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Home My WebLink AboutFebruary 26, 2024 Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Call to Order/Roll Call 2. Moment of Reflection Mayor Ashe will call for a silent moment of reflection. 3. Indigenous Land Acknowledgment Statement Mayor Ashe will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Special Council Minutes, January 18, 2024 1 (Confidential In Camera Special Council Minutes, January 18, 2024, provided under separate cover) Council Minutes, January 22, 2024 14 Special Council Minutes, January 30, 2024 32 Executive Committee Minutes, February 5, 2024 36 Special Council Minutes, February 5, 2024 44 6. Presentations 7. Question Period 8. Delegations Members of the public looking to provide a verbal delegation to Members of Council may do so either in person, or through a virtual connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the online delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 5 minutes shall be allotted for each delegation. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 8.1 Carion Fenn, Durham Black Network/Carion Fenn Foundation (In Person) Re: Black History Month 8.2 Stephen Linton, Pickering Resident (In Person) Re: Comments Penned by Lisa Robinson 8.3 Shakkoi Hibbert, Need Some Koi Inc. (In Person) Re: The Importance of Celebrating Black History Month in Pickering 8.4 Belinda Gruber, Oshawa Resident (In Person) Re: The Impact of Recent Comments made by Councillor Lisa Robinson 8.5 Rochelle Thomas, Bowmanville Resident (Virtual) Re: The Opinion Editorial by Councillor Robinson and Support for the Pickering Anti-Black Racism Taskforce 8.6 Vidal Chavannes, Whitby Resident (In Person) Re: Response to Councillor Robinson’s Comments 8.7 Mark Lewis, Aurora Resident (In Person) Re: The Importance of Celebrating Black History in Pickering 8.8 Floyd Heath, Pickering Resident (In Person) Re: The Opinion Editorial by Councillor Lisa Robinson 8.9 Joshua Heath, Pickering Resident (In Person) Re: Concerns regarding Issues of Racism in Pickering 8.10 Edward Cunnigham, Pickering Resident (In Person) Re: The Importance of Black History Month 8.11 Margaret Eskins, DARS (In Person) Re: Concerns regarding Remarks made by Councillor Lisa Robinson 8.12 Esther Forde, President, Cultural Expressions for CHANGE Inc. (In Person) Sharon Croft, Board Member, Cultural Expressions for CHANGE Inc. (In Person) Nicole Griffith, Board Member, Cultural Expressions for CHANGE Inc. (In Person) For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Dane Lawrence, Board Member, Cultural Expressions for CHANGE Inc. (In Person) Re: Concerns regarding Comments made in Councillor Lisa Robinson’s Opinion Editorial 8.13 Marsha Hinds Myrie, Activist in Residence, University of Guelph (Virtual) Nneka Macgregor, Activist in Residence, University of Guelph (Virtual) Re: The Importance of Black Heritage Month and Concerns regarding Councillor Lisa Robinson's Comments 8.14 Nicole Emanuel, Ashburn Resident (In Person) Re: Councillor Lisa Robinson’s Public Statements 8.15 Romina Diaz-Matus, Pickering Resident (In Person) Re: The Opinion Editorial by Councillor Lisa Robinson 8.16 Abdullah Mir, Pickering Resident (In Person) Re: The Opinion Editorial by Councillor Lisa Robinson regarding Black History Month 8.17 Nikki Samuel, Durham Region Anti-Racism Taskforce (In Person) Pita Garth (PG) Case, Durham Region Anti-Racism Taskforce (In Person) Re: Durham Region Anti-Racism Taskforce Solidarity Response 8.18 Odessa Grignon, Pickering Anti-Black Racism Taskforce (In Person) Denise David, Pickering Anti-Black Racism Taskforce (In Person) Paul Martin, Member, Pickering Anti-Black Racism Taskforce (In Person) Re: The Importance of Black History Month and Councillor Lisa Robinson's Opinion Editorial 9. Correspondence 9.1 Corr. 05-24 Kevin Narraway, Sr. Manager of Legislative Services/Deputy Clerk, Town of Whitby Re: Request to the Province to Temporarily Remove Tolls on Highway 407 in Durham Region Recommendation: 1. That Corr. 05-24, from Kevin Narraway, Sr. Manager of Legislative Services/Deputy Clerk, Town of Whitby, dated January 16, 2024, regarding a Request to the Province to Temporarily Remove Tolls For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 50 Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm on Highway 407 in Durham Region, be received and endorsed; and, 2. That a copy of this resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, The Honourable Prabmeet Sakaria, Minister of Transportation, The Honourable Peter Bethlenfalvy, MPP Pickering-Uxbridge, and Durham MPPs. 9.2 Corr. 06-24 52 The Association of Municipalities of Ontario (AMO) Re: AMO Watchfile -Workforce Development Project Municipal Employee Survey Recommendation: That Corr. 06-24 from The Association of Municipalities, dated January 25, 2024, regarding AMO Watchfile -Workforce Development Project Municipal Employee Survey, be received for information. 10. Report EC 02-24 of the Executive Committee held on Refer to Executive February 5, 2024 Committee Agenda pages: 10.1 Chief Administrative Officer, Report CAO 01-24 1 Digital Readiness Assessment and Strategy Recommendation: 1. That the Digital Readiness Assessment and Strategy prepared by MNP Digital Inc. dated September 2023, and provided as Attachment 1, be endorsed in principle; 2. That the recommendations from the Digital Readiness Assessment and Strategy be considered, along with all other municipal priorities, through future annual municipal plans and budget processes; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.2 (Acting) Director, Community Services, Report CS 01-24 174 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Indoor Pickleball -Interim Solution Recommendation: 1. That Report CS 01-24 regarding Indoor Pickleball Courts Interim Solution be received; 2. That staff be directed to further investigate indoor warehouse spaces suitable to accommodate pickleball courts, including a detailed retrofit and operating budget, and that staff report back to Council in Q3, 2024; and, 3. That the appropriate City officials be authorized to take the necessary actions as outlined in this report. 10.3 Director, Engineering Services, Report ENG 02-24 Proposed All-way Stop -William Jackson Drive and Rex Heath Drive 179 Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “6” and Schedule “7” to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of William Jackson Drive and Rex Heath Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.4 Director, Finance & Treasurer, Report FIN 02-24 Bill 23 – Development Charge Revenue Loss for 2023 185 Recommendation: 1. That Report FIN 02-24 regarding an updated financial assessment related to Bill 23 be received; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 2. That Council authorize the Director, Finance & Treasurer to fund the Bill 23 Development Charge revenue loss for 2023 in the amount of the $3,738,095.00 from the Casino Reserve to the following Development Charge categories, as approved in the 2023 Budget recommendations, as follows: a) The amount of $150,112.00 to be transferred to the DC – Other Services Related to a Highway Reserve Fund; b) The amount of $236,351.00 to be transferred to the DC – Fire Protection Services Reserve Fund; c) The amount of $2,642,651.00 to be transferred to the DC – Parks & Recreation Services Reserve Fund; d) The amount of $486,844.00 to be transferred to the DC – Library Services Reserve Fund; e) The amount of $46,985.00 to be transferred to the DC – Growth Studies Reserve Fund; f) The amount of $92,559.00 to be transferred to the DC – Stormwater Management Reserve Fund; g) The amount of $61,522.00 to be transferred to the DC – Transportation Reserve Fund; h) The amount of $21,071.00 to be transferred to the DC – By- Law Enforcement Reserve Fund; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.5 Director, Operations, Report OPS 01-24 OPG Waterfront Trail Licence Amending Agreement Recommendation: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 190 Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 1. That Report OPS 01-24 regarding the Ontario Power Generation Inc. and City of Pickering Licence Amending Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a license amending agreement with the Ontario Power Generation Inc. for a further twenty-five year term, commencing on June 2, 2022 and ending on June 1, 2047, that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 11. New and Unfinished Business 11.1 (Acting) Director, Community Services, Report CS 02-24 Durham Region Transit Services -Accessibility Advisory Committee 67 Recommendation: 1. That Report CS 02-24 regarding Durham Region Transit Service Changes be received; 2. That, further to the recommendation of the Accessibility Advisory Committee, Council be requested to send a letter to the Region of Durham requesting reinstatement of transit services in Pickering that were offered prior to January 1, 2024; and, 3. That the letter be copied to the local area Minister of Provincial Parliament, the Association of Municipalities in Ontario, and all Durham Region Municipalities. 11.2 (Acting) Director, Community Services, Report CS 03-24 Independent 4th Review of the Accessibility for Ontarians with Disabilities Act -Accessibility Advisory Committee Recommendations 70 Recommendation: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 1. That Report CS 03-24, regarding the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act, Accessibility Advisory Committee Recommendations be received; 2. That, further to the recommendations of the Accessibility Advisory Committee, Council be requested to send a letter to the Premier of Ontario, endorsing the Summary of Recommendations as outlined in the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act, recognizing the accessibility crisis in the Province of Ontario; and, 3. That the letter be copied to the local area Minister of Provincial Parliament, and the Association of Municipalities in Ontario. 11.3 Fire Chief, Report FIR 01-24 Supply and Delivery of a Fire Pumper Rescue Replacement -Quotation No. RFQQ2023-29 Recommendation: 1. That response for RFQQ2023-29 submitted by Safetek Emergency Vehicles Limited for the supply and delivery of one Aerial Ladder Apparatus in the amount of $2,259,430.00 (plus HST) be accepted; 2. That the total gross project cost of $2,564,456.00 (HST included) and the total net project cost of $2,309,372.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $2,309,372.00 as follows: a) the sum of $2,000,000.00 from the previously approved 2023 Capital Budget be increased to $2,300,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 10 years; b) the sum of $9,372.00 be funded from property taxes; c) the annual debenture repayment charges in the amount of approximately $305,136.00 be included in the annual Current Budget for the City of Pickering commencing 2025, or such For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 125 Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid; d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft By-law attached to this report be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.4 Director, Operations, Report OPS 03-24 Regional Municipality of Durham Portable Washroom Trailer Lease Agreement 132 Recommendation: 1. That Report OPS 03-24 regarding the Regional Municipality of Durham and City of Pickering Lease Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a lease agreement with the Regional Municipality of Durham for a one-year term, commencing on November 1, 2023 and ending on October 31, 2024, that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 11.5 Director, Finance & Treasurer, Report FIN 04-24 Advisory Services to Meet Asset Retirement Obligation Reporting 140 Recommendation: 1. That Council approve the engagement of the advisory services of Deloitte LLP, under section 10.03 c) of the City’s Purchasing Policy, to assist with the implementation of Public Sector Accounting Standard 3280, Asset Retirement Obligation (ARO); For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 2. That the proposal submitted by Deloitte LLP in the amount of $96,728.00 (HST included) be accepted; 3. That Council authorize the Director, Finance & Treasurer to fund the net project cost of $87,107.00 from property taxes as provided in the 2024 Current Budget; and, 4. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. 12. By-laws 12.1 By-law 8083/24 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. [Refer to Item 10.3 Report ENG 02-24,Page 179 of the Executive Committee Agenda] 12.2 By-law 8084/24 130 Being a by-law to authorize the Supply and Delivery of a Fire Pumper Rescue Replacement in the City of Pickering and the issuance of debentures in the amount of $2,300,000.00. [Refer to Item 11.3 Report FIR 01-24] 12.3 By-law 8085/24 144 Being a by-law to exempt Blocks 160, 178, 182 and 186, Plan 40M-2671, from the part lot control provisions of the Planning Act. 12.4 By-law 8086/24 147 Being a by-law to exempt Block 116, Plan 40M-2632, from the part lot control provisions of the Planning Act. 13. Confidential Council – Public Report 14. Regional Councillor Updates For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda February 26, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 15. Other Business 16. Confirmatory By-law 17. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D.Pickles L.Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S.Boyd -Fire Chief L. Gibbs -(Acting) Director, Community Services B. Duffield -Director, Operations J. Flowers -CEO & Director of Public Libraries, Pickering Public Library R.Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer J. Halsall -Division Head, Finance C.Rose -Chief Planner N. Surti -Division Head, Development Review & Urban Design S. Cassel -City Clerk C. Redmond -(Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in- person. 2. Disclosure of Interest No disclosures of interest were noted. Resolution #377/24 Moved by Councillor Robinson Seconded by Councillor Cook - 1 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm That Council move into closed session in accordance with the provisions of Section 239(2) of the Municipal Act and the Procedure By-law, to consider a proposed or pending acquisition or disposition of land by the municipality, receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. The matters are being discussed in closed session as they pertain to a confidential verbal update from the Chief Administrative Officer and Director, Finance & Treasurer pertaining to potential land valuation and options as it relates to capital project priorities. Carried Members of Council and applicable staff moved from the Council Chambers to the Main Committee Room for the in-camera portion of the Meeting. 3. In Camera Matters (Main Committee Room) 3.1 Confidential Verbal Update from the Chief Administrative Officer and the Director, Finance & Treasurer, and a Presentation from Shawn Oakley, Real Estate Advisory, KPMG LLP Re: Development Analysis: Land Valuation and Options This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #378/24 Moved by Councillor Cook Seconded by Councillor Nagy That Council rise to the open session of the Special Meeting of Council. Carried 4. Confidential Special Council – Public Report (Council Chambers) Mayor Ashe stated that during the closed portion of the meeting, Council received a confidential verbal update as it pertains to a development analysis of land valuation and options as it relates to capital project priorities and that no decisions were made and no direction was provided to staff. 5. Delegations 5.1 Sarah Sheehy, Chair, Pickering Public Library Board - 2 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm Charlie Wascher, Co-Chair, Pickering Public Library Teen Advisory Group Re: Report FIN 01-24 Capital Projects Priorities Sarah Sheehy, Chair, Pickering Public Library Board, appeared before Council on behalf of the Pickering Public Library Board (PPL) to speak to FIN 01-24. Ms. Sheehy stated that a modern library was an essential service and space for thousands of residents. Ms. Sheehy provided an overview of the various programs and events offered at the PPL and provided statistics on the number of active cardholders and website users. Charlie Wascher, Co-Chair, Pickering Public Library Teen Advisory Group, appeared before Council to speak to what the library means to him. Mr. Wascher stated that the library was not only a place to read, but a place to grow, learn and make friends. Mr. Wascher advised that the library was more than just a building, it was also a second home. Ms. Sheehy spoke to the proposed Capital Projects Priorities in the Report including her excitement for the design and construction of the Seaton Recreation Complex and Library. Through outreach conducted by library staff in the summer, she noted that residents are supportive of the Seaton Library and pleased that it will offer year-round outreach to Seaton residents. Ms. Sheehy commented that although located in Seaton, the library would be used by all residents of Pickering and co-located with other community services. Ms. Sheehy also spoke to the Library Board’s support for the Pickering Heritage and Community Centre that would include two library spaces, a local history resource centre, and a library kiosk. She stated that the Library Board was supportive for Council’s vision to include a new library as part of the City Centre Project noting that the new library would ensure that as Pickering grows, there would be sufficient space to meet the needs of the community. Ms. Sheehy advised that the Board had voiced the need for a new library in 2012 and stated that the Board does not support the option for the renovation of the current Central Library, as it devalues the recent vision of Council to build a new City Centre Library, and had expressed concerns regarding the amount of time the library would be closed to the public to complete the renovations. Ms. Sheehy added that the Library’s Anti-Black Racism Working Group was also in support of a new City Centre Library, as a new library would benefit all community members especially marginalized community members who are often affected by systemic racism and poverty and added that the effect of poverty creates barriers that affect quality education. Ms. Sheehy noted that with the growth, development and diversity of people moving into Pickering, that libraries are a critical service to address the needs of the community that were not currently being met in Pickering. Ms. Sheehy concluded her delegation by noting that the Library Board supports a vision for a strong, vibrant Pickering that includes recreation centres, - 3 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm outdoor spaces, community centres and libraries and asked Council to keep true to their vision of a new City Centre Library at a time when they can fully fund the project. 5.2 Gregory Oakes, Chairman, Pickering Museum Village Foundation Re: Report FIN 01-24 Capital Projects Priorities Gregory Oakes, Chairman, Pickering Museum Village Foundation (PMVF), appeared before Council on behalf of the Foundation to express support for the Pickering Heritage Community Centre. He advised that the PMVF had worked with the Museum since 1996 and had supported many of its projects and added that the Museum was an asset to the culture and arts of the community. Mr. Oakes advised that since the Museum moved to Greenwood, it has expanded its services over the years, but that the Administration Building had been neglected with limited maintenance and physical improvements. He expressed the need for a new Administration Building as the existing building was too small, was outdated for the current programs and services and posed a health and safety hazard for those that use it. Mr. Oakes stated that in anticipation of the start of construction, administration staff were moved to Odd Fellows Hall which was not designed for office space and had affected rental revenues, as the building was closed to programs and events. He provided an overview of the City’s 2014 Cultural Strategic Plan to improve the Museum, the 2018 plans to build a smaller building on City owned land, the plans in the 2023 Budget for an even smaller building, and the 2024 plans to lower the scope of the building even further and stated that this would not satisfy the needs of the Museum going forward. He noted that design and construction costs increase each year even though plans for the building size have decreased. Mr. Oakes expressed his concern that grant funding would be affected by the delays in construction. He stated that the Pickering Heritage Community Centre would enhance the Museum by providing much needed year-round space for administration programming that would generate more revenue. He added that the new Centre would provide the north Pickering community with access to library and educational space, the archive collection, and a performing space. Mr. Oakes asked that the City not defer the Pickering Heritage Community Centre project, but if Council did not approve the Project, that they consider replacing the existing Administration Building using the grant funds. A discussion and answer ensued between Members of Council and Mr. Oakes regarding: • clarification on the proposed health and safety concerns with the current Administration Building; • clarification that because the building is too small, most of the museum’s artifacts are currently stored away and not visible to the public; and, - 4 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm • the impact of the loss of potential revenue as Odd Fellows Hall is being used for administrative space. 5.3 John Sabean, Pickering Township Historical Society Re: Report FIN 01-24 Capital Projects Priorities John Sabean, Pickering Township Historical Society (PTHS), appeared before Council in support of the Pickering Heritage and Community Centre Project and provided an overview of the history of Pickering. Mr. Sabean advised that historical papers and artifacts held by the Ontario Archives were given to the Pickering Township Historical Society and are now stored in a basement and not accessible to the public or researchers as there is no space at the Museum to store them. Mr. Sabean advised that hundreds of other documents related to the history of Pickering are also stored in the basement including maps, photos, postal items, books, artwork, and other various documents which all help to tell the story of Pickering’s past. Mr. Sabean expressed the need for archive space to store these items as well as borrowed items, and a space that is accessible to those who want to research its treasures. He spoke to PTHS’s contribution of donations of works fine arts some of which are displayed in the library and others that remain in storage in the museum. Through the aid of PowerPoint presentation, Mr. Sabean provided an overview of some of the art pieces including a number of portraits and paintings from the Fothergill collection, and other works from various artists, all of which tell the story of the history of Pickering. Mr. Sabean remarked that Pickering needs a place where people view the works and learn about the rich history of Pickering. 5.4 Christine Leu, Partner, Leuwebb Projects Re: Report FIN 01-24 Capital Projects Priorities Christine Leu did not connect electronically into the meeting and did not provide a delegation. 5.5 John Edmonds, Oshawa Resident Re: Report FIN 01-24 Capital Projects Priorities John Edmonds, Oshawa Resident, appeared before Council in support of the Pickering Heritage Community Centre Project. Mr. Edmonds commented that through his experience in theatrical production as a patron, volunteer and educational instructor at the Museum, he had heard that events such as “The Spirit Walk” are well known both in and outside of the community. He expressed his concern that the current site has no place for visitors to wait in inclement weather. Mr. Edmonds concluded his delegation by stating that he wants the - 5 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm PHCC project to go forward as it would bring people from around the world to see “Spirit Walk” and other events at the Museum. 5.6 Janet Cobden, Pickering Resident Dave Cobden, Pickering Resident Re: Report FIN 01-24 Capital Projects Priorities Janet Cobden and Dave Cobden, Pickering residents, appeared before Council in support of the Pickering Heritage Community Centre Project. Ms. Cobden advised that she has been a volunteer for over 16 years mostly working with conservation staff. In 2023 the artifacts were moved as the building was to be demolished. She added that when demolition was paused over 10,000 artifacts were crated. She advised that by going ahead with the Pickering Heritage Community Centre, they would be able to showcase some of these items, including personal and household items, machines, past and present works of art, and other forms of art. She advised that with the increase in the growth of Seaton, this new centre would be an asset to new residents. She noted that with the Greenwood Community Centre being at the end of its lifespan, a new community centre would provide cultural and recreational programs for the community in a safe environment. Ms. Cobden concluded by asking Council to consider the project as it will be an asset to the community. 5.7 Scott Loyst, Pickering Resident Re: Report FIN 01-24 Capital Projects Priorities Scott Loyst, Pickering resident, appeared before Council in support of the Capital Projects that include skate parks. Mr. Loyst noted that the City Centre project concept included a skate path and would be a great summer location for a Pickering mobile skateboard park. He stated that he was also in support of the Seaton Recreation Complex and Library as it was a future location for another skate park. He remarked that since skateboarding had entered the Olympics, many municipalities are including skate parks in their new facilities and remarked that skate parks should be included in all new recreation facilities along with other action sports. Mr. Loyst commented that he was in support of the Pickering Heritage Community Centre as his family enjoyed the Museum but added that it needed updating. 5.8 Margaret Bowie, Pickering Resident Re: Report FIN 01-24 Capital Projects Priorities Margaret Bowie, Pickering Resident, appeared before Council to express her concern regarding the Capital Projects Budget. She remarked that the focus of her - 6 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm presentation was on the issue of debt and that although debt was inevitable, Pickering should strive to be debt free. Ms. Bowie commented that Pickering Casino revenues were helping, but that the City’s debt had been derailed by Bill 23, the pandemic and inflation. Ms. Bowie stated that residents need to be consulted on the Capital Budget and understand the effects of tax increases. She commented on the need for transparency, accountability, and democracy from elected officials. Ms. Bowie recommended that Council hold a meeting to discuss the allocation of casino funds in the Mayor’s budget and noted that Council had received a copy of the Town of Ajax’s Capital Budget from her prior to the Meeting, showing the continuity and transparency of its reserve funds. Ms. Bowie concluded her delegation by stating that Council had the opportunity to make things better for Pickering. 5.9 Paul Savel, Pickering Resident Re: Report FIN 01-24 Capital Projects Priorities Paul Savel, Pickering Resident, appeared before Council as an active volunteer and supporter of the Pickering Museum Village for over 20 years including serving as a member of the Pickering Museum Advisory Committee from 2004 – 2018. He advised that the museum is an irreplaceable asset to Pickering’s cultural and heritage portfolio. He remarked that it presents a living history to over 10,000 students each year as well as hosting quality programs and special events for the general public. He advised that the Pickering Museum also plays an important role in conservation, protection and storage of artifacts tied to Pickering’s history. He advised that without a proper storage area to house and protect the artifacts, there is a risk that part of the past could be lost forever. He remarked that the existing infrastructure to house the artifacts was not adequate, environmentally sound and was susceptible to insects and animal infestation which could damage the artifacts. He noted that the space is also not safe for office staff and noted that the temporary move for staff to Odd Fellows Hall had interrupted the Museum and removed a source of revenue as the building is not available for rentals. He noted that once the new facility is completed, the Museum could continue its unique programming and events. Mr. Savel concluded his delegation by stating that the Pickering Heritage Community Centre would ensure the safe storage of artifacts, provide a much-needed replacement for the Greenwood Community Centre, a safe place for Museum staff and guests visiting the Museum, and asked Council to keep the Pickering Heritage Community Centre project as a Capital Budget priority. 5.10 Manu Alberola, Creative Producer, TKNL Re: Report FIN 01-24 Capital Projects Priorities - 7 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm Manu Alberola, Creative Producer, TKNL, appeared electronically before Council in support of the Pickering Heritage Community Centre (PHCC). Mr. Alberola advised that he is a creative producer that has worked with the City on design concepts for the PHCC and other projects. He commented on the relevance and importance of the City to curate space for art and culture and that a multi-function facility is a way to enhance, engage and bring pride to the community in one hub and can act as an incubator for a new way of Pickering life. 5.11 Dorsey James, Pickering Resident Re: Report FIN 01-24 Capital Projects Priorities Dorsey James, Pickering Resident, appeared before Council in support of the Pickering Heritage Community Centre (PHCC). As a local sculptor artist, he shared his insights and reasons as to why he believes the arts and the PHCC were a good idea. Mr. James stated that he had pursued education in fine arts and that he sees art in the community as entertaining and educational, which exposes individuals to beliefs and practices in cultures other than their own. He remarked that art teaches us to our legacies and is necessary to maintain through time, the legacy of where we have gone, what we have done and who we have been. Mr. James concluded his delegation by stating that the PHCC was a good idea and requested that Council keep it alive. 5.12 Philip Warne, Elevator Controls Canada Inc. Re: Report FIN 01-24 Capital Projects Priorities Philip Warne, Elevator Controls Canada Inc., appeared before Council regarding his support for the staff recommendation in the Report to limit the priorities to one or two projects, but noted he had heard the passion of the previous delegations who were supportive of various projects. Mr. Warne discussed his concerns with the impacts of the Seaton Recreation Complex construction and debt servicing costs outlined in the Report. He noted that municipal expenditures on municipal complexes, museums, libraries and parks were not built on sound business cases but noted there are many intangibles that include the quality of life and enjoyment of the community. Mr. Warne commented that even with the high cost of the Seaton Recreation Complex project, it is time to move forward with the Project as residents have limited or no access to local facilities but that he was concerned with the budget and funding model. Mr. Warne asked that Council put aside visions of grandeur and seek further clarification regarding City revenue growth. He further requested that Council consider the other options in the Report, endorse the recommendation for the Seaton Recreation Complex, and to defer funding of the other projects. Mr. Warne concluded his delegation by stating that at the recent Ward 1 and Ward 2 Town Hall meeting, concerns were raised that - 8 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm Mayor Ashe may use the Strong Mayor Powers to veto any decisions made today and urged Mayor Ashe not to use those powers. 