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HomeMy WebLinkAboutPLN 17-25Report to Executive Committee Report Number: PLN 17-25 Date: September 2, 2025 From: Kyle Bentley Director, City Development & CBO Subject: Proposed Indigenous Engagement Guide for Durham Region Area Municipalities File: A-2700-002 Recommendation: 1.That Council authorize City staff to participate in the creation of an Indigenous Engagement Guide for Durham Region area municipalities; 2.That Council agree to financially support the creation of an Indigenous Engagement Guide for Durham Region area municipalities: a.Based on a funding formula of: i.Whitby: 31% ii.Ajax, Clarington, Oshawa, and Pickering: 15% each iii.Brock, Scugog, Uxbridge: 3% each b.To an upset limit of $25,000 for Pickering’s portion of the costs; and 3. That Council authorize the Mayor and City Clerk to execute a cost sharing agreement among the City of Pickering, and the other area municipalities, a draft of which is included in Attachment 1, subject to any necessary, agreed to, minor refinements. 4.That the 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 authorization to partner with the other lower-tier municipalities in Durham Region in the creation of an Indigenous Engagement Guide for Durham Region area municipalities. Within that partnership, Pickering has been asked to financially support 15% of the costs for the creation of the Indigenous Engagement Guide. Staff recommend that Pickering’s portion of the project costs not exceed $25,000. A cost-sharing agreement is required among the City of Pickering and the other area municipalities participating in this project. PLN 17-25 September 2, 2025 Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. Financial Implications: The City’s maximum cost to participate in the creation of a Indigenous Engagement Guide for Durham Region area municipalities is $25,000. Approved Source of Funds – 2025 Current Budget Expenditure Account Source of Funds Budget 502230 – 11100 Property Tax $25,000.00 Discussion: The purpose of this report is to seek Council’s authorization to partner with the other lower-tier municipalities in Durham Region in the creation of an Indigenous Engagement Guide for Durham Region area municipalities. 1. Definition of Terms Indigenous – an umbrella term for First Nations (status and non-status), Métis and Inuit. First Nations – First Nations is a specific term for one of the three groups, encompassing those who are neither Inuit nor Métis, and are often further categorized by status (having legal recognition) and non-status (lacking legal recognition). 2. Duty to Consult/Engagement As the Crown, the Province of Ontario has a legal obligation to consult with Indigenous peoples where it determines that decisions or actions may adversely impact asserted or established Indigenous or treaty rights. Consultation generally involves: • providing timely and accessible information to the Indigenous community on the proposed project, activity or decision • obtaining information on any potentially affected rights • listening to any concerns raised by the Indigenous community, and • determining how to address these concerns, including attempting to avoid, minimize and/or mitigate adverse impacts on Indigenous or treaty rights While the legal responsibility for consultation rests with the Province, the Provincial Planning Statement (PPS) states that when coordinating planning matters: Planning authorities shall undertake early engagement with Indigenous communities and coordinate on land use planning matters to facilitate knowledge-sharing, support consideration of Indigenous interests in land use decision-making and support the identification of potential impacts of decisions on the exercise of Indigenous or treaty rights. PLN 17-25 September 2, 2025 Page 3 As a result, local municipalities such as Pickering have been directed by the Province to engage with Indigenous peoples on significant planning matters in their jurisdiction. City Development staff welcome the opportunity to learn from Indigenous peoples to facilitate the ongoing transformation of Pickering into a healthy and complete community. 3. Pickering’s Experience with Indigenous Engagement Engagement with Indigenous peoples is already a required element for the environmental assessments of municipal infrastructure projects. In conformity with the PPS, Pickering has also initiated engagement with the local Williams Treaties First Nations for major planning projects, such as the Official Plan Review and the proposed Northeast Pickering Secondary Plan. This has resulted in the City entering into Relationship/Capacity Agreements to financially reimburse the Mississaugas of Scugog Island First Nation for their participation in both of those projects. 