HomeMy WebLinkAboutBy-law 841/78BY-LAW NUMBER 841/78
Being a by-law to authorize the
execution of a Collective Agreement
between the Corporation of the Town
of Pickering and The Town of Pick-
ering Professional Firefighters'
Association; Local 1632, Internat-
ional Association of Firefighters.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. That the Mayor and Clerk are hereby authorized
to execute a Collective Agreement in the form
attached hereto as Schedule 'A' between the
Corporation of the Town of Pickering and The
Town of Pickering Professional Firefighters'
Association; Local 1632, International Assoc-
iation of Firefighters.
By-law read a first, second and third time and finally
PASSED this 19th day of June , 1978.
Clerk
SCHEDULE 'A'
BY-LAW NUMBER 841/78
COLLECTIVE AGREEMENT
BEWTEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Corporation")
OF THE FIRST PART
and
THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS'
ASSOCIATION, LOCAL 1632, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
(hereinafter called the "Association")
OF THE SECOND PART
(FIREFIGHTERS)
ARTICLE # DESCRIPTION PAGE #
1 Full-Time Firefighters Covered 1
2 Recognition 1 - 3
3 Hours of Work 3 - 4
4 Vacations 4 - 6
5 Statutory Holidays 6 - 7
6 Workmen's Compensation 7
7 Sick Leave 7 - 8
8 Hospital and Medical Coverage 8
9 Salaries 9
10 Promotions and seniority 10 - 11
11 Leave of Absence 11 - 12
12 Bereavement Pay 12
13 Pensions & Insurance 13 - 14
14 Uniforms & Equipment 14 - 15
15 Acting Rank 16
16 Discharge or Discipline 16 - 17
17 Grievance Procedure 17 - 20
18 Arbitration 20 - 21
19 Provisions 21
20 Duration 21 - 22
THIS AGREEMENT made this day of A.D. 1978.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Corporation")
OF THE FIRST PART
- and -
THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS'
ASSOCIATION
Local 1632, International Association of Firefighters
(hereinafter called the "Association")
OF THE SECOND PART
WHEREAS the parties hereto wish to establish and maintain
collective bargaining relations between the Corporation and its
Firefighters, and to provide machinery for the prompt and equitable
disposition of grievances, and to establish and maintain mutually
satisfactory working conditions, hours and wages for all Firefighters
who are subject to the provision of this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH
ARTICLE 1
FULL-TIME FIREFIGHTERS COVERED -
1.01 The provisions of this Agreement shall apply to all
Full-time Firefighters of the Town of Pickering Fire
Department under the jurisdiction of the Fire Chief,
with the exception of the Chief and the Deputy Chief,
as defined in the Fire Department Act of Ontario.
ARTICLE 2
RECOGNITION -
2.01 The Corporation retains the sole right to manage all
services and direct the working forces, including
- 2 -
2. 01 contd.
the right to hire, promote, transfer, reprimand,
penalize, suspend, discharge or demote its Full-time
Firefighters for just cause. A claim of discrim-
inatory promotion, demotion or transfer or a claim
that any Full-time Firefighter has been discharged,
penalized or suspended without just cause shall be
the subject of a grievance and dealt with as provided
in Articles 17 and 18.
2.02 The Full-time Firefighters recognize the right of
the Corporation to delegate its authority to a
committee of the appropriate officials, to negotiate
a renewal agreement or to participate in the
resolution of grievances with the Full-time Firefighters
subject to the final approval of any agreement by the
Corporation.
2.03 The Corporation recognizes the Association as the
exclusive bargaining agent for all Full-time
Firefighters of the Town of Pickering Fire Department
with the exception of the Fire Chief and the Deputy
Fire Chief, and this Agreement shall be regarded as being
applicable to all such Full-time Firefighters.
2.04 All Full-time Firefighters, while in uniform whether
on or off duty, shall be governed by the rules and
regulations of the department as established and
published by the Fire Chief from time to time.
- 3 -
2.05 All Full-time Firefighters of the Town of Pickering
Fire Department, that are now members of the said
Local 1632, shall remain members of the said Local
Union and new Full-time Firefighters of the Department
shall become members of Local 1632, International
Association of Firefighters, within the first thirty
(30) days of their probationary period and will
continue their membership in good standing in the
said Local union as a condition of continued employment.