5.13 Jan Pettafor, Pickering Community Concert Band Re: Report FIN 01-24 Capital Projects Priorities Jan Pettafor, Pickering Resident, appeared before Council on behalf of the Pickering Community Concert Band in support of the City Centre Project. Ms. Pettafor provided an overview of the many events that the Pickering Community Concert Band had played at many Pickering events including, Tree Lighting, Canada Day, Artfest, and Poinsettia Tea. Ms. Pettafor advised that the band has grown to 60 members and they have outgrown their current space at the East Shore Community Centre. She advised that she looks forward to the new Performing Arts Centre and would like to see a designated performance and storage space to house their instruments. Ms. Pettafor concluded her delegation by stating that she would like to see this Project go ahead. It was the consensus of Council to take a short recess. Council recessed at 3:49 p.m. and reconvened at 4:02 p.m. 6. Matters for Consideration 6.1 Director, Finance & Treasurer, Report FIN 01-24 -Capital Projects Priorities Shawn Oakley, Real Estate Advisory, KPMG LLP, and Lindsay Hochman, Senior Architect, Hariri Pontarini Architects (HPA), appeared before Council and through the aid of a PowerPoint presentation spoke to the next phase of the City Centre Project by providing an analysis of the selected option previously decided by Council. Mr. Oakley provided background information on the City’s vision to develop a central hub of spaces including a Central Library, Community Centre, Performing Arts Centre, Administrative space expansion, public park and other public amenities. He discussed the methodology that was developed by KPMG and HPA to deliver the options mandate, including requirements, design, stakeholder engagement, net project cost, potential partnership structure, market sounding and report development. Lindsay Hochman appeared before Council and provided an overview on how they developed the project concept including meetings and presentations with staff, a public survey, and public engagement. Ms. Hochman provided details of the proposed program for the City Centre Park, and with feedback from staff and the public, how best to incorporate the requirements with the space available. She advised that what they heard from the survey was the need for various amenities - 9 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm including hardscape, a Farmer’s Market, a performance infrastructure building, and a refrigerated skating rink. Mr. Oakley discussed the four different program options, and provided details with each of the concepts, including with or without residential, with a new library or with a renovation of the current Central Library. Ms. Hochman provided an overview of the renderings of the various views proposed for the City Centre Park and the amenities that would be included at the different facilities. Mr. Oakley discussed the current and future considerations for parking for both visitors and staff behind the Chestnut Hill Recreation Complex and underground parking below the library/community centre. He provided an overview of the project phasing and gross project costs including a range of options. Mr. Oakley provided an overview of partnership models that staff could explore and discussed the market sounding approach with developers. Detailed discussion ensued between Members of Council and staff regarding: • confirmation that although this exercise was to prioritize a number of unique Capital Projects, other projects such as roads, parks, bridges, sidewalks and other projects would still be coming forward for consideration in the Mayor’s 2024 Capital Budget; • timelines for the public consultation exercise pertaining to the Seaton Recreation Complex and Library; • the benefits of the Pickering Heritage Community Centre being a shovel ready project, partially funded by grant monies, and being the first Community Center in Pickering north of Finch Avenue; • the importance of the setting in motion a number of legacy projects including the City Centre Park, Pickering Heritage Community Centre, and Petticoat Creek Conservation Park; • the merits of taking a more conservative approach to both the Seaton Recreation Complex and the PHCC, and how the city’s debt capacity might be impacted should a catastrophic event occur; • clarification on the cost of pursing naming rights revenues; and, • the impacts of inadequate DC funding and if any level of government would substitute Pickering’s losses. Resolution #379/24 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Report FIN 01-24 of the Director, Finance & Treasurer be received; - 10 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm 2. That Council confirm the first capital budget priority as the Seaton Recreation Complex & Library at an estimated total project cost of $242.97 million (design, construction and furniture & fixtures) and that Council recommends that the Mayor be requested include this project in the 2024 Capital Budget and Capital forecast as follows: a) That the 2024 Capital Budget include $22.95 million for design of the Seaton Recreation Complex & Library to be funded as follows: i. A transfer from the Development Charges Reserve Fund Parks & Recreation in the amount of $17,622,209; ii. A transfer from the Development Charges Reserve Fund Library in the amount of $4,854,760; and, iii. A transfer from the Seaton FIA Reserve in the amount of $473,031; b) That the Capital Forecast 2025 to 2033 include funding for construction and related costs for the Seaton Recreation Complex & Library in the amount of $220.02 million. 3. That Council confirm the second capital budget priority as Pickering City Centre Project Phase One which is the City Centre Park at an estimated total cost of $15.0 million (design, construction and furniture & fixtures) and that Council recommends that the Mayor be requested to include this project in the 2024 Capital Budget and Capital Forecast as follows: a) That the 2024 Capital Budget include $1.5 million for design to be funded as follows: i. A transfer from the Casino Reserve Fund in the amount of $750,000; ii. A transfer from the Parks and Recreation Reserve Fund in the amount of $750,000; and, b) That the Capital Forecast 2025 to 2033 include funding for construction and related costs for the Pickering City Centre Project Phase One which is the City Centre Park in the amount of $13.5 million. 4. That Council confirms the following additional capital budget priorities and requests that the Mayor include the applicable funds in the 2024 Current and Capital Budget and Capital Forecast: - 11 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm a) Pickering Heritage Community Centre (Scenario 3), with the awarding of the construction contract having to be considered by Council in February 2024, that has an estimated ARL impact of 19.0 percent, and an estimated gross cost of $61.2 million less Federal Government Grants of ($16.5 million) which translates into a net cost of $44.7 million; b) That staff be directed to commence negotiations with TRCA for Petticoat Creek Conservation Park (PCCP), with the ownership issue still to be resolved, and report back to Council by Q4, 2024, and, that future consideration be given, based on the amenities set out for PCCP in Scenario 4, and to include basketball courts and an outdoor pool, at such time that a visionary exercise commences; and, c) That the Pickering City Centre Project Phase Two (Scenario 6), be deferred to 2028 upon the completion of the Seaton Recreation Complex & Library. 5. That Council authorize the Director, Finance & Treasurer to pursue a financial strategy that maximizes the economic benefit of its Elexicon investment and that the Mayor be requested to include sufficient funds in the 2024 Current Budget for the Treasurer to undertake such action; 6. That Council authorize the Director, Finance & Treasurer to pursue all possible options as it relates to addressing the current inadequate DC funding of the growth-related capital program and capital forecast and that the Mayor be requested to include sufficient funds in the 2024 Current Budget to undertake such action; 7. That Council authorize City staff to pursue naming rights revenues, other private sector partnerships and grant programs for the confirmed capital budget priorities, whereby it would be beneficial to the City from a financial lens, and that Council recommends that the Mayor be requested to include $50,000 in the 2024 Current Budget to undertake this activity; and, 8. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Carried Unanimously on a Recorded Vote 7. Confirmatory By-law By-law Number 8072/24 Councillor Cook, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of January 18, 2024. - 12 - Special Council Meeting Minutes January 18, 2024 Hybrid Electronic Meeting Council Chambers 1:30 pm 6. Adjournment Moved by Councillor Nagy Seconded by Councillor Robinson That the meeting be adjourned. The meeting adjourned at 5:00 pm. Dated this 18th day of January, 2024. Carried Carried Kevin Ashe, Mayor Susan Cassel, City Clerk - 13 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy L.Robinson Absent: D.Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S.Boyd -Fire Chief L. Gibbs -(Acting) Director, Community Services B. Duffield -Director, Operations R.Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Redmond -(Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person save and except Councillor Pickles. 2. Moment of Reflection Mayor Ashe called for a silent moment of reflection. 3. Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. - 14 - 5. 6. 7. 8. Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Adoption of Minutes Resolution # 380/24 Moved by Councillor Cook Seconded by Councillor Robinson Council Minutes, December 11, 2023 Executive Committee Minutes, January 8, 2024 Special Council Minutes, January 8, 2024 Carried Presentations There were no presentations. Question Period There were no questions posed by members of the public during Question Period. Delegations 8.1 Clint Scott, PARA Marine Search and Rescue Re: PARA Marine Search and Rescue’s 2024 Annual Report and Strategic Plan Clint Scott, PARA Marine Search and Rescue (PARA) appeared before Council to speak to PARA Marine Search and Rescue’s 2024 Annual Report and Strategic Plan. Through the aid of PowerPoint presentation, Mr. Scott stated that PARA has been in service for over 50 years and provided an overview of the history of the organization. He spoke to PARA’s 5 to 10 year Strategic Plan including Management Transparency, Search and Rescue Readiness, and a summary of PARA’s notable tasks. Mr. Scott provided highlights from the 2023 Durham Region Report, and how PARA is currently funded. He advised that instead of purchasing a new vessel, funds would go towards repowering their current vessel and for a remote technology device that offers near shore capability. Mr. Scott advised that PARA would postpone the purchase of a new vessel until the 2030s, as repowering the boat will give PARA an additional 10 years to raise funds. Mr. Scott advised that PARA is requesting assistance to obtain corporate and government grants to finance a new vessel. He added that they had developed a sponsorship fundraising package to target fundraising and awareness at local events and that the package had been provided to Members of Council prior to the Meeting. - 15 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm A question and answer period ensued between Members of Council and Mr. Scott regarding: • the cost of a new vessel; • how the remote technology device (drone) would work; and, • clarification that some of the funds used to rebuild the engine in 2023 would be offset by selling the current engine. 8.2 Eileen Higdon, Pickering Resident Re: Concerns regarding the City’s Procedure By-law Eileen Higdon, Pickering Resident, appeared before Council to express her concerns with the City’s Procedure By-law as it relates to Council decorum. Ms. Higdon asked that all legal costs for judicial review be included as a line item in the Budget to be easily identified by residents. She commented that she hopes the new Members of Council find guidance and become stronger because of what they have experienced regarding the lack of decorum on Council. 8.3 Darshan Sritharan, Pickering Rotary Club Re: Fee Waiver Request for Pickering Ribfest Darshan Sritharan, Treasurer, Pickering Rotary Club, Don Alton, President-Elect, Pickering Rotary Club and René Soetens, Ajax Rotary Club, appeared before Council to discuss the upcoming Pickering Rotary Ribfest scheduled for June 14 to 16, 2024. Mr. Sritharan provided a written breakdown of the costs associated with the Ribfest Event which were distributed to Members of Council by the City Clerk. Mr. Sritharan expressed his appreciation for Mayor Ashe and Members of Council for their support of the Pickering Rotary Club, and Mayor Ashe’s commitment for a $5,000 grant. Mr. Sritharan provided an overview of the Pickering Rotary Club’s charitable activities and advised that the Pickering Rotary Club is seeking additional support from the City for various expenses for Pickering Ribfest over and above waiving the fees. He added that partnering on this event would contribute significantly to the success of local businesses and well-being of the community. A question and answer period ensued between Members of Council and staff regarding: • the inclusion in the 2024 Mayor’s Budget of a $5,000 grant that would require an amendment to the City’s Grant Policy as Pickering Rotary Club is not eligible for a Community Grant because they receive Bingo funds; • the Pickering Rotary Club’s request for approximately $12,000 total and how they currently raise funds; • if the fee waiver request included the park fees for the 2024 Ribfest Event; • whether the Pickering Rotary Club received income from the event and clarification that the funds were directly donated back to the community; - 16 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm • if non-associated City costs outlined in the cost breakdown included entertainment, picnic tables, and a carnival; • how Bingo funds cannot be used for Pickering Ribfest expense because the Pickering Rotary Club receives Bingo funds, they cannot apply for other grants; and, • the economic drivers created by the Event in terms of additional sales related to tourism, local businesses, entertainment, and hotels. 8.4 Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper Re: Corr. 04-24 Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper Re: Clarification on What Must be Published under Section 270(1)(4) of the Municipal Act Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper, appeared before Council to discuss how municipalities are going to publish legislated notices in a newspaper under the Municipal Act, now that the local paper is no longer publishing in print form. Mr. Ingino commented that social media was not a medium for public notices as not all residents have access to internet services. He noted that municipalities have the option to post in small local papers that cater to the municipality or in national papers where notices may be lost due to the size and circulation of the paper. Mr. Ingino suggested that the City work together with him to develop a space for posting public notices and other important messaging from the City. A question and answer period ensued between Members of Council, staff and Mr. Ingino regarding: • how the Oshawa/Durham Central Newspaper is circulated; • whether there are any other newspapers in the Region of Durham; • whether the Oshawa/Durham Central Newspaper is distributed door to door and whether its circulation will increase in future; • the differing types of content in local community papers compared with national papers; and, • whether the circulation of the Oshawa/Durham Central Newspaper meets the provisions under the Municipal Act for public notices. 8.5 Margaret Bowie, Pickering Resident Re: Report PLN 02-24 Tree Protection By-law Update Response to Council Resolution #333/23 on Report PLN 37-23 (the Phase 3 Recommendation Report) Margaret Bowie, Pickering Resident, appeared before Council and spoke to her concerns with Report PLN 02-24. She stated that she was pleased that Council - 17 - 8.6 , 9. 9.1 Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Correspondence had taken the first step to protect the tree canopy in Pickering but wanted to ensure that the City put policies and procedures in place to protect trees from removal and destruction. She commented that it was everyone’s responsibility to understand and protect nature, and that the provincial and federal governments had programs that the City can partner with regarding tree protection. Ms. Bowie commented that the City of Brampton received a $1.2 million grant from the federal government to help Brampton with its trees. She asked that Report PLN 37-23 be referred back to staff for further public consultation. Garry Winsor, Pickering Resident Re: Report PLN 02-24 Tree Protection By-law Update Response to Council Resolution #333/23 on Report PLN 37-23 (the Phase 3 Recommendation Report) Garry Winsor, Pickering Resident, appeared before Council on behalf of the Fairport Beach Neighbourhood Association to discuss his concerns with Report PLN 02-24. He advised that he had lobbied for a number of years to lower the diameter of the trees that the City protects, in line with some other municipalities. Mr. Winsor commented that the average annual residential tax bill allots for approximately $50 per year for trees and felt this was reasonable for tree protection. He further commented that the federal government had recognized that trees are an asset to combat global warming through their ability to absorb carbon dioxide. Mr. Winsor suggested that builders and developers should indicate on their site plan application all the mature trees on the property and how they will be protected. Corr. 01-24 Alexander Harras, Director of Legislative Services & Regional Clerk, The Regional Municipality of Durham Re: Request the Government of Ontario to provide core funding for organizations providing programs, care, and services for adults with Autism Spectrum Disorder as part of the 2024 Provincial Budget. Resolution # 381/24 Moved by Councillor Brenner Seconded by Councillor Nagy That Corr. 01-24, from Alexander Harras, Director of Legislative Services & Regional Clerk, The Regional Municipality of Durham, dated December 20, 2023, regarding a Request for the Government of Ontario to provide core funding for - 18 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm organizations providing programs, care, and services for adults with Autism Spectrum Disorder as part of the 2024 Provincial Budget, be received. Carried 9.2 Corr. 02-24 The Township of Alnwick/Haldimand Re: Bill 3, Strong Mayors, Building Homes Act A brief question and answer period ensued between Members of Council regarding: • Bill 3 being a reflection of legislation that is disrespectful to elected officials and their capacity to represent the constituents of the Wards in which they were elected; • Bill 3 removing an elected official’s ability for accountability to their constituents; • the pressures on municipalities and the Region of Durham because of the Building Homes Act and the need for change in these areas to come from Councils collectively, not just an individual Member; and, • the potential for abuse under the Strong Mayors legislation. Resolution # 382/24 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Corr. 02-24 from The Township of Alnwick/Haldimand, regarding Bill 3, Strong Mayors, Building Homes Act, dated November 28, 2023 be received and endorsed; 2. That the Provincial Government be requested to rescind Bill 3, Strong Mayors, Building Homes Act, 2022; and, 3. That a copy of this resolution be forwarded to the Honourable Premier Doug Ford, the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, Durham Region MPP’s, the Council of the Regional Municipality of Durham, and all lower tier Durham Region municipalities. Carried on a Recorded Vote as Follows: Yes: Abstained: Councillor Brenner Mayor Ashe Councillor Butt Councillor Cook - 19 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Councillor Nagy Councillor Robinson 9.3 Corr. 03-24 The Association of Municipalities of Ontario (AMO) Re: Policy Update – Social and Economic Prosperity Review Resolution # 383/24 A question and answer period ensued between Members of Council and staff regarding: • the cost of infrastructure services such as water and sewer, the impact of the changes to development charges, and the associated impacts on the tax payer; • the downloading of provincial responsibility to the local level and the associated impacts; • whether the resolution to support the AMO initiative would place any further financial burden on the City; and, • clarification that the motion is intended to support AMO’s recommendation calls on the Province to meet and discuss the downloading of services to municipalities. Moved by Councillor Butt Seconded by Councillor Brenner 1. That Corr. 03-24, from The Association of Municipalities of Ontario (AMO), dated January 10, 2024, regarding a Social and Economic Prosperity Review be received; and, 2. That The Honourable Doug Ford, Premier of Ontario, be advised that the City of Pickering, at its meeting held on January 22, 2024 adopted the following: Whereas current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; And Whereas nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year; And Whereas municipal revenues, such as property taxes, do not grow with the economy or inflation; - 20 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm And Whereas unprecedented population and housing growth will require significant investments in municipal infrastructure; And Whereas municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises; And Whereas inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; And Whereas property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution programs for those most in need; And Whereas the province can, and should, invest more in the prosperity of communities; And Whereas municipalities and the provincial government have a strong history of collaboration; Now therefore be it resolved that The Corporation of the City of Pickering calls on the Province of Ontario to commit to undertaking with the Association of Municipalities of Ontario, a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario; and, 3. That a copy of this resolution be sent to the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario (AMO), the Region of Durham and all lower tier Durham Region municipalities. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Nagy Mayor Ashe 9.4 Corr. 04-24 Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspapers Re: Clarification on What Must be Published under Section 270(1)(4) of the Municipal Act - 21 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm A question and answer period ensued between Members of Council and staff regarding: • whether the City had published any material in the Oshawa/Durham Central Newspaper; • whether the City could begin to share news and media releases with the Oshawa/Durham Central Newspaper for their reporting, without incurring any cost to the municipality; • the importance of having a community newspaper, that focuses on local issues, so that constituents are kept updated; and, • whether the correspondence could be referred back to staff for consideration for when the Public Notice Policy is brought forward to Council. Resolution # 384/24 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Corr. 04-24, from Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspapers, dated January 1, 2024 be received, and, 2. That the Oshawa/Durham Central Newspaper provide City Staff with documentation to demonstrate when its circulation meets the level of readership of the Toronto Star, in the City of Pickering, so that it can be considered for use as the local newspaper for the City of Pickering to communicate public notices and messaging, as required under legislation or City Policy. Carried Later in the Meeting (See following motions) Resolution #385/24 Moved by Councillor Robinson Seconded by Councillor Brenner That items 1 and 2 of the main motion be divided in order that they may be voted on separately. Carried Item 1 of the main motion now being before Council: Resolution 386/24 - 22 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Moved by Councillor Robinson Seconded by Councillor Brenner That Corr. 04-24, from Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspapers, dated January 1, 2024 be received; Carried Item 2 of the main motion now being before Council: Resolution 387/24 Moved by Councillor Robinson Seconded by Councillor Brenner That Corr. 04-24, from Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspapers, dated January 1, 2024, be referred to staff, for consideration as part of the review of the City’s Notice Policy. Carried 10. Report EC 01-24 of the Executive Committee held on January 8, 2024 10.1 Director, City Development & CBO, Report PLN 01-24 -Part IV Designation of 301 Kingston Road This item was referred back to staff at the Executive Committee Meeting held on January 8, 2024. 10.2 Director, City Development & CBO, Report PLN 02-24 Tree Protection By-law Update Response to Council Resolution #333/23 on Report PLN 37-23 (the Phase 3 Recommendation Report) A question and answer period ensued between Members of Council and staff regarding: • what precautions the City takes to protect its trees; • the community engagement and education undertaken to date on the proposed by-law; • clarification that the new proposed by-law would protect more areas such as woodlots; • the associated risks should the City not adopt the updated by-law so that it can be in effect prior to the spring season; and, - 23 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm • a request that staff provide an update on the measurements of success of the new By-law in Q4 of 2024. Council Decision: 1. That Council approve the new modernized Tree Protection By-law, as set out in Appendix I to Report PLN 02-24; 2. That Council approve an amendment to the General Municipal Fees & Charges By-law 6191/03, as amended, as set out in Appendix II, to implement the modernized Tree Protection By-law; and, 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Resolution #388/24 Moved by Councillor Butt Seconded by Councillor Brenner That Report EC 01-24 of the Executive Committee Meeting held on January 8, 2024 be adopted. Carried It was the consensus of Council to take a short recess. Council recessed at 9:06 pm and reconvened at 9:18 pm. 11. Reports – New and Unfinished Business 11.1 Director, Operations, Report OPS 02-24 Facilities Renewal Study Resolution # 389/24 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Report OPS 02-24 regarding the City of Pickering Facilities Renewal Study prepared by PSD Citywide Inc., dated January 2024 be endorsed in principle; 2. That recommendations of Report OPS 02-24 and the Facilities Renewal Study be considered, along with other municipal priorities, through future annual municipal plans and budget process; and, - 24 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.2 Director, City Development & CBO, Report PLN 03-24 Consulting Services for Urban Design Review Services RFP-2023-22 Resolution # 390/24 Moved by Councillor Butt Seconded by Councillor Brenner 1. That proposal for Request for Proposal No. RFP-2023-22, submitted by John G. Williams Limited, Architect, to undertake Urban Design Review Services for three years commencing February 1, 2024, and expiring December 31, 2026 be accepted; and, 2. That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. Carried 12. Motions and Notice of Motions 12.1 Additional Dwelling Units A discussion ensued between Members of Council regarding: • additional dwelling units being considered a right and a way to introduce affordable housing units; • whether upper levels of government could introduce additional measures for financial support for those willing to be part of the solution; • the need for support from the public utilities to waive hook-up fees; and, • clarification that the wording of the motion applied to residential property owners as opposed to developers. Resolution # 391/24 Moved by Councillor Brenner Seconded by Councillor Butt - 25 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm WHEREAS, all levels of Government recognize the lack of affordable housing; And Whereas, the Province of Ontario has implemented as-of-right legislation permitting a maximum of 2 Additional Dwelling Units that can be constructed on most residential properties; And Whereas, such construction must adhere to Regulations under the Ontario Building Code; And Whereas, the costs for infrastructure and building materials to meet these regulations will make these units unattainable and unaffordable; And Whereas, such costs would include, water, sanitary, heating, and electricity; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs: 1. That the Federal and Provincial Governments be requested to introduce additional measures that will provide financial support to those residential property owners who construct code compliant Additional Dwelling Units to be used for affordable rental units; 2. That all applicable public utilities, (inclusive of Elexicon Energy, Enbridge, Durham Region Works Department) be requested to waive the costs of hook up for those residential property owners who construct code compliant Additional Dwelling Units to be used for affordable rental units; and, 3. That a copy of this resolution be sent to The Right Honourable Justin Trudeau, Prime Minister of Canada, The Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, Jennifer O’Connell, MP Pickering-Uxbridge, The Honourable Premier Doug Ford, The Honourable Peter Bethlenfalvy, MPP Pickering-Uxbridge and Minister of Finance, all Durham Region MPs and MPPs, Indrani Butany-DeSouza, CEO, Elexicon Energy, Enbridge Gas Inc., Durham Region, and all lower tier Durham Municipalities for endorsement. Carried Unanimously on a Recorded Vote 12.2 Remembrance Poppy Sidewalk Marker – Esplanade Park North A discussion ensued between Members of Council regarding: • the importance of providing space for residents to have a place to connect and reflect on those we have lost; and, • the importance of the upkeep and maintenance of the Poppy Sidewalk Marker after its installation. - 26 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Resolution # 392/24 Moved by Councillor Cook Seconded by Councillor Nagy WHEREAS, the Cenotaph for the City of Pickering is located in Esplanade Park; And Whereas, each November the City honours and recognizes our fallen soldiers through all the many wars from World War 1 to present armed conflicts; And Whereas, the addition of a simplified poppy sidewalk marker at or around Esplanade Park North, is another way residents can reflect, honour and remember our fallen soldiers on Remembrance Day, as well as at other times of the year; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: 1. That notwithstanding CUL 130 Public Art Policy, that staff consult with the Royal Canadian Legion Branch #606 on the suitability, design, and material to be used for a poppy sidewalk marker which is to be funded from the Public Art Reserve (8038); 2. That staff report back to Council no later than the end of Q2 2024 on the most suitable location and design, to facilitate installation in time for Remembrance Day 2024; and, 3. That the Mayor be requested to include up to $35,000 in the 2024 Budget for the poppy sidewalk marker. Carried Unanimously on a Recorded Vote 12.3 2024 Provincial Budget Funding Request for Adults with Autism Spectrum Disorder A brief discussion ensued regarding the need for support for adults with autism spectrum disorder. Resolution # 393/24 Moved by Councillor Cook Seconded by Councillor Brenner - 27 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm WHEREAS, the bulk of government funded programs for individuals with Autism Spectrum Disorder (ASD) end at age eighteen in the Province of Ontario; And Whereas, families supporting a loved one with ASD are often forced to make the difficult decision between expensive private day programs and leaving the workforce to provide care; And Whereas, getting out of the home and connecting with others can alleviate social isolation, improve mental and physical health, and lead to an overall better quality of life; And Whereas, Autism Home Base, based in Bowmanville, provides weekly drop-in supports and services at the McLean Community Centre in Ajax, for 191 Durham Region families, or more than 450 participants, five days a week; And Whereas, Footprints 4 Autism, based at Dunbarton-Fairport United Church in Pickering, provides respite and social programs for youth and adults up to the age of twenty-one; And Whereas, by supporting programs for adults with ASD, the Government of Ontario can achieve its goal of keeping patients healthy in their communities and out of hospitals, as noted in the Ministry of Health’s 2022-2023 Strategic Plan; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering requests: 1. That the Government of Ontario provide core funding for organizations providing programs, care, and services for adults with ASD, including organizations that serve Pickering residents such as Footprints 4 Autism and Autism Home Base, as part of the 2024 Provincial Budget; and, 2. That a copy of this resolution be forwarded to The Honourable Premier Doug Ford, The Honourable Sylvia Jones, Minister of Health, The Honourable Peter Bethlenfalvy, Minister of Finance, The Honourable Michael Tibollo, Associate Minister of Mental Health and Addictions, all Durham Region MPPs, the Regional Municipality of Durham, all lower tier Durham municipalities, local school boards, the Association of Municipalities of Ontario, Autism Ontario, Autism Home Base and Footprints 4 Autism. Carried Unanimously on a Recorded Vote 13. By-laws 13.1 By-law 8073/24 - 28 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Being a by-law to prohibit and regulate the injuring, destruction or removal of trees in the City of Pickering. 