HomeMy WebLinkAboutJune 14, 2010
Cirq a0 Executive Committee Meeting
Agenda
Monday, June 14, 2010
PICKERING Council Chambers
7:30 pm
Chair: Councillor O'Connell
(1) MATTERS FOR CONSIDERATION PAGES
1. Chief Administrative Officer's Report, CAO 12-10 1-4
Amendments to the Responsible Pet Ownership By-law
RECOMMENDATION
That the by-law included as Attachment #1 be adopted to amend the Responsible
Pet Ownership By-law.
2. Chief Administrative Officer's Report, CAO 13-10 5-10
Proposed Nuisance By-law
Addendum to Report Number CAO 05-10
RECOMMENDATION
That the draft Nuisance By-law, included as Attachment 1, providing restrictions
regarding littering, public urination, spitting, and fixture vandalism within the City of
Pickering, be enacted.
3. Chief Administrative Officer's Report, CAO 14-10 11-19
Requested Taxicab Fare Increase to Offset Harmonized Sales Tax
RECOMMENDATION
That the request by the Taxicab industry to increase taxicab fares to offset the
impact of the Harmonized Sales Tax be denied.
4. Chief Administrative Officer's Report, CAO 15-10 20-45
Reject in the Workplace Policy
RECOMMENDATION
That Council approve amendments to the Harassment Policy (HUR 070) and to
change the name of the Policy to Respect in the Workplace in order to comply with
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,
City oo Executive Committee Meeting
Agenda
_ Monday, June 14, 2010
PICKERING Council Chambers
T30 pm
Chair: Councillor O'Connell
the amendments to the Occupational Health & Safety Act as a result of Bill 168
being passed.
5. Director, Operations & Emergency Services, Report OES 13-10 46-57
Tender T-5-2010
- Full Depth Asphalt Removal and Replacement Glenanna Road and
Hampton Court
RECOMMENDATION
1 That Report OES 13-10 of the Director, Operations & Emergency Services
regarding the tender for Full Depth Asphalt Removal and Replacement of
Glenanna Road and Hampton Court be received;
2. That Tender T-5-2010 submitted by Furfari Paving Company Limited at a
cost of $974,208.90 (GST included) and a net cost of $927,818 be accepted;
3. That the total gross project cost of $1,110,708.90 (GST included) including
the tender amount.and other associated costs, and the total net project cost
of $1,057,818 be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project as follows:
a) that the sum of $700,000 to be funded from the Federal Gas Tax Grant, as
provided for in the 2010 approved Roads Capital Budget for Glenanna
Road be increased to $765,315;
b) that the sum of $200,000 to be funded from the Public Works Reserve
Fund as provided for in the 2010 approved Roads Capital Budget for
Glenanna Road be increased to $218,661;
c) that the sum of. $35,000 to be funded from the Federal Gas Tax Grant, as
provided for in the 2010 approved Roads Capital Budget for Hampton
Court be increased to $73,842;
Ctrs o¢~ Executive Committee Meeting
Agenda
Monday, June 14, 2010
PIC RING Council Chambers
7:30 pm
Chair: Councillor O'Connell
d) the Treasurer is authorized to take any actions necessary in order to effect
the foregoing; and
5. That notwithstanding that the construction of bike lanes within existing rights-
of-way is-a pre-approved Schedule A+ project in accordance with the
Municipal Class Environmental Assessment (October 2000, as amended in
2007) document, and requires only that the public be notified of the project,
the Director of Operations & Emergency Services and appropriate staff
undertake public consultation with affected property owners and user groups
on Glenanna Road regarding the introduction of bike lanes on Glenanna
Road report back to Council; and
6. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
6. Director, Corporate Services & Treasurer, Report CS 20-10 58-90
2009 Pre-Audit Balances of Reserves and Reserve Funds
RECOMMENDATION
That Report CS 20-10 of the Director, Corporate Services & Treasurer be received
for information.
7. Director, Corporate Services & Treasurer, Report CS 21-10 91-104
2010/2011 Property and Liability Insurance Renewal
RECOMMENDATION
1. That Report CS 21-10 of the Director, Corporate Services & Treasurer be
received;
2. That the City of Pickering renew its property, liability and other coverages
through the Frank Cowan Company for the period July 1, 2010 to June 30,
2011 inclusive.on terms and conditions acceptable to the Director, Corporate
Services & Treasurer;
3. That the Director, Corporate Services & Treasurer, as part of the Risk
Management Program, be authorized to continue the Reimbursable
Deductible Program through the Insurance Adjuster and the Frank Cowan
C~ o~ Executive Committee Meeting
Agenda
Monday, June 14, 2010
PICKERING Council Chambers
7:30 pm
Chair: Councillor O'Connell
Company and further, that the Director be authorized to settle any claims.
including any adjusting and legal fees where it is in the City's interest to do
so;
4. That the Director, Corporate Services & Treasurer be authorized to purchase
additional insurance, make changes to deductibles and existing coverages,
and alter terms and conditions as becomes desirable or necessary in order to
limit potential liability exposure and to protect the assets of the City and its
elected officials and staff; and,
5. That the appropriate officials be authorized to take the necessary actions to
give effect thereto.
8. Director, Corporate Services & Treasurer, Report CS 22-10 105-110
Development Charges -Annual Indexing
RECOMMENDATION
1. That Report CS 22-10 of the Director, Corporate Services & Treasurer be
received;
2. That effective July 1, 2010 as provided for in Section 16 of By-law 6978/09,
the Development Charges referred to in Sections 6 and 11 of that By-law be
decreased by 2.4 percent being the reduction in the construction price
statistics for the Noh-residential Building Construction Price Index as
reported by Statistics Canada for the year ended March 31, 2010; and,
3. That the appropriate officials of the City of Pickering be given authority to
give effect thereto.
9. Director, Corporate Services & Treasurer, Report 24-10 111-116
2010 Final Tax Due Dates for Commercial, Industrial and Multi-Residential
Realty Tax Classes
RECOMMENDATION
1. That Report CS 24-10 of the Director, Corporate Services & Treasurer be
received;
C--ttq off, Executive Committee Meeting
Agenda
Monday, June 14, 2010
PICKERING Council Chambers
7:30 pm
Chair: Councillor O'Connell
2. That the Director, Corporate Services & Treasurer be authorized to issue the
final 2010 Tax Bills for Commercial, Industrial and Multi-residential
properties with a due date of October 15th, 2010;
3. That the Director, Corporate Services & Treasurer be authorized to make any
changes or undertake any actions necessary, including altering the due date,
in order to ensure the tax billing process is completed and in order to comply
with Provincial Regulations;
4. That the draft By-law attached to this report be enacted; and,
5. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect hereto.
10. Director, Corporate Services & Treasurer, Report CS 25-10 117-119.
Section 357/358 of the Municipal Act- Adiustment to Taxes
RECOMMENDATION
1. That Report CS 25-10 of the Director, Corporate Services & Treasurer be
received;
2. That the write-offs of taxes as provided under Section 357/358 of the
Municipal Act, 2001 be approved; and,
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
11. Director, Corporate Services & Treasurer, Report CS 26-10 120-131
Tender T-3-2010
-Supply and Delivery of HP & Cisco Equipment
RECOMMENDATION
1. That Report CS 26-10 regarding The Supply and Delivery of HP & Cisco
Equipment be received;
i
Crq oo Executive Committee Meeting
Agenda
Monday, June 14, 2010
PICKERING Council Chambers
7:30 pm
Chair: Councillor O'Connell
2. That Tender T-3-2010 submitted by GENX Solutions (Section 1, Model 2) at
a cost of $25,000.78 (HST included) and a net cost of $22,513.97 be
accepted;
3. That Tender T-3-2010 submitted by Conpute (Section 2) at a cost of
$20,253.85 (HST included) and a net cost of $18,239.22 be accepted,
4. That Tender T-3-2010 submitted by Konnecud Tech (Section 4) at a cost of
$71886.29 (HST included) and a net cost of $7,101.85 be accepted;
5. That Tender T-3-2010 submitted by MAD Information Systems (Section 3,
Model 2) at a cost of $48,423.44 (HST included) and a net cost of $43,606.81 be
accepted;
6. That Tender T-3-2010 submitted by MAD Information Systems (Section 3,
Model 4) at a cost of $3,582.37 (HST included) and a net cost of $3,226.04 be
accepted;
7. That Tender T-3-2010 submitted by MAD Information Systems (Section 3,
Laptop and Docking Station) at a cost of $9,862.18 (HST included) and a net
cost of $8,881.19 be accepted;
8. That the total gross project cost of $115,008.91 (HST included) and the total
net project cost of $103,569.08 be approved;
9. That Council authorizes the Director, Corporate Services & Treasurer to
finance the project from the approved Information Technology 2010 Capital
Budget from property taxes;
10. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
12. Director, Corporate Services & Treasurer, Report CS 27-10 132-136
SR&R Bay Ridges Ltd. - Request to Defer Payment of Development Charges and
Other Related Financial Matters
RECOMMENDATION
1. That Report CS 27-10 of the Director, Corporate Services & Treasurer be
received;
l
Executive Committee Meeting
Agenda
Monday, June 14, 2010
PICKERjl~jG Council Chambers
7:30 pm
Chair: Councillor O'Connell
2. That as provided for under By-law 6978/09:
a) the request by SR&R Bay Ridges Ltd. to defer the payment of
Development Charges in the amount of approximately $1,069,000 to the
earlier of six months after the commencement of foundation construction
or when above grade work is commenced, plus interest, be approved;
b) the requirements of Section 16(2) be waived so that the Development
Charges in effect. at the time of payment apply to this project;
3. That the Director, Corporate Services & Treasurer be authorized to pay
engineering fees in the amount of $51,793 to be funded from the Invest in
Ontario Grant for the City's portion of the reconstruction of Wharf, Douglas
and Front Streets; and,
4. That the appropriate officials of the City of Pickering be authorized to give
effect thereto.
13. Director, Corporate Services & Treasurer, Report CS 28-10 137-151
Fair Wage Policy
RECOMMENDATION
That Report CS 28-10 of the Director, Corporate Services & Treasurer regarding
Fair Wage Policy be received for information.
(II) OTHER BUSINESS
(III) ADJOURNMENT
Citq Report To
Executive Committee
~m
PICKERI Report Number: CAO 12-10
Date: June 14, 2010
01
From: Debbie Shields
City Clerk
Subject: Amendments to the Responsible Pet Ownership By-law
File: S-3010-001-10
Recommendation:
1. That the By-law included as Attachment #1 be adopted to amend the Responsible
Pet Ownership By-law.
Executive Summary: Minor changes to the Responsible Pet Ownership By-law
6811/07 are required in order to provide Animal Services Officers with the ability to
issue Orders to dog owners who continually allow their dogs to run at large. Changes
are also required to give Animal Services Officers the ability to prohibit certain dogs
from using the leash free area.
Financial Implications: None.
Sustainability Implications: The City of Pickering is committed to meeting the needs
of all its citizens. Reviewing and updating regulatory by-laws is one way to continually
assess our service delivery and remove barriers where they may exist.
Background: The existing Responsible Pet Ownership By-law No. 6811/07,
enacted on October 15, 2007, was created to regulate pet ownership. As part of the
Clerk's Office's regulatory by-law review, it was determined that minor housekeeping
changes were necessary.
Section 31.1 is being added to allow an Animal Services Officer to issue an Order to
dog owners who continually allow their dogs to run at large. Currently, Animal Services
Officers do not have this ability and must rely solely on charges.
Sections 40, 43 and 44 are being amended to give Animal Services Officers the ability
to choose one or more options when issuing an Order.
Section 40 (b) is being added to incorporate the leash. free area and give Animal
Services Officers the ability to prohibit certain dogs from using the area.
Report CAO 12-10 June 14, 2010
Subject: Amendments to the Responsible Pet Ownership By-law Page 2
02
Staff are recommending that the attached by-law to amend the Responsible Pet
Ownership By-law be enacted.
Attachment:
1. Proposed By-law, to amend the Responsible Pet Ownership By-law
Prepared By: Approved/Endorsed By:
a~ Lam,
C
Lindsey Brenner Debbie Shields
Supervisor, Animal Services City Clerk
LB:lb
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Ci ounc'I
Tony Preve el, P. Eng.
Chief Administrative Officer
CORP0227-07/01 revised
Attachment No. 1
03
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /10
Being a by-law to amend the
Responsible Pet Ownership By-law
WHEREAS on October 15, 2007 the Council of The Corporation of the City of
Pickering passed By-law 6811-07 to regulate pet ownership; and
WHEREAS Council wishes to amend By-law 6811-07.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. By-law 6811-07 is amended by adding the following section:
31.1 Where an Animal Services Officer has investigated and has reason
-to believe that a dog owner on more than one occasion has allowed
their dog to run at large, the Animal Services Officer may issue an
Order to the owner of the dog.
2. Section 40 of By-law 6811/07 is repealed and the following substituted
therefore:
40. Where an Order has been issued and no appeal has been filed, the
owner (if specified in the Order),
(a) shall, at his or her expense, have the dog that is subject to
the Order,
(i) licensed and photographed within twenty-one (21) days
of being served with the Order;
(ii) microchipped within twenty-one (21) days of being
served with the Order;
(iii) sterilized within 4 months of being served with the
Order; and/or
(iv) enrolled in an obedience training class within 6 months
of being served with the Order;
Responsible Pet Ownership By-law Amendment Page 2
04
(b) shall not be permitted to take the dog to any designated leash
free area; and
(c) shall restrain the dog in accordance with any written directives
given by an Animal Service Officer.
3. Section 43 of By-law 6811/07 is repealed and the following substituted
therefore:
43. When off the premises of the owner, a dog that is the subject of an
Order shall be (if specified in the Order),
(a) muzzled and on a lead not longer than 2 metres in length
and in a manner that restricts it from chasing, injuring or
biting other domestic animals or humans. as well as
preventing damage to public and/or private property; or
(b) under the effective control of a responsible person over
sixteen years of age.
4. Section 44 of By-law 6811/07 is repealed and the following substituted
therefore:
44. When on the premises of the owner, a dog that is the subject of an
Order shall be kept (if specified in the Order),
(a) indoors in a manner that respects its environmental needs
and prevents the dog from having contact with persons who
have not consented to contact; or
(b) outdoors in a pen or other enclosure that respects its
environmental needs and prevents the dog from leaving the
owner's property and from coming into contact with persons
and other animals.
5. This by-law shall come into effect on the day of its passing.
BY-LAW read a first, second and third time and finally passed this day of
May, 2010.
David Ryan, Mayor
Debbie Shields, City Clerk
City Report To
Executive Committee
PIC < RING Report Number: CAO 13-10 ,
Date: June 14, 2010
05
From: Debbie Shields
City Clerk
Subject: Proposed Nuisance By-law
Addendum to Report Number CAO 05-10
Recommendation:
That the draft Nuisance By-law, included as Attachment 1, providing restrictions
regarding littering, public urination, spitting, and fixture vandalism within the City of
Pickering, be enacted.
Executive Summary: This report is an addendum to Report CAO 05-10, which
was presented at the May 10, 2010 Executive Committee meeting. Council directed
staff to review the proposed Nuisance By-law and clarify potential enforcement
specifically relating to the provisions regulating spitting in a public place, vomit by
reason of intoxication in a public place, and deposit liquids other than storm water into a
municipal storm sewer.
The attached revised by-law represents the changes made in accordance with the
comments received by Council, with further information outlined below.
Financial Implications: Minimal revenue generated.
Sustainability Implications-: The provisions in the by-law are intended to eliminate
undesirable impacts on the social environment.
Background: The provisions in the proposed Nuisance By-law relating to spitting
in a public place are intended to provide police with the ability to deal with issues where
clearly the behaviour is offensive. Many times this, and the other types of behaviour
prohibited, are encountered while dealing with youth. The by-law prohibitions either
address behaviours not covered in the criminal code or provincial legislation, or provide
for the issuance of a simple fine rather than laying a charge that may lead to a criminal
record. Where officers are dealing with youth issues, simple set fines further the ability
to educate where attempts at verbal discussions have failed. The officer who issues the
offence notice must always be able to articulate and justify the reasons why the charge
Report CAO 13-10 June 14, 2010
Subject: Proposed Nuisance By-law Page 2
O
is laid. Spitting offences will often be accompanied by an attitude or demeanour which
the officer encounters while addressing other issues.
Most municipalities have implemented these types of by-law prohibitions to provide
additional means of addressing issues in downtown or waterfront areas, where patrons
may leave bars and then urinate on the neighbouring properties, or cause other types of
nuisance behaviour. After further consultation with Durham Regional Police Service,
the provision prohibiting vomit by reason of intoxication has been removed.
Council also had questions regarding the provision regulating the discharge of any liquid
other than storm water into a municipal storm sewer. There were concerns expressed
regarding situations where residents washed their cars and the water and soap might
enter the storm sewer and what the enforcement intentions were. Council was advised
that this was not the intention of the provision and enforcement was intended for the
more blatant types of issues, as currently there were no.prohibitions in place at all to
pursue enforcement action. This provision has been removed from the draft by-law, as
to provide the specifics detailing all of the potential substances and circumstances
requires a comprehensive by=law, such as the Region of Durham's sixteen page Sewer
Use by-law. Council should be aware that by eliminating this provision, the City will be
unable to initiate any type of by-law enforcement relating to improper discharge into the
municipal storm sewers.
The proposed Nuisance By-law has been revised to clarify the concerns expressed at
the previous Executive Committee meeting. Once approved, the by-law will provide the
ability for the issuance of "tickets" for the offences outlined, allowing a simplified,
effective enforcement process for behaviours which are offensive to the public.
Attachment:
1. Proposed Nuisance By-law
Prepared By: Approved/Endorsed By:
Ki rly Thompson Debbie Shields
Manager, By-law Enforcement Services City Clerk
Recommended for the consideration
of Picker' Cit uncil
Tony Prevedel
Chief Administrative Officer
CORP0227-07/01 revised
THE CORPORATION OF THE CITY OF PICKERING
07
BY-LAW NO. ****/10
Being a by-law to prohibit and regulate public
nuisances within the City of Pickering.
WHEREAS section 128 of the Municipal Act, 2001 provides that a local municipality
may prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become public nuisances; and
WHEREAS, in the opinion of Council, the act of urinating, defecating, or spitting in a
public place is a public nuisance; and
WHEREAS, in the opinion of Council, the act of knocking over or damaging mailboxes,
relay boxes, newspaper boxes, recycling boxes, garbage containers, permitted signs or
other public fixtures is a public nuisance; and
WHEREAS, in the opinion of Council, the act of throwing, placing or depositing refuse
on property without permission from the owner or occupant of such property is a public
nuisance; and
WHEREAS, in the opinion of Council, the act of draining water from a swimming pool,
hot tub, or ornamental pond onto neighbouring property is a public nuisance.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
1. In this by-law,
"City" means The Corporation of the City of Pickering or the geographical area of
the City of Pickering, as the context requires;
"Council" means the Council of the City;
"fixture" means any structure that the City permits to be located within a
boulevard including a utility box, newspaper vending box, bench, transit shelter,
telephone box, telephone booth, transformer box or vault, telephone pole, hydro
pole, streetlight, stoplight pole, recycling waste module, mailbox, street sign, a
Canada Post relay mailbox, permitted signs, or a blue box, green bin or other
garbage container;
BY-LAW NO****/10 Page 2
08
"highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act
and includes unopened and unassumed road allowances;
"public place" includes a highway and any other place to which the public has
access as of right or by invitation, expressed or implied, and any private property
that is exposed to public view, but does not include a washroom facility; and
"refuse" includes garbage or debris of any kind and, without limiting the generality
of the foregoing, includes a vehicle that appears by reason of its appearance,
mechanical condition or lack of current licence plates to be inoperative,
inoperative mechanical equipment,. automotive and mechanical parts,
appliances, furnaces, heater or fuel tanks, disused furniture, table waste, paper,
cartons, crockery, glassware, cans, garden refuse, earth or rock fill, old or
decayed lumber, material from construction or demolition projects, and old
clothing.
References
2. In this by-law, references to any Act, regulation or by-law is a ,reference to that
Act, regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Conflicts
5. If a provision of this by-law conflicts with a provision of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall
prevail.
Severability
6. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
BY-LAW NO****/10 Page 3
09
PART II - REGULATIONS
General Prohibitions
7. No person shall urinate, defecate or spit in a public place.
Fixtures
8. No person shall knock over, attempt to knock over or otherwise attempt to
damage a fixture.
9. No person shall alter or deface a fixture.
Swimming Pools
10. (1) No person shall drain or cause or permit the drainage of water from a
swimming pool, hot tub or ornamental pond onto property other than the
property from which it originated.
(2) Subsection (1) shall not apply to a person who drains water from a
swimming pool, hot tub, ornamental pond, downspout, eaves trough or
sump pump into a municipal storm sewer.
Littering & Illegal Dumping
11. No person shall throw, place or deposit or cause or permit to be thrown, placed
or deposited any refuse on any property without permission from the owner or
occupant of such property.
PART 111- ENFORCEMENT
Enforcement
12. In this Part, "officer" means a police officer, municipal law enforcement officer or
other individual duly appointed for the purpose of enforcing this by-law.
13. This by-law may be enforced by any officer.
14. An officer may, at any reasonable time, enter upon any land for the purpose of
determining whether or not the provisions of this by-law have been complied with.
15. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an officer.
BY-LAW NO****/10 Page 4
Offences and Penalties
16. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
PART. IV - GENERAL
Short Title
17. This by-law,may be cited as the "Nuisance By-law
Repeal
18. By-Law No. 5330/98 is hereby repealed.
Effective Date
19. This by-law shall come into force and effect on the day it is passed.
BY-LAW read a first, second and third time and finally passed this day of June,
2010.
David Ryan, Mayor
Debbie Shields, City Clerk
eiN oo Report To
Executive Committee
CKERIN Report Number: CA0.14-10
Date: June 14, 2010
From: Debbie Shields
City Clerk
Subject: Requested Taxicab Fare Increase to Offset Harmonized Sales Tax
Recommendation:
That the request by the Taxicab Industry to increase taxicab fares to offset the impact of
the Harmonized Sales Tax be denied.
Executive Summary: Effective July 1, 2010, the government of Ontario will be
implementing the Harmonized Sales Tax (HST). At present, the taxicab industry is
required to remit the Goods and Services Tax (GST), amounting to 5% of the fares they
collect. Under the new harmonized tax system, the industry will be required to remit a
total of 13% of the fares they collect.
The Taxicab Advisory Committee was unable to provide a recommendation, as no
quorum was present for a meeting held on Friday May 21, 2010, to discuss the
committee's position on the HST. However, representatives from both of the major
brokerages, Durham Rapid Taxi and Blue Line Taxi were present and advised they
believe an 8% increase in taxicab fares is appropriate. Durham Rapid Taxi also
provided a petition signed by 39 drivers who also support an increase in Taxicab fares
to offset the impact of the HST.
Staff do not support an increase in taxicab fares, as the previous two fare increases
were justified based on fuel costs of $1.30 per litre on two separate occasions. After
both increases, fuel prices returned to around $1.00 per litre. Since 2005, taxicab fares
have increased by 47%, and staff feel that no further increases are justified at this time.
Financial Implications: No impact to City revenue.
Sustainability Implications: Not related.
i
Report CAO.14-10 June 14, 2010
Subject: Requested Taxicab Fare Increase to Offset HST Page 2
12
Background: Council approved taxicab fare increases on November 7, 2005 and
most recently on October 14, 2008. The justification for increasing the fares in 2005
was based upon an increase in operating costs such as fuel and insurance, while in
2008 fuel costs were the only consideration.