4. Other Municipal Experiences Within Durham Region, each of the lower tier municipalities are also learning to engage with the Williams Treaties First Nations on their major planning projects. Unlike commenting agencies, such as school boards, conservation authorities, and utilities, the Williams Treaties First Nations rightsholders do not have the same resources and capacity to respond to engagement requests from multiple municipalities. This has resulted in confusion on how municipalities can authentically engage with First Nations while also remaining compliant with approval timeframes in the Planning Act. 5. Proposal for an Indigenous Engagement Guide for Durham Region area municipalities In an effort to improve the current ad hoc approach to First Nations engagement, the lower-tier municipalities in Durham Region are initiating the creation of an Indigenous Engagement Guide. This project is intended to help staff learn more about authentic engagement with the Williams Treaties First Nations, and to result in a guidance document that will provide best practices to engagement. Consistent and authentic engagement is intended to benefit both the Williams Treaties First Nations and the municipal planning authorities. A Request for Proposal is expected to be released in fall 2025 and awarded to a consultant in December 2025. The final Indigenous Engagement Guide for Durham Region area municipalities is expected to be issued in September 2026. Once completed, the Indigenous Engagement Guide may recommend future financial investments in the City’s ever-growing relationship with local Indigenous peoples. PLN 17-25 September 2, 2025 Page 4 6. Cost Sharing The Town of Whitby has initiated this project and has prepared a draft Request for Proposal that is being reviewed by staff. The proposed funding formula for this project is shown below: • Whitby: 31% • Ajax, Clarington, Oshawa, and Pickering: 15% each • Brock, Scugog, Uxbridge: 3% each Should Council agree to the funding formula noted above, staff recommend an upset limit of $25,000 for participation in this project. Pickering’s commitment to the proposed funding formula, along with the other lower-tier municipalities, is necessary to enable Whitby to proceed in releasing the Request for Proposal. 7. Conclusion Engagement with First Nations peoples for major municipal projects is not only a directive from the Provincial government, but is also an important demonstration of the City’s commitment to enhancing our relationship with First Nations. The creation of an Indigenous Engagement Guide will create consistency in the lower- tier municipality’s approach to engagement, and should clarify expectations and outcomes for both First Nations and City staff. It is recommended that Council authorize City staff to participate in the creation of an Indigenous Engagement Guide for Durham Region area municipalities; agree to financially support up to $25,000 towards the creation of an Indigenous Engagement Guide Durham Region area municipalities; and, the Mayor and the City Clerk execute a cost sharing agreement among the City of Pickering, and the other area municipalities, to give effect thereto. Attachment: 1. Draft Cost Sharing Agreement among the City of Pickering and the other area municipalities PLN 17-25 September 2, 2025 Page 5 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Stan Karwowski Director, Finance & Treasurer PW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer INDIGENOUS ENGAGEMENT GUIDE COST SHARING AGREEMENT Dated this day of August, 2025. B E T W E E N: THE CORPORATION OF THE TOWN OF WHITBY (“Whitby”) -and - THE CORPORATION OF THE CITY OF PICKERING (“Pickering”) -and - THE CORPORATION OF THE TOWN OF AJAX (“Ajax”) -and - THE CORPORATION OF THE CITY OF OSHAWA (“Oshawa”) -and - THE MUNICIPALITY OF CLARINGTON (“Clarington”) -and - THE CORPORATION OF THE TOWNSHIP OF BROCK (“Brock”) -and - THE CORPORATION OF THE TOWNSHIP OF SCUGOG (“Scugog”) -and - THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE (“Uxbridge”) RECITALS: WHEREAS Whitby, Pickering, Ajax, Oshawa, Clarington, Brock, Scugog and Uxbridge (individually a “Municipality” or collectively the “Municipalities”) are municipalities pursuant to the Municipal Act, 2001, S.O. 2001 c. 25, and are the eight (8) lower tier municipalities in the Region of Durham; AND WHEREAS the Municipalities are seeking to retain a consultant in order to develop a practical and actionable Indigenous Engagement Guide (“Indigenous Engagement Guide”) in order to support the duty to consult as set out by the Attachment 1 to Report PLN 17-25 - 2 - Constitution Act, 1982, and to provide best practices for land use and infrastructure consultation with Indigenous communities; AND WHEREAS the Municipalities have agreed to jointly procure and develop the Indigenous Engagement Guide, and to contribute financially to the development of the Indigenous Engagement Guide in accordance with agreed upon parameters; NOW THEREFORE, in accordance with the principles set out above, the parties hereby agree as follows: 1. DEFINITIONS 1.1. “Agreement” means this Indigenous Engagement Cost Sharing Agreement. 1.2. “Business Day” or “Business Days” shall mean any day(s) other than Saturday, Sunday or statutory holidays in the Province of Ontario. 1.3. “Consultant” means the entity which is awarded the Contract. 1.4. “Contract” means the agreement entered into between the Town of Whitby and the successful vendor for the preparation of the Indigenous Engagement Guide. 