2.06 The Full-time Firefighters agree to keep the Corpor-
ation advised of the names of the Officers of the
Executive and Bargaining Committee upon their election
or any change therein.
2.07 The Corporation and the Association agree that at no
time will discrimination be shown toward any Full-time
Firefighter who is covered by this Agreement. No
strike or lock-out shall occur during the life of this
Agreement or any renewal thereof, and the Association
shall not participate in any sympathy strike in support
of any other organization.
ARTICLE 3
HOURS OF WORK -
3.01 The Full-time Firefighters shall be required to work
a forty-two (42) hour week on the average, based on
the two (2) platoon system, consisting of a ten f10)
hour day and a fourteen (14) hour night.
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3.02 WORKING SCHEDULE
Forty-two (42) Hours Per Week
Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Total
Days
1st Wk. 10 10 10 10 40
Nights
2nd Wk. 14 14 14 14 56
Days
3rd Wk. 10 10 10 30
Nights
4th Wk. 14 14 14 42
3.03 Nothingin the above schedule of hours of work will
prevent the Chief granting the written request of
any two (2) Full-time Firefighters to change shifts
or days off.
3.04 Fire Prevention Officers and Training officers shall
work a system of hours to be determined and scheduled
quarterly in advance by the Fire Chief, provided,
however, that the system shall in no way impair
the efficiency of the Fire Department, and provided
that their hours of work shall not exceed those of
the other employees.
ARTICLE 4
VACATIONS
4.01 All Firefighters who have completed the years of
seniority shown below on the 30th day of June in any
year shall be entitled to the corresponding vacation
with pay.
- 5 -
4.01 (contd.)
Years of service
Less than 1 year
Length of Vacation with Pay
One (1) day for each complete
month of service to a total of
two (2) weeks
Up to 4 years
4 years but less than
12 years
12 years but less than
20 years
Two (2) weeks
Three (3) weeks
Four (4) weeks
20 years or more Five (5) weeks
4.02 Vacation periods shall be drawn by seniority. One
member from each shift may take the same vacation
period at the same time. At the discretion of the
Fire Chief, those Firefighters who are entitled to more
than two weeks vacation may choose their entire
allotment on a consecutive week basis if desired.
After each Firefighter has had the opportunity in turn
of making this choice, seniority shall again govern
with respect to those Firefighters entitled to
additional vacation periods using the above formula.
4.03 No vacation time shall be lost as a result of an
occupational illness or accident incurred in the
performance of duty.
4.04 Vacation date requests shall be submitted to the
Fire Chief on or before February 1st of each year
and the Vacation Schedule shall be posted on or
before February 15th of each year.
- 6 -
4.05 Vacations shall not be accumulative without the
special permission of the Town Manager. Only one
vacation accumulation or extended vacation will be
permitted during each three year period.
ARTICLE 5
STATUTORY HOLIDAYS -
5.01 All Firefighters shall be entitled to eleven (11)
statutory holidays in each year, plus any holiday
declared by the Municipality, in addition to those
listed in Article 5.02 or a proportionate amount
in the event of employment for less than the
complete year.
5.02 The following are considered as holidays:
New Year's Day'
Good Friday
Easter Monday
Victoria Day
Dominion Day
Civic Holiday
Labour Day
Thanksgiving
Remembrance Day
Christmas Day
Boxing Day
- 7 -
5.03 Such statutory holidays may be taken as follows:
(i) Four days pay
(ii) Either seven days pay or seven off duty or
any combination thereof at the Firefighters
option providing that this option has been
stated in writing prior to February 1st in
the year in which the statutory holidays
occur.
ARTICLE 6
WORKMEN'S COMPENSATION -
6.01 When a Firefighter is injured at work and in receipt
of workmen's compensation in lieu of his regular pay,
the Corporation will make up the difference between
such compensation and his regular pay.
