. If, in the opinion of the Officer, there is doubt as to the structural condition and
adequacy of a Building or Structure or parts thereof of a Heritage Property, the
Officer may order that such Building or Structure or parts thereof be examined by
both a Professional Engineer and a member of the Canadian Association of
Heritage Professionals, at the expense of the Owner. The professionals shall be
employed by the Owner or authorized agent. The professionals shall complete
and submit written report(s) to the Officer, which shall include details of the
findings of such examination and drawings for any recommended remedial work.
All recommended remedial work shall be undertaken under a building permit to
the satisfaction of the City.
Demolition
164. Notwithstanding any other provision of this By-law, no Building or Structure of a
Heritage Property may be altered or cleared, including, but not limited to,
removed, demolished or relocated, except in accordance with the Ontario
Heritage Act, under the provisions of the Ontario Building Code, and to the
satisfaction of the City.
165. Upon completion of demolitions and removals of any Building or Structure of a
Heritage Property in accordance with Section 164, the affected site shall be
cleared and cleaned of debris, graded, left free from holes or excavations, and
provided and maintained with suitable Ground Cover to the satisfaction of the
City.
Conflict
166. Notwithstanding any other provision of this By-law, if there is a conflict between:
(a) the Ontario Heritage Act and the Ontario Building Code, the Act which has
the highest standard for the protection of Heritage Attributes shall prevail;
and
(b) a provision of this By-law and any other provision in this By-law or other
City by-law, the provision that establishes the highest standard for the
protection of Heritage Attributes shall prevail.
Administration And Enforcement
Administration
167. This By-law, and the applicable provisions of the Building Code Act, shall be
administered and enforced by an Officer.
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General Provisions
168. No Person shall obstruct the visibility of an Order and no Person shall remove a
copy of an Order posted on the Property under this By-law unless authorized to
do so by an Officer.
169. Where a provision of this By-law conflicts with a provision of any other by-law of
the City or any applicable statute or regulation, the provision that establishes the
highest standard to protect the health, safety and welfare of the general public
shall prevail.
170. No Person shall hinder or obstruct or attempt to hinder or obstruct, an Officer
conducting an inspection or a Person performing corrective works under this By-
law.
171. Where an Officer has reasonable grounds to believe that an offence has been
committed by a Person, the Officer may require the name, address, and proof of
identity of that Person, and the Person shall supply the requested information.
172. Any cost incurred by the City in exercising its authority to inspect under sections
173 to 175 including but not limited to the cost of any examination, test, and
sample or photography necessary for the purpose of the inspection, shall be paid
by the Owner of the Property.
Power of Entry and Inspections
173. Pursuant to the Building Code Act, an Officer may, upon producing proper
identification, enter upon any Property at any reasonable time without a warrant
for the purpose of inspecting a Property to determine:
(a) whether the Property conforms to the Standards prescribed in this By-law;
(b) whether an Order made under this By-law has been complied with;
(c) whether an Order made under Section 15.7 of the Building Code Act, as
amended, has been complied with; and
(d) to complete work required in an Order, accompanied by any Persons
necessary to complete the work.
174. An Officer shall not enter inside a Dwelling unless:
(a) the consent of the Occupant is obtained, the Occupant first having been
informed that the right of entry may be refused and entry made only under
the authority of a warrant issued under the Building Code Act;
(b) a warrant issued under the Building Code Act is obtained;
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(c) the delay necessary to obtain a warrant or the consent of the Occupant
would result in an immediate danger to the health or safety of any Person;
or
(d) the entry is necessary to terminate a danger under Section 15.7(3) of the
Building Code Act.
175. For the purpose of an inspection, an Officer may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any Person concerning a matter related to the
inspection including their name, address, phone number and identification;
(d) be accompanied by a Person who has special or expert knowledge in
relation to a Property or part thereof;
(e ) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection; and
(f) order the Owner of the Property to take and supply at the Owner’s
expense such tests and samples as are specified.
Orders
176. An Officer who finds that a Property does not conform with any of the Standards
prescribed herein, may make an Order,
(a) stating the municipal address or the legal description of such Property;
(b) giving reasonable particulars of the Repairs to be made, prohibiting
occupancy and/or or stating that the Property is to be cleared of all
Buildings, Structures, debris or Refuse and left in a graded and levelled
condition;
(c) indicating the time for complying with the terms and conditions of the
Order and giving notice that, if the Repair or clearance is not carried out
within that time, the City may carry out the repair or clearance at the
Owner’s expense; and
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(d) indicating the final date for giving notice of appeal from the Order.
Service
177. The Order shall be served on the Owner of the Property and such other Persons
affected by it as the Officer determines and a copy of the Order may be posted
on the Property.
178. An Order may be served personally or by registered mail sent to the last known
address of the Person to whom notice is to be given or to that Person’s agent for
service.
179. If an Order is served by registered mail, the service shall be deemed to have
been made on the fifth (5th) day after the day of mailing.
Appeals of Orders
180. When the Owner is not satisfied with the terms or conditions of the Order, the
Owner may appeal to the Committee, by sending notice of appeal and paying
the applicable appeal fee as set out in the General Municipal Fees and Charges
Bylaw, in person or by registered mail to the secretary of the Committee within
fourteen (14) days after service of the Order and, in the event that no appeal is
taken, the Order shall be deemed to be confirmed.
181. The secretary of the Committee, upon receipt of the notice of appeal shall:
(a) determine the date, place and time of the hearing of the appeal which
shall take place not less than seven (7) days from the date of receipt of
the aforesaid notice; and
(b) give notice in writing of the date, place and time of the hearing to:
(i) the appellant;
(ii) the Officer who issued the Order; and
(iii) any other Person as the Committee considers advisable.
182. The Committee shall:
(a) hear the appeal at the date, place and time set out in the notice; and
(b) have all the powers and functions of the Officer who made the Order.