In 2005 the fares were increased from $8.95 for a 5 km trip to $11.75, an increase of
approximately 31%. In 2005 one of the most compelling factors for the increase was
the price of fuel, which at the time of the increase averaged $1.15 per litre, but had
peaked at $1.30 per litre in the summer of 2005, leading to the demand for the fare
increase.
In 2008 the fares were increased from $11.75 for a 5 km trip to $13.15, a further
increase of approximately 12% and a total increase over the 2005 fare rate of nearly
47%. In 2008 the only consideration for the increase was the price of fuel which at that
time was around $1.35 per litre.
Almost immediately after the fare increase, the price of fuel began to decrease and
eventually stabilized at or under $1.00 per litre. This means that the price of fuel has
dropped approximately 33% since the last fare increase in October 2008.
Calculating the difference between fuel costs at the time of the approved fare increases,
and the present fuel costs of approximately $1.00 per litre, the average driver has saved
between $2600.00 and $4000.00 in fuel costs in the past 12 months.
Fares from various municipalities across the GTA have been reviewed, including Ajax,
Whitby, Oshawa. and Clarington. It should be noted that Ajax recently adopted a 10%
increase in their taxicab fares to accommodate the HST costs and their fares will
exceed Pickering's at. $14.20 per 5 km trip. Whitby's fare for a 5 km.trip is at $13.50,
based on a fare increase implemented in July 2008. Copies of two taxicab fare surveys
are attached.to this report.
An exact increase of 8% to existing taxicab fares would be difficult to implement due to
the manner which taxicab meters calculate fares. An 8% increase would set the start
rate to $3.40, however, require an increase in the per kilometer rate to $0.20 per 1/11th
of a kilometer (an increase of 10% to accommodate the meter set up of specific
increments) and increase the 5 kilometer fare to $14.40.
Taxicab Industry Comments:
The Taxicab Brokerages and the Drivers who signed the attached petition believe it is
unfair to refuse to increase fares to cover a tax that must be collected. They believe the
industry cannot subsidize consumers, and no other sector is being required to do so.
The increase is only providing the ability to collect a tax imposed by the Province, it
should not be viewed as an increase to the meter rate.
CORP0227-07/01 revised
Report CAO 14-10 June 14, 2010
Subject: Requested Taxicab Fare Increase to Offset HST Page 3
13
The Taxicab Brokerages also stated that previous increases, while justified based on
fuel costs, encompassed other increased costs such as insurance.
The HST will impact drivers by adding the tax to their insurance, dispatch fees and fuel
costs. To require the HST portion of the taxicab fare to be absorbed by the drivers will
further increase the impact of the HST on their income.
Comments were also received cautioning that the increase will cause a further reduction
in business. In addition, the number of drivers who actually are in compliance with the
tax remittance requirements is a small percentage of the industry.
In summary, staff do not support an increase in taxicab fares at this time. While the
industry will experience an increase in the amount of taxes they must remit, they have
been more than compensated by the fares in place since 2008 that were increased to
cover fuel costs that did not remain at the level utilized to justify the increase.
Taxicab services are utilized largely by people on fixed incomes. The substantial
increases in fares over the past five years must be considered prior to approving further
fare increases. In addition, by many in the industry's own admission, very few drivers
actually comply with the requirements to submit the portion of the fares collected as
taxes. Staff re-iterate.the need for taxicab drivers to be required to submit proof of tax
remittance should any fare increase be implemented.
Attachments:
1. Petition from Taxicab Drivers
2. Taxicab Fare Survey - Durham Region
3. Taxicab Fare Survey - West GTA
Prepared By: Approved/Endorsed By:
U . ~O
ti grly Thom son, CMM I, CPSO Debbie Shields,
Manager, Municipal Law Enforcement Services City Clerk
Recommended for the consideration
of Pickering ' Counc'
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
1 4
DURHAM RAPID TAXI
16-979 Brock Rd.
Pickering, ON L1W 3A4
P: 905 831-2345
E: ravinderbhardwa0live.ca
Attention: City of Pickering By-Law Dept.
Mayor of Pickering
All Councilors of Pickering
To Whom It May Concern:
We, the taxi drivers of the City of Pickering request a meter increase effective
July 1, 2010. The new HST along with the dues, insurance and plate rents will
result in further undue hardship. We hereby request a similar meter rate to that
granted to the cities of Ajax and Whitby in 2010.
Cab Number Driver Name Cell Number
Z-572- 7 0
f
s - K4-=~'
Q z))<&-) i 6 -227 2
1S
DURHAM 'RAPID TAXI
16-979 Brock Rd.
Pickering, ON L1W 3A4
P: 905 831-2345
E: ravinderbhardwaj(o)live.ca
Attention: City of Pickering By-Law Dept.
Mayor of Pickering
All Councilors of Pickering
To Whom It May Concern:
We, the taxi drivers of the City of Pickering request a meter increase effective
July 1, 2010. The new HST along with the dues, insurance and plate rents will
result in further undue hardship. We hereby request a similar meter rate to that
granted to the cities of Ajax and Whitby in 2010
I
Cab Number Driver Name Cell Number
3j- 0 F G ~7e 9Q7~
i A910 VI NV-2 e-11 Ali 7
6~ 44 7 2 =iG~
t/1 ~q
IYADF-f-44 AWAP. 7 '6
l h ~u~ ti%,,jY\- A1) K~ 04t_qA3'6/4- ~i ~ `LS
6'0 -
16
DURHAM RAPID TAXI
16-979 Brock Rd.
Pickering, ON L1W 3A4
P: 905 831-2345
E: ravinderbhardwaj@live.ca
Attention: City of Pickering By-Law Dept.
Mayor of Pickering
All Councilors of Pickering
To Whom It May Concern:
We, the taxi drivers of the City of Pickering request a meter increase effective
July 1, 2010. The new HST along with the dues, insurance and plate rents will
result in further undue hardship. We hereby request a similar meter rate to that
granted to the cities of Ajax and Whitby in 2010
Cab Number Driver Name Cell Number
3- t~ R C r~e~ c1.j ~f i l1 U a :1S3
30~ kftl 7Y 7,?
~ 3 1 ~ c urL) Q Z4 O L 7,
-36
_p_ -zz 7~- -
' '35 c~ H 9oS- 703-7D
N/ C-714
03~1 SANSOev SAC~C"V' a - ag -29'f/
303
17
DURHAM RAPID TAXI
16-979 Brock Rd.
Pickering, ON L1W 3A4
P: 905 831-2345
E: ravinderbhardwaj live.ca
Attention: City of Pickering By-Law Dept.
Mayor of Pickering
All Councilors of Pickering
To Whom It May Concern:
We, the taxi drivers of the City of Pickering request a meter increase effective
July 1, 2010. The new HST along with the dues, insurance and plate rents will
result in further undue hardship. We hereby request a similar meter rate to that
granted to the cities of Ajax and Whitby in 2000
Cab Number Driver Name Cell Number
3 M9
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City o Report To
Executive Committee
I KERI Report Number: CAO-15-10
20 Date: June 14, 2010
From: Jennifer Parent
Division Head, Human Resources
Subject: Respect in the Workplace Policy
File: A-1010
Recommendation: That Council approve amendments to the Harassment Policy (HUR
070) and to change the name of the Policy to Respect in the Workplace in order to
comply with the amendments to the Occupational Health & Safety Act as a result of Bill
168 being passed.
Executive Summary: On June 15, 2010, Bill 168, Occupational Health and Safety
Amendment Act (Violence and Harassment in the Workplace) 2009 takes effect and
requires employers to establish a policy which will put measures in place to eliminate
violence and all forms of harassment, including psychological harassment in the
workplace.
In response to this legislative change, the City's current Harassment Policy has been
revised to capture the requirements of Bill 168. This includes broadening our current
definition of Workplace Harassment as well as adding two new definitions
(Psychological Harassment and Workplace Violence).
Workplace Harassment now includes engaging in a course of vexatious comment or
conduct against a worker in a workplace that is known or ought reasonably to be known
to be unwelcome. Psychological Harassment is identified as engaging in, behaviour that
is intended to intimidate, offend, degrade or humiliate a particular person or group of
people. Finally, Workplace Violence is defined as:
a) the exercise of physical force by a person against a worker, in a workplace, that
causes or could cause physical injury to the worker
b) an attempt to exercise physical force against a worker, in a workplace, that could
cause physical injury to the worker and
c) a statement or behaviour that it is reasonable for a worker to interpret as a threat
to exercise physical force against the worker, in a workplace, that could cause
physical injury to the worker.
This policy details the processes involved in the reporting and investigation of claims of
harassment/violence. It will apply to all City employees, contractors, visitors, clients,
patrons,, volunteers, elected and appointed officials.
ReportCAO-15-10 June 14, 2010
Subject: Respect in the Workplace Page 2 21
Financial Implications: Approximately $1,500.00 to $2,250.00 for the cost of training.
Sustainability Implications: To preserve the mental and physical health of all our
employees by preventing a hostile work environment. A harassment free workplace will
contribute to a healthy work environment, thereby reducing health related costs such as
absenteeism, turnover, Employee Family Assistance Program costs, workplace
accidents and improved productivity.
Background:. Prior to Bill 168, the organization's only legislated requirement was to
ensure a harassment free workplace based on the protective grounds of the Ontario
Human Rights Code. These grounds include a worker's sex, sexual orientation, race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of
offences, marital status, family status, being or having been in receipt of public
assistance or mental or physical handicap.
In December 2009, Bill 168 was passed as an amendment to the current Occupational
Health & Safety Act and required employers do the following:
• develop violence and harassment policies and programs (must be implemented by
June 15, 2010);
• train all employees on the policy and enable workers to report incidents of
harassment, violence or threats of violence;
• assess and control the risk of workplace violence;
• have measures in place that allows the City to determine how to investigate and
address the incidents;
• take reasonable precautions to prevent domestic violence from occurring in the
workplace; and
• inform a worker about any risk of violence from a person with a history of violent
behaviour if it is likely they could work directly together.
The new Respect in the Workplace Policy outlines everyone's rights and responsibilities
to work in an environment that is free from violence and harassment and satisfies a
fundamental requirement of Bill 168. In accordance with the Municipal Act, this policy
must be approved by Council.
Attachments:
1. Bill 168
2. Respect in the Workplace Policy
Report CAO-15-10 June 14, 2010
Subject: Respect in the Workplace Page 3
22
Prepared By:
J;nifer'115ar-ent
ivision Head, Human Resources
JP:sv
Recommended for the consideration
of Pickering Cit Council
01
Tony Preve el, .Eng.
Chief Administrative Officer
ATTACHMENT -TO REPORT 1~'0
23-
1ST SESSION, 39TH LEGISLATURE, ONTARIO 1`e SESSION, 39e LEGISLATURE, ONTARIO
58 ELIZABETH 11, 2009 58 ELIZABETH II, 2009
Bill 168 Projet de loi 168
(Chapter 23 (Chapitre 23
Statutes of Ontario, 2009) Lois de 1 'Ontario de 2009)
An Act to amend the Loi modifiant la
Occupational Health and Safety Act Loi sur la sante et la securite au travail
with respect to violence and en ce qui concerne la violence
harassment in the workplace et le harcelement an travail
and other matters et d'autres questions
The Hon. P. Fonseca L'honorable P. Fonseca
Minister of Labour Ministre du Travail
Ist Reading April 20, 2009 1`e lecture 20 avril 2009
2nd Reading October 20, 2009 2e lecture 20 octobre 2009
3rd Reading December 9, 2009 3e lecture 9 d6cembre 2009
Royal Assent December 15, 2009 Sanction royale 15 d6cembre 2009
Printed by the Legislative Assembly Imprimd par I'Assemblde Idgislative
of Ontario de I'Ontario
24
EXPLANATORY NOTE NOTE EXPLICATIVE
This Explanatory Note was written as a reader's aid to Bill 168 La note explicative, redigee a titre de service aux lecteurs du
and does not form part of the law. Bill 168 has been enacted as projet de loi 168, ne fait pas partie de la loi. Le projet de loi 168
Chapter 23 of the Statutes of Ontario, 2009. a ete edicte et constitue maintenant le chapitre 23 des Lois de
]'Ontario de 2009.
The Bill adds Part II1.0.1 (Violence and Harassment) to the Le projet de loi ajoute la partie 111.0. 1 (Violence et harc6ement)
Occupational Health and Safety Act. Subsection 1 (1) of the a la Loi sur la sante et la securite au travail. Le paragraphe 1 (1)
Act is amended to include definitions of workplace violence and de la Loi est modifid pour inclure les definitions de oviolence au
workplace harassment. travail) et de oharc6lement au travail).
Section 32.0.1 of the Act requires an employer to prepare poli- L'article 32.0.1 de la Loi exige que 1'employeur formule des
cies with respect to workplace violence and workplace harass- politiques concemant respectivement la violence au travail et le
ment, and to review the policies at least annually. harc6ement au travail et examine celles-ci au mois une fois
Fan.
Section 32.0.2 of the Act requires an employer to develop a L'article 32.0.2 de la Loi exige que ]'employeur dlabore un
program to implement the workplace violence policy. The pro- programme de mise en oeuvre de la politique concemant la
gram must include measures to control risks of workplace vio- violence au travail. Ce programme doit comprendre les mesures
lence identified in the risk assessment that is required under A prendre pour contr6ler les risques de violence au travail indi-
rection 32.0.3, to summon immediate assistance when work- quds dans ]'evaluation du risque exigde a ]'article 32.0.3 et pour
place violence occurs, and for workers to report incidents of obtenir une aide immediate lorsqu'il se produit de la violence au
workplace violence. The program must also set out how the travail, ainsi que celles quo les travailleurs doivent prendre pour
employer will deal with incidents. and complaints of workplace signaler les incidents de violence au travail. Il doit dgalement
violence. indiquer la mani6re dont ]'employeur compte faire face aux
incidents et aux plaintes de violence au travail.
Section 32.0.3 of the Act requires an employer to assess the L'article 32.0.3 de la Loi exige que ]'employeur dvalue les ris-
risks of workplace violence and to report the results of the as- ques de violence au travail et informe le comitd ou un ddldgud a
sessment to the joint health and safety committee or to a health la santd et A la sdcuritd des rdsultats de I'dvaluation. En
and safety representative. If there is no committee or represen- ]'absence de comitd ou de ddldgud, it faut en informer les tra-
tative, the results must be reported to the workers. The risks vailleurs eux-m8mes. Les risques doivent etre rddvaluds aussi
must be reassessed as often as is necessary to protect workers souvent que cela est ndcessaire pour protdger les travailleurs
from workplace violence. contre la violence au travail.
Under section 32.0.4 of the Act, if an employer is aware or Sclon ]'article 32.0.4 de la Loi, si un employeur a connaissance,
ought to be aware that domestic violence that is likely to expose ou devrait raisonnablement avoir connaissance, du fait qu'il peut
a worker to physical injury may occur in the workplace, the se produire, dans le lieu de travail, de la violence familiale sus-
employer must take every reasonable precaution to protect the ceptible d'exposer un travailleur a un pr6judice corporel, it doit
worker. prendre touter les prdcautions raisonnables pour le protdger.
Section 32.0.5 of the Act clarifies that the employer duties in L'article 32.0.5 de la Loi prdcise que les devoirs de 1'employeur
section 25, the supervisor duties in section 27 and the worker prdvus a I'article 25, ceux du superviseur prdvus 6 ]'article 27 et
duties in section 28 apply, as appropriate, with respect to work- ceux du travailleur prdvus a ]'article 28 s'appliquent, s'il y a
place violence. Section 32.0.5 also requires an employer to lieu, a 1'dgard de la violence au travail. Il exige dgalement que
provide a worker with information and instruction on the con- les employeurs fournissent aux travailleurs des renseignements
tents of the workplace violence policy and program. et des directives sur le contenu de la politique et du programme
concemant la violence au travail.
Section 32.0.6 of the Act requires an employer to develop a L'article 32.0.6 de la Loi exige que 1'employeur dlabore un
program to implement the workplace harassment policy. The programme de mise en oeuvre de la politique concemant le
program must include measures for workers to report incidents harc6lement au travail. Ce programme doit comprendre les me-
of workplace harassment and set out how the employer will deal sures que les travailleurs doivent prendre pour signaler les inci-
with incidents and complaints of workplace harassment. Sec- dents de harcdement an travail et 6noncer la mani6re dont
tion 32.0.7 requires an employer to provide a worker with in- ]'employeur compte faire face aux incidents et aux plaintes de
formation and instruction on the contents of the workplace har- harc0ement au travail. L'article 32.0.7 cxige que 1'employeur
assment policy and program. fournisse aux travailleurs des renseignements et des directives
sur le contenu de la politique et du programme concemant le
harc6lement au travail.
The Bill amends section 43 of the Act, which deals with a Le projet de loi modifie ]'article 43 de la Loi, lequel porte sur le
worker's right to refuse work in various circumstances where droit d'un travailleur de refuser de travailler daps des circons-
health or safety is in danger, to include the right to refuse work tances susceptibles de mettre sa samd ou sa sdcuritd en danger,
if workplace violence is likely to endanger the worker. pour inclure le droit de refuser de travailler si de la violence au
travail est susceptible de le mcttre en danger.
The Bill adds sections 55.1 and 55.2 to the Act, authorizing Le projet de loi ajoute A la Loi les articles 55.1 et 55.2, lesquels
inspectors to make orders requiring policies under section 32.0.1 autorisent les inspecteurs 6 ordonner que les politiques prdvues a
and assessments and reassessments under section 32.0.3 to be in ]'article 32.0.1 et que les dvaluations et reevaluations prdvues A
writing or to be posted in the workplace. ]'article 32.0.3 soient dcrites ou affichdes dans le lieu de travail.
The Bill provides for authority to make regulations, including Le projet de loi prdvoit des pouvoirs reglementaires, notam-
the following: ment
i
25
1. Requiring an employer to designate a workplace co- 1. Exiger qu'un employeur designe un coordonnateur du
ordinator with respect to workplace violence and work- lieu de travail a 1'egard de la violence an travail et du
place harassment. harcelement au travail.
2. In the case of workers with a limited right to refuse work 2. Dans le cas des travailleurs qui ont, en vertu Particle 43
under section 43 of the Act, specifying situations in de la Loi, un droit limite de refuser de travailler, prdciser
which a danger to health or safety is inherent in the les cas ou un danger pour la sante on la securite est inhe-
workers' work or a normal condition of employment. rent au. travail d'un travailleur on constitue une condi-
tion normale de son emploi.
3. Varying or supplementing subsections 43 (4) to (13) of 3. Modifier on compl6ter les paragraphes 43 (4) A (13) de
the Act with respect to workers with a limited right to la Loi en fonction des travailleurs qui ont, en vertu de
refuse under section 43 and workers to whom section 43 Particle 43, un droit limite de refuser de travailler et des
applies by reason of a regulation made for the purposes travailleurs auxquels Particle 43 s'applique en raison
of subsection 3 (3) of the Act. d'un reglement pris pour Papplication du paragraphe 3
(3) de la Loi.
4. Governing the application of the duties and rights set out 4. Regir Papplication, d Pindustrie du taxi, des devoirs et
in Part 111. 0. 1 to the taxi industry. des droits prdvus A la partie 111.0. 1.
i
ill
I
ii
26
Bill 168 2009 Projet de loi 168 2009
An Act to amend the Loi modifiant la
Occupational Health and Safety Act Loi Sur la sant6 et la s6curit6 an travail
with respect to violence and en ce qui concerne la violence
harassment in the workplace et le harcelement an travail
and other matters et d'autres questions
Note: This Act amends the Occupational Health and Remarque : La presente loi modifie la Loi sur la sante et
Safety Act. For the legislative history of the Act, see the la securite au travail, dont Phistorique Iegislatif figure a
Table of Consolidated Public Statutes - Detailed Legisla- la page pertinente de PHistorique legislatif detailld des
tive History on www.e-Laws.gov.on.ca. lois d'intdret public codifides sur le site www.lois-en-
ligne.gouv.on.ca.
Her Majesty, by and with the advice and consent of the Sa Majesty, sur l'avis et avec le consentement de
Legislative Assembly of the Province of Ontario, enacts I'Assemblde legislative de la province de l'Ontario,
as follows: 6dicte :
1. Subsection 1 (1) of the Occupational Health and 1. Le paragraphe 1 (1) de la Loi sur la sante et la
Safety Act is amended by adding the following defini- securite au travail est modifi6 par adjonction des d6fi-
tions: nitions suivantes :
"workplace harassment" means engaging in a course of «harcelement au travail» Fait pour une personne
vexatious comment or conduct against a worker in a d'adopter une ligne de conduite caractdrisde par des
workplace that is known or ought reasonably to be remarques ou des gestes vexatoires contre un travail-
known to be unwelcome; ("harcelement au travail") leur dans un lieu de travail lorsqu'elle sait ou devrait
"workplace violence'.' means, raisonnablement savoir que ces remarques ou ces ges-
tes sont importuns. (uworkplace harassment)
(a) the exercise of physical force by a person against a «violence au travail» Selon le cas
worker, in a workplace, that causes or could cause
physical injury to the worker, a) emploi par une personne contre un travailleur, dans
(b) an attempt to exercise physical force against a un lieu de travail, d'une force physique qui lui
worker, in a workplace, that could cause physical cause ou pourrait lui causer un prdjudice corporel;
injury to the worker, b) tentative d'employer contre un travailleur, dans un
(c) a statement or behaviour that it is reasonable for a lieu de travail, une force physique qui pourrait lui
worker to interpret as a threat to exercise physical causer un prdjudice corporel;
force against the worker, in a workplace, that could c) propos ou comportement qu'un travailleur peut
cause physical injury to the worker. ("violence au raisonnablement interpreter comme une menace
travail") d'employer contre lui, dans un lieu de travail, une
force physique qui pourrait lui causer un prdjudice
corporel. (oworkplace violence)
2. Section 25 of the Act is amended by adding the 2. L'article 25 de la Loi est modifi6 par adjonction
following subsection: du paragraphe suivant
Same Idem
(3.1) Any explanatory material referred to under clause (3.1) Tout document explicatif visa a Palinda (2) i)
(2) (i) may be published as part of the poster required peut faire partie de Faffiche publide en application de
under section 2 of the Employment Standards Act, 2000. I'article 2 de ]a Loi de 2000 sur les normes d'emploi:
3. The Act is amended by adding the following 3. La Loi est modifi6e par adjonction de la partie
Part: suivante :
PART 111.0.1 PARTIE I11.0.1
VIOLENCE AND HARASSMENT VIOLENCE ET HARCELEMENT
Policies, violence and harassment Politiques : violence et harcelement
32.0.1 (1) An employer shall, 32.0.1 (1) L'employeur :
2 OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT (VIOLENCE AND HARASSMENT IN THE WORKPLACE), 2009 2 /
(a) prepare a policy with respect to workplace vio- a) formule une politique concernant la violence au
lence; travail;
(b) prepare a policy with respect to workplace harass- b) formule une politique concernant le harcdlement au
ment; and travail;
(c) review the policies as often as is necessary, but at c) examine les politiques aussi souvent que ndces-
least annually. saire, mais au moins une fois par annde.
Written form, posting Formulation par krit, affichage
(2) The policies shall be in written form and shall be (2) Les politiques sont formuldes par dcrit et sont affi-
posted at a conspicuous place in the workplace. chdes dans un endroit bien en vue du lieu de travail.