1.5. “Deputy CAO” means the Deputy CAO of the Town of Whitby. 1.6. “Notice” means any notice, request, direction or other document that the Municipalities or any one of them individually may give under this Agreement. 1.7. “Partner Municipalities” means all of the Municipalities except for Whitby. 1.8. “Project” shall mean the creation of the Indigenous Engagement Guide. 1.9. “RFP” shall mean the Request for Proposals to be issued by Whitby, in consultation with the remaining Municipalities, as set out in greater detail in Section 3 of this Agreement. 2. TERM AND SCOPE OF THE AGREEMENT 2.1. This Agreement shall commence on the date it is executed by all Municipalities and shall conclude once the final Indigenous Consultation Guide has been delivered by the Consultant (the “Term”). 2.2. This Agreement shall define the obligations and duties of the Municipalities with respect to undertaking the procurement of the Consultant and the drafting and implementation of the Indigenous Engagement Guide, and shall include the nature and specifications thereof and payments required to be made by each Municipality and such other matters more specifically set out herein. - 3 - 3. WHITBY ROLES AND RESPONSIBILITIES 3.1. It is agreed that Whitby will be leading the procurement process and managing the Contract on behalf of the Partner Municipalities. 3.2. Whitby shall be primarily responsible for the following: a) Drafting the RFP for review and comment from the Partner Municipalities; b) Issuing the RFP once finalized and approved by all Municipalities in accordance with Section 6 of this Agreement; c) At the conclusion of the question period as set out in the RFP, consolidating all questions and sending to the Partner Municipalities for review and comment, and issuing any addenda required to respond to the questions; d) Drafting and issuing any other addenda which may be required as part of the procurement process; e) Chairing the selection committee for the RFP process; f) Once all proposals submitted through the RFP process have been evaluated by the selection committee, notifying the selected bidder and conducting the pre-contract verification stage as set out in the RFP and in accordance with Whitby’s Procurement Policy; and g) Drafting the Contract, including leading any negotiations with the Consultant if required. 3.3. The RFP process will be conducted in accordance with Whitby’s Procurement Policy. The Contract will be awarded to the compliant bidder who is the highest ranked proponent following completion of the RFP process. The decision to award the Contract will be determined through the RFP process and will not be subject to the decision-making process as otherwise set forth in this Agreement. 3.4. Once the RFP process is complete and the Contract finalized, Whitby will enter into the Contract with the selected vendor and will be the party to the Contract. A copy of the executed Contract will be provided by Whitby to the Partner Municipalities. - 4 - 3.5. Whitby will draft the Contract to be included in the RFP package and will seek input from the Partner Municipalities in accordance with this Agreement. 3.6. Whitby shall be responsible for communications directly with the Consultant for the duration of the term of the Contract. Whitby shall provide periodic updates on the status of the Project to the Partner Municipalities. Whitby shall consult with the Partner Municipalities prior to providing direction to the Consultant where such direction involves a change to the Contract price, the duration of the Contract or the final Indigenous Consultation Guide. 3.7. Whitby shall provide any drafts of the Indigenous Consultation Guide to the Partner Municipalities for review and comment where such drafts are provided by the Consultant. Whitby shall not provide any comments back to the Consultant without first seeking the input of the Partner Municipalities and shall ensure that comments from all the Partner Municipalities are incorporated into any drafts sent back to the Consultant. 3.8. Whitby shall be the point of contact with the Consultant and shall be the only Municipality to communicate with the Consultant, save and except for the direct engagement and interviews that the Consultant will perform with each Municipality in accordance with the Contract. Such consultations and interviews shall be arranged directly between the Consultant and each Municipality. Whitby shall submit any questions or comments from any of the Partner Municipalities to the Consultant as necessary, and shall promptly provide any response to the Partner Municipalities. 3.9. Whitby shall continue to lead the review and collaboration with the Consultant until the Indigenous Consultation Guide is completed. 