183. The Committee may:
(a) confirm the Order;
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(b) modify or rescind the Order; or
(c) extend the time for complying with the Order provided that, in the opinion
of the Committee, the general intent and purpose of this By-law and of the
Official Plan of the City are maintained.
184. The Committee shall give its decision in writing and an amended Order will be
prepared if required.
Property Review Committee
185. There shall be appointed by the Council of the City a Committee composed of
five (5) members, who shall each be appointed in conjunction with the term of
Council.
186. The Committee shall elect a Chairperson and any member of the Committee may
hold this position. When the Chairperson is absent through illness or otherwise,
the Committee may appoint another member as acting Chairperson.
187. In the event of a vacancy in the membership in the Committee, Council shall
forthwith fill the vacancy by appointment of another eligible person to sit for the
unexpired portion of the term.
188. Two (2) members of the Committee constitute a quorum.
189. The members of the Committee shall be paid such compensation as Council, by
by-law, may provide.
Failure to Comply with an Order
190. If an Order of an Officer is not complied with, as confirmed or modified by the
Committee or any court, the Owner is in breach of this By-law and the City, in
addition to all other remedies:
(a) shall have the right to demolish or Repair the Property in accordance with
the terms of the Order and for such purpose shall have the right, through
its employees, agents or sub-contractors to enter in and upon the
Property;
(b) shall not be liable to compensate the Owner, or any other Persons making
a claim for compensation related to the Property, by reason of any action
taken by or on behalf of the City under the provisions of this By-law;
(c) shall have a lien on the Property for the cost incurred from the renovation,
Repair or demolition under this Section and the amount shall be deemed
to be municipal real property taxes and may be added to the tax roll and
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collected in the same manner and with the same priorities as municipal
real property taxes; and
(d) may register the Order on title to the Property and, upon such registration,
any Person acquiring any interest in the Property subsequent to the
registration of the Order shall be deemed to have been served with the
Order on the date on which the Order was originally served and, when the
requirements of the Order are found to have been satisfied, the City shall
forthwith register in the proper Land Registry Office a certificate that such
requirements have been satisfied, which shall operate as a discharge of
the Order. The Owner shall be responsible for paying any applicable fees
for said registrations pursuant to the City’s current Fees and Charges By-
law.
(e) Every Owner or Occupant, who has failed to comply with a confirmed
Order made under this By-law, shall pay the fees set out in the General
Municipal Fees and Charges By-law for each inspection required to
determine if the contraventions have been remedied.
Emergency Orders
191. If upon inspection of a Property the Officer is satisfied that there is non-
conformity with the Standards herein to such extent as to pose an immediate
danger to the health or safety of any Person, the Officer may make an Order
containing particulars of the non-conformity and require remedial Repairs or
other work to be carried out immediately to terminate the danger.
192. The Order shall be served on the Owner of the Property and such other Persons
affected thereby as the Officer determines and a copy shall be posted on the
Property.
193. After making an Order under Section 191 of this By-law, the Officer may, either
before or after the Order is served, take any measures necessary to terminate
the danger and, for this purpose, the City may through its employees or agents,
at any time enter the Property in respect of which the Order was made without a
warrant.
194. The City, or a Person acting on its behalf, is not liable to compensate the Owner,
Occupant or any other Person by reason of anything done by or on behalf of the
City in the reasonable exercise of its powers.
195. As soon as practicable, the Officer shall apply to a Judge of the Ontario Superior
Court of Justice for an order confirming the Order made under Section 191 of this
By-law and the Court shall hold a hearing for that purpose.
196. The Court in disposing of the application under Section 195 of this By-law shall:
- 69 -
36
(a) Confirm, modify or rescind the Order; and
(b) Determine whether the amount spent on measures to terminate the
danger may be recovered in whole, in part, or not at all.
197. The disposition under Section 196 of this By-law is final.
198. The amount determined by a Court to be recoverable shall be a lien on the
Property and shall be deemed to be municipal real property taxes and may be
added to the tax roll and collected in the same manner and with the same
priorities as municipal real property taxes.
Certificate of Compliance
199. Every Owner may make an application to the City for a Certificate of Compliance
by submitting a written request.
200. Following an inspection confirming the Standards established in this By-law have
been met, the Owner shall pay the applicable fee as outlined in the City’s Fees
and Charges By-law.
Penalty for Non-Compliance
201. Every Person who uses or occupies, or permits the use or occupancy of any
Property that does not conform to the Standards of this By-law is guilty of an
offence and on conviction is liable to a fine of not more than $25,000.00 for the
first offence and to a fine of not more than $50,000.00 for a subsequent offence.
202. A corporation who uses or occupies, or permits the use or occupancy of any
Property that does not conform to the Standards of this By-law is guilty of an
offence and on conviction is liable to a fine of not more than $50,000.00 for the
first offence and to a fine of not more than $100,000.00 for a subsequent offence.
203. For the purposes of Sections 201 and 202 of this By-law, an offence is a
subsequent offence if there has been a previous conviction under this By-law.
204. Every Person who fails to comply with an Order under this bylaw is guilty of an
offence and on conviction, in addition to the penalties mentioned in Sections 201
and 202 of this By-law, is liable to a fine of not more than $10,000.00 per day for
every day the offence continues after the time given for complying with the Order
has expired.
205. If a conviction is entered, in addition to any other remedy and to any penalty
imposed by this Bylaw, the court in which the conviction is entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the
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37
continuation or repetition of the offence by the Person convicted on the same
Property.
Transition
206. After the date of passing of this By-law, By-law Number 5943/02 applies only to
Properties in respect of which an Order has been issued prior to the date of
passing of this By-law, and then only to such Properties until such time as the
work required by such Order has been completed or any enforcement
proceedings in respect of such Order, including demolition and Repair by the
City, has been concluded.
