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February 24, 2025
Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Please be advised that in accordance with Section 09.04 of the Procedure By-law, the City of Pickering is holding Council and Committee Meetings in an electronic format until further notice. 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. 6:00 pm In Camera Council 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 Council Minutes, January 27, 2025 1 (Confidential In Camera Council Minutes, January 27, 2025, provided under separate cover) Executive Committee Minutes, February 3, 2025 31 Planning & Development Committee Minutes, February 3, 2025 36 6. Presentations 7. Delegations Members of the public looking to provide a verbal delegation to Members of Council may do so through a virtual connection into the meeting. For more information, and to register as a delegate, visit pickering.ca/meetings, 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 Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Chair in the order in which they have registered. Delegates are allotted a maximum of 5 minutes to make their delegation. 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. 7.1 Carion Fenn, President & CEO, Carion Fenn Foundation Eithan Fenn, The Alex Monaghan Youth Program Re: Black Excellence – Black History Month 7.2 Emma Cunningham, Trustee, Durham District School Board Re: Protecting Canadian Values: Ban the Nazi Swastika in Canada (Refer to Item 12.2) 8. Correspondence 8.1 Corr. 01-25 43 Nicole Martin, CAO/Clerk, Town of Amaranth Re: Letter of Support regarding moving Council meetings online Recommendation: That Corr. 01-25, from Nicole Martin, CAO/Clerk, Town of Amaranth, dated January 31, 2025, regarding a Letter of Support regarding moving Council meetings online, be received for information. 9. Report EC 02-25 of the Executive Committee held on February 3, 2025 Refer to Executive Committee Agenda pages: 9.1 Director, Corporate Services & City Solicitor, Report IT 01-25 1 Approval of Microsoft Dynamics 365 Platform Proceed with a Request for Proposal (RFP) to Select an Implementation Partner Recommendation: 1. That Council endorses the selection of the Microsoft Dynamics 365 platform as the City’s primary Customer Relationship Management (CRM) solution to enhance operational efficiency, customer service delivery and resident engagement capabilities; and, Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendation in this report. 9.2 Director, Corporate Services & City Solicitor, Report LEG 02-25 5 Final Assumption of Plan of Subdivision - Kindwin (Brock) Development Corporation – Plan of Subdivision 40M-2571 - Lots 1 to 60 and Blocks 61 to 73 and 77, Plan 40M-2571 Recommendation: 1. That Usman Road, Saffron Drive, Sunflower Road, Jade Street, Azure Mews and Magenta Road within Plan 40M-2571 be assumed for public use; 2. That works and services required by the Subdivision Agreement, dated March 15, 2016, within Plan 40M-2571, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 3. That Kindwin (Brock) Development Corporation be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2571; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.3 Director, Corporate Services & City Solicitor, Report LEG 03-25 8 Final Assumption of Plan of Subdivision - Averton (Brock) Limited – Plan of Subdivision 40M-2568 - Block 5 and Rex Heath Drive, Plan 40M-2568 Recommendation: 1. That Rex Heath Drive within Plan 40M-2568 be assumed for public use; Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That works and services required by the Subdivision Agreement, dated March 1, 2016, within Plan 40M-2568, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 3. That Averton (Brock) Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2568; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10. Report PD 01-25 of the Planning & Development Committee held on February 3, 2025 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 03-25 16 Streamlining the Development Application Review Process (DARP) Recommendation: 1. That Report PLN 03-25, regarding the City of Pickering Streamlining the Development Applications Review Process, be received; 2. That the City of Pickering Streamlining the Development Applications Review Process Final Report prepared by Dillon Consulting dated December 20, 2024, and provided as Attachment 2, be endorsed; 3. That the Implementation Work Plan prepared by staff, and provided as Appendix I, be endorsed and considered through future budget processes; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 10.2 Director, City Development & CBO, Report PLN 04-25 140 Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Durham Live Lands (Part of Lots 15 and 16, Concession 1) Recommendation: That Zoning By-law Amendment Application A 03/20 (R1), submitted by Pickering Developments (Bayly) Inc., to permit a range of tourism, commercial, and employment uses on a portion of the Durham Live lands, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 04-25, be finalized and forwarded to Council for enactment. 11. New and Unfinished Business 11.1 Director, Economic Development & Strategic Projects, Report ECD 02-25 44 Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation - Implementation and Establishing Municipal Accommodation Tax and Destination Pickering Recommendation: 1. That the City of Pickering implement a Municipal Accommodation Tax (MAT) by-law in the form included in this Report as Attachment 1, establishing a MAT rate of 4%, effective May 1st 2025; 2. That staff be directed to formalize an agreement, and the Director, Finance & Treasurer or designate be authorized to execute an agreement between the City of Pickering and the Ontario Restaurant Hotel & Motel Association (ORHMA) to collect the MAT (revenue) from City of Pickering accommodation providers in a form satisfactory to the Director, Corporate Services & City Solicitor and Director, Economic Development & Strategic Projects; 3. That staff be authorized to act on the request for consent from the Regional Municipality of Durham to incorporate a Tourism Municipal Services Corporation (MSC), named Destination Pickering, if available and that the Director, Finance & Treasurer Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca be authorized to execute any supporting documents confirming consent; 4. That the following persons be appointed to the interim Board of Directors of Destination Pickering: two Members of Council, appointed by the Mayor; and three City staff members as follows: Director, Economic Development and Strategic Projects, Director Finance & Treasurer, and Director, Community Services; 5. That staff bring forward in the third quarter of 2025, three tourism industry stakeholders from a range of sectors, including, but not limited to: accommodations, meetings and conferences, attractions and retail, festivals and events, sports tourism, food and beverage to be appointed to the Destination Pickering Board of Directors, in addition to one Member of Council, as appointed by the Mayor, and three City staff members; 6. That the Director, Economic Development & Strategic Projects, Director, Community Services, and Director, Finance & Treasurer be authorized to negotiate a service level agreement with the MSC on behalf of the City, in a form satisfactory to the Director, Corporate Services & City Solicitor; and that the Mayor and City Clerk be authorized to execute same; 7. That staff report back to Council in the third quarter of 2025 on the progress of the MAT, including a review of its budget and any additional strategies; and, 8. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 11.2 Fire Chief, Report FIR 03-25 77 Ontario Transfer Payment Agreement with the Province of Ontario - Fire Protection Grant Recommendation: 1. That Report FIR 03-25 regarding the Ontario Transfer Payment Agreement with the Province of Ontario be received; Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the Mayor and City Clerk be authorized to execute the Ontario Transfer Payment Agreement with the Province of Ontario for the Fire Protection Grant, as set out in Attachment 1; and, 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. 11.3 Director, Operations, Report OPS 02-25 104 Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park - Tender No. T2024-10 Recommendation: 1. That the bid submitted by WorldWide Turf Inc. in response to Request for Tender No. T2024-10 for Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park, in the amount of $1,562,016.00 (net HST) or $1,734,550.00 (HST included) be accepted; 2. That the total gross project cost of $2,014,779.00 (HST included), including the amount of the tender, construction contingency, and other associated costs, and the total net project cost of $1,814,371.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $1,814,371.00 as follows and approved in the 2023, 2024 and 2025 Capital Budgets: a. The sum of $585,985.00 to be funded from the Casino Reserve as approved in the 2023 Capital Budget; b. The sum of $416,574.00 to be funded from the Canada Community Benefit Fund Reserve Fund as approved in the 2023 Capital Budget; c. The sum of $13,865.00 to be funded from the Rate Stabilization Reserve as approved in the 2024 Capital Budget; Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca d. The sum of $797,947.00 to be funded from the Canada Community Benefit Fund Reserve Fund as approved in the 2025 Capital Budget; 4. That the Director, Operations be authorized to enter into and execute the CCDC-2, 2020Stipulated Price Contract with the above-mentioned contractor pursuant to Tender T2024-10; 5. That the Director Finance & Treasurer, if required, be authorized to provide additional funding to offset tariff related additional costs that cannot be accommodated through the contingency budget and/or other actions and that these additional costs be funded at the discretion of the Director, Finance & Treasurer; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. 11.4 Director, City Development & CBO, Report PLN 07-25 109 Notice of Intent to Demolish 575 Highway 7 – The Vardon House Recommendation: 1. That the recommendations of the Pickering Heritage Advisory Committee, dated January 22, 2025, to permit the demolition of 575 Highway 7, under Section 27 of the Ontario Heritage Act be endorsed; 2. That staff be directed to remove 575 Highway 7 from the Pickering Heritage Register; and, 3. That staff be directed to continue to collaborate with the applicant to finalize a Commemoration Plan and report back to the Pickering Heritage Advisory Committee. 12. Motions and Notice of Motions 12.1 Sharing of Provincial Land Transfer Tax and GST with Municipalities for Sustainable Infrastructure Moved by Councillor Pickles Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Seconded by Councillor Butt WHEREAS the Province of Ontario collects substantial revenue from the application of the Provincial Land Transfer Tax from the sale of properties, including those in Pickering and across the province, generating significant revenue; And Whereas the Land Transfer Tax (LTT) on property transactions is not directly shared with municipalities, while the majority of infrastructure and services provided to homeowners, is the responsibility of municipalities; And Whereas Municipalities, including the City of Pickering, do not receive a share of the Provincial Land Transfer Tax; And Whereas the Federal Government collects the Goods and Services Tax (GST) on property transactions, a portion of which could be directed to municipalities to address local infrastructure needs; And Whereas redistributing a portion of the existing Provincial Land Transfer Tax and the existing GST to municipalities would provide a predictable and sustainable source of funding for local infrastructure projects without creating a new tax burden on residents or homebuyers; And Whereas a redistribution of a portion of the existing Land Transfer Tax and GST would allow municipalities to better plan and invest in long-term infrastructure, supporting local economic growth and improving the quality of life for the residents; And Whereas Municipalities, including the City of Pickering, do not receive a share of the Provincial Land Transfer Tax; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs through the Office of the Chief Administrative Officer: 1. That the Provincial Government be requested to share a portion of the existing collected Provincial Land Transfer Tax with single and lower tier municipalities; 2. That the Federal Government be requested to allocate to municipalities a percentage to the GST Collected on property sales; Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That this redistribution of the Land Transfer Tax and GST be structured to provide a predictable and sustainable funding to municipalities, allowing for better long-term planning and investment in the infrastructure projects that benefit local communities, thus ensuring that local governments receive a fair share of the revenue to address critical infrastructure needs; 4. That the Council of The Corporation of the City of Pickering endorse the Town of Aurora’s Council Resolution of November 26, 2024 Member Motion 8.9.1 – Mayor Mrakas, regarding Request the Redistribution of the Provincial Land transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding; 5. That a copy of this resolution be forwarded to the Prime Minister of Canada, the Minister of Finance of Canada, the Premier of Ontario, the Minister of Finance of Ontario, the Minister of Municipal Affairs and Housing, local Members of Parliament (MPs) and Members of Provincial Parliament (MPPs), in the Region of Durham; and, 6. That a copy of this resolution be forwarded to the Town of Aurora, all Municipalities in the Region of Durham, the Federation of Canadian Municipalities (FCM), and the Association of Municipalities (AMO) for their endorsement and advocacy. 12.2 Protecting Canadian Values: Ban the Nazi Swastika in Canada Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, in recent years, Nazi iconography has resurfaced with alarming frequency in the public sphere, used by an increasing number of groups and individuals to promote hate and instill fear within Canadian society; And Whereas, since the atrocities of WWII, the Nazi swastika, specifically the German Hakenkreuz, has become universally synonymous with systematic violence, terror and hate. These symbols and iconography represent Nazi ideology, a doctrine rooted in racism, antisemitism, and genocide. Its growing presence in our country poses a threat to every Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca single Canadian citizen, undermining the core values of equality, diversity, and inclusion that define our nation; And Whereas, 18 countries have already taken action to ban these symbols. It is imperative that Canada follow suit; And Whereas, the City of Pickering Council agrees that the people of Canada are counting on the federal government to ensure a future free from hate, where every Canadian is protected, valued, and respected; 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 the Mayor and Members of Council write a letter which supports B’Nai Brith’s call to the Government of Canada to pass legislation banning the public display of Nazi symbols and iconography, including the Nazi swastika - specifically, demanding that the Government of Canada immediately: • ban the Nazi swastika; • ban all variations of all Nazi symbols and iconography; and • condemn acts of hate and explore protocol to report hate motivated acts to human rights organizations; 2. That the Mayor and Members of Council condemn in the strongest terms possible the recent acts of antisemitism and hate felt across the Region of Durham and beyond; 3. That the Mayor and Members of Council reiterate their support for the past National Action Summit on antisemitism which had the participation of the Federal, Provincial and municipal governments; 4. That the City of Pickering commits to looking for ways to educate residents in combating all forms of hate including antisemitism, and the possible inclusion of antisemitism and antihate campaigns; 5. That the City of Pickering staff report on the possibility of establishing a protocol or policy to notify various human rights organizations when hate motivated criminal acts are identified by City staff, and the intent of the policy is to assist them in the collection of empirical evidence related to hate crimes; and, Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 6. That a copy of this resolution be forwarded to B’nai Brith Canada, the Centre for Israel and Jewish Affairs (CIJA), Rabbi Tzali Borenstein, Jennifer O’Connell, MP Pickering-Uxbridge, The Honourable Peter Bethlenfalvy, MPP Pickering-Uxbridge, the Regional Municipality of Durham, Durham District School Board, Durham Catholic District School Board, and all lower-tier Durham municipalities. 12.3 Supporting Hidden Disabilities - Hidden Disabilities Sunflower Program Moved by Councillor Cook Seconded by Councillor Nagy WHEREAS, many Canadians live with hidden disabilities, the Hidden Disabilities Sunflower program was created to encourage inclusivity, acceptance, and understanding; And Whereas, the Hidden Disabilities Sunflower program provides support to individuals living with hidden disabilities by providing a simple and discrete tool that allows individuals to voluntarily identify their needs without disclosing a particular condition; And Whereas, the Hidden Disabilities Sunflower program provides an opportunity to recognize that someone may need a helping hand, understanding or more time in public spaces. Some disabilities, conditions, or chronic illnesses are not immediately obvious to others; And Whereas, other municipalities and corporations such as the Town of Ajax, Durham Region Transit, Billy Bishop and Toronto Pearson Airports, and Metrolinx are also members of the Hidden Disabilities Sunflower program; And Whereas, participation in this program provides for staff training, and aligns with the City of Pickering Multi-Year Accessibility Goal of working toward removing existing barriers for persons with disabilities; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That the City of Pickering will join the Hidden Disabilities Sunflower program and continue to explore new ways to make the City of Pickering’s customer experience more inclusive for all; 2. That staff research the appropriate level of Hidden Disabilities Sunflower membership including associated costs and report back to Council no later than the end of Q2 2025; and, 3. That a copy of this resolution be sent to John Henry, Chair of the Regional Municipality of Durham, the Durham Region Health and Social Services Committee, Durham Ontario Health Team, Community Care Durham, Durham Mental Health Services, and the Pickering Accessibility Advisory Committee. 13. By-laws 13.1 By-law 8160/25 Being a By-law to amend Zoning By-law 8149/24, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lots 15 and 16, Concession 1, Now Part of Lots 2 and 3, and Part 4, 40R5623 (A 03/20 (R1)) (Pickering Developments (Bayly) Inc.) [Refer to Item 5.2 Report PLN 04-25, page 155 of the Planning & Development Committee Meeting Agenda] 13.2 By-law 8161/25 55 Being a by-law to establish a Municipal Accommodation Tax. [Refer to Item 11.1 Report ECD 02-25] 13.3 By-law 8162/25 215 Being a by-law to exempt Blocks 67 and 68, Plan 40M-2664, from the part lot control provisions of the Planning Act. (Lebovic Enterprises Limited) 13.4 By-law 8163/25 218 Being a by-law to exempt Blocks 54 to 57, 59, 62, 63 and 65 to 83, Plan 40M-2743, Pickering from the part lot control provisions of the Planning Act. (Zavala Developments Inc.) Council Meeting Agenda February 24, 2025 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 13.5 By-law 8164/25 220 Being a by-law to repeal By-law 8015/23, a by-law to adopt Amendment 46 to the Official Plan for the City of Pickering (OPA 22-003/P). [Refer to the Memorandum from the Director, City Development & CBO, page 219] 13.6 By-law 8165/25 221 Being a by-law to repeal By-law 8016/23, a by-law to require consultation with the City prior to submission of applications for official plan amendments, zoning by-law amendments, site plans, plans of subdivision and plans of condominium. [Refer to the Memorandum from the Director, City Development & CBO, page 219] 14. Confidential Council – Public Report 15. Regional Councillor Updates 16. Other Business 17. Confirmatory By-law 18. Adjournment Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 1 Present: Mayor Kevin Ashe Councillors: M. BrennerS. Butt L. Cook M. NagyD. 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 L. Gibbs -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 C. Rose -Chief Planner J. Litoborski -Manager, Municipal Law Enforcement Services R. Perera -Deputy Clerk A. Dunne -Principal Planner, Development Review F. Patel -Strategic Initiatives & Corporate Priorities Advisor A. Shah -Senior Advisor, Creative Industries and Tourism 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating electronically. 2.Moment of Reflection Mayor Ashe called for a silent moment of reflection. 3.Indigenous Land Acknowledgment Statement - 1 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 2 Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. 5. Adoption of Minutes Resolution #644/25 Moved by Councillor Cook Seconded by Councillor Butt Council Minutes, December 16, 2024 Special Council – Education & Training Minutes, January 10, 2025 Executive Committee Minutes, January 13, 2025 Carried 6. Presentations There were no presentations. 7. Delegations 7.1 James Meloche, CEO, Community Care Durham Melissa Rudan, Director, Capital Development, Community Care Durham Re: Program of All-inclusive Care for the Elderly (PACE) James Meloche, CEO, and Melissa Rudan, Director, Capital Development, Community Care Durham, appeared before Council via electronic connection to provide an overview regarding OneConnect. Through the aid of a PowerPoint presentation, J. Meloche spoke to the meaning of living with frailty stating that Community Care Durham’s (CCD) comprehensive community-based primary health care program, OneConnect, would help older adults living with frailty age in place for as long as possible while maintaining their independence and quality of life. J. Meloche noted that PACE was a managed care program with population-based funding provided through state and federal public insurers in the United States aiming to prevent or delay the need for nursing home care by offering coordinated, person-centered care that could be delivered at home or in the community. J. Meloche spoke to the vision and mission of CCD adding that they were well positioned to advance a made-in-Durham PACE program called - 2 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 3 OneConnect, and that a community health and wellness centre would be opening in Whitby in fall of 2026. J. Meloche concluded the delegation by requesting Council’s endorsement for the concept of integrated home and community care as envisioned by OneConnect as they pursue funding from the provincial government. J. Meloche also asked that the City engage CCD in future site- planning for expanded day program services, and to identify neighbourhoods with a high proportion of at risk adults that could benefit from this comprehensive model. A brief question and answer period ensued between Members of Council, J. Meloche, and M. Rudan regarding: • whether CCD was in support of the Council motion on PACE; • clarification that they were asking for Council endorsement for their request for provincial funding; • whether they would be consulting with staff on the program; and, • whether the program would support those applying for financial support from different levels of government. 7.2 Mike Palachik, President, Pickering Professional Firefighters Association Re: Report FIR 01-25 Community Risk Assessment and Fire Master Plan Mike Palachik, President, Pickering Professional Firefighters Association, appeared before Council via electronic connection to speak to Report FIR 01-25. M. Palachik noted that the City’s Fire Chief has done exemplary work and that the Association works hand in hand with the Chief and deputy chiefs on a daily basis. M. Palachik stated that while the recommendations in the Fire Master Plan were costly, the Association would be seeking Council’s support to move forward with the recommendations, adding that certain recommendations were pivotal to moving fire services forward in the next five years. M. Palachik further stated that Pickering has not had a Fire Master Plan before and that the Plan would serve as a roadmap for the next few years to come. M. Palachik concluded by adding that this would be a collaboration between Council, staff, and the Association on bringing these recommendations forward. A brief question and answer period ensued between Members of Council and M. Palachik regarding whether the Association was in support of the recommendations outlined in Report FIR 01-25. 7.3 Matt Bentley, Pickering Resident Re: Ward Boundaries - 3 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 4 Matt Bentley, Pickering resident, appeared before Council via electronic connection to speak to Ward Boundaries. M. Bentley stated that they were one of the Pickering residents to petition Council to pass a by-law to amend the ward boundaries consistent with the results of the previous report by Watson & Associates Economists Ltd. M. Bentley provided a brief overview of the previous review that was conducted and expressed the need for public engagement should Council decide to move forward with another ward boundary review. M. Bentley noted that effective representation was not solely about population and that it also needed to ensure that communities of interest have a voice. M. Bentley added that the previous review confirmed that there were strong rural and agricultural interests in well-established communities and hamlets in Pickering, and that these communities had distinct interests from the more urban areas in the City. M. Bentley concluded the delegation by stating that should Council decide to move forward with another ward boundary review, they should also ensure there was a public engagement component and that they should listen to the recommendations of the consultants. A brief question and answer period ensued between Members of Council and M. Bentley regarding: • thoughts on realigning the boundaries of Cherrywood to keep the community within one ward; • the increase to the population since the last ward boundary review and the possibility of including public consultation in the motion; and, • clarification that they were also seeking equality in representation. 8. Report EC 01-25 of the Executive Committee held on January 13, 2025 8.2 Chief Administrative Officer, Report CAO 01-25 Corporate Strategic Plan - 2024 Annual Progress Report Council Decision: That Report CAO 01-25, regarding Corporate Strategic Plan Annual Progress Report, be received for information. 8.4 Director, Engineering Services, Report ENG 01-25 Krosno Creek Stormwater Management Facility K-16 - Feasibility Analysis and Detailed Design - Request for Proposal No. RFP2024-13 Council Decision: - 4 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 5 1. That the proposal submitted by Aquafor Beech Limited, in response to Request for Proposal No. RFP2024-13 for the Feasibility Analysis and Detailed Design for Krosno Creek Stormwater Management (SWM) Facility-K16, in the amount of $150,813.40 (net HST) or $167,471.65 (HST included) be accepted; 2. That the total gross project cost of $209,368.00 (HST included), including the fee amount and other associated costs, and the total net project cost of $188,542.00 (net HST) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $188,542.00 as follows: a) The sum of $65,500.00 to be funded by a transfer from the from Development Charges – City’s Share Reserve as approved in the 2024 Capital Budget be increased to $98,090.00; b) The sum of $60,400.00 to be funded by a transfer from the from Development Charges – Stormwater Management Reserve Fund as approved in the 2024 Capital Budget be increased to $90,452.00; 4. That the Director, Engineering Services be authorized to enter into and execute the Form of Agreement with the above-mentioned consultant pursua to Request for Proposal No. RFP2024-13; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.5 Director, Engineering Services, Report ENG 02-25 Proposed Parking Restrictions - Pickering Parkway Council Decision: 1. That the attached draft by-law be enacted to amend Schedule “2” to By-law 6604/05 to provide for the regulation of parking restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of timed parking restrictions near the Community Food Bank at 1537 Pickering Parkway; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. - 5 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 6 8.6 Director, Engineering Services, Report ENG 03-25 Municipal Bridge Maximum Gross Vehicle Weight Restrictions - By-law to establish load limits for certain bridges under the jurisdiction of the City of Pickering Council Decision: 1. That the attached draft By-law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of The Corporation of the City of Pickering be enacted; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.7 Fire Chief, Report FIR 02-25 Agreement to Provide Medical Oversight Services Lakeridge Health Central East Prehospital Care Program (CEPCP) Council Decision: 1. That Report FIR 02-25, regarding the Agreement to provide Medical Oversight Services between The Corporation of the City of Pickering and Lakeridge Health, be received; 2. That the Mayor and City Clerk be authorized to execute the Agreement with Lakeridge Health to provide Medical Oversight Services to the City of Pickering, as set out in Attachment 1 of this report, subject to such revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to implement the recommendations in this report. 8.8 Director, City Development & CBO, Report PLN 01-25 Sign By-law Review Council Decision: 1. That Report PLN 01-25, which provides additional information regarding Council Resolution #587/24, be received; 2. That the revised Sign By-law as set out in Appendix I to Report PLN 01-25 be enacted; and, - 6 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 7 3. 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 fees related to the new Sign By-law. Resolution #645/25 Moved by Councillor Pickles Seconded by Councillor Butt That Report EC 01-25 of the Executive Committee Meeting held on January 13, 2025 be adopted, save and except Items 8.1, Report FIR 01-25 and 8.3 Report ECD 01-25. Carried 8.1 Fire Chief, Report FIR 01-25 Community Risk Assessment and Fire Master Plan Resolution #646/25 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report FIR 01-25 regarding the Community Risk Assessment and Fire Master Plan be received; 2. That the Community Risk Assessment and Fire Master Plan, as set out in Attachment 1 and Attachment 2, be endorsed; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Unanimously on a Recorded Vote 8.3 Economic Development & Strategic Projects, Report ECD 01-25 Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation - Implementation and Establishing Municipal Accommodation Tax and Destination Pickering Discussion and a question and answer period ensued between Members of Council and staff regarding: - 7 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 8 • whether all hotels and motels in Pickering were consulted and whether they were in agreement to the proposed tax; • the consultation being done with junior levels of staff of the hotels and the Mayor subsequently being notified by Great Canadian Gaming that they were not supportive of the tax; • using alternative methods to the MAT such as promotions and hotel incentives; • referring the report back to staff to provide more time for consultation with parties that were not in agreement with the tax; and, • clarification that hotel promotions and incentives were not in the purview of the City. Moved by Councillor Pickles Seconded by Councillor Butt 1. That the City of Pickering implement a Municipal Accommodation Tax (MAT) by-law in the form included in this Report as Attachment 1, subject to minor changes acceptable to the Director, Corporate Services & City Solicitor, Director, Finance & Treasurer and Director, Economic Development & Strategic Projects, establishing a MAT rate of 4%, effective March 1st, 2025; 2. That staff be directed to formalize an agreement, and the Director, Finance & Treasurer or designate be authorized to execute an agreement between the City of Pickering and the Ontario Restaurant Hotel & Motel Association (ORHMA) to collect the MAT (revenue) from City of Pickering accommodation providers in a form satisfactory to the Director, Corporate Services & City Solicitor and Director, Economic Development & Strategic Projects; 3. That staff be authorized to act on the request for consent from the Regional Municipality of Durham to incorporate a Tourism Municipal Services Corporation (MSC), named Destination Pickering, if available and that the Director, Finance & Treasurer be authorized to execute any supporting documents confirming consent; 4. That the following persons be appointed to the interim Board of Directors of Destination Pickering: two Members of Council, appointed by the Mayor; and three City staff members as follows: Director, Economic Development & Strategic Projects, Director, Finance & Treasurer, and Director, Community Services; - 8 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 9 5. That staff bring forward in the third quarter of 2025, three tourism industry stakeholders from a range of sectors, including, but not limited to: accommodations, meetings and conferences, attractions and retail, festivals and events, sports tourism, food and beverage to be appointed to the Destination Pickering Board of Directors, in addition to one Member of Council, as appointed by the Mayor, and three City staff members; 6. That the Director, Economic Development & Strategic Projects, Director, Community Services, and Director, Finance & Treasurer be authorized to negotiate a service level agreement with the MSC on behalf of the City, to affirm the types of programs and services the MSC will provide on behalf of the City, in a form satisfactory to the Director, Corporate Services & City Solicitor; and that the Mayor and City Clerk be authorized to execute same; 7. That staff report back to Council in the third quarter of 2025 on the progress of the MAT, including a review of its budget and any additional strategies; and, 8. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Note: The disposition of this matter was determined through the referral motion below: Resolution #647/25 Moved by Councillor Robinson Seconded by Councillor Cook That Report ECD 01-25 be referred back to staff to conduct further discussions with the affected hotel operators and report back to Council on the discussions and/or changes to the Report at the February 24, 2025 Council Meeting. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Robinson Mayor Ashe No: Councillor Nagy Councillor Pickles 9. Reports – New and Unfinished Business - 9 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 10 9.1 Director, Finance & Treasurer, Report FIN 01-25 2025 Interim Levy and Interim Tax Instalment Due Dates Resolution #648/25 Moved by Councillor Butt Seconded by Councillor Pickles 1. That an interim property tax levy be adopted for all realty property classes for 2025; 2. That the interim property tax levy instalment due dates be February 25 and April 25, 2025; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 9.2 Director, Corporate Services & City Solicitor, Report LEG 01-25 Expropriation of lands required for the construction of a new Fire Station at 1521 Bayly Street, Pickering A question and answer period ensued between Members of Council and staff regarding: • alternative sites considered for the fire station and why they were deemed unsuitable; • clarification that the landowner was not in agreement with selling the land and whether the disagreement was on the dollar amount or an emotional attachment to the land; • whether the landowner was offered other options such as a land swap or leasing or renting the property from the landowner; • referring the matter back to staff to have further negotiations with the landowner; • staff having had extensive negotiations with the land owner, the expropriation process providing the land owner with fair market value for the lands, and the City incurring the costs related to the transaction for itself and the landowner; and, - 10 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 11 • commitment from staff to ask the landowner one more time whether they would be in agreement of a land swap. Resolution #649/25 Moved by Councillor Butt Seconded by Councillor Pickles 1. That City Council, as approving authority under the Expropriations Act (the “Act”), hereby approves the expropriation of lands (the “Property”) municipally known as 1521 Bayly Street, Pickering and legally described as PCL BF 3-20-17, SEC Pickering, PT LT 20, Range 3, Broken Front Concession in the Town of Pickering, in the Regional Municipality of Durham, PT 2, 40R8748; Together with an Easement over Part Lot 20 Range 3 Broken Front Concession Part 3 Plan 40R8748 as in LT338352; City of Pickering, deposited in the Land Registry Office on January 18, 2022, and further grants a Certificate of Approval in respect thereof; 2. That the Expropriation By-law (Attachment 1) for the Property be enacted; 3. That the total cost of the expropriation as determined by the Act and as detailed in the Confidential Memo to Council dated January 27, 2025 be approved, and that the Director Finance & Treasurer be authorized to fund such costs by a transfer from the Casino Reserve; 4. That City Council, as approving authority under the Act, hereby authorizes all steps necessary to obtain title to the Property in accordance with the Act, including, but not limited to, the preparation, registration and service of plans and forms; 5. That the Mayor and City Clerk are hereby granted the authority to sign any forms or plans as may be required under the Act to give effect to Recommendation 3; and, 6. