HomeMy WebLinkAboutPLN 35-23Report to
Executive Comittee
Report Number: PLN 35-23
Date: November 6, 2023
From: Kyle Bentley
Director, City Development & CBO
Subject: Proposed Memorandum of Understanding to govern the delivery of municipally
requested programs and services offered by the Central Lake Ontario
Conservation Authority to the City of Pickering under the Conservation
Authorities Act
-File: L-1100-018
Recommendation:
1.That Council endorse in principle the draft Memorandum of Understanding between the
City of Pickering and the Central Lake Ontario Conservation Authority (CLOCA), as set out
in Appendix I to Report PLN 35-23, to secure the continuation of municipally requested
programs and services CLOCA offers to the City of Pickering in compliance with the
Conservation Authorities Act;
2.That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding,
between the City of Pickering and the Central Lake Ontario Conservation Authority, as set
out in Appendix I to this report, subject to any minor revisions as may be required by the
Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the
Director, City Development & CBO; and
3. That the appropriate City officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: In June 2023, Council endorsed in principle a draft Memorandum of
Understanding (MOU) between the City of Pickering and the Toronto and Region Conservation
Authority (TRCA) (Resolution #218/23). This MOU was executed in September 2023.
Consistent with that process, the Central Lake Ontario Conservation Authority (CLOCA) is
seeking to enter into a similar MOU with the City to secure the continuation of municipally
requested programs and services that CLOCA is authorized to offer to the City of Pickering.
The proposed MOU from CLOCA contains the same principles, terms, and conditions as the
City’s draft MOU with TRCA governing the delivery of municipally requested programs and
services.
It is recommended that the draft MOU with CLOCA, as set out in Appendix I to this report, be
endorsed, and that the Mayor and City Clerk be authorized to execute the MOU, subject to any
minor changes required by the Chief Administrative Officer, the Director, Corporate Services &
City Solicitor, and/or the Director, City Development & CBO.
PLN 35-23 November 6, 2023
Subject: Proposed Memorandum of Understanding to govern the delivery Page 2
of authorized programs and services offered by the
Central Lake Ontario Conservation Authority to the City of Pickering
under the Conservation Authorities Act
Financial Implications: There are no financial implications to the City associated with the
recommendations of this report. For this year, no funding was required by the City to engage
CLOCA for the delivery of programs or services. If the City plans to engage CLOCA to deliver
a program or service next year or subsequent years, funding for projects would be identified
though the budget preparation process, in consultation with CLOCA staff.
Discussion:
1.Background
Ontario Regulation 687/21 (O. Reg. 687/21) is one of the many regulations that followed
legislative changes to the Conservation Authorities Act (CA Act) since 2017. O. Reg.
687/21 requires Conservation Authorities (CAs) to develop a transition plan to ensure
compliance with Section 21.1.2 of the CA Act, including a process to enter into MOUs
with municipalities within their respective jurisdictions, prior to January 1, 2024, to
ensure the important work that has been requested by municipalities can continue.
2.CLOCA’s Inventory of Programs and Services
In order to differentiate the programs and services CAs would continue to offer to
municipalities, and similar to the process TRCA followed, CLOCA completed a
transitional plan, and an inventory of programs and services, consisting of the following
categories, as established under the CA Act:
•Category 1 – Mandatory programs and services prescribed by regulation, including
those related to managing the risk of natural hazards, the conservation and
management of lands owned/controlled by the CA, the CA’s duties and functions
as a source protection authority under the Clean Water Act, 2006, and the
implementation of the provincial groundwater monitoring and stream monitoring
programs.
•Category 2 – Non-mandatory municipal programs and services CAs agree to
provide at the request of, and on behalf of, a municipality, provided an agreement
for such services is in place by January 1, 2024. Examples include shoreline
studies, climate change assessments, and tree planting.
•Category 3 – Programs and services a CA determines advisable to further the
purposes of the CA Act. If such program is to be financially supported by a
municipality, a cost apportioning agreement must be in place by January 1, 2024.
Agreements between CLOCA and its partner municipalities, such as Pickering, are
required for Category 2 programs and services that require municipal funding, and for
any Category 3 programs and services which the municipality wish to financially
support.
PLN 35-23 November 6, 2023
Subject: Proposed Memorandum of Understanding to govern the delivery Page 3
of authorized programs and services offered by the
Central Lake Ontario Conservation Authority to the City of Pickering
under the Conservation Authorities Act
3. Non-Mandatory Municipal Programs and Services offered by CLOCA
CLOCA does not currently provide any municipally requested services to the City,
primarily due to the fact that CLOCA’s regulatory jurisdiction in Pickering only covers a
relatively small and narrow sliver of land adjacent to the Lynde Creek, along the
east-northeast boundary of the municipality. This area is not facing imminent urban
development and is primarily used for agricultural purposes. Any services or programs
offered to the City by CLOCA within this regulatory area, if required by the City, would be
procured in accordance with the City’s Purchasing Policy.
4. The proposed Memorandum of Understanding (MOU)
To fulfill the requirements of Ontario Regulation 687/21, CLOCA has prepared a
proposed MOU (see Appendix I to this report), to be entered into with the City of
Pickering, prior to January 1, 2024. Sections 1 to 8 of the MOU identify the proposed
principles, terms, and conditions that would govern CLOCA’s delivery of municipally
requested programs and services.
The proposed MOU is non-binding. It is not a contract between the City and CLOCA,
and there is no cost to the City as a result of this enabling MOU. The costs to the City
for a service or program to be obtained from CLOCA will be identified, and considered,
as part of the 2024 (and future) budget processes.