Repeal
207. By-law Number 5943/02 is hereby repealed.
Force and Effect
208. That this By-law shall come into force and effect on the date it is passed.
By-law passed this day of , 2021.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
- 71 -
Report to
Executive Committee
Report Number: ENG 26-21
Date: December 6, 2021
From: Richard Holborn
Director, Engineering Services
Subject: Proposed Community Safety Zones
- Fairport Road and Parkside Drive
- File: A-1440
Recommendation:
1. That the attached draft by-law be enacted to amend Schedule “14”, Community Safety
Zones to By-law 6604/05 to provide for the regulation of Community Safety Zones on
highways or parts of highways under the jurisdiction of The Corporation of the City of
Pickering. The amendments specifically provide for the inclusion of a Community Safety
Zone on Fairport Road between Glenanna Road and Strouds Lane, and on Parkside
Drive between Aspen Road (east intersection) and New Street; and,
2. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: In response to concerns of ongoing speeding and pedestrian
safety, Engineering Services staff reviewed sections of Fairport Road and Parkside Drive for
consideration of implementing Community Safety Zones (CSZ).
In a CSZ the fines for offences within the Highway Traffic Act may be doubled at the discretion
of the police officer. Also under the Highway Traffic Act, CSZ’s are eligible locations for
automated speed enforcement.
Based on the review of both Fairport Road and Parkside Drive, including speed data, ongoing
speeding concerns from residents, the proximity of schools and parks, and cyclists and
pedestrians using these streets, it is recommended that a CSZ be added to the following
locations:
• Fairport Road, between Glenanna Road and Strouds Lane
• Parkside Drive between Aspen Street and New Street
Financial Implications: The supply and installation of all posts and Community Safety Zone
signs can be accommodated within the 2021 Roads Current Budget.
- 72 -
ENG 26-21 December 6, 2021
Subject: Proposed Community Safety Zones
Fairport Road and Parkside Drive Page 2
Discussion: In response to concerns of ongoing speeding and pedestrian
safety, Engineering Services staff reviewed sections of Fairport Road and Parkside Drive for
consideration of implementing Community Safety Zones (CSZ). The purpose of a CSZ, is to
indicate to the motorist that they are within a zone where public safety is of special concern.
The City of Pickering currently has 13 CSZ’s, all but one are adjacent to schools. In a CSZ the
fines for offences within the Highway Traffic Act may be doubled at the discretion of the police
officer. Also under the Highway Traffic Act, CSZ’s are eligible locations for automated speed
enforcement.
Engineering Services staff reviewed the request to consider implementing CSZ’s along
sections of Fairport Road and Parkside Drive. Based on the review, Engineering Services staff
recommends CSZ’s be installed on these streets, with the following justification.
Fairport Road would benefit from a Community Safety Zone based on ongoing speeding
concerns and pedestrians crossing over to Bonita Park.
In 2009, in response to speeding concerns by residents, Fairport Road received many
remedial measures aimed at reducing the speed of vehicles, namely:
• installation of an all-way stops at the intersections of Fairport Road and Glenanna Road,
and Fairport Road and Bonita Avenue/Voyager Avenue;
• installation of Road Watch pavement markings and boulevard signs from Sheppard Avenue
to Finch Avenue;
• installation of two community gateway signs just south of Finch Avenue for southbound
motorists and just north of Sheppard Avenue for northbound motorists;
• installation of painted 1.5 metre offset roadway edgelines, which visually narrows the road;
• northbound and southbound playground advance warning signs for Bonita Park; and,
• request for increased police enforcement.
In the fall of 2021, crosswalks were painted at the east and south legs of the all-way stop at the
intersection of Fairport Road and Bonita Avenue/Voyager Avenue to better accommodate
pedestrians crossing over to Bonita Park.
The most recent speed study on Fairport Road, from 2018, indicates that the average speed
on Fairport Road, between Glenanna Road and Bonita Avenue/Voyager Avenue, is 47 km/h,
and the 85th percentile speed is 56 km/h. The 85th percentile speed is the maximum speed at
which 85 percent, or bulk or the traffic, is travelling at or below. Fairport Road has a posted
maximum speed limit of 40 km/h. In addition, there are approximately 4,600 vehicles travelling
on this section of Fairport Road on any typical weekday.
Therefore, based on the ongoing speeding concerns, recent speed data, and cyclists and
pedestrians crossing over to Bonita Park, it is recommended that a CSZ be added to Fairport
Road, between Glenanna Road and Strouds Lane. The proposed CSZ on Fairport Road is
shown graphically in Attachment 1.
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ENG 26-21 December 6, 2021
Subject: Proposed Community Safety Zones
Fairport Road and Parkside Drive Page 3
Parkside Drive would benefit from a Community Safety Zone based on increased
pedestrian use from the adjacent school and park.
Engineering Services staff recognizes that there are many pedestrians using Parkside Drive
due to both Gandatsetiagon Public School and J. McPherson Park fronting the street.
Pedestrians, especially children, walk and cycle to school.
The most recent speed study on Parkside Drive, from 2018, indicates that the average speed
on Parkside Drive, between Pebble Court and Millbank Road, is 35 km/h, and the 85th
percentile speed is 45 km/h. Parkside Drive has a posted maximum speed limit of 40 km/h,
with approximately 1,000 vehicles on a typical weekday.
The speed of vehicles is not necessarily high during the school peak hours, likely due to the
congestion that occurs around the school and park when pedestrian activity is at its highest.
However, motorists have been witnessed travelling at higher rates of speed in the off peak
hours.
In addition, the majority of the parking and stopping restrictions on Parkside Drive are on the
west side of street, which is the same side as the school and park. While this is typical at many
schools, during the school’s pick-up and drop-off times, pedestrians, parents/guardians and
school children, walk across the street to access their vehicle when the parking lot at both the
school and park are full. The safety of pedestrians is a priority to the City.