Exception Exception
(3) Subsection (2) does not apply if the number of em- (3) Le paragraphe (2) ne s'applique pas si le nombre
ployees regularly employed at the workplace is five or de personnel employdes rdgulidrement dans le lieu de
fewer, unless an inspector orders otherwise. travail est dgal ou infdrieur a cinq, sauf ordre contraire
d'un inspecteur.
Program, violence Programme : violence
32.0.2 (1) An employer shall develop and maintain a 32.0.2 (1) L'employeur dlabore et maintient un pro-
program to implement the policy with respect to work- gramme de mise en oeuvre de la politique concernant la
place violence required under clause 32.0.1 (1) (a). violence au travail exigde A 1'alinda 32.0.1 (1) a).
Contents Contenu
(2) Without limiting the generality of subsection (1), (2) Sans prdjudice de la portde gdndrale du paragraphe
the program shall, (1), le programme :
(a) include measures and procedures to control the a) inclut les mesures A prendre et les mdthodes A sui-
risks identified in the assessment required under vre pour controler les risques indiquds dans 1'dva-
subsection 32.0.3 (1) as likely to expose a worker luation exigde aux termes du paragraphe 32.0.3 (1)
to physical injury; comme dtant susceptibles d'exposer un travailleur
A un prdjudice corporel;
(b) include measures and procedures for summoning b) inclut les mesures A prendre et les mdthodes A sui-
immediate assistance when workplace violence oc- vre pour obtenir une aide immddiate lorsqu'il se
curs or is likely to occur; produit ou qu'il est susceptible de se produire de la
violence au travail;
(c) include measures and procedures for workers to c) inclut les mesures que les travailleurs doivent
report incidents of workplace violence to the em- prendre et les mdthodes qu'ils doivent suivre pour
ployer or supervisor; signaler les incidents de violence au travail A
1'employeur ou au superviseur;
(d) set out how the employer will investigate and deal d) dnonce la maniere dont 1'employeur enquetera sur
with incidents or complaints of workplace . vio- les incidents ou les plaintes de violence au travail
lence; and et dont it compte y faire face;
(e) include any prescribed elements. e) inclut les dldments prescrits.
Assessment of risks of violence tovaluation des risques de violence
32.0.3 (1) An employer shall assess the risks of work- 32.0.3 (1) L'employeur dvalue les risques de violence
place violence that may arise from the nature of the au travail qui peuvent ddcouler de la nature du lieu de
workplace, the type of work or the conditions of work. travail, du genre de travail ou des conditions de travail.
Considerations Facteurs A prendre en consid6ration
(2) The assessment shall take into account, (2) L'dvaluation tient compte des facteurs suivants
(a) circumstances that would be common to similar a) les circonstances qu'auraient en commun des lieux
workplaces; de travail semblables;
(b) circumstances specific to the workplace; and b) les circonstances propres au lieu de travail;
(c) any other prescribed elements. c) les autres dldments prescrits.,
Results Rksultats
(3) An employer shall, (3) L'employeur
LOI DE 2009 MODIFIANT LA LOI SUR LA SANTE ET LA $ECURITE AU TRAVAIL (VIOLENCE ET HARCELEMENT AU TRAVAIL) 3
28
(a) advise the committee or a health and safety repre- a) informe le comitd ou un ddldgud A la santd et a la
sentative, if any, of the results of the assessment, sdcuritd, s'il y en a un, des rdsultats de 1'dvaluation
and provide a copy if the assessment is in writing; et lui en remet une copie, dans le cas d'une dvalua-
and tion dcrite;
(b) if there is no committee or health and safety repre- b) informe les travailleurs des resultats de 1'6valua-
sentative, advise the workers of the results of the tion et, dans le cas d'une dvaluation dcrite, leur en
assessment and, if the assessment is in writing, fournit une copie sur demande ou leur indique
provide copies on request or advise the workers comment en obtenir des copies, s'il n'y a ni comite
how to obtain copies. ni ddldgud A la santd et a la sdcuritd.
Reassessment R66valuation
(4) An employer shall reassess the risks of workplace (4) L'employeur rddvalue les risques de violence au
violence as often as is necessary to ensure that the related travail aussi souvent que cela est ndcessaire pour que la
policy under clause 32.0.1 (1) (a) and the related program politique affdrente visde A l'alinda 32.0.1 (1) a) et le gro-
under subsection 32.0.2 (1) continue to protect workers gramme afferent vise au paragraphe 32.0.2 (1) continuent
from workplace violence. de protdger les travailleurs contre la violence au travail.
Same Idem
(5) Subsection (3) also applies with respect to the re- (5) Le paragraphe (3) s'applique dgalement A 1'dgard
sults of the reassessment. des resultats de la rddvaluation.
Domestic violence Violence familiale
32.0.4 If an employer becomes aware, or ought rea- 32.0.4 L'employeur qui prend connaissance, ou devrait
sonably to be aware, that domestic violence that would raisonnablement avoir connaissance, du fait qu'il peut se
likely expose a worker to physical injury may occur in the produire, dans le lieu de travail, de la violence familiale
workplace, the employer shall take every precaution rea- susceptible d'exposer un travailleur A un prdjudice corpo-
sonable in the circumstances for the protection of the rel prend toutes les prdcautions raisonnables dans les cir-
worker. constances pour le protdger.
Duties re violence Devoirs concernant In violence .
32.0.5 (1) For greater certainty, the employer duties 32.0.5 (1) Il est entendu que les devoirs de Fem-
set out in section 25, the supervisor duties set out in sec- ployeur dnoncds A Particle 25, les devoirs du superviseur
tion 27, and the worker duties set out in section 28 apply, dnoncds a Particle 27 et les devoirs du travailleur dnonces
as appropriate, with respect to workplace violence. A Particle 28 s'appliquent, selon le cas, A I'dgard de la
violence au travail.
Information Renseignements
(2) An employer shall provide a worker with, (2) L'employeur fournit ce qui suit au travailleur
(a) information and instruction that is appropriate for a) des renseignements et des directives adaptds au
the worker on the contents of the policy and pro- travailleur sur le contenu de la politique et du pro-
gram with respect to workplace violence; and gramme concernant la violence au travail;
(b) any other prescribed information or instruction. b) les autres renseignements ou directives prescrits.
Provision of information Fourniture de renseignements
(3) An employer's duty to provide information to a (3) Le devoir de Femployeur de fournir des rensei-
worker under clause 25 (2) (a) and a supervisor's duty to gnements au travailleur conformdment A Falinda 25 (2) a)
advise a worker under clause 27 (2) (a) include the duty et le devoir du superviseur d'informer un travailleur
to provide information, including personal information, conformdment a Falinda 27 (2) a) s'entendent notamment
related to a risk of workplace violence from a person with du devoir de fournir des renseignements, y compris des
a history of violent behaviour if, renseignements personnels, relatifs au risque de violence
au travail de la part d'une personne qui a des antdcddents
de comportement violent, si les conditions suivantes sont
rdunies :
(a) the worker can be expected to encounter that per- a) selon toute attente, le travailleur rencontrera cette
son in the course of his or her work; and personne dans le cadre de son travail;
(b) the risk of workplace violence is likely to expose b) le risque de violence au travail est susceptible
the worker to physical injury. d'exposer le travailleur a un prdjudice corporel.
Limit on disclosure Restriction de la divulgation
(4) No employer or supervisor shall disclose more per- (4) Ni l'employeur ni le superviseur ne doit divulguer,
i
29
4 OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT (VIOLENCE AND HARASSMENT IN THE WORKPLACE), 2009
sonal information in the circumstances described in sub- dans les circonstances visdes au paragraphe (3), plus de
section (3) than is reasonably necessary to protect the renseignements personnels que raisonnablement ndces-
worker from physical injury. saire pour protdger le travailleur d'un prejudice corporel.
Program, harassment Programme : harcelement
32.0.6 (1) An employer shall develop and maintain a 32.0.6 (1) L'employeur dlabore et maintient un pro-
program to implement the policy with respect to work- gramme de mise en oeuvre de la politique concernant le
place harassment required under clause 32.0.1 (1) (b). harcelement au travail exigde A l'alinda 32.0.1 (1) b).
Contents Contenu
(2) Without limiting the generality of subsection (1), (2) Sans prejudice de la portee gdndrale du paragraphe
the program shall, (1), le programme :
(a) include measures and procedures for workers to a) inclut les mesures que les travailleurs doivent
report incidents of workplace harassment to the prendre et les methodes qu'ils doivent suivre pour
employer or supervisor; signaler les incidents de harcelement au travail A
Pemployeur ou au superviseur;
(b) set out how the employer will investigate and deal b) dnonce la maniere dont Pemployeur enquetera sur
with incidents and complaints of workplace har- les incidents et les plaintes de harcelement au tra-
assment; and vail et dont it compte y faire face;
(c) include any prescribed elements. c) inclut les elements prescrits.
Information and instruction, harassment Renseignements et directives : harcelement
32.0.7 An employer shall provide a worker with, 32.0.7 L'employeur fournit ce qui suit au travailleur
(a) information and instruction that is appropriate for a) des renseignements et des directives adaptds au
the worker on the contents of the policy and pro- travailleur sur le contenu de la politique et du pro-
gram with respect to workplace harassment; and gramme concernant le harcelement au travail;
(b) any other prescribed information. b) les autres renseignements prescrits.
4. (1) Clause 43 (1) (a) of the Act is amended by 4. (1) L'alinea 43 (1) a) de la Loi est modifie par
striking out "clause (3) (a), (b) or (c)" and substituting substitution de ol'alinea (3) a), b), b.1) on c)» A
"clause (3) (a), (b), (b.1) or (c)". «1'alin6a (3) a), b) on c)».
(2) Subsection 43 (3) of the Act is amended by strik- (2) Le paragraphe 43 (3) de la Loi est modifie par
ing out "or" at the end of clause (b) and by adding the adjonction de 11alin6a suivant
following clause:
(b.l). workplace violence is likely to endanger himself or b.l) que de la violence au travail est susceptible de le
herself; or mettre en danger;
(3) Subsection 43 (5) of the Act is repealed and the (3) Le paragraphe 43 (5) de la Loi est abroge et
following substituted: remplacd par ce qui suit :
Worker to remain in safe place and available for investigation Obligations du travailleur de demeurer dans un lieu sfir et de rester
disponibie aux fins de l'enquUe
(5) Until the investigation is completed, the worker (5) Tant que 1'enquete n'est pas terminde, le travail-
shall remain, leur
(a) in a safe place that is as near as reasonably possible a) d'une part, demeure dans un lieu sur aussi pres que
to his or her work station; and raisonnablement possible de son poste de travail;
(b) available to the employer or supervisor for the pur- b) d'autre part, reste A la disposition de Pemployeur
poses of the investigation. ou du superviseur aux fins de Penquete.
(4) Subsection 43 (6) of the Act is amended by strik- (4) Le paragraphe 43 (6) de la Loi est modifie par
ing out "or" at the end of clause (b) and by adding the adjonction de Palinda suivant
following clause:
(b.l) workplace violence continues to be likely to en- b.1) que de la violence au travail est toujours suscepti-
danger himself or herself, or ble de le mettre endanger;
(5) Subsection 43 (8) of the Act is repealed and the (5) Le paragraphe 43 (8) de la Loi est abroge et
following substituted: remplace par ce qui suit
Decision of inspector Decision de Finspecteur
(8) The inspector shall, following the investigation (8) A la suite de 1'enquete visde au paragraphe (7),
30
LOI DE 2009 MODIFIANT LA LOI SUR LA SANTE ET LA S$CURITE AU TRAVAIL (VIOLENCE ET HARCELEMENT AU TRAVAIL) 5
referred to in subsection (7), decide whether a circum- Pinspecteur decide si une circonstance visde a Palinda (6)
stance described in clause (6) (a), (b), (b.1) or (c) is likely a), b), b.l) ou c) est susceptible de mettre le travailleur ou
to endanger the worker or another person. une autre personne en danger.
(6) Subsection 43 (10) of the Act is repealed and the (6) Le paragraphe 43 (10) de la Loi est abroge et
following substituted: remplace par ce qui suit
Worker to remain in safe place and available for investigation Obligation du travailleur de demeurer dons on lieu sar et de rester
81a disposition de I'enqu&eur
(10) Pending the investigation and decision of the in- (10) Tant que 1'enquete n'a pas eu lieu et tant que
spector, the worker shall remain, during the worker's Pinspecteur n'a pas rendu sa decision, le travailleur de-
normal working hours, in a safe place that is .as near as meure, pendant ses heures normales de travail, dans un
reasonably possible to his or her work station and avail- lieu sur aussi prds que raisonnablement possible de son
able to the inspector for the purposes of the investigation. poste de travail et reste a la disposition de 1'inspecteur
aux fins de 1'enquete.
Exception Exception
(10.1) Subsection (10) does not apply if the employer, (10.1) Le paragraphe (10) ne s'applique pas si 1'em-
subject to the provisions of a collective agreement, if any, ployeur, sous reserve des dispositions de la convention
collective, le cas dchdant :
(a) assigns the worker reasonable alternative work a) donne au travailleur un autre travail raisonnable
during the worker's normal working hours; or pendant ses heures normales de travail;
(b) subject to section 50, where an assignment of rea- b) sous reserve de Particle 50, donne au travailleur
sonable alternative work is not practicable, gives d'autres directives s'il est impossible de lui dormer
other directions to the worker. un autre travail raisonnable.
5. Subsection 52 (1) of the Act is amended by strik- 5. Le paragraphe 52 (1) de la Loi est modifie par
ing out "or fire" in the portion before paragraph l substitution de u, d'un incendie on d'un incident de
and substituting "fire or incident of workplace vio- violence an travaib> a «ou d'un incendie» dans le pas-
lence". sage qui precede la disposition 1.
6. The Act is amended by adding the following sec- 6. La Loi est modifiee par adjonction des articles
tions: suivants
Order for written policies Ordre : politiques Ecrites
55.1 In the case of a workplace at which the number of 55.1 Dans le cas d'un lieu de travail oil le nombre de
employees regularly employed is five or fewer, an inspec- personnes rdguUrement employees est dgal ou infdrieur a
for may in writing order that the policies with respect to cinq, un inspecteur peut ordonner par dcrit que les politi-
workplace violence and workplace harassment required ques concernant la violence au travail et le harcelement
under section 32.0.1 be in written form and posted at a au travail exigdes aux termes de Particle 32.0.1 soient
conspicuous place in the workplace. formuldes par dcrit et affichdes dans un endroit bien en
vue du lieu de travail.
Order for written assessment, etc. Ordre : Evaluation Ecrite
55.2 An inspector may in writing order that the follow- 55.2 Un inspecteur peut ordonner par dcrit que les dva-
ing be in written form: luations suivantes soient dcrites
1. The assessment of the risks of workplace violence 1. L'dvaluation des risques de violence au travail
required under subsection 32.0.3 (1). exigde au paragraphe 32.0.3 (1).
2. A reassessment required under subsection 32.0.3 2. La rddvaluation exigde au paragraphe 32.0.3 (4).
(4)•
7. Subsection 70 (2) of the Act is amended by add- 7. Le paragraphe 70 (2) de la Loi est modifie par
ing the following paragraphs: adjonction des dispositions suivantes :
15. prescribing elements that any policy required under 15. prescrire les elements que doivent comprendre les
this Act must contain; politiques exigdes par la presente loi;
33. prescribing restrictions, prohibitions or conditions 33. prescrire des restrictions, des interdictions ou des
with respect to workers or workplaces relating to conditions a 1'egard des travailleurs ou des lieux de
the risks of workplace violence; travail relativement aux risques de violence au tra-
vail;
6 OCCUPATIONAL HEAL'T'H AND SAFETY AMENDMENT ACT (VIOLENCE AND HARASSMENT IN THE WORKPLACE), 2009 31
50. requiring an employer to designate a person in a 50. exiger qu'un employeur designe une personne dans
workplace to act as a workplace co-ordinator with un lieu de travail pour agir A titre de coordonnateur
respect to workplace violence and workplace har- du lieu de travail A 1'egard de la violence au travail
assment, and prescribing the functions and duties et du harcelement au travail et prescrire les fonc-
of the co-ordinator; tions et les obligations du coordonnateur;
51. in the case of a worker described in subsection 43 51. dans le cas d'un travailleur decrit au paragraphe 43
(2), specifying situations in which a circumstance (2), preciser les cas oil une circonstance visee a
described in clause 43 (3) (a), (b), (b.l) or (c) shall Palinea 43 (3) a), b), b.l) ou c) doit etre conside-
be considered, for the purposes of clause 43 (1) (a), ree, pour l'application de Palinea 43 (1) a), comme
to be inherent in the worker's work or a normal etant inherente au travail d'un travailleur ou
condition of employment; comme une condition normale de son emploi;
52. varying or supplementing subsections 43 (4) to 52. modifier ou completer les paragraphes 43 (4) a
(13) with respect to the following workers, in cir- (13) en fonction des travailleurs suivants, dans les
cumstances when section 43 applies to them: circonstances oit Particle 43 s'applique A ces der-
mers :
i. workers to whom section 43 applies by reason i. les travailleurs auxquels Particle 43 s'appli-
of a regulation made for the purposes of sub- que en raison d'un reglement pris pour 1'ap-
section 3 (3), and plication du paragraphe 3 (3),
ii. workers described in subsection 43 (2). ii. les travailleurs vises au paragraphe 43 (2).
8. The Act is amended by adding the following sec- 8. La Loi est modifiee par adjonction de Particle
tion: suivant
Regulations, taxi industry Rpglements : industrie du taxi
71. (1) The Lieutenant Governor in Council may 71. (1) Le lieutenant-gouverneur en conseil peut, par
make, regulations governing the application of the duties reglement, regir ]'application, A Pindustrie du taxi, des
and rights set out in Part 111.0. 1 to the taxi industry. devoirs et des droits enonces a ]a partie II1.0.L
Same Idem
(2) Without limiting the generality of subsection (1), (2) Sans prejudice de la portee generale du paragraphe
the Lieutenant Governor in Council may make regula- (1), le lieutenant-gouverneur en conseil peut, par regle-
tions, ment :
(a) specifying that all or any of the duties set out in a) preciser que la totalite ou une partie des devoirs
Part 111.0.1 apply for the purposes of the regula- enonces a la partie 111.0.1 s'applique dans le cadre
tions, with such modifications as may be necessary des reglements, avec les adaptations necessaires
in the circumstances; dans les circonstances;
(b) specifying who shall be considered an employer b) preciser les personnel qui sont consid€rees comme
for the purposes of the regulations and requiring etant des employeurs pour ]'application des regle-
that person to carry out the specified duties; ments et exiger que ces personnes s'acquittent des
devoirs precises;
(c) specifying who shall be considered a worker for c) preciser les.personnes qui sont consid6rdes comme
the purposes of the regulations; etant des travailleurs pour ]'application des regle-
ments;
(d) specifying what shall be considered a workplace d) preciser ce qui est considers comme etant un lieu
for the purposes of the regulations. de travail pour ]'application des reglements.
Commencement Entr6e en vigueur
9. This Act comes into force six months after the 9. La presente loi entre en vigueur six mois apres le
day it receives Royal Assent. jour oil elle regoit la sanction royale.
Short title Titre abr6gk
10. The short title of this Act is the Occupational 10. Le titre abrege de la presente loi est Loi de 2009
Health and Safety Amendment Act (Violence and Har- modifiant la Loi sur la santd et la sdcuritE au travail
assment in the Workplace), 2009. (violence etharcelement au travail).
C~ City Policy
PICKERING A-rrACHMENT# TO REPORT
Policy Title: Respect in the Workplace Policy Number: HUR 070
Reference: Date Originated: Date Revised:
Ontario Human Rights Code, R.S.O. 1990, March, 1993 May 7, 2010
Chapter H. 19, 2009, c. 33, Sched. 2, s. 35.
Occupational Health and Safety Act, R. S. O.
1990, Chapter 0. 1, 2009, c. 33, Sched. 20,
s.3.
Municipal Freedom of Information and
Protection of Privacy Act, R. S. O. 1990,
Chapter M. 56, 2007, c. 13, s. 45.
Approval: Council Point of Contact: Division Head, Human
Resources
Policy Objective
The Corporation of the City of Pickering (the "City") is committed to providing and
maintaining a work environment that is free from violence and harassment and where
the dignity and self-esteem of every employee is respected.
Under the provisions of the Ontario Human Rights Code, every employee has the right
to freedom from harassment in the workplace by the employer, by an agent of the
employer, or by another employee because of sex, sexual orientation, race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital
status, family status, being or having been in receipt of public assistance or mental or
physical handicap. Furthermore, in accordance with the Occupational Health and
Safety Act, this policy prohibits all forms of harassment, psychological harassment and
violence that is related or unrelated to any of the prohibited grounds mentioned above.
In keeping with its legal and social responsibilities as an employer and to prevent and
manage workplace harassment and violence, the City will treat any complaint of
workplace harassment as a serious matter which, if proven, constitutes a serious
offence that will not be tolerated or condoned.
33
The objective of this policy is to:
a) demonstrate the City's commitment to the provision of a working environment
that is free of violence and all forms of harassment;
b) provide all City employees with an opportunity to bring forward and remedy
allegations of workplace violence and harassment in a fair and impartial manner;
c) set out the types of behaviour that may be considered to be offensive;
d) establish a mechanism for receiving complaints of workplace violence and
harassment and to provide a procedure by which the City will deal with these
complaints; and
e) ensure that all complaints are dealt with expeditiously and objectively and that
the rights of all parties are respected.
Index
01 Definitions
02 Responsibilities
03 Procedures
04 Confidentiality
05 Applications
06 Limitations
Appendix 1 Harassment Complaint Form
Appendix 2 Workplace Violence Reporting Form
Appendix 3 Response to Harassment Complaint
01 Definitions
01.01 Formal Complaint is a written statement signed and dated by an
employee containing-full particulars of an allegation of a violation of this
Policy. Such particulars include a factual account of the incident(s),
Policy Title: Respect in the Workplace Page 2 of 14
Policy Number: HUR 070
34
relevant times, dates, circumstances, the person(s) involved, and the
names of any witnesses.
01.02 Complainant is any person who makes a formal complaint.
01.03 Discrimination is any distinction, exclusion or preference based on a
protected ground in the Ontario Human Rights Code which nullifies or
impairs equal opportunity in employment.
01.04 Retaliation is action taken against an individual in response to having
invoked the Respect in the Workplace Policy on behalf of oneself or
another individual or for having participated or cooperated in any
investigation under this Policy.
01.05 Respondent is the person(s) in which allegations of harassment and/or
violence are taken against.
01.06 Supervisor is the immediate non-union supervisor.
01.07 Workplace is the working or work-related environment including, but not
limited to, the offices, buildings, worksites or any other location where City
business is being conducted and employees have gathered as a result of
employment responsibilities or social gatherings sanctioned by the City.
01.08 Workplace Harassment is engaging in a course of vexatious comment or
conduct against a worker in a workplace that is known or ought reasonably
to be known to be unwelcome which creates an intimidating or hostile work
environment, interferes with an employee's work performance, or
threatens economic livelihood. Harassment which occurs outside of the
workplace but which has repercussions in the work environment,
adversely affecting employee relationships, may also be defined as
workplace harassment. Workplace harassment can involve the following:
a) Harassment is engaging in a course of vexatious comments or
conduct that is known, or ought reasonably to be known, to be
unwelcome or offensive, and includes, for purposes of this policy,
one or a series of unwanted, unsolicited actions, behaviours,
remarks or communications in any form, directed toward an
individual or a group, and which are related to any of the prohibited
grounds of workplace or employment harassment under the Code.