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Unanimously on a Recorded Vote 9.3 Director, City Development & CBO, Report PLN 02-25 City of Pickering Annual Housing Monitoring Report Resolution #650/25 - 11 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 12 Moved by Councillor Butt Seconded by Councillor Pickles That Report PLN 02-25, regarding the City of Pickering Annual Housing Monitoring Report, be received for information. Carried 9.4 Director, Finance & Treasurer, Report FIN 02-25 2025 Financial Housekeeping Report Discussion and a question and answer period ensued between Members of Council and staff regarding: • concerns regarding the revision to the Purchasing Policy to change the dollar threshold amount that requires Council approval from $25,000 to $100,000 for public art project purchases or public art projects; • concerns regarding several recommendations in the staff Report and requiring additional time to gather answers from staff; and, • clarification that the housekeeping report was an annual report intended to make necessary adjustments to implement the approved budget. Resolution #651/25 Moved by Councillor Butt Seconded by Councillor Pickles 1. That Council approve an increase to the 2025 Low Income Seniors & Persons with Disabilities Tax Grant amount, from $560 to $600 per household; 2. That the Director, Finance & Treasurer be authorized, at his discretion, to draw from the Building Permit Reserve Fund to address any revenue shortfall (Building Permit Fees) to maintain the 2025 balanced budget plan; 3. That Council approve the cancellation of the following previously approved Capital projects: Project Number Description Unspent Budget Amount C10700.2018 Seaton North FS - Land $1,400,000 - 12 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 13 C10700.2305 Seaton Fire Station B Land Purchase $1,350,000 C10700.2401 FS #5 Replacement $4,600,000 C10225.2402 New Pilates Reformer Machines $23,000 C10240.2306 Server Room FM200 System Replacement $77,000 C10300.2302 EV Charging Stations - Operations Centre $77,000 C10305.2407 1 Ton Dump Truck with Aluminum Body and Crane $175,000 C10305.2408 Utility Truck $150,000 C10315.2413 4 Ton Dump Truck Roll- off Body $350,000 C10600.1903 Purchase of Land - Pickering Innovation Corridor $9,000,000 4. That Council approve staff attendance at international conferences, in accordance with Subsection 10.02 of the Financial Control Policy, for the following: a) International travel by the Manager, ERP & Financial Systems or designate to attend the 2025 annual SAP Sapphire Conference in Orlando, Florida, and that the total conference costs not to exceed $4,150 (CAD); b) International travel by the Director, Economic Development & Strategic Projects or designate to attend the 2025 annual conference for International Economic Development Council in Detroit, Michigan and that the total conference costs not to exceed $5,000 (CAD); c) International travel by the Director, Economic Development & Strategic Projects or designate to attend the 2025 conference for American Public Transportation Association Conference & Expo in Chicago, Illinois and that the total conference costs not to exceed $5,000 (CAD); 5. That the following capital projects have their financing sources changed from Debt financing to City’s Reserves/Reserve Funds, to help preserve the ARL room for future capital projects: - 13 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 14 a) C10700.2307 (Fire Pumper Rescue Replacement, total cost of $2,009,372) – originally approved for $9,372 in property tax funding and $2,000,000 in debt financing (FIR 01-24) – being changed to the Rate Stabilization Reserve for debt financing; b) C10570.1701 (Westney Road - Full Road Reconstruction, total cost of $1,800,000) – originally approved as $300,000 in debt financing (2017 Capital Budget) and $1,500,000 from the Road & Bridges Reserve Fund, - full amount $1,800,000 to be funded from Road & Bridges Reserve Fund; 6. That the Purchasing Policy (PUR 010) be revised to change the dollar threshold amount that requires Council approval from $25,000 to $100,000 for Public Art Project purchases or Public Art projects, and that Community Services staff report back to Council in the first Quarter of 2027 evaluating these changes; 7. That the Director, Finance & Treasurer be authorized, at his discretion, to undertake the following actions: a) Any 2025 surplus Current Operating funds at year-end in excess of approximately $125,000 be allocated in the following ratio: 30 percent to the Rate Stabilization Reserve (8007); 30 percent to the Facilities Reserve (8026); and 40 percent to the City Share DC Projects Reserve (8008); b) Any surplus funds from the Emergency Operational Capital Needs Account (11100.503510) to the Facilities Reserve (8026); c) Any revenue from the sale of used vehicles (11100.406600) to the Vehicle Replacement Reserve (8016); d) Any surplus funds from Museum donations (10250.406500) and Artefact Repairs & Maintenance Account (10250.502385) to the Museum Collection Reserve (8033); e) Any green energy rebates and revenue associated with the Claremont solar roof rental project account (10325.404500.9480) and other incentives and rebates account (10325.406551) to the Reserve for Sustainable Initiatives; f) Transfer 50 percent of revenues collected from Municipal Accommodation Tax (MAT) after collection and administrative - 14 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 15 expenses (subject to Council’s approval of the tax) to the MAT Reserve (8042); g) An amount up to $665,716 from the Casino Reserve to fund the net cost of the Major Capital Facilities Cost Centre (10330); h) Where the 2025 year-end balance of the WSIB Reserve is greater than $4.0 million, the excess funds will be transferred to the WSIB Excess Indemnity Reserve Fund (8702); i) Where the 2025 actual investment income (10600.406000) exceeds the budget amount of $1,800,000, the excess funds will be transferred to the Balloon Payment Reserve (8039), to minimize future debt costs; j) Where the 2025 actual winter control costs exceed the budget, the deficit will be funded by a transfer from the Winter Control Reserve; k) Where the actual 2025 Property Tax Write-offs (account 11100.503000) exceed the budget provision due to assessment appeals, the deficit will be funded by a transfer from the Assessment Appeal Reserve (8002), and if this reserve is depleted, then the shortfall will be funded from the Rate Stabilization Reserve (8007); l) Where the actual 2025 Payment-in-Lieu Education Share revenues are less than the budget estimates, the deficit will be funded by a transfer from the Rate Stabilization Reserve (8007); 8. That the Director, Finance & Treasurer be authorized to: a) Undertake transactions in the spot or forward (12 months or less) currency markets in order to effect United States dollar denominated expenditures in the Current or Capital Budgets; b) Sign leases or rental agreements (including summer rentals) on the City’s behalf for the provision of vehicles or equipment required for temporary use during periods of equipment breakdown or repair or during periods of increased need (e.g. inclement weather); c) Apply for all grants included in the 2025 Current Budget, 2025 Capital Budget, and prior year’s capital projects that have not started, and that Council endorse all future applications that meet senior government grant criteria and that staff report back to Council at the next possible meeting regarding which grants staff have - 15 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 16 applied to; d) Make any changes, or take any actions necessary, to ensure that the budget accommodates any reallocation of 2025 current operating expenditures and revenues that may be required to accommodate any labour relations settlements or any other required budget reallocations, while maintaining the approved levy; e) Adjust the 2025 final tax rates to address any revenue shortfall arising as a result of a provincial tax policy change; f) Initiate any additional assessment appeals necessary to protect the assessment base of the City; g) Apply any debt repayment, interest or financing provisions contained in the annual Current Operating Budget not used in the current year’s payments towards additional principal repayments, repayment of outstanding loans, debt charges, to reduce debt or internal loans not issued, or transfer funds to the balloon payment reserve; h) Adjust the per kilometer travel expense reimbursement rate (last increased in 2024) with an effective date of March 1, 2025, from 0.70 cents per kilometre to 0.72 cents per kilometre for the first 5,000 kilometres and from 0.64 cents per kilometre to 0.66 cents per kilometre for travel beyond 5,000 kilometres; 9. a) That Council approve the continuing engagement of Watson & Associates Economists Ltd., to be used for fiscal impact studies and related works, Development Charge Background Study updates and/or amendments, Community Benefit Charge Study updates and/or amendments and any other DC or CBC related matters; b) That Council approve the award of professional services in accordance with the City’s Purchasing Policy Item 10.03 (c) to Watson & Associates Economists Ltd., for the Development Application Approval Process (DAAP) study in the amount of $101,540 (net HST); 10. a) That Council approve the continuing engagement of the firm PSD Citywide Inc., to be used for asset management consulting and other work in support of the City’s compliance with Asset Management legislation; - 16 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 17 b) That Council approve the award of professional services in accordance with the City’s Purchasing Policy Item 10.03 (c) to PSD Citywide Inc. for the completion of the Asset Management Plan (AMP) to be completed in 2025 in an amount not to exceed $98,000 (net HST); 11. That Council approve the continuing engagement of the following firms: Nixon Poole Lackie LLP, Municipal Tax Equity (MTE) Consultants Inc. and MTE Paralegal Professional Corp for any studies related to reassessment or other property tax issues and to protect the property tax base by defending assessment appeals through proactive assessment base management; 12. That Council approve the following grants, which are exceptions to the Community Grant policy, and that these grants be funded from the General Government Grants to Organizations accounts 50305, 503050 and the Grants Contingency account: a) A grant to the Pickering Lawn Bowling Club, in the amount of $3,000, to purchase five sets of smaller bowls that weigh less for seniors to handle; b) A grant to Pickering Pentecostal Church, in the amount of $20,000, to be used for youth leadership programming, including retreats and camps throughout the spring and summer and seminars for both youth and their guardians concerning mental health, parental support and career planning; c) A grant to the Rotary Club of Pickering, in the amount of $10,000, to be used towards hosting the Pickering 2025 Ribfest; d) A grant to the Redeemed Christian Church of God – Fountainhead Chapel, in the amount of $4,500, to be used towards the purchase two classroom projectors, two projector screens, digital media and website maintenance, honorarium for five trainers and program software, supplies and accessories; e) A grant to the Canada SCORES Toronto, in the amount of $3,000, to be used to enhance the free after school program offered to the children of the Bayview Heights area, including the purchase of equipment, uniforms and a healthy snack program; f) A grant to the Pickering Islamic Centre, in the amount of $5,000, to be used towards hosting an annual event called “The Carnival”, - 17 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 18 including food stalls, retail stalls, gaming area for kids, live video game, small animal shows, etc.; g) A grant to Dedicated Advocacy and Resources Servies (DARS), in the amount of $50,000, to be used for food ($6,000), a storage unit ($3,300), kitchen appliances ($6,000), clients transportation ($2,000), footcare ($3,000), temporary housing ($4,000), living rough supplies ($5,000), first aid supplies ($1,000) and DARS farmhouse roof ($19,700); h) A grant to Ontario Shores Foundation for Mental Health, in the amount of $25,000, to go towards raising funds for the renovation of live-in units for patients and their families and for technology upgrades including online educational courses for reinforcing skills at home and having interactive multimedia technology in psychiatric units to engage patients therapeutically; i) A grant to Durham Alliance Association Social Club, in the amount of $2,000 to be used towards the costs of hosting events and/or workshops held in Pickering, including facility rental, guest speaker fees and printing or communication costs related to the materials for Pickering workshop(s), with proof of third-party receipts to reimburse actual costs; j) A grant to the Royal Canadian Legion Branch #606 in the amount of $9,000 to be used to renovate the men’s washroom in the Banquet Hall to make it more accessible; k) A grant to the Royal Canadian Legion Branch #606 – Ladies Auxiliary in the amount of $9,000 to be used to renovate the ladies washroom in the Banquet Hall to make it more accessible; l) A grant to the Pickering Palestinian Association in the amount of $4,500 to be used towards the cost of hosting the following events: City of Pickering Cultural Fusion, Hoops with PPA, and a summer outdoor event partnering with autism groups in Durham Region, including the cost for renting tents, AV equipment, tables and chairs, entertainment and trophies; 13. That FIN 040 Community Grant Policy be amended by adding the following additional provisions and the change to the policy be effective for the 2026 Community Grants program; - 18 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 19 a) That the grant application deadline date for the 2026 Community Grant Program be September 26, 2025, to give community groups sufficient time to complete their applications; b) That, for the 2026 budget and future years, that the provision of meals not be an eligible expense to be funded under the Community Grant Program and City programs; c) That the exclusion of organizations (from the City’s grant program) that receive bingo revenues not apply to those agencies that provide counselling or mental health services. 14. That Council waive the Purchasing Policy retroactively to January 1, 2024 where the estimated vehicle repair cost is below $30,000 (HST excluded) for all fleet vehicles and off road vehicle equipment in 2025, however, a purchase order is still required; 15. That Council authorize the Director, Finance & Treasurer to fund the Bill 23 Development Charge revenue loss for 2024 in the amount of $3,258,746 from the Casino Reserve to the various Obligatory Development Charges Reserve Fund category accounts, as provided for in the 2024 and 2025 Budget: a) The amount of $964,194 due to the Bill 23 fee reduction incurred in 2024; b) The amount of $2,294,552 due to the Bill 23 exemption for Non-Profit Corporations as provided under section 4.2(2) of the Development Charges Act (1997); 16. That Council approve the Building Faster Fund (BFF) Investment Plan for 2025 that is included in the 2025 Capital Budget in the amount of $4,925,000, and that, if the City is not successful in obtaining BFF funding (earned in 2024 and anticipated to be received in 2025), that the funding shortfall be adjusted at the discretion of the Director, Finance & Treasurer; 17. That Council approve the following change to the Financial Control Policy (FIN 030): That construction related Purchases change orders require the following approvals based on dollar limits and that the Chief Administrative Officer is authorized to act on behalf of Council during any recess, break or absence of Council: a) Up to $99,999 – approval by Department (Director/Manager); - 19 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 20 b) $100,000 to $249,999 – approval by the CAO and Director, Finance & Treasurer; c) $250,000 and above – Council approval is required; 18. That Council approve the award of professional services in accordance with the City’s Purchasing Policy Item 10.03 (c) to TYLin International Canada Inc. to undertake the Foundation Drainage Discharge Policy in the amount, not to exceed $150,000 (net HST), as approved in the 2025 Current Budget; 19. That Council approve the change of funding source for capital projects C10575.2503 (Sideline 16 South of Fifth Concession) in the amount of $75,000 and C10575.2504 (Sideline 16 North of Fifth Concession) in the amount of $85,000 from the Development Charges Transportation Reserve Fund to the Roads & Bridges Reserve Fund; 20. That Council approve an amendment to the General Municipal fees and Charges By-law 6191/03 as set out in Attachment 1 to Report FIN 02-25 8156/25 to reflect the following changes: User Fee Change 2025 Approved Fee (excluding HST) 2025 Amended Fee (excluding HST) Other Fees Peer Reviews Increase admin. fee from 10% to 15% Full recovery of City costs + 10% admin. fee Full recovery of City costs + 15% admin. fee Zoning By-laws Council adopted Consolidated Zoning By- law-Text Delete fee $50 N/A Council adopted Consolidated Zoning By-law-Full set of Schedules Delete fee $100 N/A 8149/24 – Set. 4 Volumes New fee N/A $1,330 - 20 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 21 8149/24 – Set. Volume 1 New fee N/A $150 8149/24 – Set. Volume 2 Schedules New fee N/A $100 8149/24 – Set. Volume 3 Exceptions New fee N/A $600 8149/24 – Set. Volume 4, Exceptions New fee N/A $500 21. That the City’s share of the Municipal Accommodation Tax be used to replace Rate Stabilization Reserve funding for tourism-related events for the 2026 Current Budget; 22. That Council approve an increase to the Capital Budget for C10315.2112 (1 Ton Truck with Utility Body Replacement) approved in the 2021 Capital Budget and funded from the Vehicle Replacement Reserve from $130,000 to $200,000; 23. That Council approve the Capital Budget for C10572.2511 (Community Improvement Initiative) in the 2025 Capital Budget, and funded from the Casino Reserve in the amount of $300,000 for the construction of outdoor fitness equipment ($100,000 for each ward); 24. That Council approve the amended funding agreement between the Northeast Pickering Landowners Group Inc. and the City of Pickering for the salary and related costs of a Senior Project Manager (contract) dedicated to managing the preparation of the overall community plan for the Northeast Pickering Area, generally as set out in Attachment 2; 25. That Council endorse the principle that when City policies are at cross purposes as it relates to financial planning and budgets, that the guiding principle shall be that investments in municipal infrastructure that’s provides a safe environment for our residents and staff shall be given priority; 26. That any Naming Rights revenues associated with the Pickering Heritage & Community Centre be applied towards the annual City share of debt charges for this facility; - 21 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 22 27. That Council approve an additional grant in the amount of $500 to St. Paul’s on-the-Hill Community Food Bank to be funded from the return of $500 (unspent dollars) from Pickering-Ajax Caremongers 2023 grant; 28. That Council approve the award of Q2024-55 for the Replacement of HVAC Units AC3, AC2 and C1 at George Ashe Library and Community Centre (GALCC) as submitted by Bird Infrastructure Ltd., for a net HST cost of $497,904 and that the project funding shortfall of $254,548 be funded from the Capital Operational Emergency Needs account (503510.11100); and, 29. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson Resolution #652/25 Moved by Councillor Brenner Seconded by Councillor Cook That leave be granted to suspend the rules of procedure to introduce a motion regarding the Lack of Affordability for Veterinary Care in Ontario. Carried on a Two-Thirds Vote 9.5 Lack of Affordability for Veterinary Care in Ontario A brief discussion ensued between Members of Council regarding the urgency of the motion due to the upcoming Provincial election and the motion asking the Province to amend the Veterinary Professionals Act to address the lack of affordability for pet owners and escalating veterinary costs. Resolution #653/25 Moved by Councillor Brenner - 22 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 23 Seconded by Councillor Cook WHEREAS the veterinary costs of owning a pet has risen substantively over the past several years; And Whereas, these costs have contributed to the abandonment of pets in Pickering and across Ontario; And Whereas, pet owners are finding it difficult to afford the necessary care that their pets require due to illness and or accidents; And Whereas, there are no regulations that limits these escalating fees; And Whereas the Province of Ontario Veterinary Professionals Act, 2024, S.O. 2024, c. 15, Sched. 1 established criteria for the College of Veterinarians who operates arms length for the Province; Now therefore be it resolved: 1. That the Council for the Corporation City of Pickering is requesting that the Province of Ontario amend the Veterinary Professionals Act, 2024, S.O. 2024, c. 15, Sched. 1 to include a requirement for addressing the lack of affordability for Ontarian's who own pets and are unable to afford escalating Veterinarian costs; and, 2. And a copy of this Motion be sent to Modernization of the Regulation of the Veterinary Profession food safety and Environmental Policy Branch of the Ontario Ministry of Agriculture, Food and Rural Affairs, the Minister of Ontario Ministry of Agriculture, Food and Rural Affairs, the Minister of Ontario the Honourable Rob Flack, the Premier of Ontario the Honourable Doug Ford and the leaders of all Provincial Parties. Carried Unanimously on a Recorded Vote 10. Motions and Notice of Motions 10.1 Ward Boundaries Discussion and a question and answer period ensued between Members of Council and staff regarding: • the intention of keeping the motion non-prescriptive to provide flexibility to the consultants to undertake a process that was not dictated by Council; • expectation that the consultants would conduct public consultation; - 23 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 24 • the initial Ward Boundary Review having been done in 2020 and the results potentially being in place until 2030, and the need to re-examine the findings of the initial Report; • concerns regarding the new ward boundaries dividing the Cherrywood community into two different wards; • density being largely focused within Ward 2 and re-examining population projections that were used in the prior Review to ensure effective representation and representation by population; • the importance of recognizing components of neighbourhoods and hamlets; • why the same consultants from the 2020 Review were being proposed for the new updated review; and, • concerns regarding the motion and the funds that were being spent on the new review. Resolution #654/25 Moved by Councillor Pickles Seconded by Councillor Cook WHEREAS, in 2017, the City of Pickering obtained the services of Watson & Associates Economists Ltd. To undertake a review of the City’s ward boundaries; And Whereas, on August 30, 2021, Council adopted new ward boundaries which are set out in By-law 7875/21; And Whereas, By-law 7875/21 was appealed to the Ontario Land Tribunal (OLT) and although the appeal was withdrawn, the deadline for the new ward boundaries to take effect for the 2022 Municipal Election was not met in accordance with the requirements under the Municipal Act; And Whereas, the new ward boundaries set out in By-law 7875/21 will take effect for the 2026 Municipal Election unless otherwise amended by the prescribed timelines set out in the Municipal Act; And Whereas, several years have passed and intervening events, population growth patterns, and the population projections used in the Consultant’s report to determine the proposed boundaries, should be reviewed to ascertain whether these boundaries are still relevant and equitable from an effective representation perspective; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: - 24 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 25 1. That the City Clerk be directed to engage the services of Watson & Associates Economists Ltd., to reconsider the findings in its Final Report titled “2020/2021 Ward Boundary Review, City of Pickering” dated June, 2021, based on available and updated population data, and to make recommendations on any appropriate adjustments to the ward boundaries set out in By-law 7875/21, and that such adjustments be consistent with applicable law and best practices; 2. That the Ward Boundary Review carried out by Watson & Associates include engaging in public consultation with suitable time allotted to effectively engage the public through public information session, social media, website notice of boundary review, etc.; 3. That the costs associated with the review by Watson & Associates Economists Ltd. shall not exceed $35,000.00 plus applicable taxes, funded from Contingency Account 503500.11100; and, 4. That the City Clerk report back to Council with the Consultant’s report and recommendations, no later than the end of Q2 2025, in order to consider any amendments to By-law 7875/21 in time for the adjusted ward boundaries to take effect for the 2026 Municipal Election. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 10.2 Program of All-inclusive Care for the Elderly (PACE) A brief discussion ensued between Members of Council regarding: • Ontario being ahead of the rest of the provinces in providing care programs for the aging population; • the program being an effective way to add to the quality of life for the aging population in Pickering; • residents having approached Members of Council regarding the need for such a program prior to Members of Council consulting Community Care Durham (CCD); and, - 25 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 26 • clarification that the motion was seeking funding from the Province and the City being able to provide support by sharing information on demographics. Resolution #655/25 Moved by Councillor Cook Seconded by Councillor Pickles WHEREAS, the City of Pickering and Durham Region are facing a rapidly aging population with complex health and wellness needs; And Whereas, caregivers, faced with the inordinate challenge of securing, coordinating and overseeing the care of their loved ones from a multitude of providers, are experiencing burnout and increasing sense of hopelessness; And Whereas, the vast majority of Ontarians want to age in place in their own home and community, but are challenged finding the supports to do so; And Whereas, while Durham residents wish to age in place, a lack of resources is pressing residents to institutional care, such as hospitals and long-term care. In the next 10 years, the demand for long-term care in Durham Region is projected to increase by 38%. In Durham Region, the median number of days people are waiting to move into a long-term care home was 260 days – 30% higher than the provincial median; And Whereas, Community Care Durham has been a long-standing and trusted non-profit health and social services provider in Pickering offering a vast array of services such as Assisted Living, Transportation, Day Programs, Meal and Food Security, Mental Wellness supports, and others; And Whereas, Community Care Durham is seeking Provincial and Regional support to implement a new program – OneConnect – that is modeled after the United States of America’s Program of All-Inclusive Care for the Elderly (PACE). This program coordinates comprehensive health and wellness services around high-risk clients (e.g., those awaiting placement in long-term care) living in the community in order to help them and their caregivers live optimally at home, in the community; And Whereas, other Ontario municipalities are looking to support the adoption of PACE like models, including municipalities in Durham Region (Ajax, Scugog, Whitby); - 26 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 27 And Whereas, implementation of Community Care Durham’s OneConnect program in Pickering would benefit residents, while alleviating demands on local hospitals and related healthcare institutions; And Whereas, Community Care Durham is publicly funded by the Ministry of Health and Long-Term Care through the Central East Local Health Integration Network, requires new funding to implement OneConnect; 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 Pickering Council supports Community Care Durham’s vision for implementing OneConnect in Pickering, and the Region of Durham; 2. That Pickering Council encourages the Government of Ontario to provide the necessary funding to Community Care Durham to implement, evaluate and scale OneConnect to meet the growing needs of the Region of Durham; 3. That staff from the City of Pickering assist the Region of Durham and Community Care Durham to support the expansion of Day Program services, and identification of Pickering neighbourhoods where there are a high proportion of at risk adults that could benefit from this comprehensive model; and, 4. That a copy of this motion be sent to the Honourable Sylvia Jones, Minister of Health, the Honourable Peter Bethlenfalvy, Minister of Finance and MPP for Pickering-Uxbridge, the Honourable Natalia Kusendova-Bashta, Minister of Long-Term Care, John Henry, Regional Chair & CEO of the Regional Municipality of Durham, Durham Regional Health and Social Services Committee, Durham Regional Local Housing Corporation, all Durham Region lower tier municipalities, Cynthia Davis, President and CEO of Lakeridge Health, Lisa Kitchen, Director of the Durham Ontario Health Team, and Matt Anderson, President & CEO of Ontario Health. Carried Unanimously on a Recoded Vote 11. By-laws 11.1 By-law 8151/25 Being a by-law to establish a Municipal Accommodation Tax. - 27 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 28 11.2 By-law 8152/25 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. 11.3 By-law 8153/25 Being a by-law to limit the gross vehicle weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended. 11.4 By-law 8154/25 A By-law to regulate signs in the City of Pickering. 11.5 By-law 8155/25 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2025. 11.6 By-law 8156/25 Being a by-law to expropriate all estate, right, title and interest in PCL BF 3-20-17, SEC Pickering, PT LT 20, Range 3, Broken Front Concession in the Town of Pickering, in the Regional Municipality of Durham, PT 2, 40R8748; Together with an Easement over Part Lot 20 Range 3 Broken Front Concession Part 3 Plan 40R8748 as in LT338352; City of Pickering. 11.7 By-law 8157/25 Being a by-law to amend By-law 6191/03 to confirm General Municipal Fees. 11.8 By-law 8158/25 Being a by-law to amend By-law 6191/03 to confirm General Municipal Fees. Resolution #656/25 Moved by Councillor Butt Seconded by Councillor Nagy - 28 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 29 That By-law Numbers 8151/25 through 8158/25 be approved, save and except 8151/25. Carried 12. Confidential Council – Public Report Mayor Ashe stated that prior to the Regular Council Meeting, an In-camera session was held at 5:00 pm in accordance with the provisions of the Municipal Act and Procedure By-law to consider matters pertaining to 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, a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, a trade secret or scientific, technical, commercial or financial information that belongs to the municipality and has monetary value or potential monetary value 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. These matters were discussed in closed session as they pertain to the potential divestiture of the City of Pickering’s interest in Elexicon Corporation & Elexicon Corporation Strategic Initiatives, an economic development opportunity in Pickering City Centre, and the expropriation of lands required for the construction of a new Fire Station at 1521 Bayly Street. Carried 12.1 Confidential Memorandum and Presentation from Director, Economic Development & Strategic Projects, Director, Finance & Treasurer, and Deloitte Re: Economic Development Opportunity in Pickering City Centre Resolution #657/25 Moved by Councillor Cook Seconded by Councillor Robinson That the confidential direction provided to staff at the in-camera session be approved. Carried 13. Regional Councillor Updates - 29 - Council Meeting Minutes January 27, 2025 Electronic Meeting 7:00 pm 30 There were no updates from Regional Councillors. 14. Other Business 14.1 Councillor Cook gave Notice of Motion regarding extending the winter snow maintenance clearing program to Alex Robertson Park for the 2025-2026 season. 15. Confirmatory By-law By-law 8159/25 Councillor Butt, seconded by Councillor Cook moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of January 27, 2025. Carried 16. Adjournment Moved by Councillor Butt Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 9:11 p.m. Dated this 27th day of January, 2025. Kevin Ashe, Mayor Susan Cassel, City Clerk - 30 - Executive Committee Meeting Minutes February 3, 2025 Electronic Meeting – 2:00 pm Chair: Councillor Butt 1 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 L. Gibbs -Director, Community Services R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner D.Quaife -Division Head, Information Technology A. Jagdeo -Senior Project Manager, Digital Services R. Perera -Deputy Clerk 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participatingelectronically. 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations There were no delegations. - 31 - Executive Committee Meeting Minutes February 3, 2025 Electronic Meeting – 2:00 pm Chair: Councillor Butt 2 4.Matters for Consideration 4.1 Director, Corporate Services & City Solicitor, Report IT 01-25Approval of Microsoft Dynamics 365 Platform Proceed with a Request for Proposal (RFP) to Select an Implementation Partner Discussion and a question and answer period ensued between Members of the Committee and staff regarding: •whether the City would be restricting the RFP process to Canadian vendors in light of the potential tariffs that could be imposed by the United States; •whether the City had acquired any new software since February 2024 toaddress security surrounding the privacy of information of residents online; •whether there was a detailed inventory of the City’s current software assets which had been identified as a high risk in the MNP Digital ReadinessAssessment and Strategy conducted in 2024; •whether Microsoft Dynamics 365 platform was a new software that the City was acquiring; •other comparator municipalities that have acquired the platform andwhether any had implemented the platform without a consultant; •whether staff were comfortable with the level of security provided to both staff and resident data; •confirmation that all staff and Members of Council were required toundertake cyber security awareness training; and, •clarification that the City needed such software to enhance effectivecustomer relations with its residents. Recommendation: Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Council endorses the selection of the Microsoft Dynamics 365 platform as the City’s primary Customer Relationship Management (CRM) solution to enhance operational efficiency, customer service delivery andresident engagement capabilities; and, 2.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendation in this report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner No: Councillor Robinson - 32 - Executive Committee Meeting Minutes February 3, 2025 Electronic Meeting – 2:00 pm Chair: Councillor Butt 3 Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe 4.2 Director, Corporate Services & City Solicitor, Report LEG 02-25 Final Assumption of Plan of Subdivision -Kindwin (Brock) Development Corporation – Plan of Subdivision 40M-2571-Lots 1 to 60 and Blocks 61 to 73 and 77, Plan 40M-2571 Recommendation: Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Usman Road, Saffron Drive, Sunflower Road, Jade Street, AzureMews and Magenta Road within Plan 40M-2571 be assumed for publicuse; 2.That works and services required by the Subdivision Agreement, datedMarch 15, 2016, within Plan 40M-2571, which are constructed, installed orlocated on lands dedicated to, or owned by the City, or on lands lyingimmediately adjacent thereto, including lands that are subject to easementstransferred to the City, be accepted and assumed for maintenance; 3.That Kindwin (Brock) Development Corporation be released from theprovisions of the Subdivision Agreement and any amendments theretorelating to Plan 40M-2571; and, 4.That the appropriate City of Pickering officials be authorized to take theactions necessary to implement the recommendations in this report. Carried 4.3 Director, Corporate Services & City Solicitor, Report LEG 03-25 Final Assumption of Plan of Subdivision -Averton (Brock) Limited – Plan of Subdivision 40M-2568-Block 5 and Rex Heath Drive, Plan 40M-2568 Recommendation: Moved by Councillor Brenner - 33 - Executive Committee Meeting Minutes February 3, 2025 Electronic Meeting – 2:00 pm Chair: Councillor Butt 4 Seconded by Councillor Pickles 1.That Rex Heath Drive within Plan 40M-2568 be assumed for public use; 2.That works and services required by the Subdivision Agreement, dated March 1, 2016, within Plan 40M-2568, which are constructed, installed orlocated on lands dedicated to, or owned by the City, or on lands lyingimmediately adjacent thereto, including lands that are subject to easementstransferred to the City, be accepted and assumed for maintenance; 3. That Averton (Brock) Limited be released from the provisions of theSubdivision Agreement and any amendments thereto relating to Plan 40M-2568; and, 4.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 5.Member Updates on Committees There were no updates from Members on Committees. 6.Other Business 6.1 Councillor Brenner gave Notice of Motion regarding the symbol of swastika as a symbol of hate. 6.2 Councillor Brenner inquired about potentially requiring the City to limit RFPs to Canadian companies and whether this would require an amendment to the City’s Purchasing Policy with S. Karwowski, Director, Finance & Treasurer, advising that staff would review fair trade agreements and update Council as new information came to light. 6.3 Councillor Brenner advised that the Province would no longer be working with Starlink, an internet provider for rural communities, and inquired whether this would have any effect in Pickering, with D. Quaife, Division Head, Information Technology, advising that although Starlink was not used by the City, residents could individually use the software. 6.4 Councillor Brenner inquired whether there would be a financial strategy in place to provide an extension to those residents who may not be able to pay their property taxes in light of the current financial situation in Canada due to the possible tariffs - 34 - Executive Committee Meeting Minutes February 3, 2025 Electronic Meeting – 2:00 pm Chair: Councillor Butt 5 imposed by the United States. S. Karwowski, Director Finance & Treasurer, stated that the City would look into implementing similar strategies that were in place during the COVID-19 pandemic and that Members of Council would be updated as things progressed. 6.5 Councillor Cook enquired about the possibility of a shop local strategy with F. Jadoon, Director, Economic Development & Strategic Projects, advising that staff would provide an update on such a strategy at the February 24, 2025 Council meeting under Other Business and that staff would be reaching out to local businesses through the Board of Trade. 7.Adjournment Moved by Councillor CookSeconded by Councillor Nagy That the meeting be adjourned. Carried The meeting adjourned at 2:51 p.m. - 35 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 1 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 S. Cassel - City Clerk C. Rose - Chief Planner N. Surti - Division Head, Development Review & Urban Design R. Perera - Deputy Clerk A. Dunne - Principal Planner, Development Review I. Lima - Principal Planner, Development Review L. Crawford - Planner II A. MacGillivray - Council & Committee Coordinator 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating electronically. 2. Disclosure of Interest No disclosures of interest were noted. 3. Statutory Public Meetings Councillor Cook, Chair, gave an overview of the requirements for a Statutory Public Meeting under the Planning Act. Councillor Cook outlined the order of matters under the Statutory Public Meeting section, as well as the notification process procedures and noted that if a specified person or public body as defined by the Planning Act, or the - 36 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 2 owner of land to which the Proposed Official Plan Amendment or Zoning By-law Amendment would apply, does not make oral or written submissions to the City before the By-law is passed, that person, public body, or owner of land would not be entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT). Information Reports 3.1 Information Report 01-25 Zoning By-law Amendment Application A 04/24 Seaton Commercial Developments Inc. Southwest Corner of Taunton Road and Peter Mathews Drive Seaton Community A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. L. Crawford, Planner II, appeared before the Committee via electronic connection to speak to Zoning By-law Amendment Application A 04/24. Through the aid of a PowerPoint presentation, L. Crawford advised that the purpose of the application was to develop a commercial plaza and provided information on the subject lands, conceptual plan, policy framework, requested zoning amendments, public and staff comments, and next steps in the process. S. Volpentesta, Senior Development Manager, M. West, Vice President, D. Pacchiarotti, Vice President, A. Muscat, Development Manager, and C. Ratelle, Korsiak Urban Planning, Fieldgate Commercial Properties Ltd., appeared before the Committee via electronic connection and advised that they would like to have the application move forward as soon as possible and that they were in discussion with the Regional Municipality of Durham for a signalized access point onto the subject site. They further advised that they were looking into the steep grading on the site, and were available for questions from the Committee. A question and answer period ensued between Members of Committee and M. West regarding: • the access points onto the site and whether there would be a left turn or a right turn when exiting the site; • extending Hibiscus Drive to Taunton Road and having traffic signalization there to assist the movement of pedestrian and vendor truck traffic; • concerns regarding vendor trucks coming into the plaza driving through the residential roads in the surrounding neighbourhoods; • the proposed amenities that would be included in the plaza and the need for a grocery store; • residents expressing a need for a gas station in the area; - 37 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 3 • the availability of public transit to the proposed plaza; • the number of bicycle parking spaces within the proposed site; and, • clarification regarding the concerns pertaining to storefront windows in the proposed plaza. 4. Delegations 4.1 Kristy Kilbourne, Principal, Kristy Kilbourne Consulting Steve Apostolopoulos, Owner, Pickering Developments (Bayly) Inc. Re: Report PLN 04-25 Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Durham Live Lands (Part of Lots 15 and 16, Concession 1) K. Kilbourne, Principal, Kristy Kilbourne Consulting, appeared before the Committee via electronic connection to speak to Zoning By-law Amendment A 03/20 (R1). K. Kilbourne advised that the application seeks to rezone a portion of the Durham Live lands from urban reserve to major tourist destination adding that the lands were removed from a Ministers Zoning Order (MZO) in the spring of 2020. K. Kilbourne stated that they met with the Pickering Pentecostal Church to discuss concerns that were raised by them and worked with staff to remove a number of land uses from the subject property. K. Kilbourne noted that they would continue to have discussions with the Pickering Pentecostal Church on the application and any subsequent applications on the Durham Live lands. K. Kilbourne stated that while the listed permitted uses for the lands were broad, the site was planned to be developed in the near future for a recreational golf facility and food, beverage and entertainment facility. K. Kilbourne advised that any additional comments received through agency circulation would be addressed through a future site plan approval process and that they were supportive of the revised Zoning By-law Amendment and the staff recommendation. A question and answer period ensued between Members of the Committee and K. Kilbourne regarding: • the timelines for the proposed development; • clarification that the focus of the proposed development was on tourism initiatives; • other types of tourism venues that could be added to the proposed development; and, • confirmation that there were ongoing discussions with the Pickering Pentecostal Church. 5. Planning & Development Reports - 38 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 4 5.1 Director, City Development & CBO, Report PLN 03-25 Streamlining the Development Application Review Process (DARP) R. Baksh, Project Director, M. McCarthy, Project Manager and DARP Transformations Lead, J. Lima, DARP Analytical Specialist, Dillon Consulting Limited, appeared before the Committee to speak to streamlining the Development Application Review Process (DARP). Through the aid of a PowerPoint presentation, R. Baksh and J. Lima provided an overview of the project and benefits of an efficient DARP model. R. Baksh listed several conditions of the City’s current review process which included lack of appropriate staffing levels to efficiently process current and forecasted application volumes, fragmented and inconsistent document management solutions, and lack of corporate-wide technology tools to support DARP. R. Baksh further advised on their findings from engagement sessions regarding role clarity, technology, staffing, workload, and processing capacity and provided information on strengths/weaknesses and opportunities/threats of the current review process. R. Baksh noted several recommendations for DARP improvement and next steps in their implementation plan. A question and answer period ensued between Members of the Committee and R. Baksh regarding: • the basis for the challenge of retaining staff and barriers for attracting new staff; • how the City could achieve the recommendations if the City was low on staff complement; • timelines for implementing the recommendations; • the timelines for processing a development application through the new system and the tasks that would still remain with staff; • the stakeholders that were consulted on the new process; • whether there were any direct benefits to the residents; • concerns that streamlining the process could prioritize the needs of developers over the residents; • whether they were in alignment with the ten principles of the United Nations Global Compact; • clarification that streamlining the process would not remove any legislated steps from the process and that it would provide for a more streamlined efficient processing of development applications; and, • whether there was room for improvement within the current process undertaken by Pickering. - 39 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 5 A brief question and answer period ensued between Members of Committee and staff regarding the software requirements that would be needed to implement DARP with K. Bentley, Director, City Development & CBO, advising that City Development staff were working with IT staff on the initiative and costs would be funded through the 2025 Building Reserve Fund. Recommendation: Moved by Councillor Nagy Seconded by Councillor Butt 1. That Report PLN 03-25, regarding the City of Pickering Streamlining the Development Applications Review Process, be received; 2. That the City of Pickering Streamlining the Development Applications Review Process Final Report prepared by Dillon Consulting dated December 20, 2024, and provided as Attachment 2, be endorsed; 3. That the Implementation Work Plan prepared by staff, and provided as Appendix I, be endorsed and considered through future budget processes; and, 4. 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: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 5.2 Director, City Development & CBO, Report PLN 04-25 Zoning By-law Amendment A 03/20 (R1) Pickering Developments (Bayly) Inc. Durham Live Lands (Part of Lots 15 and 16, Concession 1) Recommendation: Moved by Councillor Pickles - 40 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 6 Seconded by Councillor Butt That Zoning By-law Amendment Application A 03/20 (R1), submitted by Pickering Developments (Bayly) Inc., to permit a range of tourism, commercial, and employment uses on a portion of the Durham Live lands, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 04-25, be finalized and forwarded to Council for enactment. Carried 6. Member Updates on Committees There were no updates from Members on Committees. 7. Other Business 7.1 Councillor Robinson gave Notice of a Motion regarding opposition to the amendments to Bill 23, More Homes Built Faster Act, 2022 and referred to the prior Notice of Motion given at the November 25, 2024 Council meeting. 7.2 Councillor Robinson gave Notice of a Motion regarding ending Diversity, Equity, and Inclusion (DEI). 7.3 Councillor Robinson gave Notice of a Motion regarding playing of the National Anthem before all Council meetings. 7.4 Councillor Robinson gave Notice of a Motion regarding the prohibition of gifts and benefits for Members of Council, City staff, and their families. 7.5 Councillor Robinson gave Notice of a Motion regarding expanding the 50% membership subsidy program, that was not tied to income, from age 65 to 55. 7.6 Councillor Robinson gave Notice of a Motion regarding the City’s Flag Raising Procedure. 7.7 Councillor Robinson gave Notice of a Motion regarding the change rooms at the Chestnut Hill Developments Recreation Complex. 7.8 Councillor Robinson gave Notice of a Motion regarding age restrictions for certain events. 