Therefore, based on the ongoing speeding concerns in the off peak hours, the proximity of
Gandatsetiagon Public School and J. McPherson Park, and the volume of pedestrians and
cyclists in the area that cross the street, it is recommended that a CSZ be added to Parkside
Drive, between Aspen Road and New Street. The proposed CSZ on Parkside Drive is shown
graphically in Attachment 2.
The draft by-law amendment to Schedule 14 of By-law 6604/05, for the proposed community
safety zone additions can be found in Attachment 3.
Attachments:
1. Proposed Community Safety Zone, Fairport Road between Glenanna Road and Strouds
Lane
2. Proposed Community Safety Zone, Parkside Drive between Aspen Road and New Street
3. Draft By-law Amendments to Schedule “14”, Community Safety Zones, to By-law 6604/05
- 74 -
ENG 26-21 December 6, 2021
Subject: Proposed Community Safety Zones
Fairport Road and Parkside Drive Page 4
Prepared By: Approved/Endorsed By:
Original signed by:Original signed by:
Nathan Emery Richard Holborn, P.Eng.
Coordinator, Traffic Operations Director, Engineering Services
Original signed by:
Scott Booker
Manager, Capital Projects & Infrastructure
NE:mjh
Recommended for the consideration
of Pickering City Council
Original signed by:
Marisa Carpino, M.A.
Chief Administrative Officer
- 75 -
Proposed Community Safety Zone
Fairport Road between Glenanna Road and Welrus StreetNTSOctober, 2021
Engineering Services
Department
N
Strouds Lane
Bonita
Park
Limits of Proposed
Community Safety Zone
Attachment #1 to Report # ENG 26-21
- 76 -
Proposed Community Safety Zone
Fairport Road between Glenanna Road and Welrus StreetNTSOctober, 2021
Engineering Services
Department
N
Gandatsetiagon
Public School
New Street
P
a
r
k
s
i
d
e
D
r
i
v
e
J. McPherson Park
Limits of Proposed
Community Safety Zone
Attachment #2 to Report # ENG 26-21
- 77 -
Attachment # 3 to Report #ENG 26-21
The Corporation of the City of Pickering
By-law No.
Being a by-law to amend By-law 6604/05
providing for the regulating of traffic and
parking, standing and stopping on highways or
parts of highways under the jurisdiction of the
City of Pickering and on private and municipal
property.
Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking
on highways, private property and municipal property within the City of Pickering; and
Whereas, it is deemed expedient to amend Schedule 14, to By-law 6604/05 to provide
for the regulation of Community Safety Zones on highways or parts of highways under
the jurisdiction of the Corporation of the City of Pickering. Specifically, this by-law is to
provide for the inclusion of Community Safety Zones on Fairport Road between
Glenanna Road and Strouds Lane, and on Parkside Drive between Aspen Road and
New Street.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule 14 to By-law 6604/05, as amended, is hereby further amended thereto
by the following:
Schedule 14
Community Safety Zones
Column 1 Column 2 Column 3
Highway Limits (From/To) Prohibited Times
or Days
Add
Fairport Road Glenanna Road to Anytime
Strouds Lane
Parkside Drive Aspen Road to New Anytime
Street (east intersection)
- 78 -
By-law No. Page 2
By-law passed this 13th day of December 2021.
____________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
- 79 -
Report to
Executive Committee
Report Number: FIN 16-21
Date: December 6, 2021
From: Stan Karwowski
Director, Finance & Treasurer
Subject: 2022 Interim Spending Authority
-File: F-1000-001
Recommendation:
1. That the 2022 Interim Operating Expenditures be approved at 50 percent of the prior
year’s budget, including adjustments, as contained in Attachment 1, pending approval of
the formal 2022 Current Budget by Council; and,
2. That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this report.
Executive Summary: Adoption of the interim current operating spending authority will
provide funding authorization for the payment of salaries, overhead and such other accounts
as may be necessary for the normal day-to-day operations of the City pending approval of the
2022 Current Budget.
Financial Implications: Adoption of the interim current operating appropriations does not
constitute approval of a formal budget but rather is required to provide funding authorization at
the transitional stage. At the conclusion of the budget process, all interim current operating
appropriations are nullified and replaced with the appropriations as approved by Council.
Discussion: Each year, pending approval by City Council of the annual Current Budget, it
is necessary to provide expenditure authority respecting the payment of accounts for the
interim period from January 1 until the Budget is adopted by Council.
Such authority is in the form of interim current operating appropriations to meet estimated
expense requirements of the individual departments, agencies and boards . Staff are seeking
approval to provide for interim spending authority for up to the first 6 months of 2022 or when
Council approves the 2022 Budget, whichever occurs first. The Roads cost centre has been
adjusted to reflect greater than 6 months of the annual budget due to the seasonal nature of
this cost centre and past spending patterns. This has been reflected in Attachm ent 1.
Under the same PSAB requirements regarding tangible capital assets, library materials have
been deemed capital and included in the Capital Budget starting from 2010 . In the library
business, the publishing cycle demands that materials be purchased while they are “in print”.
As a result, certain materials must be purchased in a timely manner, and it is essential for the
- 80 -
FIN 16-21 December 6, 2021
Subject: 2022 Interim Spending Authority Page 2
library to continue purchasing materials throughout the year. On this basis, 50 percent of last’s
year library capital materials has been included in the interim appropriations and reflected in
Attachment 1.
A minor provision has been included for small capital expenditures from current funds.
Specific capital projects proposed prior to the approval of the 2022 Capital Budget will require
specific approval by Council.