Policy Title: Respect in the Workplace Page 3 of 14
Policy Number: HUR 070
35
Harassment can include, but is not limited to the following
examples:
• racial or ethnic slurs;
• repeatedly asking when they are going to get married or have
children;
• inappropriate comments about specific genders or age
groups; and/or
• unwelcome remarks, jokes, taunts, suggestions about a
person's religion, disability, etc.
b) Psychological Harassment is engaging in behaviour that is
intended to intimidate, offend, degrade or humiliate a particular
person or group of people. Examples of psychological harassment
can include, but are not limited to:
• verbally abusive behaviour such as yelling, insults and name
calling;
• persistent, excessive and unjustified criticism and constant
scrutiny;
• spreading malicious rumours;
• excluding or ignoring someone;
• sabotaging someone else's work;
• written or verbal abuse or threats;
• making false allegations about someone in memos or other
work related documents; and/or
• actions which create a poisoned work environment which
occurs when an activity or behaviour is not necessarily
directed at anyone in particular but creates a hostile or
offensive workplace for those who are exposed to it.
c) Sexual Harassment is any unwelcome conduct, comment, gesture
or physical contact of a sexual nature directed toward someone of
the same or opposite gender that is known or ought reasonably to
be known to cause offense, embarrassment or humiliation. Sexual
harassment can include, but is not limited to the following
examples:
• unwelcome remarks, jokes, taunts, and/or suggestions about
a person's body;
Policy Title: Respect in the Workplace Page 4 of 14
Policy Number: HUR 070
36
• displays of pornographic, sexist, or other offensive or
derogatory material;
• leering (suggestive staring) or other offensive gestures;
• unnecessary physical contact;
• persistent, unwanted attention after a consensual relationship
ends; and/or
• unwelcome sexual remarks, invitations or requests.
01.09 Workplace Violence is:
a) the exercise of physical force by a person against a worker, in a
workplace, that causes or could cause physical injury to the worker;
b) an attempt to exercise physical force against a worker, in a
workplace, that could cause physical injury to the worker;
c) a statement or behaviour that it is reasonable for a worker to
interpret as a threat to exercise physical force against the worker, in
a workplace, that could cause physical injury to the worker.
Workplace violence can include but is not limited to the following
examples:
• physically abusive or threatening behaviour such as pushing,
hitting, finger pointing or standing close to someone in an
aggressive manner; and/or
• using or threatening to use a weapon.
'02 Responsibilities
02.01 Council to:
a) approve the policy and any amendments to it from time to time; and
b) actively support and adhere to the Respect in the Workplace Policy.
02.02 Chief Administrative Officer to:
a) actively support and adhere to the Respect in the Workplace Policy;
b) ensure that all City employees are provided with a work
environment free from any form of harassment or violence; and
Policy Title: Respect in the Workplace Page 5 of 14
Policy Number: HUR 070
37
c) create an environment that encourages prospective complainants to
report incidents of harassment and violence should they occur.
02.03 Directors and Division. Heads to:
a) actively support and adhere to the Respect in the Workplace Policy;
b) create and maintain a harassment and violence free workplace for
all employees within his/her department/division;
c) prevent and discourage workplace harassment and violence
through action and example by ensuring that their own conduct and
that of their employees is not hurtful, intimidating or embarrassing;
d) ensure that workplace behaviour contrary to this Policy is not
permitted, condoned, or ignored;
e) ensure that all employees within his/her department/division are
conversant with the City's Respect in the Workplace Policy and with
their rights and responsibilities under this Policy;
f) treat all complaints of workplace harassment and violence seriously
and respond in a timely manner to complains in accordance with the
procedures outlined in this Policy;
g) cooperate in any investigation arising from complaints made under
this Policy; and
h) undertake appropriate corrective or disciplinary'action including
making recommendations to terminate employment as required.
02.04 Supervisors to:
a) take reasonable precautions to protect the health and safety of
workers which includes preventing workplace violence by creating
and maintaining a harassment and violence free workplace for all
employees within his/her work unit;
b) prevent and discourage workplace harassment and violence
through action and example by ensuring that their own conduct and
that of their employees is not hurtful, intimidating or embarrassing;
c) offer training and information to workers to ensure that workplace
behaviour contrary to this Policy is not permitted, condoned or
ignored;
d) treat all complaints of workplace harassment and violence seriously
and respond in a timely manner to complaints in accordance with
the procedures outlined in this Policy;
Policy Title: Respect in the Workplace Page 6 of 14
Policy Number: HUR 070
38
e) communicate and reinforce the City's Policy and Procedures on
workplace harassment and violence to all employees within his/her
work unit;
f) investigate and take appropriate action in a timely fashion when
he/she has knowledge of workplace harassment or violence
occurring within his/her work unit; and
g) cooperate in any investigation arising from complaints made under
this Policy.
02.05 Human Resources Division to:
a) provide training and education to all employees on the interpretation
and application of this Policy;
b) serve as a resource to management and staff on workplace
harassment, violence and related issues;
c) provide consultation and advice to City management regarding
appropriate corrective or disciplinary action to be undertaken to
resolve a complaint;
d) receive complaints and undertake a prompt and confidential
investigation into all complaints brought forward;
e) maintain a centralized record of all workplace harassment and
violence complaints and related documentation;
f) undertake follow-up interviews with the complainant in accordance
with the procedures outlined in this Policy; and
g) ' initiate and conduct regular reviews of the Respect in the Workplace
Policy and provide a written report and recommendations to the
Chief Administrative Officer;
h) take every reasonable precaution given the circumstances to
protect the worker if made aware or ought reasonably to be aware
that domestic violence would likely expose the worker to physical
injury; and
i) assess the risk of workplace violence that may arise and to report
the results of the assessment to the Joint Health & Safety
Committee or its representative.
j) provide information to worker(s), including personal information,
related to a risk to workplace violence from a person with a history
of violent behaviour if:
i. the worker can be expected to encounter that person in the
course of his or her work; and
Policy Title: Respect in the Workplace Page 7 of 14
Policy Number: HUR 070
39
ii. the risk of workplace violence is likely to expose the worker to
physical injury.
02.06 Employees to:
a) ensure that their actions and behaviour do not cause
embarrassment or humiliation to co-workers;
b) have the right to refuse to work or do particular work where he or
she has reason to believe that workplace violence is likely to
endanger himself or herself;
c) comply with this Policy and take all steps to maintain a harassment
and violence free workplace;
d) report any incident or observations of inappropriate action or
behaviour to their Supervisor, Division Head, Director or to the
Human Resources Division;
e) notify his/her supervisor and Human Resources if he/she has a
legal court order (eg. restraining order) against another individual if
the employee believes the aggressor may put him/her or other
employees at risk of workplace violence; and
f) cooperate fully in any investigation arising from complaints brought
forward under this Policy.
03 Procedures
03.01 Any employee who considers that he or she has been subjected to
workplace harassment is encouraged to bring the matter to the attention of
the individuals(s) responsible, advising the person that the behaviour is
unwelcome, contrary to the Respect in the Workplace Policy and request
that it be stopped.
03.02 Employees who believe that they are being harassed or who have tried
unsuccessfully to deal directly with the individual(s) responsible for the
behaviour or who feel that such an approach is inappropriate, should
report the incident(s) using the Harassment Complaint Form (Appendix 1)
to their Supervisor, Division Head or Director who will take immediate
steps to resolve the problem. Any Supervisor, Division Head/Director
having received a complaint, should notify the Division Head, Human
Resources immediately upon receipt of the complaint.
Policy Title: Respect in the Workplace Page 8 of 14
Policy Number: HUR 070
40
03.03 When attempts to resolve the matter through the above methods are
inappropriate or fail, the employee may submit his/her formal complaint
(Appendix 1) to the Human Resources Division within a reasonable time
from when the incident occurred.
03.04 When a complaint has been forwarded directly to Human Resources, the
Division Head, Human Resources or designate shall conduct an
investigation into the complaint. Such investigation shall include
interviews with the complainant(s), the respondent, witnesses to the
incident(s) and any other person who may provide relevant information.
Allegations of workplace violence will be investigated by Human
Resources and if required a Ministry of Labour Inspector.
03.05 The respondent will be given a copy or a synopsis of the complaint as
soon as possible, and will be given an opportunity to respond verbally or in
writing using the Response to Harassment Complaint Form (Appendix 3).
03.06 Once the investigation has been completed, a written report summarizing
investigation findings will be prepared for the appropriate Director with
recommendations for corrective action as appropriate in the
circumstances.
03.07 Where the results of the investigation support a specific complaint of
harassment, appropriate corrective action will be taken. Where the results
of the investigation do not support allegations of harassment, no further
action will be taken and the complainant will be advised as such.
03.08 The test for determining if workplace harassment has occurred may be
met by assessing if:
a) the complainant specifically says the conduct is unwelcome; and/or
b) the complainant conveys through conduct or body language that the
behaviour is unwelcome; and/or
c) a reasonable person would have recognized that the behaviour
would be unwelcome under the circumstances.
03.09 No reprisals. will be taken against any party for having invoked his/her
rights under this Policy. However, where as a result of an investigation it
is determined that a complaint was made maliciously or in bad faith, formal
disciplinary action may be taken against the complainant. Documentation
Policy Title: Respect in the Workplace Page 9 of 14
Policy Number: HUR 070
41
regarding disciplinary action will be retained in the employee's personnel
file.
03.10 The Human Resources Division will undertake follow-up interviews with
the complainant as required. All follow-up interviews will be documented
and retained in the Human Resources Division.
03.11 For employees covered by a collective agreement, a complaint may be
filed through their union as a grievance, if not satisfied with the
investigation.
03.12 When a complaint is made against the Chief Administrative Officer, a
Director or a Division Head, or when the Chief Administrative Officer
considers it appropriate, the resolution of a complaint under this Policy
may be referred to an outside consultant who will conduct a prompt and
confidential inquiry into the complaint.
03.13 Acts or threats of violence involving a weapon or incidents where the
violence is extreme must be reported to the police and management
immediately. All instances of workplace violence must be reported using
the Workplace Violence Reporting Form (Appendix 2) and will be
investigated accordingly.
04 Confidentiality
04.01 The City recognizes that allegations of workplace harassment and
violence involves sensitive disclosures and respects icomplainant's
interest in keeping the matter confidential.
04.02 All complaints of workplace harassment (including the identities of the
complainant, the person against whom the complaint is made, and any
witnesses) will therefore be held in confidence and will be disclosed only to
the extent necessary to investigate and resolve the complaint. It is the
City's expectation that the complainant, the person against whom the
complaint is made, and any witnesses to the incident(s) will also maintain
confidentiality.
04.03 All records of complaints, including contents of meetings, interviews,
results of investigations, and all other documentation, will be retained by
the Human Resources Division.
Policy Title: Respect in the Workplace Page 10 of 14
Policy Number: HUR 070
42
04.04 All information pertaining to the results of the risk of workplace violence
that may arise from an assessment will be provided to the Joint Health &
Safety Committee or its representative and will be disclosed only to the
extent necessary to generate statistics.
04.05 All records pertaining to a complaint under this Policy are subject to the
provisions of the Municipal Freedom of Information and Protection of
Privacy Act, the Ontario Human Rights Code or the rules governing Court
proceedings.
05 Application
This Policy is applicable to all City employees, contractors, visitors, clients,
patrons, volunteers, elected and appointed officials. It applies to all matters
identified occurring in the course of any person's employment or contract of
services.
06 Limitations
The City is committed to providing all its employees with a supportive and
satisfying work environment. Every employee has the right to make a complaint or
to enforce his or her rights under this Policy, without retaliation or the threat of
retaliation and in the expectation that complaints of workplace harassment and
violence will be successfully resolved by the City without recourse to other
avenues.
Notwithstanding the existence of this policy, under the provisions of the Ontario
Human Rights Code all City employees may at any time pursue their rights
independent of this Policy.
Appendix 1 Harassment Complaint Form
Appendix 2 Workplace Violence Reporting Form
Appendix 3 Response to Harassment Complaint
Policy Title: Respect in the Workplace Page 11 of 14
Policy Number: HUR 070
43
Appendix 1
HarassmentCompWnt Form
JMJL IN! %-7
Appendix 1
All complaints of workplace harassment wilt be he d in confidence and will be disclosed only to the
extent necessaryto investigate and resolve the complaint. It is the City's expectation that the
complainant, the person againstwhomthe complaint is made, and anywitnesses to the incident(s)
will also maintain confidentiality.
Complainant Information (Anonymous complaints will not be investigated)
Last Name FirstName[77, Date°
Position Department D vi-r, i on
_
Facility Immediate Non-Union Supervisor
Subject of Complaint Information
Nar-eof indivJualyou are complaining about Position
When did the i'ncident(s)occur? Place the i nci dent occurred
Date(s)i.
Time(s)_ p am pm
Nat, re of the Allegation(s)
1. Des c ribe the sequence of events andfactors leading upto the occurrence.
i.
2. Describe your reaction:
1 List any witness eswhoobservedth econduct, orinrividualswhom ayhaveinformation about the
cornTaint
4. Outl inewhat you have done in response toth is probl emto date, if anything, i n eluding s peakingto the
p a rs on yo u are compla ining a bout or rais ing yo urco ncems with s omeone else.
L
Page 1 of 2
Policy Title: Respect in the Workplace Page 12 of 14
Policy Number: HUR 070
44
Appendix 2
Workplace Violence
Reporting Form
: M&Z- L PTCXETITqG
Apper`dix. I
This form is to be used in instances where a person has exercisedor attemptedto exercise physical
force against an employee that could cause physical injury. YOU May also use this form when a
person makes a statem.entorexhibits a behaviourth at is reasonable enough fora person to interpret
as a threat to exercise physical fo rce th at co u I d cause physical injury-
Claimant's Information
LastName= First Name Date Department= Divisions
lncidentDetails
Name ofAggressor(if known) Yourfamiliar6twiththe aggressor
E-
When didthe incidentoccur? Location of incident
Date
1--
Time[__ am E pm
Type of Incident
Mail 10D Email p Voicemail El Telephone
Extension call received atr-.-'' Call display number(if applicable) F--
1. Describe the sequence of events and factors leadinguptothethreattviolence..
2. Whatwasthenature ofthethreatrviolence'?(Whatwassaid anddonespecifically)
3. List anywitneases whoobservedtheconduct, orindividualswhomayhaveinformation about the
complaint
4. Provide a physical description if the aggressor's identity is unknown. (height, weight, clothing
hair, ethnicity, etc.)
MRfJ310Fd1fiX12 ReMoRd 050 Page 1 oft
.
Policy Title: Respect in the Workplace Page 13 of 14
Policy Number: HUR 070
45
Appendix 3
f Response to HarassmentCompfaint
A,ppemEx 2
Pil Ci
All complaints of workplace harassment wilI be held in confidence and will be disclosed only to the
exte nt n ecessa ry to investigate a n d res olve th a co m piAnt. It is the C ity's expectati o n th at th e
complainant, the person againstwhomthe complaint is made, and any witnesses to the incident(s)
will also maintainconfidentiality.
Respondent's information
LastName FirstNarne~ Dated
Position Department Division
Name(s)ofCornplainant(s)
Last Name F First ame
Address the Complaint
Include as much information to the complaint as possible, including dates and times. Please
respondto each allegation contained!in the complaint. (Attach extra pages if required)
Response
i
List any individuals who may have information a bout th a complaint, or wh o may have observedth e
conduct in question.
Respondent's signature Date
~CRd31C1.OSCI2 Rr+rbed02~i Page 1 of 1
Policy Title: Respect in the Workplace Page 14 of 14
Policy Number: HUR 070
i
46
Cary Report to
Executive Committee
I KERING Report Number: OES 13-10
Date: June 14, 2010
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Tender T-5-2010
- Full Depth Asphalt Removal and. Replacement Glenanna Road and
Hampton Court
- File: A-1440
Recommendations:
1. That Report OES 13-10 of the Director, Operations & Emergency Services
regarding the tender for Full Depth Asphalt Removal and Replacement of
Glenanna Road and Hampton Court be received;
2. That Tender T-5-2010 submitted by Furfari Paving Company Limited at a cost of
$974,208.90 (GST included) and a net cost of $927,818 be accepted;
3. That the total gross project cost of $1,110,708.90 (GST included) including the
tender amount and other associated costs, and the total net project cost of
$1,057,818 be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project as follows:
a) that the sum of $700,000 to be funded from the Federal Gas Tax Grant, as
provided for in the 2010 approved Roads Capital Budget for Glenanna Road be
increased to $765,315;
b) that the sum of $200,000 to be funded from the Public Works Reserve Fund as
provided for in the 2010 approved Roads Capital Budget for Glenanna Road be
increased to $218,661;
c) that the sum of $35,000 to be funded from the Federal Gas Tax Grant, as
provided for in the 2010 approved Roads Capital Budget for Hampton Court be
increased to $73,842;
Report OES 13-10 June 14, 2010
Subject: Tender T-5-2010 47
Full Depth Asphalt Removal and Replacement Glenanna Road
And Hampton Court Page 2
d) the Treasurer is authorized to take any actions necessary in order to effect the
foregoing; and
5. That notwithstanding that the construction of bike lanes within existing rights-of-
way is a pre-approved Schedule A+ project in accordance with the Municipal
Class Environmental Assessment (October 2000, as amended in 2007)
document, and requires only that the public be notified of the project, the Director
of Operations & Emergency Services and appropriate staff undertake public
consultation with affected property owners and user groups on Glenanna Road
regarding the introduction of bike lanes on Glenanna Road and report back to
Council; and
6. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: As part of the 2010 Roads Capital Budget, full depth asphalt
removal and replacement of Glenanna Road and Hampton Court was approved as a
construction project. Tender T-5-2010 was issued on Thursday, May 6, 2010 and
closed on Wednesday, May 19, 2010 with four (4) bidders responding. The low bid
submitted by Furfari Paving Company Limited is recommended for approval. The total
gross project cost is estimated to be $1,110,708.90 and an estimated total net project
cost $1,057,818 (net of GST rebate).
The introduction of bike lanes on Glenanna Road is a Schedule A+ project in
accordance with the Municipal Class EA process. Schedule A+ projects require public
notification, however, staff is recommending that some public consultation take place
with affected property owners and user groups.
The City's Purchasing Policy requires staff to report to Council on results of the tender
and financing in order to proceed with this project in a timely manner.
Financial Implications:
1.Tender Amount
T-5-2010 $927,818.00
GST 46.390.90
Sub-Total 974,208.90
GST Rebate (46,390.90)
Total $927,818.00
Wort OES 13-10 June 14, 2010
Subject: Tender T-S- 2010
Full Depth Asphalt Removal and Replacement Glenanna Road
And Hampton Court Page 3
2. Approved Source Of Funds
Roads Capital Budget
Location . Project Code Source of Funds Budget Required
Glenanna Road 5320.1014.6250 Federal Gas Tax Grant 700,000 700,000
Glenanna Road 5320.1014.6250 Public Works Res. Fund 200,000 200,000
Hampton Court 5320.1008.6250 Federal Gas Tax Grant 35,000 35,000
Funds Available 935,000 935,000
Additional .
Funds Required
5320.1014.6250 Federal Gas Tax Grant 65,315
5320.1014.6250 Public Works Res. Fund 18,661
5320.1008.6250 ' Federal Gas Tax Grant 38,842
Total Additional Funds 122,818
Required
Grand Total Funds $1,057,818
Required
3. Estimated Project Costing Summa
T-5-2010 - Tender for Full Depth Asphalt Removal and
Replacement Glenanna Road and Hampton Court $927,818
GST 46,391
Total Gross Tender Cost 974,209
Associated Costs
Materials Testing 15,000
Miscellaneous Costs 15,000
Construction Contingency 100,000
Sub Total - Associated Costs $130,000
GST - Associated Costs 6,500
Total Gross Associated Costs $136,500
Total Gross Project Cost $1,110,709
GST Rebate (52,891)
Total Net Project Costs $1,057,818
Report OES 13-10 June 14, 2010
49
Subject: Tender T-5- 2010
Full Depth Asphalt Removal and Replacement Glenanna Road
And Hampton Court Page 4
Net Project Costs (over) under Approved Funds ($122,818)
Breakdown of costs b project
Costs Glenanna Road Hampton Court Total
T-5-2010 $866,977 $60,841 $927,818
Associated Costs 27,000 3,000 30,000
Contingency 90,000 10,000 100,000
Total 1983,977 $73,841 $1,057,818
The 2010 Capital Budget as approved by Council includes $900,000 for Glenanna Road
and $35,000 for Hampton Court. As a result of extensive field investigations undertaken
by staff, higher quantities of asphalt and concrete sidewalk/curb repairs were measured
than were originally estimated for budget purposes. In the case of Hampton Court, the
entire base asphalt requires replacement. This replacement was not included in the
approved budget for 2010. This ultimately led to higher project costs. Costs including
this tender are now $983,977 for Glenanna Road and $73,841 for Hampton Court
resulting in an additional $122,818 in funding.
With the new Harmonized Sales Tax (HST) coming into effect starting July 1, 2010, the
full depth asphalt removal and replacement of Glenanna Road and Hampton Court will
be affected by the HST. Under the HST, municipalities will be charged 13% on most
goods and services and subject to a rebate of 11.24%, resulting in a net cost of 1.76% to
the City. The above table has presented the taxes based on a 5% GST and the 8% PST
embedded in the cost of the tender. The impact of the HST will be shown in the progress
billing to the City when the invoices are paid. For simplicity, the associated costs:
materials testing and miscellaneous are shown at a rate of 5% to be consistent with the
presentation on the above table. These associated costs will also be affected by the
implementation of HST, albeit the impact being minor seeing the estimated costs is
small.
The Director, Corporate Services & Treasurer has reviewed the budgetary implications
and the financing of the expenditures contained in this report and concurs. The
Treasurer proposes that the increase in costs in the amount of $122,818 be funded by
the Federal Gas Tax Grant ($65,315) and Public Works Reserve Funds ($18,661) based
on the same funding formula for this project as was provided for in the 2010 Capital
Budget for Glenanna Road. The increase in costs ($38,842) for Hampton Court will be
funded 100% from Federal Gas Tax Grant as was provided for in the 2010 Capital
Budget.
Report OES 13-10 June 14, 2010
50
Subject: Tender T-5-2010
Full Depth Asphalt Removal and Replacement Glenanna Road
And Hampton Court Page 5
Sustainability Implications: This project will allow for improving the roadway
geometrics and vehicular flow in this area at a fraction of the cost of full reconstruction
in the future. The new road works will reduce maintenance costs for the next several
years. The introduction of new bike routes would provide for alternative modes of
transportation.
Background: As part of the Roads Capital 2010 Budget, full depth asphalt
removal and replacement Glenanna Road and Hampton Court was identified as a
construction project. In the Trails & Bikeway Master Plan (1995) Glenanna Road from
Pickering Parkway to Dixie Road was identified as a future bike route. With the road
resurfacing now taking place, it is an ideal time for the City to consult with the public
about the introduction of bike lanes where presently none exist. In order to introduce
bike lanes in an existing right-of-way, the Municipal Class Environmental Assessment
(October 2000, as amended in 2007) must be followed. The project is identified as a
Schedule A+ project which is pre-approved and not subject to a Part II Order (bump-up)
but requires some form of public advertisement or notification prior to implementation.