ARTICLE 7
SICK LEAVE -
7.01 Each Firefighter shall be entitled, upon completion of
three (3) months employment, to sick leave which will
accumulate at the rate of one and one-half (1k) days
per month. The unused Portion of a Firefighter's
sick leave will be accumulated and carried forward from
one year to another provided that, to qualify for sick
leave with pay a Firefighter shall, when requested by
the Corporation, produce evidence of illness reasonably
satisfactory to the Corporation. On retirement,
separation, or death, a Firefighter or his beneficiary
shall be entitled to an amount equal to his salary,
wages or other remuneration for one-half the number of
days standing to his credit and in any event, not in
excess of the amount of one-half year's earnings (180)
days at the rate received by the Firefighter immediately
- 8 -
7.01 (contd.)
prior to termination of employment and providing
that the Firefighter has completed three (3) years
of service with the Corporation immediately prior
to the termination of employment.
7.02 An unbroken month of service shall be one where a
Full.-time Firefighter is employed on all his working
days in the month and is not absent from his duties
other than on account o:
(i) accident or illness
(ii) time off for death in the immediate family
(iii) time off granted under Article 11.
ARTICLE 8
HOSPITAL AND MEDICAL COVERAGE -
8.01 The Corporation will pay 100% of the premium cost
of the following:
a) Ontario Health Insurance Plan
b) $20,000 Double Indemnity Life Insurance Plan
c) 35C Deductible Blue Cross Prescription Drug
Plan
d) Blue Cross Semi-Private
for all Full-time Firefighters with membership in
such plans.
- 9 -
SALARIES -
9.01 The following shall be the scale of salaries paid
to Fire Department personnel -
Classification
1st Class Firefighter $18,663.00
2nd Class Firefighter 908 of 1st Class Firefighter
3rd Class Firefighter 808 of 1st Class Firefighter
Probationary 708 of 1st Class Firefighter
Captain 1108 of 1st Class Firefighter
Fire Prevention
and Training
officers 1158 of 1st Class Firefighter
9.02 The Corporation hereby agrees that it shall withhold
from the wages of all members of the permanent force
of the Fire Department, all monthly dues which have
been properly levied against Association members and
will transmit same to the Treasurer of the Association
at such time or times in each year as shall be mutually
agreed upon by the Corporation and the Association.
9.03 a) Overtime
overtime pay for Firefighter's duty will be paid
at the rate of lh times the normal hourly rate of
pay. The above will be paid twice a year July
1st and December 15th.
b) Callback -
Any Firefighter who has completed a regular
scheduled shift and gone home, if called back
in for extra service shall receive a minimum of
$12.66 or 1'h times his regular rate, whichever
is greater, for the first hour and time and one-
half his regular hourly rate thereafter.
- 10 -
ARTICLE 10
PROMOTIONS AND SENIORITY -
10.01 A Firefighter promoted to the position of Officer
within the Fire Service shall serve a probationary
period of six (6) months. It is understood that
in the event that a Firefighter promoted to the position
of officer is not confirmed, he shall have the right
to return to his former rank.
10.02 In determining a Full-time Firefighter's length of
service for seniority purposes, computation will begin
on the date the Full-time Firefighter began work.
Former Full-time Firefighters re-entering the service
after continuity of service has been broken by any
reason (Her Majesty's Service excepted) shall be
considered new Full-time Firefighters, and seniority
shall start as of the date they re-enter service.
10.03 Each Full-time Firefighter after serving the
compulsory twelve (12) month probationary period shall
be reviewed by the Chief with a view of advancement,
one classification each twelve (12) months thereafter
until he has reached the rank of First Class Firefighter.
10.09 Seniority shall hereafter refer only to seniority
of a Firefighter within the full-time departmental
staff covered by this agreement.
10.05 Seniority list to be posted by the Corporation in all
the halls each year by January 15th.
- 11 -
10.06 Layoff Procedure -
a) In the event of a reduction in the work force,
layoff shall commence with the Firefighter with
the least amount of total departmental seniority
with the Fire Department.
b) Firefighters so laid off shall retain, but shall
not accrue, their seniority while laid off. In
the event of recall or increase in the work force
positions will be filled in reverse manner to
the layoff.
c) A Firefighter will be deemed to have resigned if,
after layoff he fails to acknowledge his availa-
bility to report to work within five (5) days
after notice of recall is issued (excluding
Saturdays, Sundays and Statutory Holidays) and
further, if he fails to report to work within
ten (10) working days after notice of recall is
issued.