Attachments:
1. 2022 Interim Appropriations for Current Budget Operating Expenditures
Prepared By:
Original Signed By:
Caryn Kong, CPA, CGA
Senior Financial Analyst – Capital &
Debt Management
Approved/Endorsed By:
Original Signed By:
Stan Karwowski, CPA, CMA, MBA
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 81 -
Attachment #1 to Report #FIN 16-21
City of Pickering
2022 Interim Current Operation Appropriations
2022 (Jan. 1-
June 30) Interim
Cost Centres 2021 Approved Budget Appropriations
2121 Office of the CAO - Admin $ 1,940,488 $ 970,244
2129 Customer Care Centre 497,914 248,957
2621 Public Affairs & Corp. Comm. 918,236 459,118
2610 City Development - Admin 778,919 389,460
2611 Planning 4,740,741 2,370,371
2612 Building Services 2,100,934 1,050,467
2620 Sustainability 1,057,109 528,555
2630 Committee of Adjustment 10,071 5,036
2743 Heritage Pickering 16,375 8,188
2711 Cult. & Rec. - Admin. 3,323,610 1,661,805
2124 Civic Centre 1,032,201 516,101
2572 Senior Citizens Centre 655,676 327,838
2712 Programs 1,528,741 764,371
2713 Dunbarton Pool 457,720 228,860
2715 Don Beer Arena 1,314,337 657,169
2719 Community Centres 947,226 473,613
2731 Recreation Complex - Central Core 3,098,960 1,549,480
2733 Recreation Complex - Pool 605,456 302,728
2735 Recreation Complex - Arenas 923,348 461,674
2744 Museum 1,283,737 641,869
2740 Pickering Arts Centre 51,818 25,909
2500 Operations - Admin. 1,258,018 629,009
2132 Property Maintenance 1,356,994 678,497
2315 Fleet Services 1,812,050 906,025
2320 Roads 7,861,598 4,716,959
2718 Parks 4,850,246 2,425,123
2196 Information Technology 2,582,536 1,291,268
2125 Legal Services 676,059 338,030
2122 Clerks Office 591,013 295,507
2191 Records Management & Elections 210,365 105,183
2199 Print Shop/Mail Room 533,527 266,764
2220 By-law 1,632,996 816,498
2293 Animal Services 652,276 326,138
2290 Engineering Services - Admin. 3,083,122 1,541,561
2230 Crossing Guards 396,400 198,200
2613 Water Resources & Development Services 2,045,837 1,022,919
2323 Sidewalks 395,590 197,795
2325 Street Lights 961,136 480,568
2127 Finance 4,272,282 2,136,141
2133 Supply & Services 445,457 222,729
2240 Fire Protection 17,906,507 8,953,254
2241 Emergency Operations 170,283 85,142
2139 Human Resources 1,330,662 665,331
2141 Health & Safety 171,194 85,597
2745 Libraries 5,946,235 2,973,118
Gen Govt -Various 28,345,821 13,186,742
Capital -Library Materials 305,000 152,500
Capital -Equipment & Furniture -200,000
TOTAL $ 117,076,821 $ 58,538,411
- 82 -
Report to
Executive Committee
Report Number: FIN 17-21
Date: December 6, 2021
From: Stan Karwowski
Director, Finance & Treasurer
Subject: 2022 Temporary Borrowing By-law
-File: F-1000-001
Recommendation:
1.That the temporary borrowing limit of $56 million be established to meet 2022 current
expenditures pending receipt of taxes and other revenues for the period of January 1 to
September 30, 2022 inclusive, and $28 million thereafter until December 31, 2022;
2.That the temporary borrowing limit for capital purposes for 2022 be established at $41
million;
3.That the attached draft By-law providing for the temporary borrowing of monies be
enacted; and,
4.That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this report.
Executive Summary: Staff recommend that Council approve temporary 2022 borrowing
limits as set out in the above recommendations. Council approval is required to unde rtake
temporary borrowings, if necessary, for current operations and capital projects in order to meet
the expenses of the City for 2022, until the taxes are collected and other revenues are
received. Approval is always sought at the end of the City’s fiscal (calendar) year in order to be
prepared, in the event that loans are necessary, as we proceed into the new year. The
approval of this report and the attached By-law will provide the City with financial flexibility to
deal with unanticipated negative events. Put another way, this report provides the City with a
financial safety net.
Financial Implications: At this time, it is difficult to estimate the interest costs as it is
uncertain how much temporary financing may be required and for how long. The City will
undertake external borrowing from The Regional Municipality of Durham in 2021 for approved
capital expenditures. For current purposes, the $55 million limit for January 1 to September 30,
2021 has been increased to $56 million for January 1 to Septem ber 30, 2022 and the $27
million limit for October 1 to December 31, 2021 has been increased to $28 million for October
1 to December 31, 2022.
- 83 -
FIN 17-21 December 6, 2021
Subject: 2022 Temporary Borrowing By-law Page 2
The limit for capital purposes for 2021 has been established at $41 million based on the draft
2022 Capital Budget dated October 27, 2021. The actual amount to borrow may have to be
adjusted once the 2022 Capital Budget has been approved by Council .
Discussion: The borrowing of funds for current and capital purposes may become
necessary in the normal course of operations during 2022. Under Section 407 of the Municipal
Act, 2001, as amended (the “Act”), Council may pass a by-law to provide for the temporary
borrowing of funds to meet current operating expenditures pending receipt of taxes and other
revenues of the City. Under the Act, the Corporation may also undertake temporary borrowings
under individual project approvals, and for capital projects, pending permanent financing.
Current Budget Financing
The amount of such temporary borrowing outstanding at any one time is limited by the Act,
unless otherwise approved by the Ontario Municipal Board, to 50 percent of the estimated
annual revenues from January 1 to September 30 and to 25 percent thereafter.
Until the current year’s estimates are adopted, the limitation may be calculated upon the
revenues set forth in the estimates adopted for the preceding year. Based upon the 2021
estimates of the Corporation, the allowable level of temporary borrowing outstanding under the
Act is estimated at $56 million from January 1 to September 30 and $28 million thereafter.