There are several ways that the public can be advised of the project, such as this.
Report to Council, a 'notice on the City's project list on the website, written notice to
adjacent residents, etc. However, staff are recommending exceeding the minimum
requirements of the Class EA, and conducting community consultation with affected
homeowners fronting Glenanna Road between Dixie Road and Glendale Drive, and the
Glendale Tennis Club.
The reason for the additional consultation is that in order to effectively install bike lanes
(on both sides of the road), a no parking restriction should be in effect. The no parking
by-law would affect properties between Dixie Road and Glendale Drive where on-street
parking is currently allowed. Consultation with affected property owners and user
groups will inform them, and invite comment on both the bike lanes and no-parking by-
law. Upon completion of the consultation, a Report to Council will be prepared for the
July 12, 2010 Council meeting to amend the Traffic By-law to incorporate no-parking
zones.
Tender T-5-2010 was issued on Thursday, May 6, 2010 and closed on Wednesday,
May 19, 2010 with four (4) bidders responding. The low bid by Furfari Paving Company
Limited is recommended by staff. The total gross project cost is estimated to be
$1,110,708.90 for an estimated net cost to the City of $1,057,818 (net of GST rebate).
A reference check for Furfari Paving Company Limited has been completed and is
deemed acceptable by the Supervisor, Engineering & Capital Works. The Health &
Safety Policy, Confined Space Awareness Training and list of employees trained,
current WSIB Council Amendment to Draft #7 (CAD-7), Certificate of Clearance issued
by Workplace Safety & Insurance Board as submitted by Furfari Paving Company
Limited have been reviewed by the Coordinator, Health & Safety and deemed
Report OES 13-10 June 14, 2010
Subject: Tender T-5-2010 51
Full Depth Asphalt Removal and Replacement Glenanna Road
And Hampton Court Page 6
acceptable. The Certificate of Insurance has been reviewed by the Manager, Taxation
and is deemed acceptable. In conjunction with staffs review of the contractor's
previous work experience check of references submitted and the bonding available on
this project, the tender is deemed acceptable.
Upon careful examination of all tenders and relevant documents received, the
Operations & Emergency Services Department, Engineering Services Division
recommends the acceptance of the low bid submitted by Furfari Paving Company
Limited for Tender T-5 -2010 in the amount of $974,208.90 (GST included) and that the
total net project cost of $1,057,818 be approved.
This report has been prepared in conjunction with the Manager, Supply & Services who
concurs with the foregoing.
Attachments:
1. Location Maps
2. Supply & Services Memo Dated May 20, 2010
Prepared By: Approved/Endorsed B
Darrell Selsky Eve Bunt ma
Supervisor Director
Engineering & C pital Works Operations & Emergency Services
V ~ ~ SI
Vera A. gemacherl Gillis Paterson
C.P.P., CPPO, CPPB, C.P.M., CMM III Director
Manager Corporate Services & Treasurer
Supply & Services
Report OES 13-10 June 14, 2010,
Subject: Tender T-S- 2010
Full Depth Asphalt Removal and Replacement Glenanna Road
And Hampton Court Page 7
Caryn Kong Richard W. Holborn, P. Eng.,
Senior Financial Analyst Division Head
Capital and Debt Management Engineering Services
DS:ds
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Counc'
Tony del, P. ng.
Chief Administrative Officer
Cas 00 AT I ACS IMENT#__/. _ TO REPORT# OF-5 /3-/0
of
z 53
ENGINEERING SERVICES DIVISION
Attachment for Tender T-5-2010
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LOCATION MAP
PROPOSED CONSTRUCTION INCLUDES:
GLENANNA ROAD - The proposed works to include complete asphalt removal
and new asphalt surfacing installed with concrete curb & gutter and sidewalk
repairs/replacement where required, from Pickering Parkway to Dixie Road.
Phase 1 a: Kingston Road to The Esplanade South
Phase 1 b: The Esplanade South to Pickering Parkway
Phase 2: Liverpool Road to Kingston Road
Phase 3: Dixie Road to Liverpool Road
4 A,TTACdi► ENY4- YOREPORT# 0E /3)D
"o of 2-
ENGINEERING SERVICES DIVISION
Attachment for Tender T-5-2010
GLENANNA ROAD AND HAMPTON COURT FULL DEPTH ASPHALT
RESURFACING
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LOCATION MAP
PROPOSED CONSTRUCTION INCLUDES:
HAMPTON COURT - The proposed works to include complete asphalt removal
and new asphalt surfacing installed with concrete curb & gutter and sidewalk
repairs/replacement where required.
CItq v ATTACHMENT# 2% TOREPORT# OCS I~~IO
of55
PICKERING MEMO
To: Richard Holborn May 20, 2010
Division Head, Municipal Property & Engineering
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Supervisor, Engineering & Capital Works
Subject: Tender No. T-5-2010
Full Depth Asphalt Removal and Replacement Glenanna Road and Hampton Court
Closing: Wednesday, May 19, 2010
File: F-5400-01
Tenders have been received for the above project. Four (4) bidders were invited to
participate. An advertisement was placed in the Daily Commercial News and posted on the
City's website.
A copy of the Record of Tenders Opened and Checked used at the public tender opening is
attached. Tenders shall be irrevocable for 60 days after the official closing date and time.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit
prices and extensions; unit prices shall govern and extensions will be corrected accordingly,
which has been done,
Copies of the tenders are attached for your review along with the summary of costs.
SUMMARY
PST Included/GST Included
i Bidder Total Tendered Amount After Calculation Check
s
FurFari Paving Co. LTD $974,208.90 $974,208.90
Coco Paving Inc. $1,126,650.00 $1,126,650.00
Serve Construction LTD $1,567,954.50 $1,567,954.50
D. Crupi & Sons Limited $1,029,820.00 $1,029,820.00
Page 1
1 56 ATTACHMENT# ~w TO REPORT#-lL 13-/0
3
Tenders received from the following bidders e-t'ted.
Bidder Reference
Miller Paving Automatic rejection - Bid deposit not sufficient.
Limited Reference: Purchasing By-law No. 5900-01, Procedure No. PUR
010-001, 10.04, Item 7-9(d), I B Item 16,17 & 18; TS Item 1, 2, 3.
Four Seasons Site Automatic rejection - Bid deposit not sufficient.
Development Reference: Purchasing By-law No. 5900-01, Procedure No. PUR
010-001,10.04, Item 7-9(d), I B Item 16, 17 & 18; TS Item 1, 2, 3.
Include the following items in your Report to Council:
(a) without past work experience, if reference information is acceptable;
(b) the appropriate account number(s) to which the equipment is to be charged;
(c) the budget amount(s) assigned thereto;
(d) Treasurer's confirmation of funding;
(e) related departmental approvals;
(f) any reason(s) why the low bid of Furfari Paving Co. LTD is not acceptable; and
(g) related comments specific to the project.
Please do not disclose any. information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the Public tender opening. Bidders will be
advised of the outcome in due course.
If you require further information, please feel free to contact me or a member of Supply &
Services.
e
VAF/ar
Attachments
Tender No. T-5-2010 Page 2
Tender for Full Depth Asphalt Removal and Replacement
Glenanna Road and Hampton Court
File: F-5400-01
57
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Carr Report To
Executive Committee
1 ICKERIlyG Report Number: CS 20-10
Date: June 14, 2010
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: 2009 Pre-Audit Balances of Reserves and Reserve Funds
Recommendation:.,.
That Report CS 20-10 of the Director, Corporate Services & Treasurer be received for
information.
Executive Summary: Based on the preliminary 2009 results, we can now report on
the pre-audit actual activities within the Reserves and Reserve Funds for 2009. A
summary is presented in Appendix A.
The purpose and 2009 financial transactions for each reserve and reserve fund are set
out in Appendices B and C respectively.
Financial Implications: Not applicable
Sustainability Implications: Funds available under the reserves and reserve funds
provide partial financial support towards the sustainability of Pickering in both capital
and operating expenditures.
Background: As in previous reports filed over the years, this report provides specific
information on each of the City's Reserves and Reserve Funds, including year-end
balances. The 2009 pre-audit Reserves and Reserve Funds balance of $63,290,000 is
one of the highest balances ever reported in Pickering. However, this balance is not
fully available for use due to the outstanding budget commitments of funds not yet
spent, the obligations connected with the collection of funds or other specific purposes
approved by Council or under provincial legislation.
With regard to unspent budget commitments for capital projects, we are continuing the
practice of not transferring funding for commitments until the-expenditures are incurred.
This procedure allows the reserve funds to earn interest income as long as funds are
Report CS 20-10 Date: June 14; 2010
59
Subject: 2009 Pre-Audit Balances of Reserves and Reserve Funds Page 2
still in the reserve fund's custody and is in compliance with Public Sector Accounting
Board (PSAB) for obligatory reserve funds. The combined unspent budget commitments
for all reserve funds are $5,838,760.
The Development Charges, Parkland, Third Party/Developer Contributions, Federal Gas
Tax and Building Permit Reserve Funds represent funds received for specific purposes
subject to legislative requirements and based on developer agreements or agreements
with any third parties. Funds available in these reserve funds are obligatory in nature
and should be treated as committed. The balance in these obligatory reserve funds is
$34,872,751 (See Appendix A). The combined total of the budget commitments, other
restricted balances and obligatory reserve funds of approximately $41 million reduced
the "discretionary" balance to approximately $22 million as at December 31, 2009.
Of the aforementioned balance of $22 million, almost $17 million is in the Rate
Stabilization Reserve which is anticipated to be used over the next term of Council as
the City progresses towards a sustainable level of budgets. The balance of $5 million is
primarily reserved for capital works and capital replacements related to vehicles,
equipment, telephone, and community facilities.
The City established a new reserve and reserve fund this year: Economic Stabilization
Reserve and Operations Centre Reserve Fund. Initial funding for the Economic
Reserve came from a Veridian 2009 special dividend. This reserve will provide funds to
assist the City's budget process during the next few years. The Operations Centre
Reserve Fund was established to capture net proceeds from sale of land from City
owned land especially in Duffin Heights. The purposes of the reserves and reserve
funds are discussed further in Appendices B and C.
Internal borrowings from the reserve funds commenced in 2001 to assist in funding
capital projects. The outstanding principal balance as at December 31, 2009 is.
approximately $2.3 million. These loans are undertaken from the Development Charges
and Parkland Reserve Funds. The breakdown of the principal balance for both the
reserve funds is $2.24 million and $55,619 respectively. This provided the reserve
funds with an attractive rate of interest compared to current market investment rates
while at the same time providing a cheaper cost of borrowing to the capital fund.
'Interest earned on internal loans represents amounts earned on the 2001 to 2007
internal borrowings. There was no internal loan in 2008. In 2009 there was an internal
loan undertaken in the amount of $500,000, on which interest payments will commence
in 2010.
RegoS CS 20-10 Date: June 14, 2010
Subject: 2009 Pre-Audit Balances of Reserves and Reserve Funds Page 3
Attachments:
1. Appendix A Summary of Reserves and Reserve Funds
2. Appendix B Description of Reserves
3. Appendix C Description of Reserve Funds
Prepared By: Approved / Endorsed By:
Caryn Kong Gillis A. Paterson
Senior Financial Analyst-Capital & Director, Corporate Services & Treasurer
Debt Management
GAP: ckk
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Cit Council
Tony Pre a el, P. ng.
Chief Administrative Officer
ATTACHMENT#.,L.To REPORT#IL-2 o- I o
61
APPENDIX A
CITY OF PICKERING
SUMMARY OF RESERVES AND RESERVE FUNDS PRE-AUDIT ACTUALS
DECEMBER 31, 2009
Pre Audit Audited Audited Audited
Appendix B Summary Reserves 2009 2008 2007 2006
4610 Working Funds $400,000 $400,000 $400,000 $400,000
4611/4623 Replacement Capital 854,338 618,419 683,214 685,715
4612 Contingencies-OPG, Election, Other2 1,471,140 1,401,340 1,328,080 6,356,615
4613 Self-Insurance 2 962,707 951,391 951,391 951,391
4619 Rate Stabilization 16,565,777 17,374,935 15,491,176 6,910,981
4620 Develop. Ch a rges-City's Share 2 1,946,216 1,168,494 745,244 809,654
4621 Region Transit 2 - - 120,999 120,999
4622 Continuing Studies 2 390,315 750,534 713,821 474,484
4624 Vehicle Replacement 237,547 172,547 122,547 72,547
4625 Easement Settlement 131,279 131,279 - -
4626 Library Eastern Branch2 105,000 80,000 55,•000 30,000
4627 Move Ontario 267,033 8,243 308,243 833,243
4628 Capital Maint Mgmt System 90,000 75,000
4629 Economic Stabilization New 1,235,000
Total Reserves $24,656,352 $23,132,182 $20,919,715 $17,645,629
Pre Audit Audited Audited Audited
Appendix C Summary of Reserve Funds 2009 2008 2007 2006
4225 Community Facilities $215,350 $192,845 $180,880 $194,175
4228 Capital Works 361,338 348,583 335,486 321,618
4229 Development Charges 112 27,714,332 26,413,355 23,528,009 22,341,331
4230 Parkland 182 1,914,793 1,984,486 1,557,607 1,993,928
4232 Public Works 1,224,292 1,167,782 1,122,707 1,072,893
4234 Workers Safety Insurance Brd2 1,658,462 1,339,907 1,103,109 834,922
4235 Third Party/Dev. Contributions' 2,210,924 2,043,667 2,129,221 1,868,148
4236 Ontario Transit Renewal' - - - 19,166
4237 Doubles Squash Courts 2 1,315 92,530 119,057 78,989
4238 Prov. Dedicated Gas Tax' - - 523,014 771,076
4239 Federal Gas Tax Revenue' 3,032,702 3,084,862 2,144,076 1,455,769
4240 Building Permit Stabilization Fees 182 - -
4241 Animal Shelter2 162,553 152,896 146,195
4242 Pickering Mens' Slow Pitch 2 137,587 128,470 - -
4243 Operations Centre New - - _
Total Reserve Funds $38,633,648 $36,949,383 $32,889,361 $30,952,015
Total Reserves & Reserve Funds $63,290,000 $60,081,565 $53,809,076 $48,597,644
Notes
(Includes 4229 &
' Obligatory Reserve Funds $34,872,751 4236)
(Excludes 4229
2 Restricted Reserves & Reserve Funds 5,872,588 & 4230)
Total Obligatory' & Restricted 2 -2008 = 40,745,339
Less Budget Committed Projects (5,838,759)
Total Uncommitted Obligatory & Restricted R & RF $34,906,580
Total Reserves & Reserve Funds $63,290,000
Less Obligatory, Restricted Reserve & Reserve Funds (40,745,339)
Net-Discretionary Reserves & Reserve Funds $22,544,661
ATTACHMENT#.,~_TO REPORT# d .d6
62
APPENDIX B
RESERVE FOR WORKING FUNDS 4610
Actual Balance December 3.1, 2008 $ 400,000
Transfers into the Reserve -
Transfers out of the Reserve -
Pre-Audit Actual Balance December 31, 2009 $ 400,000
1. Purpose of this Reserve:
The reserve for working funds is used to provide operating cash to assist in
avoiding short term interest expenses incurred on operations, typically during the
first few months of the year prior to tax billing and at other times when cash
inflows and outflows do not match as occurs in any corporation.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
It is recommended as a "rule-of-thumb" that this reserve be 2% to 3% of total City
revenues. Based on average annual revenue of $45 million, at 2%, the amount to
maintain for this reserve should be $900,000.
63
APPENDIX B
RESERVE FOR REPLACEMENT OF CAPITAL EQUIPMENT - G/L 4611/4623
Actual Balance December 31, 2008 $ 618,419
Transfers into the Reserve
Revenue Fund Contribution 173,462
Sale of Land 177,000
Return to Source 15,957
Transers out of the Reserve
Transfers to Capital Fund (130,500)
Pre-Audit Actual Balance December 31, 2009 $ 854,338
1. Purpose of this Reserve:
The purpose of this reserve is to reduce the need to levy for the full cost of major
equipment in the year of acquisition. This reserve acts as a stabilization factor
and helps to avoid both tax rate fluctuations and the issuance of long-term debt
or other means of financing.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
This reserve should be kept at a level that is equivalent to the replacement cost
of the assets for which they were established. Over the last couple of years, the
reserve balance has been kept at a minimum level.
Contributions to this reserve are provided for annually in the Current Budget. In
2003, additional sub-categories were set up for accounting purposes to better
match the collection of funds to the application of these funds to particular
facilities as shown on the following page.
64
APPENDIX B
The balances pertaining to these sub-categories are as follows:
Corp Use Prgrms Pool Arena Core. Pool Arena Total
Dec 31/08 2,483 153,252 42,540 98,091 74,110 151,178 96,765 618,419
Transfers in 235,000 18,500 4,962 30,000 27,000 15,000 20,000 350,462
Returned to
source 15,567 390 15,957
Transfers out - - - (118,000) - (12,500) - (130,500)
Dec 31/09 253,050 171,752 47,502 10,091 101,110 153,678 117,155 854,338
i
65
APPENDIX B
RESERVE FOR CONTINGENCIES- G/L 4612
(OPG, Other Assessment Appeals, Election, Miscellaneous)
Actual Balance December 31, 2008 $ 1,401,340
Transfers into the Reserve
Transfers from Revenue Fund 70,000
Transfers out of the Reserve: 200
Pre-Audit Actual Balance'December 31, 2009 $ 1,471,140
•
1. Purpose of this Reserve:
Like the Capital Equipment Replacement Reserve, this reserve acts in a tax
stabilization capacity. It was established in anticipation of unknown, unusual or
extraordinary expenditures, which occur from time to time.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
In 2003, the large balances in this reserve were reviewed and grouped into sub-
categories in the general ledger, for accounting purposes only, to better
distinguish those amounts that are committed and those amounts available for
general corporate use. The sub-categories are as follows: OPG Assessment
Appeal, Elections, Other Assessment Appeals and Miscellaneous.
As at the year ended December 31, 2008, there are no longer any funds in the
Contin9encY-Ontario Power Generation (OPG) Assessment Reserve as the
assessment appeals related to the taxation years 2003-2006 have been reached
and this amount was transferred to the Rate Stabilization Reserve in 2007.
The amounts pertaining to the other sub-categories are as follows: Election -
$210,000, Other Assessment Appeals - $682,594, True Sport City Share- $3,060
and Miscellaneous - $575,486.
66
APPENDIX B
RESERVE FOR SELF INSURANCE - G/L 4613
Actual Balance December 31, 2008 $ 951,391
Transfers into the Reserve 11,316
Transfers out of the Reserve:
Transfer to Capital -
Pre-Audit Actual Balance December31, 2009 $ 962,707
1. Purpose of this Reserve:
This reserve was established as a necessary form of asset protection.
Specifically, it is to cover insurance claims resulting from the increase in
deductible levels, costs of uninsured claims and other claim related costs. The
higher deductible reduced insurance premiums. Significant savings can be
realized through reduced premium costs and staff analyzes the costs/benefits of
such actions on an annual basis.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
This reserve should be maintained at a level to ensure that the funding is
adequate to meet future liabilities. This situation is analyzed by staff on a regular
basis.
67
APPENDIX B
RESERVE FOR RATE STABILIZATION - G/L 4619
Actual Balance December 31, 2008 $ 17,374,935
Transfers into the Reserve
2009 Excess Surplus Contribution 381,180 -
Dividend from Veridian 1,722,000 2,103,180
19,478,115
Transfers out of the Reserve
2009 Current Budget Provision (2,912,338)
Pre-Audit Actual Balance December 31, 2009 $ 16,565,777
1. Purpose of this Reserve:
The purpose of this reserve is to act as a tax rate stabilization factor for annual
current budget funding.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
The fund balance should be maintained at a level of 3 to 5 per cent of tax
revenues to provide tax rate stabilization for annual current budgeting purposes.
The 2009 Current Budget provided for a transfer in the amount of $2,912,338
from this. reserve to fund current expenditures.
With the settlement of OPG assessment appeal in 2007, dividends from Veridian
~
and surplus in 2009; there is sufficient built-up of funds to draw from this reserve
for future budgeting years. In 2010, there is a budgeted draw of $2.9 million and
further draws anticipated in 2011 and after.
68
APPENDIX B
RESERVE FOR DEVELOPMENT CHARGES - CITY SHARE G/L 4620
Actual Balance December 31, 2008 $ 1,168,494
Transfers into the Reserve
2009 Excess Surplus Contribution 1,369,420
Returned to source 122,667
2,660,581
Transfers out of the Reserve
Transfer to Capital Fund
-External Subdivision Works (714,365)
Pre-Audit Actual Balance December 31, 2009 $ 1,946,216
1. Purpose of this Reserve:
This reserve has been established to set aside funds for projected growth in the
City. From the 1999 and the 2004 Development Charges Studies it was
approved that a reserve be established for the City's share (i.e. the non_
development charge portion) of the costs of services included in the
Development Charges Study and that contributions be included in the annual
Current Budget for consideration by Council. For the City to meet its obligations
for the various capital projects, an annual contribution of $2.4 million is required.
The interest incomes on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
Funds continue to be budgeted in the Current Budget to build-up this reserve to
fund future capital growth of the City. The draws in the current year were to
finance External Subdivision Works. This reserve should be maintained at a level
to ensure that the funding is adequate to meet future capital growth in the City.
69
APPENDIX B
I RESERVE FOR CONTINUING STUDIES & CONSULTING - G/L 4622
i
Actual Balance December 31, 2008 $ _ 75_ 0,5
Transfers into the Reserve
Continuing Consulting Work or Studies 131,130
Transfers out of the Reserve (491,349
Pre-Audit Actual Balance December 31, 2009 f $ 390,315
1
1. Purpose of this Reserve:
This reserve was established to capture any unspent annual Current Budget
provisions related to consulting, continuing studies, professional and legal fees.
Under Generally Accepted Accounting Principles, the approval to expend funds
for these efforts ceases at year-end, however work may continue beyond that
date. The establishment of this fund enables the transfer of unspent funds into
future year and accommodates this frequent timing difference between the
approval and the expenditure.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels. Funds transferred to this
reserve will be used to fund the balance of the expenditures still to be incurred for
incomplete studies or consulting contracts.
Expenditures incurred in 2009 in the amount of $491,349 pertained to consulting
work that was transferred into the reserve in the prior year. An additional amount
of $131,130 has been transferred-in for future work.
I
70
APPENDIX B
F -
RESERVE FOR VEHICLE REPLACEMENT - G/L 4624
-
Actual Balance December 31, 2008 I $ 172,547
Transfers into the Reserve 50,000
=Returned to source 15,000
Transfers out of the Reserve to Capital Fund
6
Pre-Audit Actual Balance December 31, 2009 $ 237,547
1. Purpose of this Reserve:
This reserve was newly established in 2004 to begin building up funds to finance
the cost of replacing the City's aging fleet.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels. Funds transferred to this
reserve will be committed to fund the purchase of new vehicles.
I
71
APPENDIX B
( RESERVE - EASEMENT SETTLEMENT - G/L 4625
r Actual Balance December 31, 2008 $ 131,279
Transfers into the Reserve:
Projects returned to source -
Transfers out of the Reserve -
Pre-Audit Actual Balance December 31, 2009 i $ 131,279
1. Purpose of this Reserve:
This reserve was established in 2005 due to funds received from easement
settlement in February 2005. The amount collected was $2.5 million. These
funds will be used to finance both the capital and operating expenditures of the
City.