13.2 By-law 8074/24 Being a by-law to amend By-law 6191/03 to confirm General Municipal Fees. 13.3 By-law 8075/24 Being a by-law to exempt Blocks 69 to 74, Plan 40M-2664, from the part lot control provisions of the Planning Act. 13.4 By-law 8076/24 Being a by-law to exempt Block 117, Plan 40M-2632, from the part lot control provisions of the Planning Act. 13.5 By-law 8077/24 Being a by-law to exempt Lots 24 to 26, 29, 36 to 44, 47 to 51, 59 to 62, 65, 68 to 70, 73 to 75, 80 to 82, 84, 90 to 92, 94 to 100, 104 to 106 and 128 and Blocks 159, 162, 163, 164, 175, 180, 181, 183 and 185 173, Plan 40M-2671, from the part lot control provisions of the Planning Act. Resolution # 394/24 Moved by Councillor Butt Seconded by Councillor Nagy That By-law Numbers 8073/24 through 8077/24 be approved. Carried 14. Regional Councillor Updates 14.1 Councillor Brenner spoke to an item raised at the Pickering Accessibility Advisory Committee regarding recent Durham Region Transit (DRT) service changes and noted he would raise the item at the next Council meeting. Councillor Brenner stated that the Committee’s recommendation was that Durham Region Transit had breached the Ontario Human Rights Code by creating barriers for persons with disabilities in the proposed changes to DRT services. He advised that he had provided the recommendation, as well as an online petition to Durham Region Transit, and that the matters would be on the February 7, 2024 Regional Transit Committee agenda. - 29 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 15. Other Business 15.1 Councillor Robinson gave notice that she would be bringing forward a Motion regarding Casino Revenues and the Region of Durham. Resolution # 395/24 Moved by Councillor Robinson Seconded by Councillor Brenner That leave be granted to suspend the rules of procedure in order to introduce a motion due to its urgent nature. Carried on a Two-Thirds Vote 15.2 Funds to Support the 2024 Pickering Rotary Ribfest Event A brief discussion ensued between Members of Council and staff regarding: • the limitations in providing a community grant to the Rotary Club under the City’s Community Grant Policy, due to their participation and collection of Bingo funds at Delta Bingo & Gaming; • the ability to give an exception under the Community Grant Policy; and, • clarification that this would be a one-time grant as opposed to an ongoing grant. Resolution # 396/24 Moved by Councillor Robinson Seconded by Councillor Brenner That notwithstanding Policy FIN 040, Community Grant, that the Mayor be requested to include $10,000 in the 2024 Mayor’s Budget, under Community Grants, to go toward the Pickering Rotary Ribfest Event. Carried 15.3 Councillor Brenner gave notice that he would be bringing forward a Motion to recognize Ernie Coombs, Mr. Dressup, as a resident of Pickering and his significant contributions relating to children. 16. Confirmatory By-law - 30 - Council Meeting Minutes January 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm By-law Number 8078/24 Councillor Butt, seconded by Councillor Nagy moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of January 22, 2024. Carried 19. Adjournment Moved by Councillor Robinson Seconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 9:50 pm. Dated this 22nd day of January, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 31 - Special Council Meeting Minutes January 30, 2024 Hybrid Electronic Meeting Council Chambers 4:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D.Pickles L.Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor J. Eddy -Director, Human Resources R.Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk N.Robinson -(Deputy) Fire Chief C.Rose -Chief Planner C. Redmond -(Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations There were no delegations. 4. Matters for Consideration 4.1 Memorandum from the Chief Planner Request to the Minister of Municipal Affairs and Housing to change the designation of certain lands in the Durham Regional Official Plan - 32 - Special Council Meeting Minutes January 30, 2024 Hybrid Electronic Meeting Council Chambers 4:00 pm -Mayoral Direction 02-2024 Catherine Rose, Chief Planner, appeared before Council and provided an overview of the Memorandum pertaining to the request to the Minister of Municipal Affairs and Housing to change the designation of certain lands in the Official Plan of the Regional Municipality of Durham. Ms. Rose, through the aid of a PowerPoint presentation, outlined the approximate 15 hectares of land in Seaton that were proposed to be redesignated to Community Areas. She provided an overview of the various residential/mixed and ancillary uses that would be permitted in Community Areas noting that the current designation of Employment lands would not allow for those same uses. Ms. Rose spoke to the process for upper and lower tier official plans noting they must conform with Provincial plans and outlined the reasons for the urgency of this request. A question and answer period ensued between Members of Council and staff regarding: • whether staff considered this request to be good from a planning perspective and of interest to the community; • whether ancillary uses such as gas stations, convenience stores, dry cleaners, and places of worship were permitted in Community Areas; • whether the City would consider looking at expanding park areas and village greens at a later date; • whether any employment lands or employment opportunities would be missed due to the redesignation of Employment Areas, and if an opportunity existed to relocate the Employment Areas to another area in Seaton; • why this matter was being dealt with at the municipal level rather than at regional level; • the timing of each phase of the development; and, • whether there were guarantees from the landowners that they would include ancillary uses such as gas stations, daycares, places of worship or any other local uses in the community. Resolution #397/24 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That, to advance the prescribed provincial priorities of building 1.5 million new residential units by December 31, 2031, and constructing and maintaining infrastructure to support housing, Pickering Council requests that the Minister of Municipal Affairs and Housing modify Map 1. Regional Structure – Urban and Rural Systems, to the Official - 33 - Special Council Meeting Minutes January 30, 2024 Hybrid Electronic Meeting Council Chambers 4:00 pm Plan of the Regional Municipality of Durham, by changing approximately 15 hectares in Seaton proposed as Employment Areas to a Community Areas designation, as illustrated on the Extract of the DROP Map 1. provided in Appendix I to the Memorandum from the Chief Planner, City of Pickering, dated January 26, 2024; and, 2. That a copy of these resolutions, together with the Memorandum of the Chief Planner dated January 26, 2024 be sent to the Minister of Municipal Affairs and Housing. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe 5. Confirmatory By-law By-law Number 8079/24 Councillor Cook seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of January 30, 2024. Carried 6. Adjournment Moved by Councillor Butt Seconded by Councillor Nagy That the meeting be adjourned. Carried The meeting adjourned at 4:46 pm. Dated this 30th day of January, 2024. - 34 - Special Council Meeting Minutes January 30, 2024 Hybrid Electronic Meeting Council Chambers 4:00 pm Kevin Ashe, Mayor Susan Cassel, City Clerk - 35 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L.Cook M. Nagy D. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S.Boyd -Fire Chief B. Duffield -Director, Operations J. Eddy -Director, Human Resources J. Flowers -CEO & Director of Public Libraries, Pickering Public Library L. Gibbs -(Acting) Director, Community Services R.Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk M. Guinto -Division Head, Public Affairs & Corporate Communication V. Plouffe -Division Head, Operations D.Quaife -Division Head, Information Technology N.Robinson -Deputy Fire Chief C. Redmond -(Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations 1 - 36 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy 3.1 Eva Reti, Board Chair, Hospice Whitby -Roger Anderson House Re: Hospice Whitby – Roger Anderson House Project Update Eva Reti, Board Chair, Hospice Whitby, withdrew their delegation and did not appear before the Committee. 3.2 Matthew Somerville, Durham Agricultural Advisory Committee (DAAC) Re: Update from the Durham Agricultural Advisory Committee (DAAC) Matthew Somerville, Durham Agricultural Advisory Committee (DAAC), appeared before Council and advised that the Committee’s mandate was to provide advice to the Region of Durham on matters related to agriculture. Mr. Somerville provided a written guide on agriculture matters, and a copy of a farming publication which were distributed to Members of Council by the City Clerk. Through the aid of a PowerPoint presentation, Mr. Somerville spoke to the importance of agriculture as an economic driver in Pickering, provided details on the number of farms in Pickering, the factors that impacted food pricing, the evolving agricultural landscape to meet the needs of the community, and the planning framework that regulates activities and uses permitted on farms. He noted the benefits of new innovations and diversified uses for farms, vertical farming and on-farm business infrastructure. Mr. Somerville concluded by advising Council that the DAAC would be available as a liaison between the City of Pickering and agricultural businesses. A question and answer period ensued between Members of Council and Mr. Somerville regarding: • whether the DAAC would be interested in providing information to a local community organization in its efforts to grow crops to address the needs of the community; • the reasons for the number of vacant farms, the decrease in the number of farms and farmers in Pickering, and whether local farms contributed to the local community; • if DAAC had reached out to the federal and provincial governments for financial assistance to decrease costs for farmers; • DAAC’s role in assisting farmers in Pickering; and, • whether there were any vertical farming operations in Pickering. 3.3 Mike Garvey, Pickering Pickleball Club Re: Report CS 01-24 Indoor Pickleball -Interim Solution 2 - 37 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy Mike Garvey, Pickering Pickleball Club, appeared before Council to speak to the Indoor Pickleball Interim Solution Report. Mr. Garvey provided an overview of the Pickleball Club’s growing membership and increased demand for more pickleball courts. He expressed his appreciation for Council’s support but noted his concerns regarding the need for an interim solution for pickleball courts pending the construction and completion of the new Seaton Recreation Complex. Mr. Garvey advised that he understood there was no existing interim space currently available, and inquired whether there would be funds set aside in the budget should a suitable interim space become available. Mr. Garvey concluded his delegation by asking Council to consider the allocation of funding and resources for pickleball in the 2024 budget. A question and answer period ensued between Members of Council and Mr. Garvey regarding: • whether the Pickering Pickleball Club had identified an acceptable flooring option for the Pickering Soccer Centre or at any proposed warehouse space; and, • clarification on how the Club was utilizing the current space and its various programs. 4. Matters for Consideration 4.1 Chief Administrative Officer, Report CAO 01-24 Digital Readiness Assessment and Strategy Marisa Carpino, Chief Administrative Officer, provided opening remarks and introduced Wendy Gnenz, Partner, MNP Digital Advisory (MNP) and Katie Hayes, Senior Manager, MNP Digital Advisory. Wendy Gnez and Katie Hayes appeared before Council via electronic connection, and through the aid of a PowerPoint presentation, provided an overview of the Digital Readiness Assessment and Strategy. Ms. Gnenz spoke to how the project would set the foundation for future service delivery and commented that municipalities were shifting towards a citizen-centric service delivery model. Katie Hayes spoke to the benefits of digital transformation and provided a summary of the results of the community and stakeholder engagement. Ms. Hayes discussed the various digital services, the overall digital governance and leadership, how data and information would be managed and spoke to technology risk management. Ms. Hayes concluded the delegation by commenting on how the employee, stakeholder and citizen experience and digital literacy would be enhanced. 3 - 38 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy A question and answer period ensued between Members of Council, Ms. Gnenz, Ms. Hayes and staff regarding: • clarification on the use of the wording in the recommendation to endorse the Strategy “in principle”; • plans to ensure the safety of personal information and data as more residents use online services; • whether residents would continue to have the opportunity to use existing in- person and paper services as well as enhanced digital services; • the timing of the website refresh in Phase 1 of the Strategy, and the enhanced services that would be included; • that status of connectivity and high-speed broadband for residents in rural communities and whether Library branches would offer technology use programs for those without internet; • clarification on the timing and financing of each phase of the Digital Strategy; • whether staff would receive training on the new digital technology and the timelines for implementation; • the ways in which new technologies would enhance citizen engagement; • clarification on the various methods of community and stakeholder engagement; • the survey questions and results, and how the new technology would encourage collaboration amongst departments; • the effect of business continuity and disaster recovery should the City fail to modernize its business continuity plan; and, • if engagement with participating stakeholders identified in the survey would still continue throughout the implementation of the Strategy. Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt 1. That the Digital Readiness Assessment and Strategy prepared by MNP Digital Inc. dated September 2023, and provided as Attachment 1, be endorsed in principle; 2. That the recommendations from the Digital Readiness Assessment and Strategy be considered, along with all other municipal priorities, through future annual municipal plans and budget processes; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4 - 39 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe 4.2 (Acting) Director, Community Services, Report CS 01-24 Indoor Pickleball -Interim Solution A question and answer period ensued between Members of Council and staff regarding: • whether the locations that were identified in the Report were available and appropriate for pickleball, and if school boards had been contacted for available space; • whether there were funds available in 2024 should a suitable facility be located; • the need to recognize that pickleball space was a priority in the City; • staff providing a matrix that would be available to Council and the public in terms of monitoring the work being done to locate suitable space for pickleball; and, • the status of the flooring at the Pickering Soccer Club. Recommendation: Moved by Councillor Butt Seconded by Councillor Cook 1. That Report CS 01-24 regarding Indoor Pickleball Courts Interim Solution be received; 2. That staff be directed to further investigate indoor warehouse spaces suitable to accommodate pickleball courts, including a detailed retrofit and operating budget, and that staff report back to Council in Q3, 2024; and, 3. That the appropriate City officials be authorized to take the necessary actions as outlined in this report. 5 - 40 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy Carried Councillor Cook left the meeting at 4:10 pm 4.3 Director, Engineering Services, Report ENG 02-24 Proposed All-way Stop -William Jackson Drive and Rex Heath Drive A brief discussion ensued between Members of Council and staff regarding the timing of the installation given the season. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That the attached draft by-law be enacted to amend Schedule “6” and Schedule “7” to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of William Jackson Drive and Rex Heath Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.4 Director, Finance & Treasurer, Report FIN 02-24 Bill 23 – Development Charge Revenue Loss for 2023 A question and answer period ensued between Members of Council and staff regarding: • clarification on what some of the reserve funds were used for and the impacts to using the funds to cover the losses associated with Bill 23; • if there were any alternative funding sources available for infrastructure needs, and if there was a mechanism to replenish Development Charge funds; and, • if there would be additional revenue losses due to any future affordable housing applications. Recommendation: 6 - 41 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy Moved by Councillor Brenner Seconded by Councillor Butt 1. That Report FIN 02-24 regarding an updated financial assessment related to Bill 23 be received; 2. That Council authorize the Director, Finance & Treasurer to fund the Bill 23 Development Charge revenue loss for 2023 in the amount of the $3,738,095.00 from the Casino Reserve to the following Development Charge categories, as approved in the 2023 Budget recommendations, as follows: a) The amount of $150,112.00 to be transferred to the DC – Other Services Related to a Highway Reserve Fund; b) The amount of $236,351.00 to be transferred to the DC – Fire Protection Services Reserve Fund; c) The amount of $2,642,651.00 to be transferred to the DC – Parks & Recreation Services Reserve Fund; d) The amount of $486,844.00 to be transferred to the DC – Library Services Reserve Fund; e) The amount of $46,985.00 to be transferred to the DC – Growth Studies Reserve Fund; f) The amount of $92,559.00 to be transferred to the DC – Stormwater Management Reserve Fund; g) The amount of $61,522.00 to be transferred to the DC – Transportation Reserve Fund; h) The amount of $21,071.00 to be transferred to the DC – By-Law Enforcement Reserve Fund; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 4.5 Director, Operations, Report OPS 01-24 OPG Waterfront Trail Licence Amending Agreement 7 - 42 - Executive Committee Meeting Minutes February 5, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Nagy A brief discussion ensued between Members of Council and staff regarding the possibility for Council to review the original lease. Councillor Cook re-joined the meeting at 4:49 pm. Recommendation: Moved by Councillor Brenner Seconded by Councillor Robinson 1. That Report OPS 01-24 regarding the Ontario Power Generation Inc. and City of Pickering Licence Amending Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a license amending agreement with the Ontario Power Generation Inc. for a further twenty-five year term, commencing on June 2, 2022 and ending on June 1, 2047, that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Carried 5. Member Updates on Committees 5.1 There were no Committee updates from Members. 6. Other Business 6.1 There was no other business. 7. Adjournment Moved by Councillor Ashe Seconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 5:01 pm. 8 - 43 - Special Council Meeting Minutes February 5, 2024 Hybrid Electronic Meeting Council Chambers 1:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt M. Nagy D.Pickles L.Robinson Absent: L.Cook Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor B. Duffield -Director, Operations J. Flowers -CEO & Director of Public Libraries, Pickering Public Library L. Gibbs -(Acting) Director, Community Services R.Holborn -Director, Engineering Services S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk M. Guinto -Division Head, Public Affairs & Corporate Communication J. Halsall -Division Head V. Plouffe -Division Head, Operations N.Robinson -Deputy Fire Chief C. Redmond -(Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in- person, save and except Councillor Cook. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations 3.1 There were no delegations. - 44 - Special Council Meeting Minutes February 5, 2024 Hybrid Electronic Meeting Council Chambers 1:00 pm 4. Matters for Consideration 4.1 Director, Finance & Treasurer, Report FIN 03-24 Construction of the Pickering Heritage & Community Centre Project Tender No. T2023-12 Marisa Carpino, Chief Administrative Officer, provided opening remarks pertaining to Report FIN 03-24, explaining that the Report and recommendations were seeking Council’s authority to award the construction of the Pickering Heritage & Community Centre Project. A detailed question and answer period ensued between Members of Council and staff regarding: • whether the Pickering Heritage & Community Centre (PHCC) would be a replacement for the existing Greenwood Community Centre because of its age and poor condition; • if the PHCC would have sufficient administrative space for staff; • the conditions of the federal grant funding, and if the City would lose the funding should the PHCC project not be approved; • whether the PHCC would have dedicated temperature and humidity controlled spaces, and sufficient storage space for the Museum’s archives and artifacts; • how the space for the local history room currently situated in the Central Library would be utilized once it was relocated to the PHCC; • the types of programs and services that the PHCC would offer; and, • whether the facility would be City owned. Due to technical issues with the audio of the livestream, Council recessed to provide staff the opportunity to address the issues. Council recessed at 1:34 pm and reconvened at 1:40 pm. Upon reconvening, discussion continued between Members of Council and staff regarding: • the financing and management of the debt load of the project and any future projects, and whether the City had sufficient reserve funds in case of an emergency; • community engagement efforts to seek input from residents and stakeholders; • the long-term benefits of the net zero design of the project and how the City would track its success; and, • whether the Greenwood Recreation Association and other groups would have an opportunity to use space in the new facility for their programs. - 45 - Special Council Meeting Minutes February 5, 2024 Hybrid Electronic Meeting Council Chambers 1:00 pm Resolution #398/24 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Tender No. T2023-12 submitted by J.R. Certus Construction Co. Ltd. in the amount of $51,953,000.00 (excluding HST) be accepted; 2. That the total gross construction cost of $64,672,456.00 (HST included), including the amount of the tender, construction contingency, and other associated costs, and the total net construction cost of $58,239,550.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to award a $200,000.00 contract to Toronto and Region Conservation Authority for Ecosystem Compensation; 4. That the Director, Finance & Treasurer be authorized to award a contract in the amount of $200,000.00 for archeological work to the Toronto and Region Conservation Authority; 5. That the Director, Finance & Treasurer be authorized to award indigenous monitoring services, required to fulfill the City’s duty to consult; 6. That Council delegate the authority to award the Project Management Contract services with terms and conditions satisfactory to the Director, Operations and Director, Finance & Treasurer with a total value of the contract not to exceed $430,000.00 and that the awarding of the contract be in compliance with applicable senior government trade legislation; 7. That Council approve the proposal for additional fees submitted by Hariri Pontarini Architects for contract management through the construction phases of the work in the amount up to $596,990.00 (excluding HST) be approved, with terms and conditions satisfactory to the Director, Operations and Director, Finance & Treasurer; 8. That the Director, Finance & Treasurer be authorized to finance the total net construction project costs of $58,239,550.00 as approved through the 2021 to 2024 budget as follows: a. The sum of $2,409,243.00 from the DC – Library Reserve Fund; b. The sum of $8,000,897.00 from the DC – Parks and Recreation Reserve Fund; - 46 - Special Council Meeting Minutes February 5, 2024 Hybrid Electronic Meeting Council Chambers 1:00 pm c. The sum of $12,500,000.00 to be funded from Federal Grants – Green & Inclusive Community Building Programs; d. The sum of $4,000,000.00 to be funded from Federal Grants – Canada Cultural Space Fund; e. The sum of $8,367,000.00, or less, as approved in the 2021 and 2023 Capital Budgets to be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years; i) the annual repayment charges of approximately $759,359.00 be included in the annual Current Budget for the City of Pickering commencing 2025, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid; f. The sum of $16,522,000.00 as approved in the 2021, 2023 & 2024 Capital Budgets to be funded from the DC – Parks & Recreation be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years to address the funding shortfall of the Development Charges – Parks & Recreation Reserve Fund, and this amount be repaid from future development charges collection; i) the annual repayment charges of approximately $1,499,477.00 be included in the annual Current Budget for the City of Pickering commencing 2025, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid from future development charge collections as the first source of repayment, and the cost of the annual repayment charges be included in the next Development Charges Background Study; g. The Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing debenture issuances; h. The sum of $588,628.00 to be funded from the Community Benefit Charges Reserve Fund; i. The sum of $4,900,000.00 to be funded from the Senior Centre Reserve; j. The sum of $470,000.00 to be funded from the Library Building Reserve; - 47 - Special Council Meeting Minutes February 5, 2024 Hybrid Electronic Meeting Council Chambers 1:00 pm k. The sum of $481,782.00 to be funded from the Casino Reserve; 9. That staff be authorized to execute the amended Contribution Agreement with the Federal Government for the Canada Cultural Spaces Fund; 10. That Council direct the Chief Administrative Officer to provide operational and financial project updates based one the following schedule: July 2024, January 2025, July 2025, January 2026 and July 2026; 11. That the Director, Finance & Treasurer be authorized to fund any grant shortfall by a transfer from the Casino Reserve; 12. That the draft By-laws attached to this report be enacted; and, 13. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Nagy Councillor Pickles Mayor Ashe 5. By-laws 5.1 By-law 8080/24 Being a by-law to authorize the Construction of the Pickering Heritage & Community Centre project in the City of Pickering and the issuance of debentures in the amount of $8,367,000.00. 