8. Adjournment - 41 - Planning & Development Committee Meeting Minutes February 3, 2025 Electronic Meeting – 7:00 pm Chair: Councillor Cook 7 Moved by Councillor Nagy Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 9:06 p.m. - 42 - 374028 6TH LINE AMARANTH ON L9W 0M6 January 31, 2025 Susan Cassel, City Clerk City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Sent by email to: clerks@pickering.ca Re: Letter of Support regarding moving Council meetings online At its regular meeting of Council held on January 15, 2025, the Township of Amaranth Council wished to send a letter of support to the City of Pickering regarding the decision of the Mayor to move all Council meetings virtually due to safety concerns. The Township of Amaranth Council wishes to commend the City of Pickering Mayor for taking action to ensure the safety of staff and council, as well as members of the public, while at the same time ensuring the business of the municipality is able to continue. Please do not hesitate to contact the office if you require any further information on this matter. Yours truly, Nicole Martin, Dipl. M.A. CAO/Clerk Corr. 01-25 - 43 - Report to Council Report Number: ECD 02-25 Date: February 24, 2025 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation -Implementation and Establishing Municipal Accommodation Tax and Destination Pickering-File: A-1440-001 Recommendation: 1.That the City of Pickering implement a Municipal Accommodation Tax (MAT) by-law in the form included in this Report as Attachment 1, establishing a MAT rate of 4%, effective May 1st 2025; 2.That staff be directed to formalize an agreement, and the Director, Finance & Treasurer ordesignate be authorized to execute an agreement between the City of Pickering and theOntario Restaurant Hotel & Motel Association (ORHMA) to collect the MAT (revenue) from City of Pickering accommodation providers in a form satisfactory to the Director, CorporateServices & City Solicitor and Director, Economic Development & Strategic Projects; 3. That staff be authorized to act on the request for consent from the Regional Municipality ofDurham to incorporate a Tourism Municipal Services Corporation (MSC), named Destination Pickering, if available and that the Director, Finance & Treasurer be authorized to executeany supporting documents confirming consent; 4.That the following persons be appointed to the interim Board of Directors of DestinationPickering: two Members of Council, appointed by the Mayor; and three City staff members as follows: Director, Economic Development and Strategic Projects, Director Finance &Treasurer, and Director, Community Services; 5.That staff bring forward in the third quarter of 2025, three tourism industry stakeholders froma range of sectors, including, but not limited to: accommodations, meetings and conferences, attractions and retail, festivals and events, sports tourism, food and beverage to beappointed to the Destination Pickering Board of Directors, in addition to one Member ofCouncil, as appointed by the Mayor, and three City staff members; 6.That the Director, Economic Development & Strategic Projects, Director, Community Services, and Director, Finance & Treasurer be authorized to negotiate a service level agreement with the MSC on behalf of the City, in a form satisfactory to the Director,Corporate Services & City Solicitor; and that the Mayor and City Clerk be authorized toexecute same; - 44 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 2 CORP0227-07/01 revised 7. That staff report back to Council in the third quarter of 2025 on the progress of the MAT, including a review of its budget and any additional strategies; and 8. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: The purpose of this report is to seek Council's approval to implement a Municipal Accommodation Tax (MAT) for the City of Pickering at a rate of 4%, and to incorporate a Municipal Services Corporation, named Destination Pickering Inc. MAT is a local tax applied to the purchase of transient accommodations such as hotels and motels. Its primary purpose is to generate revenue to support local tourism initiatives. There are a number of municipalities across Ontario who have imposed the MAT, with the most common rate set at 4%. As per the Municipal Act, 2001, S.O.2001, c.25, as amended (the Municipal Act), municipalities must assign a portion of the MAT revenue (50% of the MAT revenues after deduction of the municipality's reasonable costs) to an "eligible tourism entity". Currently, the City of Pickering does not have an eligible tourism entity and staff are recommending the creation of a MSC to meet this requirement. The remaining 50% of MAT revenues (net of reasonable costs) would stay with the municipality. The City will benefit from the additional revenue, as the City plans to use 50% of the MAT funds to expand its tourism offerings, including art, music, sports, and cultural experiences. This funding will be introduced as part of the City's annual budget process starting with the 2026 Budget to support the development of programs, and for infrastructure related investments. At the Council Meeting of May 27, 2024, Council endorsed the Community Visitor Plan through Resolution #491/24. The Community Visitor plan is the first tourism plan for the City of Pickering and serves as a guide to City staff, local businesses, tourism attractions, and regional partners in welcoming visitors to Pickering. The Community Visitor Plan is a four year plan that includes 5 core objectives: Enhance, Welcome, Develop, Distinguish, and Support, and includes 45 action items. The Community Visitor Plan was developed by a Tourism Steering Committee, led by Central Counties Tourism. The Committee included representatives from local businesses, attractions, residents, and City staff, and addresses the challenges and opportunities for visitor readiness across five key categories: attractions, businesses, infrastructure, customer service, and marketing/promotion. Several action items included in the Community Visitor Plan require funding, and consideration will be given to allocate some of the MAT funding to support implementation of this plan. In addition, Action Item 5.1.4 of the Community Visitor Plan is to explore the feasibility of a MAT, so the recommendations in this report are consistent with the implementation of the Plan. Short term rentals such as VRBO and Airbnb will be subject to the MAT as and when a Short-Term Rental by-law is adopted by the City. Cities of comparable size have reported MAT to - 45 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 3 CORP0227-07/01 revised generate approximately $400,000.00 to $700,000.00 annually. The City of Toronto generates approximately $24 million annually through their MAT. The City of Pickering is recommending designating ORHMA as its agent, to collect the MAT from accommodation providers and remit to the City, starting May 1st, 2025 (see ORHMA Draft Agreement, Appendix 1). Once approved, a MAT webpage will be created with information and frequently asked questions for both accommodation providers and visitors. The MAT Report and by-law have been developed in partnership with staff from Economic Development & Strategic Projects, Finance, Corporate Services and Community Services Departments. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority to Champion Economic Leadership & Innovation. Financial Implications: Aside from property taxes and user fees, the City has limited revenue tools. Implementation of MAT allows for tourism initiatives and infrastructure to be implemented without an increase to property taxes. The City of Pickering is home to 1 hotel and 1 motel with approximately 421 rooms. To forecast the MAT revenues for the City, a calculation was done based on the existing number of rooms in hotels and an average price of $113.75 per night. As part of the forecast, an annual average hotel occupancy range of 50% and 73% was utilized. The table below provides a breakdown of the potential MAT revenues at the 4% rate based on two occupancy levels. Data provided by Central Counties Tourism shows the 2023 annual hotel occupancy rate of Durham Region was 73.7%. Estimated Gross MAT Revenues (12 Months) Occupancy 50% 73% 421 Rooms $349,588.00 $510,398.00 Based on these estimates, Pickering's annual gross MAT revenues could range between $349,588.00 and $510,398.00 based on 50% and 73% occupancy, respectively, with half of the net MAT revenue (adjusted for reasonable costs) to be allocated to an eligible tourism entity whose mandate includes the promotion of tourism in Pickering and the balance retained by the municipality to help fund tourism or tourism related infrastructure investments. - 46 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 4 CORP0227-07/01 revised As outlined in the table below, after deducting reasonable costs (currently only collection fees of 1.8%), it is expected that approximately $171,648.00 to $250,606.00 will be transferred to the MSC and the same amount is projected to be retained by the City to fund the implementation of the Community Visitor Plan. 50% Occupancy 73% Occupancy Projected Mat Revenues $349,588.00 $510,398.00 Collection Cost (1.8%) ($6,293.00) ($9,187.00) Net MAT (annual) $343.295.00 $501,211.00 50% Allocation to MSC $171,648.00 $250,606.00 50% Retained by City $171,648.00 $250,606.00 Based on these projected revenues, the MSC will prepare an annual budget that is separate from the City of Pickering's budget. The above financial projection excludes external audit fees. The City has established a MAT Reserve and 50% of the new MAT revenues will be transferred to the reserve and retained by the City. Discussion: The purpose of this report is to seek Council's approval to implement a MAT for the City of Pickering at a rate of 4%, and to incorporate a MSC, named Destination Pickering Inc. On November 23, 2017, the Province of Ontario introduced the Transient Accommodation Regulation 435/17, which came into effect December 1, 2017. This allowed for municipalities across Ontario to implement a MAT through a by-law in respect of the purchase of transient accommodation in the municipality under section 400.1 of the Municipal Act. The Province of Ontario developed the MAT as a funding source to support tourism and foster economic, social, and cultural development. The goal of the MAT is to generate revenue that enhances local tourism infrastructure and promotion, while encouraging longer overnight stays to boost economic activity. As a new funding option, the MAT will allow for the implementation of the Community Visitor Plan that was approved by Council in May 2024, with initiatives that support tourism, increase visitor spending, and strengthen the local economy without impacting the property tax-funded budget. The legislation states under Ontario Regulation 435/17 that once reasonable costs of collecting - 47 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 5 CORP0227-07/01 revised and administering the tax are paid for, 50% of the remaining MAT shall be paid to an eligible tourism entity and a balance may be retained by the municipality. The City of Pickering does not have an eligible tourism entity and staff are recommending the creation of a MSC to fulfill this requirement. Many other municipalities have found themselves without an eligible tourism entity and have created an MSC to serve this purpose. The benefits of the City establishing the MSC include: • satisfying the Province’s requirement for an eligible tourism entity that utilizes a minimum of 50% of the MAT revenues • adopting a MSC model which provides accountability, corporate responsibility, and controls through the management role of the voting members • the City can have oversight over the tourism entity, as Council will approve the Board of Directors and endorse the annual budget; the Board will include a Member of Council, (appointed by the Mayor), City staff representatives and industry stakeholders, who will establish the governance framework for business plans, expenditures, and corporate policies • the ability to access additional resources like tourism specific grants The benefits of establishing an MSC extend beyond that of tourism development. MSC's are often more flexible when compared to traditional government structures. They can form partnerships with private businesses, other municipalities, and tourism boards allowing for innovative collaborations which in turn improve tourism services. The City proposes the creation of an MSC named "Destination Pickering Inc." (Corporation) if such name is available at the time of incorporation to serve as the eligible tourism entity in Pickering. Under Section 11 of the Municipal Act, Durham Region has exclusive authority over the collection and dissemination of information related to the promotion of all Durham Region local municipalities. For the City to create the Corporation, the consent of Durham Region is required. Once consent from Durham Region is received the Director, Finance & Treasurer will complete and execute supporting documents confirming this consent. A. Public Consultation Public Consultation was conducted through an online survey which was open to the public from October 26th, 2024, to November 28th, 2024. The survey asked respondents the following question: "Please share your thoughts and comments on the City's proposal to create a Municipal Services Corporation named 'Destination Pickering,' which would serve as the Eligible Tourism Entity in Pickering.” A total of 22 responses were received with some in favor of the MSC and some opposing its creation. Respondents who opposed its creation suggested that the City should focus on other - 48 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 6 CORP0227-07/01 revised matters, such as improving road infrastructure, public transportation, and increasing the number of schools within the City. One respondent noted, "You have 1 hotel in the whole city. Do we really want to have a tax to discourage other hotels from establishing themselves here?" Those in favor of the MSC stated that the creation of Destination Pickering would be transformative for the City and help it identify itself as more than just a suburb. Another respondent noted, "This should help residents participate in more in city-run events and festivals and draw people from surrounding municipalities and communities to Pickering for entertainment and fun." Overall, it was found that there is an interest in creating an MSC, but there is also a need for clarity on who is subject to the MAT. At the January 27, 2025 Council Meeting, Report ECD 01-25 was referred back to staff to allow further discussion with affected hotel operators with direction for staff to report back to Council on the discussions at the February 24, 2025 Council Meeting. Staff followed up with representatives of Durham Live and Great Canadian Entertainment (hotel operator at the Durham Live site), who reiterated their position of not supporting the implementation of the MAT in Pickering. Their concerns were notably around the potential negative impact on hotel bookings due to the introduction of the MAT, and if complimentary rooms are subject to the MAT. Staff advised the hotel group that complimentary rooms provided by the hotel, as well as any room bookings made prior to the MAT implementation date, are not subject to the MAT. Additionally, staff advised that the introduction of the MAT in Pickering would be consistent with the MAT already imposed on hotel operators in neighboring municipalities (competitors). More specifically, Ajax and Oshawa currently collect MAT at a rate of 5%, Whitby collects at a rate of 4% and Toronto collects at a rate of 6% MAT. Many municipalities across Ontario implement a MAT as authorized under the provincial 2017 Municipal Accommodations Tax legislation as an effort to boost funding to attract visitors and support a stronger tourism industry in their municipality. The following list of participating municipalities, based on 2021 Statistics Canada census data, represents approximately 40% of Ontario’s population, making up a significant portion of the province. This list includes, but is not limited to, the municipalities that have implemented MAT: Municipality MAT Rate Ajax 5% Barrie 6% Belleville 4% Brampton 4% Brantford 4% - 49 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 7 CORP0227-07/01 revised Collingwood 4% (Effective March 1, 2025) Gravenhurst 4% Guelph 4% Hamilton 4% Huntsville 4% Kingston 5% London 4% Markham 4% Mississauga 6% Niagara Falls $2 per night of occupancy North Bay 4% Oakville 4% Orillia 4% Oshawa 5% Ottawa 5% Owen Sound 4% Stratford 4% Sudbury 6% Thunder Bay 5% Timmins 4% Toronto 6% Vaughan 4% Whitby 4% - 50 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 8 CORP0227-07/01 revised Windsor 4% Subject to Council's approval, the City of Pickering will collect MAT at a rate of 4% with revenues being allocated to attract visitors to Pickering and increase overnight stays in Pickering hotels, while investing in municipal tourism infrastructure. The hotel operator expressed interest in becoming a board member of Destination Pickering. As a result of those discussions, the only change made in Report ECD 02-25 is the new implementation date as requested by Great Canadian Entertainment and Durham Live representatives. Ontario Regulation 599/06 requires municipalities to conduct public consultation and create a business case study (see MSC Business Case, Appendix 1). Both items have been completed as required and staff are prepared to move forward with the development of the MSC as outlined in this report. B. MSC Structure and Incorporation To establish the Corporation, the City must file articles of incorporation. These will be drafted and filed by the City's Corporate Services Department. Staff propose the following positions to be incorporators who will act as interim Directors of the MSC: a. two members of Council, as appointed by the Mayor b. Director, Economic Development & Strategic Projects c. Director, Finance & Treasurer d. Director, Community Services Interim Directors will have oversight and critical decision-making roles concerning the operation and setup of the Corporation. Staff will bring a report back to Council in the third quarter of 2025 with final recommendations relating to establishing the new Board of Directors, its composition, by-laws, budget, and other corporate matters. However, the City's Director of Finance & Treasurer will also be the Treasurer for this new Corporation to ensure continuity and compliance with the City's financial policies where applicable. New board members to be brought forward in the third quarter of 2025 will consist of three tourism industry stakeholders from a range of sectors, including, but not limited to: accommodations, meetings and conferences, attractions and retail, festivals and events, sports tourism, food and beverage to be appointed to the Destination Pickering Board of Directors, in addition to one Member of Council, as appointed by the Mayor, and three City staff. - 51 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 9 CORP0227-07/01 revised C. Collection of the MAT The City of Pickering is recommending designating the ORHMA as its agent to collect the MAT from accommodation providers and remit to the City. ORHMA works directly with the hotels and motels, and provides training to staff and providers. After processes are set up by ORHMA, it is the responsibility of the accommodation provider to remit monthly reports to ORHMA, who will then collect and remit funds to the City, minus an administrative fee of 1.8% of the fees collected from hotels and motels. There is a one-time fee of $3,000.00 which covers the MAT Reporting Portal and MAT information sessions with documents and support to all accommodation providers. D. Municipal Accommodation Tax Reserve It is recommended that the 50% of the net MAT revenues retained by the City be transferred to a new Municipal Accommodation Tax Reserve. Subject to the establishment of the MAT reserve, as part of the annual budget process, staff will recommend draws from this reserve to fund projects as presented in the annual budget that support directly and indirectly the development and expansion of existing and new programs and infrastructure investments aimed to enhance the overall visitor experience. Unspent MAT funds will accumulate in the reserve to be used in future years and may be used to fund larger infrastructure projects with higher costs. Staff will bring forward recommendations for the use of the reserve dollars by the third quarter of 2025. E. Future implementation of MAT for short terms accommodations such as Airbnb and VRBO Short Term Rentals (i.e. Airbnb and VRBO) will not be included in this phase of MAT. Legal Services, Municipal Law Enforcement and the City Development Department are currently working to create a regulatory framework and Zoning by-law amendments to regulate short-term rental accommodations and licensing in Pickering. F. Implementation Plan and Next Steps Upon approval of this report and the MAT by-law, staff will take the following next steps to meet the targeted MAT implementation date of May 1st, 2025, and set up the MSC: • implement the new MAT by-law (see By-law Municipal Accommodation Tax, Appendix 1), for the collection of a MAT; • obtain and act upon Durham Region’s consent to create the MSC; • establish a MSC under the name “Destination Pickering Inc.”, if available; • sign an agreement with ORHMA so they can begin training local hotel and motel staff in collection and remittance practices; and • create a separate financial account for the MSC through the Finance Department. - 52 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 10 CORP0227-07/01 revised Attachments: 1.By-law Municipal Accommodation Tax2.MSC Business Case 3.ORHMA Draft Agreement Prepared By: Approved/Endorsed By: FJ:as Fiaz Jadoon, Ec.D., CEcD, MPM, B.COMM Director, EconomicDevelopment & Strategic Projects Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Paul Bigioni Director, Corporate Services & City Solicitor Laura Gibbs MBA, MSc. Director, Community Services Azeem Shah, Senior Advisor, Creative Industries & Tourism Original Signed By:Original Signed By: Original Signed By: Original Signed By: Original Signed By: - 53 - ECD 02-25 February 24, 2025 Subject: Municipal Accommodation Tax and the Establishment of a Municipal Services Corporation Page 11 CORP0227-07/01 revised Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 54 - Attachment 1 to Report ECD 02-25 The Corporation of the City of Pickering By-law No. 8161/25 Being a by-law to establish a Municipal Accommodation Tax. Whereas subsection 400.1(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”) provides that a local municipality may, by by-law, impose a direct tax in respect of the purchase of transient accommodation within the municipality; and, Whereas pursuant to section 400.1 of the Municipal Act and Ontario Regulation 435/17 (Transient Accommodation Tax) under the Municipal Act, Council wishes to establish a municipal accommodation tax rate to levy on the purchase of transient accommodation within the City of Pickering; and, Whereas pursuant to subsection 400.1(3) of the Municipal Act, Council may establish and use such enforcement measures as Council considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Definitions 1.1. “Accommodation” means Lodging, and the right to use Lodging, that is provided for consideration, whether or not the Lodging is actually used. 1.2. “Books and Accounts” includes books, accounts, bills, receipts, invoices, financial statements, and records in any format. 1.3. “By-law” means this by-law and any amendments made thereto. 1.4. “Establishment” means the physical location, a building or part of a building that provides Accommodation. 1.5. “Lodging” includes: (a) the use of a bedroom, a suite of rooms containing a bedroom, or the use of abed within a bedroom, domicile, or other physical location; and, (b) the use of one or more additional beds or cots in a bedroom or suite. 1.6. “Multiple Offence” means an offence in respect to two or more acts or omissions, each of which separately constitutes an offence and is a contravention of the same provision of this By-law. 1.7. “Municipal Accommodation Tax” means the tax imposed under this By-law. 1.8. “Person” includes an individual, a corporation, a partnership, a sole proprietorship, a trust, a joint venture, an association or any other organization or entity of any kind - 55 - By-law No. 8161/25 Page 2 and their respective heirs, executors, administrators, successors, assigns or other legal representatives of a person to whom the context can apply according to law. 1.9. “Provider” means a Person who sells, offers for sale, or otherwise provides Accommodation, and includes agents, hosts or any others who sell, offer for sale or otherwise provide Accommodation. Where a Provider cannot be easily determined, the owner of a property providing Accommodation is deemed to be the Provider. 1.10. “Purchase Price” means the price for which Accommodation is purchased, including the price paid and other consideration accepted by the Provider in return for the Accommodation provided, including all fees and surcharges for additional occupants and beds, but does not include the harmonized sales tax imposed by the Government of Canada or by the Province of Ontario. 1.11. “Purchaser” means a Person who purchases Accommodation. “City” means The Corporation of the City of Pickering. 1.12. “City Solicitor” means the Director, Corporate Services & City Solicitor, or their designate. 1.13. “Treasurer” means the Director, Finance & Treasurer, or their designate. 2. Application 2.1. Subject to the exemptions set out in section 3.1 of this By-law, a Purchaser shall, at the time of purchasing Accommodation, pay the Municipal Accommodation Tax in the amount of 4% of the Purchase Price of Accommodation provided for less than28 consecutive days, but greater than four hours, provided in a hotel, motel, motor hotel, lodging house, inn, resort, or hostel. For greater certainty, the continuous period is not disrupted by the purchase of different rooms, suites, beds, or other Lodging in the same Establishment in the course of the continuous period. 3. Exemptions 3.1. The Municipal Accommodation Tax does not apply to Accommodation provided by: (a) the Crown, every agency of the Crown in right of Ontario, and every authority, board, commission, corporation, office or organization of persons a majority ofwhose directors, members or officers are appointed or chosen by or under theauthority of the Lieutenant Governor in Council or a member of the ExecutiveCouncil; (b) every board as defined in subsection 1(1) of the Education Act; (c)every university in Ontario and every college of applied arts and technologyand post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating operating grants entitlements from the Crown; - 56 - By-law No. 8161/25 Page 3 (d)every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Careunder the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act; (e) every long-term care home as defined in subsection 2(1) of the Fixing Long- Term Care Act, 2021 and every hospice; (f) a hotel or motel used by the City or its service providers for shelter purposes; (g)a treatment centre that receives private funding or provincial aid under theMinistry of Community and Social Services Act; (h)a house of refuge or Lodging for the reformation of offenders; (i)a charitable, non-profit philanthropic corporation organized as shelter for therelief of the poor or for emergency; (j)a tent or trailer site supplied by a campground, tourist camp or trailer park; (k)employers to their employees in premises operated by the employer; (l)a hospitality room in an establishment that may or may not contain a bed andis used for displaying merchandise, holding meetings or entertaining; or, (m)group bookings with contracts that are entered into prior to the date that this By-law takes effect. 4. Collection and Remittance 4.1. A Provider shall collect the Municipal Accommodation Tax from the Purchaser at the time the Accommodation is purchased. 4.2. A Provider shall identify the amount of the Municipal Accommodation Tax as a separate item on a bill, receipt, invoice or similar document issued by the Provider in respect of the Accommodation on which the tax is imposed and shall identify the item as “Municipal Accommodation Tax”. 4.3. A Provider shall be responsible for the collection and remittance of HST directly to the Government of Canada and/or the Province of Ontario. 4.4. A Provider shall, on or before the 15th day of the month, remit to the City, or its tax collection agent, the amount of the Municipal Accommodation Tax collected for the previous month and shall submit monthly statements in a form required by the City which details the number of Accommodations sold, the Purchase Price of each Accommodation, the amount of the Municipal Accommodation Tax collected and any other information as required by the City of the purposes of administering and enforcing this By-law. - 57 - By-law No. 8161/25 Page 4 4.5. The Treasurer shall charge a fee for all payment remittances that are not honoured by the financial institution upon which it is drawn in an amount as set out in the City’s Fees and Charges By-law # 7220-17, as amended. 5. Delegation of Authority 5.1. The Treasurer is authorized to administer and enforce this By-law, including approvals and collection, and to instruct the City Solicitor to take such legal action as may be considered appropriate. 6. Tax Collection Agent 6.1. The tax collection agent for the City under this By-law is the Person who is designated in an agreement with the City to collect the Municipal Accommodation Tax as an agent for the City. 6.2. The Treasurer, in consultation with the City Solicitor, may designate additional tax collection agents for the City and is delegated the authority to enter into agreements with such designated tax collection agents. 6.3. The tax collection agent(s) shall collect and administer the Municipal Accommodation Tax as an agent for the City in accordance with this By-law and the agreement between the City and that tax collection agent. 7. Liens 7.1. All Municipal Accommodation Tax, interest, and penalties that are past due will be deemed to be in arrears and may be added to the tax roll for any real property in the City of Pickering that is registered in the name of the Provider to be collected in the same manner as property taxes and will constitute a lien upon the lands, but such lien will not be a priority lien for the purposes of subsections 1(2.1), (2.2) and (3) of the Municipal Act and such lien will not have a higher priority than it would otherwise have in law in relation to other claims, liens or encumbrances. 8. Audit and Inspection 8.1. A Provider shall keep all Books and Accounts that are sufficient to furnish the City, or its representative with the necessary particulars of sales of Accommodations and the amount of the Municipal Accommodation Tax collected, payable and remitted, for no less than seven (7) years from the date of the sale of the Accommodation. 8.2. A Provider shall permit the City, or its representative, at all reasonable times, entry into any premises where any business is carried on, where any property is kept, where anything is done in connection with any business, or where any Books and Accounts are or should be kept and shall permit the City or its representative to audit and inspect all Books and Accounts of the Provider. A Provider shall produce copies of any Books and Accounts that may be required by the City or its representative for the purposes of administering and enforcing this By-law. - 58 - By-law No. 8161/25 Page 5 8.3. A Provider shall: (a) give the City or its representative all reasonable assistance with the audit or inspection; (b) answer all questions relating to the audit or inspection either orally or, if theCity requires, in writing, on oath or by statutory declaration; and, (c)attend at the premises with the City or its representative for the purposes of giving reasonable assistance and answering questions relating to the audit orinspection. 8.4. A Provider shall comply with a written demand from the City or its representative for information or for the production on oath or otherwise of any Books and Accounts as the City or its representative considers necessary to determine compliance with this By-law. A Provider in receipt of such a demand shall comply with the demand within the time specified in the demand. 9. Determination of Amount 9.1. The Treasurer may determine an amount of the Municipal Accommodation Tax that is required to be remitted, together with any interest imposed upon any Municipal Accommodation Tax that is outstanding, if a Provider who is responsible for the payment or remittance of the Municipal Accommodation Tax fails to pay or remit as required by this By-law. 9.2. The Treasurer may impose an interest charge of 1.25% of the Municipal Accommodation Tax that is outstanding on the first day of each month and subsequent months until the Municipal Accommodation Tax is paid in full. 9.3. The Treasurer may assess or reassess for any Municipal Accommodation Tax that is payable by the Provider within three years from the day the Municipal Accommodation Tax was remittable, except that where the Treasurer establishes that a Provider has made any negligent or wilful misrepresentation or has committed any fraud in supplying, or omitting to supply, any information under this By-law, then the Treasurer may assess or reassess, for any time that the Treasurer considers reasonable, the Municipal Accommodation Tax payable. 9.4. A Provider shall pay the amount of the Municipal Accommodation Tax and any interest set out in the notice of calculation made under this section 9 of this By-law within 30 days from the date of mailing of the notice of calculation. 10. Offences and Penalties 10.1. No person shall: (a)make, participate in, assent to or contribute in the making of false ordeceptive statements in a report, statement, form or other document that is prepared, submitted or filed under or for the purposes of this By-law; - 59 - By-law No. 8161/25 Page 6 (b)destroy, alter, mutilate, hide or otherwise dispose of any Books and Accounts in order to evade payment or remittance of any amounts owingunder this By-law; (c)make, participate in, assent to or contribute in the making of false ordeceptive entries, including omitting to enter an entry, in any Books and Accounts; (d) hinder, obstruct or interfere with any audit or inspection conducted by theCity or its representative under this By-law; (e)willfully, evade or attempt to evade: i.paying the Municipal Accommodation Tax; ii.remitting the Municipal Accommodation Tax; or, iii.otherwise complying with this By-law; or, (f)conspire with any other Person to commit an offence described in subsections 10.1 (a) through (e) of this By-law. 10.2. Any Person who is guilty of an offence under this By-law is liable as follows: (a) upon a first conviction, a fine of not less than $500.00 and not more than $50,000.00 if the Provider is a Person other than a corporation, and notless than $500.00 and not more than $100,000.00 if the Provider is a corporation; (b) upon a second or subsequent conviction for the same offence, a fine of notless than $1,000.00 and not more than $100,000.00; (c)upon conviction for a continuing offence, a fine of not less than $750.00and not more than $10,000.00 for each day or part of a day that the offence continues and the total of all of the daily fines for the offence is notlimited to $100,000.00; and, (d) upon conviction for Multiple Offences, for each offence included in theMultiple Offence, a fine of not less than $750.00 and not more than $10,000.00 and the total of all fines for each included offence is not limitedto $100,000.00. 11. General 11.1. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, illegal, unenforceable or of no force and effect, then it is the intention of Council that all remaining sections and portions of this By- law continue in force and effect to the fullest extent possible according to law. 11.2. This By-law may be referred to as the “Municipal Accommodation Tax By- law”. - 60 - By-law No. 8161/25 Page 7 12. Effective Date 12.1. This By-law shall come into force and take effect on May 1, 2025. Kevin Ashe, Mayor Susan Cassel, City Clerk By-law passed this 24th day of February, 2025. - 61 - Attachment 2 to Report ECD 02-25 Business Case Study Tourism Municipal Services Corporation 1. Purpose The City of Pickering proposes to create a corporation named "Destination Pickering Inc." (“Corporation”), if available at the time of incorporation, to serve as the eligible tourism entity for the purposes of the Municipal Accommodation Tax and the promotion of tourism in Pickering. This Business Case Study provides relevant information on establishing the Corporation and proposed governance structure for the Corporation. 2. Background The Province of Ontario developed the Municipal Accommodation Tax (“MAT”) also known as the Transient Accommodation Tax as a funding source to support tourism in communities and allow growth in the sector so that tourism continues to contribute to economic, social, and cultural development across Ontario. Under Ontario Regulation 435/17 (Transient Accommodation Tax) of the Municipal Act, 2001 (Ontario), the City must share a minimum of 50% of revenues (less the City’s reasonable costs of collecting and administering the tax) with an entity that is designated as an Eligible Tourism Entity. Transient accommodation can be defined as accommodation for a continuous period stay of 29 nights or less. As of 2024, Pickering does not have an Eligible Tourism Entity as mandated by Ontario Regulation 435/17. Therefore, the City proposes the establishment of a Municipal Services Corporation (“MSC”) to serve as the Eligible Tourism Entity in Pickering. Ontario Regulation 599/06 requires the City to prepare a Business Case Study for the proposed corporation and obtain approval of the Business Case Study by Council Resolution. This Business Case Study is presented to achieve the requirements of Ontario Regulation 599/06. 3. Mandate & Objectives At the May 27, 2024 Council meeting, through Resolution #491/24, Council endorsed the Community Visitor Plan. The Community Visitor Plan is the first tourism plan for the City of Pickering. It includes five core objectives: Enhance, Welcome, Develop, Distinguish, and Support, and includes 45 action items. The Community Visitor Plan addresses challenges and opportunities for visitor readiness across five key categories: attractions, businesses, infrastructure, customer service, and - 62 - marketing/promotion. It also provides framework for businesses, local government, and residents to leverage the visitor economy and grow Pickering as a visitor-ready and welcoming destination. The mandate of the Corporation (serving as the Eligible Tourism Entity in Pickering) will be the promotion of tourism in alignment with the Community Visitor Plan. The following objectives will guide the Corporation in decision-making throughout the Corporation's growth irrespective of changes in leadership, strategies and activities: • The Corporation will focus and expand tourism promotion and tourism product development in Pickering. • The Corporation will report to Council at least once a year or as otherwise required by the Corporation’s by-laws. • The Corporation’s annual budget shall be endorsed by Pickering Council. • The Corporation will complete work based on accountable and objective decision-making that ensures City-wide benefits. This business case aligns itself to the Pickering Strategic Plan Priority to Champion Economic Leadership & Innovation and encourage and support tourism as an economic driver. 4. Community Engagement Before establishing a corporation, the City was required to engage with the public about the proposal to establish the corporation (O. Reg. 599/06, s. 8). The City conducted two phases of community engagement in the recommendation of the MAT and establishment of an MSC. Phase 1: Public consultation in the development of the Community Visitor’s Plan. The Community Visitor Plan was developed through extensive community engagement and public consultation. A steering committee, consisting of local businesses, attractions, outdoor assets, residents, and City staff, led the process. To involve the broader public, a survey was made available on Let's Talk Pickering. The survey, open from June 1 – September 6, 2023 collected feedback on the local tourism industry, amenities, and features, receiving a total of 311 responses. Phase 2: Public consultation on the establishment of a Municipal Services Corporation (MSC). Public consultation on the proposed MSC was conducted through an online survey on Let’s Talk Pickering, from October 28 - November 28, 2024. The survey asked respondents to share their thoughts on the City's proposal to create a Municipal Services Corporation, ‘Destination Pickering,’ which would serve as the Eligible Tourism Entity in Pickering. A total of 22 responses were received, with some in favor and others opposed to its creation. Overall, the survey did indicate support for the creation of the MSC but highlighted the need for clarification on who is subject to the Municipal Accommodation Tax. November 11, 2024 Page 2 of 4 MSC Business Case Study - 63 - 5. Analysis The benefits of the City establishing the MSC include: • satisfying the Province’s requirement for an Eligible Tourism Entity that utilizes a minimum of 50% of the MAT revenues; • adopting an MSC model, which provides accountability, corporate responsibility, and controls through the management role of the voting members; • the City can have oversight over the tourism entity, as Council will approve the Board of Directors and endorse the annual budget. The Board will include a Member of Council, (appointed by the Mayor), City staff representatives and industry stakeholders, who will establish the governance framework for business plans, expenditures, and corporate policies; and • the ability to access additional resources like tourism specific grants. MSCs are more flexible when compared to traditional government structures. They can form partnerships with private businesses, other municipalities, and tourism boards allowing for innovative collaborations. 6. Governance Structure & Incorporation To establish the corporation, the City must file articles of incorporation. These will be drafted and filed by the City’s Corporate Services Department. Once incorporated, the Board of Directors will have oversight and critical decision-making roles concerning the operation and setup of the Corporation. Staff will bring a report back to Council in Q3 2025 with final recommendations relating to establishing the new Board of Directors, its composition, by-laws, budget, and other corporate matters. However, the City’s Director of Finance & Treasurer will also be the Treasurer for this new Corporation to ensure continuity and compliance with the Corporation’s policies and articles of incorporation. 