The requested $56 million should be sufficient to meet the current expenditures of the City until
the levies for 2022 are received. It is expected that this amount will provide a sufficient level of
temporary borrowings, taking into account the potential effects of taxation legislation and its
impact on cash flows.
Capital Budget Financing
Borrowing for capital purposes under the Act can only be undertaken on projects approved by
Council and will only be undertaken in the event that sufficient funds are not available at the
time they are required. Recommendation 3 provides the authority for staff to obtain additional
temporary interim financing (internal or external) for capital projects approved by Council. The
$41 million capital borrowing limit should provide sufficient funds to cover the estimated 2022
capital expenditures.
Attachments:
1.By-law to Authorize the Temporary Borrowing of Monies to Meet the Current and Capital
Expenditures of the City of Pickering for the Year 2022
- 84 -
FIN 17-21 December 6, 2021
Subject: 2022 Temporary Borrowing By-law Page 3
Prepared By:
Original Signed By:
Caryn Kong, CPA, CGA
Senior Financial Analyst – Capital &
Debt Management
Approved/Endorsed By:
Original Signed By:
Stan Karwowski, CPA, CMA, MBA
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By:
- 85 -
Attachment #1 to Report #FIN 17-21
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the temporary borrowing
of monies to meet the current and capital
expenditures of the City of Pickering for the year
2022.
Whereas Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of
Pickering may by by-law authorize the Mayor and Treasurer of the City to borrow from time to
time by way of promissory note such sums as the Council may deem necessary to meet, until
the taxes for the current year are collected and other revenues are received, the current
expenditures of the City for the year, including the amounts required for principal and interest
falling due within the year upon any debt of the City, and the sums required by law to be
provided by the Council for any local board of the City;
Whereas Section 407(2) limits the total of such borrowings to not exceed 50 percent of the
estimated annual revenues from January 1 to September 30, 2022 and 25 percent thereafter;
Whereas it is deemed necessary by the said Council to borrow the sum of fifty-six million
dollars ($56,000,000) to meet, until the taxes for the current year are received, the current
expenditures of the City for the year 2022, including the amounts and sums aforesaid;
Whereas the said sum of fifty-six million dollars ($56,000,000) plus any similar borrowings that
have not been repaid, is less than 50 percent of the total amount of the estimated revenues of
the City from January 1 to September 30 as set forth in the estimates adopted b y the Council
for the year 2021 exclusive of revenues derivable from the sale of assets, borrowings or issues
of debentures or from a surplus including arrears of levies, and twenty-eight million dollars
($28,000,000) is less than 25 percent of the estimated revenues thereafter;
Whereas the Municipal Act, 2001, provides that if a municipality has by by-law approved an
undertaking to be financed in whole or in part by incurring long-term debt, the Council may by
by-law authorize temporary borrowing to meet expenditures made in connection with the
undertaking; and,
Whereas it is deemed necessary by the Council to borrow the sum of forty-one million dollars
($41,000,000) to meet the capital expenditures approved by Council.
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows:
1. The Mayor and Director, Finance & Treasurer of the City of Pickering are hereby
authorized to borrow from time to time by way of promissory notes a sum or sums not
exceeding fifty-six million dollars ($56,000,000) to meet, until the levies for the year 2022
are received, the current expenditures of the City for such year, including the amounts
required for principal and interest falling due within the year upon any debt of the City for
the period January 1 to September 30, 2022 inclusive and twenty-eight million dollars
($28,000,000) thereafter until December 31, 2022.
- 86 -
By-law No. Page 2
2. The Mayor and Director, Finance & Treasurer of the City of Pickering are hereby
authorized to borrow from time to time by way of promissory notes a sum or sums not
exceeding forty-one million dollars ($41,000,000) to meet the capital expenditures as
approved by Council of the City including the amounts required for principal and interest.
3. Any promissory notes made under the authority of this by-law shall be sealed and signed
in accordance with the provisions of the Municipal Act, 2001, and may be countersigned in
writing by the Manager, Accounting Services of the Corporation in accordance with the
provisions of the said Act.
4. This By-law shall come into effect on the first day of January, 2022.
By-law passed this 13th day of December, 2022.
_______________________________
David Ryan, Mayor
______________________________
Susan Cassel, City Clerk
- 87 -
Report to
Executive Committee
Report Number: FIN 18-21
Date: December 6, 2021
From: Stan Karwowski
Director, Finance & Treasurer
Subject: 2020 Building Permit Stabilization Reserve Fund
-File: F-4910-001
Recommendation: It is recommended that Report FIN 18-21 from the Director, Finance &
Treasurer regarding the 2020 Building Permit Stabilization Reserve Fund be received for
information.
Executive Summary: Section 7(4) of the Building Code Act (the “Act”) requires the City to
prepare an annual report of building permit and inspection fees and related administrative and
enforcement costs. This report fulfills the requirements of Section 7(4) of the Act. This report
also contains information about the City’s Building Permit Stabilization Reserve Fund.
Financial Implications: This report contains information pertaining to the financial status of
the Building Permit Stabilization Reserve Fund as at December 31, 20 20.
Discussion: In December 2005, Council approved Report PD 41-05, which enacted a new
building permit process and fees under the Act. The Act requires permit fees to be accounted
for, and not used to subsidize City functions other than administration and enforcement of the
Act and the Ontario Building Code. Watson & Associates Economists Ltd. was retained to
undertake a comprehensive analysis of all Planning & Development costs, fees and legislative
requirements and to develop an Activity Based Costing (ABC) model for the City. Using this
information, Watson & Associates Economists Ltd. recommended an increase in building
permit fees to provide for cost recovery.