The interest income on these funds forms part of the annual Current Budget General
Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels. Whenever funds are
received due to easement settlement, this reserve will be credited accordingly.
Budgeted draws to fund City's expenditures will be dependent on the revenues
collected. Due to the budgeted draws in both 2005 and 2006, the funds originally
received in 2005 have been completely depleted as at the year ended December
31, 2006. The funds available as at the year ended December 31, 2009 are the
results of under-ages from 2005 and 2006 completed projects.
i
72
APPENDIX B
RESERVE - PROVISION FOR EASTERN BRANCH LIBRARY - G/L 4626
Actual Balance December 31, 2008 $ 80,000
Transfers into the Reserve 25,000
Transfers out of the Reserve -
Pre-Audit Actual Balance December 31, 2009 $ 105,000
1. Purpose of this Reserve:
This reserve was established in 2005 to begin building up funds for a new library
at the eastern part of Pickering. This provision may be used to fund the new
facility, capital cost, resource materials and any other related costs.
The interest income on this account forms part of the annual Current Budget General
Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels. In 2002, the Board of the
Library requested $10,000 under the Capital Budget for the "Provision for
Eastern Branch". A similar request was made in both 2005 and 2006. It is the
intention of the Board of the Library to annually request for this provision to
continue building up funds for the proposed new facility. To reflect this intention,
effective 2006 Budget year, the provision has been done by a "Transfer to
Reserve for the Provision for Eastern Branch". In 2007, the annual provision has
been increased to $25,000. The same amount was provided for in both 2008 and
2009.
73
APPENDIX B
RESERVE - MOVE ONTARIO - G/L 4627
Actual Balance December 31, 2008 $ 8,243
Returned to source-completed projects 495,085
Transfers out of the Reserve
Capital Expenditures -Roads (236,295)
Pre-Audit Actual Balance December 31, 2009 $ 267,033
1. Purpose of this Reserve:
This reserve was established in 2006 to capture the one-time funding received
on March 20, 2006 from the Ontario government, the Ministry of Transportation.
The Ontario government is providing a one-time investment to help municipalities
primarily outside the GTA, with specific emphasis on rural and northern
municipalities and to invest in municipal roads and bridges. Municipalities will
determine their own roads and bridges priorities.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels.
74
APPENDIX B
RESERVE - CAPITAL MAINTENANCE MGMT SYSTEM - G/L 4628
Actual Balance December 31, 2008 $ 75,000
Contribution from Revenue Fund 75,000
Transfers out of the Reserve
Capital Expenditures (60,000)
Pre-Audit Actual Balance December 31, 2009 $ 90,000
1. Purpose of this Reserve:
This reserve was newly established in 2008 to start building-up funds for capital
maintenance and management systems. Amount build-up will provide funds to
assist in meeting mandatory Public Sector Accounting (PSAB) requirements and
future capital asset management initiatives.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels. In 2008 there was a
budgeted transfer of $75,000 from the Current Budget. In 2009, there was a
provision of $75,000 for a new telephone system.
75
APPENDIX B
RESERVE - ECONOMIC STABILIZATION - G/L 4629 (New)
Actual Balance December 31, 2008 $ -
640,000
I Dividend from Veridian 1,
I
f 4 " Transfers to Revenue Fund (405,000
I Pre-Audit Actual Balance December 31, 2009 $ 1,235,000
1. Purpose of this Reserve:
This reserve was newly established in 2009 to place a special dividend approved
by Veridian. Report to Council CS15-09 provides background information on the
establishment of this reserve. The special dividend will be used to assist the
City's budget process during the next few years. For the 2009 budget, $405,000
has been drawn from this reserve to reach the proposed tax increase of 3.53%.
The current fiscal strategy is, to draw $405,000 for the next four years (2009-
2012) to partially offset loss of income related to the recession.
The interest income on this account forms part of the annual Current Budget
General Government Revenue.
2. Recommended Maintenance Levels of this Reserve:
There would be no recommended maintenance levels.
6 ATTACHMENT #-3-TO REPORT#-LLa 0 / J
APPENDIX C
RESERVE FUND FOR COMMUNITY FACILITIES - G/L 4225
Actual Balance December 31, 2008 $ 192,845
Transfers into the Reserve Fund
Returned to source 15,447
Interest Earned on External Investments 7,058 22,505
Transfers out of the Reserve Fund
Transfer to Capital Fund - -
Pre-Audit Actual Balance December 31, 2009 $ 215,350
1. Purpose of this Reserve Fund:
I
This is a "discretionary" reserve fund established by Council to attempt to avoid
both tax rate fluctuations and the need for issuing long term debt for major
expenditures required for community facilities.
The interest income on this reserve fund forms part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
The balances in this fund have fluctuated from the high in 1998 of $773,483 to
the low in 2001 of $69,102. Other than interest income earned, there has been
no transfer to this reserve fund in the last six years.
Expenditures are transferred out of reserve funds only when incurred. The value
of the unspent budget commitments as at December 31, 2009 is $164,148.
Taking these commitments into consideration, the uncommitted balance of funds
available is $51,202. Additional amounts must be provided to this fund.
77,
APPENDIX C
RESERVE FUND FOR CAPITAL WORKS - G/L 4228
Actual Balance December 31, 2008 $ 348,583
Transfers into the Reserve Fund
Interest Earned on External Investments 12,755
Transfers out of the Reserve Fund -
Pre-Audit Actual Balance December 31, 2009 $ 361,338
1. Purpose of this Reserve Fund:
i
This Fund is a "discretionary" one and was established pursuant to section
417(1) (2) of the Municipal Act, 2001 for specified purposes by Council related to
the acquisition of assets.
The interest income on this reserve fund forms part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
Between the years of 1998 to 2000, the balances have been maintained at
$600,000 to $800,000. There has been no major contribution to this reserve fund
in the past eight years. There is no unspent budget commitment for this reserve
fund. Major add itional.contributions will be required in future years.
I
78
APPENDIX C
RESERVE FUND FOR DEVELOPMENT CHARGES - GIL 4229
Actual Balance December 31, 2008 $ 26,413,355
Transfers into the Reserve Fund:
Net Developer Contributions $ 1,104,861
Returned to source 13,385
Interest Earned on External Investments 880,416
Interest Earned on Internal Loans 100,929 2,099,591
Transfers out of the Reserve Fund:
Transfer to Current Fund-Studies (82,327)
Transfer to Capital Fund:
Parks (12,841)
Ext. Subdiv- Roads & Related (703,446) (716,287)
Pre-Audit Actual Balance December 31, 2009 $ 27,714,332
1. Purpose of this Reserve Fund:
This is an "obligatory" reserve fund and as such is governed by Municipal Act
2001, Development Charges Act, 1997, Ontario Regulation 82198, City By-law or
agreement and requires revenue received for the special purposes to be
segregated from the general revenues of the municipality. Obligatory reserve
funds must be created whenever a statute requires revenue received for a
special purpose to be segregated from the general revenues of the municipality
and the revenue is to be used solely for the purpose prescribed by statute, i.e. in
this case the monies charged to developers must be held and used to fund
capital services and related background studies required for new growth.
The interest incomes on these funds form part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
In accordance with development charge legislation, all development charge ,
revenues must be held within separate Reserve Funds and can only be used for
the financing of growth-related projects. As such, no reserve fund limits are
appropriate for the Development Charge Reserve Funds because they are tied to
growth-related capital requirements.
This reserve fund has an unspent budget commitment of $3,442,897. The pre-
audit actual balance of $27,714,332 would be reduced by this amount to reflect
an uncommitted balance of funds available for future expenditures of
$24,271,435.
79
APPENDIX C
RESERVE FUND FOR PARKLAND - G/L 4230
Actual Balance December 31, 2008 $ 1,984,486
Transfers into the Reserve Fund:
Developers Contributions $ 39,473
Interest Earned on External Investments 66,434
Interest Earned on Internal Loans 6,132 112,039
Transfers out of the Reserve Fund:
Transfer to Capital Fund-Parks:
Duffin Trails (54,456)
Waterfront Trail-Park Crescent (9,750)
Playground Equipment & Construction (63,487)
Parks Signage (24,039)
Parks- Trees (30,000) (181,732)
Pre-Audit Actual Balance December 31, 2009 $ 1,914,793
1. Purpose of this Reserve Fund:
This is an "obligatory" reserve fund and it was established pursuant to section
417(1)(2) of the Municipal Act, 2001 as required by subsections 42(1), (5), (6),
(7), (8) and (9) of the Planning Act. This fund is governed by legislation,
regulation or agreement and requires revenues received for the special purposes
to be segregated from the general revenues of the municipality. Obligatory
reserve funds must be created whenever a statute requires revenues for a
special purpose to be segregated from the general revenues of the municipality
and the revenue is to be used solely for the purpose prescribed by statute.
The interest incomes on these funds form part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
Due to the obligatory nature of this fund, there are no limits on this fund. The
unspent budget commitments for the year ended 2009 are $71,254. The pre-
audit balance of $1,914,793 after taking into account the unspent budget
commitments will provide an uncommitted balance available of $1,843,539 as at
December 31, 2009.
80
APPENDIX C
RESERVE FUND FOR PUBLIC WORKS - G/L 4232
i
Actual Balance December 31, 2008 $ 1,167,782
Transfers into the Reserve Fund
Third Party Contributions $ 11,289
Returned to source -
Interest Earned on External Investments 45,221 56,510
Transfers out of the Reserve Fund
Pre-Audit Actual Balance December 31, 2009 $ 1,224,292
1. Purpose of this Reserve Fund:
This fund was established by Council pursuant to section 417(1) (2) of the
Municipal Act, 2001. The purpose of the reserve fund is to acquire fixed assets,
to fund capital works related to public property, without the need to fund on a
long-term nature through the issue of debentures. The main purpose at this time
is to fund the City's share of the cost of subdivision works committed to under
various subdivision agreements.
The interest incomes on these funds form part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
The "average" annual balance of this fund over the last four years has been
approximately $1 million. This reserve fund should be kept at least at this level in
the future. Staff will periodically review the need for this level with the
requirements contained in the capital budget and four year program and report
any different findings to Council.
There is no unspent budget commitment for this reserve fund. The uncommitted
balance of funds available as at December 31, 2009 is $1,224,292.
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APPENDIX C
RESERVE FUND FOR WORKERS SAFETY INSURANCE BOARD - GIL 4234
Actual Balance December 31, 2008 $ 1,339,907
Transfers into the Reserve Fund
Contribution from Current Fund $ 505,000
Interest Earned on External Investments 55,768 560,768
Transfers out of the Reserve Fund
Claims and Other Related Costs $ (77,016)
Funding Insurance Costs (143,197)
Contribution to Health & Safety Training (22,000) (242,213)
Pre-Audit Actual Balance December 31, 2009 $ 1,658,462
1. Purpose of this Reserve Fund:
This reserve fund has been established to provide for the annual costs of
insurance coverage, contributions towards the health and safety program, and
the payment of claims and other related costs now that the City is a Schedule 2
employer. This reserve fund was created in 2001 further to the recommendation
passed in Council Resolution#127/01 and in compliance with Workplace Safety &
Insurance Act.
The interest incomes on these funds form part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
Starting from 2004 and continuing to 2009, the contributions were more than
double the claims experience for the year, resulting to a built-up in the balance of
the reserve fund.
As Schedule 2 operates on the self-insured principle, any anticipated savings
between contributions and claims experience will be transferred to this Reserve
Fund to build-up the fund balance in the event of any catastrophic claim-related
costs, which may occur. The average'annual built-up of approximately $236,923
from 2003 to 2009 has resulted to the 2009 year-end balance of $1,658,462.
82
APPENDIX C
THIRD PARTY/DEVELOPERS CONTRIBUTIONS RESERVE FUND - G/L 4235
Actual Balance December 31, 2008 $ 2,043,667
Transfers into the Reserve Fund
Contributions from Developers/Third Parties $ 261,893
Interest Earned on External Investments 77,430 339,323
Transfers out of the Reserve Fund -
Current Expenditures-Consulting fees -
Capital Expenditures:
Parks, Trees Sunbird Trail (1,635)
Ext Subdivision Works-Sideline 4 (135,099)
Development Control-St Martin/Bayly (32,000)
Development Control-Chieftan Development (3,332) (172,066)
Pre-Audit Actual Balance December 31, 2009 $ 2,210,924
1. Purpose of this Reserve Fund:
This reserve fund was established by Council pursuant to Section 417(1) of the
Municipal Act, 2001. The purpose of this reserve fund is to capture contributions
from developers or third parties per development agreements and any cost
sharing arrangements for future capital projects.
Due to the externally restricted contributions, this reserve fund is treated as
obligatory. The collections are committed for specific purposes and not available
for general use. Unless specified, the City is under no obligation to pay interest
to any developers or third parties.
The interest incomes on these funds form part of the reserve fund as per the
Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund
No reserve fund limits are appropriate for this fund as collection and commitment
of funds are dependent upon development agreements or cost sharing
arrangements.
i
83
APPENDIX C
SQUASH COURTS RESERVE FUND - G/L 4237
Actual Balance December 31, 2008 $ 92,530
Transfers into the Reserve Fund
Surcharge on Memberships 10,459
Contribution from Pickering Squash Club 32,046
Interest on External Investments 3,924 46,429
Transfers out of the Reserve Fund -
Recreation Centre Expansion & Squash Courts (137,644)
Pre-Audit Actual Balance December 31, 2009 $ 1,315
1. Purpose of this Reserve Fund:
This reserve fund was established to capture funds from Pickering Squash
Club memberships' surcharges, corporate sponsorships, third party
contribution and any such funds as the Council may approve. This reserve
fund shall be used for the purpose of paying expenses related to the
provision of double squash courts. This reserve fund was newly created in
2003 further to the recommendation passed in Council Resolution #79/03,
Item 5 per Report to Council CS 40-03.
The interest incomes on these funds form part of the reserve fund as per,
the Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
No reserve fund limits are appropriate for this fund. The majority of the
funds received as at the year ended 2009 have been used to fund the
construction of the doubles squash courts at the Pickering Recreation
Complex. The construction of the double squash courts were completed in
September 2009.
i
84
APPENDIX C
FEDERAL DEDICATED GAS TAX RESERVE FUND - G/L 4239
Actual Balance December 31, 2008 $ 3,084,862
Transfers into the Reserve Fund
Returned to source -
Federal Contribution (through AMO) 2,840,502
Interest on External Investments 152,494 2,992,996
Transfers out of the Reserve Fund -
Capital Expenditures in the following cost centres/projects:
Civic Complex-Humidification Sys. & Computer Rm (167,401)
Dunbarton Indoor Pool (1,033,328)
Don Beer Arena-Rehabilitation (18,359)
Recreation Complex-Air Handling Unit & Backup Boiler (94,753)
Recreation Complex Expansion (1,031,087)
Parks-Western Gateway (328,605)
Roads-Toy Avenue (152,318)
Storm Water Mgmt-Claremont Wellington St (95,539)
Streetlights-LED Traffic Signals (34,918)
Library-Roof Replacment Central Library (88,848) (3,045,156)
Pre-Audit Actual Balance December 31, 2009 $ 3,032,702
1. Purpose of this Reserve Fund:
This reserve fund was established in 2005 to capture the transfer of gas
tax revenues from the Government of Canada through the Association of
Municipalities of Ontario under the New Deal for Cities and Communities
(Canada-Ontario-AMO-Toronto Agreement). The Council had approved
under Report to Council CS 92-05, the establishment of this reserve fund
under By-law 6609/05 and Resolution 219/05. This program is not
application based and does not require matching funding. Municipalities
are allowed to invest in environmental sustainable infrastructure in
programs such as public transit, storm water system, local roads and
bridges. It comes with the expectation that the investments will see
Ontarians enjoying cleaner air, cleaner water and reduced greenhouse
gas emissions.
The original 2005 Canada-Ontario-AMO-Toronto Agreement was
amended on September 3, 2008 in order to extend the municipalities Gas
Tax Fund allocations to 2014.
85
Report to Council CS 06-10 provides detailed background information on
the Amending Agreement and By-Law 7030/10 authorized the execution
of an Amending Municipal Funding Agreement for the Transfer of Federal
Gas Tax Revenues.
The interest incomes on these funds form part of the reserve fund as per
the Municipal Act, 2001 section 417(1).
2. Recommended Maintenance Levels of this Reserve Fund:
No reserve fund limits are appropriate for this fund.
The following table represents the schedule of payments under the 2005
Municipal Funding Agreement:
Year Jul November
2005 $ 849,577.58
2006 $424,788.79 424,788.79
2007 566,321.81 566,321.82
2008 707,854.83 707,854.84
2009 1,415,709.67 1,415,709.67
Total $7,078,927.80
The following table represents the schedule of payments over the life of
the Amending Agreement:
Year July November
2010 $1,347,215.33 $1,347,215.33
2011 $1,347,215.33 $1,347,215.33
2012 $1,347,215.33 $1,347,215.33
2013 $1,347,215.33 $1,347,215.33
Total $10,777,722.64
J
86
APPENDIX C
I
ANNUAL REPORT - BUILDING PERMIT FEES
for the year ended December 31, 2009
Building Permit Revenue $ 668,764
Costs
Direct Costs (1,146,126)
Indirect Costs (221,252) (1,367,378)
Excess/(Deficit) Revenue over Costs $ (698,614)
BUILDING PERMIT STABILIZATION RESERVE FUND -GL 4240
Opening Balance, Jan. 1, 2009 $ -
2009 Contribution
Closing Balance, Dec. 31, 2009 $ -
1. Purpose of this Reserve Fund:
This reserve fund was officially established in 2006 based on By-Law
6651/06 and Report to Executive Committee PD 41-05.
The need for the establishment of this reserve fund arises as a result of
the significant changes to the building regulatory system in Ontario with
the introduction of the Building Code Statute Law Amendment Act, 2002
(known as Bill 124) and associated amendments to the Ontario Building
Code. The purpose of this fund is to secure funding to provide for service
delivery stabilization during an economic downturn. The source of funds
will be the annual portion of building code permit fees after related direct
and indirect costs are netted.
The interest incomes on these funds form part of the reserve fund as per
the Municipal Act, 2001 section 417(3).
87
2. Recommended Maintenance Levels of this Reserve Fund:
Given the rationale for creating a fee stabilization reserve fund, the
targeted reserve fund balance should reflect the reduction in permits
witnessed during the last recession when compared to the long-run
development average - acknowledging the City's responsibility to manage
a portion of the costs associated with an economic downturn. Based on
the modeled activity based direct costs conducted by CN Watson; the
appropriate balance to maintain is proposed at $1.16 million, expected to
be achievable within a target of seven accumulated years.
As at the year ended 2009, this reserve fund remains at a zero balance.
This is due to expenses exceeding building permit fee revenues; therefore,
there was no transfer to the Building Permit Stabilization Reserve Fund.
The Building Code Act, section 7(4) requires an annual reporting of this
reserve fund, on which Report to Executive Committee CS 16-10 provided
detailed information on the 2009 reporting year.
i
88
APPENDIX C
ANIMAL SHELTER RESERVE FUND - G/L 4241
Actual Balance December 31, 2008 $ 152,896
Transfers into the Reserve Fund
Donations 4,512
Interest on External Investments 5,145 9,657
Transfers out of the Reserve Fund -
Pre-Audit Actual Balance, December 31, 2009 $ 162,553
1. Purpose of this Reserve Fund:
This reserve fund was established in 2007 based on By-law 6749/07,
Report to Council CS 16-07, Recommendation 9. This reserve fund was
established to record the City's share of the proceeds resulting from the
dissolution and disposition of the assets of Pickering, Ajax, Whitby Animal
Services (PAW). With the establishment of this reserve fund, financial
resources received and provided can be used to construct a permanent
animal shelter.
The interest incomes on these funds form part of the reserve fund as per
the Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
No reserve fund limits are appropriate for this fund. The main contribution
to this reserve fund was the proceeds of $144,433 from PAW in 2007. The
balance of funds is from donations and interest income earned.
89,
APPENDIX C
PICKERING MEN'S SLOW PITCH RESERVE FUND - G/L 4242
Actual Balance December 31, 2008. $ 128,470
Transfers into the Reserve Fund .
Contribution from Men's Slow Pitch League -
Interest Income 9,117 9,117
Transfers out of the Reserve Fund -
Pre-Audit Actual Balance December 31, 2009 $ 137,587
1. Purpose of this Reserve Fund:
This reserve fund was established at the end of 2007 based on By-Law
6822/07, Report to Council CS 58-07. This reserve fund was established
to receive donations from the Pickering Men's Slow Pitch League, for
safekeeping of donated funds and further application of funds towards a
major softball facility. Report to Council OES 43-07 provides detailed
information on the memorandum of understanding between the City and
the Pickering Men's Slow Pitch League.
The interest incomes on these funds form part of the reserve fund as per
the Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
No reserve fund limits are appropriate for this fund. In 2008, the City
received the financial contribution of $125,000 from the Pickering Men's
Slow Pitch League.
1
90
APPENDIX C
OPERATIONS CENTRE RESERVE FUND-G/L 4243 (New)
Actual Balance December 31, 2008 $ -
Transfers into the Reserve Fund
Interest on External Investments -
Transfers out of the Reserve Fund -
Pre-Audit Actual Balance December 31, 2009 $ -
1. Purpose of this Reserve Fund:
This reserve fund was established to deposit net proceeds from the sale of
land in the area known as Duffin Heights and other funds as may be
approved by Council. The net proceeds will be used to finance costs
associated with the establishment of the new Operations Centre. These
include costs for disposal and acquisition of land, legal fees, surveys, soil
testing, engineering design, construction costs, debt charges and, if
available any equipment and furniture required for the facility.
This reserve fund was established in 2009 under Report to Council CS 15-
09 Recommendation 9 a) and as approved by By-Law No. 6954/09.
The interest incomes on these funds form part of the reserve fund as per
the Municipal Act, 2001 section 417(3).
2. Recommended Maintenance Levels of this Reserve Fund:
No reserve fund limits are appropriate for this fund.
For the year-ended 2009, there was no transactions, this reserve fund
balance remains at zero.
City Report To
Executive Committee
PICKERING Report Number: CS-21-10
Date: June 14, 2010 9 1
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: 2010/2011 Property and Liability Insurance Renewal
Recommendation:
1. That Report CS 21-10 of the Director, Corporate Services & Treasurer be
received;
2. That the City of Pickering renew its property, liability and other coverages
through the Frank Cowan Company for the period July 1, 2010 to June 30, 2011
inclusive on terms and conditions acceptable to the Director, Corporate Services
& Treasurer;
3. That the Director, Corporate Services & Treasurer, as part of the Risk
Management Program, be authorized to continue the Reimbursable Deductible
Program through the Insurance Adjuster and the Frank Cowan Company and
further, that the Director be authorized to settle any claims including any
adjusting and legal fees where it is in the City's interest to do so;
4. That the Director, Corporate Services & Treasurer be authorized to purchase
additional insurance, make changes to deductibles and existing coverages, and
alter terms and conditions as becomes desirable or necessary in order to limit
potential liability exposure and to protect the assets of the City and it's elected
officials and staff; and,
5. That the appropriate officials be authorized to take the necessary actions to give
effect thereto.
Executive Summary: The City's insurance program continues to operate
successfully and the above recommendations provide for a renewal of the policies
basically on the same or improved terms and conditions in the past years which also
provides coverage for the Library, its Board and its employees.