7. Funding, Budget, and Collection of MAT Funds a. Financial Impact of MAT It is anticipated that the MAT, levied at 4%, would generate approximately $350,000 to $500,000 in annual new revenue to the City. The total generated collections will be divided equally between the City and the new Corporation (less the costs of collecting and administering the MAT). This revenue has the potential to grow in the long-term if there are new hotels and with the introduction of licensed short-term rentals such as Airbnb and VRBO. b. MAT Reserve With the implementation of the MAT, staff will ask Council to approve the establishment of a Municipal Accommodation Tax Reserve to receive the City's portion of the MAT revenue. November 11, 2024 Page 3 of 4 MSC Business Case Study - 64 - c. Corporation Annual and Current Budget The Corporation will be funded from 50% of the proceeds of the MAT revenues, less the cost of collecting and administering the MAT. The Corporation’s Board of Directors will be responsible for creating and managing the annual budget. The City will develop, adopt and maintain a Policy to guide the transfer of assets to the Corporation (O. Reg. 599/06 s7). d. Financial Accountability Agreement The Corporation will enter into an agreement with the City to ensure that amounts paid to the Corporation are solely used for the purposes of promoting, developing, and improving the tourism landscape and tourism products in Pickering. The agreement will also include that the new Corporation shall develop financial policies that are based on the City’s Financial Control Policy and Purchasing Policy that serve as models of good governance, and develop any other financial polices as directed by the Director of Finance & Treasurer. The City’s financial policies have served the City well and would be an asset for the Corporation in the management of its financial affairs. The Corporation will report its audited financial statements to Council at its annual meeting with the City’s annual financial statements. The City will develop, adopt and maintain a Policy to guide the transfer of assets to the Corporation (O. Reg. 599/06 s7). e. Collection of Funds Licensed accommodation providers are responsible for the collection of MAT revenues. These funds will then be remitted to the Ontario Restaurant Hotel and Motel Association (OHRMA), acting as the collection agent for the City. Costs of collecting and administering the MAT will be deducted from the total MAT collected by ORHMA before remittance to the City. The City will then deduct its reasonable costs for other MAT administration costs such as accounting, payroll processing, external audit fees and other overhead allocations. The residual amount will then be allocated equally between the City and the new Corporation as per the requirements of Ontario Regulation 435/17. f. Accountability and Reporting The City’s Community Visitor Plan will serve as a guiding document for the Corporation. This new Corporation’s financial records will be subject to external audit review and the results of the audit will be presented to Pickering Council. Reporting to the City by the Corporation will take place at minimum, once a year or as otherwise required by the Corporation’s by-laws. 8. Conclusion The Business Case Study for a new municipal services corporation mandated to promote tourism, in alignment with the Community Visitor Plan, is established based on Ontario Regulation 599/06 and Ontario Regulation 435/17. The Corporation will allow the City of Pickering to improve its leadership role in establishing itself as a tourism destination. November 11, 2024 Page 4 of 4 MSC Business Case Study - 65 - Attachment 3 to Report ECD 02-25 Municipal Accommodation Tax Collection Agreement This Municipal Accommodation Tax Collection Agreement ("Agreement") Dated this 1st day of May 2025 between the City of Pickering("City") and the Ontario Restaurant Hotel & Motel Association ("ORHMA"). WHEREAS the City has passed by-law XXXX/25 imposing a Municipal Accommodation Tax ("MAT") pursuant to section 400.1 of the Municipal Act, 2001. WHEREAS the City deems it desirable to retain ORHMA to act as its collecting agent for the MAT. NOW THEREFORE THE AGREEMENT WITNESSETH THAT in consideration of the mutual covenants and agreements set forth, the parties covenant and agree, to and with each other, as follows: Definitions “Accommodation” means Hotel Accommodation and Short-Term Accommodation “Hotel Accommodation” means the purchase of accommodation in a hotel, motel, inn, resort, and hostel for a period of a minimum of 4 hours and a maximum of 30 consecutive days. “Hotel Accommodation Provider” means a person who receives payment in consideration for Hotel Accommodation and includes agents, hosts or others who sell, offer for sell or otherwise provides Hotel Accommodation. Where the Provider cannot easily be determined, the owner of a property providing Hotel Accommodation is deemed to be the Hotel Accommodation Provider. "Municipal Accommodation Tax" or "MAT" means the tax imposed under the City of Pickering's Municipal Accommodation Tax By-law. “Provider” includes a Hotel Accommodation Provider and a Short-term Accommodation Provider. “Short-term Accommodation” means a temporary accommodation in all or part of a Dwelling that is provided for 30 consecutive days or less in exchange for payment, and includes a bed and breakfast, but does not include a hotel, motel, inn, resort, hostel, lodging house, or rooming house. “Short-term Accommodation Provider” means an individual who, for compensation, makes available Short-term Accommodation, but does not include a short-term - 66 - Accommodation Broker. For the purposes of this definition, this does not include a corporation or partnership. “Short-term Accommodation Broker” means any individual, partnership, or corporation that, for compensation, markets and brokers the booking, reservation or rental, of a Short-term Accommodation on behalf of a Short-term Accommodation Provider by a means of a website or digital application. Services 1. ORHMA will collect the MAT on behalf of the City on the date specified in the City's Municipal Accommodation Tax By-law. 2. Providers must remit the MAT to the ORHMA by one of the following methods: electronic transfer, cash, certified cheque or by any other method proposed by the ORHMA and deemed acceptable by the City Treasurer. 3. ORHMA will require Providers to remit the MAT in accordance with the City's By-law, and may include other requirements and forms established and maintained by the ORHMA. 4. Hotel Accommodation Providers will make remittances of the MAT on a monthly basis to ORHMA, within 15 days of the end of each calendar month for the month prior. Short-term Accommodation Providers will make remittances of the MAT on a quarterly basis to ORHMA within 15 days of the previous quarter for the quarter prior. 5. The ORHMA will distribute information, notifications and communication materials to Providers by mail or in electronic format. All such materials and communications will be developed by the City, and/or jointly with the ORHMA, as it concerns the collection of the MAT. All communications and materials distributed under the MAT program must be approved in advance by the City Treasurer or designate without exception. 6. The City may issue its own mailed or electronically transmitted communications, correspondence or other notifications as deemed necessary under the program for its own purpose. 7. ORHMA will remit the MAT collected from Hotel Accommodation on a monthly basis within 30 days of the end of each calendar month for the prior month. ORHMA will remit the MAT collected from Short-term Accommodation on a quarterly basis within 30 days of the end of the prior quarter. - 67 - 8. ORHMA will be responsible to collect any unpaid MAT remittances, penalties, and applicable interest for a period of 90 days on overdue accounts. 9. ORHMA will advise the City of any unpaid Provider amounts over 90 days. 10. ORHMA will submit a monthly report to the City for the Municipal Accommodation Tax collected on Hotel Accommodation with each remittance indicating: a. the average number of rooms available for taxable (MAT) occupancy at each Provider; b. the average daily rate; c. the total room charges for the month; d. the total MAT collected and remitted; e. an aging report of overdue accounts; f. the number of rooms that were exempt under the by-law; and g. any further details relating to the MAT as required by the City Treasurer. ORHMA will submit a quarterly report to the City for the Municipal Accommodation Tax collected on Short-term Accommodation with each remittance indicating: a. the average number of rooms available for taxable (MAT) occupancy at each Provider; b. the average daily rate; c. the total room charges for the quarter; d. the total MAT collected and remitted; e. an aging report of overdue accounts; f. the number of rooms that were exempt under the by-law; and g. any further details relating to the MAT as required by the City Treasurer. 11. The City shall be responsible for remitting any amounts of the MAT collected by the ORHMA to the appropriate eligible tourism entity. Privacy and Confidentiality 12. ORHMA acknowledges and agrees that in providing services under this Agreement it may acquire proprietary, confidential, personal and/or private knowledge and information of the City's operations, employees and other confidential documents and information. 13. ORHMA will at all times comply with the requirements set out in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56 ("MFIPPA') with respect to the use, maintenance, retention and collection of personal information, documents and records, - 68 - communicated to and acquired, collected and created by it under this Agreement which in all cases shall be treated in accordance with MFIPPA. 14. ORHMA shall treat all information, documents and records communicated to and acquired, collected and created by it in the course of providing the services as confidential and shall not release or disclose the same to any person at any time during or following this Agreement without the express prior written consent of City, except as required by law and subject to MFIPPA and the Municipal Act. 15. ORHMA shall enure that all necessary steps are taken to protect all confidential information, documents and records by making all necessary security arrangements against any and all risk including without limitation to unauthorized access, use, disclosure, publication or dissemination or destruction and to enure that the said information, documents and records do not fall into the possession of unauthorized persons, in accordance with MFIPPA. 16. Should ORHMA retain the services of any third party, it shall ensure that the third party enters into a written agreement that satisfies both ORHMA and the City's obligations under MFIPPA with respect to the use, security, maintenance, retention and collection of any information it acquires through its services to ORHMA or the City. ORHMA shall ensure that the written agreement with any third party include a confidentiality clause that satisfies its obligations to City with respect to the confidentiality of any information it acquires through its services to City. Financial Reconciliation 17. The MAT collected by the ORHMA will be held separately from the ORHMA's revenues and expenditures and deposited into a designated City of Pickering liability account(s) until a payment is created and the funds are remitted to the City. 18. ORHMA will perform daily financial reconciliation of amounts collected. 19. ORHMA will investigate any financial anomalies, rectify any financial anomalies and report any financial anomalies to the City in a timely basis. 20. ORHMA will perform a payment transfer to the City (all payments of MAT, penalties, interest on late payments etc.) on a monthly basis for Hotel Accommodation within 30 days of the end of each calendar month for the prior month, via cheque/electronic funds transfer, to the City’s designated account(s). - 69 - ORHMA will perform a payment transfer to the City (all payments of MAT, penalties, interest on late payments etc.) on a quarterly basis for Short-term Accommodation within 30 days of the end of each quarter for the prior quarter, via cheque/electronic funds transfer to the City’s designated account(s). Refunds 21. The City shall be responsible for the administration, approval and issuance of any efunds collected under MAT. 22. Refunds of amounts where necessary will be paid by the City. 23. The City shall be responsible for the documentation of any refunds and any adjustments flowing from such refunds. Reporting 24. ORHMA will provide the City with monthly reports for MAT collected for Hotel Accommodation, quarterly reports for MAT collected for Short-term Accommodation and an annual report to support the City functions related to the MAT including reconciliation, refunds, verification and auditing. 25. Reports shall be prepared using the ORHMA's accounting software or systems and provided to the City in a format compatible with the City's electronic systems. 26. The following reports will be produced by the ORHMA and made available electronically to the City. a. Monthly Reconciliation Report for MAT collected on Hotel Accommodation: Detailed reconciliation report identifying the number of transactions and MAT revenue collected by the ORHMA and submitted to the City. The report will contain information to substantiate amounts collected, including name and identifier of taxable entity, summary of room revenues, applicable exemptions or deductions, guest refunds, adjustments, MAT payable and total amount due, etc. b. Quarterly Reconciliation Report for MAT collected on Short-term Accommodation: Detailed reconciliation report identifying the number of transactions and MAT revenue collected by the ORHMA and - 70 - submitted to the City. The report will contain information to substantiate amounts collected, including name and identifier of taxable entity, summary of room revenues, applicable exemptions or deductions, guest refunds, adjustments, MAT payable and total amount due etc. c. Audit Reports: All audit findings, reports and summaries shall be provided, unaltered and completely, to the City. Liability 27. The ORHMA agrees to assume liability for its failure to report, and/or remit the correct amount collected of the MAT, and the City shall impose such penalties for such failure as the City Treasurer may determine to be appropriate. ORHMA shall not be liable to the City for any unremitted MAT funds owed by providers that remain unpaid. ORHMA will collaborate with the City to pursue collection methods as directed by the City Treasurer, to collect any funds that remain unpaid. Audit Requirements 28. ORHMA shall engage an auditor to undertake an internal audit concerning ORHMA's MAT financial operations with respect to MAT collected on behalf of the City of Pickering. The audit shall be undertaken annually following ORHMA's year end. The costs of conducting the audit shall be at ORHMA's expense. 29. All audit findings, reports, and summaries shall be provided, unaltered and complete, to the City within 10 days of receipt by the ORHMA. 30. Any independent audits of the individual providers subject to the MAT, will be at the discretion and cost to the City of Pickering. 31. In all instances, the City reserves the right to engage an independent auditor for its purposes, to audit, without limitation, the ORHMA's operations as they concern the MAT, the collection of the MAT by the ORHMA, the designated City of Pickering liability account, and/or the compliance of providers subject to the MAT with the City's Municipal Accommodation Tax By-law. Fees 32. ORHMA agrees that its fee for services under this Agreement shall not exceed: - 71 - (1) A one-time fee of $3,000 plus HST; (2) Quarterly fee in the amount of 1.8% of the monthly remittance to the City on Hotel Accommodation; and (3) Quarterly fee in the amount of 5% of the quarterly remittance to the City for all Municipal Accommodation Tax collected directly from Short-term Accommodation Providers. The above fees shall include labour, profit, other overhead, materials, equipment, licences, analysis, travel, accommodations, communication, compliance with audit requirements under this agreement, transportation, and delivery costs (courier, long distance charges), staff time, meetings with the City (as deemed required by the City), insurance costs, disbursements and any/all other operational costs and fees associated with the services. The City shall not be responsible for any additional costs. Labour or direct expenses incurred by the ORHMA over and above this amount shall not be charged to the City. 33. Any additional fees or expenses must be pre-authorized in writing by the City Treasurer before the ORHMA undertakes any additional work. 34. The City will reimburse the ORHMA for approved disbursements made as required in order to undertake its responsibilities, at the ORHMA's cost, with no mark-up. The total amount to be paid for disbursements is included in the total amount above. 35. ORHMA will invoice the City for its quarterly fee as set out above, on a quarterly basis, using forms designed for this purpose. 36. The City shall pay the amount of the invoice within 30 days of receiving ORHMA's invoice. Indemnity 37. ORHMA shall indemnify and hold the City harmless from and against all liability, claims, demands, losses, costs, damages, suits and proceedings, including legal fees, occasioned wholly or in part by any negligence or acts or omission by ORHMA, its officers, agents, employees or other for whom it is responsible in law, arising out of its obligations under this agreement. Insurance 38. Throughout the term of this agreement, ORHMA shall obtain and maintain the coverage shown below and shall provide that the following insurance will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or expiry: - 72 - a) Third party general liability insurance covering all claims for negligence, nuisance, property damage and bodily injury, including death, arising out of the use of the premises by ORHMA. Such policy shall include the City as an additional insured with respect to this Agreement and be in an amount not less than two million ($2,000,000.00) dollars including personal injury liability, broad form property damage liability, contractual liability, owners and contractors’ protective liability, non-owned automobile liability, contingent employer's liability, and shall contain a severability of interests clause and cross liability clauses. b) Standard all risk property insurance covering the property of ORHMA including leasehold improvements, in an amount not less than the full replacement cost value with a deductible of no more than $5,000.00; such policy shall include a waiver of subrogation in favour of the City. c) Standard all risk tenants legal liability insurance covering the Premises in an amount not less than one million ($1,000,000.00) and such other liability insurance extensions as may be required by the City from time to time. d) ORHMA shall not do, omit to do, or permit to be done or omitted to be done on or at the Premises anything that may increase premiums or void coverage under the property insurance policies carried by the City on the Premises described in this agreement. e) The insurance described in a) through c) above will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or expiry. Evidence of such insurance shall be delivered to the City promptly at inception of this agreement and thereafter prior to the insurance renewal date. Failure to satisfactorily meet these conditions relating to insurance shall be deemed a breach of this agreement. f) The City reserves the right to request such higher limits of insurance or other types of policies appropriate to this agreement as the City may reasonably require from time to time. Event of Default 39. The City may declare in writing that an event of default has occurred when ORHMA has not complied with any obligation or term in this Agreement. Each and every one of the following events is an "Event of Default" (1) The failure to comply with an obligation or term in this Agreement. (2) The failure to deliver a report required in this Agreement; (3) The failure to make a remittance to the City in accordance with the terms of the Agreement; (4) The failure to complete an internal audit as required in this Agreement. - 73 - Remedies on Default 40. If the City has declared that an Event of Default has occurred under section 41, after 30 calendar days from ORHMA's receipt of the notice of an Event of Default, it may immediately terminate or suspend its obligations under this Agreement if the Event of Default has not been cured to its satisfaction. . Waiver 41. The failure by the City to exercise a remedy it is entitled to exercise under this Agreement shall not be construed to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this Agreement or other applicable law. Assignment 42. Neither party may assign this Agreement without the prior consent in writing of the other. Successors and Assigns 43. This Agreement shall enure to the benefit of and be binding upon the successors and assigns of the parties hereto. Severability 44. If any provision or portion of any provision in this Agreement shall be held by a Court of competent jurisdiction to be unenforceable, invalid or illegal, such provision or such portion of the provision shall be severable, but all other terms and conditions of this Agreement will continue to be valid, binding and enforceable. Governing Law 45. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and laws of Canada applicable in Ontario. Headings 46. The headings in this Agreement are for convenience and reference only and shall not form part of this Agreement. - 74 - Time of the Essence 47. Time shall be of the essence in the performance of obligations pursuant to this Agreement. Term 48. This Agreement commenced on May 1st, 2025 and continues in full force and effect for five years. Upon the expiry of the five year term, the City at its absolute sole discretion has the option to renew the contract for a further two one-year periods. Termination 49. Either party may terminate this Agreement without cause by providing not less than 120 days' written notice of its intention to terminate. - 75 - IN WITNESS WHEREOF the City and ORHMA have hereunto affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf. THE CITY OF PICKERING Per: Per: ASSOCIATION ONTARIO RESTAURANT HOTEL & MOTEL Per: Per: - 76 - Report to Council Report Number: FIR 03-25 Date: February 24, 2025 From: Chief Boyd Fire Chief Subject: Ontario Transfer Payment Agreement with the Province of Ontario -Fire Protection Grant -File: A-1440-001-25 Recommendation: 1.That Report FIR 03-25 regarding the Ontario Transfer Payment Agreement with the Province of Ontario be received; 2.That the Mayor and City Clerk be authorized to execute the Ontario Transfer Payment Agreement with the Province of Ontario for the Fire Protection Grant, as set out in Attachment 1; and 3.That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Executive Summary: The purpose of this report is to authorize the execution of the Fire Protection Grant agreement with the Province of Ontario. The provincial grant funding, allocated to the City of Pickering, will provide additional resources to enhance the health and safety of Fire Services staff which is a top priority of this City. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan of Corporate Key to Deliver on Good Governance Open & Transparent Decision Making; and the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: The City of Pickering has been allocated approximately $41,152.25 in funding that is required to be spent by December 31, 2025. Discussion: The purpose of this report is to authorize the execution of the Fire Protection Grant Agreement with the Province of Ontario. The Ministry of the Solicitor General and Office of the Fire Marshal received Treasury Board approval for $30.0 M over three years in funding to support municipal fire services in acquiring critical equipment and other needs to improve and enhance the level of fire protection. The provincial grant of $41,152.25 to the City of Pickering will fund the purchase of secondary sets of head harnesses, provide drying station for firefighter personal protective equipment and provide an “Active Air Purifier” within the fleet. - 77 - FIR 03-25 February 24, 2025 Subject: Ontario Transfer Payment Agreement with the Province of Ontario Page 2 Attachment: 1.Ontario Transfer Payment Agreement Prepared By: Approved/Endorsed By: Nigel Robinson Steve Boyd Deputy Fire Chief Fire Chief Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer SB:jm Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: Original Signed By: - 78 - Page 1 of 25 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the BETWEEN: His Majesty the King in right of Ontario as represented by the Hon. Michael Kerzner, Solicitor General (the “Province”) -and - The Corporation of the City of Pickering (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Attachment 1 to Report FIR 03-25 - 79 - Page 2 of 25 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) His Majesty the King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: - 80 - Page 3 of 25 (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the Project; (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; and (f) the Province is bound by the Financial Administration Act (Ontario) (“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by the Province of Funds under the Agreement will be subject to, (i) an appropriation, as that term is defined in subsection 1(1) of the FAA, to which that payment can be charged being available in the Funding Year in which the payment becomes due; or (ii) the payment having been charged to an appropriation for a previous fiscal year. SIGNATURE PAGE FOLLOWS - 81 - Page 4 of 25 The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Office of the Fire Marshal Date Name: Carrie Clarke Title: Deputy Fire Marshal The Corporation of the City of Pickering Date Name: Kevin Ashe Title: Mayor I have authority to bind the Recipient Date Name: Susan Cassel Title: City Clerk I have authority to bind the Recipient - 82 - TP Agreement – Shortened Page 5 of 25 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: - 83 - TP Agreement – Shortened Page 6 of 25 (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. - 84 - TP Agreement – Shortened Page 7 of 25 A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and capacity to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; - 85 - TP Agreement – Shortened Page 8 of 25 (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient with Funds up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c) deposit the Funds into an account the Recipient designates provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof required pursuant to section A10.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and (c) the Province may adjust the amount of Funds it provides to the Recipient for any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2. - 86 - TP Agreement – Shortened Page 9 of 25 A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has been or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. (e) not use funds to cover any cost that has or will be funded by the recipients regular operating or capital budget. A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from any further instalments of Funds; (b) demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as set out in Schedule “B” at the time of purchase. - 87 - TP Agreement – Shortened Page 10 of 25 A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province provides its consent to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address set out in Schedule “B” : (i) all Reports in accordance with the timelines and content requirements set out in Schedule “F”; (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; - 88 - TP Agreement – Shortened Page 11 of 25 (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a) all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Project in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any comparable accounting standards that apply to the Recipient; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions: (a) inspect and copy any records and documents referred to in section A7.3; (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) assisting the Province to copy records and documents; - 89 - TP Agreement – Shortened Page 12 of 25 (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual, including public announcements or communications: (a) acknowledge the support of the Province for the Project; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. (d) obtain prior written approval from the Province before using any Government of Ontario or ministry logo or symbol in any communications including press releases, published reports, radio and television programs and public or private meetings, or in any other type of promotional material, relating to the Project or this Agreement. A8.2 Notice of Project-Related Communications. Unless the Province directs the Recipient to do otherwise, the Recipient will provide written notice to the Province a minimum of 14 Business Days’ in advance of all Project-related publications, whether written, oral, or visual, including public announcements or communications. A9.0 INDEMNITY A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties. - 90 - TP Agreement – Shortened Page 13 of 25 A10.0 INSURANCE A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) at least 30 days’ written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage required by section A10.1; or (ii) other proof that confirms the insurance coverage required by section A10.1; and (b) in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: - 91 - TP Agreement – Shortened Page 14 of 25 (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii); (b) the Recipient’s operations, its financial condition, its organizational structure or its control changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; (d) the Recipient ceases to operate. - 92 - TP Agreement – Shortened Page 15 of 25 A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i) demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) upon giving Notice to the Recipient, terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province. A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A12.4 Recipient not Remedying. If the Province provides the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: - 93 - TP Agreement – Shortened Page 16 of 25 (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if, by the end of a Funding Year, the Recipient has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; (b) adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the excess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds, an - 94 - TP Agreement – Shortened Page 17 of 25 amount equal to any Funds or any other amounts owing under the Agreement; or (b) the Recipient owes to the Province any Funds, an amount equal to any Funds or any other amounts owing under the Agreement, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, courier or fax; and (c) addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of fax, one Business Day after the Notice is delivered; and (c) in the case of email, personal delivery or courier on the date on which the Notice is delivered. - 95 - TP Agreement – Shortened Page 18 of 25 A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect. A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver. - 96 - TP Agreement – Shortened Page 19 of 25 A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s heirs, executors, administrators, successors, and permitted assigns; and (b) the successors to His Majesty the King in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. - 97 - TP Agreement – Shortened Page 20 of 25 A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with His Majesty the King in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross- referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. END OF GENERAL TERMS AND CONDITIONS - 98 - TP Agreement – Shortened Page 21 of 25 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $41,152.25 Expiry Date March 31, 2025 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $ 5,000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Name: Program Development & Analytics Unit, Office of the Fire Marshal, Public Safety Division Ministry of the Solicitor General Attention: Katrina Nedeljkovich, Operations Manager Address: 2284 Nursery Road, Midhurst, ON, L0L 1N0 Phone: 705-305-4595 Email: Katrina.nedeljkovich@Ontario.ca / OFMGrants@Ontario.ca Contact information for the purposes of Notice to the Recipient Name: Steve Boyd Position: Fire Chief Address: 1700 Zents Drive Pickering, ON L1X 0N7 Fax: 905.839.6327 Email: sboyd@pickering.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Name: Stan Karwowski Position: Director, Finance & Treasurer Address: One The Esplanade, Pickering ON L1V 6K7 Fax: 905.420.5313 Email: skarwowski@pickering.ca Additional Provisions: None - 99 - TP Agreement – Shortened Page 22 of 25 SCHEDULE “C” PROJECT The Ministry of the Solicitor General, Office of the Fire Marshal received Treasury Board (TB) approval for $30.0M grant over 3 years in funding to support the municipal fire service in acquiring critical equipment and other needs (health and safety, minor infrastructure and specialized tools) to improve and enhance the level of fire protection service being provided. These approved funds are provided through what is known as the Fire Protection Grant. Year one of the Fire Protection Grant focuses on firefighter health and safety (specifically cancer prevention measures) and minor infrastructure updates. These themes were chosen based on feedback from fire stakeholders across Ontario about the challenges and risks firefighters face in performing their duties. The Ministry has identified four categories of eligibility: • Cancer Prevention – Equipment (such as exhaust extraction systems in the fire station or washing machines for firefighting gear to remove contaminants, etc.) • Cancer Prevention - Personal Protective Equipment (such as facepieces, balaclavas, etc.) • Cancer Prevention – Minor Infrastructure (such as showers in the fire station, etc.) • Technology – Minor Infrastructure (such as bringing internet to fire stations that do not currently have access to improve connectivity and training opportunities, etc.) The grant application window opened on July 23, 2024 and closed September 5, 2024. The City of Pickering is approved for $41,152.25 for: The funding would support: Provide firefighters with secondary sets of head harnesses for SCBA facepiece. Provide drying station for firefighter personal protective equipment. Provide an Active Air Purifier in priority responding vehicle within the fleet. - 100 - TP Agreement – Shortened Page 23 of 25 SCHEDULE “D” BUDGET Funding will be provided to the City of Pickering upon execution of this Agreement. Funding will be provided to the City of Pickering explicitly for the purchase of one, or a combination of, the items prescribed within the listed summary in Schedule "C". Copies of all invoices and receipts for said items will be provided to the Office of The Fire Marshal as part of the Report Back described in Schedule “F” that forms part of this agreement. The funds must be committed to the project as approved by March 31st, 2025. Subsequently, the funds must be spent by the municipality by the end of Provincial Financial Quarter Three (Q3) (December 31, 2025). - 101 - TP Agreement – Shortened Page 24 of 25 SCHEDULE “E” PAYMENT PLAN E.1 MAXIMUM FUNDS The Maximum Funds to be provided by the Province to the Recipient under this Agreement is set out in Schedule “B”. E.2 PAYMENT SCHEDULE The Funds will be provided to the Recipient for the Funding Year subject to the Agreement having been signed by the Province. - 102 - TP Agreement – Shortened Page 25 of 25 SCHEDULE “F” REPORTS As a condition of the Fire Protection Grant, a report back to the Office of the Fire Marshal must be received by the end of Provincial Financial Quarter, Q3, to outline how the grant was utilized and the benefit(s) seen at the department level. As part of the report back the municipality will provide copies of all invoices and receipts for the items purchased for the approved project(s) as noted in Schedule C. - 103 - Report to Council Report Number: OPS 02-25 Date: February 24, 2025 From: Brian Duffield Director, Operations Subject: Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park -Tender No. T2024-10 -File: A-1440 Recommendation: 1. That the bid submitted by WorldWide Turf Inc. in response to Request for Tender No. T2024-10 for Construction for Artificial Turf and Lighting Replacement at Bay RidgesKinsmen Park and Artificial Turf Replacement at Beverly Morgan Park, in the amount of$1,562,016.00 (net HST) or $1,734,550.00 (HST included) be accepted; 2.That the total gross project cost of $2,014,779.00 (HST included), including the amount of the tender, construction contingency, and other associated costs, and the total net project cost of $1,814,371.00 (net of HST rebate) be approved; 3.That the Director, Finance & Treasurer be authorized to finance the net project cost of$1,814,371.00 as follows and approved in the 2023, 2024 and 2025 Capital Budgets: a.The sum of $585,985.00 to be funded from the Casino Reserve as approved in the 2023 Capital Budget; b.The sum of $416,574.00 to be funded from the Canada Community Benefit FundReserve Fund as approved in the 2023 Capital Budget; c.The sum of $13,865.00 to be funded from the Rate Stabilization Reserve as approvedin the 2024 Capital Budget; d.The sum of $797,947.00 to be funded from the Canada Community Benefit Fund Reserve Fund as approved in the 2025 Capital Budget; 4.That the Director, Operations be authorized to enter into and execute the CCDC-2, 2020Stipulated Price Contract with the above-mentioned contractor pursuant to TenderT2024-10; 5.That the Director Finance & Treasurer, if required, be authorized to provide additionalfunding to offset tariff related additional costs that cannot be accommodated through thecontingency budget and/or other actions and that these additional costs be funded at thediscretion of the Director, Finance & Treasurer; and - 104 - OPS 02-25 February 24, 2024 Subject: Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park Page 2 6.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Executive Summary: The purpose of this report is to award a construction contract for artificial turf and lighting replacement at Bay Ridges Kinsmen Park as well as the replacement of artificial turf at Beverly Morgan Park. The artificial turf at Beverly Morgan Park was originally installed in 2014. The artificial turf and sports field lighting at Jayde Riviere Field within Bay Ridges Kinsmen Park were installed in 2008 and 1978, respectively. All are past their lifecycles and require replacement. The scope of work includes replacement of existing artificial turf for both fields and new pole sports field lighting at Jayde Rivere Field within Bay Ridges Kinsmen Park. RFT No. T2024-10 was advertised on the City’s Bids&Tenders portal on December 19, 2024, and closed on January 23, 2025. Five bids were submitted. All required pre-conditions of the award have been received and approved; therefore, the lowest compliant bid submitted by WorldWide Turf Inc. in the amount of $1,562,016.00 (net HST) or $1,734,550.00 (HST included), is recommended for approval. The total gross project cost is estimated to be $2,014,779.00 and the total net project cost is estimated at $1,814,371.00 (net of HST rebate). Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. Financial Implications: 1.Tender Amount Tender T2024-10 $1,535,000.00 HST (13%) 199,550.00 Total Gross Tender Cost $1,734,550.00 2. Estimated Project Costing Summary Tender T2024-10 $1,535,000.00 Consulting & Other Costs to Date 43,990.00 Controls 20,000.00 Contingency (12%) 184,000.00 Total Project Cost $1,782,990.00 HST (13%) 231,789.00 Total Gross Project Costs $2,014,779.00 HST Rebate (11.24%) (200,408.00) Total Net Project Cost $1,814,371.00 - 105 - OPS 02-25 February 24, 2024 Subject: Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park Page 3 3. Approved Source of Funds – Parks’ Capital Budget Approved Code Source of Funds Funds Available Funds Required C10320.2314 Casino Reserve $770,000.00 $585,985.00 C10320.2329 CCBF Reserve Fund 720,500.00 416,574.00 C10320.2433 Rate Stabilization Reserve 25,000.00 13,865.00 C10320.2433 CCBF Reserve Fund 1,030,000.00 797,947.00 Total Funds $2,545,500.00 $1,814,371.00 Costs shown above include previously committed and separately awarded consulting and related project fees. They are funded from the same accounts and have been included for clarity regarding the total cost of the project. At the time of writing this Report, the possible threat of Trump tariffs still exists and therefore, this Report also considers the reciprocal Canadian tariffs to be implemented by the Federal Government. It appears that the tariff situation is fluid and therefore, this section of the Report may be stale when Council considers the following information and its “financial impacts”. The turf component for this project is manufactured in the United States and could be subject to a Canadian Government reciprocal tariff. Assuming a 25 percent tariff, the additional cost could range from an estimated increase between $60,000.00 to $70,000.00 per field or $120,000.00 to $140,000.00 for two fields. The strategy to accommodate additional tariff costs is for the departments to follow, where applicable, the following guidelines: •first and if possible, to ask the vender to find either a Canadian or non-Americansupplier to avoid any tariff; •second option is for the Department to try to find surplus dollars through the project’s contingency account or find savings through possible review of project scope thatresults in a change in the cost profile of the project (that excludes the consideration orelimination of any item that provides health or safety features for our residents or staff);and •the third and last option is to seek additional funding for the project. Discussion: The purpose of this report is to award a construction contract for artificial turf and lighting replacement at Bay Ridges Kinsmen Park as well as the replacement of artificial turf at Beverly Morgan Park. Bay Ridges Kinsmen Park, located at 705 Sandy Beach Road, currently has artificial turf and ten poles with sports field lighting. Jayde Riviere Field within Bay Ridges Kinsmen Park is situated just west of the hydro corridor and features artificial turf originally installed in 2008 with Project Cost under (over) approved funds by $731,129.00 - 106 - OPS 02-25 February 24, 2024 Subject: Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park Page 4 pole mounted lights from 1978. Both the turf and lighting have deteriorated overtime and require replacement. The project will involve installing ten new pole-mounted LED lighting fixtures around the turf perimeter in their existing locations, reducing energy consumption. Additionally, new artificial turf with a shock pad will be installed to enhance safety and extend the turf’s lifespan by 12 to 15 years. Beverly Morgan Park, located east of Pineridge Secondary School at 2155 Liverpool Road, includes an artificial turf within an existing rubber track system. Originally installed in 2014, the artificial turf has reached the end of its lifecycle after more than ten years of use. The new installation will include artificial turf with a shock pad for added safety and to extend the turf’s lifespan by 12 to 15 years. The installation of both fields will take place sequentially to minimize disruption to user groups. Work at Beverly Morgan Park will begin on June 23, 2025, and is scheduled to be completed before the contractor moves on to Jayde Riviere Field at Bay Ridges Kinsmen Park on August 25, 2025. Work at Beverly Morgan Park is being prioritized due to its proximity and use by Pine Ridge High School. The entire project is expected to be finished by the end of the calendar year. RFT No. T2024-10 was advertised on the City’s Bids&Tenders portal on December 19, 2024, and closed on January 23, 2025. Five bids were submitted. All required pre-conditions of the award have been received and approved; therefore, the lowest compliant bid submitted by WorldWide Turf Inc. in the amount of $1,562,016.00 (net HST) or $1,734,550.00 (HST included), is recommended for approval. The total gross project cost is estimated to be $2,014,779.00 and the total net project cost is estimated at $1,814,371.00 (net of HST rebate). Attachment: None. Prepared By: Approved/Endorsed By: Brian Duffield Cathy Bazinet, CPPB, NIGP-CPP Director, Operations Manager, Procurement Vince Plouffe, OAA, MRAIC Stan Karwowski, MBA, CPA, CMA Division Head, Operations Services Director, Finance & Treasurer Original Signed By:Original Signed By: Original Signed By:Original Signed By: - 107 - OPS 02-25 February 24, 2024 Subject: Construction for Artificial Turf and Lighting Replacement at Bay Ridges Kinsmen Park and Artificial Turf Replacement at Beverly Morgan Park Page 5 BD:vp Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 108 - Report to Council Report Number: PLN 07-25 Date: February 24, 2025 From: Kyle Bentley Director, City Development & CBO Subject: Notice of Intent to Demolish 575 Highway 7 – The Vardon House -File: A-3300-098 Recommendation: 1. That the recommendations of the Pickering Heritage Advisory Committee, datedJanuary 22, 2025, to permit the demolition of 575 Highway 7, under Section 27 of the Ontario Heritage Act be endorsed; 2. That staff be directed to remove 575 Highway 7 from the Pickering Heritage Register; and 3.That staff be directed to continue to collaborate with the applicant to finalize aCommemoration Plan and report back to the Pickering Heritage Advisory Committee. Executive Summary: The purpose of this report is to obtain Council’s approval to permit the demolition of the Vardon House (c.1853), and its associated barn, at 575 Highway 7, a non-designated heritage property, under Section 27 of the Ontario Heritage Act. The Notice of Intent to Demolish, submitted by Caplink Limited, is in keeping with the approved Zoning By-law Amendment and Draft Plan of Subdivision for the applicant’s Phase II expansion of a food manufacturing facility. As part of Caplink’s development applications, a Heritage Impact Assessment (HIA) was completed in 2023, and subsequently peer reviewed by the City. The HIA determined that the property does not meet the criteria for designation under the Ontario Heritage Act. In 2023, the Pickering Heritage Advisory Committee did not oppose demolition, but recommended developing a Commemoration Plan, including salvaging materials. The Committee reaffirmed its recommendations at the January 22, 2025 meeting, when a Notice of Intent to Demolish was presented for review. As a result, the Committee recommended that Council approve the demolition. Staff support the demolition, citing economic development priorities, the planned preservation of the Percy House providing future heritage interpretation on the Caplink lands, and the heritage integrity of the Vardon House being compromised as a result of modern construction interventions over the past several decades. - 109 - PLN 07-25 February 24, 2025 Subject: Notice of Intent to Demolish 575 Highway 7 – The Vardon House Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Champion Economic Leadership & Innovation; Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. Financial Implications: No direct financial implications for the City are associated with the recommended action to designate. Background: The purpose of this report is to obtain Council’s approval to permit the demolition of the Vardon House (c.1853), and its associated barn, at 575 Highway 7, a non-designated heritage property, under section 27 of the Ontario Heritage Act. The property at 575 Highway 7, includes a one-and-a-half-storey Ontario Gothic Cottage, known as the Vardon House (circa 1853), along with a barn and landscape features reflecting the property’s agricultural history. It is listed as a non-designated property on the City’s Municipal Heritage Register, under Section 27 of the Ontario Heritage Act. As part of the applicant’s proposal, the Vardon House and barn are proposed to be demolished. 