5.2 By-law 8081/24 Being a by-law to authorize the Construction of the Pickering Heritage & Community Centre project in the City of Pickering and the issuance of debentures in the amount of $16,522,000.00 for Development Charges-Parks and Recreation Reserve Fund for the funding for the Construction of the Pickering Heritage & Community Centre project, and that the first source of repayment for this debt is future development charges collections. Resolution #399/24 - 48 - Special Council Meeting Minutes February 5, 2024 Hybrid Electronic Meeting Council Chambers 1:00 pm Moved by Councillor Nagy Seconded by Councillor Butt That By-law Numbers 8080/24 and 8081/24 be approved. Carried 6. Confirmatory By-law By-law Number 8082/24 Councillor Nagy, seconded by Councillor Pickles moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of February 5, 2024. Carried 7. Adjournment Moved by Councillor Butt Seconded by Councillor Nagy That the meeting be adjourned. Carried The meeting adjourned at 2:07 pm. Dated this 5th day of February, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 49 - Corr. 05-24 Town of Whitby 575 Rossland Road East, Whitby, ON L1N 2M8 905.430.4300 whitby.ca January 16, 2024 Sent via email: Honourable Prabmeet Sarkaria Minister of Transportation minister.mto@ontario.ca Re: Request to the Province to Temporarily Remove Tolls on Highway 407 in Durham Region Please be advised that at the Town of Whitby Committee of the Whole meeting held on January 15, 2024, Committee endorsed the following resolution, which is expected to be formally ratified by Whitby Council at their regular meeting on January 29, 2024. Committee of the Whole is comprised of the Mayor and all Members of Council of the Town of Whitby. This correspondence is being sent prior to formal Council ratification due to its time sensitive nature. Whereas Highway 407 from Brock Road (Regional Road 1) in Pickering to Highway 35/115 is provincially owned and tolls are set by the province; and, Whereas planned Regional road construction work to widen Winchester Road (Regional Road 3) from Anderson Street to Baldwin Street (Regional Highway 12) will necessitate reducing Winchester Road to one lane of traffic in one direction over an expected two construction seasons impacting travel times for residents and businesses; and, Whereas the temporary removal of tolls on Highway 407 during Winchester Road construction work would improve overall travel times and alleviate the traffic impacts on surrounding Regional and local municipal roads. Now therefore be it resolved that: 1. The Province be requested to temporarily remove tolls on Highway 407 in Durham Region during the duration of the planned Winchester Road construction work; and, 2. A copy of this request be sent to all Durham local area municipalities, Durham MPPs, and the Minister of Transportation. - 50 - Should you require further information, please do not hesitate to contact the Office of the Town Clerk at 905-430-4315. Kevin Narraway Sr. Manager of Legislative Services/Deputy Clerk Copy: C. Harris, Town Clerk – Town of Whitby -clerk@whitby.ca Lorne Coe, MPP, Whitby -lorne.coe@pc.ola.org Honourable Peter Bethlenfalvy, MPP, Pickering-Uxbridge - peter.bethlenfalvy@pc.ola.org Patrice Barnes, MPP, Ajax -patrice.barnes@pc.ola.org Jennifer K. French, MPP, Oshawa -jfrench-co@npd.on.ca Honourable Todd J. McCarthy, MPP, Durham -todd.mccarthy@pc.ola.org Laurie Scott, MPP, Haliburton-Kawartha Lakes-Brock -laurie.scott@pc.ola.org S. Cassel, City Clerk, City of Pickering -clerks@pickering.ca N. Cooper, Director of Legislative and Information Services, Town of Ajax - clerks@ajax.ca M. Medeiros, City Clerk, City of Oshawa -clerks@oshawa.ca J. Gallagher, Clerk, Municipality of Clarington -clerks@clarington.net D. Leroux, Clerk, Township of Uxbridge -dleroux@uxbridge.ca F. Lamanna, Clerk/Deputy CAO, Township of Brock - fernando.lamanna@brock.ca R. Walton, Director of Corporate Services/Municipal Clerk -rwalton@scugog.ca - 51 -Page 2 of 2 Corr. 06-24 January, 25 2024 In This Issue - Municipal Employee Survey results. -Webinars for New Housing Enabling Water Systems Fund. - Rural Economic Development Program Intake open. - Consultation: Rural Economic Development Strategy. - Survey: Help advance Ontario’s modular housing sector. - Applications open: Rural Transit Solutions Fund. - AMO Education 2024. - Blog: 2024 Risk Trends. - Reminder: Time to post your Notice of Participation. - Make buying easy in 2024 with Canoe! - Free webinar - Check out the latest version of RETScreen Expert! - Housing access in higher education host communities survey. - Climate change resources for residents. - Kraft Hockeyville nominations open - Your community could win! - Helpful condo living tips for Ontario residents. - Future of Aging Summit in May 2024. - Careers: Brampton, Peterborough, Ajax and Georgina. AMO Matters As part of AMO’s Workforce Development Project, over 2400 municipal employees responded to our survey about their experience working in the sector. Click here for an overview of the results. Provincial Matters Join free webinars to get Housing Enabling Water Systems Fund details. Register for the February 7 application session, which includes a Q & A portion. The province announced at the 2024 ROMA Conference that they are opening a new intake for the Rural Economic Development (RED) program. Intake is open until February 21. The province is conducting a survey to inform the creation of a Rural Economic Development Strategy. Share your ideas on how the province can support rural communities plan for economic success. The province is conducting a survey to shape the development of a modular housing strategy. Share your insights on barriers and opportunities for modular and innovative home construction by Feb 4, 2024. Federal Matters Infrastructure Canada is now accepting applications for the Planning and Design Projects Stream of the Rural Transit Solutions Fund (up to $50,000). Visit their website for more information. Education Opportunities Registration is now open for the following AMO Education workshops: Antisemitism: Then and Now, Municipal Codes of Conduct: Essential to Good Governance, Councillor Training 101. View full details on these and all the AMO Education offerings. LAS In 2023 risk became more complex as organizations continued to navigate cyber security, labor shortage and employee turnover, supply chain issues, and shifting risk profiles. Our latest blog by our Risk and Claim Management System digital partner, ClearRisk, outlines the latest trends expected this year. - 52 - municipality plans on using one or more LAS programs and services, and the value meets the CFTA threshold, be sure to post your Notice of Participation on your procurement website. The Canoe Procurement Group was purpose-built for municipalities to make buying easy. As a not-for profit, Canoe is a key partner offering municipal products you use everyday - from Aggregates to Zambonis. Take a minute to see how Canoe will work for you. Contact Sarah Hubble for more information and get started today. Thinking of a low carbon retrofit but need a software to model your project? RETScreen International and LAS are offering a free municipal-focused webinar to showcase the latest version of RETScreen Expert. Space is limited so be sure to register today. Attendees will receive a free 14-day RETScreen trial license. Municipal Wire* The International Town and Gown Association and Town and Gown Association of Ontario launched a survey seeking input from municipal leaders on Canada's student housing crisis. Participate by March 5. The Intact Centre for Climate Adaptation has released resources for municipalities on basement flooding, extreme heat and wildfire protection to be shared through municipal websites and tax notices. The grand prize community winner will have an opportunity to host an NHL preseason game and receive $250,000 for arena upgrades. All three runners-up will receive $25,000 for arena upgrades. To submit a nomination visit the Kraft Hockeyville website. Nominations close February 18, 2024 The Condominium Authority of Ontario’s 2024 Winter Information Kit offers useful and shareable tips to help Ontario condo residents navigate the ins and out of condo living this season. The Future of Aging Summit in Toronto from May 15-17, 2024 will bring together policymakers and others focused on building age-friendly societies. See the speaker lineup and register at agingsummit.ca. Careers Technical Lead, HR/Finance - City of Brampton. Closing Date: February 11, 2024 Committee Support Specialist - City of Peterborough. Closing Date: February 2, 2024 Planning Clerk - Town of Ajax. Closing Date: February 16, 2024. Senior Development Planner - Town of Georgina. Closing Date: February 5, 2024. About AMO AMO is a non-profit organization representing almost all of Ontario's 444 municipal governments. AMO supports strong and effective municipal government in Ontario and promotes the value of municipal government as a vital and essential component of Ontario's and Canada's political system. Follow @AMOPolicy on Twitter! AMO Contacts AMO Watchfile Tel: 416.971.9856 Conferences/Events Policy and Funding Programs LAS Local Authority Services MEPCO Municipal Employer Pension Centre of Ontario ONE Investment Media Inquiries Municipal Wire, Career/Employment and Council Resolution Distributions - 53 - Workforce Development Project – Municipal Employee Survey In September of 2023, the Association of Municipalities of Ontario (AMO) embarked on a multi-year Municipal Workforce Development Initiative to better understand and address the municipal sector’s workforce needs now and in the future. As part of this project, AMO sought feedback via survey from current municipal staff to understand what attracted staff to the municipality, what they enjoy about their work, and how municipal employers can enhance the employee experience moving forward. Nearly 2,400 municipal employees in Ontario voluntarily filled out the survey between November 3-24, 2023. - 54 - Who completed the survey? - 55 - This survey was self-selecting and did not use a randomized sample. As a result, the survey results may not be broadly representative of the municipal workforce as a whole. Age breakdown 8% 18 to 29 years old 25% 30 to 39 years old 55 to 64 2% years old are 65 to 74 20% years old 40 to 54 43% years old 2% preferred not to say When asked if respondents identify as a member of an equity deserving group… said23%yes 63% said no said they5% aren’t sure preferred 9%not to say - 56 - Regional distribution of employer municipalities 14% 20% 20% 43% Greater Toronto & Hamilton Area, Central Ontario Eastern Ontario Southwestern Ontario Northern Ontario Population size of employer municipalities < 1,500: 3% 1,500 – 6,000: 8% 6,000 – 20,000: 16% 20,000 – 100,000: 31% > 100,000: 35% Don’t know: 6% Prefer not to say: 1% - 57 - Distribution of departments or divisions Union status 62% Non-Union 37% Union 1% Prefer not to say / Other 26% Administration / Corporate Services 20% Community Services 16% Public Works and Operations 11% Finance 9% Planning and Building 8% Parks and Recreation 8% Other 5% Emergency Services 4% Economic Development 3% Legal Services 3% By-law Enforcement 2% Licensing, Permits, and Standards 2% Public Health 2% Public Transit Do respondents reside in their employer municipality? 1%39% 60% Yes No Prefer not to say - 58 - Pathways to the municipal workforce - 59 - What brought people to the municipal public service? Pension and 52% benefits Job stability 45% and security Living in or close40% to the hiring municipality 29% Base salary or wage The opportunity to 27% make a difference in the community Entry point into the sector of respondents entered the municipal government through student co-ops or internships. 11% joined via entry 51% level positions. who came 60% through a co-op position have stayed in the sector for 11+ years. - 60 - 31% of respondents heard about their jobs through family or friends. Before they joined the sector, municipal employees were in... 40% Private Industry 20% Post-Sec. Education 11% Not-for-Profit Sector 9% Gov. Adjacent (Healthcare, Education) 9% Other Public Sector 9% Other and studied… Business / Finance 23% Other 19% Social Science 18% Engineering 11% General Education 8% - 61 - Employee satisfaction - 62 - Overall job satisfaction Since beginning to work in the municipal sector, job satisfaction has… Highly Significantly 25% satisfied 12%increased Somewhat Somewhat 35% satisfied 19%increased Have mixed Remained 26% feelings 26%relatively stable Not very Somewhat 7% satisfied 25% decreased Highly Significantly 5% dissatisfied 16% decreased Prefer not to say / 2% Don’t know Prefer not to say / 2% Don’t know When asked if they see themselves working at their current municipality in two years, respondents… 66% said yes 11% said no Of the people that said "no", many cited retirement as the reason why. - 63 - What do employees like most about their job? Pension and 43% benefits Job stability 33% and security It is close to 32% where I live I find my work32% interesting The opportunity to 25% make a difference in the community 4/5 of these factors are the same factors that attracted employees to their current municipality. Work-life balance is an important factor for young employees. of those26%aged 18-29 listed it as one of the top 3 aspects they like most about their jobs. - 64 - Opportunities for improvement - 65 - What could be improved? Base salary 43% or wage Effective 30% leadership Feeling that their 29% work is recognized and valued 24% Workplace culture and team dynamics Workplace flexibility 21% (e.g., remote / hybrid work policies) "In my opinion, Council behaviour makes or breaks a municipality." -Survey respondent 16% of respondents selected “Council-staff relations” as an area requiring attention. "The workload of municipal staff has significantly increased over the last few years, and a lot of us are feeling burnt out and overworked. An increase in staff is necessary to promote a healthy work-life balance and to help with staff mental health. " -Survey respondent - 66 - Report to Council Report Number: CS 02-24 Date: February 26, 2024 From: Laura Gibbs (Acting) Director, Community Services Subject: Durham Region Transit Services -Accessibility Advisory Committee -File: A-1440-001 Recommendation: 1. That Report CS 02-24 regarding Durham Region Transit Service Changes be received; 2. That, further to the recommendation of the Accessibility Advisory Committee, Council be requested to send a letter to the Region of Durham requesting reinstatement of transit services in Pickering that were offered prior to January 1, 2024; and, 3. That the letter be copied to the local area Minister of Provincial Parliament, the Association of Municipalities in Ontario, and all Durham Region Municipalities. Executive Summary: The purpose of this report is to advise Council that the Accessibility Advisory Committee (AAC) recommends advocating for the return of Durham Region Transit Services (DRTS) to Pickering, and consult with key stakeholders, including those with accessibility needs on any future service changes. On January 2, 2024, Durham Region Transit made changes to bus routes and services in Pickering, and across the Region. The Region issued a statement on December 19, 2023, indicating that bus routes would be changing to maximize transit ridership and improve on-time performance. Some bus stops and routes have been taken out of service. The impact of the changes means transit users need to walk further to reach an active bus stop. Updates to some bus routes have significantly increased transit times for Pickering transit users. The Accessibility Advisory Committee adopted the following recommendation at their meeting of January 17, 2024: 1. That the AAC finds the service changes, implemented by DRTS on January 1, 2024, to be in contravention of the Ontario Human Rights Code (OHRC) and the Accessibility for Ontarians with Disabilities Act (AODA); and, 2. That the AAC request that the Council of the City of Pickering send a letter to the Region of Durham (ROD) requesting that they reverse the service changes immediately and consult with Pickering residents and key stakeholders, including those with accessibility needs, on any future service changes. - 67 - CS 02-24 February 26, 2024 Subject: Durham Region Transit Services – Accessibility Advisory Committee Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: There are no direct financial impacts to the City of Pickering that result from adopting the recommendations in this report. Discussion: At the AAC Meeting on January 17, 2024, the AAC tabled a “DRT Service Update” as an agenda item. The Durham Region Transit Service made a number of service changes effective January 2, 2024, that have had an impact on the transit services offered to Pickering residents. The most notable change included the introduction of a standardization of 800 metre distances between bus stops, as well as the reduction of buses serving the Pickering community. The AAC has expressed concern about the lack of community input on the implemented changes which have resulted in numerous complaints the City received regarding this matter and suggested that the changes created barriers to elderly users and users living with disabilities, as well as for youth requiring services for school access. Discussion among the AAC Members included: • concerns regarding the lack of volume for audible bus stop announcements; • concerns regarding the lack of consultation with Pickering residents on proposed route and service changes; • concerns regarding poor signage indicating that bus stops are no longer in service; • concerns regarding the service changes being implemented in winter season; • concerns that DRTS On Demand bus service only picks up passengers from the nearest bus stop rather than a convenient location for the transit user; • the DRTS past refusal to implement audible bus stop announcements in light of the Ontario Human Rights Commission order to implement that measure; and, • concerns regarding how the service changes were communicated to the public. The purpose of this report is to advise Council that the AAC recommends advocating for the return of Durham Region Transit Services to Pickering. The AAC requests that Council sends a letter to Durham Region to request the reinstatement of these services and consult with key stakeholders, including those with accessibility needs on any future service changes. Attachments: 1. None - 68 - CS 02-24 February 26, 2024 Subject: Durham Region Transit Services – Accessibility Advisory Committee Page 3 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Timothy Higgins Laura Gibbs, MBA, MSc. Accessibility Coordinator (Acting) Director, Community Services LG:th Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 69 - Report to Council Report Number: CS 03-24 Date: February 26, 2024 From: Laura Gibbs (Acting) Director, Community Services Subject: Independent 4th Review of the Accessibility for Ontarians with Disabilities Act -Accessibility Advisory Committee Recommendations -File: A-1440-001 Recommendation: 1. That Report CS 03-24, regarding the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act, Accessibility Advisory Committee Recommendations be received; 2. That, further to the recommendations of the Accessibility Advisory Committee, Council be requested to send a letter to the Premier of Ontario, endorsing the Summary of Recommendations as outlined in the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act, recognizing the accessibility crisis in the Province of Ontario; and 3. That the letter be copied to the local area Minister of Provincial Parliament, and the Association of Municipalities in Ontario. Executive Summary: The purpose of this report is to advise that that Accessibility Advisory Committee (AAC) recommends Pickering Council to send a letter to the Premier of Ontario, endorsing the Summary of Recommendations outlined on pages 5-6 of the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act (AODA). The AAC discussed the Independent 4th Review report at their committee meeting of January 17, 2024. The Committee clarified that endorsement is not being sought for the entire report sent to the Province of Ontario but rather the Summary of Recommendations set out therein. Accordingly, the following recommendations were adopted by the AAC: 1. That the Accessibility Advisory Committee endorse the Summary of Recommendations as outlined in the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act authored by Rich Donovan dated June 5, 2023; 2. That the Accessibility Advisory Committee requests that the Council of the Corporation of the City of Pickering: a. Endorse the Summary of Recommendations as outlined in the Independent 4th Review of the Accessibility for Ontarians with Disabilities Act authored by Rich Donovan dated June 5, 2023; - 70 - CS 03-24 February 26, 2024 Subject: Independent 4th Review of the AODA Page 2 b. Recognize the accessibility crisis in the Province of Ontario; and, c. That the resolution of Council be forwarded to the Premier of Ontario and other applicable parties as deemed appropriate. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: There are no financial impacts that result from adopting the recommendations in this report. Discussion: People with Disabilities are one of the largest population categories in Ontario. Approximately 2.9 million Ontarians aged 15 and above currently have one or more disabilities. By 2040 this number will increase by another one million. Also, the majority of these functional disabilities are not visible. Enacted in 2005, the AODA sets out accessibility standards for organizations in with an aim to make the province fully accessible by 2025. In 2022, the Government of Ontario appointed Rich Donovan, an expert in accessibility issues, to conduct the mandatory 4th Independent Review of the implementation and enforcement of the AODA. The process involved consultation with the public and key stakeholders throughout 2022 and 2023. The Independent 4th Review of the AODA was completed in June 2023 and submitted to the province. The report was made public in December 2023. The report indicated that the province will not achieve a fully accessible province by 2025, negatively impacting those living with disabilities in Ontario. With a view to moving forward, the report has made 23 recommendations under three categories: crisis, strategic and tactical. The majority of recommendations are designed to be completed in the next three years. Five main concerns were outlined in the report: • AODA outcomes are poor and are failing people with disabilities. • Enforcement of the legislation does not exist. • The lack of data and research for people with disabilities was the "single biggest missed opportunity" since the AODA was enacted in 2005. • There is a "lack of urgency" on the file from both current and previous Ontario governments. • There is a "lack of accountability" for implementing the AODA both in the public and private sector. Recommendations under the Crisis category are intended to address immediate threats to public safety. This includes the creation of emergency response protocols in provincial buildings, creating a new agency dedicated to the AODA, and making sure the government, - 71 - CS 03-24 February 26, 2024 Subject: Independent 4th Review of the AODA Page 3 through the Crown agency, Supply Ontario, only procures accessible services and products after 2025. Strategic recommendations are geared toward shifting private sector accessibility regulation to the Federal government. This is intended to help eliminate duplication and boost enforcement now that Canada is working on a Federal counterpart of the AODA, the Accessible Canada Act. Tactical recommendations focus on immediate tangible improvements, such as building a team to collect, analyze and publish disability research and assembling an initial panel of 100 different people with disabilities, who are not advocates or activists, to help inform policy. To date, the Ministry of Seniors and Accessibility has begun work on three of Donovan’s recommendations: • The creation of a new volunteer group of people with disabilities to provide their experience and feedback on accessibility issues. • An update to building evacuation plans for all government-owned buildings and leased buildings. • All government procurement through Crown agency Supply Ontario incorporating accessibility standards. The Ministry continues to work with partners and across government to address the remaining recommendations that could help meet, achieve or exceed AODA standards by 2025. The purpose of this report is to advise Council that the AAC recommends Pickering Council to send a letter to the Premier of Ontario, endorsing the Summary of Recommendations outlined in the Independent 4th Review of the AODA. Attachment: 1. Independent 4th Review of the Accessibility for Ontarians with Disabilities Act Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Timothy Higgins Laura Gibbs, MBA, MSc. Accessibility Coordinator (Acting) Director, Community Services LG:th - 72 - CS 03-24 February 26, 2024 Subject: Independent 4th Review of the AODA Page 4 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 73 - Attachment 1 to Report CS 03-24 Independent 4th Review of the Accessibility for Ontarians with Disabilities Act (AODA) Final Report June 5, 2023 - 74 - 1 2 Table of Contents Introduction: Declaring a Crisis ........................................................................................................... 3 Summary of Recommendations.......................................................................................................... 5 Disability in Ontario ................................................................................................................................. 7 Process of the 4th Review of the AODA ............................................................................................ 8 Summary of Interim Report: The State of Accessibility in Ontario......................................... 9 What We’ve Heard Since .....................................................................................................................11 Full Recommendations of the 4th Reviewer ..................................................................................12 Crisis Recommendations .................................................................................................................13 Strategic Recommendations..........................................................................................................20 Tactical Recommendations.............................................................................................................24 Conclusion.................................................................................................................................................48 Appendix 1: List of Organizations Consulted by the 4th Reviewer........................................49 Appendix 2: Organizations who Submitted Feedback to the 4th Reviewer.......................51 - 75 - 3 Introduction: Declaring a Crisis Frequently in my career I spend time with Ontario Government stakeholders in upper- floor offices, taking the elevator up some dozens of levels to rooms with commanding views of the cityscapes they govern. Years ago, while visiting one of these stakeholders there was a routine fire drill. Most employees orderly made their way to the stairs for the long descent. Others – those using wheelchairs and managing vision issues – instead made their way to what was, in essence, a closet. This was not to spare these people the hassle of using stairs for a fire drill. This was what they were told to do in a fire. Sit. Wait. Hope someone comes for you. In the six years since that fire drill these remain typical emergency procedures. The Ontario government is aware of this problem – I have raised it personally in formal letters to two Ministers. For these reasons: the direct and tangible threat to the lives and well-being of a quarter of Ontario’s population, combined with 17 years of missed opportunities under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), I, the Fourth Reviewer of the AODA, have no choice but to declare a crisis. This crisis extends beyond immediate emergency response. More than 75% of surveyed Ontario residents in 2021 with a disability reported negative experiences.1 2.9 million people in Ontario currently have a disability.2 Despite this, there has been minimal change in accessibility. This in turn means Ontario is forgoing a material, and growing, economic opportunity. This crisis declaration is not intended as an assessment of accessibility in Ontario. This ground has already been well covered in past reviews of the AODA, as well as the Interim Report by the Fourth Reviewer.3 Instead, this crisis declaration is intended to be a necessary catalyst to get Ontario back on track for accessibility. It is a near certainty that the goal of an accessible Ontario by 2025 will pass. That does not mean the next years of accessibility regulation, action, and enforcement are not critical. This crisis state, intended to last six months, will allow Ontario to accelerate key overdue processes to get accessibility right in the coming years. With this groundwork, 1 IPSOS Awareness & Attitudes Towards Accessibility 2021. 