The proposed MOU has been reviewed from a legal perspective and no concerns were
identified.
5. Conclusion
The City uses the expert services of the CAs to deliver certain services and programs
for the municipality. Based on recent legislative changes, a MOU is required to be
executed between CLOCA and the City to secure the continuation of municipally
requested programs and services CLOCA is authorized to offer to the City of Pickering
after January 1, 2024.
Staff requests that the draft MOU, contained in Appendix I to Report PLN 35-23, be
endorsed in principle, and that the Mayor and City Clerk be authorized to execute the
MOU, subject to any minor changes required by the Chief Administrative Officer, the
Director, Corporate Services & City Solicitor, and/or the Director, City Development &
CBO, and that it be forwarded to CLOCA for execution.
PLN 35-23 November 6, 2023
Subject: Proposed Memorandum of Understanding to govern the delivery Page 4
of authorized programs and services offered by the
Central Lake Ontario Conservation Authority to the City of Pickering
under the Conservation Authorities Act
Appendix:
Appendix I Memorandum of Understanding between the City of Pickering and the Central
Lake Ontario Conservation Authority
Prepared By:
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
DJ:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix I to
Report PLN 35-23
Memorandum of Understanding between the
City of Pickering and the Central Lake Ontario Conservation Authority
This Memorandum of Understanding (“MOU”) is made as of the XX day of
XXXX, 2023 (the “Effective Date”).
Between:
The Corporation of the City of Pickering
(hereinafter, “City”)
And:
Central Lake Ontario Conservation Authority
(hereinafter, “CLOCA”)
Whereas CLOCA is a conservation authority established under the Conservation Authorities Act
(“Act”) providing programs and services that further the conservation, restoration, development, and
management of natural resources in its watersheds;
And Whereas the City is a lower-tier municipality in the Reginal Municipality of Durham, located
wholly or partly within the area under the jurisdiction of CLOCA;
And Whereas in carrying out its mandate under the Act, CLOCA provides Category 2 and 3
programs and services to municipal partners within its jurisdiction including but not limited to erosion
control and restoration planning and works, forest management, invasive species and wildlife
management, watershed and subwatershed planning, biodiversity and ecosystem monitoring,
community education and outreach, research and interpretation, events, and nature-based
programs;
And Whereas under the Act programs and services provided by conservation authorities at the
request of a municipality are to be provided under a memorandum of understanding (“MOU”) or such
other agreements as may be entered into with the municipality in respect of the programs and
services, and such MOUs or other agreements are intended to be higher level parent agreements
that govern the delivery of the programs and services;
And Whereas the Act requires such MOU or other agreements to be reviewed at regular intervals
and to be made available to the public, subject to certain exemptions;
And Whereas this MOU sets out the principles, terms and conditions governing the delivery of
programs and services by CLOCA requested by the City;
Now, therefore, in consideration of the mutual covenants and agreements contained herein
and for other good and valuable consideration the sufficiency of which is hereby acknowledged by
the parties, the parties hereto agree as follows:
1.This MOU shall commence on the Effective Date and shall continue for four years (the “Initial
Term”). Thereafter this MOU shall continue for one (1) additional four (4) year period
(“Renewal Term”) unless either party provides written notice of termination to the other party
at least thirty (30) days prior to the expiry of the Initial Term.
2.This MOU shall be reviewed by the parties on an annual basis as part of the City's budget
process.
3.The following principles, terms and conditions shall govern the delivery of programs services
requested by the City:
a.Subject to complying with procurement and purchasing policies, the City will give due
consideration to CLOCA when procuring services related to CLOCA’s mandate
and areas of expertise.
b.CLOCA’s or the City’s standard form of purchase order and procurement agreements will
be used for the delivery of municipally requested programs and services.
c.CLOCA will maintain such insurance policies as required by the City in respect of the
delivery of programs and services provided pursuant to this MOU.
d.CLOCA will retain all financial and project records in connection with the programs and
services for audit purposes by the City for no less than seven years.
e.Programs and services provided pursuant to this MOU shall be in accordance with any
standards and requirements that may be prescribed under subsection 21.1.1(4) of the
Act.
f.Where programs and services delivered by CLOCA pursuant to this MOU involve user
fees, such user fees shall only be imposed in accordance with CLOCA’s fee policy and fee
schedules adopted in accordance with the provisions of the Act or in accordance with
provisions set out in an agreement between CLOCA and the City.
4.Nothing in this MOU obliges the City to request the delivery of programs and services by
CLOCA.
5.The City and CLOCA will continue to work together to identify opportunities for further
collaboration to the benefit of both parties and ensure efficiency, transparency, and
accountability in the use of public sector resources.
6.This MOU shall be reviewed by the Parties prior to the expiry of the Initial Term or Renewal
Term. It is CLOCA’s responsibility to initiate the review with the City at least ninety (90) days
prior to the expiry of the Initial Term or Renewal Term, as the case may be.
7.This MOU shall be made available to the public in accordance with the Act and any applicable
regulation.
8.This MOU may be executed in counterparts and when each party has executed a
counterpart, each of such counterparts shall be deemed to be an original and all of such
counterparts, when taken together, shall constitute one and the same agreement. The parties
may sign this MOU by means of electronic signature and deliver this MOU by electronic
transmission.
In Witness Whereof, the parties have entered into this MOU as of the Effective Date.
Central Lake Ontario Conservation Authority
Per: Name: Chris Darling
Title: Chief Administrative Office signature
Per: Name: Elizabeth Roy
Title: CLOCA Chair signature
The Corporation of the City of:
Per: Name:
Title: signature
Per: Name:
Title: signature