1. Discussion 1.1 The Vardon House and Barn The Vardon House is a one-and-a-half-storey Ontario Gothic Cottage with Neoclassical influences. The house is set back approximately 30 metres from Highway 7, with its façade facing the highway and slightly east of a straight, gravel driveway (see Photograph 1 below). Photograph 1: View of house and barn (WSP 2022) - 110 - PLN 07-25 February 24, 2025 Subject: Notice of Intent to Demolish 575 Highway 7 – The Vardon House Page 3 Believed to have been constructed in 1853, the Vardon House was originally built on a rectangular plan, with a rear addition projecting from the south elevation. The main façade of the structure was likely modified at an unknown date to include elements of the Gothic Revival style, such as a gabled centre bay with a steeply pitched roof, board and batten siding, gingerbread scrollwork and finial and pendant in the gable. The foundation material consists of board-formed concrete, and the foundation appears to be raised. This concrete foundation is likely a replacement for the original stone foundation. The one-and-a-half-storey rear addition has a gable roof and is sited on a concrete foundation. The west elevation is clad in board and batten, and the east and south elevations are clad in horizontal vinyl siding. The barn, a late-19th-century Central Ontario bank barn, retains some original elements, such as hand-hewn timbers, and mortise-and-tenon joints. While architecturally representative of its type, the barn is not unique within the region. 1.2 Heritage Value Assessment Under Ontario Regulation 9/06, a property must meet criteria related to physical/design, associative/historical, and contextual value to qualify for heritage designation. The Vardon House and barn exhibit the following heritage attributes: a. Physical/Design Value: • The Vardon House is a representative example of an Ontario Gothic Cottage, featuring a central gable peak, symmetrical three-bay façade, and decorative gingerbread scrollwork. It is one of the earliest examples of its kind in the area, retaining its original board-and-batten cladding. • The barn is a well-preserved example of a Central Ontario bank barn, characterized by a gambrel roof, banked access, and original construction materials, including hand-hewn timbers and mortise-and-tenon joints. b. Associative/Historical Value: • The property is associated with the Vardon family, early settlers in the region who contributed to the development of the local community. Historical records show the Vardon family established a school on the property in the mid-19th century. c. Contextual Value: • The Vardon House and barn are part of a historical agricultural landscape, contributing to the rural character of the Highway 7 corridor. They maintain physical and historical connections to the surrounding area, reinforcing the cultural heritage significance of the site. - 111 - PLN 07-25 February 24, 2025 Subject: Notice of Intent to Demolish 575 Highway 7 – The Vardon House Page 4 1.3 Caplink Redevelopment In May 2024, Council approved a Zoning By-law Amendment application, and endorsed a Draft Plan of Subdivision, submitted by Caplink Limited, to support the second phase of their food manufacturing facility (see Resolution #492/24, Attachment 1). The subject lands, municipally known as 575, 625 and 685 Highway 7, are located on the south side of Highway 7, east of North Road, and north of Highway 407 (see Location Map, Attachment 2). The facility includes six buildings for manufacturing, warehousing (distribution, logistics and freezer storage), and office spaces. The Draft Plan of Subdivision proposes the creation of eight blocks: six blocks for employment uses, two blocks for road widening along Highway 7 and North Road, and two new streets. On April 19, 2024, the Director, City Development & CBO issued draft plan approval (see Draft Approved Plan of Subdivision, Attachment 3). 1.4 Notice of Intent to Demolish On December 9, 2024, Caplink Limited submitted a demolition permit to demolish the Vardon House and barn to proceed with the works associated with the Council approved Zoning By-law Amendment and Draft Plan of Subdivision. In support of this permit, the applicant provided an updated Heritage Impact Assessment (HIA) and supporting documents (see Updated Heritage Impact Assessment, Attachment 4). Due to the December holiday season, the Pickering Heritage Advisory Committee did not hold its regular meeting. The applicant agreed to extend the 60-day consultation period to allow the matter to be reviewed at the January 2025 meeting (see Deferral Letter, Attachment 5). Staff reviewed the updated HIA and supporting documents and confirmed that the property does not meet the criteria for designation under the Ontario Heritage Act. Staff support issuing the demolition permit, and continuing collaborating with the applicant to develop a comprehensive Commemoration Plan for the site, prior to the registration of the draft plan of subdivision. 1.5 Heritage Pickering Advisory Committee A Notice of Intent to Demolish was submitted by Caplink Limited on December 9, 2024 to the City of Pickering. A report on the Notice of Intent to Demolish was presented to the Pickering Heritage Advisory Committee on January 22, 2025. The Committee recommended to Council that the demolition proceed and that work continue on the development of a Commemoration Plan, as required in the approved conditions of the draft plan of subdivision. 1.6 Commemoration Plan While the details of a Commemoration Plan are still being developed, the applicant has demonstrated a commitment to acknowledging the site’s historical significance. - 112 - PLN 07-25 February 24, 2025 Subject: Notice of Intent to Demolish 575 Highway 7 – The Vardon House Page 5 Salvaged materials from the Vardon House and barn will be integrated into the plan. The plan will be addressed comprehensively in a future memo to the Pickering Heritage Advisory Committee prior to the City releasing the draft plan of subdivision for registration. 2.Conclusion: The Pickering Heritage Advisory Committee concurs that 575 Highway 7 does not meritdesignation under Ontario Regulation 9/06 and recommends that Council remove the property from the City’s Municipal Heritage Register. The proposed demolition of the Vardon House and barn reflects the City’s commitmentto balancing heritage conservation with economic development. While these structurescontribute to the historical landscape of Highway 7, their physical alterations and thesite’s strategic designation for employment use support the decision not to pursue heritage designation. The HIA and its peer review confirm that the Vardon House does not meet the necessary criteria under the Ontario Heritage Act, and the PickeringHeritage Advisory Committee has not opposed its removal. Although the demolition will result in the loss of a historical asset, the City and theapplicant are taking responsible steps to mitigate the impact. A Commemoration Plan will ensure that the site’s heritage is acknowledged, with salvaged materials repurposed for educational or interpretive uses. Additionally, the restoration and repurposing of thePercy House for heritage interpretation serve as an alternative means to honour thehistory of this area of the City. Moving forward, staff will continue working with the applicant to finalize the Commemoration Plan and present a final plan to the Pickering Heritage Advisory Committee for review and endorsement. Attachments: 1.Council Resolution #492/242.Location Map3.Draft Approved Plan of Subdivision4.Updated Heritage Impact Assessment – 575 Highway 7, City of Pickering (revisedOctober 16, 2024) 5. Deferral Letter, January 6, 2025 - 113 - PLN 07-25 February 24, 2025 Subject: Notice of Intent to Demolish 575 Highway 7 – The Vardon House Page 6 Prepared By: Original Signed By Matt Somerville, CAHP Senior Planner, Heritage Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO MS:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 114 - Legislative Services Division Clerk’s Office Directive Memorandum May 31, 2024 To: Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on May 27, 2024 Director, City Development & CBO, Report PLN 12-24 Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Caplink Limited (575, 625 and 685 Highway 7) Seaton Community Council Decision Resolution #492/24 Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer 1.That Draft Plan of Subdivision Application SP-2023-03, submitted by CaplinkLimited, on lands being Part Lots 27 and 28, Concession 5, to establish a planof subdivision consisting of six blocks for employment uses, road widenings,and new municipal roads, as shown on Attachment 5 to Report PLN 12-24, andthe implementing conditions of approval, as set out in Appendix I, be endorsed; and, 2.That Zoning By-law Amendment Application A 11/23, submitted by CaplinkLimited, to implement Draft Plan of Subdivision SP-2023-03 and permit a foodmanufacturing campus on lands being Part Lots 27 and 28, Concession 5, be approved, and that the draft Zoning By-law Amendment as set out in AppendixII to Report PLN 12-24, be finalized and forwarded to Council for enactment. Attachment 1 to Report PLN 07-25 - 115 - Attachment 2 to Report PLN 07-25 North Roa d Highway 407 City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: SP-2023-03, A011/23 Date: Jul. 05, 2023 ¯ Caplink Limited 575,625 and 685 Highway 7 SubjectLands L:\PLANNING\01-MapFiles\SP\2023\SP-2023-03, A011-23 Caplink Limited\SP-2023-XX_LocationMap.mxd 1:10,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved.- 116 - Attachment 3 to Report PLN 07-25 L:\Planning\01-MapFiles\A-3300 Historical Heritage Conservation Jan. 15, 2024DATE: Applicant: Municipal Address: File No: Draft Plan of Subdivision FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A-3300-098 Caplink Ltd. 575 Highway 7 N - 117 - REPORT Heritage Impact Assessment 575 Highway 7, City of Pickering, Ontario Submitted to: Caplink Limited Submitted by: WSP Canada Inc. 25 York Street, suite 700 Toronto, ON, M5J 2V5 Canada CA-WSP-231-00193-00 Issued May 16, 2023; Revised October 16, 2024 Attachment 4 to Report PLN 07-25 - 118 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 i Distribution List One PDF copy - Caplink Limited One PDF copy - The Biglieri Group One PDF copy - WSP Canada Inc. - 119 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 ii Limitations The conclusions presented in this report are based on work performed by trained, professional and technical staff, in accordance with their reasonable interpretation of current and accepted engineering and scientific practices at the time the work was performed. The content and opinions contained in the present report are based on the observations and/or information available to WSP at the time of preparation, using investigation techniques and engineering analysis methods consistent with those ordinarily exercised by WSP and other engineering/scientific practitioners working under similar conditions, and subject to the same time, financial and physical constraints applicable to this project. WSP disclaims any obligation to update this report if, after the date of this report, any conditions appear to differ significantly from those presented in this report; however, WSP reserves the right to amend or supplement this report based on additional information, documentation or evidence. WSP makes no other representations whatsoever concerning the legal significance of its findings. The intended recipient is solely responsible for the disclosure of any information contained in this report. If a third party makes use of, relies on, or makes decisions in accordance with this report, said third party is solely responsible for such use, reliance or decisions. WSP does not accept responsibility for damages, if any, suffered by any third party as a result of decisions made or actions taken by said third party based on this report. WSP has provided services to the intended recipient in accordance with the professional services agreement between the parties and in a manner consistent with that degree of care, skill and diligence normally provided by members of the same profession performing the same or comparable services in respect of projects of a similar nature in similar circumstances. It is understood and agreed by WSP and the recipient of this report that WSP provides no warranty, express or implied, of any kind. Without limiting the generality of the foregoing, it is agreed and understood by WSP and the recipient of this report that WSP makes no representation or warranty whatsoever as to the sufficiency of its scope of work for the purpose sought by the recipient of this report. In preparing this report, WSP has relied in good faith on information provided by others, as noted in the report. WSP has reasonably assumed that the information provided is correct and WSP is not responsible for the accuracy or completeness of such information. The original of this digital file will be kept by WSP for a period of not less than 10 years. As the digital file transmitted to the intended recipient is no longer under the control of WSP, its integrity cannot be assured. As such, WSP does not guarantee any modifications made to this digital file subsequent to its transmission to the intended recipient. This limitations statement is considered an integral part of this report. - 120 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 iii Contributors CLIENT Caplink Limited Martin Ng, P. Eng Caplink Limited 1295 Ormont Drive, Toronto, ON M9L 2W6 WSP Report Preparation Claire Forward, BA (Hons.), MA, MSc Cultural Heritage Specialist Mapping/GIS Tanya Peterson, B.A. (Hons) Senior GIS Technician Report Review and Approval Heidy Schopf, MES, CAHP Cultural Heritage Team Lead Report Approval Mike Teal Archaeology Team Lead - 121 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 iv Executive Summary WSP Canada Inc. (WSP) was retained by the Biglieri Group on behalf of Caplink Limited (the Client) to complete a Heritage Impact Assessment (HIA) for the property located at 575 Highway 7 in the City of Pickering, Ontario (the subject property). This HIA is a revision of the HIA previously submitted for the project, dated May 16, 2023 (the 2023 HIA). The subject property was historically located in Lot 30, Concession V, Township of Pickering and now includes a one-and-a-half storey side gabled frame house with Gothic Revival exterior treatment (the Vardon House), constructed between 1850 and 1900, as well as a Central Ontario bank barn. The subject property is listed as a non-designated property on the City of Pickering Municipal Heritage Register pursuant to Section 27 (1.2) of the Ontario Heritage Act (OHA). The Client is proposing to develop property with the municipal addresses of 575, 625 and 685 Highway 7 for employment uses. As part of the proposed development, the Client intends to demolish the Vardon House and barn. On May 27, 2024, City Council approved the Draft Plan of Subdivision (City File No. SP-2023-03) and Zoning By-law Amendment (A 11/23) applications for Phase 2 of FGF Pickering Manufacturing Campus. The Phase 2 lands are approximately 36 hectares in size and located on the south side of Highway 7, east of North Road and north of Highway 407. The Draft approved Plan of Subdivision will create employment blocks, including six blocks for employment uses, two road widening blocks located along Highway 7 and North Road, and two new municipal roads (Wonder Drive and StonefireRoad). Item 57 of the Final Conditions of Approval dated April 19, 2024, requested the issuance of a revised HIA prior to final approval. This revised HIA addresses peer review comments received on the 2023 HIA. This HIA evaluated the subject property against the criteria of Ontario Regulation 9/06 (O. Reg. 9/06) (as amended by O. Reg. 569/22) and Ontario Regulation 10/06 of the Ontario Heritage Act. The heritage evaluation determined that the subject property possesses cultural heritage value or interest (CHVI) as a late nineteenth century Ontario Gothic Cottage that is associated with the early settlement of Pickering. Accordingly, a Statement of Cultural Heritage Value or Interest and list of heritage attributes have been developed. WSP assessed the proposed development plan to identify potential direct and indirect impacts to the CHVI and heritage attributes of the subject property. The impact assessment determined that: ▪ The proposed development will result in major direct impacts to 575 Highway 7 since the destruction of the Vardon House, barn, and associated landscape elements is proposed. The following alternatives, mitigation and conservation options were considered to avoid or reduce these adverse impacts to the heritage attributes of the property: 1) Do nothing: preserve and maintain the Vardon House, barn and all landscape heritage attributes in situ with no further development of the property. 2) Relocate the Vardon House within the site to a more convenient location with an adaptive reuse, dismantle and salvage heritage attributes from the barn and develop the manufacturing campus on the property. 3) Remove the Vardon House and barn salvaging heritage attributes from the structures and develop the manufacturing campus on the property. Based on a review of the alternatives, mitigation and conservation options analysis, Option 1, do nothing, is the preferred option from a cultural heritage perspective. However, a “do nothing” approach is not feasible as the - 122 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 v subject property is designated Prestige Employment and Seaton Natural Heritage System in the Pickering Official Plan. Option 2 was also not considered to be feasible as relocating the subject residence from its existing context would remove its contextual and diminish its historical or associative CHVI. As such, Option 3 is the next preferred alternative. The following conservation/mitigation strategies are recommended for Option 3, and should be implemented through the development application process: 1) Prepare a Cultural Heritage Resource Documentation Report for residence and barn on the subject property. 2) That options for symbolic conservation using salvaged materials be explored within the proposed development. 3) Should development plans change significantly in scope or design after approval of this HIA, additional cultural heritage investigations may be required. 4) Once finalized, a copy of this HIA should be distributed to the City of Pickering Local History Collection Digital Archive. - 123 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 vi GLOSSARY Adjacent lands Those lands contiguous to a protected heritage property or as otherwise defined in the municipal official plan (Government of Ontario 2024). Built Heritage Resource: Means a building, structure, monument, installation or any manufactured or constructed part or remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Indigenous community. (Government of Ontario 2024). Conserved: Means the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant planning authority and/or decision-maker. Mitigative measures and/or alternative development approaches should be included in these plans and assessments (Government of Ontario 2024). Cultural Heritage Landscape: Means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association (Government of Ontario 2024). Heritage Attributes: Means, as defined under the Ontario Heritage Act, in relation to real property, and to the buildings and structures on the real property, the attributes of the property, buildings and structures that contribute to their cultural heritage value or interest (Government of Ontario 2024). Protected Heritage Property: Means property designated under Part IV or VI of the Ontario Heritage Act; property included in an area designated as a heritage conservation district under Part V of the Ontario Heritage Act; property subject to a heritage conservation easement or covenant under Part II or IV of the Ontario Heritage Act; property identified by a provincial ministry or a prescribed public body as a property having cultural heritage value or interest under the Standards and Guidelines for the Conservation of Provincial Heritage Properties; property protected under federal heritage legislation; and UNESCO World Heritage Sites (Government of Ontario 2024). Significant: In regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for determining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act. (Government of Ontario 2024) - 124 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 vii Table of Contents 1 INTRODUCTION .......................................................................................................................................1 2 POLICY FRAMEWORK .............................................................................................................................5 2.1 United Nations Declaration on the Rights of Indigenous Peoples .....................................................5 2.2 Regulatory Requirements ................................................................................................................5 2.3 Guidance Documents .................................................................................................................... 10 3 PROJECT METHODOLOGY ................................................................................................................... 12 4 HISTORICAL CONTEXT ......................................................................................................................... 13 4.1 Indigenous History ........................................................................................................................ 13 4.2 Pre-Confederation Treaties ........................................................................................................... 14 4.3 Township survey and Settlement ................................................................................................... 14 4.4 Property History ............................................................................................................................ 16 5 EXISTING CONDITIONS ......................................................................................................................... 28 5.1 Residence ..................................................................................................................................... 28 5.2 Barn .............................................................................................................................................. 33 5.3 Landscape Conditions ................................................................................................................... 37 5.4 Property Context ........................................................................................................................... 39 5.5 Architectural Style ......................................................................................................................... 40 6 CONSULTATION .................................................................................................................................... 49 6.1 City of Pickering ............................................................................................................................ 49 6.2 Federal and Provincial Review ...................................................................................................... 49 7 DISCUSSION OF INTEGRITY ................................................................................................................. 50 8 CULTURAL HERITAGE EVALUATION ................................................................................................... 53 8.1 Ontario Regulation 9/06 Evaluation ............................................................................................... 53 8.2 Ontario Regulation 10/06 ............................................................................................................... 54 8.3 Statement of Cultural Heritage Value or Interest ............................................................................ 56 9 PROPOSED UNDERTAKING AND IMPACTS ......................................................................................... 58 - 125 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 viii 9.1 Description of Proposed Undertaking ............................................................................................ 58 9.2 Potential Impacts........................................................................................................................... 58 10 ALTERNATIVES, MITIGATION AND CONSERVATION OPTIONS ......................................................... 62 10.1 Options Analysis ........................................................................................................................... 65 10.2 Implementation and Monitoring...................................................................................................... 66 11 RECOMMENDATIONS ............................................................................................................................ 68 BIBLIOGRAPHY .............................................................................................................................................. 69 TABLES Table 5-1: Comparative analysis of heritage properties of a similar age, style and/or typology ........................... 44 Table 5-2: Comparative analysis of barns of a similar age, style and/or typology ............................................... 48 Table 7-1: Heritage Integrity Analysis for the Subject Property .......................................................................... 51 Table 8-1: Evaluation of 575 Highway 7 as per O. Reg. 9/06 ............................................................................. 53 Table 8-2: Evaluation of 575 Highway 7 as per O. Reg. 10/06 ........................................................................... 54 Table 9-1: Impact Grading................................................................................................................................. 60 Table 9-2: Evaluation of Impacts to Subject Property at 575 Highway 7 ............................................................. 60 Table 10-1: Alternatives, Mitigation and Conservation Options .......................................................................... 63 Table 10-2: Short-term, medium-term and long-term actions for Option 3 .......................................................... 67 FIGURES Figure 1: Project Location ...................................................................................................................................2 Figure 2: Location of Study Area in the City of Pickering, Ontario ........................................................................3 Figure 3: Map of Existing Conditions ...................................................................................................................4 Figure 4: 1860 Tremaine’s Map of the County of Ontario, Canada West ............................................................ 21 Figure 5: 1877 Illustrated Historical Atlas of the County of Ontario ..................................................................... 22 Figure 6: Location of the Study Area on 1914 NTS Map .................................................................................... 23 Figure 7: Location of the Study Area on 1922 NTS Map .................................................................................... 24 Figure 8: Location of the Study Area on 1943 NTS Map .................................................................................... 25 Figure 9: Location of the Study Area on 1954 Aerial Photograph ....................................................................... 26 Figure 10: Location of the Study Area on 2002 Aerial Photograph ..................................................................... 27 - 126 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 ix APPENDICES APPENDIX A FGF Food Manufacturing Campus – Phase 2 Draft Plan of Subdivision dated June 20, 2024 APPENDIX B Built Heritage Assessment: 575 Highway 7 APPENDIX C Assessor Qualifications - 127 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 1 1 INTRODUCTION WSP was retained by the Biglieri Group on behalf of Caplink Limited (the Client) to complete a Heritage Impact Assessment (HIA) for the property located at 575 Highway 7 in the City of Pickering, Ontario (the subject property) (Figure 1 to Figure 3). The subject property was historically located in Lot 30, Concession V, Township of Pickering and now includes a one-and-a-half storey side gabled frame house with Gothic Revival exterior treatment (the Vardon House), constructed between 1850 and 1900, as well as a Central Ontario bank barn. The subject property is listed as a non-designated property on the City of Pickering Municipal Heritage Register pursuant to Section 27 (1.2) of the Ontario Heritage Act (OHA). The Client is proposing to develop property with the municipal addresses of 575, 625 and 685 Highway 7 for employment uses. As part of the proposed development, the Client intends to demolish the Vardon House and barn. On May 27, 2024, City Council approved the Draft Plan of Subdivision (City File No. SP-2023-03) and Zoning By-law Amendment (A 11/23) applications for Phase 2 of FGF Pickering Manufacturing Campus. The Phase 2 lands are approximately 36 hectares in size and located on the south side of Highway 7, east of North Road and north of Highway 407. The Draft approved Plan of Subdivision will create employment blocks, including six blocks for employment uses, two road widening blocks located along Highway 7 and North Road, and two new municipal roads (Wonder Drive and Stonefire Road). Item 57 of the Final Conditions of Approval dated April 19, 2024, requested the issuance of a revised HIA prior to final approval. This revised HIA addresses peer review comments received on the 2023 HIA. In March 2023, the subject property was transferred to: Caplink Limited 1295 Ormont Drive, Toronto, ON M9L 2W6 The subject property was previously owned by: Infrastructure Ontario Suite 2000, 1 Dundas Street West Toronto, ON, M5G 1Z3 This HIA has been structured to adhere to the City of Pickering’s Terms of Reference: Heritage Impact Assessments (City of Pickering 2022) and guidance provided in the Ministry of Citizenship and Multiculturalism (MCM) Ontario Heritage Tool Kit: Heritage Resources in Land Use Planning Process (MCM 2006); the OHA; Section 2(d) of the Planning Act; and Section 2.6.3 of the Provincial Policy Statement (2020). This document will provide: ▪ A background on the project and introduction to the development site; ▪ A description of the methodology used to investigate and evaluate the subject property; ▪ A summary of background research and analysis related to the subject property; ▪ An assessment of exterior existing conditions; ▪ An evaluation of the subject property for Cultural Heritage Value or Interest (CHVI) and a Statement of Cultural Heritage Value or Interest and list of heritage attributes, if applicable; ▪ A description of the proposed development and a summary of potentially adverse impacts; and, ▪ An assessment of alternative options, mitigation measures and conservation methods to be considered to avoid or limit negative impacts to the CHVI of the subject property. - 128 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 1 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 6 : 3 5 : 3 0 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. IMAGERY: SOURCES: ESRI, HERE, GARMIN, INTERMAP, INCREMENT P CORP., GEBCO, USGS,FAO, NPS, NRCAN, GEOBASE, IGN, KADASTER NL, ORDNANCE SURVEY, ESRI JAPAN, METI, HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO PROJECT LOCATION 231-00193-00 0001 1 1 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND WATERCOURSE RAILWAY STUDY AREA KEY MAP 1:500,000SCALE 1:15,000 METRES 0 300 600150 - 129 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 2 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 6 : 3 7 : 1 3 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. IMAGERY: SOURCES: ESRI, HERE, GARMIN, INTERMAP, INCREMENT P CORP., GEBCO, USGS,FAO, NPS, NRCAN, GEOBASE, IGN, KADASTER NL, ORDNANCE SURVEY, ESRI JAPAN, METI, HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO LOCATION OF STUDY AREA IN THE CITY OF PICKERING,ONTARIO 231-00193-00 0001 1 2 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 KEY MAP 1:500,000SCALE - 130 - BARN HOUSE HIGHWAY 7 PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 3 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 2 9 : 3 1 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. IMAGERY: © 2024 REGIONAL MUNICIPALITY OF DURHAM; 2022 ORTHOPHOTOGRAPHYPROVIDED BY © FIRST BASE SOLUTIONS INC.; © KING'S PRINTER FOR ONTARIO, 2024. HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO EXISTING CONDITIONS 231-00193-00 0001 1 3 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:600 METRES 0 10 205 - 131 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 5 2 POLICY FRAMEWORK 2.1 United Nations Declaration on the Rights of Indigenous Peoples On June 21st, 2021, the Canadian federal government enacted United Nations Declaration on the Rights of Indigenous Peoples Act and confirmed that the United Nations Declaration on the Rights of Indigenous Peoples (Declaration - 2007) “must be implemented in Canada.” As a result, Indigenous peoples in Canada are recognized as having unique rights, including those that pertain to the conservation of Indigenous heritage. As per Articles 11 and 31 of the Declaration: 11. 1) Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. 31. 1) Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2) In conjunction with Indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights. These rights to historical sites, ceremonies, cultural traditions, etc. (collectively understood as Indigenous heritage) are pertinent to the land development process through Articles 25 and 26 of the Declaration, which state that: 25. Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. 26. 1) Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2) Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3) States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions, and land tenure systems of the Indigenous peoples concerned. 2.2 Regulatory Requirements 2.2.1 Planning Act and Provincial Planning Statement The Planning Act (1990) and the Provincial Planning Statement (PPS) [Ministry of Municipal Affairs and Housing (MMAH), 2024] issued under Section 3 of the Planning Act, provide Ontario-wide policy direction on land use planning. All decisions affecting land use planning “shall be consistent with” the PPS. Policies pertaining to Cultural Heritage and Archaeology are contained within Section 4.6 of the PPS. The property - 132 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 6 does not contain a protected heritage property as defined in the 2024 PPS, as such, the below are provided for information purposes. 4.6.1. Protected heritage property, which may contain built heritage resources or cultural heritage landscapes, shall be conserved. 4.6.3. Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property unless the heritage attributes of the protected heritage property will be conserved. 2.2.2 Ontario Heritage Act The OHA gives municipalities and the provincial government powers to preserve the heritage of Ontario, with a primary focus on protecting heritage properties and archaeological sites. The OHA grants authority to municipalities and the province to identify and designate properties of heritage significance, provide standards and guidelines for the preservation of heritage properties and enhance protection of heritage conservation districts, marine heritage sites and archaeological resources. Properties can be designated individually (Part IV of the OHA) or as part of a larger group of properties, known as a Heritage Conservation District (Part V of the OHA). Designation offers protection for the properties under Sections 33 and 34 of the OHA, prohibiting the owner of a designated property from altering, demolishing or removing a building or structure on the property unless the owner applies to the council of the municipality and receives written consent to proceed with the alteration, demolition or removal. The Ontario Heritage Act, R.S.O. 1990, c. O.18, gives municipalities and the provincial government powers to protect heritage properties and archaeological sites (Government of Ontario 1990). The Ontario Heritage Act includes two regulations for determining Cultural Heritage Value or Interest (CHVI): O. Reg. 569/22 and O. Reg. 10/06. O. Reg. 569/22 provides criteria to determine the CHVI of a property at a local level while O. Reg. 10/06 provides criteria to determine if a property has CHVI of provincial significance. For this study, O. Reg. 569/22 is used to evaluate the Study Area at a local level. 2.2.2.1 Ontario Regulation 9/06 The evaluation of cultural heritage resources is guided by Ontario Regulation 9/06 (O. Reg 9/06) (as amended by O. Reg. 569/22), which provides nine criteria for determining CHVI. The criteria set out in the regulation were developed to identify and evaluate properties for designation under the OHA. Best practices in evaluating properties that are not yet protected employ O. Reg. 9/06 to determine if they have CHVI. The criteria for determining CHVI under O. Reg. 9/06 are: 1) The property has design or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method, 4) The property has design or physical value because it displays a high degree of craftsmanship or artistic merit, or 5) The property has design or physical value because it demonstrates a high degree of technical or scientific achievement. 6) The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community, 7) The property has historical value or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture, or - 133 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 7 8) The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 9) The property has contextual value because it is important in defining, maintaining or supporting the character of an area, 10) The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings, or 11) The property has contextual value because it is a landmark. 2.2.2.2 Ontario Regulation 10/06 O. Reg. 10/06 provides the criteria to determine if a property has CHVI of provincial significance. This regulation was created in 2006 to be utilised to identify properties of provincial heritage significance under the Ontario Heritage Act. The criteria for determining CHVI of provincial significance under O. Reg. 10/06 include: 1) The property represents or demonstrates a theme or pattern in Ontario’s history. 2) The property yields, or has the potential to yield, information that contributes to an understanding of Ontario’s history. 12) The property demonstrates an uncommon, rare or unique aspect of Ontario’s cultural heritage. 13) The property is of aesthetic, visual or contextual importance to the province. 14) The property demonstrates a high degree of excellence or creative, technical or scientific achievement at a provincial level in a given period. 15) The property has a strong or special association with the entire province or with a community that is found in more than one part of the province. The association exists for historic, social, or cultural reasons or because of traditional use. 16) The property has a strong or special association with the life or work of a person, group or organization of importance to the province or with an event of importance to the province. 17) The property is located in unorganized territory and the Minister determines that there is a provincial interest in the protection of the property. 2.2.3 Envision Durham (2023) On September 3, 2024, the Minister of Municipal Affairs and Housing approved the new Durham Region Official Plan “Envision Durham” (Durham Region 2023). The 2023 Official Plan contains goals and policies that guide long-term planning and development within the region. Chapter 3 of the Official Plan contains policies pertaining to built and cultural heritage for the region and encourage area municipalities to address cultural heritage resources in greater detail within their local official plans. 2.2.4 City of Pickering Official Plan The City of Pickering Official Plan (2018) provides cultural heritage conservation policies in Chapter 8. The following policies provide guidance for development proposals that may impact cultural heritage resources. - 134 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 8 8.2 City Council shall: a) identify important cultural heritage resources from all time periods, so that they can be appropriately conserved and integrated into the community fabric, including: i) significant heritage structures, features and sites; ii) buildings, sites, and artifacts of historical, archaeological and architectural significance including modern or recent architecture; iii) significant landscape features and characteristics, including vistas and ridge lines; and iv) other locally important cultural heritage resources; b) foster public awareness and appreciation of the City’s cultural heritage; c) prevent the demolition, destruction or inappropriate alteration of important cultural heritage resources to the extent possible; d) where possible, restore, rehabilitate, maintain and enhance important cultural heritage resources owned by the City, and encourage the same for those owned by others; e) where possible, ensure development, infrastructure, capital works and other private and public projects conserve, protect and enhance important cultural heritage resources; and f) involve the public, business-people, landowners, local heritage experts, heritage committees, relevant public agencies, and other interested groups and individuals in cultural heritage decisions affecting the City. Cooperation with Others 8.3 City Council shall: a) assist in identifying, protecting and promoting cultural heritage resources in the municipality, in cooperation with Federal, Provincial and Regional levels of government, as well as private agencies and individuals; b) consult with its local architectural conservation advisory committee and other heritage committees, and participate with these committees and others in protecting important heritage resources, as necessary, through assembling, resale, public-private partnerships, acquisition or other forms of involvement; c) ensure that plans, programs and strategies prepared by or for the City and its boards or commissions, shall respect the character and significance of the City’s heritage resources; and d) use and encourage the use of available government and non-government funding and programs to assist in cultural heritage resource conservation. Ontario Heritage Act 8.4 City Council, in consultation with its heritage committee, where warranted shall implement the provisions of the OHA, including the designation under the Act of heritage sites and heritage districts. - 135 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 9 Cultural Heritage Inventory 8.7 City Council, in association with its heritage committee, shall: a) conduct an inventory of heritage resources owned by the City, its boards and commissions, and establish an overall program for the maintenance, use, reuse or, if warranted, disposal of these resources; b) maintain an inventory of heritage resources designated or worthy of designation under the OHA; and c) store and disseminate cultural heritage resource inventories and databases in convenient and publicly accessible locations and formats, and maintain an archive of heritage conservation information. Cultural Heritage Alteration and Demolition 8.8 City Council, in consultation with its heritage committee, shall: a) allow alterations, additions or repairs to buildings designated under the OHA, provided the changes to the building do not detrimentally affect the heritage value; b) allow new buildings, or alterations, additions or repairs to existing buildings within a Heritage Conservation District that are consistent with the District Conservation Guidelines; c) discourage or prevent the demolition or inappropriate alteration of a heritage resource, but where demolition or inappropriate alteration is unavoidable: i) consider the acquisition and conservation of the resource; and ii) if acquisition is not possible, conduct a thorough review and documentation of the resource for archival purposes; and d) ensure that designated cultural heritage buildings, and other important cultural heritage resources that are vacant for an extended period of time are inspected regularly to discourage vandalism and monitor conformity with the City’s Maintenance and Occupancy By-law. Guidelines for Use and Reuse 8.9 City Council shall consider the following guidelines on the use and reuse of heritage resources: a) maintain, if possible, the original use of heritage structures and sites, and if possible, retain the original location and orientation of such structures; b) where original uses cannot be maintained, support the adaptive reuse of heritage structures and sites to encourage resource conservation; and c) where no other alternative exists for maintaining heritage structures in their original locations, allow the relocation of the structure to appropriate sites or areas. - 136 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 10 Documenting Former Built Heritage Resources 11.64 City Council requires that where preservation of a built heritage resource is not possible, new development shall document the historical context of the built heritage resource through one or more of the following techniques: a) the preservation and display of fragments of former buildings, structures and landscaping in their historic context; b) marking the traces of former locations, shapes and circulation lines of buildings, structures, travel routes and spaces; c) the display of graphic material describing the former structures and landscape complex; d) recall the former architecture, plan and landscaping in the new development; and e) the salvage of information through archaeological exploration and recording of buildings, structures and landscape through measured drawings and photogrammetry. 