ARTICLE 11
LEAVE OF ABSENCE -
11.01 The Corporation may grant leave of absence, without
pay and without loss of seniority or occupational
classification, to any Firefighter requesting such
leave for a good and sufficient cause.
11.02 Subject to the approval of the Town Manager, the
Fire Chief may grant leave of absence with pay to
a Firefighter upon any special grounds, and the period
of any such leave of absence shall be charged against
the Firefighter's sick leave credits.
11.03 All requests for leave of absence shall be in
writing.
11.04 A Firefighter may only accumulate seniority during
the first three (3) months of a granted leave of
absence under any paragraph of this Article.
- 12 -
11.05 When a Firefighter is subpeonaed as a Court Witness,
he shall not suffer any loss of salary or wages while
so serving, provided that the Corporation shall be
obliged to pay only the difference between such
Firef'_ghter's compensation for his witness fee or
conduct money as a witness and the salary or wages
which he would otherwise have earned had he worked
the regular working day involved.
11.06 Leave of absence without pay or loss of seniority
for attendance at Association Conventions will be
granted to not more than one Firefighter for a period
not to exceed six (6) days in any year, providing a
replacement acceptable to the Fire Chief is provided
by the Association at straight time.
ARTICLE 12
BEREAVEMENT PAY -
12.01 Where in the discretion of the Fire Chief or the
Town Manager it is justified, a Firefighter will
be allowed up to three consecutive days off with pay
when a death occurs in his immediate family, which
shall mean, father, mother, father-in-law, mother-
in-law, sister, brother, spouse, child or other
relatives living with the Firefighter.
12.02 A Firefighter shall be allowed one (1) day off with
pay when death occurs of a sister-in-law, brother-in-
law, grandparent, son-in-law, daughter-in-law, or
grandchild in order to attend the funeral and such
leave shall be charged against the sick leave of the
Firefighter.
- 13 -
ARTICLE 13
PENSIONS & INSURANCE -
13.01 The Municipality agrees to continue the present
OMERS Pension Plan which provides a Pension
1. Equal to 28 of the Firefighter's annual
contributory earnings during the 60 consecutive
months of highest contributory earnings,
multiplied by
2. the number of years of credited service since
enrolment in OMERS after January 1, 1966
(maximum 35)
3. reduced, when the member is entitled to a
pension under the Canada Pension Plan (CPP), by:
the lesser of:
0.78 x
(a) the average of YMPE for
the year the member retires )
and the two preceding years,) number of years
or, )
) of credited service
(b) pensionable earnings which ) x since enrolment in
are the average annual con- ) OMERS after
tributory earnings during ) January 1, 1966
the 60 consecutive months ) (maximum 35)
of highest contributory )
earnings )
4. The Corporation agrees to continue the present
OMERS Type 2 Supplementary Pension Plan using the
28 Formula, effective January 1st 1976. The cost
of such a Plan will be assumed by the Corporation.
13.02 The Full-time Firefighters record of the pension con-
tributions shall be made available for individual approval
annually.
13.03 Each Full-time Firefighter as a condition of employment,
will participate in the existing Group Life Insurance
Plan (Article 8.01, paragraph (b)) with the premium
cost to be assumed by the Corporation.
- 14 -
13.04 All Full-time Firefighters shall, as a condition of
employment, participate in the Pension Plan in effect
at the time of commencement of employment.
13.05 All Firefighters reaching normal retirement age,
sixty (60) years, shall be obliged to retire from the
Corporation on the-last day of the month after the
attainment of the normal retirement age, as defined
in the Ontario Municipal Employees Retirement System
Pension Plan.