For the 2018 budget, Watson & Associates Economists Ltd. undertook a review of the
Development Application Approval Process fees (DAAP). DAAP includes fees in Building,
Planning and Engineering. The purpose of this review was to quantify the City’s full costs in
processing application fees and building permit fees, assess the sufficiency of current
development fees to recover these costs and recommend full cost recovery of development
fees. The calculated full cost recovery fees were then adjusted after completing a market
comparison to ensure the fees were in line with surrounding municipalities. As a result of the
DAAP review, building permit fees were increased by 11 per cent in order to recover the
shortfall in the Building Permit Stabilization Reserve Fund and to build a fund balance for years
with decreased building activity.
Currently, the City Development Department and Watson & Associates Economists are
undertaking a review to develop updated planning application and building permit fee
- 88 -
FIN 18-21 December 6, 2021
Subject: 2020 Building Permit Stabilization Reserve Fund Page 2
recommendations to improve the City’s cost recovery levels in response to increasing costs
and service level expectations. These recommendations will be reflected in the City’s proposed
2022 User fees.
The purpose of the Building Permit Stabilization Reserve Fund is to provide a source of funds
for current operating budget costs during an economic downturn to offset lower building permit
revenues. Without such a reserve fund, reduced growth and permit volumes during a downturn
could result in severe budgetary pressures which could impair the City’s ability to enforce the
Act and the Ontario Building Code.
The Act requires that an annual report be prepared that includes total Building Permit fees
collected in the previous 12 month period and a summary of directly and indirectly related
administrative costs.
In 2017 and 2018, Building Services had an excess of building permit revenues over costs.
However, due to the relatively low rate of development since the Building Permit Stabilization
Reserve Fund was established in 2006, the accumulated shortfall for this reserve fund as of
December 31, 2020 was $2.81 million. In 2020, there was a small shortfall of building permit
revenues over costs of ($162,284) as building permit revenues declined slightly from the prior
year while direct and indirect costs had increased.
Annual Report – Building Permit Fees
for the year ended December 31, 2020
Building Permit Revenue $3,080,655
Costs:
Direct Costs $ (2,771,743)
Indirect Costs (471,196)
Capital Costs (3,242,939)
Excess (Shortfall) Revenue Over Costs ($162,284)
Building Permit Stabilization Reserve Fund
Opening Balance, January 1, 2020 $ -
2020 Contribution -
Closing Balance, December 31, 2020 $ -
Transfers to the Rate Stabilization Reserve
For the majority of municipalities, building permit revenues are sufficient to cover direct and
indirect operating costs. In addition, many municipalities have excess funds that are
transferred to their Building Permit Stabilization Reserve Fund and these funds are used to
cover any future operating shortfall in their Building Services section. As stated earlier,
Pickering has historically experienced a low level of construction activity that translated into
lower building permit revenues. For most municipalities, the budgeted and actual cost of their
Building Services section and/or department is fully funded from building permit revenues.
- 89 -
FIN 18-21 December 6, 2021
Subject: 2020 Building Permit Stabilization Reserve Fund Page 3
Historically, the Building Services section required a financial subsidy from the Pickering
taxpayer to fund their operations. As of December 31, 2020, the accumulated financial subsidy
or deficit was $2.81 million. From a financial perspective, this subsidy was funded from the
Rate Stabilization Reserve. The City’s financing strategy is to reduce this deficit (subsidy) over
time by transferring the Building Services operating surpluses to the Rate Stabilization
Reserve. In 2017 and 2018, as the City’s development activity significantly increased, Building
Services had operating surpluses of $83,440 and $2,061,582, respectively, which were
transferred from the Building Permit Stabilization Reserve Fund to the Rate Stabilization
Reserve which further reduced the deficit.
Prepared By:
Original Signed By:
James Halsall
Manager, Budgets & Internal Audit
Approved/Endorsed By:
Original Signed By:
Stan Karwowski
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 90 -
Report to
Executive Council
Report Number: OPS 11-21
Date: December 6, 2021
From: Brian Duffield
Director, Operations
Subject: Diana, Princess of Wales Park
-Licence Renewal Agreement
-File: A-1440
Recommendation:
1. That the Mayor and City Clerk be authorized to execute a license renewal agreement
with the Minister of Infrastructure – Hydro One Networks Inc. for a further five year term,
commencing January 1, 2022, and ending on December 31, 2026 that is in a form
satisfactory to the Director, Corporate Services & City Solicitor; and,
2. That the appropriate City of Pickering officials be authorized to take the necessary
actions to give effect hereto.
Executive Summary: The City of Pickering entered into a licence agreement with the
Minister of Infrastructure – Hydro One Networks Inc. on January 1, 2012 respecting the
property located in part of Lot 19 & 20, Concession 1, also known as Diana, Princess of Wales
Park.
The City of Pickering entered into a licence renewal agreement with the Minister of
Infrastructure – Hydro One Networks Inc. for a further five year term, commencing on January
1, 2017 and ending on December 31, 2021.
The Minister of Infrastructure – Hydro One Networks Inc. is in agreement to extend the licence
agreement for a period of five years, commencing on January 1, 2022 and ending on
December 31, 2026.
Financial Implications: Under the existing agreement, the City is responsible for the full
cost of maintenance on the lands used for recreational purposes, and for paying 50 percent of
all the taxes or other similar charges levied against the lands.
Discussion: The City of Pickering entered into the most recent licence agreement with
the Minister of Infrastructure – Hydro One Networks Inc. on January 1, 2017 respecting the
property located in part of Lot 19 & 20, Concession 1, also known as Diana, Princess of Wales
Park. The park is located within the hydro corridor adjacent to the Chestnut Hill Developments
Recreation Complex, and runs from Kingston Road at the north limit to Pickering Parkway at
the south limit, as illustrated on the location map (Attachment 2).
- 91 -
OPS 11-21 December 6, 2021
Subject: Diana, Princess of Wales Park – Licence Renewal Agreement Page 2
In order for the City of Pickering to continue providing recreational services on the land, a
further licence renewal agreement in a form satisfactory to the Director, Corporate Services &
City Solicitor, is required.