2.3 Guidance Documents The MCM’s Heritage Resources in the Land Use Planning Process (2006) identifies HIAs as an important tool to evaluate built heritage resources and cultural heritage landscapes and to determine appropriate conservation options. The document identifies what an HIA should contain and any specific municipal requirements. To determine the effect that a proposed development or site alteration may have on a significant cultural heritage resource, this guidance document outlines seven potential direct or indirect impacts: ▪ Direct Impacts ▪ Destruction of any, or part of any, significant heritage attributes or features; ▪ Alteration that is not sympathetic, or is incompatible, with the historic fabric and appearance; ▪ Indirect Impacts ▪ Shadows created that alter the appearance of a heritage attribute or change the viability of a natural feature or plantings, such as a garden; ▪ Isolation of a heritage attribute from its surrounding environment, context or a significant relationship; ▪ Direct or indirect obstruction of significant views or vistas within, from, or of built and natural features; ▪ A change in land use such as rezoning a battlefield from open space to residential use, allowing new development or site alteration to fill in the formerly open spaces; ▪ Land disturbances such as a change in grade that alters soils, and drainage patterns that adversely affect an archaeological resource. The MCM’s Eight Guiding Principles in the Conservation of Historic Properties (2007), provide guiding principles for the development of appropriate conservation or mitigation measures: - 137 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 11 1) Respect for documentary evidence: Do not base restoration on conjecture. Conservation work should be based on historical documentation, such as historical photographs, drawings and physical evidence. 2) Respect for the original location: Do not move buildings unless there is no other means to save them. Site is an integral component of a building. Any change in site diminishes heritage value considerably. 18) Respect for historical material: Repair or conserve rather than replace building materials and finishes, except where absolutely necessary. Minimal intervention maintains the historical content of the resource. 19) Respect for original fabric: Repair with like materials, to return the resource to its prior condition without altering its integrity. 20) Respect for the building’s history: Do not restore to one period at the expense of another. Do not destroy later additions to a house solely to restore it to a single time period. 21) Reversibility: Alterations should be able to be returned to original conditions. This conserves earlier building design and technique. For instance, when a new door opening is put in a stone wall, the original stones are numbered, removed and stored, allowing for future restoration. 22) Legibility: New work should be distinguishable from old. Buildings should be recognized as products of their own time, and new additions should not blur the distinction between old and new. 23) Maintenance: With continuous care, future restoration will not be necessary. With regular upkeep, major conservation projects and their high costs can be avoided. - 138 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 12 3 PROJECT METHODOLOGY An HIA evaluates the proposed impact of development on the heritage attributes of a property of potential CHVI. This HIA is guided by the MCM Ontario Heritage Tool Kit: Heritage Resources in the Land Use Planning Process; the OHA; Section 2(d) of the Planning Act; Section 2.6.3 of the PPS, and the City of Pickering Terms of Reference: Heritage Impact Assessments (2022). To address the requirements of an HIA, this report provides the following information: ▪ A summary of the history of the immediate context informed by a review of archival sources and historical maps; ▪ Exterior and interior photographic documentation of the subject property, project location, and context; ▪ A written description of the existing conditions and context of the subject property; ▪ An evaluation of the subject property according to O. Reg. 9/06 and O. Reg. 10/06; ▪ Preparation of a Statement of Cultural Heritage Value or Interest and list of heritage attributes, if applicable; ▪ A review of the proposed intervention; ▪ Identification of impacts; ▪ The identification and analysis of mitigation opportunities, as required; ▪ The preferred strategy recommended to best protect and enhance the CHVI and heritage attributes of the cultural heritage resource; and ▪ A summary statement and conservation recommendations. - 139 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 13 4 HISTORICAL CONTEXT 4.1 Indigenous History The cultural history of southern Ontario began approximately 11,000 years ago when the glaciers had melted, and the land was re-exposed. The land was quickly settled by bands of hunters and gatherers who are thought to have been large game hunters. This period is referred to as the Paleo-Indian Period and it is thought to have lasted until approximately 9,000 years ago. After 9,500 years ago, there was a long period when the climate was variable and the bare lands left by the glaciers were becoming re-forested, resulting in patchier, more diverse ecozones. This period is referred to as the Archaic Period and it is thought to have lasted until 3,000 years ago as people were adapting to diverse environmental settings. The Archaic adaptation is generally thought to have centered on localized resources, often forest resources, and groups of people are thought to have been less mobile, an adaptation that continued to develop until the arrival of Europeans. In southern Ontario, the Archaic Period is divided into the Early, Middle and Late Archaic. The Archaic Period is followed by the Woodland Period. The major technological change in the Early Woodland Period is the introduction of pottery. During this time, people are thought to have developed more community organization and the manufacture of clay pottery is thought to indicate less residential mobility. The Early Woodland Period transitioned into the Middle Woodland Period approximately 2,400 years ago. During the Middle Woodland Period in southern Ontario community and kin identity became more deeply entrenched, and more sedentary communities developed. By around 500 Common Era (CE), maize cultivation had been widely adopted in Ontario, marking the transition between the Middle Woodland and Late Woodland Periods. The Late Woodland Period saw the development of recognizable Iroquoian and Anishnaabe cultures in southern Ontario, as well as intensified cultivation of crops such as corn, beans, squash, sunflower and tobacco. Greater sedentism led to increasing settlement populations and greater complexity of settlement organization. Village sites dating to this time are often found on terraces overlooking the floodplains of large rivers, though settlements were also located near smaller watercourses. Iroquoian villages tended to be small, palisaded compounds with longhouses occupied by families. As the Late Woodland Period progressed, more intercommunity communication and integration became necessary to maintain the sedentary agricultural way of life. Later Iroquoian villages were larger and more heavily palisaded, and longhouses were larger also. Algonquian settlements tended to be less populous and temporary. When French explorers, missionaries, and fur traders arrived in southern Ontario in the early 17th century, they met diverse communities across the Great Lakes region, such as the nations of the Iroquoian Wendat (Huron), Attawandaron (Neutral), Tionnontaté or Khionontateronon (Petun), and Haudenosaunee (Six Nations), and Anishnaabe Ojibwe, Odawa, Nipissing, and Algonquin. Contact with Europeans disrupted the traditional Indigenous political dynamics, allegiances, and ways of life at different times and to varying degrees throughout Ontario. By the mid-17th century, European disease and conflict had driven the Wendat, Attawandaron, Tionnontaté or Khionontateronon from their traditional territories and they were forces to relocate to other regions as way of survival for their Nations. Indigenous lifeways adapted in complex and varied ways as European colonization intensified from the 18th century onwards, and after the British colonial regime gained control of Canada in 1763, Treaties were established between the Crown and Indigenous Nations for lands across Ontario. It is now recognized that the British —and later Canadian governments— and Indigenous Nations had different understandings of these treaties, but they remain legally binding agreements that “form the basis of the relationship between - 140 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 14 Indigenous and non-Indigenous people” (Government of Ontario 2021). Presently, there are ongoing land claims between Indigenous Nations and the Government of Canada related to differing perspectives on treaty lands and traditional territory in Ontario (Sault 2021; Six Nations of the Grand River 2022; Mississaugas of the Credit First Nation 2022; and Haudenosaunee Confederacy 2022). Presently, Durham Region has developed the following land acknowledgement to recognize the traditional territory of Indigenous Nations who called, and still call, the land home before the arrival of settlers: "The Region of Durham exists on lands that the Michi Saagiig Anishinaabeg inhabited for thousands of years prior to European colonization. These lands are the traditional and treaty territories of the Nations covered under the Williams Treaties, including the Mississaugas of Scugog Island First Nation, Alderville First Nation, Hiawatha First Nation, Curve Lake First Nation, and the Chippewa Nations of Georgina Island, Beausoleil and Rama. We honour, recognize, and respect Indigenous Peoples as rights holders and stewards of the lands and waters on which we have the privilege to live. In our efforts towards reconciliation, we continue to build and strengthen relationships with First Nations, as well as the large Métis communities and growing Inuit communities here in Durham. We commit to learning from Indigenous values and knowledge, building opportunities for collaboration, and recognizing that we are all connected”. (Durham Region 2023) 4.2 Pre-Confederation Treaties The subject property, located in the City of Pickering, is situated on the lands of the William Treaties and the Johnson-Butler Purchase. The Williams Treaties were signed in October and November of 1923 between the Crown and seven First Nations groups, including the Chippewa of Lake Simcoe (Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation) and the Mississauga of the north shore of Lake Ontario (Alderville First Nation, Curve Lake First Nation, Hiawatha First Nation, and Mississaugas of Scugog Island First Nation). The Williams Treaties were the last of the land cession treaties to be signed in Canada, which transferred over 20,000 square kilometers of land in south-central Ontario to the Crown. 4.3 Township survey and Settlement The District of Nassau, created in 1788, was one of four original districts dividing what is now the Province of Ontario. This district was later renamed the Home District, which stretched form the Trent River to Long Point and north to the Severn River. Over the following years these districts were divided until there were 20 districts in all. In 1853, Ontario County was separated from the United Counties of Ontario, York and Peel. In 1869, Ontario County was estimated at 360,000 acres with 210,000 acres of which were cleared and under cultivation (Conner and Coltson, 1869). By 1854, Ontario County included nine townships: Brock, Mara, Pickering, Rama, Reach, Scott, Thorah, Uxbridge, and Whitby. In the latter half of the nineteenth century the County was known for the quality of its grains and the principal manufactures were flour and lumber (Conner and Coltson, 1869). Ontario County was dissolved in 1974 and the Townships of Rama and Mara were added to Simcoe County. 4.3.1 Pickering Township Pickering Township was established in 1791 when Augustus Jones began to survey the area on behalf of the government of Upper Canada. The eastern part of the township was settled by Loyalists, disbanded soldiers, - 141 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 15 emigrants from the United Kingdom, and a large number of Quakers from both Ireland and the United States (US) (Farewell, 1907). Loyalists and their relatives held the vast majority of land grants in Pickering Township in the years following the revolution (Johnson, 1973). By 1793, Kingston Road was opened to serve as a horse path extending east from Simcoe’s Dundas Street, and in 1799, a rough roadway had been cut from Duffin’s Creek to Port Hope. While early roadworks made the Township more accessible to prospective settlers, actual settlement of Pickering Township proceeded very slowly. Although the first land patent was awarded to Major John Smith in 1792, the first legal settler in Pickering was William Peak in 1798 (Armstrong, 1985; Farewell, 1907). Difficulty clearing the forest led Peak and other early settlers to pursue non-agricultural means to augment income, including trading with local Indigenous Peoples (Johnson, 1973). Population growth and township development remained slow during the early nineteenth century. The War of 1812 halted much of the county and township’s development. After the conflict, increased road traffic provided a boost in business to local innkeepers while soldiers worked to improve existing road conditions. With improved roadways, and a substantial water course in Duffin’s Creek, Pickering Township was soon able to establish saw and grist mills for the production of lumber and grain for export through Toronto. By 1817, the population was 330 (Johnson, 1973). Changes in land-granting policies in the early nineteenth century led to further sales of land in Pickering Township and by 1820 the population was 575 (Johnson, 1973), which grew to 830 by 1825 (Johnson, 1973). A post office was established in 1829 but the hamlet of Duffin's Creek developed slowly. That same year, the Crown worked with the New England Company, a missionary group, to encourage farming and education for the First Nations people. The community that is now known as Curve Lake First Nation was established (Curve Lake First Nation, n.d.). The construction of the Grand Trunk Railway in 1856 and growing agricultural prosperity stimulated the community's development as an important grist-milling and local commercial centre. However, Pickering Township was slow to develop. By 1861 growth had stalled and between 1861 and 1891 a decline in population occurred. Inflation and a depression between 1874-76 did little to help. The population of Pickering Township peaked at 8,002 in 1861 (Johnson, 1973) and by 1891 numbered 5,998 (Johnson, 1973). Through most of the nineteenth and twentieth centuries, the township remained primarily agricultural. As many communities on the periphery of Toronto, development increased following the Second World War. Manufacturing companies also moved to the township following the construction of Highway 401 in the 1950s and in 1974 the township was divided into eastern and northern parts. In 1974, the villages of Brougham, Claremont, Green River, Greenwood and Whitevale amalgamated to become the Town of Pickering. In 2000, the Town became incorporated as a City. 4.3.2 Community of Whitevale Situated 1.3 km to the southwest of the subject property, the community of Whitevale was founded in 1820 by John Major who built a sawmill along Duffin’s Creek. The community as first known as Majorville as John Major and multiple members of his family lived on the surrounding properties. In 1845, Ira White arrived in Majorville and took over the sawmill. In 1855, the sawmill was purchased by his son, Truman. P. White, who also constructed a grist mill and a cooperage. In the same year, the community also constructed its first general store (Wood, 1911). He later constructed a planning factory in 1866, a brick woollen mill in 1867, and - 142 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 16 a schoolhouse sometime later. Truman White became a central pillar of the community, and the small hamlet was named Whitevale after him. By 1874, Whitevale contained three general stores, three dressmakers, three gardeners, two shoemaker shops, two churches, two blacksmiths, two wagon shops, a stave and heading factory, a barrel factory, a wagon and carriage factory, a cheese factory, a merchant and tailoring firm, a butcher shop, a tinsmith shop, a school house, an undertakers, a harness shop, a grist mill, a brush factory, a grindstone factory, a barber shop, a post office, and a hotel (Wood, 1911; Whitevale, n.d.). The continued prosperity of Whitevale did not last and during the last quarter of the nineteenth century the community was struck by separate fires at the cooperage, the carriage factory, the public hall, planning mill, grist mill, and the woollen mill. These problems were compounded when Whitevale was bypassed by the Ontario-Quebec railway line, built in 1884 (Whitevale, n.d.). Whitevale remains as an unincorporated community of the City of Pickering. 4.3.3 Community of Green River Situated approximately 3 kilometres west of the subject property, the community of Green River was first settled by Benjamin Doten. Doten arrived in 1849 and established a wagon and blacksmith shop known as Dotenville Carriage Works. The Osburn, Rice, Runnals, Vardon, Ferrier, Turner, MacIntyre, Poucher, and the Winter families were among the early families to settle in Green River. William Barnes built a sawmill in 1857 and by 1870, he added a factory to produce tubs, fork and brush handles, and baskets. Edward and John Smith were an integral part of the development of Green River, in the early 1870s, they purchased a sawmill and restored it to working order, the also erected a grist mill, a store, and a public hall in the village; they also aided in the establishment of a post office in 1870 (Mika & Mika, 1981). In 1974, Green River was incorporated into the newly created Town of Pickering in the Regional Municipality of Durham. 4.4 Property History The Euro-Canadian land use history for 575 Highway 7, Pickering was produced using census returns, land registry records, city directories, historical mapping, and other primary and secondary sources, where available. The subject property is within Lot 30, Concession V, in the Geographic Township of Pickering, Ontario County. now the City of Pickering. The property history has been completed with land registry records, historical maps and census records. It should be noted that the absence of structures or other features shown on the historical maps does not preclude their presence on these properties. Illustrating all homesteads on the historical atlas maps would have been beyond the intended scope of the atlas and, often, homes were only illustrated for those landowners who purchased a subscription. The key information gathered from primary sources regarding the early history of the property includes: ▪ May 17, 1802: All 200 acres granted to Isabella Hill. ▪ November 28, 1816: All 200 acres were sold to James Tinline (Instrument No. 12947, Page 46). ▪ 1837: No occupants are listed for Lot 30, Concession V in the 1837 City of Toronto and the Home District Commercial Directory and Register (Walton, 1837). - 143 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 17 ▪ September 4, 1841: Angelica Givins and others sold 200 acres to William Turner for £600.00 (Instrument No. 18802, Page 46). ▪ 1842: Robert and Thomas Vardon and their families arrived from New Brunswick in 1842 and settled on Lots 29 and 30, Concession V (Wood, 1911). ▪ October - November 1845: The north half of the lot was purchased by Thomas Vardon (Book 40, Instrument No. 25655, Page 46). Thomas went on to subdivide the north half of Lot 30, Concession V; the south half of the north half of the lot was sold to Robert Vardon on December 17, 1845 and the northwest corner of the lot was sold to the Municipal Council on November 5, 1844, no compensation is listed in the abstract book (Book 40, Instrument No. 26248 and 28470, Page 46). ▪ A school was located on the subject property, the exact date is unknown, however archival information suggested it was built between 1842 (Plate 1) and 1848. - 144 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 18 Plate 1: History of the Green River School, c. 1965 (Courtesy of the Pickering Public Library) The book Past Years in Pickering : Sketches of the History of the Community indicates: The first school in Section No. 11 (Green River) was built at Brunswick Hill in 1839 or the early thirties, the second about the year 1848 on Lot 30, Concession V. (Wood, p. 172) The Vardons, Turners and other New Brunswick families which settled in the neighbourhood were loyal Baptists, and as soon as possible secured the services of such ministers as were available. The first services were held in the School house on the corner of the Vardon farm. One of the earliest who ministered to them was Rev. Thomas Gostick, who, commencing with the year 1843, seems to have been for a time their regular pastor. In 1847, Thomas L. Davidson, a student of the - 145 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 19 Canada Baptist College, Montreal, was called and soon after ordained. In that year also a chapel was erected on Brunswick Hill, and opened and dedicated on May 28th, 1848. The deacons at this time were William Winter, W. B. Clark and Robert Vardon. (Wood, p. 96) Roswell’s City of Toronto Directory and County of York for 1850-1851 (Armstrong, 1850) lists several occupants for Lot 30, Concession V, including Thomas Burton, Edward Evans, George Varden [sic] and Robert Varden [sic]. No information regarding the presence of structures is provided in the directory. The 1851 Agricultural Census lists Thomas Vardon as actively farming 50 acres of Lot 30, Concession V (Item No. 1413972, Page 277).Thomas Vardon and his wife Hannah aged 47 and 42 years respectively are enumerated in the 1851 Census. Thomas’s occupation is listed as a farmer, the census also notes that both Thomas and Hannah were born in New Brunswick and belong to the Baptist church. The Census also notes that the residence is noted as being outside of the village limits, no information regarding the house is provided in the Census (Item No. 1413988, Page 245). Original concession roads are illustrated on the 1860 Tremaine Map of Ontario County (Figure 4), including present-day Highway 7 and Whites Road, as are the settlements of Brunswick Hill and Brougham located north and east of the subject property, respectively. The lands surrounding the subject property constituted a rural landscape. The Tremaine map indicates that Lot 30 is divided into two 100 acre lots, with 575 Highway 7 located within the lot owned by T. Vardon. Two structures are illustrated within the subject property on the 1860 Tremaine Map, including the Vardon House and the schoolhouse, located at the northwest corner of the lot. The 1861 Census lists Thomas (56), Hannah (52) and their child, Thomas (19), as living in a one-and-a-half storey frame house. The census indicates that a single family was living in the house in 1861 (Item no. 1693980, Page 132). On December 11, 1866, 25 acres of the north half of the lot was sold by Thomas W. Vardon to Smith Vardon for $1,500. William H. Vardon purchased 25 acres (the north half of the north half of the lot), from Thomas W. Vardon (Instrument No. 28572 and 426, Page 46). Twenty-five acres of the north half of the north half of the lot were purchased by Simon Beattie from William H. Vardon on November 3, 1870 (Instrument No. 774, Page 46) and the remaining 25 acres of the north half of the north half were purchased by Edwin J. Vardon from Smith Sydney Vardon on February 7, 1871 (Instrument No. 858, Page 46). The 1871 lists Simon Beattie, a 43-year-old widow, from Scotland as belonging to the Presbyterian church. His children, Mary (8), Robert (2) and William (28), and two servants, William Jane and Elizabeth Sommerville are also listed (Item No. 649365, Page, 35). Beattie is also enumerated in the 1871 Head of Household Census (Item No. 257476, Page, 35). On May 4, 1875, Simon Beattie went on to sell 25 acres of the lot to David Brown (Instrument No. 2163, Page 46). On February 24, 1879, Robert Milne purchased the north quarter of the north half of the lot from Janet Brown (Instrument No. 3508, Page 46). One structure is illustrated on the 1877 Pickering Township Map (Figure 5), with D. Brown shown as owning 25 acres within Lot 30, Concession V. The schoolhouse is not illustrated on the 1877 map. - 146 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 20 A brick structure is shown on the 1914 NTS map, in the approximate location of the subject property (Figure 6). This likely a transcription error as previous census information denotes a frame structure on the subject property. The 1881 Census lists Robert Milne, aged 40, his wife Euphemia, aged 38 and their children George S. (8), Walter B. (6), Christina L. (4), Robert (2) and Arthur (8 months) as well as Christina Brown, a 70 year old widow (Item No. 3433104, Page 51). No information regarding the structure on the subject property is provided. The transactions in the Abstract Book are illegible between 1879 and 1921, however, based on subsequent, legible transactions, the Milne family owned the subject property until 1957. On June 22, 1921 the north half of Lot 30, Concession V was willed from Robert Milne to Euphemia Milne (Book 40, Instrument No. 4366, Page 146143). One hundred acres of Lot 30, Concession V was willed from Walter B. Milne on August 16, 1957, no recipient of the will is recorded in the Abstract Book (Book 40, Instrument No. 111316, Page 146). The structure is also present on the 1933 (Figure 7) and 1943 NTS maps (Figure 8), the maps, however, do not indicate building material. These maps show no change in the lands surrounding the subject property, as they continued to be rural in nature. All of Lot 30, Concession V was expropriated by the Crown and granted to the Ministry of Housing, Province of Ontario, on February 1, 1974 (Book 40, Page 146B). The lot is granted from the Ontario Land Corporation to Her Majesty The Queen in right of the Province of Ontario represented by the Minister of Transportation and communications for the Province of Ontario on March 13, 1982 (Book 40, Page 146C, Instrument D136577). A 1954 aerial photograph (Figure 9) of the subject property was reviewed, and while the quality of the photograph is poor, the house and the bank are visible. Development within the subject property between 1954 and 2002 was relatively slow. The 2002 aerial photograph (Figure 10) clearly shows the house and barn on the subject property; Highway 407 is also present, south of the subject property. By 2002, an extension of North Road was constructed south of Highway 7, near the western edge of the property. By this time Highway 407 was also constructed south of the property line. The majority of the lands adjacent to 575 Highway 7 remain under active cultivation. - 147 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 4 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 2 9 : 4 0 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. TREMAINE, 1860 HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 1860 TREMAINE'S MAP OF THE COUNTY OF ONTARIO, CANADAWEST 231-00193-00 0001 1 4 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 - 148 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 5 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 2 9 : 4 6 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. J.H. BEERS & CO., 1877 HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 1877 ILLUSTRATED HISTORICAL ATLAS OF THE COUNTY OFONTARIO 231-00193-00 0001 1 5 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 - 149 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 6 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 2 9 : 5 2 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. DEPARTMENT OF MILITIA AND DEFENCE, 1914 HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 1914 NATIONAL TOPOGRAPHIC SURVEY MAP 231-00193-00 0001 1 6 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 - 150 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 7 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 2 9 : 5 8 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. DEPARTMENT OF NATIONAL DEFENCE, 1933 HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 1933 NATIONAL TOPOGRAPHIC SURVEY MAP 231-00193-00 0001 1 7 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 - 151 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 8 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 3 0 : 0 3 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. DEPARTMENT OF NATIONAL DEFENCE, 1943 HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 1943 NATIONAL TOPOGRAPHIC SURVEY MAP 231-00193-00 0001 1 8 2024-08-27 ---- AS ---- CF PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 - 152 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 0 9 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 3 0 : 0 9 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. UNIVERSITY OF TORONTO MAP AND DATA LIBRARY HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 1954 AERIAL PHOTOGRAPH 231-00193-00 0001 1 9 2024-08-27 ---- AS ---- EG PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:15,000 METRES 0 300 600150 - 153 - PA T H : S : \ C l i e n t s \ C a p L i n k _ L i m i t e d \ 5 7 5 _ H i g h w a y _ 7 \ 9 9 _ P R O J \ 2 3 1 - 0 0 1 9 3 - 0 0 \ 4 0 _ P R O D \ 0 0 0 1 _ H I A \ 2 3 1 - 0 0 1 9 3 - 0 0 - 0 0 0 1 - H C - 0 0 1 0 . m x d P R I N T E D O N : 2 0 2 4 - 0 8 - 2 7 A T : 5 : 3 0 : 1 4 P M IF T H I S M E A S U R E M E N T D O E S N O T M A T C H W H A T I S S H O W N , T H E S H E E T S I Z E H A S B E E N M O D I F I E D F R O M : A N S I B 25 m m 0 CAPLINK LIMITED 1. ALL LOCATIONS ARE APPROXIMATE 1. CONTAINS INFORMATION LICENSED UNDER THE OPEN GOVERNMENT LICENCE - ONTARIO2. COORDINATE SYSTEM: NAD 1983 UTM ZONE 17N 3. GOOGLE HERITAGE IMPACT ASSESSMENT 575 HIGHWAY 7, PICKERING, ONTARIO 2002 AERIAL PHOTOGRAPH 231-00193-00 0001 1 10 2024-08-27 ---- AS ---- ---- PROJECT NO.CONTROL REV.FIGURE YYYY-MM-DD DESIGNED PREPARED REVIEWED APPROVED NOTE(S) REFERENCE(S) CLIENT PROJECT TITLE CONSULTANT LEGEND STUDY AREA 1:6,000 METRES 0 120 24060 - 154 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 28 5 EXISTING CONDITIONS The subject property at 575 Highway 7 is currently under active agricultural cultivation, on an approximately 16.4-hectare rectangular lot that includes a one-and-a-half storey frame building that has been modified to include Ontario Gothic detailing as well as one Central Ontario bank barn (Figure 3). The property is located on the south side of Highway 7, east of North Road and west of Whites Road in the City of Pickering. The property is bounded on the east and west by lands associated with the Seaton Natural Heritage System, by Highway 407 to the south, and agricultural land to the north. The residential building is oriented toward Highway 7 and the barn is located south of the residence. The following description of the subject property is based on the site visit conducted on April 6, 2023, by Emily Game, Cultural Heritage Specialist. Access to the project location was provided by the proponent, however, interior access to the residence was not granted, representing a limitation to the on-site investigation. 5.1 Residence The subject property includes a one-and-a-half storey Ontario Gothic Cottage with Neoclassical style influences, which is also known as the Vardon House. The house is set back from Highway 7 by approximately 30 metres and is oriented with its façade to Highway 7, slightly east of a straight, gravel driveway (Photograph 1 to Photograph 15). Constructed in between 1850 and 1900, the Vardon House was originally built to a rectangular plan, with one rear addition projecting from the south elevation. The main façade of the structure was likely modified at an unknown date to include elements of the Gothic Revival style including a gabled centre bay with a steeply pitched roof, board and batten siding, gingerbread scrollwork and finial and pendant in the gable. The foundation material consists of board-formed concrete, and the foundation appears to be raised. This concrete foundation is likely a replacement for the original stone foundation. The one-and-a-half storey rear addition has a gable roof and concrete foundation. The west elevation is clad in board and batten, and the east and south elevations are clad in horizontal vinyl siding. 5.1.1 North Elevation (Front Façade) The symmetrical three-bay north elevation represents the building’s main façade (Photograph 1). The structure, finished in wood board and batten siding, is set at grade. The side gable roof is clad in asphalt shingles. The entrance to the house is located within a projecting bay with a steeply pitched roof. In keeping with the Ontario Gothic Cottage style, a round headed window is located in the central gable peak. The central gable peak features delicate gingerbread scroll work with a drooped shape and a simple finial. The entrance is highlighted by a door casing reflective of the Neoclassical style featuring flat wood pilasters with a simple block base, topped with a decorative entablature (Photograph 2). A panelled door is located within the surround that has two panels with rounded tops, mimicking the shape of the windows in the gable end (Photograph 3). The entrance is flanked by a pair of rectangular window openings with simple wood surrounds and plain wood sills. The original six-over-six double-hung sash windows have been replaced with new vinyl inserts. - 155 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 29 5.1.2 East Elevation The original portion of the residence’s east elevation is two-bays and organized asymmetrically (Photograph 5 and Photograph 6). The gable peak of the roof features delicate gingerbread scroll work with a simple finial. An interior brick chimney projects from the gable peak and a stainless steel stove pipe projects from an opening in the northside of the foundation and travels up the elevation beyond the roofline. The upper storey includes a pair of rectangular window openings with simple wood surrounds and plain wood sills with new vinyl inserts. One larger rectangular window is located on the south side of the lower level of the elevation and also features simple wood surrounds and a plain wood sill with new vinyl insert. One rectangular window is located in the south side of the board-formed concrete foundation. The east elevation of the rear one-and-a-half storey addition is one bay and includes a small rectangular window opening below the roofline. One larger, three-paned, rectangular window is located on the lower level of the elevation and features simple wood surrounds and a plain wood sill with a new vinyl insert (Photograph 7). 5.1.3 South Elevation The original portion of the south elevation is largely obscured by the one-and-a-half storey addition projecting to the rear (Photograph 8 and Photograph 9). The original elevation (Photograph 10) includes one small square window opening with a plain wood sill below the roofline and one door opening at the main level (Photograph 11). Both the window and door include simple wood surrounds. The window is a replacement unit and a wood panel door with a large lite is located behind an aluminium storm door. The south elevation of the one-and-a-half storey addition features a gable roofline with one rectangular window opening and a door opening on the upper level. Both appear to be contemporary replacements and include simple wood surrounds. The lower half of the door is blocked by a utilitarian wood railing. The lower level of the elevation is composed of an enclosed wood frame porch with a slopped roof and large plate glass windows. The enclosed porch is accessed from the east via a wood panel door with four lites. 5.1.4 West Elevation The original portion of the residence’s west elevation is two-bays and organized asymmetrically (Photograph 12 and Photograph 13). Like the east elevation, the gable peak of the roof features delicate gingerbread scroll work with a simple finial. The upper storey includes a pair of rectangular window openings with simple wood surrounds and plain wood sills with new vinyl inserts (Photograph 14). One larger rectangular window is located on the north side of the lower level of the elevation that also features simple wood surrounds and a plain wood sill with a replacement unit (Photograph 15). The south side of the lower level includes a door opening with simple wood surrounds. Two rectangular windows are located in the board-formed concrete foundation. The west elevation of the rear one-and-a-half storey addition is also asymmetrically designed and includes two small rectangular window openings below the north side of the roofline and one larger rectangular window is located on the lower level of the elevation and features simple wood surrounds and a plain wood sill with a new vinyl insert. - 156 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 30 Photograph 1: Façade (north elevation) of the Vardon House Photograph 2: Detail of door surround Photograph 3: Detail of window on projecting bay - 157 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 31 Photograph 4: Three-quarter view of the north and east elevations Photograph 5: East elevation of house at 575 Highway 7 Photograph 6: East elevation of original portion of house Photograph 7: East elevation of addition - 158 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 32 Photograph 8: Three-quarter view of the east and south elevations Photograph 9: South elevation of the house Photograph 10: Detail of original portion of the south elevation Photograph 11: Detail of door opening in original portion of the south elevation - 159 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 33 Photograph 12: Three-quarter view of the south and west elevations Photograph 13: West elevation of the house Photograph 14: Detail of joining of original portion of house and rear addition on the west elevation Photograph 15: Detail of window opening in original portion of the west elevation 5.2 Barn 5.2.1 Barn Exterior The barn on the subject property is oriented east to west, it retains its original rectangular plan and was built into the natural topography of the lot, which slopes to the south. As such, entrances to the barn are provided on both the north (banked) and south eave-sides, with access to the upper level for crop and implement storage and working space provided on the north elevation, and access to the lower stable area provided via the south and west elevations. The foundation of the barn consists of fieldstone (Photograph 16). The barn is clad in vertical wood boards and features a gambrel roof clad in sheet metal. Four evenly spaced lightening rods are present on the ridgeline. The north elevation contains large sliding wood doors roughly in the centre of the elevation (Photograph 17). Two windows and one door are also extant on the lower level of the north elevation. - 160 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 34 The east elevation of the barn contains two windows in the lower level, a door which provides access to the threshing floor and one door on the west gable which provides access to the hay mow (Photograph 18). The window openings on the east façade and portions of the foundation have been reinforced with new concrete. The south elevation of the barn is partially obscured by a large frame addition. The upper level of the western half of the barn is clad in new plywood, while the remaining elevation is clad in vertical boards. It appears there was at least one opening on the upper level of the barn. The lower level of the barn contains two door openings and two window openings (Photograph 19 and Photograph 20). The lower level of the west façade contains one paneled door and three small windows. The door opening is reinforced with new concrete. With the exception of two windows in the lower level, there are no intentional openings on the upper levels on the east elevation (Photograph 21). Photograph 16: Detail of fieldstone foundation Photograph 17: North (banked) elevation of the barn Photograph 18: East elevation of the barn Photograph 19: South elevation of the barn - 161 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 35 Photograph 20: South façade of the barn Photograph 21: West elevation of the barn 5.2.2 Barn Interior The barn interior is divided into two levels; the lower stable level and the threshing floor.0F 1 The lower level of the barn is accessed by doors on the south elevation, one on the north elevation as well as one door on the west elevation. The animal stalls that once divided the lower level have been removed and the lower level consists of two rooms. Large hand-hewn timbers and uncut logs support the upper storey (Photograph 22 to Photograph 24). The threshing floor of the barn is accessed via an earthen ramp on the north façade. The threshing floor is open except for a granary at the western end of the barn, which is divided into several rooms for storage (Photograph 25 to Photograph 28). The construction method is exposed inside the barn and demonstrates typical large timbers with evidence of hand-hewing, and mortise and tenon and tree nail construction. Photograph 22: Lower level of the barn Photograph 23: Lower level of the barn 1 Photographs of the threshing floors of the barn were taken from window, door and wall openings. Portions of the lower levels of the structure were accessed only where it was deemed safe to do so. - 162 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 36 Photograph 24: Hand-hewn beams in lower level Photograph 25: Threshing floor of the barn Photograph 26: Threshing floor of the barn Photograph 27: Granary in western end of the barn - 163 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 37 Photograph 28: Detail of treenails used in construction of framing 5.3 Landscape Conditions The subject property consists of a 16.4-hectare rectangular lot with a generally flat topography, while the surrounding lands are actively farmed. The built elements of the property include a one-and-a-half storey frame residence and one large bank barn (Photograph 29). The residence is setback from Highway 7 approximately 30 metres, and the barn has an approximately 68 metre set back. The property is accessed via a straight gravel drive that connects Highway 7 to the cluster of buildings (Photograph 30). Mature coniferous and deciduous trees are located on either side of the driveway. The house is surrounded by a manicured grass law, dotted with mature trees and has open views to the surrounding agricultural fields and to Highway 7 (Photograph 31). A number of mature trees are located around the cluster of buildings and line the boundary of the agricultural fields to the east, south, and west. The lands east, west, and south