2 Disability estimates based on disability rates by age and gender categories as found on the 2017 Canadian Study on Disability (see Stuart Morris, Gail Fawcett, Laurent Brisebois, and Jeffrey Hughes, A demographic, employment, and income profile of Canadians with disabilities aged 15 years and over, 2017. Statistics Canada: 2018. These estimates are applied to reference growth projections for 2021 and 2040, as found in the Ontario Data Catalogue. The Ontario Data Catalogue can be accessed here 3 The Interim Report of the Fourth Reviewer can be downloaded here - 76 - Ontario will see major improvements in accessibility. Not just blue buttons at doors (that work), but major changes that allow the province to maximize the contributions of the 2.9 million Ontarians with a disability. These people are not statistics. They work. They pay taxes. They purchase goods and services. They vote. After 17 years and three reviews, this Fourth Review recommends a profound shift in how accessibility is regulated and enforced in Ontario. In brief, the Fourth Reviewer strongly recommends shifting accessibility regulation of the private sector from provincial jurisdiction to federal, while leaving the provincial government accountable for ensuring the services, buildings and careers of the broader public sector in Ontario are accessible to all Ontarians. The reasons for this are outlined in the following sections. This final report should not be read as an admonishment of the provincial government. This ground has been covered, and doing so, in itself, does not improve the experiences of the 2.9 million Ontarians living with disabilities. A key reason for releasing an interim report was to ensure that this final report can instead focus on concrete action the Ontario government can take to get its own house in order, fulfill its promises, and unlock the potential of millions of Ontarians. - 77 - 4 Summary of Recommendations This report outlines 3 categories of recommendations: immediate crisis recommendations, strategic recommendations intended to shift accessibility to new partners, and tactical recommendations that can make meaningful strides to improve accessibility while also retaining the ability to be integrated into strategic changes later. Crisis recommendations are intended to solve immediate safety threats and to lay the necessary foundation for all other recommendations. Within 30 days of the tabling of this report, the province must form a Crisis Committee chaired by the Premier and co- chaired by the Secretary of Cabinet. This committee will be tasked with implementing 5 recommendation themes: 1. Emergency response 2. Service delivery and employee experience within the broader public sector 3. Creating a new Accessibility Agency to be elevated above the legislature 4. Creation of a preliminary action plan with corresponding success metrics 5. Develop initial actions for accessible government procurement These crisis recommendations, or a detailed plan for their implementation, must be completed within 180 days of the formation of the Crisis Committee. These recommendations form the basis of the strategic and tactical recommendations that follow, and include key emergency procedures intended to save lives. Strategic recommendations are those intended to shift the bulk of private sector accessibility regulation and enforcement to the Federal Government. The key reasons for this are twofold. First, the Accessible Canada Act (ACA), which pertains to federally regulated entities, creates a duplication of accessibility regimes in Ontario. Second, the province has often lacked resources to properly enforce the AODA, even for large organizations. This problem is compounded by the fact that there are 412,000 entities in Ontario subject to the AODA, 370,000 of which are small businesses. Ontario does not have the infrastructure to properly regulate this many entities for accessibility, and building such infrastructure is costly. However, federal agencies such as the Canada Revenue Agency (CRA) regularly collect information from, and audit, such small and medium enterprises (SMEs). With tweaks to budget and training, the CRA has the potential to audit and enforce accessibility in a far more cost-effective way than the provincial government. Tactical recommendations are immediate actions the province can take following the conclusion of crisis recommendations. They can be pursued concurrently to the strategic - 78 - 5 recommendations of federal integration. The majority of these recommendations would fall under the purview of a new Accessibility Agency, and thus ownership of activities would be more easily transferable once strategic recommendations are complete. This report includes 23 tactical recommendations centered around the following four themes: 1. Research 2. Tools and Mechanisms for Behavioural Change 3. Mobilizing Government Actions 4. Built Environment The vast majority of recommendations are designed to be completed within the next three years. The reason for the short timeframe is simple: the recommendations provided by the 4th Review are not centered on standards, but on process. While standards may be one viable tool to attain the goal of an accessible Ontario, they cannot be the only tool. Only by creating repeatable and measurable processes – centered on understanding, measuring and improving experiences of People with Disabilities (PWD) – can Ontario (or any jurisdiction) reach its accessibility goals. - 79 - 6 7 Disability in Ontario People with Disabilities (PWD) are one of the largest population categories in Ontario. Approximately 2.9 million Ontarians aged 15+ currently have one or more disabilities. By 2040 this number will increase by another one million.4 The majority of these functional disabilities are also not visible. The sheer size of the population with disabilities means that PWD are everywhere: as consumers, employees, friends, and family. It is likely that every person in Ontario knows a PWD. Probably more. Despite this, PWD regularly face discrimination. This takes two main forms: attitudes of individuals; and conscious design decisions that exclude PWD from activities, services, and structures. These activities include career progression, education, and health care. To address the discrimination faced by PWD, in 2005 the Ontario government passed the Accessibility for Ontarians with Disabilities Act (AODA). Its purpose is to develop, implement, and enforce accessibility standards to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises. The target for completion of these goals is January 1, 2025. Despite these goals, the progress of the AODA has been, to borrow the words of the Third Reviewer, the late David Onley, glacial. Each review of the AODA has commented on its lack of progress. As at June 2023, the goal of an accessible Ontario for 2025 is difficult to achieve. Over the course of 15 months, the Reviewer consistently heard stories of frustration, both from PWD and AODA stakeholders.5 These experiences underscore the motivation for the 4th Review of the AODA: The current experience for many people with disabilities in Ontario is poor. This stems from design flaws in services, products, technology, buildings, infrastructure, careers, processes, and human imagination. 4 Disability estimates based on disability rates by age and gender categories as found on the 2017 Canadian Study on Disability (see Stuart Morris, Gail Fawcett, Laurent Brisebois, and Jeffrey Hughes, A demographic, employment, and income profile of Canadians with disabilities aged 15 years and over, 2017. Statistics Canada: 2018. These estimates are applied to reference growth projections for 2021 and 2040, as found in the Ontario Data Catalogue. The Ontario Data Catalogue can be accessed here 5 For a longer discussion of the current state of accessibility in Ontario, please refer to the Interim Report - 80 - Process of the 4th Review of the AODA The key focus of this 4th Review of the AODA has been data and outcomes. Both are rooted in experiences and demands. Not just the experiences of PWD, but also the experiences of AODA stakeholders that must follow and/or enforce the legislation. This experiential focus differs from previous reviews, which have focused on defining disability, creating or expanding accessibility standards, and complying with/enforcing these standards. There were three reasons for this decision: 1. PWD do not demand standards or definitions, they demand positive experiences similar to that of the rest of the population. 2. Grounding assessments in experience prevents viewing accessibility as “checking a box” tied to standards 3. Definitions tied to identities like disability are fluid. An experiential focus elevates assessment and action above attempts to expand or narrow categories. This is consistent with the goal of an accessible Ontario for all. This shift from a sole reliance on standards, and towards data-driven experience, differs from past AODA Reviews. This is intentional. To advance a stalled agenda, it is necessary to adopt new principles centered in emerging best practices. The six principles embedded in the Fourth Review of the AODA are: 1. Focus on execution: ensuring that final recommendations address actionable ways to drive immediate change. 2. Not tethered to past Reviews: use a comprehensive approach that reflects recent innovative thinking. 3. More than compliance: a focus on what will work to create a barrier-free environment, not just checking a box. 4. Grounded in lived experience: continuously seeking and embedding real world PWD experiences to prioritize change and evaluate success 5. Considering multi-year implications: develop recommendations focused on both 2025 deadline and continuous improvement objectives. 6. Evidence-based data-centric approach: apply credible data to form an evidence- based approach for assessments and recommendations Consistent with this evidence-centric approach, the Reviewer conducted interviews with over 100 AODA stakeholders and disability experts, convened 4 virtual public town halls with over 300 participants, and conducted two surveys of 250 business leaders and 400 PWD. These, combined with the Reviewer’s 15 years of experience working in the disability market, have formed the basis of the recommendations of this final report. - 81 - 8 This Review process has not been adequate to address the complexity of making Ontario accessible. The Reviewer notes that adjusting for accessibility in one large organization is a series of difficult tasks requiring all manners of economics, organizational change, risk management, process development and sourcing adequate funding. Any attempt to adjust the behaviours of Ontario’s broader public sector and its 412,000 businesses must be viewed as a challenge beyond taking humans to Mars. Complex. Multi-faceted. A worthy, yet gargantuan lift requiring deep knowledge of the factors affecting policies and their resulting processes. Perhaps a microcosm of the AODA itself, the 4th Review has a team of 3 people and a budget of less than $500,000. To get to Mars. The AODA has a 17-year history of under resourcing and failing to put the best minds of our generation to tackle an epic societal challenge: full participation of people with disabilities in our economy and society. Society has decided to tackle this problem. Let us, finally, do it properly. Summary of Interim Report: The State of Accessibility in Ontario It is the assessment of the 4th Reviewer that at present the AODA can only be described as a failure. After 17 years, the Reviewer has heard stories of missed opportunities and stalled progress – from both PWD and those AODA stakeholders responsible for implementing or complying with the regulation. The Reviewer has identified 5 key themes from consultation feedback during this review as to why the AODA is currently a missed opportunity. These themes are: 1. Outcomes are poor: There is a near unanimous consensus that the AODA is currently failing People with Disabilities. Experience design does not consider the functional needs of PWD and thus PWD receive poorer experiences than their peers – including in health care and education. Senior business and government leaders told the Reviewer that changing behaviours to incorporate disability is not a priority. 2. Enforcement does not exist: There is no meaningful enforcement of the AODA. There are significant logistical constraints to enforcement. The entire Compliance and Enforcement Branch of the AODA has approximately 25 staff. This staff is responsible for the management, policy, administration, and enforcement of legislation that pertains to 412,000 private sector organizations. 3. Data/research does not exist: AODA stakeholders consistently indicated a lack of data was a significant problem in improving the experiences of PWD. Concerns - 82 - 9 10 were raised that the Ministry for Seniors and Accessibility were not experts on disability by an individual with significant insight on these issues. The Reviewer considers the lack of data to be the single biggest missed opportunity over the 17 years of the AODA. 4. Basic leadership does not exist: Stakeholders observed there was a lack of urgency on getting accessibility right within the Ontario government. Leadership has been further hampered by legislative and senior staff turnover. 5. Nobody owns outcomes/no accountability: Tied closely to leadership and enforcement, consultation participants indicated there was a lack of accountability for implementing the AODA within both the private and public sector. This lack of accountability is compounded by lack of public knowledge, which makes it difficult to hold organizations to account. From these consultation themes, the Reviewer provided five categories of assessments. These assessments are summarized below. A full explanation can be found in the Interim Report of the 4th Reviewer. 1. Outcomes: Outcomes under the AODA have been poor. The underlying causes are a lack of data that has led to an overreliance on standards; and a lack of enforcement or incentives to comply with regulation. Too often, standards ignore the lived experiences of PWD and fail to identify cost-effective solutions to maximize impact. A lack of incentives – penalties for non-compliance or financial incentives for getting accessibility right – means accessibility is frequently ignored in planning decisions. This lack of positive incentives too is a symptom of a lack of data. 2. Government and Governance: There are two governance issues that prevent the AODA from operating as intended. First is a lack of a “north star” or positive role model for organizations to emulate. This role can and should be played by the Ontario government. Second is a lack of harmonization across accessibility regimes that leads to inefficient and confusing processes. One critical area of harmonization is with the Accessible Canada Act. 3. Leadership: Leadership has been absent on this file for 17 years. The reason for this is a lack of incentive for political leaders to prioritize it. This responsibility rests with a combination of the Ontario government, who is obligated to serve the needs of the 22% of Ontarians with a disability; but also the media and political opposition, whose role is to hold the government to account. 4. Accountability: Leadership requires accountability. Yet at present there is no accountability on this file. A key driver of this issue is lack of data, which prevents - 83 - transparency and accurate tracking of progress. One needs only to compare data on disability over the course of the AODA with provincial tracking of Covid-19 via public dashboards to appreciate the lack of public accountability mechanisms. It should be noted the Federal Government has started its own journey of data collection about disability in Canada. 5. Built Environment: It is the assessment of the 4th Reviewer that accessibility as it pertains to built environments should be treated separately from other accessibility priorities. Costs associated with changes to built environments have been a reason not to advance accessibility in general. These costs are real, and failure to address them is a significant risk. The Accessible Canada Act, requires federally regulated entities to remove barriers in their operations, including built environments. Soon entities such as banks will be required to have accessible real estate – and no later than 2040. They hold or lease thousands of retail locations across the province, and will be forced to abandon these should remediations not occur. Addressing this issue will take additional resources and strategies beyond that of other AODA areas. What We’ve Heard Since Since the publication of the Interim Report, the 4th Reviewer has continued to hold consultations with AODA stakeholders, especially those within the Ontario Government. The Reviewer has noted that Assistant Deputy Ministers (ADMs) have been more active in their engagements with the Reviewer since the release of the Interim Report. This reflects the importance of the file. This is a positive development. The Reviewer would also like to highlight that the Ontario Government is currently spending approximately $160 million on the remediation of Ontario Government buildings. This is a positive and necessary step. However, the Reviewer is obliged to report that this spending is likely insufficient to cover the full remediation needs of the province. The Reviewer addresses these concerns with a series of Built Environment Recommendations. While a theme in the Interim Report, it is also increasingly clear that there is little to no research on disability as a market segment in Ontario. Instead, information is derived from a series of often ad hoc advisory committees of PWD, both to elicit feedback in general, and to inform the development of new disability standards. It is also clear that this approach, while almost always involving PWD, rarely centers on everyday lived experiences. The reason for this is relatively simple: advisory committees are rarely composed of “typical” PWD users of a given service or experience. Because of this, the - 84 - 11 advice of advisory committees does not center the way in which a “typical” PWD user navigates an environment. This is not a rebuke of those on advisory committees. It is an observation that advocates view problems differently than the average user. An additional theme that was touched on in the Interim Report, and is increasingly obvious, is that official government opposition – that in the Legislature – has yet to attempt to hold the government to account on accessibility. Given that disability represents approximately 22% of the voting age population, this is a clear failure. It should also be noted this failure is consistent across opposition parties for 17 years. The Reviewer extended multiple invitations to Members of Provincial Parliament representing both opposition parties to discuss accessibility. The Reviewer has yet to receive a response to these requests. The Reviewer considers this lack of response insulting to 2.9 million Ontarians with disabilities. It appears that Queen’s Park harbours many politicians who are willfully oblivious to a quarter of their constituents. As part of the Reviewer’s role, he interacts with members of the media upon request for transparency and as public education. In the course of these media requests, one national broadcast media outlet requested the Reviewer be interviewed regarding the interim report. After a preliminary interview, the producer informed the Reviewer that their supervisor had concerns about the Reviewer’s voice, suggesting they reduce the interview to a 5-minute pre-recorded session from a 45-minute live show (the Reviewer has a unique accent caused by his disability). After pointing out the irony of the request and politely suggesting the producer’s supervisor remove their head from their body cavity, the Reviewer declined the invitation. While the supervisor changed their mind after conferring with colleagues, this anecdote illustrates the outright discrimination that people with disabilities face every day. Even those that are tasked with reviewing accessibility regulations. The media plays a key role in holding government accountable in a democratic society. The media is failing people with disabilities by excluding voices (literally and figuratively) and tending to cover disability as “inspirational” public interest content or as The Honourable David Onley once described as “water-skiing squirrel” stories. The media must do better for 25%+ of its audience. Full Recommendations of the 4th Reviewer This section outlines the full recommendations of the 4th Reviewer. These recommendations are organized into three categories: crisis, strategic, and tactical. Crisis recommendations must be resolved within 180 days, and are intended to address immediate threats to public safety, and to lay the necessary groundwork for a successful accessibility regime that has been absent for 17 years. These recommendations are to - 85 - 12 be overseen by a special Crisis Committee. Strategic recommendations are those pertaining to shifting accessibility regulation of the private sector to the Federal Government. Tactical recommendations are intended to build on the foundations laid by the Crisis Committee, make immediate tangible improvements to accessibility regimes in Ontario, and ensuring these improvements are sustainable while strategic recommendations are being acted upon. Crisis Recommendations As noted in the opening of this report, the 4th Reviewer declares the current state of accessibility to be a crisis. Within 30 days of the tabling of this report, the province of Ontario must form a Crisis Committee chaired by the Premier and co-chaired by the Secretary of Cabinet. Within 30 days of the formation of the Crisis Committee, said committee must communicate its ability to take action on the crisis recommendations. All crisis recommendations are intended to be actioned within 180 days of the formation of the Crisis Committee. If any actions will take longer than 180 days, the Crisis Committee must provide publicly explicit reasons as to why this is the case within this 180 day window. All crisis recommendations are to be owned by the Crisis Committee until implementation, and accountability will rest with the Premier and Secretary of Cabinet. Crisis Recommendation 1: Implement Emergency Response Protocols Context: At present, emergency procedures for People with Disabilities that manage limited vision or mobility often consist of sheltering in place. Given the lack of accessibility of many buildings and the shutting down of lifts during emergencies, there is often no way for some PWD to safely evacuate a building. In addition, communication during emergencies fails to account for the life-critical needs of those that manage hearing and/or cognitive/neurodiverse issues. This represents an immediate and acute risk to a significant number of Ontarians that has remained unaddressed. Moreover, it is clear that there is no standard for the safety of PWD that can be easily emulated, leading to a system in which there is a general unawareness of best practices, uneven access to lifesaving process and equipment, and lack of knowledge for how to improve this situation. Actions: i. The Crisis Committee must establish clear, consistent emergency response protocols for all provincial government buildings that include the immediate, safe evacuation of all individuals within the building regardless of their mobility, vision, or any other functional difference that individual may have. This will alleviate the immediate risk to wellbeing in all provincially operated buildings. - 86 - 13 ii. The Ontario government, via the Crisis Committee, must publicly publish its emergency procedure plans integrating PWD. This will provide an example of best practices for other organizations to follow, and provide a potential catalyst for change. At present there is a lack of knowledge of accessible emergency procedures. There is material opportunity for leadership on this issue. iii. The Ontario government, via the Crisis Committee, must table legislation that all places of employment develop an emergency response plan that includes PWD within 180 days of implementation. While requirements for such procedures are embedded into accessibility standards, lack of enforcement has meant these standards are rarely followed. Organizations, especially small and medium enterprises, also often lack knowledge on how to do this properly. Combined with the publication of provincial emergency plans, this will alleviate a significant public safety concern. iv. Alongside legislation, the Crisis Committee must develop a plan for oversight of emergency response plans in the broader public sector and the private sector to ensure compliance. Compliance has been difficult to achieve via AODA. It is essential for emergency procedures. Timeline and Success Metrics: i. Publish government evacuation plans publicly within 180 days of Crisis Committee formation. ii. Alongside emergency procedure plans, publish a supporting document outlining the process of ensuring successful execution of emergency procedures, as well as known gaps in the process that were identified in the creation of emergency procedure plans for public buildings iii. All Ontario employers develop an emergency response plan within 180 days of the passing of related legislation. Crisis Recommendation 2: Focus Deputy Ministers (DMs) on service delivery and employee experience Context: As per the Interim Report, an overreliance on standards derived from input from advisory committees has created a situation in which the lived experiences of everyday PWD are ignored, both in accessing government services and as employed government workers. Given that PWD represent roughly a quarter of Ontario’s population, a standards-based approach is not sufficient, nor is one predicated on raising awareness. - 87 - 14 Virtually everyone in Ontario knows at least one PWD. It should be noted for service delivery, the highest touch areas are likely health care and education. Ergo, these areas deserve enhanced attention for both the number of individuals they serve, and the critical nature of their services. Action: i. The Crisis Committee must issue a directive to all Deputy Ministers to identify barriers in customer (public) and employee experiences within their respective Ministry and its services. To identify such barriers, DMs must engage in material consultations with PWD, both as customers and employees. For clarity's sake, “material” is intended to refer to a statistically relevant sample size of the population served by a given business unit. ii. The Crisis Committee must issue a directive to all Deputy Ministers that they must publish the barriers identified during consultations, as well as a plan to remove these barriers. This plan will have a three-year timeframe, after which a new plan must be developed. It should be noted that both actions within this recommendation mirror the requirements of federally regulated entities under the Accessible Canada Act (ACA), and as such, there is a repository of best practices on which to draw upon. Like ACA plans, each should include a mechanism to anonymously provide feedback. Timeline and Success Metrics: i. Written directives are to be received by all DMs within 180 days of Crisis Committee forming ii. Within 180 days of receiving said directives, each DM must submit their plan to uncover barriers iii. Within one year of receiving directives, each DM must provide a report of key barriers faced by both customers and employees within their respective Ministry and its services, as well as the steps that will be taken to remove these barriers. These plans must be made public, in a variety of formats, to maximize transparency Crisis Recommendation 3: Create a new agency to elevate AODA delivery above legislature Context: At present there is no body that has demonstrated success in enforcing accessibility standards and regulation on to the provincial government itself. Due to this lack of - 88 - 15 accountability, disability has rarely been a priority within the Ontario government. This has downstream effects: unless government can lead on this file, it is unreasonable to expect others to do so. Moreover, there is a lack of centralized resources to tackle accessibility challenges within government. These resources are not just financial: the largest current resource gap is reliable information. The Reviewer found that Ministries often work in “silos” in developing their own accessibility initiatives, meaning there is no repository of best practices or opportunity for inter-organizational learning. An agency dedicated to accessibility can alleviate these coordination problems. Action: i. Develop a framework for the creation of a new Accessibility Agency. This agency would be tasked with leading and coordinating provincial and municipal accessibility activities, many of which are outlined in the tactical recommendations. The agency would also be responsible for the oversight of AODA recommendations; maintain control of processes; conduct research; create, analyze and distribute data; provide consultation to relevant stakeholders; and broader public sector enforcement. Many of these correspond with other recommendations in this report. To underscore its importance, it is recommended this agency report into either the Ministry of Economic Development, Job Creation, and Trade or the Ministry of Public and Business Service Delivery. Both capture missed opportunities in private sector growth and government services, respectively. The creation of such an agency allows for more independent, flexible, direct action and follows other key government priorities such as infrastructure. This will improve accountability. ii. Develop list of funding sources for the new Accessibility Agency Timeline and Success Metrics: i. Plan for the creation of new agency published within 180 days of the formation of the Crisis Committee ii. Creation of fully funded Accessibility Agency within one year of announced plan iii. All AODA and major accessibility initiatives moved under purview of new agency within 180 days of its inception - 89 - 16 Crisis Recommendation 4: Develop Success Metrics and New Action Plan Context: There are currently no clear metrics as to what success looks like in accessibility, apart from adherence to an ever-shifting landscape of standards and definitions. This lack of metrics has made accountability difficult to achieve, not only for the Ontario government, but also for Ontario’s private sector who are seeking a clear “north star” to emulate. This lack of clear success is striking given the stated goal of an accessible Ontario by 2025. Without a clear action plan 2030, much less 2025, is unattainable. Action: i. Assign the Secretary of Cabinet as the owner accountable for Ontario’s accessibility action plan over the next 5 years. This owner should have a close working relationship with the head of the new Accessibility Agency. ii. Define and publicly communicate clear success metrics embedded within a multiyear accessibility plan for which progress is tracked and publicly communicated. This will likely be an aggregated form of the individual Ministry accessibility plans, combined with goals for the private sector and municipalities. Success metrics must be tied to economic and PWD experience goals, not simply the meeting of standards, to provide positive incentives for private sector entities to comply with the AODA and preferably exceed it. This is especially important for small businesses for whom the AODA is largely viewed as a pure compliance cost. iii. Provide a budget for each accessibility plan action item that does not fall within the budgetary purview of individual Ministries. Timelines and Success Metrics i. Owner for new accessibility action plan identified and put in place within 30 days of Crisis Committee formation ii. Working with their team, owner of accessibility plan must publish preliminary success criteria within 180 days of being assigned to their position iii. First provincial action plan must be published within one year of publication of preliminary success criteria, coinciding with plans of individual Ministries - 90 - 17 Crisis Recommendation 5: Accessible Procurement Context: Accessibility gaps frequently occur when organizations source products and services from third party vendors that fall short of their own stated accessibility standards. This problem is especially acute for smaller organizations, who lack the purchasing power to leverage vendors to include built in accessibility features at a feasible price point. Large organizations such as governments have the purchasing power to shift incentive for third party vendors to ensure product accessibility, creating downstream benefits for all. It should be noted the Federal Government leverages its purchasing power in this way, creating the potential for collaboration to improve accessibility in frequently sourced third-party systems such as digital hardware and software. Action i. Assign owner to audit provincial procurement processes. This auditor must have the resources to coordinate their activities across Ministries. For this reason, the auditor should be based in the new Accessibility Agency ii. Develop a plan to audit accessibility in systems procured by the Ontario government, prioritizing those used by the largest number of people. This process should also prioritize systems frequently used in the private sector, especially by small and medium enterprises who lack the purchasing power to leverage accessible procurement at favourable price points iii. Through the accessibility audit, identify and remove accessibility gaps within the procurement process itself, coordinating with Ministries on their individual accessibility plans. Combined with the procurement of accessible goods, this will create a fully accessible public procurement process end-to-end. Published alongside Ministry plans, this will provide a series of best practices for private sector emulation, which will combine with leveraged procurement from the provincial and/or Federal Government (see below) to increase accessibility in Ontario iv. Open discussions with the Federal Government to combine purchasing power in procurement agreements. This will provide further purchasing leverage on commonly sourced systems to ensure they are fully accessible. By allowing the government to procure accessible systems, these systems will become available at better price points for smaller enterprises throughout Ontario - 91 - 18 v. Issue a mandate that Supply Chain Ontario must only procure accessible products and services after January 1, 2025. Any exception must be approved by the Premier and published for public consumption. Timeline