ARTICLE 14
UNIFORMS & EQUIPMENT -
14.01 The Corporation agrees to supply all Full-time
Firefighters with the following:
a) One tunic every three years.
b) Three pairs of uniform pants every two years
(to alternate with summer weight pants).
c) Four uniform shirts each year (two shirts
to be short-sleeved)
d) Three uniform ties each year
e) One uniform winter coat every four years
f) One uniform cap each year
g) Two permanent press fatigue shirts each year
h) Two pairs of permanent press fatigue pants
each year
i) One pair of rubber boots, for renewal at the
discretion of the Fire Chief
- 15 -
14.01 (contd.)
j) One safety helmet with front name shield
and flip-up shield affixed, for renewal at the
discretion of the Fire Chief
k) One modern fire coat, for renewal at the discretion
of the Fire Chief. The Corporation agrees to
phase in new firefighting coats of a standard
equal to a Safety Supply Company Systems 3, 7.5
Nomex coat with Fire Marshal's Scotchlite reflective
markings. Coats to have one internal and two
external pockets.
1) One pair of rubber mitts and one pair of Nomex
gloves
m) insoles as needed
n) All shoulder flashes to be affixed to new
uniforms when supplied.
14.02 The measuring and ordering of uniforms shall be completed
by the first day of February of each year.
14.03 The Corporation agrees to permit the Association
to provide beds and bedding, at each Fire Hall, for
use of Firefighters on night shift. . The Association
will be responsible for all cost involved, including
the cost of laundry and under no circumstances will
the Corporation assume any portion of such costs,
either directly or indirectly.
- 16 -
ARTICLE 15
ACTING RANK -
15.01 When the Fire Chief and Captains are absent from
duty, a senior qualified member of the Association
on duty shall be assigned in charge of the Fire
Department for that period of duty, and his salary
shall be adjusted to the rank of Captain, subject
to the following:
(i) A Firefighter who is assigned to perform
all the regular duties of a Captain for a
temporary period of time not less than one
full tour of duty in each assignment, shall
receive salary at the rate of such higher
rank for the entire period he is so assigned.
(ii) The pay for acting rank in the above shall be
paid each pay day.
ARTICLE 16
DISCHARGE OR DISCIPLINE -
16.01 The procedure governing discharge cases shall be
pursuant to Section 4 of the Fire Department Act, as
follows:
114 (i) A Full-time Firefighter shall not be
discharged without being given at least
seven (7) days notice in writing of the
proposed discharge and the reasons thereof,
and may, before the expiry of the notice
require a hearing by delivering a notice
in writing to that effect to the Town
Manager of the Municipality.
- 17 -
16.01 (contd.)
(ii) Where a notice requiring a hearing is
delivered under subsection 1, the Council
or a Committee thereof shall hold a hearing,
and the Firefighter may be represented at
the hearing by counsel.
(iii) Where a Firefighter requires a hearing under
subsection 2, the discharge shall not take
effect before the hearing is disposed of."
16.02 Cases involving alleged unjust discipline or suspension
shall start at stage four of the Grievance Procedure.
16.03 A Full-time Firefighter who is exonerated under Section
16.01 hereof, or 16.02 hereof, shall be reinstated and
paid his salary for the time lost.
ARTICLE 17
GRIEVANCE PROCEDURE -
17.01 The Full-time Firefighters shall appoint a Grievance
Committee from among their members of three (3) men,
and shall notify the Corporation of the personnel of
such Committee and any changes made therein from time
to time.
17.02 In the event of a complaint or grievance relating to
the interpretation, application or administration of
this Agreement, including any allegation that this
Agreement has been violated or any question as to
whether a matter is arbitrable, or as the result of
any action involving a Full-time Firefighter, he
may then proceed as follows:
- 18 -
17.02 (contd.)
STAGE 1 - The Full-time Firefighter may take up
the matter in writing with the officer
in charge of his shift not later than
forty-eight (48) hours after the date
of the incident complained of, and failing
settlement within forty-eight (48) hours.
STAGE 2 - The Full-time Firefighter may take up the
matter with the Fire Chief within forty-
eight (48) hours of the date he took the
matter up with the officer in charge of the
shift.
STAGE 3 - If the matter is not settled by the Fire
Chief within forty-eight (48)hours of the
date it was taken up with him, the Grievance
CXx mittee accompanied by the Full-time
Firefighter may take the matter up with the
Town Manager within forty-eight (48) hours
of the date it was first taken up with the
Fire Chief by the Full-time Firefighter.