of the residence and barn are comprised of agricultural fields (Photograph 32). - 164 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 38 Photograph 29: View to property, including house, barn and mature trees Photograph 30: View down straight gravel drive that connects Highway 7 to cluster of buildings Photograph 31: Manicured lawn south of residence - 165 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 39 Photograph 32: View to surrounding agricultural fields 5.4 Property Context The subject property is located in an evolving portion of the City of Pickering that was historically characterized by nineteenth century agricultural farmsteads. Today the subject property is surrounded by agricultural fields proposed for development (Photograph 32). A nineteenth century farmstead with twentieth century modifications (745 Highway 7) (Photograph 33), is located 750 metres east of the subject property. The demolition of 745 Highway 7 is proposed as part of this development. While there are no other structures immediately adjacent to the subject property, the Green River Baptist Cemetery is located north east of the subject property. Highway 407 is located approximately 480 metres south of the residence (Photograph 34). There are no listed or designated heritage properties adjacent to the subject property. - 166 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 40 Photograph 33: Main façade of 745 Highway 7, west of the subject property Photograph 34: Green River Baptist Cemetery 5.5 Architectural Style 5.5.1 Ontario Gothic Revival The property at 575 Highway 7 is an example of a side gabled frame house built in Ontario Gothic Cottage style. The Ontario Gothic Cottage style is a subset of the Gothic Revival architectural style. Gothic Revival style reflected a renewed interest in the building forms and styles of the English Gothic period. Gothic Cottages in Ontario date from the early nineteenth century but accelerated in popularity when landscape designers such as J.C. Loudon and A.J. Downing and The Canada Farmer promoted the style in 1864. The February 1864 edition of The Canada Farmer offered two small one-storey cottage designs (Plate 2 and Plate 3). In November of the same year a larger one-and-a-half storey design was offered (Plate 4 to Plate 6). These were not new or revolutionary designs, but through The Canada Farmer they caught the attention of a wide audience. - 167 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 41 Plate 2: "A Small Gothic Cottage – Front Elevation" (The Canada Farmer, 1864, Vol. 1, No. 2, P. 21) Plate 3: "A Small Gothic Cottage, Ground Plan" (The Canada Farmer, 1864, Vol. 1, No. 2, P. 21) Plate 4: "A Cheap Farm House – Front Elevation" (The Canada Farmer, 1864, Vol. 1, No. 22, P. 340) Plate 5: "A Cheap Farm House – Section" (The Canada Farmer, 1864, Vol. 1, No. 22, P. 340) - 168 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 42 Plate 6: "A Cheap Farm House – Ground and Attic Plan" (The Canada Farmer, 1864, Vol. 1, No. 22, P. 341) 5.5.1.1 Comparative Analysis A comparative analysis was undertaken to establish a baseline understanding of similar recognized rural heritage properties in the City of Pickering, to determine if the subject property “is a rare, unique, representative or early example of a style, type, expression, material or construction method” as described in O. Reg. 9/06. Comparative examples were drawn from Part IV designated and listed, non-designated properties within the City of Pickering. Residential dwellings were selected from this data set, with a focus on buildings of similar age, style, typology and material. Three comparable designated properties and one listed property was identified within the City (Table 5-1). Given that a large number of stylistically similar structures are not visible from the public right of way, this analysis does not represent all available properties, but the examples are intended to provide a representative sample of similar building typologies. Of these examples, the following architectural elements characteristic of the Gothic Revival Ontario Cottage style were observed: ▪ Type: All four are residential examples of Ontario Gothic Cottages, with one example exhibiting Georgian influences. ▪ Plan: All examples are built to a rectangular plan. ▪ Height: Each example is one-and-a-half storeys. ▪ Roof: All examples have side gable roofs with central gable peaks. One example has decorative gingerbread scrollwork in the central gable peak. - 169 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 43 ▪ Construction Material: Three examples are stone and one is dichromatic brick. ▪ Facade: Three of the examples are three-bays wide, one is five-bays wide, and all have symmetrical facades. ▪ Chimneys: Three examples have twin brick chimneys and one example does not have a chimney. ▪ Main Entrance: All examples have central front doors; two examples have both transoms and sidelights; two examples have just sidelights; and one example has a later addition of a covered porch obscuring the entrance details. ▪ Windows: All examples have rectangular window openings. Two examples have six-over-six wood windows and two examples have replacement windows. Three examples have a Gothic arch window in the central gable peak and one example has a Palladian window. ▪ Decorative elements: One example includes decorative dichromatic brick detail and another example features intricately patterned, roughly squared stone work and detailing. ▪ Alterations: Although it is difficult to confirm when viewed from the public ROW, it appears that all examples have received a rear addition. Once example is now vacant and some original windows have been removed, and the central entrance of one example has been enclosed. This comparative analysis suggests that the residence on the subject property at 575 Highway 7 demonstrates representative elements of the Ontario Gothic Cottage style including the: one-and-a-half storey height; rectangular plan and symmetrical three-bay façade; side gable roof; central gable peak with a window and decorative gingerbread scrollwork; and the central entrance. Constructed between 1850 and 1900, the structure appears to be a rare example of a board and batten clad Ontario Gothic Cottage in the City of Pickering, making the Vardon House one of the earliest structures in the area retaining its original exterior form. As such, when comparing the expression of the style at 575 Highway 7 to other local examples, it is unique in its board and batten cladding, wood door entablature, and fine gingerbread scrollwork detailing. It is acknowledged that the small number of examples reviewed means that this comparative analysis could be misleading. It was also challenging to fully assess the architectural details of each structure from the public ROW. As such, the cultural heritage evaluations included in Section 7 have not only considered the results of this comparative analysis, but typical architectural trends across Ontario. - 170 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 44 Table 5-1: Comparative analysis of heritage properties of a similar age, style and/or typology Address Recognition Photograph Age Material Style 2319 Wildwood Crescent (formerly 2101 Valley Farm Road; Palmer Voss House) Designated Part IV (By-law 5573/99) (TRREB, 2023) 1850-1870 Stone The stone house was built in two stages, the first part during the 1850s and the second part in approximately 1870. The house is a vernacular example of the Gothic Revival architectural style with a centre gable, pointed arch window and decorative gable finials, pendants and curvilinear vergeboard as well as twin brick chimneys. 2865 Sideline 16 (Walter Percy House) Designated Part IV (By-law 7346/14) (DurhamRegion.com, 2014) 1875-1885 Stone The Ontario Gothic Cottage is one-and-a-half storeys with a symmetrical three-bay façade constructed of intricately patterned, roughly squared stone work and detailing. It features a side gable roof with a central gable peak with a Gothic arched window with a stone voussoir and twin brick chimneys. The other window openings are segmentally arched and a centrally placed entrance includes a transom window. The residence includes a rear addition. 940 Whitevale Road (William Major House) Designated Part IV (By-law 7594/17) (LSHC, 2015) 1850-1860 Stone The William Major House is a stone Georgian style dwelling with Gothic Revival influences, reflecting the transition between the two styles in the mid-nineteenth century. It features a low- pitched gable roof with twin brick chimneys; a five-bay, symmetrical façade; a wide, central doorcase with transom and sidelights; a heavily molded door; Classical detailing such as the overhanging molded cornice, plain, wide frieze, and returned eaves; and a central, Palladian window. The residence includes a rear addition. - 171 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 45 Address Recognition Photograph Age Material Style 4585 Sideline 20 Listed (Google Street View©) 1860-1900 Brick The Ontario Gothic Cottage is one-and-a-half storeys with a symmetrical three-bay façade with dichromatic brick cladding and detailing. It features a side gable roof with a central gable peak with a Gothic arched window. The other window openings are segmentally arched and a centrally placed entrance is enclosed. The residence includes a rear addition. - 172 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 46 5.5.2 Central Ontario Barn The barn at 575 Highway 7 is a representative example of a Central Ontario style barn, a common design in southern Ontario dating to the last quarter of the nineteenth century (Ennals, 1972). The construction date of the barn is thought to date to roughly the same time period of the house, between 1861-1881, which is consistent with the building style and development history of the property. The Central Ontario barn is distinguished by its large size, usually 40-50 feet in width and 60-100 feet in length built to a rectangular plan and is most often constructed of wood on a stone foundation with a gable or gambrel roof (Ennals, 1972). The two roof styles associated with the Central Ontario barn are indicative of the period of construction. Gable roofs were used up to about 1880, after which gambrel roofs were introduced. The barn on the subject property features a gambrel roof, which supports its estimated construction date prior to 1881 (Ennals, 1972). The gambrel roof was a design element adopted from Dutch style barns for functional reasons as it significantly increased the storage capacity of the loft. This was an important development as farmers began to practice mixed farming after 1880 and needed to store more feed to maintain their growing herds of livestock. The Central Ontario barn style is two storeys with a lower stable area and an upper level for crop and implement storage and working space. Access to the ground floor is provided by doorways leading to the farmyard and entry to the upper level is by means of an earth ramp leading to a large door in the eave-side (long side) (Ennals, 1972). The large double door and height of the second floor allowed wagons and machinery to be brought in for unloading and repair. This type of barn is known as a bank barn in southern Ontario. As is the case with the subject property, the barn is often set into a slope so that the upper level can be entered directly from the top of the slope. Typical of the Central Ontario barn, the second level is often constructed of heavy timber frames or “bents” and includes a drive-floor, which would serve as a work space and tool and machine storage; a granary (a room or series of rooms facing onto a passageway set at right angles to the drive floor); and an area for hay, straw, grain and crop storage (Ennals, 1972). The lower level would serve as a stable arranged to accommodate stalls for horses and livestock and may include space for root crop storage. The animals and water supply on the ground floor were protected in the winter by the hay insulation on the second floor, which preserved the animal’s body heat. Silos began to appear on Ontario farms in the 1870s to provide better storage for the grains and corn needed to feed the livestock (Kyles, 2016). First these silos were constructed of concrete block, then poured concrete, and later metal, which provided a more efficient curing environment (Kyles, 2016). 5.5.2.1 Comparative Analysis – Bank Barn at 575 Highway 7 A comparative analysis was undertaken to establish a baseline understanding of similar recognized mid-to- late nineteenth century Central Ontario style barns in the City of Pickering to determine if the barn at 575 Highway 7 “is a rare, unique, representative or early example of a style, type, expression, material or construction method” as described in O. Reg. 9/06. Upon a review of the City’s Heritage Properties Register, only one comparative example of a Part IV designated property containing a Central Ontario barn was identified in the municipality, making it challenging to compare contextually appropriate properties with recognized CHVI. Given the lack of Part IV designated barns within the City of Pickering, this O. Reg. 9/06 evaluation has also considered barn trends across Southern Ontario, rather than only locally within the City of Pickering (Table 5-2). Moreover, while some barns would inevitably be included on non-designated properties included on the Register, these were - 173 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 47 not readily identified, nor would a review of barns (which are often well set back) from the public right-of-way provide a reliable comparative analysis, making it challenging to compare contextually appropriate properties with recognized CHVI. This analysis does not represent all available properties, rather the examples are intended to provide a representative sample of similar building typologies. Of these three examples, all are expressions of Central Ontario barns built in the mid-to-late nineteenth century. The following architectural elements characteristic of Central Ontario barns in the City of Pickering were observed: ▪ Style: All three examples are bank barns with two levels, each accessed from ground-level. Two of the barns appear characteristically large. ▪ Plan: The original portion of each example appears to have been built to a rectangular plan. ▪ Roof: Three examples have a gable roof, one has a gambrel roof. All feature roofs clad in sheet metal. ▪ Cladding: All three examples are clad in wood barn board, and one appear to have been painted. ▪ Fieldstone Foundations: Each example has a fieldstone foundation. ▪ Silos: One example includes a silo on the property. ▪ Landscape: All examples appear to be a component of an agricultural landscape. ▪ Alterations: Although it is difficult to confirm when viewed from the public ROW, it appears that all examples have undergone alterations through large and small additions, likely reflective of the evolving use of the structures for agricultural purposes through the decades. This comparative analysis suggests that the barn at 575 Highway 7 is a representative expression of the Central Ontario barn style. In assessing the architectural elements of the subject property reflective of the style, those observed include: the banked access and two storey height; original rectangular plan; wood barn board cladding; the gambrel roof clad in sheet metal; granite and fieldstone foundations; and the silos. It is acknowledged that the small number of examples reviewed means that this comparative analysis could be misleading. It was also challenging to fully assess the architectural details of each comparative structure from the public ROW. As such, the cultural heritage evaluations included in Section 7 have not only considered the results of this comparative analysis, but typical architectural trends across Ontario. - 174 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 48 Table 5-2: Comparative analysis of barns of a similar age, style and/or typology Address Recognition Photograph Age Material Style 1860 Seventh Concession Road (Thistle Ha’ Farm) Designated Part IV of the OHA (By-Law 2140/86), National Historic Site, protected by a heritage conservation easement agreement with the OHT No photo available n/a Stone foundation, timber frame, clad in board and batten Mid-nineteenth century bank barn; rectangular plan; two storeys; gambrel roof; wood-frame construction with board; sheathing metal roof; fieldstone foundation; surviving evidence of a silo, component of an agricultural landscape. 13831, Leslie Street, Aurora, Ontario Part IV Designated (By-law 4729-05) c. 1840 Stone foundation, timber frame, clad in board and batten Mid-nineteenth century bank barn; rectangular plan; two storeys; gable roof; clad in board and batten; stone foundation. 748 Zeller Drive, Kitchener, Ontario Part IV Designated (By-law 98-177) c. 1870 Stone foundation, timber frame, clad in board and batten Late-nineteenth century bank barn; rectangular plan; two storeys; gable roof; clad in board and batten; stone foundation. 536 County Road 18, Fergus, Ontario National Historic Site of Canada No photo available 1877 Stone foundation, timber frame, clad in board and batten. Late-nineteenth century bank barn; rectangular plan; two storeys; gable roof; clad in board and batten; stone foundation; earthen ramp leading to sliding doors. - 175 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 49 6 CONSULTATION 6.1 City of Pickering The City of Pickering’s Senior Planner – Heritage was contacted via email on April 28, 2023, to inquire about heritage interests related to the subject property at 575 Highway 7 and to confirm the scope of this HIA. A response was received the same day confirming the following: ▪ 575 Highway 7 is a listed, non-designated property on the City of Pickering’s Municipal Heritage Register, its heritage value description is as follows: ▪ 575 Highway 7 Vardon Family Home: Built in 1853, Farmstead, Gothic Revival cottage For information, the Senior Planner shared a link to the City’s Municipal Heritage Register and the Seaton Built Heritage Assessment: Prepared for the North Pickering Land Exchange Team, Ministry of Municipal Affairs and Housing Planning and Development Division (Scheinman, 2004). A copy of the Seaton ’04 Built Heritage Assessment for 575 Highway 7 is located in Appendix A. The City of Pickering Official Plan was reviewed and it was confirmed that 575 Highway 7 is not located within an identified Cultural Heritage Landscape. 6.2 Federal and Provincial Review The MCM’s list of Heritage Conservation Districts was reviewed, and the study area was not found to be located within a designated district (MCM, 2019). The Ontario Heritage Trust (OHT) plaque database was searched, as was the Federal Canadian Heritage Database. The subject property is not commemorated with an OHT plaque nor recognized with a federal heritage designation. It also does not appear that 575 Highway 7 is subject to an OHT conservation easement. - 176 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 50 7 DISCUSSION OF INTEGRITY In a heritage conservation context, the concept of integrity is linked not with structural condition, but rather to the literal definition of “wholeness” or “honesty” of a place. The MCM Heritage Identification & Evaluation Process (Government of Ontario 2014:13) and Ontario Heritage Tool Kit: Heritage Property Evaluation (Government of Ontario 2006:26) both stress the importance of assessing the heritage integrity in conjunction with evaluation under O. Reg. 9/06 yet provide no guidelines for how this should be carried out beyond referencing the US National Park Service Bulletin 8: How to Evaluate the Integrity of a Property (US NPS n.d.). In this latter document, integrity is defined as ‘the ability of a property to convey its significance’, so can only be judged once the significance of a place is known. Other guidance suggests that integrity instead be measured by understanding how much of the asset is “complete” or changed from its original or “valued subsequent configuration” (English Heritage 2008:45; Kalman 2014:203). Kalman’s Evaluation of Historic Buildings, for example, includes a category for “Integrity” with sub-elements of “Site”, “Alterations”, and “Condition” to be determined and weighted independently from other criteria such as historical value, rather than linking them to the known significance of a place. Kalman’s approach is selected here and combined with research commissioned by Historic England (The Conservation Studio, 2004), which proposed a method for determining levels of change in conservation areas that also has utility for evaluating the integrity of individual structures. The results for the property are presented in Table 7-1, and are considered when determining the CHVI of the property (see Section 8). - 177 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 51 Table 7-1: Heritage Integrity Analysis for the Subject Property ELEMENT ORIGINAL MATERIAL / TYPE ALTERATION SURVIVAL RATING COMMENT Setting Rural with two lane (one in each direction) roads and farmhouses, outbuilding complexes, and agricultural lands on larger lots Highway 407, constructed south of the residence, has bisected Lot 30, Concession V in an east to west direction. Several warehouse buildings have been Draft Plan of Subdivision approved. 80% Very good Despite the current development of warehouse facilities east of the subject property, the presence Highway 407 south of the subject property maintains the rural character of the surrounding area, including active agricultural fields and stands of mature trees. Site location Set back and facing the nearest road Farmhouse: no alterations Barn 1: no alterations 100% Very good No additional comments Footprint Farmhouse: rectangular Barn: rectangular Farmhouse: south addition Barn: no change 100% Very good The rear wing on the farmhouse appears to be original to the farmhouse. The south addition to the farmhouse does obscure part of the south façade but has not impacted the front façade. Wall Farmhouse: Frame construction Barn: timber frame construction Farmhouse: no change Barn: no change 100% Very good No additional comments Foundation Farmhouse: possibly fieldstone Barn: granite Farmhouse: Board-formed concrete Barn: repairs to the foundation using concrete and fieldstone 40% Good The original foundation of the house has been removed and replaced with a foundation constructed of board-formed concrete. The foundation also appears to be raised. Note that this rating refers to heritage integrity, not structural integrity Exterior doors Farmhouse: panelled wood Barn: vertical board Farmhouse: the panelled wood doors appear to be original to the house Barn: some vertical boards may have been replaced 95% Very good No additional comments Windows Farmhouse: wood Barn: wood Farmhouse: Majority of the windows have been replaced with new vinyl sash, three round headed windows remaining Barn: retains all of the original wood windows, the glass however, is broken in some 30% Poor No additional comments Roof Farmhouse: possibly wood shingle Barn: possibly wood shingle Farmhouse: original replaced in asphalt shingle Barn: reclad in metal 0% Poor No additional comments - 178 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 52 ELEMENT ORIGINAL MATERIAL / TYPE ALTERATION SURVIVAL RATING COMMENT Chimneys Farmhouse: two interior chimneys Barn: n/a Farmhouse: the double chimneys have been removed 0% Poor No additional comments Water systems Farmhouse: unknown, possibly copper Barn: unknown Farmhouse: all water systems replaced Barn: unknown 0% Poor No additional comments Exterior decoration Farmhouse: Board and batten siding, gingerbread scrollwork and finial and pendant in the gable. Barn: vertical board Farmhouse: no changes Barn: no changes 100% Very good No additional comments Exterior additions Farmhouse: Addition on south elevation Barn: no known additions Farmhouse: south addition Barn: addition in severe state of disrepair, but likely no original to the barn 70% Very good The rear wing on the farmhouse appears to be original to the farmhouse. Landscape features Domestic yard and farmyard features No significant alterations to domestic yard, or farmyard features and fields. 100% Very Good The property’s landscape features have not been significantly altered through the 21st century AVERAGE OF RATE OF CHANGE/HERITAGE INTEGRITY 63% Good Rating of Good is based on original element survival rate of between 51 to 75% - 179 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 53 8 CULTURAL HERITAGE EVALUATION 8.1 Ontario Regulation 9/06 Evaluation The principal built heritage resources on the subject property at 575 Highway 7 are a one-and-a-half storey side-gable Ontario Gothic Cottage house and a Central Ontario bank barn. The property is a listed, non- designated property on the City of Pickering Municipal Heritage Register. O. Reg. 9/06 (as amended by O. Reg. 569/22) of the OHA provides criteria for determining whether a property has CHVI. If a property meets one or more of the criteria in O. Reg. 9/06, it is eligible for designation under the OHA. Table 8-1presents the evaluation of the subject property using O. Reg. 9/06. Table 8-1: Evaluation of 575 Highway 7 as per O. Reg. 9/06 O. REG. 9/06 CRITERIA OUTCOME JUSTIFICATION 1. The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. Y As demonstrated in Section 5.5.1.1, the house at 575 Highway 7 displays the typical one-and-a-half storey height and the distinct massing which includes a central gable peak on the front facade as well as the symmetrical three-bay facade, round headed wood windows and sills. Constructed between 1850 and 1900, the structure appears to be a rare example of a board and batten clad Ontario Gothic Cottage in the City of Pickering, making the Vardon House one of the earliest structures in the area retaining its original exterior form. As such, when comparing the expression of the style at 575 Highway 7 to other local examples, it is unique in its board and batten cladding, wood door entablature, and fine gingerbread scrollwork detailing. As discussed in Section 5.5.2.1, the Central Ontario bank barn on the subject property is a representative expression of a Central Ontario barn and are now considered rare with only one Part IV designated barn in the City of Pickering. The barn appears to maintain its integrity through the retention of much of the original construction materials and application of historic building methods. 2. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit. N The property does not display a high degree of craftsmanship or artistic merit but rather reflects modest and vernacular construction techniques and materials. As noted in Section 7, many of the original building features and materials, such as the brick chimneys, wood window sash and original foundation have been removed and replaced with modern materials. The central Ontario barn displays mortise and tenon construction that is typical of the nineteenth century, but this is not considered to display a high degree of craftmanship or artistic merit. 3. The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement. N The property does not demonstrate a high degree of technical or scientific achievement. The structures display construction techniques reflective of the era and style. 4. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. Y As 575 Highway 7 has functioned as a farm for at least 169 years, it is directly associated with the agricultural development of the former Ontario Township and City of Pickering. This theme is significant as it contributed to the community’s early economy and continues to be practiced today. - 180 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 54 O. REG. 9/06 CRITERIA OUTCOME JUSTIFICATION The property has a direct association with the Vardon Family, they were relatively early settlers who established a school on the subject property. The school was in existence until the mid-nineteenth century. 5. The property has historical value or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. N The results of research did not indicate that 575 Highway 7 yields information that could contribute to the understanding of a community or culture. 6. The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. N The house was likely constructed as a side gable dwelling which was later renovated to reflect elements of the Gothic Revival cottage as promoted by A.J. Dowling in the mid- nineteenth century. The architect and builder of the building at 575 Highway 7 is unknown. 7. The property has contextual value because it is important in defining, maintaining or supporting the character of an area. Y As the property retains 44.86 acres of the original 50-acre lot and continues to be actively used for agriculture, 575 Highway 7 is important in maintaining the historical agricultural character of the area. 8. The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. Y 575 Highway 7 is associated with the early settlement of the area and is important in maintaining and supporting the rural nineteenth century landscape along the Highway 7 Road corridor. 9. The property has contextual value because it is a landmark. N No significant views to the property distinguish the building as a notable or distinct property. It does not serve as a local landmark in the community. 8.2 Ontario Regulation 10/06 Ontario Regulation 10/06 establishes the Criteria for Determining Cultural Heritage Value or Interest of Provincial Significance. This regulation was created in 2006 to be utilised to identify properties of provincial heritage significance under the OHA. All provincially owned properties with potential cultural heritage value or interest must be evaluated using O. Reg. 10/06 to determine provincial significance, if any. Table 8-2 presents the evaluation of the subject property using O. Reg. 9/06. Prior to March 2023, the subject property was provincially owned and, as a result, Ontario Regulation 10/06 was also used to evaluate the property. Table 8-2: Evaluation of 575 Highway 7 as per O. Reg. 10/06 O. REG. 10/06 CRITERIA Outcome JUSTIFICATION 1. The property represents or demonstrates a theme or pattern in Ontario’s history. N While the subject property is associated with the early settlement of the former Ontario County and specifically the area of Green River, it demonstrates this theme at the local / regional level rather than provincial. For this reason, the property does not meet this criterion. 2. The property yields, or has the potential to yield, information that contributes to an understanding of Ontario’s history. N While the subject property reflects the early settlement and agricultural development, other properties – most notably Thistle Ha’ Farm (1860 Seventh Concession Road, Pickering), which is a National Historic Site of Canada – better illustrates the role of agriculture in Ontario’s history. The property does not have the potential to yield information that contributes to an understanding of Ontario’s history. - 181 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 55 O. REG. 10/06 CRITERIA Outcome JUSTIFICATION 3. The property demonstrates an uncommon, rare or unique aspect of Ontario’s cultural heritage. N While the property is an early example of the application of the Ontario Gothic Cottage style, there are many of this type of house found throughout the province; it does not demonstrate an uncommon, rare, or unique aspect of Ontario’s cultural heritage. 4. The property is of aesthetic, visual or contextual importance to the province. N The property’s visual and contextual importance is of a local nature; the property’s associations and contextual significance relate to its connections and role within the settlement of the former Ontario Township, as opposed to within the province. For this reason, the property does not meet this criterion. 5. The property demonstrates a high degree of excellence or creative, technical or scientific achievement at a provincial level in a given period. N While the property holds physical value at a local level, it was not found to exhibit a high degree of excellence or creative, technical, or scientific achievement at a provincial level. 6. The property has a strong or special association with the entire province or with a community that is found in more than one part of the province. The association exists for historic, social, or cultural reasons or because of traditional use. N The residence and barn was built by Thomas Vardon between 1850 and 1900, a farmer from New Brunswick. The subject property does not demonstrate a strong or special association with the province as a whole, nor with a community that is significant within the Province of Ontario. Therefore, the property does not meet this criterion. 7. The property has a strong or special association with the life or work of a person, group or organization of importance to the province or with an event of importance to the province. N The residence and barn was built in between 1850 and 1900 by Thomas Vardon during the early settlement of Ontario County. The subject property does not have a strong or special association with the life or work of a person, group or organization of importance to the province or with an event of importance to the province. Therefore, the building does not meet this criterion. 8. The property is located in unorganized territory and the Minister determines that there is a provincial interest in the protection of the property. O. Reg. 10/06, s. 1 (2). N The property is not located within an unorganized territory. Therefore, the subject property does not meet this criterion. 8.2.1 Results of the Cultural Heritage Evaluation Based on the evaluation of the property at 575 Highway 7, the following results related to the property’s CHVI were identified: ▪ The evaluation using the criteria of O. Reg. 9/06 determined that the subject property does possess CHVI at a local level for physical/design, historical/associative, and contextual reasons; and - 182 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 56 ▪ The evaluation using the criteria of O. Reg. 10/06 determined that the subject property does not have CHVI at a provincial level. 8.3 Statement of Cultural Heritage Value or Interest As the subject property at 575 Highway 7 was found to possess CHVI, the following statement of cultural heritage value or interest and list of heritage attributes was prepared. 8.3.1 Description of the property 575 Highway 7 is an 18.15-hectare irregular shaped agricultural property situated on the south side of Highway 7, east of North Road in the north portion of the City of Pickering. The property contains a one-and- a-half storey side gabled Ontario Gothic Cottage that was constructed in between 1850 and 1900. The property also contains a two-storey Central Ontario bank barn that dates to the nineteenth century. The property is listed on the City of Pickering Municipal Heritage Register. 8.3.2 Statement of cultural Heritage value or interest The subject property, 575 Highway 7, possesses design or physical value for the early and representative built heritage resources located on the property. Specifically, the Vardon House is a representative example of an Ontario Gothic Cottage. The Vardon House is a one-and-a-half storey house with a central gable peak on the front facade as well as the symmetrical three-bay facade, round headed wood windows and sills. Constructed in 1853, the house appears to be a rare example of a board and batten clad Ontario Gothic Cottage in the City of Pickering, making the Vardon House one of the earliest structures in the area retaining its original exterior form. As such, when comparing the expression of the style at 575 Highway 7 to other local examples, it is unique in its board and batten cladding, wood door entablature, and fine gingerbread scrollwork detailing. The barn is a representative example of a Central Ontario bank barn, a common design in Southern Ontario dating to the last quarter of the nineteenth century. The gambrel roof style is indicative of its period of construction, becoming commonly used by 1880 following a transition from gable roofs. The barn maintains its integrity through the retention of much of the original construction materials and application of historic building methods. The barn includes many of the features typical of the style, including the banked access and two storey height, original rectangular plan, wood barn board cladding, and the gambrel roof clad in sheet metal. Through its function as a farm since between 1850 and 1900, 575 Highway 7 it is directly associated with the agricultural development of the former Ontario Township and City of Pickering. This theme is significant as it historically contributed to the community’s early economic growth and continues to be practiced today. As the property retains 44.86 acres of the original 50-acre lot and continues to be actively used for agriculture, 575 Highway 7 is important in maintaining the historical agricultural character of the surrounding area. The property is functionally and historically linked to its surroundings as indicated by the presence and placement of the Vardon House, Central Ontario bank barn, the associated circulation patterns including the surrounding agricultural fields that continue to reflect the function of the historic nineteenth century farmstead. - 183 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 57 8.3.3 Heritage Attributes The heritage attributes that contribute to the CHVI of 575 Highway 7 include: House Exterior ▪ One-and-a-half storey massing built to a rectangular plan; ▪ Symmetrical three-bay façade with project gable; ▪ Extant round headed windows; ▪ Decorative elements such a board and batten cladding, wood door entablature, and fine gingerbread scrollwork detailing; ▪ Rectangular window openings wood frames; ▪ One-and-half storey, gable roof addition built to a rectangular plan projecting from the south elevation; ▪ Orientation toward Highway 7. Bank Barn ▪ Two-storey massing built to a rectangular plan; ▪ Heavy square timber post and beam framing; ▪ North eave-side upper-level entrance built into banked slope; ▪ Vertical wood board cladding; ▪ Gambrel roof clad in sheet metal with lightening rods; Landscape ▪ Driveway connecting Highway 7 to the core of the farm complex; ▪ Intact circulation routes and building arrangement setback from Highway 7. - 184 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 58 9 PROPOSED UNDERTAKING AND IMPACTS 9.1 Description of Proposed Undertaking The proposed development concept for the project location consists of six food manufacturing buildings on the lot. The lot is currently zoned Rural Agricultural; however, it is designated Prestige Employment and Seaton Natural Heritage System in the Pickering Official Plan. Caplink intends to demolish the Vardon House and barn. Draft Plan of Subdivision (City File No. SP-2023- 03) and Zoning By-law Amendment (A 11/23) applications for Phase 2 of FGF Pickering Manufacturing Campus at 575, 625 and 685 Highway 7 have been adopted by City Council on May 27, 2024. The Phase 2 lands are approximately 36 hectares in size and located on the south side of Highway 7, east of North Road and north of Highway 407. The Draft approved Plan of Subdivision created employment blocks, including six blocks for employment uses, two road widening blocks located along Highway 7 and North Road, and two new municipal roads (Wonder Drive and Stonefire Road). A site plan of the proposed development concept is provided in Appendix B. 9.2 Potential Impacts When determining the effects a development or site alteration may have on known or identified built heritage resources or cultural heritage landscapes, the MCM Heritage Resources in the Land Use Planning Process advises that the following direct and indirect be considered: ▪ Direct Impact: A permanent or irreversible negative affect on the CHVI of a property that results in the loss of a heritage attribute. Direct impacts include destruction or alteration. ▪ Indirect Impact: An impact that is the result of an activity on or near a cultural heritage resource that may adversely affect the CHVI and/or heritage attributes of a property. Indirect impacts include shadows, isolation, direct or indirect obstruction of significant views or vistas, a change in land use, or land disturbances. It should be noted that land disturbances, as defined in MCM InfoSheet #5, can be considered as a direct impact to archaeological resources. An archaeological assessment is beyond the scope of this study since recommendations regarding archaeological resources must be made by a professional archaeologist licensed by the MCM. Other potential impacts may also be considered such as encroachment or construction vibration (Plate 7). Historical structures, particularly those built in masonry, are susceptible to damage from vibration caused by pavement breakers, plate compactors, utility excavations, and increased heavy vehicle travel in the immediate vicinity. Like any structure, they are also threatened by collisions with heavy machinery, subsidence from utility line failures, or excessive dust (Randl 2001:3-6). - 185 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 59 Plate 7: Examples of negative impacts Although the MCM Heritage Resources in the Land Use Planning Process identifies types of impact, it does not advise on how to describe its nature or extent. For this the MCM Guideline for Preparing the Cultural Heritage Resource Component of Environmental Assessments (1990:8) provides criteria of: ▪ Magnitude - amount of physical alteration or destruction that can be expected ▪ Severity - the irreversibility or reversibility of an impact ▪ Duration - the length of time an adverse impact persists ▪ Frequency - the number of times an impact can be expected ▪ Range - the spatial distribution, widespread or site specific, of an adverse impact ▪ Diversity - the number of different kinds of activities to affect a heritage resource Since advice to describe magnitude is not included in the MCM Guideline or any other Canadian guidance, the ranking provided in the ICOMOS Guidance on Heritage Impact Assessments for Cultural World Heritage Properties (ICOMOS 2011: Appendix 3B) is adapted here. While developed specifically for World Heritage Sites, it is based on a general methodology for measuring the nature and extent of impact to cultural resources in urban and rural contexts developed for the UK Highways Agency Design Manual for Roads and Bridges [DMRB]: Volume 11, HA 208/07 (2007: A6/11) (Bond & Worthing 2016:166-167) and aligns with approaches developed by other national agencies such as the Irish Environmental Protection Agency (reproduced in Kalman & Létourneau 2020:390) and New Zealand Transport Agency (2015). The grading of impact is based on the “Guide to Assessing Magnitude of Impact” summarized in Table 9-1 below. - 186 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 60 An assessment of potential impacts resulting from the proposed development on the property’s CHVI and heritage attributes is presented in Table 9-2. Table 9-1: Impact Grading Impact Grading Description Major Change to heritage attributes that contribute to the CHVI such that the resource is totally altered. Comprehensive changes to the setting. Moderate Change to many heritage attributes, such that the resource is significantly modified. Changes to the setting of a heritage property, such that it is significantly modified. Minor Change to heritage attributes, such that the asset is slightly different. Change to the setting of a heritage property, such that it is noticeably changed. Negligible/Potential Slight changes to heritage attributes or the setting that hardly affects it. None No change to heritage attributes or setting. Table 9-2: Evaluation of Impacts to Subject Property at 575 Highway 7 Criteria Evaluation Destruction of any, or part of any, significant heritage attributes or features; Impact: Major Analysis: The proposed development concept involves the demolition of the house and barn which were identified as representative examples of their styles and would remove all the landscape heritage attributes. Mitigation measures are required. Alteration that is not sympathetic, or is incompatible, with the historic fabric and appearance; Impact: None Rationale: The subject property will not be altered, rather it is proposed to be demolished, resulting in the full removal of its historic fabric and appearance. Shadows created that alter the appearance of a heritage attribute or change the viability of a natural feature or plantings, such as a garden; Impact: None/N/A Rationale: The subject residence is proposed to be demolished. As such, no new shadows will be created that alter the appearance of the heritage attributes as they will be removed. Isolation of a heritage attribute from its surrounding environment, context or a significant relationship; Impact: None/N/A Rationale: Heritage attributes will not be isolated from their surrounding environment, context or significant relationship. The property is proposed to be demolished, resulting in the removal of all heritage attributes. Direct or indirect obstruction of significant views or vistas within, from, or to built and natural features; Impact: None/N/A Rationale: No significant views were identified as heritage attributes of the subject property. Accordingly, no impacts related to views are anticipated. A change in land use such as rezoning a battlefield from open space to residential use, allowing new development or site alteration to fill in the formerly open spaces; Impact: Major Rationale: The change is land use to allow large scale warehouses will make it difficult to conserve this nineteenth century farm landscape. Land disturbances such as a change in grade that alters soils, and drainage Impact: Potential - 187 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 61 Criteria Evaluation patterns that adversely affect an archaeological resource. Rationale: A Stage 1-2 Archaeological Assessment is currently being completed for the subject property. The results of the assessment were not available at the time this report was produced. 