and Success Metrics i. ii. iii. Audit ownership to be assigned within 180 days of the creation of the new Accessibility Agency A full audit of the five most procured systems, measured in terms of number of users, should be completed within the first year of audit following assignment of ownership Talks of coordinating procurement should commence within 30 days of the formation of the Crisis Committee iv. Mandate to Supply Chain Ontario published within 180 days of the formation of the Crisis Committee v. vi. The province should set a goal of coordinated procurement with the Federal Government within two years Within three years of tabling this report accessibility is fully integrated into all Ontario government procurement practices - 92 - 19 Strategic Recommendations After 17 years of inaction, a different approach to accessibility is required. This is true not just within Ontario, but across Canada. The Federal Government has begun to act more decisively in the disability market with the passing of the Accessible Canada Act. This requires that all crown corporations, Federal Government entities, and federally regulated organizations publish public accessibility plans outlining key barriers and how they will be removed, in consultation with People with Disabilities, every three years. They must also produce annual progress reports. Readers of these recommendations will note that these criteria and timelines align with those required of the individual Ministry plans as per Crisis Recommendations. This is intentional. The surest path to an accessible Ontario is to harmonize provincial efforts with federal ones, leveraging the financial, logistical, and knowledge advantages of the Federal Government in this space. It is this insight that drives the 4th Reviewer’s two strategic recommendations which aim to federalize accessibility in the private sector while enabling the Ontario Government to set its own specific internal priorities for the broader public sector. The Reviewer also notes the opportunity for the provision of access to federal funding to provinces for accessibility, provided the provinces meet to be considered pre- established quality standards. These recommendations are detailed below. Given the scope of strategic recommendations, these must be owned by a combination of the Premier’s Office and Cabinet. The new Accessibility Agency can play a supporting role in this process. Strategic Recommendation 1: Shift private sector regulation to Federal Government. Ontario to retain regulation of, and focus on, broader public sector. Context There is currently a duplication of accessibility regimes in Ontario that affect some of the province’s largest private sector employers with operations in multiple provinces such as large retailers, large manufacturers, financial institutions and telecommunications providers. These two accessibility regimes are the Accessible Canada Act and the melange of provincial accessibility regimes. Of the two, the ACA has far more robust reporting requirements and enforcement mechanisms, making it a more useful regulatory platform to drive results. Enforcement is non-existent under the AODA, due to a combination of lack of resources and the size of the private sector that falls under the jurisdiction of this legislation. There are 370,000 small businesses in Ontario, which creates a logistical enforcement issue unless an agency is already collecting data on each of these enterprises. - 93 - 20 21 As of December 2021, there were 1.21 million employer businesses in Canada. Of these, 1.19 million (97.9%) were small businesses, 22,700 (1.9%) were medium-sized businesses, and 2,868 (0.2%) were large businesses.6 Ontario hosts 32% of Canada’s small businesses. This represents the largest regulatory burden, by province, in the country. The Federal Government has tools that can be utilized to solve the logistical hurdle of regulating Ontario’s 380,000 small businesses. The Canada Revenue Agency (CRA) routinely collects information from, and audits small and medium businesses across Ontario, making it an ideal partner to enforce the accessibility legislation currently under the AODA. While such a transition would require additional training and resources within the CRA, it is a more efficient means of enforcing accessibility than what currently occurs in Ontario, and while outside the scope of the Reviewer’s mandate, opens an avenue to extend such accessibility legislation across the country. An additional advantage of shifting private sector regulation to the Federal Government is that it is farther along in building the regulatory structure and data gathering process in disability than the Ontario Government. Alongside the ACA, the Federal Government has launched funding for numerous disability research projects that can be leveraged to provide more informed auditing and advice to both the private and public sectors. It is a more efficient use of resources to leverage these data collection processes than to develop them independently of and redundantly to the Federal government. Finally, the financial resource advantage of the Federal Government makes it a natural candidate to be responsible for accessibility regulation. Not only can it commit additional resources to fund research and audit results, but its greater borrowing power also means it is in a better position to retain risk for capital intensive actions such as systemic remediation of assets for accessibility (see also Crisis Recommendation 5). Action i. Initiate a conversation with Federal Government partners as to the feasibility and potential timelines of transferring private sector accessibility regulation and its enforcement from the provincial to federal level ii. Following agreement with the Federal Government, Ontario is to transfer the regulation, enforcement and legislative authority surrounding private sector accessibility to the Federal Government 6 Government of Canada 2022. Key Small Business Statistics 2022. Note that these numbers follow the Statistics Canada definition of small and medium-sized businesses, rather than that of the AODA, which defines a large business as any with 50 or more employees. - 94 - iii. Following the transfer of authority, the current AODA enforcement and research body – the new Accessibility Agency – becomes a provincial resource to assist in implementing and enforcing broader public sector accessibility changes iv. Public sector regulation, enforcement and legislation remains under provincial control, with tied federal funding to ensure completion and maintain quality standards Timelines and Success Metrics i. Ontario government initiates discussions with Federal Government within 180 days of the tabling of this report ii. Within one year of tabling of this report, create priority areas in which to transfer jurisdiction to the Federal Government iii. The Ontario government is to transfer the enforcement and legislative authority of the private sector to the Federal Government within three years of the creation of priority areas iv. Within three years of the transfer of enforcement and legislative authority, the Canada Revenue Agency becomes responsible for auditing Ontario SMEs for accessibility Strategic Recommendation 2: While Federal Government is to own laws, standards, and regulations, Ontario maintains control over accessibility regulation of Ontario’s broader public sector, under the AODA. The Federal and Ontario governments to coordinate on quality standards tied to funding. Context As per above, the current regulatory environment surrounding accessibility in Ontario is inefficient and ineffective. Governments outside Canada that have implemented accessibility legislation rely on a more centralized model. The Reviewer contends that one unified centralized approach is more effective and efficient for all parties implementing regulations. Action i. Alongside federal partners, develop a set of quality standards that all broader public sector entities must meet to be compliant with accessibility regulation ii. Develop a funding model with federal partners to attain and maintain accessibility in the Ontario broader public sector, in accordance with previously established quality standards. Funding is to be tied to adherence with these standards. It is the recommendation of the 4th Reviewer that the - 95 - 22 Federal Government provide 50% of costs of remediating public sector buildings and digital holdings if quality standards are met. For clarity, quality standards may exceed building codes and accessibility standards. Quality standards should be directly linked to an intended experience for people with disabilities. Timelines and Success Metrics i. Development of set of quality standards within one year of accepted transfer of authority to Federal Government. These standards must be grounded in data and experience (see Tactical Recommendations) ii. Funding model established within one year of agreement of quality standards iii. Long term: Ontario becomes “north star” of provincial accessibility that other provinces seek to emulate within a national accessibility regulatory framework - 96 - 23 Tactical Recommendations Tactical recommendations are intended to build on the foundation created by the Crisis Recommendations to create a sustainable accessibility regime in Ontario. To create such sustainable change, these tactical recommendations emphasize data collection, data analysis, information dissemination, behavioural change mechanisms, and government action. The 4th Reviewer also includes a section specific to the built environment, following the assessment that this area should be treated separately from other accessibility initiatives given its future risk and high financial cost. It should be noted that while these recommendations build on the Crisis Recommendations, they may operate independently of the Strategic Recommendations. All data and change mechanisms recommended in this section, the majority of which would be owned by the new Accessibility Agency, can be shared with federal partners depending on the progress of the Strategic Recommendations. These recommendations will significantly improve the bedrock on which accessibility regulation and enforcement is based in Ontario irrespective of the progress made on the Strategic Recommendations. Tactical Recommendation Area 1: Data, Analytics, and Research As has been noted in this report, and extensively in the Interim Report, data on disability and accessibility in Ontario is poor. This is not unique to Ontario. The Federal Government is only beginning its foray into actionable accessibility data. These recommendations are intended to create a robust quantitative and qualitative data collection, data analysis and information dissemination regime for Ontario. Research Recommendation 1: Build team to collect, analyze, and publish disability research as a public asset Context: At present disability data is largely limited to the Federal Government, using blunt tools such as census data. There has been little effort to systematically collect information to understand the experiences of PWD. In these conditions, reliable data is poor, as no Agency or Ministry routinely seeks to collect, analyze and understand this data nor has a disability data and information strategy been developed. Action: i. Identify and hire a data, analytics and research team lead. This individual will be a key member of the leadership team of the new Accessibility Agency. ii. Empower team lead to hire team of qualitative and quantitative data experts to collect and analyze experiences of PWD. This team should have mixed methods expertise and operate within the new Accessibility Agency. To be - 97 - 24 clear, the team should be research and experience (UX) experts first, and can learn disability through their research. iii. Reallocate and increase funding from current accessibility awareness campaigns to the research team. This research team serves a similar role of disseminating information, yet produces greater results by also conducting original research that can then be utilized by media and/or other interested parties. Timelines and Success Metrics: i. Research lead appointed within 180 days of creation of the new Accessibility Agency ii. Budget for research team and initial six years of research sourced within 180 days of creation of the new Accessibility Agency iii. Initial research team hired within 180 days of hiring research lead iv. Publication of first research project within one year of hiring of full team. Publication of new public research quarterly, and continuously, including updates to past research Issue owner: i. Head of the new Accessibility Agency to be responsible for hiring of research team lead ii. Crisis Committee to establish operating budget for the new Accessibility Agency, including research funding, for initial six years. Budget cycle must be longer than election cycle iii. Research lead within the new Accessibility Agency to be responsible for hiring research team and conducting and disseminating research findings Research Recommendation 2: Build equitable representation and analysis of the disability population in publicly collected datasets to be used for decision- making and evaluation Context: Simply collecting disability data is insufficient to ensure an accessible Ontario. There is a need to ensure this data is not only an accurate representation of disability (i.e.: proportionately capturing disability “types” across social groups) but is also integrated into analysis across social issues. For example, disability data must be integrated into the analysis of housing, educational outcomes, and health care outcomes. This capacity for data capture and analysis must be in-house and not outsourced. Once collected, this data must form a basis for public policy decision making and evaluation, and should be - 98 - 25 used to inform the activities of broader public sector organizations. This information should be a public asset to be used to inform the activities of private sector organizations. This research will also allow for the benchmarking of PWD experience. Action: i. As part of research activities, the research team within the new Accessibility Agency must be tasked with building public datasets. These datasets should reflect known frequency of disability within the population, across age and disability type. It must include economic data such as income, employment and added cost to individuals driven by disability. ii. Data and analysis must be widely marketed to the public, the broader public sector and private sector shareholders for use in decision making iii. Data must be actively disseminated to the public in channels and formats that allow for easy consumption (see Research Recommendation 4). iv. Data is to be used for audits and public policy decisions by relevant policy stakeholders Timelines and Success Metrics: i. Creation of first working dataset within two years of securing the new Accessibility Agency research funding ii. Publication of public dataset within three years of the new Accessibility Agency research funding iii. Recurring updates to dataset(s) every 90 days to reflect ongoing research iv. Mandated use of accessibility datasets within one year of publication for public policy decisions in all issue areas at provincial and municipal levels of government, as well as audits of public policy – starting with health, education, housing and transportation Issue owner: i. The creation, curation, and analysis of datasets is the responsibility of the research lead within the new Accessibility Agency ii. The new Accessibility Agency is responsible for demonstrating relevance of public data for public policy making, and in specific issue areas, within one year of its publication iii. Individual stakeholders in the broader public sector are responsible for using this data in their design, evaluation, and auditing of public policy and service delivery, with the new Accessibility Agency research team providing a supporting role upon request - 99 - 26 Research Recommendation 3: Direct coroner reports to record disability in order to measure relative mortality Context: One critical area of missing data pertains to life expectancy for PWD. Because disability is not captured in mortality demographics, this is a critical black box of information. Yet, it is likely that there are significant differences in life expectancy for PWD compared to the general population. First, disability is not well considered in emergency procedures, making accidental death more likely. Second, disability is more likely to coincide with co-morbidities for illnesses such as Covid-19. Finally, disability is more prevalent in other conditions likely to lead to higher mortality rates such as age and lifestyle. Action: i. Ontario must direct coroner reports to include disability, including disability type, regardless if disability is related to cause of death ii. Coroner data must be shared with the new Accessibility Agency research team for integration into public datasets, with required consideration of the privacy of health care data Timelines and Success Metrics: i. Ontario must direct coroners to record disability within one year of the tabling of this report ii. Disability should be integrated into mortality reporting within 180 days of provincial directive Issue owner: i. The Ministry of the Solicitor General is responsible for directing coroners and ensuring disability is integrated into mortality reporting ii. The Ministry of Solicitor General must ensure this data is shared with the new Accessibility Agency research team iii. The new Accessibility Agency research team is responsible for integrating this data into public datasets Research Recommendation 4: Develop a province-wide public disability dashboard Context: Accountability for progress under the AODA is low. A key reason for this is the lack of data and knowledge about the state of accessibility in Ontario. From a public education perspective, this has also led to disjointed and ad-hoc activities that rarely capture the - 100 - 27 scale of disability in Ontario and the experience of PWD in any way, thus leading to wasted resources on educational opportunities. To create accountability, media, opposition parties, and the public must be able to clearly track accessibility and accessibility progress in Ontario. This is the case for other states in the disability space, such as New Zealand, which has created a public disability dashboard that is easily consumed by all. It should be noted that this public dashboard approach was recently adopted in Ontario for tracking Covid-19 data. At that time, this allowed for greater public debate and accountability. It was also an invaluable resource for the Ontario private sector for charting their course in an otherwise information poor environment. Action: i. As part of the Data, Analytics and Research Team, identify lead specialized data and visualization analyst within the new Accessibility Agency research team to own public data presentation ii. Create a public dashboard with all quantitative accessibility data iii. Continued updating of dashboard to reflect new research and findings iv. Provide links on dashboard to further qualitative studies and reading Timelines and Success Metrics: i. Hiring of data analyst responsible for public dashboard within 180 days of hiring research team lead ii. Launch of dashboard including first database results within 90 days of first dataset completion iii. Creation of qualitative research library within one year of dashboard launch Issue owner: i. The public dashboard is to be owned by the new Accessibility Agency Research Recommendation 5: Establish a panel with PWD to consult on priority issues impacting accessibility Context: A key principle in accessibility is “nothing for us without us.” In other words, that People with Disabilities must be consulted through the entirety of a product, service, or policy design cycle. This emphasis on experience is a major theme of the 4th Review of the AODA. - 101 - 28 Too often, the principle of “nothing for us without us” has led to an emphasis on consulting advocacy organizations and/or “experts” rather than the main PWD users of a product, service, or experience. This has in turn led to an emphasis on standards rather than the processes PWD most frequently use when engaging with a given environment. It has also led to costly accessibility initiatives on systems that PWD almost never use. Done properly, consulting with those with lived experience reduces the cost of targeted program delivery. An example is the UK Fulfilling Lives Programme, which funded local partnerships across 12 areas in England to address complex needs such as homelessness, mental illness, and substance abuse. This program saved more than £700 per person, per year in government services. Essential to this program was that its intended beneficiaries were engaged as users to co-produce program reports. This led to the abandonment of programs that actual users knew would be ineffective, saving significant resources. Given the number of PWD in Ontario, building a significant panel of users to consult is not a difficult undertaking. Having these individuals available will provide a simple and direct source of consultations for government stakeholders, both for creating their own accessibility plans, and for the creation and evaluation of policy. Action: i. Assemble panel of 100 PWD for initial consultation work. This panel should reflect the disability population in terms of disability type. These users should not be employed as activists or be members of advocacy organizations to ensure consultations capture ordinary users (advocates may be consulted at other stages of projects) ii. Make panel available across government stakeholders for consultations on accessibility plans, experience design and public policy iii. Continue to expand panel over time, with a goal of exceeding 1,000 users, with rotating membership iv. The new Accessibility Agency may wish to consult with advocacy groups and “experts” periodically as a confirmation and/or fact-finding exercise. This must not act as a replacement for robust user research Timelines and Success Metrics: i. Assembly of initial panel of 100 users within one year of appointment of the new Accessibility Agency research team lead ii. Addition of 100 panelists/quarter, with a target of 1,000 PWD as “steady state” after two years - 102 - 29 30 iii. Consultation with PWD users for every service design, accessibility plan, legislative design or review, as needed, within 180 days of assembly of first panel iv. Creation of specific panels for health, education, and Ontario Public Service within two years v. Build and maintain specific panels for municipalities and/or groups of municipalities, within three years Issue owner: i. The creation and maintenance of user panels is to be owned by the new Accessibility Agency ii. Public sector stakeholders are responsible for engaging these panels in consultation with the new Accessibility Agency Research Recommendation 6: Define and update measurable outcomes for accessibility success, reflecting diverse stakeholder needs Context: A common theme that emerged when consulting private and public sector AODA stakeholders is that there is no clear idea as to what success looks like. This has led to either following the advice of advocacy organizations, or relying on externally generated standards, both of which materially ignore the experiences of core PWD users. A key task of the Crisis Committee is to establish a set of preliminary outcomes to inform the first year of accessibility planning (see Crisis Recommendations 2 and 4). These outcomes must continue to evolve as new data is collected. These outcomes must be multifaceted, targeting specific policy areas such as, but not limited to, employment experience within the broader public sector, health, and education. For reference, see Phase 2 of the Review of the Information and Communications Standards – 2020 Final Recommendations Report. For clarity’s sake, it is plausible that “audited adherence to Standard X” could be a measurable outcome. This assumes, of course, that adherence to Standard X reflects the actual intended experiences of users with disabilities. Action: i. Develop clear metrics establishing the current state of accessibility in the public sector, emphasising health, education, and the Ontario Public Service ii. Establish clear target benchmarks that can be measured and tracked over time to ensure progress and accountability - 103 - Timelines and Success Metrics: i. Establishment of key metrics to be used to define current state of accessibility within one year of hiring research team in the new Accessibility Agency ii. Publication of “where we are” metrics across health, education, and Ontario Public Service within one year of definition of key metrics. This publication should include integration into the public dashboard (see Research Recommendation 4) iii. Continuous updating of metrics as new information becomes available, including new research and annual progress reports Issue owner: i. The new Accessibility Agency is responsible for the creation of success metrics, in consultation with relevant public sector stakeholders ii. Broader public sector Ministries, departments and agencies are responsible for collecting and sharing internal data on their current state, using the new Accessibility Agency success metrics iii. The new Accessibility Agency is responsible for aggregating and disseminating current state of accessibility and track/publish progress over time Research Recommendation 7: Develop public accessibility action plan and publicly share and track progress against previously identified milestones Context: Publicly available data and clear success metrics promote accountability. Accessibility action plans can only be successful if owners are held to account. A key element of improving accessibility is thus ensuring that plans, success metrics, and progress are made publicly available. It should be noted that it is already mandatory for many organizations to create public multiyear accessibility plans – the key needed differences are that these plans have annual public progress reports tied to milestones to ensure accountability, and critically, that the plans must extend beyond legalistic/boilerplate commitments to meet the experience needs of the public and of public sector employees. While provincial public sector entities must already meet these requirements, they must be made more robust in light of stalled progress on this file. Action: i. The Ontario Government, municipalities and their respective Ministries, departments and Agencies must each publish an accessibility plan every three years, with progress reports every year (see Crisis Recommendation 2). These - 104 - 31 plans must be based on consultations with PWD, identify current barriers for both the public and employees in their interaction with the Ministry/Agency, and how the Ministry/Agency intends to remove those barriers over the life cycle of the plan. Note that this follows the structure of the Accessible Canada Act. ii. A new plan must be published for each Ministry, department and Agency every three years Timelines and Success Metrics: i. Publication of an accessibility plan for each Ministry, department and Agency within two years of the tabling of these recommendations (see Crisis Recommendation 2). ii. Publication of success metrics, as defined by the new Accessibility Agency within one year of the public release of accessibility plans to be integrated into subsequent plan cycles iii. Publication and tracking of all broader public sector accessibility plans as part of the provincial accessibility dashboard within 180 days of integrating success metrics Issue owner: i. Each government Ministry, department and Agency is responsible for their respective accessibility plan and progress report ii. The new Accessibility Agency is to play a support role, upon request, in the creation of accessibility plans iii. The new Accessibility Agency is responsible for aggregating Ontario accessibility plans and integrating into public dashboard Research Recommendation 8: Develop public feedback mechanisms for accessibility across the broader public sector Context: The collection of data is not limited to specific studies conducted by the new Accessibility Agency. Particularly in the context of identifying accessibility barriers and obstacles to maximizing public and/or employee experiences with a Ministry, department or Agency, it is necessary to collect continuous stakeholder feedback. For this reason, it is essential that all Ministries/Departments/Agencies allow for the submission of anonymous feedback through a variety of channels. Moreover, given the lack of knowledge of government agencies, it is necessary that feedback be shared from where it is submitted to the correct stakeholder to allow proper aggregation and response (No Wrong Door). - 105 - 32 Action: i. Each Ministry, department and Agency must provide multiple means of providing feedback related to accessibility in their area of operations, including employment. Feedback should be able to be provided via phone, email, or mail, at minimum. Feedback information should be easily available on the website of the Ministry, department or Agency, and also be within the 3-year Accessibility Plan (see Research Recommendation 7) ii. Each Ministry, Department or Agency must forward feedback that does not pertain to their organization but instead to an alternative Ministry, Department or Agency to the new Accessibility Agency iii. The new Accessibility Agency must organize feedback sent to the wrong Ministry or Agency and provide it to the relevant stakeholder iv. Feedback should inform Ministry and Agency progress reports and subsequent Accessibility Plans. They are not sufficient on their own to constitute consultations Timelines and Success Metrics: i. Feedback mechanisms must be published alongside Accessibility Plans (see Research Recommendation 7) ii. The new Accessibility Agency must have a team in place to reallocate feedback prior to the publication deadline of provincial Accessibility Plans Issue owner: i. Each Ministry, department and Agency is responsible for providing feedback mechanisms ii. The new Accessibility Agency is responsible for reallocating feedback as required and ensuring compliance with feedback obligations by Ministries, Departments and Agencies Tactical Recommendation Area 2: Behavioural Change Tools and Mechanisms For 17 years the AODA has created and nominally enforced standards as a way of changing behaviour in both the private and public sectors. The sole use of standards has failed. Alongside lack of consistent and meaningful enforcement, there have been few positive incentive-based mechanisms of change. This in turn has made organizations reluctant to increase accessibility for a misguided fear of high costs and low returns. Both the costs and returns must be addressed to create sustained behavioural change. - 106 - 33 Behavioural Change Recommendation 1: Pilot accessibility funding initiatives including social impact bonds and customer fees Context: A crucial barrier in addressing accessibility concerns is cost, especially for small-and medium-sized enterprises, and for capital-intensive remediations such as those to built environments. This has led to inaction across accessibility. Without intervention, smaller organizations will be unable to meet their accessibility requirements, and large, federally regulated organizations may consider divesting certain assets if they must unilaterally