The Director, Operations recommends that a licence renewal agreement for a further five year
term (January 1, 2022 to December 31, 2026) be entered into, and that the Council of the City
of Pickering authorize the Mayor and City Clerk to execute the agreement in its final form.
Attachments:
1. Draft Licence Renewal Agreement
2. Location Map
Prepared By:
Original Signed By:
Brian Duffield
Director, Operations
Approved/Endorsed By:
Original Signed By:
Paul Bigioni
Director, Corporate Services & City Solicitor
BD:nm
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 92 -
Attachment 1 to Report OPS 11-21
HYDRO CORRIDOR Licence Renewal (rec.) March 2021
LICENCE RENEWAL AGREEMENT – (RECREATIONAL)
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by THE MINISTER OF GOVERNMENT
AND CONSUMER SERVICES
(hereinafter called the "Licensor")
- and -
CITY OF PICKERING
(hereinafter called the "Licensee")
WHEREAS:
A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her
Majesty the Queen in right of Ontario as represented by The Minister of
Infrastructure (previously the Minister of Economic Development, Employment and
Infrastructure) now the Minister of Government and Consumer Services entered into
a Licence Agreement with the Licensee, dated February 14th, 2012 (the “Licence
Agreement”), regarding certain lands located in the City of Pickering, Regional
Municipality of Durham, described as Part of Lots 19 & 20, Concession 1,
comprising an area of approximately 28.92 acres, (the “Licence Lands”) for public
recreational purposes only;
B. The Minister of Government and Consumer Services is responsible for certain
aspects of government real property pursuant to the Ministry of Infrastructure Act,
S.O. 2011, c. 9, Sched 27;
C. Ontario Infrastructure and Lands Corporation confirms that it is the designated agent
of the Minister of Government and Consumer Services with authority to act in
respect of the Licence Agreement.
IN CONSIDERATION of the mutual covenants hereinafter set forth and the sum of two dollars
($2.00) paid by the Licensee to the Licensor, the receipt whereof is hereby acknowledged, and
other good and valuable consideration, the Licensor and the Licensee agree as follows:
1. The Licence Agreement is hereby renewed, subject to the terms set out below.
2. “Licensor” shall mean Ontario Infrastructure and Lands Corporation acting as agent on
behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of
Government and Consumer Services.
3. The Term of the Licence Agreement shall be five (5) years, commencing on the 1st day
of January, 2022.
HONI File #: PICKERING T 632.1-537 - 93 -
2
4. The Licensee shall pay to the Licensor an amount equal to Fifty percent (50%) of the
annual realty taxes or grants and/or payments in lieu thereof payable with respect to the
Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the
Licence Agreement for the purposes stated herein.
5. The Licensor’s address for service of notice pursuant to the notice section of the Licence
Agreement and other related particulars are amended as follows:
Ontario Infrastructure and Lands Corporation
Real Estate Transactions
1 Dundas Street West, Suite 2000
Toronto, Ontario
M5G 1Z3
Attention: Director, Hydro Land Transactions
Telephone: (437) 537-5511
Facsimile: (416) 327-3942
With a copy to:
Attention: Director, Legal Services (Real Estate)
1 Dundas Street West
Suite 2000
Toronto, ON M5G 1Z3
Facsimile: 416-327-3376
6. All terms which are defined in the Licence Agreement shall have the same meaning when
used in this Licence Renewal Agreement unless they are amended herein.
7. Except as they may be amended by this Licence Renewal Agreement, all of the terms
and conditions of the Licence Agreement shall apply to the renewed Term and shall be
binding upon and enure to the benefit of the Licensor and the Licensee.
8. This Licence Renewal Agreement may be offered and accepted by electronic or
facsimile transmission and by different parties in separate counterparts, each of which
when so executed shall be deemed to be an original and all of which taken together
shall constitute one and the same agreement. Delivery by facsimile or by electronic
transmission in portable document format of an executed counterpart is as effective as
delivery of an originally executed counterpart. Any party delivering an executed
counterpart by facsimile or by electronic transmission in portable document format
(PDF) shall also deliver an originally executed counterpart within seven (7) days of the
facsimile or electronic transmission, but the failure to deliver an originally executed
copy does not affect the validity, enforceability or binding effect.
9. The Licensee acknowledges that this Agreement and any related information,
documents and/or Data (as defined in the Open Data Directive) may be released
pursuant to the Freedom of Information and Protection of Privacy Act (Ontario) or the
Open Data Directive issued under the Management Board of Cabinet Act (Ontario), as
each may be amended or replaced from time to time.
HONI File #: PICKERING T 632.1-537 - 94 -
3
IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement.
Signed by the Licensee at this day of 2021.
CITY OF PICKERING
Per:______________________________________
Name:
Title:
Per:______________________________________
Name:
Title:
I/We have authority to bind the Corporation
Signed by the Licensor at_________________this day of _____________________2021.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by THE MINISTER OF
GOVERNMENT AND CONSUMER SERVICES, as
represented by ONTARIO INFRASTRUCTURE
AND LANDS CORPORATION
Per:
Name:
Title:
Authorized Signing Officer
HONI File #: PICKERING T 632.1-537 - 95 -
4
Schedule “A”
HONI File: Pickering T 632.1-537
Tenant(s): City of Pickering
Legal Description: Part of Lots 19 & 20, Concession 1,
Regional Municipality of Durham, Town of Pickering
Licensed Area: 28.92 acres
Lands Owned by Her Majesty the Queen in the Right of Ontario
Licensed Area
HONI File #: PICKERING T 632.1-537 - 96 -
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BR
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DIEFENBAKER COURT
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Diana Princess Of Wales Park
Recreation Complex
Village East Park
Denmar Park
Esplanade Park
SCALE:
Engineering Services
Department Diana Princess of Wales
Location MapNov. 15, 2021
DATE:
q
1:5,000
Attachment 2 to Report OPS 11-21
- 97 -