9.2.1 Impact Assessment summary The preceding impact assessment determined that without conservation or mitigation measures, the proposed development will result in major direct and indirect impacts to the identified heritage attributes of the subject property. The anticipated impacts are related to: ▪ Destruction of the Vardon House and associated barn as a result of the construction of the food manufacturing facility; ▪ A change in land use from rural agricultural to employment lands, which threatens the continued viability of the farm complex in situ; and ▪ Land disturbances related to the construction of the food manufacturing facility. Given that direct and impacts are anticipated, an options analysis of potential alternatives, mitigation and conservation options is provided in Section 10. - 188 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 62 10 ALTERNATIVES, MITIGATION AND CONSERVATION OPTIONS As the subject property was evaluated to have CHVI and will be impacted by the proposed development, WSP has identified four possible options to reduce or avoid the negative effects. These are informed by the objectives included in the City of Pickering Official Plan and are: 1) “Do Nothing”: Preserve and maintain the Vardon House, associated barn and all landscape heritage attributes in situ with no further development of the property. 2) Relocate the Vardon House within the site to a more convenient location with an adaptive reuse, dismantle and salvage heritage attributes from barn and develop the manufacturing campus on the property. 3) Remove the Vardon House and associated barn, salvaging heritage attributes from the structures and develop the manufacturing campus on the property. The advantages and disadvantages of each option are presented in Table 10-1. It is only after an option is determined to not be feasible that the next preferred approach is considered. - 189 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 63 Table 10-1: Alternatives, Mitigation and Conservation Options Options Advantages Disadvantages Mitigation/ Conservation Notes 1) “Do Nothing”: Preserve and maintain the Vardon House, associated barn and all landscape heritage attributes in situ with no further development of the property. This option would maintain the general heritage principle that prefers minimal intervention to a heritage resource. It would ensure that the subject property retains all identified heritage attributes. This option is consistent with the Official Plan policy Section 8.2 (c) that states: prevent the demolition, destruction or inappropriate alteration of important cultural heritage resources to the extent possible, and Section 8.2 (d) that states: where possible, restore, rehabilitate, maintain and enhance important cultural heritage resources owned by the City, and encourage the same for those owned by others. Additionally Section 8.9 (a) that encourages retention of cultural heritage resources in their original location. This option is also keeping with the MCM’s Eight Guiding Principles for the Conservation of Historic Places that identify a building should not be removed unless there is no other means to save it and that alterations to a cultural heritage resource should be reversible. Preservation is not a “do nothing” approach: to ensure the buildings do not suffer from rapid deterioration, repairs must be carried out and a systematic monitoring and repair program will be required for all exteriors and interiors. As identified in the MCM Eight Guiding Principles (2007), maintenance is required to avoid costly conservation projects in the future. None necessary. 2) Relocate the Vardon House within the site to a more convenient location with an adaptive reuse, dismantle and salvage heritage attributes from barn and develop the manufacturing campus on the property. Although this option would involve a major intervention to the agricultural character of the subject property, it would result in maintenance of some of the heritage attributes belonging to the Vardon House. Given the difficulty in moving barn, it would likely have to be dismantled and elements could be salvaged and reused in the proposed development. Moving the Vardon House would allow for more convenient placement, allowing the land to be maximized for the proposed manufacturing facility. Section 8.9 (c) of the Official Plan requires consideration of relocation on-site prior to considering relocation of a resource off-site. While this option would retain the Vardon House, it would include removal of all the barn and landscape heritage attributes and alter the agricultural character of the historic landscape and surrounding area. This option is inconsistent the MCM’s Eight Guiding Principles in the Conservation of Historical Properties which encourages respect for original location. Additionally, the Pickering Official Plan states that development should not result in any demolition, construction, alteration, remodeling, or any other action that would adversely affect the heritage features of the property. Relocating the Vardon House would place the building at risk of accidental damage during the relocation operation, or total loss due to accident or unforeseen structural issues discovered during the relocation process. It is also in direct opposition to the MCM Guiding Principle for “original location” which states that buildings should not be moved “unless there is no other means to save them since any change in site diminishes heritage value considerably”. This would still result in removal of the heritage attributes that reflect the value of the property as an evolved farm cultural heritage landscape. To stabilize and conserve the Vardon House in its current location before construction of the surrounding development begins and during construction a Temporary Protection Plan (TPP) should be completed. There is often a lengthy period between the formal submission of a planning application and reoccupation of a heritage buildings. During this time, heritage buildings can be vulnerable to neglect, loss and accidental damage. A TPP should be completed by a qualified engineer or architect with demonstrated experience working with historical structures and should include the following: ▪ Marking heritage attributes on the construction plans; ▪ Temporary construction fencing between the Vardon House, barn and the proposed development; ▪ Establish a regular inspection and monitoring schedule; ▪ Communication protocols that identify who should be informed about the heritage attributes and who should be contacted if there is accidental damage; ▪ A plan for potential physical impacts such as accidental damage from machinery; ▪ A plan for appropriate repairs should damage occur to the building(s). ▪ Regular inspection and monitoring protocol. A Mothballing Plan should be completed to examine the current condition of the Vardon House to suggest stabilization and maintenance measures necessary to temporarily mothball and secure the structure and its heritage attributes until a future use is determined. A Heritage Conservation Plan is a document that identifies how cultural heritage resources should be conserved. It should detail the conservation methods, required actions and trades for the conservation methods and an implementation schedule to conserve the landscape’s heritage attributes in the short-, medium-, and long-term. Heritage Conservation Plans are typically completed by structural engineers or architects with experience rehabilitating historic structures. In accordance with the MCM’s Heritage Resources in Land Use Planning Process design guidelines that harmonize mass, setback, setting and materials is a mitigation measure to reduce impacts to cultural heritage resources. The design of the building immediately surrounding the historic structure should be sensitively designed to reflect a similar massing, height, and materials. A vegetative buffer between the proposed buildings and adjacent Vardon House would assist is reducing the visual impact of the new food production facility against the nineteenth century house. - 190 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 64 Options Advantages Disadvantages Mitigation/ Conservation Notes A landscape plan should incorporate a vegetative screen between the new buildings and the Vardon House. Prior to demolition of the Central Ontario barn, determine what materials can be salvaged and document those elements into a standardized salvage inventory. The results of this inventory should be included a Cultural Heritage Resource Documentation Report (CHRDR). A reputable contractor with expertise in salvage should be contracted to salvage the identified building materials. The contractor should prepare an approach for the labelling, storage and reassembly of material salvaged from the property, as appropriate, in accordance with guidance taken from the Standards and Guidelines for the Conservation of Historic Places in Canada, Section 4: Guidelines for Materials; ▪ The ultimate destination of salvaged materials should be determined prior to the initiation of any salvage process; ▪ Materials should only be salvaged if they are suitable for re-use in other buildings or projects, i.e., the material must not be irreparably damaged or infested; ▪ The material must be extracted in a manner that ensures that it is not irreparably damaged; ▪ Should any of the material be damaged during removal, donation to a teaching institution or museum (i.e. Pickering Museum Village, Algonquin College) should be considered to allow the material to provide an educational opportunity. Design the project to integrate new physical elements to the Vardon House to be sympathetic and compatible with the residence. The Parks Canada’s Standards & Guidelines for the Conservation of Historic Places in Canada (2010) should be considered. Construction activities often result in fugitive dust emission which can be detrimental to the long term protection of heritage resources. A fugitive dust emissions plan should follow practices outlined in the Ontario Standards Development Branch Technical Bulletin: Management Approaches for Industrial Fugitive Dust Sources (2017). Given the proximity of the adjacent heritage properties to the proposed development, a comprehensive pre-construction survey should be completed and a Zone of Influence Construction Vibration Study to monitor and mitigate vibration impacts during construction. Where possible prevent heavy equipment traffic from being routed in the vicinity of the Vardon House to minimize potential effects from vibration. 3) Remove the Vardon House and associated barn, salvaging heritage attributes from the structures and develop the manufacturing campus on the property. Some of the Vardon House and barn’s heritage attributes could be salvaged and reused in the proposed development. This option would provide a record of the residence and recommendations for items to be salvaged, if appropriate. These elements could be potentially integrated into the proposed development. Historical materials could also be donated for reuse in other historical structures or to teaching institutions. The salvage and reuse of material is consistent with Pickering Official Plan policy 11.64 a, c and e. This would result in the complete and irreversible loss of all the identified heritage attributes. This option is inconsistent with the Town of Pickering’s heritage policies in the Official Plan, the MCM’s Eight Guiding Principles in the Conservation of Historical Properties and general heritage conservation best practices. Prior to demolition of the Vardon House and Central Ontario barn, determine what materials can be salvaged and document those elements into a standardized salvage inventory. The results of this inventory should be included a Cultural Heritage Resource Documentation Report (CHRDR). A reputable contractor with expertise in salvage should be contracted to salvage the identified building materials. The contractor should prepare an approach for the labelling, storage and reassembly of material salvaged from the property, as appropriate, in accordance with guidance taken from the Standards and Guidelines for the Conservation of Historic Places in Canada, Section 4: Guidelines for Materials; ▪ The ultimate destination of salvaged materials should be determined prior to the initiation of any salvage process; ▪ Materials should only be salvaged if they are suitable for re-use in other buildings or projects, i.e., the material must not be irreparably damaged or infested; ▪ The material must be extracted in a manner that ensures that it is not irreparably damaged; ▪ Should any of the material be damaged during removal, donation to a teaching institution or museum (i.e. Pickering Museum Village or Algonquin College) should be considered to allow the material to provide an educational opportunity. - 191 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 65 10.1 Options Analysis Based on the review of the alternatives, mitigation and conservation options analysis presented in Table 10-1, Option 1, preserve and maintain the residence in situ with no further development of the property, is the preferred option from a cultural heritage perspective, followed by Option 3 and lastly Option 2. 10.1.1 Option 1 Option 1 is the preferred alternative from a cultural heritage perspective as it would maintain the general heritage principle that prefers minimal intervention to a heritage resource. However, as described in Section 9, the subject property is designated Prestige Employment, which in the Pickering Official Plan is intended to be more focused on offices and lighter industrial uses. The intent is to direct Prestige Employment uses, such as offices and light manufacturing uses without outdoor storage, to the Highway 407 corridor and locate population-serving uses, such as personal services, retailers, education, health care and government land uses closer to residential areas. The intent is to create an economically and fiscally sustainable community in the long term through a balance of residential and employment growth in the Seaton Urban Area. As such, a “do nothing” approach would not address the City of Pickering’s objectives for significant job growth within these areas. 10.1.2 Option 2 Option 2 is the least preferred alternative, and best practices dictate that this option is to be considered as a last resort prior to demolition. Although relocation of the subject residence is consistent with the principle of preservation of material to its highest integrity and would maintain some heritage attributes, removal from its existing context in the Highway 7 corridor would remove its contextual and diminish its historical or associative CHVI. The CHVI of 575 Highway 7 is derived from the contribution it makes to defining and maintaining the nineteenth century agricultural character of Highway 7; relocation of the house would significantly reduce its historical authenticity and constitute an adverse effect on the CHVI. Given the functional site requirements of the proposed development, including the overall size and placement of the buildings, the location of the truck loading bays and transportation routes, the relocation of the Vardon House to a prominent Highway 7 facing location is not available. As such, relocation is not a recommended conservation option. 10.1.3 Option 3 Option 3, demolition, represents the recommended alternative and would result in the removal of the residence and all its heritage attributes. This alternative has only been selected as relocation has not proven to be a feasible option. This option preserves a record of the property’s heritage attributes in a manner scaled to their level of cultural heritage significance. Prior to demolition of the Vardon House and Central Ontario barn, determine what materials can be salvaged and document those elements into a standardized salvage inventory. The results of this inventory should be included a Cultural Heritage Resource Documentation Report (CHRDR). A reputable contractor with expertise in salvage should be contracted to salvage the identified building materials. The contractor should prepare an approach for the labelling, storage and reassembly of material salvaged from the property, as appropriate, in accordance with guidance taken from the Standards and Guidelines for the Conservation of Historic Places in Canada, Section 4: Guidelines for Materials; - 192 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 66 ▪ The ultimate destination of salvaged materials should be determined prior to the initiation of any salvage process; ▪ Materials should only be salvaged if they are suitable for re-use in other buildings or projects, i.e., the material must not be irreparably damaged or infested; ▪ The material must be extracted in a manner that ensures that it is not irreparably damaged; ▪ Should any of the material be damaged during removal, donation to a teaching institution or museum (i.e. Pickering Museum Village or Algonquin College) should be considered to allow the material to provide an educational opportunity. While documentation and salvage can never truly mitigate the loss of a heritage resource, documentation creates a public record the structure and provides researchers and the public with a land use history, construction details and photographic record of the resource. The documentation and photographs contained within this report may serve as a sufficient record of the house and the outbuildings and this determination should be made by City staff. The purpose of salvaging heritage building material is to preserve portions of features of buildings or structures that have historical, architectural or cultural value and divert them from becoming land fill material. Sourcing materials for repair and replacement can be challenging, especially if the materials are from a historical source that no longer exists, such as a quarry, or a manufacturing facility that has closed (Parks Canada, 2010). As such, the careful salvage of these materials from one historic structure can represent an opportunity for the in-kind replacement of quality historical material on another. Some of these materials can also be incorporated into the new design if appropriate. If any materials are incorporated into the manufacturing campus, there should be an interpretive display to convey that these materials were reused from the previous structures on the site. If any salvaged items are used for a commemorative display, they should be appropriately catalogued and stored until they can be reused on-site. This should also be clearly communicator to the contractor. Symbolic conservation allows for the recovery of heritage components of a property and reuses them to construct a visible record of the resource. This approach, along with the reuse of portions of a property, is often the recommended mitigation strategy when retention or relocation of a structure is determined not to be feasible. Preliminary options for symbolic conservation onsite include: ▪ Incorporation of salvaged materials, such as field stones, bricks, timber beams, wood planks, floor boards, etc. into entry gates, retaining walls, fences, benches or landscape features (i.e., planters) within the station area; and/or ▪ The construction of an interpretive plaque commemorating the area’s heritage and/or property’s history. 10.2 Implementation and Monitoring Below, Table 10-2 outlines the recommended schedule and reporting structure for implementation and monitoring of conservation/mitigative/avoidance measures addressed to conserve the heritage attributes of the built heritage resource. The requirement for these heritage mitigation measures may be incorporated by the City of Pickering into Site Plan Approval as outlined below. - 193 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 67 Table 10-2: Short-term, medium-term and long-term actions for Option 3 CONSTRUCTION PHASE MITIGATION MEASURES DEVELOPMENT APPLICATION CONDITIONS Pre-Construction Complete a Documentation & Salvage Report ✓ Construction Symbolic conservation ✓ Post-Construction n/a n/a - 194 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 68 11 RECOMMENDATIONS Based on the results of the historical research, field review, site analysis and evaluation of the subject property against the criteria for heritage designation under O. Reg. 9/06 of the OHA, 575 Highway 7 was confirmed to possess local CHVI for design/physical, historical/associative, and contextual reasons. The proposed development, consisting of the construction of six food manufacturing buildings within the property will pose major direct impacts to the identified heritage attributes of 575 Highway 7. Based on the review of the alternatives, mitigation and conservation options analysis, Option 1, Do Nothing, is the preferred option from a cultural heritage perspective. However, a Do Nothing approach is not feasible as the subject property is designated Prestige Employment and Seaton Natural Heritage System in the Pickering Official Plan. This approach would be a constraint on the proposed concept plan and future development. As such, Options 3 is the next preferred option, followed lastly by Option 2. The following conservation/mitigation strategies are recommended: 1) Prepare a Cultural Heritage Resource Documentation Report for the Vardon House and barn on the subject property. 2) That options for symbolic conservation using salvaged materials be explored within the proposed development. 3) Should development plans change significantly in scope or design after approval of this HIA, additional cultural heritage investigations may be required. 4) Once finalized, a copy of this HIA should be distributed to the City of Pickering Local History Collection Digital Archive. - 195 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 69 BIBLIOGRAPHY Armstrong, F.H. (1985). Handbook of Upper Canadian Chronology. Hamilton: Dundurn Press, Ltd. Bond, S. and Worthing, D. (2016) Managing Built Heritage : The Role Of Cultural Values and Significance. Chichester, West Sussex : Wiley Blackwell. Canada Farmer, The. (1864) Volume 1, No. 2 (Feb. 1, 1864). Toronto : G. Brown. 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In the Archaeology of Southern Ontario to A.D. 1650, Ed C.J. Ellis and N. Ferris, pp. 65-124. Occasional Publication of the London Chapter, OAS No. 5. London: Ontario Archaeology Society. English Heritage. (2008). Conservation Principles. English Heritage, London. Ennals, P.M. (1972). “Nineteenth-Century Barns in Southern Ontario.” In The Canadian Geographer, pp. 256-269. Toronto: University of Toronto Press. FamilySearch.org. Abstract index books, ca. 1800-1958. Retrieved from: https://www.familysearch.org/ark:/61903/3:1:3Q9M- CSLG-L3V4-C?cat=486525 Farewell, J.E. (1907). County of Ontario: short notes as to the early settlement and progress of the county and brief references to the pioneers and some Ontario County men who have taken a prominent part in provincial and dominion affair. Whitby, ON: Gazette-Chronicle Press. Fram, M. (1993). Well-Preserved: The Ontario Heritage Foundation’s Manual of Principles and Practice for Architectural Conservation. Third edition. Boston Mills Press, Erin, Ontario. Government of Ontario 1990 Planning Act, R.S.O. 1990, c. P.13. Last amendment: April 6, 2023. Available online: https://www.ontario.ca/laws/statute/90p13. Last accessed May 3, 2023. 1990 Guideline for Preparing the Cultural Heritage Resource Component of Environmental Assessments. 1990 Ontario Heritage Act, R.S.O. 1990, Chapter O.18. Last amendment: January 1, 2023. Electronic document: https://www.ontario.ca/laws/statute/90o18. Last accessed February 7, 2023. 2006 Heritage Resources in the Land Use Planning Process: Cultural Heritage and Archaeology Policies of the Ontario Provincial Policy Statement, 2005. Electronic document: file:///C:/Users/heidy.schopf.WOODPLC/Downloads/Heritage_Tool_Kit_Heritage_PPS_infoSheet%20(8).pd f. Last accessed October 30, 2019. 2014 Standards and Guidelines for Conservation of Provincial Heritage Properties: Heritage Identification & Evaluation Process. MHSCTI, Toronto. 2017 Ontario Heritage Tool Kit. Electronic document: http://www.mtc.gov.on.ca/en/heritage/heritage_toolkit.shtml. Last accessed October 30, 2019. 2019 Preparing environmental assessments: How to prepare different types of environmental assessments in Ontario. Electronic document: https://www.ontario.ca/page/preparing-environmental-assessments#section- 1. Last accessed October 30, 2019. - 197 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 71 2020 Provincial Policy Statement. Electronic document: https://files.ontario.ca/mmah-provincial-policy-statement- 2020-accessible-final-en-2020-02-14.pdf. Last accessed December 15, 2020. 2021 Map of Ontario treaties and reserves. Available online: https://www.ontario.ca/page/map-ontario-treaties- and-reserves. Last accessed September 17, 2021. 2022 Ontario Regulation 569/22. Available online: https://www.ontario.ca/laws/regulation/r22569. Last accessed February 7, 2023. Haudenosaunee Confederacy(2022) Land Acquisition. Available online: https://www.haudenosauneeconfederacy.com/land-aquisition/ Last accessed November 11, 2022. Historic England. (2016). Understanding Historic Buildings: A Guide to Good Recording Practice. English Heritage, Swindon, UK. Historic England International Council on Monuments and Sites (ICOMOS). (2011). Guidance on Heritage Impact Assessments for Cultural World Heritage Properties. Retrieved from: www.icomos.org/world_heritage/HIA_20110201.pdf J.H. Beers & Co. (1877). Illustrated Historical Atlas of the County of Ontario. Toronto: J. H. Beers & Co. Johnson, L.A. (1973). History of the County of Ontario, 1615-1875. Whitby, ON: The of the County of Ontario Kalman, H. (1979). The Evaluation of Historic Buildings. Parks Canada. Kalman, H. (2014). Heritage Planning: Principles and Process. Routledge, New York. Kalman, H. and M. Létourneau. (2020). Heritage Planning: Principles and Process. Routledge, New York. Kyles, S. (2016). Barns. Retrieved from: www.ontarioarchitecture.com/barn.htm Laurie Smith Heritage Consulting (LSHC). (2015). Cultural Heritage Property Evaluation Report: 940 Whitevale Road, Pickering, Ontario. Retrieved from: https://corporate.pickering.ca/weblink/1/doc/152701/Electronic.aspx Library and Archives Canada. (2021). Canadian Censuses. [accessed January 2023]. https://www.baclac.gc.ca/eng/census/Pages/census.aspx Mika, N. & H. Mika. (1981). Places in Ontario, Their Name Origins and History, Part II, F-M. Belleville, Ontario: Mika Publishing Company. - 198 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 72 Ministry of Citizenship and Multiculturalism (MCM). (2019). List of Heritage Conservation Districts. Retrieved from: www.mtc.gov.on.ca/en/heritage/ heritage_conserving_list.shtml Ministry of Citizenship and Multiculturalism (MCM). (2007). Eight Guiding Principles in the Conservation of Built Heritage Properties. Retrieved from: www.heritagetrust.on.ca/en/pages/tools/tools-for-conservation/eight-guiding-principles Ministry of Citizenship and Multiculturalism (MCM). (2006). Heritage Resources in the Land Use Planning Process. Retrieved from: www.mtc.gov.on.ca/en/publications/Heritage_Tool_Kit_Heritage_PPS_infoSheet.pdf Ministry of Indigenous Affairs. (2020). Map of Ontario Treaties and Reserves. Retrieved from: www.ontario.ca/page/map-ontario-treaties-and- reserves Ministry of Municipal Affairs and Housing (MMAH). (2020). Provincial Policy Statement. Retrieved from: www.ontario.ca/page/provincial-policy-statement-2020 Mississaugas of the Credit First Nation (2022) Treaty Lands & Territory. Available online: http://mncfn.ca/about-mncfn/treaty-lands-and-territory/. Last accessed September 9, 2022. New Zealand Transport Agency. (2015). Historic Heritage Impact Assessment Guide for State Highway Projects. New Zealand Government, Wellington. Ontario Council of University Libraries. (n.d.). Historical Topographic Map Digitization Project: Markham Sheets. [accessed January 2023]. https://ocul.on.ca/topomaps/collection/) Ontario Land Registry Access. (2023). Abstract Index Books, Land Registry Office 40 (Pickering). [accessed January 2023]. https://www.onland.ca/ui/40/books/60706/viewer/838941323?page=1 Parks Canada. (2010). The Standards and Guidelines for the Conservation of Historic Places in Canada 2nd Edition. Retrieved from: www.historicplaces.ca/media/18072/81468-parks-s+g-eng-web2.pdf Pickering Public Library. (1965) History of the Green River School. Retrieved from: file:///P:/Archaeology%20and%20Heritage/2)%20HERITAGE/2023/01.%20575%20Highway%207,%20Picker ing%20%20HIA/5%20Technical/1.%20Background/Green%20River%20School.pdf Randl, Chad. (2001) Temporary Protection No. 3: Protecting a Historic Structure during Adjacent Construction. U.S. Department of the Interior National Parks Service Cultural Resources Tech Notes. http://www.nps.gov/tps/how-to- preserve/tech-notes/Tech-Notes-Protection03.pdf. Last Accessed: 20 November 2015. - 199 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 73 Sault, Margaret. (2021) A Story About the Toronto Purchase. In Indigenous Toronto. Denis Bolduc, Mnawaate Gordon-Corbiere, Rebeka Tabobondung, and Brian Wright-McLeod (Eds). Coach House Books, Toronto. Scheinman, Andre. (2004) Seaton Built Heritage Assessment. Prepared for the North Pickering Land Exchange Team, Ministry of Municipal Affairs and Housing, Planning and Development Division. Six Nations of the Grand River. (2022) Key Issues, Lands and Resources. Available online: Land Rights - Six Nations of the Grand River. Last accessed November 28, 2022. Spence, M.W., R.H. Pihl, and C. Murphy. (1990). Cultural Complexes of the Early and Middle Woodland Periods. In the Archaeology of Southern Ontario to A.D. 1650, Ed C.J. Ellis and N. Ferris, pp. 125-170. Occasional Publication of the London Chapter, OAS No. 5. London: Ontario Archaeology Society. Toronto Regional Real Estate Board (TRREB). (2023). 2319 Wildwood Cres. Retrieved from: www.realtor.ca/real-estate/25390578/2319-wildwood-cres-pickering- brock-ridge Tremaine, G. (1860). Tremaine’s Map of the Ontario County, Canada West. George R. and George M. Tremaine, Toronto UK Highways Agency. (2007) Design Manual for Roads and Bridges: Volume 11, HA 208/07. The Stationary Office, London. US National Park Service. (n.d) Bulletin 8: How to Evaluate the Integrity of a Property. Retrieved from: https://www.scahome.org/about_sca/NAPC_Sourcebook/165_pdfsam_Sourcebook%20SCA%2010.2005%2 0fifth%20edition.pdf Walton, G. (1837). The City of Toronto and the Home District Commercial Directory and Register with Almanack and Calendar for 1837. Toronto, Upper Canada, Dalton and W.J. Coates. Warrick, G. (2000). The Precontact Iroquoian Occupation of Southern Ontario. Journal of World Prehistory 14(4):415-456. Whitevale. (n.d.) Whitevale History. Retrieved from: http://www.whitevale.ca/history.html#:~:text=The%20hamlet%20of%20Whitevale%20was,on%20the%205th %20Concession%20Line. Wood R. (1911). Past Years in Pickering: Sketches of the History of the Community. William Briggs, Toronto, Ontario. - 200 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 74 Signature Page WSP Canada Inc. Claire Forward, BA (Hons.), MA, MSc Heidy Schopf, MAES, CAHP Cultural Heritage Specialist Cultural Heritage Lead - Ontario CF/HS/ld https://wsponlinecan.sharepoint.com/sites/ca-onarchandch/shared documents/cultural heritage/01_working_files/01_projects/2024/ca-wsp-231-00193-00_575 highway 7 - hia, chrdr, cp/hia/ca-wsp-231-00193-00_r_reva_575 highway 7 hia_4oct2024.docx pp Corals Zheng - 201 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 APPENDIX A FGF Food Manufacturing Campus – Phase 2 Draft Plan of Subdivision dated June 20, 2024 - 202 - June 20, 2024 - 203 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 APPENDIX B Built Heritage Assessment: 575 Highway 7 - 204 - - 205 - - 206 - - 207 - - 208 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 APPENDIX C Assessor Qualifications - 209 - Issued May 16, 2023; Revised October 16, 2024 CA-WSP-231-00193-00 Assessor Qualifications Heidy Schopf, MES, CAHP – Built and Landscape Heritage Team–Lead - Heidy Schopf the Built and Landscape Heritage Team Lead at WSP. She has over ten years’ experience in Cultural Resource Management. She is a professional member of the Canadian Association of Heritage Professionals (CAHP) and is MTO RAQs certified in archaeology/heritage. She has worked on a wide variety of projects throughout Ontario, including cultural heritage resources assessments, heritage impact assessments, documentation reports, cultural heritage evaluations, strategic conservation plans, heritage conservation district studies and plans and archaeological assessments. Ms. Schopf has extensive experience applying local, Provincial, and Federal heritage guidelines and regulations to evaluate protected and potential cultural heritage properties. She is skilled at carrying out impact assessments and developing mitigation measures to conserve the heritage attributes of properties where changes are proposed. Emily Game, BA, CAHP – Cultural Heritage Specialist - Ms. Game has project experience in assessing heritage buildings, bridges, and cultural heritage landscapes in support of land use planning applications and environmental assessments. Her responsibilities have included conducting background research, field assessment and report production for various built heritage resources including buildings, bridges and cultural heritage landscapes. Ms. Game has worked on a wide variety of projects from small, individual assessments of built heritage resources to large, complex interdisciplinary studies taking in a range of residential, public, commercial and industrial properties. Project work includes the application of legislation, policy framework, and tools such as the Ontario Heritage Act, Provincial Policy Statement, the Ontario Heritage Toolkit, the Standards and Guidelines for the Conservation of Historic Places in Canada, and various other policies and processes outlined by the Ontario Ministry of Citizenship and Multiculturism, individual municipalities, or public agencies. Claire Forward, MA, MSc, CAHP Intern – Cultural Heritage Specialist - Claire Forward is a Cultural Heritage Specialist at WSP and has over 10 years experience working on cultural heritage projects. Claire is an Intern Member of the Canadian Association of Heritage Professionals (CAHP). Claire started her career in cultural resource management in 2013 and completed her Bachelor of Arts Honours (2013) at Western University, Master of Arts (2015) at Maastricht University, and Master of Science (2018) at the University of Edinburgh. After graduation, Claire undertook several roles at Historic Environment Scotland, the Architectural Heritage Society of Scotland, Heritage Toronto as well as other architectural and cultural heritage management firms in Ontario. Claire has worked both locally and internationally on numerous cultural heritage projects with an emphasis on historic research and collaborative interpretation that informs effective environmental planning actions and resilient outcomes. - 210 - wsp.com - 211 - 1295 ORMONT DRIVE. TORONTO, ONTARIO M9L 2W6 January 6th, 2025 City Development City of Pickering One The Esplanade Pickering, ON L1V 6K7 Attention: Matthew Somerville, Senior Planner Heritage – Development Review and Urban Design RE: Demolition and Heritage Permit Application 575 Highway 7, Pickering Related City File No. SP 2023-03 TBG Project No. 22871 This letter is being issued to state that Caplink Limited (“Owner”) and the City have agreed to extend the consultation period beyond the 60-day period as required under Section 27(9) of the Ontario Heritage Act in order to accommodate the holiday break and provide the Pickering Heritage Committee with an opportunity to comment. Thank you, Martin Ng Caplink Limited , Attachment 5 to Report PLN 07-25 - 212 - Memo To: Susan Cassel City Clerk February 12, 2025 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: Lebovic Enterprises Limited- Blocks 67 and 68, Plan 40M-2664 File: PLC.40M-2664 Blocks 67 and 68, Plan 40M-2664 are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 12 townhouse dwelling units. On January 24, 2022, Council passed By-law 7904/22, 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 townhouse dwelling units were not completed and ready for private conveyance by the expiry date set out in By-law 7904/22 (January 24, 2024). Accordingly, a further by-law should be enacted, extending the expiry date to February 24, 2026. 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 24, 2025. PB:ca Attachments Location Map Draft By-law - 213 - Marathon Avenue ~ 1--------j 0 t-----l gi 1--------j <( t-----l af:j of Location Map File: PLC40M2664 PlCKERlNG Applicant: Lebovic Enterprises Limited Legal Description: Blocks 67 & 68, 40M-2664 City Development Department © The CorpOfatioo oflhe City of Pickerir,g Produced (in part) under license from: © Kir,g's Printer, Ontario Ministry of Natural Resoorces. All rights rese;ved.: © His Majesty the King in Right of Canada, Oepartmoot of Natural Resources. All rights reserved.:© Teraoot En16fprises Inc. and i1s suppliers. All righ1s reser...ed: @Municipal Property Assessment Corporal ion and itssuppliers.Allrightsreserved L:\PLANNI NG\O 1-MapFiles\Legal\Part Lot Control\PartlotControl _ 40M2664\PartlotControl _ 40M2664 .aprx .c cii c.. ro C Q) .c ;:j: I----N t-------L-__~ Date: Feb. 06, 2025 SCALE: 1:2,000 I THIS ISNOTAPLANa= SURVEY. - 214 - The Corporation of the City of Pickering By-law No. 8162/25 Being a by-law to exempt Blocks 67 and 68, Plan 40M-2664, 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 shallcease to apply to Blocks 67 and 68, Plan 40M-2664. 2.This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on February 24, 2026. By-law passed this 24th day of February, 2025. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 215 - Memo To: Susan Cassel City Clerk February 14, 2025 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: Zavala Developments Inc.-Blocks 54 to 57, 59, 62, 63 and 65 to 83, Plan 40M-2743 File: PLC.40M-2743.2 Blocks 54 to 57, 59, 62, 63 and 65 to 83, Plan 40M-2743 are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 181 townhouse dwelling units. On January 23, 2023, Council passed By-law 7987/23, 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 7987/23 (January 23, 2025). Accordingly, a further by-law should be enacted, extending the expiry date to August 24, 2026. 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 24, 2025. PB:ca Attachments Location Map Draft By-law - 216 - Crowsnest Hollow Wh i t e s R o a d Grosbeak Trail Elizabeth MacKenzie Drive Block54 Block55 Block56 Block57 Block58 Block59 Bl o c k 60 Bl o c k 61 Block62 Block63 Block64 Blo c k 65 Block66 Blo c k 67 Bl o c k 68 Block69 Block70 Block71 Block72 Block73 Block74 Bl o c k 75 Bl o c k 76 Block77 Block78 Blo c k 79 Bl o c k 80 Bl o c k 81 Blo c k 82 Blo c k 83 1:3,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: Part Lot Control THIS IS NOT A PLAN OF SURVEY. Date: Jan. 09, 2023 ¯ Zavala Developments Inc Blocks 54 to 83, 40M-2743 L:\PLANNING\01-MapFiles\Legal\Part Lot Control\PartLotControl_40M2743.mxd - 217 - The Corporation of the City of Pickering By-law No. 8163/25 Being a by-law to exempt Blocks 54 to 57, 59, 62, 63 and 65 to 83, Plan 40M-2743, Pickering 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) ofthe 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 ceaseto apply to Blocks 54 to 57, 59, 62, 63 and 65 to 83, Plan 40M-2743. 2.This by-law shall remain in force and effect for a period of eighteen months from thedate of the passing of this by-law and shall expire on August 24, 2026. By-law passed this 24th day of February, 2025. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 218 - Memo To: Susan Cassel February 19, 2025 City Clerk From: Kyle Bentley Director, City Development & CBO Copy: Director, Corporate Services & City Solicitor Chief Planner Division Head, Development Review & Urban Design Principal Planner, Policy Subject: Repeal of By-law 8015/23 and 8016/23 -Official Plan Amendment 46 – To avoid application fee refunds-Pre-consultation By-lawFile: OPA 22-003P Official Plan Amendment 46 (OPA 46), along with a revised Pre-consultation By-law, were approved by Council on May 23, 2023 (Resolution #202/23). OPA 46 made changes to the City’s development application review process that were needed at the time to avoid the City having to pay application refunds, maintain the integrity of public engagement in the review of development applications, and otherwise address the requirements of Bill 109, the More Homes For Everyone Act, 2022. Corresponding changes were to the revised Pre-consultation By-law that was approved at the same time. Following the City’s approval, four appeals of OPA 46 and the Pre-consultation By-law were filed with the Ontario Land Tribunal (OLT). Council directed staff to retain such external legal and other consulting resources as required to defend the decision of Council in this matter at the Ontario Land Tribunal (Resolution #249/23). While awaiting a hearing date before the OLT, the Planning Act was further amended by Bill 185, Cutting Red Tape to Build More Homes Act, 2024. The result of those amendments was to eliminate the requirement for municipalities to provide application refunds if set timelines for decisions and approvals were not met. A settlement has been reached between the appellants and the City’s external legal counsel to repeal By-law 8015/23 which gave effect to OPA 46 and repeal By-law 8016/23 which revised the Pre-consultation By-law. The result of repealing By-laws 8015/23 and 8016/23 would be to return the respective sections of the Official Plan and Pre-consultation By-law to their original wording. PW:ld Attachments By-law to repeal By-law 8015/23 By-law to repeal By-law 8016/23 - 219 - The Corporation of the City of Pickering By-law No. 8164/25 Being a by-law to repeal By-law 8015/23, a by-law to adopt Amendment 46 to the Official Plan for the City of Pickering (OPA 22-003/P) Whereas By-law 8015/23 was passed to protect The Corporation of the City of Pickering from application fee refunds mandated under certain circumstances in the Planning Act through Bill 109 was enacted on May 23, 2023; Whereas the Planning Act was further amended by Bill 185 to remove the requirement for application fee refunds; And whereas the amendments approved through By-law 8015/23 are no longer required to protect The Corporation of the City of Pickering from application fee refunds. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.By-law 8015/23 is repealed in its entirety; and 2.That this By-law shall come into effect upon the date of the final passing thereof. By-law passed this 24th day of February, 2025. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 220 - The Corporation of the City of Pickering By-law No. 8165/25 Being a by-law to repeal By-law 8016/23, a by-law to require consultation with the City prior to submission of applications for official plan amendments, zoning by-law amendments, site plans, plans of subdivision and plans of condominium Whereas By-law 8016/23 was passed to protect The Corporation of the City of Pickering from application fee refunds mandated under certain circumstances in the Planning Act through Bill 109 was enacted on May 23, 2023; Whereas the Planning Act was further amended by Bill 185 to remove the requirement for application fee refunds; And whereas the amendments approved through By-law 8016/23 are no longer required to protect The Corporation of the City of Pickering from application fee refunds. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.By-law 8016/23 is repealed in its entirety; and 2.That this By-law shall come into effect upon the date of the final passing thereof. By-law passed this 24th day of February, 2025. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 221 -