bear the cost of meeting their accessibility requirements in built environments. This will in turn put downward pressure on some of the highest value corporate real estate in Ontario, thus creating a significant economic risk. Action: i. Identify and vet investors that aspire to provide social impact bonds tied to accessibility ii. Create social impact bond pilot project that prioritizes high cost remediations such as those to built environments. Results of pilot project are to be aggregated by the new Accessibility Agency and publicly published iii. Conduct research on public response to small accessibility surcharges on identified government services. The model for this program would be airport improvement fees that can only be applied to remediations and improvements of current airport infrastructure. Timelines and Success Metrics i. Plan for social impact bond developed, including process of vetting of potential investors, within one year of the new Accessibility Agency receiving full funding ii. Opening of application process for social impact bond pilot process within 180 days of plan development iii. Full evaluation report of pilot study within two years of launch, with subsequent publication iv. New Accessibility Agency to complete study of reaction to surcharges within two years of hiring internal research team Issue Owner i. Social impact bond program to be developed and operated by the Ontario Financing Authority, in consultation with the new Accessibility Agency ii. Study of surcharges to be completed by the new Accessibility Agency - 107 - 34 Behavioural Change Recommendation 2: Apply social influence tools to shift public conversations and underlying social norms about disability and accessibility Context: People with disabilities consistently indicate the most frequent barriers they encounter are attitudinal. Shifting attitudinal barriers is difficult to do through regulation. Instead, the Ontario Government should be seeking to shift norms underlying discussions of disability. Normative shifts require persuasion, especially on key potential first-movers that will push smaller players to follow. This will require a multifaceted approach including use of social platforms, understanding current norms, and identifying key messages and potential first-movers. Action: i. Identify current norms and conversational trends surrounding issues of disability and accessibility in Ontario, emphasizing social platforms and mainstream media to maximize reach. The focus needs to be outside of advocacy groups ii. Identify potential first-movers that could be engaged to shift conversations on disability in Ontario iii. Craft potential messages to emphasize for first-movers, centering lived experiences and the messages themselves avoiding stereotypes iv. Create process to measure changes in conversations on disability on social platforms over time v. The Reviewer highly recommends engaging high-quality outside message consultants to assist in messaging. To date, Provincial communications teams have struggled to deliver compelling messages involving disability Timelines and Success Metrics i. Audit of accessibility norms and conversations in Ontario context within one year of the new Accessibility Agency receiving full funding ii. Identification of key influencers within one year of the new Accessibility Agency receiving full funding iii. Crafting of targeted message points within 180 days of identification of key influencers iv. Launch of influence campaign leveraging and potentially funding influencers to spread identified messaging within two years of the new Accessibility Agency receiving full funding v. Quarterly analysis of influence campaign impact - 108 - 35 Issue Owner i. The social influence campaign will be designed and operated by the new Accessibility Agency Behavioural Change Recommendation 3: Partner with Ontario’s tech leaders to explore low-cost technology solutions to identify leaders in space and build accountability Context: Given current regulatory challenges, it has been difficult to generate accountability within the private sector. Indeed, PWD have consistently indicated few improvements in accessibility in Ontario. Alongside this lack of accountability, there are no clear examples of who is doing this well. To mitigate this, there is the potential to use crowd-sourced review software to provide real time feedback for accessibility, thus identifying leaders and laggards in this space. Action: i. Explore partners that can configure interfaces that enable required user inputs for relevant accessibility information ii. Partner with companies to add features that promote accessibility within businesses by providing a public score that users can contribute to Timelines and Success Metrics i. Explore partners that can configure necessary interface within one year of launch of the new Accessibility Agency ii. Bid out and award contract to develop program within 180 days of partner exploration iii. Create a fully functional pilot program within one year of awarding of this contract; overall target is three years since the reading of this report Issue Owner i. The interface program is to be owned by the new Accessibility Agency Behavioural Change Recommendation 4: Identify organizational benefits in increasing accessibility and build appeal into communications with private sector stakeholders Context: The market size of PWD should create incentives for private sector entities to increase accessibility in order to maximize profitability. However, at present few organizations are - 109 - 36 aware of the size of the disability marketplace. Moreover, inaccurate preconceptions of PWD poverty have precluded organizations from meaningful action in this space. From a practical standpoint, creating change is easier and more sustainable through the realization of positive incentives than solely from the threat of regulatory penalty. Not only does it incentivize organizations going above and beyond minimum standards, it also reduces the cost of regularly auditing over 412,000 organizations. Action: i. Identify priority messages to communicate to private and public sector stakeholders, emphasizing economic return ii. Communicate these messages amongst stakeholders, prioritizing larger organizations that are likely to be emulated by smaller ones iii. Reinforce messaging during audit cycles, especially in instances of non- compliance, to promote change Timelines and Success Metrics i. Identification of key messages within 180 days of the new Accessibility Agency receiving funding ii. Targeted messaging disseminated to large public sector stakeholders within 90 days of message identification, to large private sector stakeholders within 180 days of identification, and to medium-sized stakeholders within one year. Mass communication to small enterprises within two years of key message identification or during audit processes, whichever is sooner Issue Owner i. The new Accessibility Agency is responsible for collecting and disseminating key messages of the benefits of accessibility Behavioural Change Recommendation 5: Deliver nudge-based programs and tools to incentivize more prompt and effective organizational compliance Context: Regulation and “strong” incentives, such as those that provide additional funding, are costly. Given the scale of change that must occur in Ontario, reducing these costs is a public expenditure priority providing accessibility targets can be met. One way of reducing costs is by using information sharing and the desire to emulate more successful practices on the part of public and private organizations to “nudge” compliance. This approach has been used most successfully in the U.K. whose government has invested significantly in this approach. - 110 - 37 Action: i. As part of accessibility auditing and data collection processes, identify key barriers to compliance in different sized organizations and in different public/private sectors ii. Identify leading and/or innovative practices that organizations have used to overcome these barriers while maintaining proprietary information iii. Communicate best practices in comparable organizations to those struggling to overcome key barriers to compliance to encourage emulation and build their internal processes and capacity iv. Research must be global, beyond Ontario’s borders, to maximize impact. Timelines and Success Metrics i. Identification of key barriers within one year of full Accessibility Agency funding ii. Identification of leading organizations that have overcome key barriers within 180 days of barrier identification iii. Communication of key insights from leading organization to lagging organizations within one year of identification of leading practices, to be repeated during audit periods Issue Owner i. Nudge practices are to be owned by the new Accessibility Agency Behavioural Change Recommendation 6: Tie public sector results and execution of accessibility plans to compensation packages at Deputy Minister level Context: Within an organization, two of the most significant barriers to acting on accessibility commitments are a lack of governance and a corresponding lack of accountability. Establishing governance and accountability starts at the top of an organization. This is true of both the private and public sectors. Unlike the private sector, the Ontario Government can shape governance within public sector organizations. While recognizing the need for organizational autonomy, leaders of Ministries – Deputy Ministers – must be held accountable for accessibility within their Ministries to avoid a repeat of 17 years of inaction. - 111 - 38 39 Action: i. Tie action – the publication of accessibility plans and the meeting of their goals – to compensation for Deputy Ministers. This will establish individual responsibility for instituting proper internal governance and accountability models. To be clear, the Reviewer is recommending that Deputy Ministers be required to sign accessibility plans and that their pay be cut by at least 5% if they do not meet the objectives on accessibility in their plans Timelines and Success Metrics i. Progress, measured in annual progress reports of accessibility plans, to be tied to Deputy Minister signing and pay within three years Issue Owner i. Responsibility for ensuring signing of accessibility plans and pay incentives are executed will rest with the Treasury Board Secretariat, supported by the new Accessibility Agency. Behavioural Change Recommendation 7: Formally recognize disability as core platform of Environmental, Social, and Corporate Governance (ESG) Context: At present, ESG is a key pillar shaping business decisions, and one of the core concepts encouraging and incentivizing businesses and public sector organizations to conduct their business and service delivery in ways that capture emerging demand. Explicitly including disability under the “social” component of ESG will accelerate action within organizations by providing easier socialization and harmonizing accessibility initiatives with other areas of corporate governance. Tying accessibility to ESG is also a no-cost way of the Ontario Government signalling the importance of this issue. It also presents an opportunity for the Ontario Government to demonstrate leadership on this file. Action: i. Identify leading large private organizations willing to be first movers in integrating accessibility into ESG ii. Alongside potential first movers, collaborate on relevant accessibility standards and definitions to be incorporated into ESG umbrella – for example, The Global Reporting Initiative7 iii. Provide public support to first movers, including announcements from senior government leadership and funding mechanisms 7 Information on The Global Reporting Initiative can be found here - 112 - Timelines and Success Metrics i. Identify first movers within 1 year, consistent with timelines for nudge tactics ii. Working with first movers, create definitions within 180 days of identification of first movers iii. Relevant public sector leaders to support announcements from first movers at discretion of first movers Issue Owner i. The new Accessibility Agency will be responsible for identifying potential first movers ii. The Ontario Financing Authority will be responsible for working with first movers to establish definitions and to publicly support announcements Behavioural Change Recommendation 8: Explore and pilot technology and digital solutions to bypass built environment barriers Context: Remediations to built environment, while necessary, are both costly and time consuming. To ensure inclusion of PWD in the workplace and as consumers, it is essential to develop rapid solutions that can bypass barriers in the built environment while barriers are remediated. Technology can be leveraged to temporarily overcome these barriers. In particular, insights from the Covid-19 Pandemic can be leveraged to understand how to maximize participation even when built environments remain inaccessible. This includes working from home, digital shopping, and increases in services offered online. Providing a stop-gap to built environment barriers will increase Ontario’s workforce and consumer base. Moreover, it should be noted that in the survey commissioned by the 4th Reviewer, PWD consistently indicated they faced few, if any, digital barriers when compared to built environments. Action: i. Identify industries that provide greatest impact from implementing digital technologies that emphasize working from home ii. Create and fund pilot project to implement/incentivize digital solutions in select, high value sectors. Timelines and Success Metrics i. Begin return on investment (ROI) analysis for digital solutions within one year of launch of the new Accessibility Agency ii. Completion of ROI analysis within 180 days iii. Launch of first pilot program within 180 days of completion of ROI analysis iv. Public report on preliminary project results after 180 days of program - 113 - 40 Issue Owner i. The new Accessibility Agency will be responsible for conducting research and this pilot project(s) Tactical Recommendation Area 3: Mobilizing Government Actions Notwithstanding the Reviewer’s Strategic Recommendations, there is need to further mobilize government action in two key areas: cooperation between levels of government and the enforcement of accessibility legislation in both the public sector (auditing themselves) and the private sector. Mobilizing Government Recommendation 1: Develop a cooperation framework between levels of government that clarifies their roles in improving accessibility Context: Once the Strategic Recommendations are completed it will be necessary to develop clear role expectations for three levels of government: federal, provincial, and municipal. Even prior to the completion of the Strategic Recommendations there is a key need to harmonize provincial and municipal service delivery, as municipalities are often on the front line of service delivery, with the provincial government providing funding. Action: i. Assess level of need to initiate reforms based on specific levels of government. This should be done in consultation with key stakeholders, including a range of municipalities across the province that vary along key demographic factors such as age, population, and population density. ii. Assign a federal liaison to coordinate with the new Accessibility Agency to ensure cooperation between three levels of government. Given existing overlap with the ACA, it is imperative that this liaison work with all three levels of government even before completion of Strategic Recommendations Timelines and Success Metrics i. Assessment of potential reforms across levels of government completed within one year of the publication of the provincial accessibility plans ii. Appointment of federal liaison within one year of the publication of provincial accessibility plans Issue Owner i. The federal liaison will be tied to the Ministry of Intergovernmental Affairs. - 114 - 41 ii. The assessment of potential reforms will be done by the new Accessibility Agency, in collaboration with stakeholders across levels of government Mobilizing Government Recommendation 2: Strengthen enforcement measures Context: Independent reviews of the AODA have consistently found that enforcement is non- existent. This is in large part due to lack of resources made available given the number of organizations subject to the AODA. While the Reviewer views positive incentives – “carrots” – as preferable to sanctions, sanctions must be available as a viable policy lever. Enforcement should fall under the purview of the new Accessibility Agency to ensure the power to sanction is combined with the knowledge necessary to utilize complementary tactics such as nudging. Action: i. Provide resources to Accessibility Agency to increase number of audits and site inspections – the level of which should be similar in scale to Ontario Securities regulations and CRA audit/enforcement metrics ii. Leveraging data collection and organizations identified as leaders in the accessibility space, provide necessary support to small and medium enterprises to comply with regulations (see also Behavioural Change Recommendation 5) iii. Provide greater authority to relevant enforcement officials, including the ability to publicize and prosecute instances of non-compliance iv. KEY SHIFT: Establish complaint procedures for centralized resolutions of public sector barriers Timelines and Success Metrics i. Develop and implement public complaint procedures within 1 year of the tabling of this document ii. Provide greater authority to enforcement officials within 1 year of the tabling of this document iii. Allocate additional resources for hiring within provincial jurisdiction of AODA enforcement (keeping in mind strategic recommendations), within 3 years of the tabling of this document iv. Create a package of support tools for small and medium enterprises – including explicit funding – to comply with the AODA, leveraging insights from Research and Behavioural Change Recommendations, within two years of the tabling of this document - 115 - 42 Issue Owner i. Enforcement and complaint mechanisms should be owned by the new Accessibility Agency Mobilizing Government Recommendation 3: Create the permanent position of Assistant Auditor General, Commissioner of Accessibility within the Office of the Auditor General of Ontario Context: The role of Reviewer has proven to be a dull tool to hold the government of the day to account on accessibility. Four consecutive reviews have found fundamental gaps in implementing the AODA. Clearly, this approach has not been effective. Furthermore, it is unclear whether the AODA allows for continued reviews after 2025. In creating the new role of Assistant Auditor General, Commissioner of Accessibility within the Office of the Auditor General of Ontario, a more consistent approach to oversight is created. This action also elevates accessibility to a prominent place within the formal oversight regime of the province. Given the scale and scope of disability and 17 years of inaction from two duly elected governments, the Reviewer sees this as an appropriate impetus for oversight and public accountability. Action: i. Establish the role of Assistant Auditor General, Commissioner of Accessibility within the Office of the Auditor General of Ontario ii. Assistant Auditor General, Commissioner of Accessibility, along with the Auditor General is to report to the Ontario Legislature on the State of Accessibility in Ontario no less than annually. iii. These reports must include the following: a. An independent assessment regarding progress made on the Crisis Recommendations made in this report. This shall continue until the Auditor General deems the crisis over b. A financial accounting of program spending for accessibility within Ontario’s broader public sector c. An assessment of the level of accessibility in Ontario d. Ongoing recommendations to achieve full accessibility in Ontario’s broader public sector Timelines and Success Metrics i. Hire the role Assistant Auditor General, Commissioner of Accessibility under the Office of the Auditor General of Ontario within 180 days of tabling this report - 116 - 43 ii. Publish an audit of action on the Crisis Recommendations contained in this report within 270 days of the tabling of this report. Until the crisis is deemed over by the Auditor General, subsequent gap analyses shall be published every 90 days iii. Publish a Report to the Ontario Legislature annually iv. Liaise closely with the new Accessibility Agency and Ministries to educate, provoke best practise and audit activity Issue Owner i. The process managed by the Commissioner of Accessibility is to be owned by the Office of the Auditor General. Tactical Recommendation Area 4: Built Environments It is the assessment of the 4th Reviewer that built environments must be considered separate from other accessibility initiatives and projects. The reason for this is twofold. First, the cost of remediating built environments far exceeds the capacities of most small or medium enterprises to do so. Even for large organizations, the amount of property owned can make the cost of full remediation difficult if not impossible. Second, built environment concerns pose a material risk to the Ontario economy. The Accessible Canada Act mandates that all federally regulated entities must remove barriers in their built environment. These entities – including all financial institutions and telecommunications providers – are major leaseholders in some of the most lucrative real estate markets in the province. Unless these buildings can be remediated, these organizations will have little choice but to abandon such leases. This will put significant downward pressure on corporate real estate valuations, leading to reduced revenue for the province and larger municipalities. Built Environment Recommendation 1: Provide financial and non-financial support for existing and new built environment projects as they pertain to accessibility Context: The cost of built environment remediations exceeds the ability of organizations to unilaterally bear. Without government intervention, this will create high levels of risk as leases to federally regulated entities expire. These types of interventions represent a perfect risk mitigation role for governments in a market economy. - 117 - 44 Action: i. Explore social impact bonds for high-cost infrastructure projects (see also Behavioural Change Recommendation 1) ii. Issue negative interest rate loans for built environment improvements. These loans should incur negative interest providing accessibility goals are being met, thus incentivizing built environment improvements. Priority should be given to spaces leased by federally regulated entities to mitigate future economic risk Timelines and Success Metrics i. For timelines on social bonds see Behavioural Change Recommendation 1 ii. Assess requirements and feasibility of negative interest rate loans within one year of tabling this report iii. Providing loans are feasible, open first round of applications and assessments within 180 days of completing assessment of feasibility, prioritizing those space leased to federally regulated entities and those with greatest financial risk iv. Expansion of program to other entities within five years of launch, prioritizing based on highest cost and number of persons impacted by potential barriers Issue Owner ii. The loan program is to be owned by the Ministry of Economic Development, Job Creation and Trade Built Environment Recommendation 2: Audit accessibility of public sector built environments Context: It is probable that large amounts of public sector real estate fall short of accessibility requirements. This is in large part due to the large number of older buildings in use across the province. However, to be a leading organization that the private sector can emulate, the Ontario Government must prioritize its own accessibility. The first step to doing this is identifying current gaps, while also making these gaps public to ensure accountability. Action: i. Conduct full accessibility audit of all provincial building, prioritizing education and healthcare ii. Publication of audit results on accessibility dashboard - 118 - 45 Timelines and Success Metrics i. Commencement of audit process within 180 days of tabling of this report Issue Owner i. Each Ministry to be responsible for the auditing of its built environments, in consultation with the new Accessibility Agency Built Environment Recommendation 3: Ministry of Infrastructure to become Center of Excellence for accessibility in built environments Context: As both a high-cost area and one in which the province will be making continued investments to both its property holdings and those in the private sector, it is essential to develop centralized built environment expertise. Consistent with the principle of separating the built environment from the remainder of accessibility initiatives, this expertise should reside within the Ministry of Infrastructure. Action: i. Identify best practices in built environment remediations by identifying leading players and practices in this space ii. Create repeatable processes and benchmarks for remediations in different built environments that can be provided to public and private stakeholders iii. Create an action team within the Ministry of Infrastructure that can provide expertise and advice to private and public stakeholders for all new projects and remediations Timelines and Success Metrics i. Identification of best practices and leading actors in this space within two years of tabling of this document. ii. Creation and publication of sharable documents within 180 days of identifying best practices iii. Action team within the Ministry of Infrastructure to be created within two years of the tabling of this document Issue Owner i. New Accessibility Agency to be responsible for initial identification of best practices and leading actors ii. Ministry of Infrastructure responsible for creating sharable documents and building internal expertise in consultation with the new Accessibility Agency iii. New Accessibility Agency to provide oversight of program - 119 - 46 Built Environment Recommendation 4: All provincial buildings to be accessible by 2030 Context: Given the current state of accessibility progress in Ontario, the goal of provincial government real estate being accessible by 2025 is unrealistic. A 2030 timeline is plausible with material investment. These investments must be made. The Ontario Government must demonstrate leadership in the built environment – the most costly aspect of accessibility – so others will follow. Action: i. Full remediation of all provincial buildings, making them accessible Timelines and Success Metrics i. All provincial buildings pass accessibility audit by 2030 ii. Highest traffic buildings: schools, hospitals, Service Ontario, and large provincial employers to be remediated prior to 2030 deadline iii. Publication of audit results in 2027 and 2030, including explanations for remaining non-compliant environments Issue Owner i. Each Ministry responsible for its own remediations ii. Budgetary support to be provided by the Treasury Board Secretariat iii. Audit of built environments to be conducted by the new Accessibility Agency iv. New Accessibility Agency to publish audit results every three years thereafter to maintain and improve experience for PWD - 120 - 47 Conclusion This report is not intended to be an indictment of the Ontario Government. While the identification of gaps is necessary, the emphasis of the Recommendations Report is how to move forward. It is the conclusion of the 4th Reviewer that accessibility in Ontario currently constitutes a crisis, and that bold and decisive action is needed. Declaring a crisis allows this action to occur. Within one year of the tabling of this document, the Ontario Government must implement all Crisis Recommendations to reduce immediate risks to life and to lay the necessary groundwork for future success in accessibility. A second bold – and in the eyes of the Reviewer necessary – action is transitioning the regulation of accessibility in the private sector from the Ontario Government to the Federal Government. At present there is a wasteful duplication of regimes for some of the largest organizations operating in the province, as well as a lack of provincial resources to properly audit and enforce the number of small and medium enterprises in the province. These tools are available to the Federal Government. They must be utilized. Finally, while the Reviewer provides 23 tactical recommendations, emphasis must be placed on lived experience, aggregated as proper data and analysis. The single greatest missed opportunity of the past 17 years of the AODA has been data collection. Without data, there can be no informed decision-making, no accurate measure of improvement, no accountability, and thus no impetus for change. More importantly, data presents the positive case for accessibility. The case for accessibility is clear for those with experience in disability economics. At least 2.9 million Ontarians currently live with a disability. This number is growing. These Ontarians represent at least 22% of the consumer base and the workforce. Due to barriers, Ontarians with disabilities are too often falling short of their full potential. This is a massive cost to the Province of Ontario, limiting economic efficiency and consumption. They are also voters. The conclusion of the Interim Report opened and concluded with the question “Do you care?” The implications of getting accessibility right – and the continually rising costs of failing to do so – are why the Ontario Government must care. Must prioritize. And must act. Any further delays are an unacceptable risk to the province. - 121 - 48 49 Appendix 1: List of Organizations Consulted by the 4th Reviewer8 • Organizations Consulted • Accessibility Standards Advisory Council • Accessibility Standards Canada • AODA Alliance • Association of Municipalities Ontario • BC Accessibility Directorate • Cabinet Office • Carleton University • Centre for Addiction and Mental Health • City of Toronto • Canadian National Institute for the Blind (CNIB) • Colleges Ontario • Conference Board of Canada • Design of Public Spaces Standards Development Committee • Employment and Social Development Canada • Inclusive Research Design Centre • Ministry of Intergovernmental Affairs • Inter-University AODA Coordinators • K-12 Education Standards Development Committee • March of Dimes Canada • Metrolinx • Ministry of Public and Business Service Delivery • Ministry of Infrastructure • Ministry of Municipal Affairs and Housing • Ministry for Seniors and Accessibility • Ministry of Transportation • Ontario Human Rights Commission • Ontario Hospital Association • Ontario Restaurant Hotel & Motel Association • Ontario Catholic School Trustees' Association 8 Note that the Reviewer spoke to multiple individuals at many organizations, as well as with a series of individuals whose organizational affiliation would reveal their identity if listed here. Moreover, consultations were with individuals within these organizations, and as such, the Reviewer did not meet with the entirety of a given organization. - 122 - • Ontario Network of Accessibility Professionals • Post-secondary Education Standards Development Committee • Retail Council of Canada • Supply Ontario • Spinal Cord Injury Ontario • Transportation Standards Development Committee • Treasury Board Secretariat • University of Guelph • University of Ottawa • University of Toronto • Winnipeg Transit • YMCA • United Way of Greater Toronto Area - 123 - 50 51 Appendix 2: Organizations who Submitted Written Feedback to the 4th Reviewer9 Organizations • Accessible Housing Network • Advancement of Women Halton • AODA Alliance • ARCH Disability Law Centre • Association of Municipalities of Ontario • Citizens with Disabilities Ontario • City of Ottawa • Colleges of Ontario • March of Dimes Canada • Ontario Human Rights Commission • Ontario Public School Boards’ Association • Ontario Society of Occupational Therapists • The City of Cambridge • The City of Pickering 9 Note the Reviewer also received written submissions from individuals. To ensure anonymity, these individuals are not listed here. - 124 - Report to Council Report Number: FIR 01-24 Date: February 26, 2024 From: Steve Boyd Fire Chief Subject: Supply and Delivery of a Fire Pumper Rescue Replacement - Quotation No. RFQQ2023-29 - File: A-1440-001-24 Recommendation: 1. That response for RFQQ2023-29 submitted by Safetek Emergency Vehicles Limited for the supply and delivery of one Aerial Ladder Apparatus in the amount of $2,259,430.00 (plus HST) be accepted; 2. That the total gross project cost of $2,564,456.00 (HST included) and the total net project cost of $2,309,372.