STAGE 4 - If the matter is not settled by the Town
Manager within five (5) working days of the
date it was taken up with him at Stage 3, it
may be referred by the Grievance Committee
within seven (7) working days of the date it
was taken up with the Town Manager to the
Executive Committee of Council.
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17.02 (contd.)
STAGE 5 - If the matter is not settled by the
Executive Committee of Council it may,
by notice in writing to the Town Manager,
be referred to arbitration by the Grievance
Committee under Article 18 of this Agreement
within seven (7) working days of the date
it was first taken up with the Executive
Committee of Council.
17.03 Group Grievances -
In case a group of Full-time Firefighters have an
alleged grievance, it shall be taken up by the Grievance
Committee starting at Stage 3.
17.04 General Grievance -
Any difference arising directly between the Association
and the Town concerning the interpretation or violation
of the terms or provisions of this Agreement, may be
submitted to either party by the other at Stage 4 within
and not after ten (10) working days of the date of the
incident complained of.
17.05 In determining the time within which any step is to be
taken under the foregoing provisions of this Article,
Saturdays, Sundays and Statutory Holidays shall be
excluded. Time limits fixed by this Article may be
extended by agreement in writing between the parties.
- 20 -
17.06 At any Stage of the Grievance Procedure, including
arbitration, the conferring parties may have the
assistance of the Full-time Firefighters concerned and
any necessary witnesses, and all reasonable arrangements
shall be made to permit the conferring parties to have
access to the Department, to view disputed operations
and to confer with the necessary witnesses.
ARTICLE 18
ARBITRATION -
18.01 Where a difference arises betweeen the parties relating
to the interpretation, application or administration
of this Agreement or where an allegation is made that
the Agreement has been violated, either of the parties
may after exhausting the Grievance Procedure as set
out in Article 17, notify the other party in writing
of its desire to submit the difference or allegation
to arbitration and if the recipient of the notice and
the party desiring the arbitration do not within
fifteen (15) days agree upon a single arbitrator,
the appointment of a single arbitrator shall be made
by the Minister of Justice and Attorney-General upon
the request of either party, and the arbitrator shall
commence to hear and determine the difference or
allegation within thirty (30)days after his appointment
or at such other time as may be agreed upon by the
parties and the arbitrator, and the arbitrator shall
issue a decision within a reasonable time after hearina
the difference or allegation and the arbitrator's
decision is final and binding upon the parties. The
- 21 -
18.01 (contd.)
arbitrator shall not have any authority to alter or
change any of the provisions of this Agreement or to
substitute any new provision in lieu thereof or to
give any decision contrary to the terms and conditions
of this Agreement, or in any way modify, add to or
detract from any provision of this Agreement, Each
of the parties to this Agreement will share equally
the fees and disbursements of the arbitrator.
ARTICLE 19
PROVISIONS -
19.01 The provisions of the Fire Department Act, R.S.O. 1970,
c. 169 and any amendments thereto shall apply to this
Agreement.
ARTICLE 20
DURATION -
20.01 This Agreement shall remain in force and effect from
the first day of January 1978 until the 31st day of
December 1979 and from year to year thereafter.
In the event of either party desiring or proposing
any change or alteration in the agreement, such party
shall give to the other party not less than thirty
(30) days written notice before the renewal date and
both parties shall thereupon negotiate in good faith
in respect to the matters which it is proposed to
change or alter and the remaining provisions shall
automatically renew themselves as aforesaid.
- 22 -
20.02 Notwithstanding the provisions of Article 20.01, the
parties agree to negotiate changes to Article 9, after
January 1, 1979 with any adjustment agreed to effective
January 1, 1979.
IN WITNESS WHEREOF the Corporation has hereunto caused
its Corporate Seal to be affixed under the hands of its
duly authorized officers, and the Town of Pickering
Professional Firefighters' Association, Local 1632,
International Association of Firefighters has caused
this instrument to be executed by their proper officers
hereunto duly authorized.
THE TOWN OF PICKERING
PROFESSIONAL FIREFIGHTERS'
ASSOCIATION, Local 1632,
International Assocation
of Firefighters
ell
L726
THE CORPORATION OF THE
TOWN OF PICKERING