4. PARNTER MUNICIPALITIES’ ROLES AND RESPONSIBILITIES 4.1. The Partner Municipalities understand and agree that Whitby will be the party to the Contract and Whitby will be providing instructions to the Consultant on behalf of all Municipalities, such instructions to be determined in accordance with this Agreement. Where Whitby requests comments or information from the Partner Municipalities, each of the Partner Municipalities shall ensure that any response is provided within five (5) business days, unless otherwise indicated or required by Whitby or the Consultant. - 5 - 4.2. Where a Partner Municipality does not provide a response within the timelines provided, Whitby shall be permitted to respond to the Consultant without such input. 4.3. When provided by Whitby, the Partner Municipalities shall review any draft Indigenous Consultation Guide, requests for further information or other documents provided by the successful vendor, and provide any input and comments to Whitby. 4.4. The Partner Municipalities shall not communicate directly with the Consultant unless outlined in the RFP for engagement purposes. Any questions that any of the Partner Municipalities wish to ask the Consultant shall be submitted to the Deputy CAO, to be submitted to the Consultant. 4.5. Upon receipt of an invoice from Whitby, the Partner Municipalities shall ensure prompt payment of their respective share of the Consultant’s fees to Whitby. 5. COST SHARING 5.1. The Municipalities shall jointly share in the cost of the drafting and development of the Indigenous Consultation Guide. Each Municipality shall be responsible for its portion of the cost in accordance with the following: a) Whitby – 30% b) Pickering – 15% c) Ajax – 15% d) Oshawa – 15% e) Clarington – 15% f) Brock – 3% g) Scugog – 3% h) Uxbridge – 3%. 5.2. Payment to the Consultant shall be made in accordance with the Contract. Whitby shall make payments to the Consultant as required. Upon receipt of an invoice from the Consultant, Whitby will provide a copy of the Invoice to each of the Partner Municipalities, along with an invoice for each Municipalities’ respective share of the invoice. 5.3. Payment shall be made by each Municipality to Whitby within thirty (30) days of receipt of an invoice. - 6 - 5.4. Where a Municipality is in default of its payment obligations pursuant to this section, that Municipality shall not be entitled to receive further updates on the Project or to provide any further input to the Project until such time as payment has been made. 5.5. Each Municipality shall be responsible for its own internal costs in relation to the Project. No Municipality shall be obligated to provide payment to another Municipality, except as specifically authorized by this section. 5.6. Each Municipality shall be responsible for its own internal approvals required for the Project, including but not limited to any approval required by the Council of the Municipality. 6. DECISION MAKING 6.1. The Municipalities agree that all decision with respect to the Project will be made first through good faith discussions and consensus amongst all Municipalities, wherever possible. 6.2. In the event that a consensus cannot be reached within a reasonable amount of time, the decision shall be made by vote. In total, there shall be 100 votes cast with respect to the decision to be made. Each Municipality shall have a number of votes that is proportionate to the percentage of the costs being paid by the said Municipality. For greater certainty, the number of votes shall be as follows: a) Whitby – 30 votes b) Pickering – 15 votes c) Ajax – 15 votes d) Oshawa – 15 votes e) Clarington – 15 votes f) Brock – 3 votes g) Scugog – 3 votes h) Uxbridge – 3 votes. A decision shall be approved if it receives a majority of votes cast unless a higher threshold is otherwise specified in this Agreement. 7. TERMINATION 7.1. This Agreement may be terminated prior to the end of the Term where the Municipalities have agreed to terminate the Contract. Notwithstanding the provisions of Section 6, any decision to terminate the Contract shall be unanimous. In the event this Agreement is terminated, each Municipality shall provide its share - 7 - of any outstanding amounts to the Consultant, including any amounts for work completed but not paid for and any termination costs paid to the Consultant in accordance with the Contract. 8. INDEMNIFICATION 8.1. Each Municipality shall be responsible for any damages, losses or liabilities arising out of or in connection with the Project in proportion to its respective share of the costs as set out in section 5.1. This clause shall not apply where the damages result from the gross negligence, willful misconduct, fraud or breach of this Agreement by a specific Municipality or Municipalities (the “Defaulting Municipality/Municipalities”), in which case those parties shall be jointly and severally liable for such damages. 8.2. The Defaulting Municipality/Municipalities shall indemnify, defend and hold harmless the other Municipalities from and against all claims, liabilities, damages, losses, costs or expenses (including reasonable legal fees) incurred by them as a result of such gross negligence, willful misconduct, fraud or breach of this Agreement by the Defaulting Municipality/Municipalities. 8.3. Except as specifically noted in this Agreement, the Municipalities shall not have any liability in contract, tort or otherwise to one another in connection with this Agreement. 