Report CS 21-10 June 14, 2010
Subject: 2010/2011 Property and Liability Insurance Renewal Page 2
92
Financial Implications: The premium renewal cost has been provided for in the
various cost centers through the approval of the 2010 budget by Council and the
renewal premium cost is within the 2010 budgeted amount.
Sustainability Implications: Insurance renewal provides the City with financial
security and is therefore better able to maintain financial sustainability.
Background: Each year on July 1, the City's general liability and property insurance
policies come up for renewal. As approved by Council at the time of the 1998 renewal,
the Treasurer undertook an extensive review of all aspects of the City's insurance
program. The City of Pickering embarked in a Risk Management Program, the initial
phase of which involved negotiating renewing premiums with the City's broker. The
result of the negotiations was a decrease of approximately $75,000 or 20 percent, in
the premiums from that of the prior year. The savings were transferred to the Self
Insurance Reserve. In our opinion, this program has served the city well, and today
there is almost $1 million in this reserve.
Recommendation 4 provides the Treasurer with the authority to continue to review and
adjust insurance coverages where appropriate during the year to reflect business
requirements and current market and business environment conditions.
Insurance Market and Trends
The current liability and property insurance market remains steady for most standard
lines of insurance business with municipal insurance experiencing an above average
increase.
The Court awarded damages are getting larger especially for bodily injury claims.
These awards are primarily driven by the costs of providing future care for injured
persons. As the severity of awards increases, so does the exposure to municipalities
as they are often viewed as having "deep pockets".
Municipal property liability premiums continue to increase as a result of the legal
provision of the joint and several liability application leveraged with large court awards
and with the municipality as being seen as having "deep pockets". The joint and
several provisions of the Negligence Act, indicate, "Where damages have been caused
or contributed to by the fault or neglect of two or more persons and, where two or
more persons are found at fault or negligent, they are jointly and severally liable to the
person suffering the loss\or damage Also known as the 1% rule, the joint and
several provisions may oblige a defendant, which is only 1 % at fault, to pay the
plaintiff's entire judgment particularly in cases where the other defendants are financial
unable. In other words the defendant who is 99% at fault does not have the financial
strength or assets to pay the claim. Therefore, the municipality, who is viewed as
having "deep pockets", pays the remainder of the claim.
Report CS 21-10 June 14, 2010
Subject: 2010/2011 Property and Liability Insurance Renewal Page 3 93
The City also experienced a continued increase in claim costs. Individual claims are
becoming more complex resulting in more time to manage the claim, more detailed
investigation and more experts and legal costs involved in defending the claim. Even if
the City is not liable there are always costs in defending the claim.
Basic risk management states that you should diversify your risk. Many insurance
companies have customers throughout the Province or Canada to diversity the risk
associated with a local catastrophic event. With the City of Pickering being a direct
customer of the Frank Cowan Company (who has customers throughout the Province
and beyond) the geographical risk diversification is achieved and maintained.
Service to our Residents
Regrettably, insurance claims or incidents do occur. A key strategic advantage of the
City's insurance and risk management program is that every claim is processed with a
customer service attitude. After a claim or incident is received, City staff quickly contact
(within 24 hours) the claimant, to advise them that the City has received the claim and
to ensure them that the claim is being investigated by the City's Insurance Adjuster.
The City's Insurance Adjuster has many years of local municipal insurance experience
which the City uses as an asset to investigate and settle claims. The City's Insurance
Adjuster is familiar with the City and its municipal infrastructure and this experience has
assisted in reducing claims cost due to his knowledge and or his familiarity with the City,
its policies and procedures. The Insurance Adjuster's service standard is to make
contact with the claimant within two business days. Sometimes, the claimants may not
completely agree with the outcome and City staff may review the claim and/or to
intervene to work towards a solution. The strategic advantage of the "local service
delivery model" is that claims are handled quickly professionally and with a customer
service perspective. In addition, the current "local" service delivery model allows City
staff "hands on" participation in the claims process to better serve claimants who, in the
majority of situations are City residents.
Attachments:
1. Program Summary of Insurance Coverage
Prepared By: Approved / Endorsed By:
Stan Karwowski Gillis A. Paterson
Manager, Finance & Taxation Director, Corporate Services & Treasurer
SK:vw
I
Report CS 21-10 June 14, 2010
Subject: 2010/2011 Property and Liability Insurance Renewal Page 4
94
Recommended for the consideration of
Pickering ' y Coun 'I
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT #-j-T0 REPORT #4a.a I r F
95
Cowan
Frank Cowan Company
2010
MUNICIPAL INSURANCE PROGRAM
CORPORATION OF THE CITY OF PICKERING
Prepared by: Mr. Viano Ciaglia, C.I.P., C.R.M.
Regional Manager
Frank Cowan Company Limited
4 Cowan Street East
Princeton, ON NOJ 1 VO
This is a summary. Nothing herein alters the terms, conditions and viano.ciaglia@frankcowan.com
exclusions contained in the printed insurance contract(s). 1-800-265-4000
REF: 60275/sh
April 20, 2010 T/519-458-4331
F/519-458-4366
96
About Frank Cowan Company
Leader in Public Entity Insurance
Frank Cowan Company has grown to become one of Canada's leading providers of Insurance and
Risk Management solutions for public entities. For over 80 years Frank Cowan Company has been
a pioneer in the development and implementation of innovative insurance programs for the
Municipal, Health Care, Education and Social Services sectors.
Frank Cowan Company is affiliated with Cowan Insurance Group, The Guarantee Company of
North America and Millennium CreditRisk Management through common ownership under
Princeton Holdings Limited.
Cowan Insurance Group provides insurance and risk management products and services to
businesses, organizations, and individuals. Cowan Insurance Group is one of the largest
privately owned business and personal insurance brokerage operations in Canada, and provides
retirement and group benefits assistance to employers, as well as financial advice on life
insurance, disability management, critical illness and long term care. The Guarantee Company of
North America specializes in commercial and contract surety, fidelity, directors' and officers'
liability and personal lines insurance including it's high value Guarantee Gold coverage.
Millennium CreditRisk Management specializes in trade credit and political risk insurance.
Outstanding Service
We are more than just an insurance provider. We are a trusted partner in providing insurance and
risk management services. We work with our clients and their affiliated associations to develop
individualized risk management and claims management programs, advise on procedural or
regulatory change as well as an array of other. services. Our mandate is clear ...help our clients
reduce risk.
Clients also benefit from our affiliations with lawyers, adjusters and others that specialize in the
public sector. The combination of our service -network and internal expertise. allow us to
continually develop innovative, cost-effective solutions and services tailored to the risks of
individual clients.
Financial Stability
Frank Cowan Company, as an Underwriting Agent, represents a select group of financially strong
Canadian based insurers that have made a long-term commitment to public sector risk. Our
business model creates a very stable market for your insurance requirements, and gives our
customers the comfort of knowing that they will always be protected by long-term, high-quality
continuous service.
Frank Cowan Company
-2-
97
Cowan Service Solutions
More Than Just Insurance
Cowan offers a full range of services to assist in the management and reduction of risk, which is
equally vital to our clients. Risk Management, Claims Management and our other value-added
services were initiated by Cowan and have evolved throughout our history. Most often we can
provide the services listed below at no additional cost to the client.
Liability Hazard Assessment tip- Our Municipal clients are involved in a wide range of
diverse activities to serve the public. These lead to various
potential public liability situations. We work with our
clients to provide specific hazard identification and
analysis of these exposures.
Building Valuations ACP We conduct periodic detailed inspections of property and
buildings with formal reports, replacement cost valuations
for insurance purposes, photographic inventory with
recommendations to correct potential hazards.
Seminars & Staff Training 40. We deliver a wide range of presentations to our Municipal
clients on an ongoing basis that provide continuous
education for our clients.
Risk Audits a* We help our clients audit systems and processes to reduce
potential losses within their operations and specifically
focus on documentation, reporting and consistency with
accepted standards and practices.
Contractual Review A-0- Our experience contributes insight on the suitability and
effectiveness of liability transfers and appropriate
insurance and indemnity clauses within' your various
contracts.
Publications, Bulletins & Because constant two-way communication is important,
Information Packages our website is available on a 24 hour basis for access to
information on our Services, Publications and programs.
Anyone in your organization can visit us at
www.frankeowan.com to keep informed of common
issues and solutions.
Claims Management rt~- We handle your claim fairly and efficiently. Claims that
are made against you are handled with the consistent
strategy of defending or discouraging those claims that are
without merit, or reaching a reasonable settlement on
claims that do merit payment. Detailed claims progress
reports are produced and can be organized by type of loss
or department to suit your needs.
Frank Cowan Company
-3-
98
MARKETPLACE CONDITIONS
The Canadian Property & Casualty Insurance marketplace continues to witness consolidation yet
remains one of the most saturated insurance markets in the world, with over. 200 players.
However, amongst the majority of the insurers operating in Canada, specialization continues to be
the trend. Only a limited number of insurers are willing to risk their capital on high liability
exposure classes such as Municipal, Healthcare, Education and Social Services sectors. While the
last few years have brought some stability for the general Property & Casualty market, specialty
classes continue to present unique Underwriting and Claims Management challenges.
The Public Entity sector continues to experience significant losses. Some of these losses have
been driven. by landmark cases, but overall, frequency. and severityof claims have increased
dramatically. As well, the overall cost of claims, which takes into account escalating court
awards, claims administration expenses and the ever-increasing replacement costs of assets, has
continued to rise. Insurers and Reinsurers are extremely cautious about public entity liability
exposures due in part to the complexity of services provided by public sector organizations.
A number of insurers have either imposed coverage restrictions or withdrawn from the public
entity market entirely. Frank Cowan Company, a specialist in public entity insurance, continues
to receive the support and capacity of our insurers. We continue to provide long-term stability for
the insurance and risk management needs of our public entity clientele. Our policies and services
continue to evolve in response to the exposures faced by our clients.
We are confident that our product, service and pricing will reflect our continued commitment to
this sector.
Frank Cowan Company
-4-
99
COMPREHENSIVE INSURANCE
PROGRAM
2010-2011
Frank Cowan Company
-5-
100
PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
.
PART 'A - CASUALTY
Municipal Liability
Limit of Protection per occurrence $ 25,000,000.
(No Annual Aggregate Limit)
Third Party Claims Deductible including expenses $ 50,000.
Sewer Backup per Claimant Deductible including expenses $ 50,000..
Wrongful Dismissal (legal expense) Limit per claim $ 250,000.
Annual Aggregate Limit $ 250,000.
Deductible $ 5,000.
Voluntary Compensation Included
Municipal Marina Liability Included
Malpractice Liability Included
Errors and Omissions (Claims Made Form)
Limit of Protection per claim $ 25,000,000.
(No Annual Aggregate Limit)
Deductible including expenses $ 50,000.
Non-Owned Automobile
Limit of Protection per occurrence $ 25,000,000.
(No Annual Aggregate Limit)
Legal Liability for Non-Owned Vehicles (S.E.F. No. 94)
Third Party Liability Deductible $ 10,000.
All Perils Physical Damage Limit $ 500,000.
Deductible $ 500.
Environmental Liability (Claims Made Form)
Liability of Protection per claim $ 1,000,000.
Annual Aggregate Limit $ 2,000,000.
Self-Insured Retention $ 50,000.
Frank Cowan Company
-6-
101
PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
Comprehensive Crime
Commercial Blanket Bond $ 2,000,000.
Money Orders and Counterfeit Paper Currency Included
Depositors' Forgery Included
Audit Expense $ 100,000.
Money and Securities - Blanket any Location $ 100,000..
Excess on Securities $ 100,000.
Computer Fraud or Funds Transfer Fraud $ 200,000.
Councillors' Accident
One City Mayor/Regional Councillor, Three Regional Councillors (Durham)/
City Councillor and Three City Councillors and Nine Library Board Members
Accidental Death & Dismemberment $ 10000.
(No Annual Aggregate Limit and No Deductible)
Weekly Income - Total Disability $ 500.
Weekly Income - Partial. Disability $ 250.
Twenty-Four Hour a Day Coverage applies.
Municipal Conflict of Interest
Percentage of Legal Fees and Expenses. 100%
Maximum Limit of Reimbursement per claim $ 100,000.
(No Annual Aggregate Limit)
Legal Expense
Percentage of Legal Fees and Expenses 100%
Maximum Limit of Reimbursement per claim $ 100,000.
Annual Aggregate Limit. $ 250,000.
Frank Cowan Company
-7-
102
PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
PART B - PROPERTY
Property Insurance (including Data Processing Insurance)
Total Sum Insured * $ 174,421,800.
Valuable Papers $ 500,000.
Accounts Receivable $ 500,000.
Extra Expense (other than Data Processing) $ 1,000,000.
Business Interruption
Rent or Rental Value Form $ 500,000.
Gross Revenue Form $ 2,584,500.
Checkroom Liability $ 5,000.
Data Processing
System and Equipment $ 1,440,800.
Media $ 47,000.
Extra Expense $ 50,000., i
Fine Arts Form $ 2,000.
Exhibition Form As Per Lists Provided
Deductible $ 10,000.
Exceptions:
Fine Arts Form and Exhibition Form $ 2,500.
- Checkroom Liability $ 2,500.
- Fire Training Trailer $ 2,500.
Peril of Flood 25,000.
- Peril of Earthquake 3% or Minimum $ 100,000..
*Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of
insurance or that are excluded from the policy.
Frank Cowan Company
-8-
103:
PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
Equipment Breakdown
Limit per Accident - Comprehensive:
- Steam Engine At Greenwood Museum, 2365 6`h Concession, Greenwood, ON $ 10,000.
All Other Locations $ 50,000,000.
Extra Expense $ 500,000.
Spoilage - Goods under Refrigeration $ 5000.
Business Interruption - Loss of Profits (Gross Revenue)
- All Buildings & Facilities, Greenwood Museum, Pickering, Ontario $ 94,500..
Don Beer Arena, 940 Dillingham Road, Pickering, Ontario $ 600,000. .
- Dunbarton.Indoor Pool, 655 Sheppard Ave. E., Pickering, Ontario $ 100,000.
= Pickering Recreation Complex, 1867 Valley Farm Road, Pickering, Ontario $ 1,790,000.
Expediting Expenses Included
By-Law Cover Included
Errors and Omissions $ 100,000.
Hazardous Substance (including PCB Contamination) $ 500,000.
Ammonia Contamination $ 500,000.
Water Damage $ 500,000.
Professional Fees $ 500,000.
Data Restoration $ 25,000.
Denial of Access 2 Weeks
Deductible $ 10,000..
Frank Cowan Company
-9-
j '
104
PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
PART 'C - AUTOMOIR LE
Automobile Fleet
Liability Limit $ 25,000,000.
Deductibles
Section 3 (Third Party) $ 10,000.
Section 6 (Direct Compensation) $ 10,000.
No Physical Damage applies to:
- 1951 Antique Pumper (Parades)
All Perils $ 10,000.
Garage Automobile
Third Party Liability Limit $ 3,000,000.
Customer Vehicles
Collision Limit $ 200,000.
Deductible $ 500.
Specified Perils Limit $ 300,000.
Deductible $ 500.
Frank Cowan Company
-10-
Cis, Report To
Executive Meeting
~T1~T
P1CKERIN Report Number: CS. 22-10
Date: June 14, 2010) 05
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Development Charges - Annual Indexing
Recommendation:
1. That Report CS 22-10 of the Director, Corporate Services & Treasurer be
received;
2. That effective July 1, 2010 as provided for in Section 16 of By-law 6978/09, the
Development Charges referred to in Sections 6 and 11 of that By-law be
decreased by 2.4 percent being the reduction in the construction price statistics
for the Non-residential Building Construction Price Index as reported by Statistics
Canada for the year ended March 31, 2010; and,
3. That the appropriate officials of the City of Pickering be given authority to give
effect thereto.
Executive Summary: The Development Charges Act 1997 and Ontario Regulation
82198 and By-law 6978/09 provided for an annual'adjustment to keep development
charges revenues current with construction costs, normally an increase based on the
Non-residential Building Construction Price Index (NRB CPI). However, the annual NRB
CPI for the current indexing year was decreased by 2.4% resulting to a reduction in
development charges rates if adopted. To be consistent with the annual application of
indexing, the current decreased in NRB CPI should be reflected in the City's
development charges rates as well. Adoption of the recommendations of this report will
.put into eff ect the lower rates for the period July 1, 2010 to June 30, 2011.
Financial Implications: Normally, increasing the development charges based.on an
increase in construction price index (CPI) will assist in keeping the revenues generated
in line with current costs. The current decrease in CPI was mainly a result of
competitive pricing and continued weakness in the non-residential building construction
market. The residential development charges for single and semi detached units will
decrease by approximately $233, other residential charges will decrease similarly and
the commercial/industrial charge will decrease by approximately $0.09 per square foot
or $1.00 per square metre.
Report CS 22-10 Date: June 14, 2010
Subject: Development Charges- Annual Indexing Page 2
106
Sustainability Implications: This decrease is necessary to reflect the competitive
pricing and continued weakness in the building construction market and to ensure that
Pickering remains attractive to the development industry.
Background: As provided for in the Ontario Reg. 82198 and in the City's By-law
6978/09, each year the development charges charged by the City for all types of
development may be indexed without amending the By-law. In the past, indexing has
always been an increase in the development charges to assist in keeping our revenues
in line with the costs that development charges go towards. Due to competitive pricing
and the continued weakness in the building construction market, adoption of the
recommendations will ensure that Pickering remain attractive to the development
industry. Also, should the construction price index increase significantly in our next
indexing year, we are able to justify the full increase seeing that we have been
consistent with the adoption of indexing and reduction based on Non-residential Building
Construction Price Index posted by Statistics Canada. Adoption of the
recommendations contained in this report will allow that decrease to take effect July 1,
2010.
Statistics Canada indicates the decrease in the construction price statistics for the most
recently available annual period ending March 31, 2010 of 2.4 percent for Non-
residential Building Construction Price Index (an indicator of our costs of construction)
for the Toronto area. The change is reflected in the table attached.
The 2009 Development Charges (DC) Background Study as approved under Report to
Council CS26-09, By-Law 6978/09 Section 11 (1) (b) provided for a phase-in of the non-
residential rates for the Roads & Related service category. This rate is to be changed
from $2.86 to $2.97 starting from July 1, 2009 based on the Study. With the phase-in,
the rate is to be $2.90 effective July 1, 2010 in conjunction with the annual indexing.
There was no phase-in of the Stormwater Management service category. Annual
indexing is indicated under section 16 (1) of the same By-Law. With the current
decrease in NRB CPI, a 2.4% reduction will be calculated on the non-residential rates.
The table below provides a comparison between the proposed rates.to be effective July
1, 2010 based on By-Law 6978/09 and the reduction thereafter due to a decrease in
NRB CPI:
Report CS 22-10 Date: June 14, 2010
Subject: Development Charges- Annual Indexing Page 3
107
Non Residential-Service By-Law 6978/09 Section By-Law 6978109 Section
Category 11 (1) (b). To be effective 16 (1). Indexing
July 1, 2010 (reduction) to be
effective Jul 1, 2010
Per S q. Foot Per S q. Foot
Related $2.97 $2.90
Roads &
.Stormwater Management 0.90 0.88
Total Per S q. Foot $3.87 $3.78
Per S q. Metre Per S q. Metre
Roads & Related $31.97 $31.20
Stormwater Management 9.68 9.45
Total Per S q. Metre $41.65 $40.65
The City's obligations under Recommendation 9 contained in the same report CS 26-09
(2009 DC Background Study) to Council in the form of contribution to the non-
development charge share of the costs (Development Charges - City's Share Reserve)
should continue to be increased despite the current decrease in CPI for prudent
financial planning. The 2010 Budget contained $480,000 of contribution for this purpose
and a budgeted draw of $568,947 thus, decreasing the 2009 year-end balance to
$1,857,269. Significant contributions in 2011 and after are necessary in order to bring
the fund balance to an acceptable level. The Commercial/Industrial Development
Charge remains at the Council approved level of approximately 85 percent of the
justified cost recovery amount, meaning the City has to contribute to the balance.
At this juncture, the Regional Municipality of Durham (Region) has not finalized the
annual indexing of the development charges the City collects on their behalf. The City
will continue to use rates prescribed as effective from July 1, 2009 until further notice
from the Region. The Education Development Charges will remain unchanged for the
current year.
The main changes are to update the amounts to reflect recommendations contained in
this report. Upon receiving the final figures from the Region for the portion of the
development charges the City collects on their behalf in mid June, the brochure will be
revised and distributed. The brochure will be posted on the City's website and made
available at various counters throughout the Civic Complex.
Attachments:
1. Current and Proposed Development Charges 2010/2011
Report CS 22-10 Date: June 14, 2010
Subject: Development Charges- Annual Indexing Page 4
108
Prepared By: Approved / Endorsed By:
Caryn Kong Gillis A. Paterson
Senior Financial Analyst- Director, Corporate Services & Treasurer
Capital & Debt Management
GAP:ckk
Copy: Chief Administrative Officer
Chief Building Official
Recommended for the consideration
of Pickering City Council
I V~Olz
Tony P vedel, P. ng.
Chief Administrative Officer
ATTACHMENT#_L_TO REPORT #_('Ss2a-10
CITY OF PICKERING
109
CURRENT RESIDENTIAL DEVELOPMENT CHARGES
Effective August 1, 2009
PER DWELLING UNIT
Service Single & Apt. Two Other
Category Semi Apt. One Bdrm Dwelling
Detached Bdrm & Larger Units
& Smaller
$
Growth Studies $87 $35 $47 $62
Fire Protection 259 103 140 186
Transportation-
Roads & Related 4,516 1,793 2,445 3,241
Operations 278 110 150 200
Stormwater Management 1,365 542 739 980
Parks & Recreation-
Parkland Dev & Trails 424 168 229 304
Recreation Facilities 2,249 893 1,217 1,614
Library 516 205 279 370
TOTAL $9,694 $3,849 $5,246 $6,957
CURRENT NON-RESIDENTIAL DEVELOPMENT CHARGES
Effective August 1, 2009
Service Per Sq. Foot Per Sq. Metre
Category
Transportation-Roads &
Related $2.86 $30.78
Stormwater Management 0.90 9.69
Total $3.76 $40.47
110
PROPOSED RESIDENTIAL DEVELOPMENT CHARGES
Effective July 1, 2010
PER DWELLING UNIT
Service Single & Apt. Two Other
Category Semi Apt. One Bdrm Dwelling
Detached Bdrm & Larger Units
& Smaller
Growth Studies $85 34 46 61
Fire Protection 253 101 137 182
Transportation-
Roads & Related 4,407 1,750 2,386 3,163
Operations 271 107 146 195
Stormwater Management 1,332 529 721 956
Parks & Recreation-
Parkland Dev & Trails 414 164 224 297
Recreation Facilities 2,195 872 1,188 1,575
Libra 504 200 272 361
TOTAL $9,461 $3,757 $5,120 $6,790
PROPOSED NON-RESIDENTIAL DEVELOPMENT CHARGES
Effective July 1, 2010
Service Per Sq. Foot Per Sq. Metre
Category
Transportation-Roads & $2.90 $31.20
Related
Stormwater Management 0.88 9.45
Total $3.78 $40.65
Ci Report To
Executive Committee
PICKERIN Report Number: CS 24-10
Date: June 14, 2010 1 1 1
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: 2010 Final Tax Due Dates for Commercial, Industrial and Multi-Residential
Realty Tax Classes
Recommendation:
1. That Report CS 24-10 of the Director, Corporate Services & Treasurer be
received;
2. That the Director, Corporate Services & Treasurer be authorized to issue the final
2010 Tax Bills for Commercial, Industrial and Multi-residential properties with a
due date of October 15th, 2010;
3. That the Director, Corporate Services & Treasurer be authorized to make any
changes or undertake any actions necessary, including altering the due date, in
order to ensure the tax billing process is completed and in order to comply with
Provincial Regulations;
4. That the draft By-law attached to this report be enacted; and,
5. That the appropriate City of Pickering officials be authorized to take the necessary
actions to give effect hereto.