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $2,309,372.00 as follows: a) the sum of $2,000,000.00 from the previously approved 2023 Capital Budget be increased to $2,300,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 10 years; b) the sum of $9,372.00 be funded from property taxes; c) the annual debenture repayment charges in the amount of approximately $305,136.00 be included in the annual Current Budget for the City of Pickering commencing 2025, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid; d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing. 4. That the draft By-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: As approved in the 2023 Capital Budget, the Fire Services Department will require one aerial ladder apparatus to replace the 2011 Smeal pumper rescue apparatus currently in service. A Second Stage Quotation, RFQQ2023-29 was advertised on the City¶V portal November 21, 2023 and closed on January 19, 2024. Two proposals were received and proceeded to the Stage II evaluation. - 125 - FIR 01-24 February 26, 2024 Subject: Supply and Delivery of a Fire Pumper Rescue Replacement Page 2 The Evaluation Committee scored the quotations and established Safetek Emergency Vehicles Limited as the top-ranked Respondent. In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000.00, the Manager may approve the award, subject to the approval of the Director, Finance & Treasurer, CAO, and Council. The total gross project cost is estimated to be $2,564,456.00 (HST included) and the total net project cost is estimated at $2,309,372.00 (net of HST rebate). Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: 1. Proposal Amount $2,259,430.00 RFP No. RFQQ2023-29 HST (13%) 293,725,90 Total Gross Quotation Cost $2,553,155,90 2. Estimated Project Costing Summary RFP No. RFQQ2023-29 Contingency Sub Total Cost HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $2,259,430.00 10,000.00 $2,269,430.00 295,026.00 $2,564,456.00 (255,084.00) $2,309,372.00 - 126 - FIR 01-24 February 26, 2024 Subject: Supply and Delivery of a Fire Pumper Rescue Replacement Page 3 3. Approved Source of Funds Account Code Source of Funds Approved Budget Required C10700.2307 Debt ± 15 Years $2,000,000.00 $0.00 C10700.2307 Debt ± 10 Years 0.00 2,300,000.00 Property Taxes C10700.2307 0.00 9,372.00 Total Funds $2,000,000.00 $2,309,372.00 Project Cost under/(over) approved funds by $(309,372.00) The original approved funding source through debentures is being reduced from 15 years to 10 years to save on interest costs. This apparatus will require necessary tools and equipment that will require custom mounting and fitting in order to ready it for service. A portion of the funds will be required for the purchase and installation of this equipment. Discussion: This aerial ladder apparatus, as approved in the 2023 Capital Budget and posted to the City¶V website under RFQQ2023-29, will be primarily utilized to respond to emergency incidents throughout the City that include structure fires, automobile accidents, medical emergencies, industrial alarms, and specialized rescues. It is designed to be highly maneuverable and carry specialized equipment, 1,500 liters of water, and has a pump capacity rating of 6,000 liters per minute. The estimated time to have this apparatus built and placed in-service is 30 months after the successful respondent is awarded. This time allows Pickering Fire Services and Operations staff to carefully oversee the construction of the apparatus and ensure it is fully operational before it is deemed ready for service. This includes installing required tools and equipment that have not been included in the purchasing contract, and training Operations and Fire Services staff on the DSSDUDWXV¶ PDLQWHQDQFH DQG XVe. When the apparatus is ready for service it will be added to the Pickering Fire Services vehicle fleet. It will replace City vehicle 542, the 2011 Smeal pumper rescue apparatus. The 2011 Smeal pumper rescue apparatus will have reached its end of service life and will be due for replacement before this aerial ladder apparatus is ready for service. Specifications for this apparatus were developed based on consultation with Purchasing staff, City Operations staff, the Fire Services Joint Health and Safety Committee, and Training Division staff. A Second Stage Quotation, RFQQ2023- ZDV DGYHUWLVHG RQ WKH &LW\¶V SRUWDO on November 21, 2023 and closed on January 19, 2024. Two proposals were received and proceeded to the Stage II evaluation. - 127 - FIR 01-24 February 26, 2024 Subject: Supply and Delivery of a Fire Pumper Rescue Replacement Page 4 Canoe Procurement Group is a collaborative agency which the City is a member of, and therefore, meets the criteria of a Cooperative Purchase as per Section 13.01 of the Purchasing Policy. Fire Services staff have reviewed the previous work experience of Safetek Emergency Vehicles Limited, the references provided, and the proposal is deemed acceptable. Safetek Emergency Vehicles Limited has successfully completed several previous projects with Pickering Fire Services that include the 2020 Aerial Ladder Truck (FIR 01-20, Resolution # 385/20) and the 2015 Fire Pumper Rescue Truck (FIR 03-15, Resolution # 65/15). Safetek Emergency Vehicles Limited was awarded the 2020 Fire Pumper Rescue Truck (FIR 02-21, Resolution # 581/21) and is currently completing this project. This apparatus will require the purchase of specialized vehicle extrication equipment, rescue saws, fire hose, nozzles, a ventilation fan, and various hand tools for emergency response. Fire Services is requesting additional funds of $309,372.00 for this project. There has been a significant price increase to this fire apparatus and to the specialized tools that are required to place this apparatus in service. In 2020, a similar aerial ladder truck was awarded to Safetek Emergency Vehicles Limited and the total net project cost was $1,510,641.00 (net of HST rebate), reference Report to Council FIR 01-20. There are minimal variances between the specifications for the 2020 aerial ladder truck and this current aerial ladder truck. Upon careful examination of all quotations and relevant documents received, the Fire Services Department recommends the acceptance of the RFP submitted by Safetek Emergency Vehicles Limited for RFQQ2023-29 in the amount of $2,553,155.90 (HST included) and that the total net project cost of $2,309,372.00 (net of HST rebate) be approved. Attachment: 1. Draft By-law for the Supply and Delivery of a Fire Pumper Rescue Replacement project - 128 - FIR 01-24 February 26, 2024 Subject: Supply and Delivery of a Fire Pumper Rescue Replacement Page 5 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Jason Yoshida Steve Boyd Deputy Fire Chief Fire Chief Original Signed By Original Signed By Cathy Bazinet, CPPB, NIGP-CPP Stan Karwowski, MBA, CPA, CMA Manager, Procurement Director, Finance & Treasurer JY:jm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 129 - Attachment 1 to Report FIR 01-24 The Corporation of the City of Pickering By-law No. 8084/24 Being a by-law to authorize the Supply and Delivery of a Fire Pumper Rescue Replacement in the City of Pickering and the issuance of debentures in the amount of $2,300,000.00. Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing may or in any other way; and, Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the ³&LW\´ DQG Whereas the Council of the City wishes to proceed with debenture financing for the Supply and Delivery of a Fire Pumper Rescue Replacement project; and, Whereas before authorizing the Supply and Delivery of a Fire Pumper Rescue Replacement project in the City of Pickering, WKH &RXQFLO RI WKH &LW\ KDG WKH 7UHDVXUHUXSGDWH WKH &LW\¶V Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and therefore, the Ontario Land Tribunal (OLT) approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Land Tribunal approval is not required, the Council of the City approved report FIR 01-24 on the date hereof and approved the Supply and Delivery of a Fire Pumper Rescue Replacement project in the City of Pickering; - 130 - ___________________________________ ___________________________________ By-law No. 8084/24 Page 2 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the City proceed with the project referred to as ³Supply and Delivery of a Fire Pumper Rescue Replacement´; 2. That the estimated costs of the project in the amount of $2,309,372.00 be financed as follows: the sum of $2,300,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 10 years; the sum of $9,372.00 be funded from property taxes; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2025 or such subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; By-law passed this 26th day of February, 2024 Kevin Ashe, Mayor Susan Cassel, City Clerk - 131 - Report to Council Report Number: OPS 03-24 Date: February 26, 2024 From: Brian Duffield Director, Operations Subject: Regional Municipality of Durham Portable Washroom Trailer Lease Agreement -File: A-1440 Recommendation: 1. That Report OPS 03-24 regarding the Regional Municipality of Durham and City of Pickering Lease Agreement be received; 2. That the Mayor and City Clerk be authorized to execute a lease agreement with the Regional Municipality of Durham for a one-year term, commencing on November 1, 2023 and ending on October 31, 2024, that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: The attached draft Lease Agreement between the City of Pickering and the Regional Municipality of Durham will provide Durham Region Transit employees exclusive use of a portable washroom trailer located within the City road allowance on the Pickering Parkway, PIN 26335-0002 that abuts to the south of the parking lot at 1340 Pickering Parkway, in the City of Pickering, as further legally described in Schedule “A” (the “Lands”) of the draft Lease Agreement. The City of Pickering and the Regional Municipality of Durham wish to enter into an lease agreement for a one-year term, commencing on November 1, 2023 and ending on October 31, 2024. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community and Lead & Advocate for Environmental Stewardship, Innovation and Resiliency. Financial Implications: Under this agreement, there is no financial costs to the City. Discussion: The City of Pickering wishes to enter into a lease agreement with the Regional Municipality of Durham for the use of the property known as the roadway Pickering Parkway, PIN 26335, that abuts to the south of the parking lot at 1340 Pickering Parkway, in the City of - 132 - OPS 03-24 February 26, 2024 Subject: Regional Municipality of Durham Portable Washroom Page 2 Trailer Lease Agreement Pickering, as further legally described in Schedule “A” (the “Lands”) within the attached Lease Agreement. Schedule “B" (the “Designated Area”) consists of a portion of the Lands described generally as exterior space on the sidewalk adjacent to the Durham Region Transit bus stop on Pickering Parkway, consisting of the use of approximately 150 square feet of sidewalk just southeast of the Highway 401 pedestrian bridge, on the north side of Pickering Parkway. This location is an important and highly used transit hub that links Durham Region transit stops to the Highway 401 pedestrian bridge for public access to the Pickering GO Transit station. In order for the Durham Region Transit to provide services on the Land in the form of transit stops, a lease agreement in a form satisfactory to the Director, Corporate Services & City Solicitor, is required. The Director, Operations recommends that a lease agreement be entered into for a one-year term (November 1, 2023 and ending on October 31, 2024), and that Council authorize the Mayor and City Clerk to execute the agreement in its final form. Attachment: 1. Draft Lease Agreement Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Rob Gagen Brian Duffield Manager, Parks & Property Director, Operations BD:rg Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 133 - Attachment 1 to Report OPS 03-24 Reference: LEA-P-31 This Lease Agreement made the 31st of October 2023 The Regional Municipality of Durham (the “Tenant”) -and- The Corporation of the City of Pickering (the “Landlord”) WHEREAS the Landlord is the registered owner of the property known as the roadway Pickering Parkway, PIN 26335-0002 that abuts to the south of the parking lot at 1340 Pickering Parkway, in the City of Pickering, as further legally described in Schedule “A” (the “Lands”); AND WHEREAS the Tenant has expressed the need to use a portion of the Lands for the purpose of placement of a Portable Washroom Trailer; NOW THEREFORE, the parties agree as follows. 1. Lease The Landlord hereby leases to the Tenant a portion of the Lands described generally as exterior space on the sidewalk adjacent to the Durham Region Transit bus stop on Pickering Parkway, consisting of the use of approximately 150 square feet of sidewalk just southeast of the Highway 401 pedestrian bridge, on the north side of Pickering Parkway and outlined in dashed red on Schedule “B” (the "Designated Area") for the purposes set out in this Agreement. 2. Term The term of this Agreement is for one (1) year commencing on November 1, 2023 and ending on October 31, 2024. 3. Use The Tenant may use the Designated Area for the placement of a Portable Washroom Trailer for the exclusive use of Durham Region Transit employees. The Landlord may, from time to time, restrict access to the Designated Area, upon delivering notice to the Tenant thirty (30) days prior to restricting access. The notice must set out the reason that access is to be restricted, the area of the Lands to be affected and the length of time during which access is to be restricted. In the case of an emergency or urgent matter, the Landlord may restrict access to the Designated Area immediately and notify the Tenant of such restriction, including the reason for the access to be restricted. 4. Option to Renew The Tenant shall have the option, exercisable by ninety-days of notice to the Landlord to extend the rental arrangement until October 31, 2025 upon the same terms and conditions if agreeable by the Landlord. 5. Basic Rental Rate There will be no applicable rent for this space. Page 1 of 6 - 134 - Reference: LEA-P-31 6. Utilities The Tenant shall be responsible for installation and payment of utilities. 7. Property Taxes There shall be no Property Taxes payable by the Tenant. 8. Custodial Services, Maintenance and Repair The Tenant shall be responsible for all maintenance, including custodial services and shall keep the Portable Washroom Trailer and the Designated Area clean and in a good state of repair. The Tenant will indemnify and compensate the Landlord for any damage caused to the Landlord’s property as a result of installing or maintaining the Portable Washroom Trailer. 9. Designated Area, Snow Removal and Equipment The Tenant shall regularly inspect and keep clean and free of garbage, dirt and debris that accumulate, and regularly remove snow and ice and apply salt as the conditions require in the Designated Area. 10. Insurance Tenant's Insurance The Tenant, at its sole cost and expense, shall take out and maintain: (a) Insurance upon the Portable Washroom Trailer and any other chattels which are located on the Lands; (b) Commercial general liability insurance pertaining to the Tenant’s liability to others in respect of injury, death or damage to property occurring upon, in or about the Lands, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar activities, but in any event in an amount not less than five million dollars ($5,000,000.00) for claims arising out of one occurrence. The Landlord shall be added as an additional insured to the Region’s commercial general liability insurance policy; and (c) Insurance would be carried by a prudent person with similar operations. The Tenant shall provide an insurance certificate completed by the Region’s insurance provider confirming such coverage. 11. Indemnification Each party shall defend, indemnify and save harmless the other party from any and all claims, demands, causes of action, loss, costs or damages that the indemnified party may suffer, incur or be liable for resulting from the performance by the indemnifying party or its contractors of its obligations under this Agreement, save and except damages, claims, demands, actions or causes of action arising out of or as a result of the sole actions of the indemnified party, its agents or employees Page 2 of 6 - 135 - Reference: LEA-P-31 12. Binding Agreement This Agreement is not binding on any parties until it is mutually accepted by both parties through execution of this Agreement. It is acknowledged by the Landlord that the party signing this Lease Agreement on behalf of the Tenant has the authority to bind the Tenant, and that they are appropriate signing officers of the Tenant. Both parties further agree that unless mutually agreed in writing between both parties and signed by each of the parties respective signing authorities, there shall be no representations, warranties, inducements or agreements between the Landlord and the Tenant except that which are specifically provided for in this Lease. 13. Schedules Schedules “A” and “B” attached hereto form part of this Agreement. 14. Electronic Documents This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile, e-mail, or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile or e-mail, as if the original had been received. 15. Independent Legal Advice Each of the parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement. Page 3 of 6 - 136 - Reference: LEA-P-31 Schedule “A” Legal Description of the Lands: PIN 26335-0002 (LT) PCL CON. 1-21-4 SEC PICKERING; PT LTS 21 & 22 CON 1 PTS 37 -40, 42 -45, 47, 48, 54 & 55 40R7765 SAID LANDS BEING IN THE TOWN OF PICKERING IN THE REGIONAL MUNICIPALITY OF DURHAM Page 4 of 6 - 137 - Reference: LEA-P-31 Schedule “B” Designated Area of the Lands: Designated Area PIN 26335-0002 Signing Page Follows Page 5 of 6 - 138 - ______________________________ _____________________________ Reference: LEA-P-31 In Witness Whereof the Landlord has executed this Lease Dated at ____________________ this _____ day of ________________, 2023 The Corporation of the City of Pickering Name: Title: I have the Authority to bind the Landlord In Witness Hereof the Tenant hereby accepts the above Offer Dated at ____________________ this _____ day of ________________, 2023 The Regional Municipality of Durham Ramesh Jagannathan, MBA, M. Eng, P. Eng., PTOE Acting Commissioner of Works I have the Authority to bind the Tenant Page 6 of 6 - 139 - Report to Council Report Number: FIN 04-24 Date: February 26, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: Advisory Services to Meet Asset Retirement Obligation Reporting File: F-1000-001 Recommendation: 1. That Council approve the engagement of the advisory services of Deloitte LLP, under section 10.03 c) of the City’s Purchasing Policy, to assist with the implementation of Public Sector Accounting Standard 3280, Asset Retirement Obligation (ARO); 2. That the proposal submitted by Deloitte LLP in the amount of $96,728.00 (HST included) be accepted; 3. That Council authorize the Director, Finance & Treasurer to fund the net project cost of $87,107.00 from property taxes as provided in the 2024 Current Budget; and, 4. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Executive Summary: The Public Sector Accounting Board (PSAB) introduced a new Standard (3280), referred to as Public Sector Accounting Standards (“PSAS”), to deal with the potential issue of a sudden unplanned expenditure or liability associated with the retirement of an asset. The common example is the cost of removing asbestos (legal requirement) from buildings when the building reaches the end of its life. PSAS 3280 Asset Retirement Obligation (ARO) takes effect for all fiscal years beginning on or after April 1, 2022. For the City of Pickering, the ARO comes into effect/applies for the 2023 year end audit and Financial Statement reporting. Deloitte was engaged in November 2023 to assist with scoping and identifying the tangible capital assets for the ARO implementation, and, as such, it is recommended the firm continue to provide their advisory services for the completion of additional works associated with ARO implementation. Deloitte’s continued assistance is required for the City to complete the December 31, 2023 financial reporting. In other words, the identified liabilities will be measured and included in the City’s 2023 financial statements. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. - 140 - FIN 04-24 February 26, 2024 Subject: Advisory Services to Meet Asset Retirement Obligation Reporting Page 2 Financial Implications: The advisory services fee proposal is estimated at $87,107.00 (net of HST). The 2024 Major’s Budget for the Finance Department includes sufficient funding in the Finance Department Consulting Budget (502230.10600.0000) to accommodate this expense. The City’s financial statements reflects balances and disclosures aligned with public sector accounting standards addressing general liabilities, contractual obligations and contingent liabilities. This new measure, extends these requirements to include liabilities related to the retirement of existing assets. The accounting standard outlines that recognizing the total cost of an asset should consist of the expenses incurred to retire that asset in the future. Discussion: The City of Pickering is responsible for the adoption of the Public Sector Accounting Standards (“PSAS”) 3280 Asset Retirement Obligations (ARO) for 2023 year end audit and Financial Statement reporting. According to PS 3280, an asset retirement obligation should be recognized when all of the following criteria are satisfied:  There is a Legal obligation to incur retirement costs associated with tangible capital assets.  The past transaction or event given rise to the liability has incurred.  There is an expectation that future economic benefits will be given up.  A reasonable estimate of the cost can be made. Retirement activities/obligations result from an assets acquisition, construction, development or normal use. The completion of the current work to-date has identified the following assets that may have ARO liabilities:  City buildings built in 1990 and prior containing asbestos, which was commonly used in tiling, piping, sealant and other building materials.  Agreements for City parks situated on leased lands contain the obligation to remove TCA, and return the premise in a state of good condition. The City does not have sufficient resources or expertise with the various aspects related to the ARO in order to be compliant with the standard. Deloitte was engaged in mid-November 2023 to assist the City with scoping and identifying the tangible capital assets where an ARO would be deemed. Now the City is entering/approaching the measurement and recognition, and reporting and disclosing, which will bring the City into full l compliance with the accounting standard. The work to be completed is summarized below. Determining the Measurement Methodology:  determine if external expertise is needed for costing or modelling  identify key inputs and sources for estimated costs to remediate  accumulate costs to remediate by asset or asset category  evaluate and select the accounting transition approach - 141 - FIN 04-24 February 26, 2024 Subject: Advisory Services to Meet Asset Retirement Obligation Reporting Page 3  evaluate and present value assumptions. Evaluate Data and Reporting Requirements Depending on the Number of AROs:  identify and evaluate data and reporting requirements  develop templates for tracking AROs and performing calculations  update current chart of accounts for ARO The last part is the implementation, reporting and disclosure of AROs for the Financial Statements. This consists of the following: Calculate ARO Entries and the Transition Impact:  use future cashflow estimates to measure AROs  determine appropriate discount and inflation rates and perform present value calculations  prepare opening adjustment entries depending on transition provision  validate accuracy of ARO calculations with key stakeholders Report and Disclose:  prepare financial statements for the year of transition, including restated prior comparatives (if appropriate)  develop new ARO liability disclosures  modify tangible assets disclosures  develop transitional disclosures  educate stakeholders on financial impact In accordance with item 10.03 c) of the Purchasing Policy where the project cost of a consulting assignment is more than $50,000.00, the award is subject to the approval of Council. The total net project cost will be $87,107.00 and will be funded from Finance’s consulting budget (502230.10600.0000). Compliance with the ARO accounting standard is required for the City to complete the 2023 year end audit and to receive an unmodified report (clean report) on the 2023 Financial Statements. Attachments: None - 142 - FIN 04-24 February 26, 2024 Subject: Advisory Services to Meet Asset Retirement Obligation Reporting Page 4 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Susan Marsh, CPA, CGA, PLP Stan Karwowski, MBA, CPA, CMA Senior Accounting Analyst, Internal Audit Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 143 - Memo To: Susan Cassel City Clerk February 21, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: 1133373 Ontario Inc. - Blocks 160, 178, 182 and 186, Plan 40M-2671 File: PLC.40M-2671.15 Blocks 160, 178, 182 and 186, Plan 40M-2671 are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 23 townhouse dwelling units. On February 28, 2022, Council passed By-law 7911/22, enactment of which exempted the subject lands from the part lot control provisions of the Planning Act, R.S.O. 1990. We have been advised that, due to a delay in the Owner’s construction schedule, some of the dwelling units will not be completed and ready for private conveyance by the expiry date set out in By-law 7911/22 (February 28, 2024). Accordingly, a further by-law should be enacted, extending the expiry date to June 26, 2025. Attached is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act. This draft by-law is attached for the consideration of City Council at its meeting scheduled for February 26, 2024. PB:ca Attachments Location Map Draft By-law - 144 - Q) 1---J------j ~ U) 1--------i---------t Olt------1-------1 0 Olf-----{-------j C <I'. t-----< af:j of PlCKERlNG City Development Department Marathon Avenue .c ro a.. ro C Q) .c ~ Azalea Avenue Location Map File: PLC40M2671 Renewal Applicant: 1133373 Ontario Inc. Q) C ro -' 0 () ·;:: 0.. <I'. Legal Description: Blocks 160, 178, (/)t----< t-----l ~ t----< t-----l ~ t----< t-----1 ~ 1-------1 t-----1 ~ 1-------1 t------1 0 t------1(/) 182 & 186, 40M2671 Q) > ·;:: 0 Cl) 3: Q) § ro ~ Delphinium Trail Date: Feb. 09, 2024 © The Corpora\ioo oflhe City of Pickering Produced (in part) urlder IK:ense from: © King's Printer, Onlmio Ministry of Natural Resoorces. All rights rese;ved.; © His Majesty \he King in SCALE: 1:2,000 I Right of Canada, Departmoot of Natural Resources. All rights rese,ved_; © Teranet Enlefprises Inc. and its suppliers. All rights reserved.;© Municipal Property As.sessmoot Corporntioo and itssuppliers.Allrightsreserved THIS ISNOTAPLANa= SURVEY. L:\PLANNI NG\O 1-MapFiles\Legal\Part Lot Control\PartlotControl _ 40M2671 \PartlotControl _ 40M2671.aprx - 145 - ________________________________ ________________________________ The Corporation of the City of Pickering By-law No. 8085/24 Being a by-law to exempt Blocks 160, 178, 182 and 186, Plan 40M-2671, from the part lot control provisions of the Planning Act Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to Blocks 160, 178, 182 and 186, Plan 40M-2671. 2. This by-law shall remain in force and effect for a period of sixteen months from the date of the passing of this by-law and shall expire on June 22, 2025. By-law passed this 26th day of February, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 146 - Memo To: Susan Cassel City Clerk February 21, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: Mattamy (Seaton) Limited – Phase 2 -Block 116, Plan 40M-2632 File: PLC.40M-2632.8 Block 116, Plan 40M-2632 is being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 7 townhouse dwelling units. On June 26, 2023, Council passed By-law 8028/23, enactment of which exempted the subject lands from the part lot control provisions of the Planning Act, R.S.O. 1990. We have been advised that, due to a delay in the Owner’s construction schedule, some of the townhouse dwelling units will not be completed and ready for private conveyance by the expiry date set out in By-law 8028/23 (June 26, 2024). Accordingly, a further by-law should be enacted, extending the expiry date to June 26, 2025. Attached is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act. This draft by-law is attached for the consideration of City Council at its meeting scheduled for February 26, 2024. PB:ca Attachments Location Map Draft By-law - 147 - af:j of PlCKERlNG City Development Department Location Map File: PLC40M2632 Renewal Applicant: Mattamy (Seaton) Limited Legal Description: Block 116, 40M2632 en :s: t------i Q) ~ t------i Q) 1--------l C ~ 1--------l ~ 1--------l ~ 1--------l © The Corpora\ioo oflhe City of Pickering Produced (in part) urlder IK:ense from: © King's Printer, Onlmio Ministry of Natural Resoorces. All rights rese;ved.; © His Majesty \he King in Right of Canada, Departmoot of Natural Resources. All rights rese,ved_; © Teranet Enlefprises Inc. and its suppliers. All rights reserved.;© Municipal Property As.sessmoot Corporntioo and itssuppliers.Allrightsreserved L:\PLANNI NG\O 1-MapFiles\Legal\Part Lot Control\PartlotControl _ 40M2632\PartlotControl _ 40M2632.aprx Q) > ·;:: 0 ai -0 0 .c ~ ::::i Ill Marathon ,c,._\/enue Date: Feb. 12, 2024 SCALE: 1:1,500 I THIS ISNOTAPLANa= SURVEY. - 148 - ________________________________ ________________________________ The Corporation of the City of Pickering By-law No. 8086/24 Being a by-law to exempt Block 116, Plan 40M- 2632, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to Block 116, Plan 40M-2632. 2. This by-law shall remain in force and effect for a period of sixteen months from the date of the passing of this by-law and shall expire on June 26, 2025. By-law passed this 26th day of February, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 149 -