8.4. This indemnity shall survive the termination or expiration of this MOU. 9. GENERAL 9.1. The Municipalities will cooperate and communicate openly with each other on any matter relating to the administration of this Agreement and will meet as required. 9.2. This Agreement constitutes the entire agreement between the parties pertaining to the Project and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties, and shall not be amended, supplemented or modified except in accordance with this Agreement. 9.3. No alteration, amendment, change or addition to this Agreement will bind any of the Municipalities unless it is in writing and signed by the authorized representatives of each Municipality, unless otherwise provided for in this Agreement. For clarity, any alteration, amendment, change or addition shall only be effective from the date that the final Municipality signs. - 8 - 9.4. All notices required or permitted to be given under this Agreement shall be in writing and delivered personally, sent by regular pre-paid mail or transmitted by email, to the Municipalities at: To Whitby at: 575 Rossland Road East Whitby, Ontario L1N 2M8 Attention: Sarah Klein e-mail: kleins@whitby.ca and to Pickering at: One The Esplanade Pickering, Ontario L1V 6K7 Attention: Paul Wirch e-mail: pwirch@pickering.ca and to Ajax at: 65 Harwood Ave. South Ajax, Ontario L1S 2H9 Attention: Kassandra Brownridge e-mail: kassandra.brownridge@ajax.ca and to Oshawa at: 50 Centre Street South Oshawa, Ontario L1H 3Z7 Attention: Enez Perkins e-mail: EPerkins@oshawa.ca and to Clarington at: 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Justin MacLean e-mail: jmaclean@clarington.net - 9 - and to Brock at: 1 Cameron Street East PO Box 10 Cannington, Ontario L0E 1E0 Attention: Michelle Willson e-mail: Michelle.Willson@brock.ca and to Scugog at: 181 Perry Street Port Perry, Ontario L9L 1A7 Attention: Warren Mar e-mail: wmar@scugog.ca and to Uxbridge at: 51 Toronto Street South Uxbridge, Ontario L0P 1T1 Attention: Jennifer Gowland e-mail: jgowland@uxbridge.ca or to such other address and email address as either party may notify to the other from time to time. A notice sent by email shall be deemed to be received on the day and time at which it is sent. If such notice is sent after 4:30 pm on a Business Day or on a Holiday, the notice shall be deemed to have been received at 8:30 am on the next Business Day following the sending of the notice. A notice sent by regular letter mail or registered mail shall be deemed to be received five (5) days following delivery. 9.5. The failure of any Municipality at any time to require performance of any provision shall not affect the right to require performance at any other time, nor shall the waiver by either party of a breach of any provision be a waiver of any succeeding breach or a waiver of the provision itself. 9.6. If any provision of this Agreement is declared illegal, void or unenforceable for any reasons, such provision shall be severed from the balance of this Agreement and the remaining provisions hereof shall continue in full force and effect. 9.7. Words importing the singular number only shall include the plural, and vice versa. Words importing the masculine gender shall include the feminine gender, and vice - 10 - versa. Words importing persons shall include firms and corporations and vice versa. 9.8. The headings used in this Agreement are included for convenience only and shall not affect the interpretation hereof. 9.9. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. 9.10. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. If the signature is delivered by fax transmission or by email delivery of a scanned data file (Adobe PDF or otherwise), such signature shall create a valid and binding obligation on the party executing the Agreement with the same force and effect as if the fax or scanned data file (Adobe PDF or otherwise) were an original thereof. IN WITNESS WHEREOF the parties hereto have executed this Agreement by their duly authorized officers in that behalf. THE CORPORATION OF THE TOWN OF WHITBY Per: _________ Matthew Gaskell, Chief Administrative Officer Per: _________ Fuwing Wong, Commissioner, Financial Services & Treasurer THE CORPORATION OF THE CITY OF PICKERING Per: _____________________________________ Per: _____________________________________ - 11 - THE CORPORATION OF THE TOWN OF AJAX Per: _____________________________________ Per: _____________________________________ THE CORPORATION OF THE CITY OF OSHAWA Per: _____________________________________ Per: _____________________________________ THE MUNICIPALITY OF CLARINGTON Per: _____________________________________ Per: _____________________________________ THE CORPORATION OF THE TOWNSHIP OF BROCK Per: _____________________________________ Per: _____________________________________ THE CORPORATION OF THE TOWNSHIP OF SCUGOG Per: _____________________________________ - 12 - Per: _____________________________________ THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE Per: _____________________________________ Per: _____________________________________