Executive Summary: Adoption of the above recommendations and passing the
attached By-law provides for the final 2010 tax billing for non-residential tax classes
(commercial, industrial and multi-residential). During the last few years, the City has
billed the final non-residential taxes separately mainly due to the additional steps that
are required as a result of the capping legislation.
Financial Implications: The attached By-law is for the final billing of 2010 property
taxes for commercial, industrial and multi-residential properties. This billing of final
property taxes will raise approximately $20.8 million for the City, Durham Region and
School Boards. Tax bills for the Residential tax classes were mailed on May 25, 2010
with due dates of June 28th and September 28 tH
Report CS 24-10 June 14, 2010
Subject: 2010 Final Tax Due Dates for Commercial, Industrial and Multi- Page 2
Residential Realty Tax Classes
Sustainability Implications: Passing the attached By-law will allow the City to obtain the
funds required to maintain its financial sustainability objectives as provided for in the
2010 Current Budget: It also provides for the raising of property taxes for the Region of
Durham and the school boards.
Background: In 1998, the Province introduced Current Value Assessment or CVA
on a Province wide basis to replace the old patch quilt system (throughout the Province)
where each municipality used a different base year for assessment purposes. The end
result of CVA was the fact that some businesses were experiencing property tax
increases well above 100%. To reduce the property tax increases, the Province
introduced capping legislation in 1998.
The City of Pickering will soon be in a position to issue the final 2010 property tax bills in
accordance with the capping provisions of Bill 140, Continued Protection for Property
Taxpayers Act, passed by the Province on December 4, 2000 and implemented
through various Regulations. (Bill 140 replaced the original capping legislation of Bill 79
introduced and approved in 1998). This legislation was put in place to limit assessment
reform related increases to 5% per year on commercial, industrial and multi-residential
properties. Under this legislation, property owners facing increases due to property
assessment reform had their increases "capped" (reduced). Conversely, those
properties experiencing decreases were limited to that permitted under the legislation.
This meant that taxes have to be "clawed back" from those experiencing decreases to
fund the loss of revenue resulting from the capped increases.
The funding of the capping protection is "paid for" on a Region wide .basis. The Region
of Durham acts like a banker in this process. In other words, the total cost of the
capping protection for example, the commercial tax class is paid for by the other
commercial properties throughout the Region by having a portion of their related
property tax decrease withheld (clawed back). As part of the Region wide process, the
City of Pickering uses a Provincial database program called "Online Property Tax
Analysis" (OPTA) to verify non-residential assessment data. Every municipality within
Durham Region uses the OPTA system. Assessment Review Board decisions and
Minutes of Settlement decisions have been incorporated into the capping calculations
up to the "freeze" date of May 27, 2010.
Bill 83 - Legislative Changes to Capping Legislation
In 2004, the Province passed Bill 83 (An Act to Implement Budget Measures), which
provided for various optional tax tools that could be used for the non-residential tax
class. In a two tier municipal government structure, the upper tier has the option to
select all or some of the tax tools. These tax tools consisted of the following options:
Report CS 24-10 June 14, 2010
Subject: 2010 Final Tax Due Dates for Commercial, Industrial and Multi- Page 3
Residential Realty Tax Classes
113
1. The assessment related increase cap was increased from 5% to 10%.
2. Minimum annual threshold increase of 5% of total CVA property taxation.
3. A "billing" threshold be established whereby a property who is within the $250 of its
CVA based taxation would be required to pay its full CVA property taxes.
4. The minimum CVA for new construction properties was 60% in 2006. For 2010,
these properties (new construction) are now fully phased-in.
The purpose of these tax tools is to accelerate the movement of non-residential
taxpayers to full CVA taxes (where taxes are calculated using Current Value
Assessment multiplied by the corresponding tax rate). The Region of Durham adopted
all of the tax tools referenced above.
Under the Municipal Act, Subsection 343 (1), the tax bills have to be mailed 21 days
before the due date. Taxation staff are cognizant of this legislative requirement and
design the tax billing process to meet this requirement. However, there have been a
few requests from the taxpayers for a longer period of time ( beyond the 21 day period).
If the report is approved at the Executive Committee level, the outside printer will be
given direction to start printing and mailing the tax bills and therefore, provide a
longer notification period that in-turn is meeting some of the customers' requests.
In 2010, the City of Pickering issued an interim tax bill to all property owners in all tax
classes with two instalment dates of February 26th and April 28th. The proposed final
instalment due date of October 15th for all properties in the Non-Residential tax classes,
provides these tax classes with some additional time to pay their tax bill. It is
anticipated that the tax bills will be mailed by the end of July. Table One below
illustrates the final billing due dates for the non-residential tax classes from 2005 to
2010.
Table One
Non-Residential Final Billing Dates
Year Number of Date
Instalments
2005. One October 14, 2005
2006 One October 13, 2006
2007 One October 12, 2007
2008 One October 15, 2008
2009 One October 19, 2009
2010 One October 15, 2010
Report CS 24-10 June 14, 2010
Subject: 2010 Final Tax Due Dates for Commercial, Industrial and Multi- Page 4
Residential Realty Tax Classes
114
As Table One indicates, the proposed 2010 final due date closely follows the pattern
established since.2005. The one instalment due date will assist the City in managing its
cash flow.
Attachments:
1. By-law to Establish the 2010 Final Tax Instalments and Due Date for the
Commercial, Industrial and Multi-Residential Tax Classes.
Prepared By, Approved/Endorsed By:
Tracy Par ®rn Gillis A. Paterson
Acting, Co ator Taxation Services Director, Corporate Services & Treasurer
GAP:tp
Copy: Chief Administrative Officer
Recommended for the consideration
of Picked City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT #~TO REPORT #_L4:~ 1-10
THE CORPORATION OF THE CITY OF PICKERING
115
BY-LAW NO. XXXX/10
Being a By-law of The Corporation of the City of Pickering to
Establish the 2010 Final Property Taxes and Due Date for
the Commercial, Industrial and Multi-Residential Tax Classes
WHEREAS it is necessary for the Council of The Corporation of the City of Pickering,
pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, `to pass a By-law to
levy a separate tax rate on the assessment in each property class; and,
WHEREAS the property classes have been prescribed by the Minister of Finance under
the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and,
WHEREAS it is necessary for the Council of The Corporation of the City of Pickering,
pursuant to the Municipal Act, 2001, S.O., 2001, c.25, to levy on the whole rateable
property according to the last revised assessment roll for The Corporation of the City of
Pickering; and,
WHEREAS the Regional Municipality of Durham has passed By-law No. 12-2010 to
establish tax ratios and By-law No. 10-2010 to adopt estimates of all sums required by
The Regional Municipality of Durham for the purposes of the Durham Region Transit
Commission and By-law No. 11-2010 to set and levy rates of taxation for Regional Solid
Waste Management and By-law No. 09-2010 to set and levy rates of taxation for
Regional General Purposes and set tax rates on Area Municipalities; and,
WHEREAS it is necessary for the Council of The Corporation of the City of Pickering
pursuant to the Municipal Act, to levy on the whole rateable property according to the
last revised assessment roll for The Corporation of the City of Pickering for the current
year; and,
WHEREAS an interim levy was made by the Council of The Corporation of the City of
Pickering (pursuant to By-law No. 7014/10) before the adoption of the estimates for the
current year; and,
WHEREAS sub section 342 (2) of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, permits the issuance of separate tax bills for separate classes. of real
property for year 2010.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. For the year 2010, The Corporation of the City of Pickering (the "City") shall levy
upon all Property Classes (Residential, Commercial, Industrial and Multi-
residential) as set out in By-law No. 7043/10 of Schedule A, the rates of taxation,
for the City of Pickering, the Region of Durham and for Education purposes on
the current value assessment.
By-law No. Page 2
i 16
2. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and
its Regulations.
3. The levy provided for shall be reduced by the amount of the interim levy for 2010.
4. The 2010 final tax calculations for the industrial, commercial and multi-residential realty tax
classes is based on a freeze date of May 27, 2010.
5. The 2010 taxes owed for the commercial, industrial and multi-residential assessed
properties shall be due in one instalment on October 15, 2010, or as adjusted by the
Treasurer.
6. Except in the case of taxes payable under Section 33 and 34 of the Assessment Act,
R.S.O. 1990, c.A31„ as amended, the percentage charge as a penalty for non-payment of
taxes and monies payable as taxes shall be added to every tax or assessment; rent or rate
of any installment or part thereof remaining unpaid on the first day of default and on the
first day of each calendar month thereafter in which such default continues pursuant to
subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The
Treasurer shall collect by distress or otherwise under the provisions of the applicable
statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall
not have been paid on or before the several dates named as aforesaid, together with the
said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of
the Municipal Act 2001, S. 0. c.25 as amended.
7. If any section or portion of this By-law is found by a court of competent jurisdiction to be
invalid, it is the intent of Council for The Corporation of the City of Pickering that all
remaining sections and portions of this By-law continue in force and effect.
8. Taxes shall be payable to the Treasurer, City of Pickering.
9. This By-law comes into force on the date of its final passing.
BY-LAW read a first, second and third time and finally passed this 21 St day of June 2010.
David Ryan, Mayor
Debbie Shields, City Clerk
Report To
Executive Committee
PICKERING Report Number: CS 25-10
Date: June 14, 2010
117
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes
Recommendation:
1. That Report CS 25-10 of the Director, Corporate Services & Treasurer be
received;
2. That the write-offs of taxes as provided under Section 357/358 of the Municipal
Act, 2001 be approved; and,
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
Executive Summary: Not Applicable
Financial Implications: If approved, the write-off of taxes as contained in this report
represents a gross cost of $20,631.52 with a net cost to the City of approximately
$3,956.58 the balance being charged back to the Region of Durham and the School
Boards. Pickering's share of the costs will be charged to the 2010 Current Budget
allocation under General Government - Provision for Uncollectable Taxes. The 2010
budget provision is $275,185 and $73,790.19 including the above has been spent to
date.
Sustainability Implications: This report does not contain any sustainability
implications.
Background: The Municipal Act provides the Treasurer with various tax tools
regarding the administration and collection of property taxes. Under the provisions of
Section 357 of the Municipal Act, reduction of taxes due to fire, demolition, exemption,
assessment change or error is allowed for the current year only. Section 358 of the
Municipal Act, allows for the reduction of taxes due to assessment error and this
section can be applied to property taxes for the two preceding years.
Change in realty tax class can translate into lower property taxes if the property went
from industrial to commercial tax class or commercial to residential tax class.
Report CS 25-10 Date: June 14, 2010
Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Page 2
Demolitions, and other physical changes to a property, such as removing or filling in a
swimming pool, or damage caused by fire result in a reduction in assessment and
taxes.
One property reflects "no recommendation" in their property taxes which is shown as
having zeros in the corresponding columns. In general, "no recommendation" means
that either a reduction in assessment was not warranted or further property tax
reduction was not necessary as per the Assessment Act. If the property owner does not
agree with MPAC's recommendation, they. have the right to appeal to the Assessment
Review Board under subsection 7 of the Municipal Act, 2001.
Attachments:
1. Section 357/358 Adjustment to Taxes - Taxable
Prepared By: Approved / Endorsed By:
RS-
Tracy Parso s Gillis A. Paterson
Acting, Coordinator Taxation Services Director, Corporate Services & Treasurer
GAP:tp
Cop : Chief Administrative Officer
Recommended for the consideration of
Pickering City uncil
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT#--LTO REPORT #!Lo2S--l
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Report to
Executive Committee
PICKERING Report Number: CS 26-10
120 Date: June 14, 2010
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Tender T-3-2010
Supply and Delivery of HP & Cisco Equipment
Recommendations:
1. That Report CS 26-10 regarding The Supply and Delivery of HP & Cisco
Equipment be received;
2. That Tender T-3-2010 submitted by GENX Solutions (Section 1, Model 2) at a
cost of $25,000.78 (HST included) and a net cost of $22,513.97 be accepted;
3. That Tender T-3-2010 submitted by Conpute (Section 2) at a cost of $20,253.85
(HST included) and a net cost of $18,239.22 be accepted;
4. That Tender T-3-2010 submitted by Konnecud Tech (Section 4) at a cost of
$7,886.29 (HST included) and a net cost of $7,101.85 be accepted;
5. That Tender T-3-2010 submitted by MIAD Information Systems (Section 3, Model 2)
at a cost of $48,423.44 (HST included) and a net cost of $43,606.81 be accepted;
6. That Tender T-3-2010 submitted by MIAD Information Systems (Section 3, Model 4)
at a cost of $3,582.37 (HST included) and a net cost of $3,226.04 be accepted;
7. That Tender T-3-2010 submitted by MIAD Information Systems (Section 3, Laptop
and Docking Station) at a cost of $9,862.18 (HST included) and a net cost of
$8,881.19 be accepted;
8. That the total gross project cost of $115,008.91 (HST included) and the total net
project cost of $103,569.08 be approved;
9. That Council authorizes the Director, Corporate Services & Treasurer to finance
the project from the approved Information Technology 2010 Capital Budget from
property taxes;
10. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Report CS 26-10 June 14, 2010
Subject: Tender T-3-2010 12
Supply and Delivery of HP & Cisco Equipment Page 2
Executive Summary: As part of the 2010 Information Technology Capital Budget,
the Supply and Delivery of HP and Cisco Equipment was approved as capital projects.
Excepting three lower-end laptops, the hardware is to be considered replacements for
existing equipment at the end of their life cycles. Tender T-3-2010 was issued on
Thursday, April 22, 2010 and closed on Wednesday, May 12, 2010 with seven (7)
bidders responding. The total gross project cost is estimated to be $115,008.91 and an
estimated total net project cost $103,569.08 (net of HST rebate).
The City's purchasing policy requires staff to report to Council on results of the tender
and financing in order to proceed with this project in a timely manner.
Financial Implications:
1. TENDER AMOUNT
T-3-2010 $101,777.80
HST 13,231.11
Sub-Total $115,008.91
HST Rebate (11,439.83)
Total $103,569.08
2. APPROVED SOURCE OF FUNDS
Information Technology Capital Budget
Project Code Description of projects Budget Required
5206.1002.6175 PCs $48,000 $46,832.85
5206.1003.6175 Laptop 2,900 1,725.43
5206.1004.6175 Laptop 2,900 1,725.43
5206.1005.6175 Laptop 2,900 1,555.29
5206.1010.6177 Servers 20,000 22,513.97
5206.1013.6177 VMware 18,000 12,110.26
5206.1020.6177 SAN Server Licenses 6,000 6,128.96
5206.1025.6190 Laptops 7,350 3,875.04
5206.1032.6177 Switches 12,000 7,101.85
Total $120,050 $103,569.08
Source of Funds-Property Taxes
122
Report CS 26-10 June 14, 2010
Subject: Tender T-3-2010
Supply and Delivery of HP & Cisco Equipment Page 3
3. ESTIMATED PROJECT COSTING SUMMARY
T-3-2010 $101,777.80
HST (13%) 13,231.11
Total Gross Project Cost 115,008.91
Rebate (11.24%) (11,439.83)
Total Net Project Cost $103,569.08
Project Cost under (over) approved funds by $16,480.92
With the new Harmonized Sales Tax (HST) coming into effect starting July 1, 2010, the
supply and delivery of HP and Cisco Equipment will be affected by the HST. Under the
HST, municipalities will be charged 13% on most goods and services and subject to a
rebate of 11.24%, resulting in a net cost of 1.76% to the City. The above table has
presented the impact of the HST and the reflected the net cost to the City.
Sustainability Implications: This report does not contain any sustainability
implications.
Background: As part of the normal computer equipment maintenance cycle,
Tender T-3-2010 was issued on Thursday, April 22, 2010, and closed on Wednesday,
May 12, 2010, with seven (7) bidders responding. The tender was for the supply and
delivery of HP and Cisco Equipment. The total gross project cost is estimated to be
$115,008.91 for an estimated net cost to the City of $103,569.08 (net of HST rebate).
Four suppliers were chosen to provide the replacement equipment, they being GENX
Solutions, Conpute, Konnected Tech, and MIAD Information Systems.
As a result of lower than expected costs and additional rebates under the HST plan,
approximately thirty-four percent more PCs can be purchased than was initially
estimated. The original estimate (Section 3, Model 2) was for fifty microtower PCs, but
sixty-three are now able to be purchased. The original estimate (Section 3, Model 4)
was for three small form factor PCs, but four are now able to be purchased.
i
Additionally, it is projected that $16,480 will remain unspent once the replacement
exercise has been completed.
Installation of the equipment will be performed by Information Technology staff.
123
Report CS 26-10 June 14, 2010
Subject: Tender T-3-2010
Supply and Delivery of HP & Cisco Equipment Page 4
Upon careful examination of all tenders and relevant documents received, the
Corporate Services Department recommends the acceptance of the low bids submitted
by GENX Solutions, Conpute, Konnecud Tech, and MIAD Information Systems for
Tender T-3 -2010. The total amount being $115,008.91 (HST included) and that the
total net project cost of $103,569.08 be approved.
This report has been prepared in conjunction with the Manager, Supply & Services who
concurs with the foregoing.
Attachments:
1. May 13, 2010, Memorandum re: Tender No.: T-3-2010
2. T-3-2010 - Bid Results Summary
Prepared By: Approved / Endorsed By:
Jon orms Gillis A. Paterson
Ma ager, Information Technology Director, Corporate Services & Treasurer
Vera A. Fe emacher
C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering 7i y i
11
Tony e e , P.Eng.
Chief Administrative Officer
1 2 4 ATTACHMENT #.L-To REpom-a
Call o~
l;~l
- I I o
ERIi~TG MEMO
PICK
To: Gil Paterson May 13, 2010
Director, Corporate Services & Treasurer
From: Vera. A. Felgemacher
Manager, Supply & Services
Copy: Manager, Information Technology
Subject: Tender No. T-3-2010
Tender for Supply and Delivery of HP & Cisco Equipment
Closing: Wednesday, May 12, 2010
File: F-5400-001
Tenders have been received for the above project. Six (6) bidders were invited to
participate and an advertisement was posted on the City's website.
As the tendering document allows entire sections to be awarded separately, the most cost
effective award would be:
Section 1: GENX Solutions - (Models 1 & 2)
Section 2: Conpute - (Server License and Software)
Section 3: MIAD - (Models 1, 2, 3, 4 & Laptop and Docking Station)
Section 4: Konnected Tech (Cisco Switches)
A copy of the Record of Tenders Opened and Checked used at the public tender opening
is attached. Tenders shall be irrevocable for 60 days after the official closing date and
time.
"
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit
prices and extensions; unit prices shall govern and extensions will be corrected
accordingly, which has been done.
Copies of the tenders are attached for your review along with the summary of costs.
Include the following items in your Report to Council: 125
(a) without past work experience, if reference information is acceptable;
(b) the appropriate account number(s) to which the equipment is to be charged;
(c) the budget amount(s) assigned thereto;
(d) Treasurer's confirmation of funding;
(e) related departmental approvals;
(f) any reason(s) why the low bids are not acceptable; and
(g) related comments specific to the project.
Please do not disclose any information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the public tender opening. Bidders will be
advised of the outcome in due course.
If you require further information, please feel free to. contact me or a member of Supply &
Services.
AVAFI'r
Attachments
May 13, 2010
Tender No. T-3-2010 Page 2
Supply and Delivery of HP Cisco Equipment
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Executive Committee
AP1CKE0kR1ftN Report To
Report Number: CS 27-10
Date: June 14, 2010
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: SR&R Bay Ridges Ltd. - Request to Defer Payment of Development
Charges and Other Related Financial Matters
Recommendation:
1. That Report CS 27-10 of the Director, Corporate Services & Treasurer be
received;
2. That as provided for under By-law 6978/09:
a) the request by SR&R Bay Ridges Ltd. to defer the payment of Development
Charges in the amount of approximately $1,069,000 to the earlier of six
months after the commencement of foundation construction or when above
grade work is commenced, plus interest, be approved;
b) the requirements of Section 16(2) be waived so that the Development
Charges in effect at the time of payment apply to this project;
3. That the Director, Corporate Services & Treasurer be authorized to pay
engineering fees in the amount of $51,793 to be funded from the Invest in Ontario
Grant for the City's portion of the reconstruction of Wharf, Douglas and Front
Streets; and,
4. That the appropriate officials of the City of Pickering be authorized to give effect
thereto.
Executive Summary: SR&R Bay Ridges Ltd., in its letter of March 17, 2010 to the
Chief Administrative Officer, requested that they be allowed to defer payment of the City
portion of their Development Charges (DCs).
In addition, the outstanding payment of the City's portion of engineering fees remained
to be resolved.
On Friday, May 28, 2010, the incoming CAO and the Director, Corporate Services &
Treasurer met with Steven Warsh, Development Partner for the Greyrock Group of
Companies and Kevin Dwyer, Sernas & Associates, engineering consultant on the
SR&R Bay Ridges Project. This was following an internal meeting earlier in the week
with all City staff who had previously been involved in this matter.
Report CS 27-10 Date: June 14, 2010
Subject: Request by SR&R Bay Ridges Ltd. Page 2
to Defer Payment of Development Charges 133
The Recommendations in this report should bring to a conclusion the ongoing
discussions between SR&R and.City Officials regarding:
1. The deferral of development charges for the first apartment tower.
2. The amount of Development Charges payable could be affected by timing of
payment under the By-law 6978/09 and Report CS 22-10 whereby, for the first time,
they are being reduced. Recommendation 2 clarifies this issue and could provide a
benefit to SR&R of approximately $26,000 depending on when the permit is issued.
3. The payment of engineering fees in the amount of $51,793 for the portion of the road
and curb work that was undertaken at the request of the City depending on when the
permit is issued.
Financial Implications: Deferral of the payment of development charges will not
result in any loss of interest income, as SR&R will make up the lost interest.
By waiving the requirements of By-law 6978/09, Section 16(2), clarity in regards to the
Development Charges in effect at the time of payment is provided. Otherwise, under.
this Section, uncertainty could result and SR&R could pay approximately $26,000 more
as a result of the reduction of Development Charges by 2.4% under Report CS 22-10.
Payment of the engineering fees should, in retrospect, have been considered at the
time the work was contracted for by SR&R and subsequently agreed upon by the City.
The cost of $51,794 will be paid from the Invest in Ontario Grant that was applied in the
2009 Capital Budget to fund the City's share of the construction costs.
Sustainability Implications: By approving the Recommendations the City is
encouraging and demonstrating its commitment to residential intensification which is
aligned with the Provincial Growth Plan.
Background: The Council of the City of Pickering adopted the Report CS 26-09 of
the Director, Corporate Services & Treasurer on the 2009 Development Charges Study.
Included in this Report was By-law No. 6978/09 which included how and when
Development Charges are applicable and payable, including the following:
"Section 17
Development charges are payable by cash or certified cheque at the rates in effect
at the time of payment upon issuance or the building permit(s) or as otherwise may
be approved by Council."
Report CS 27-10 Date: June 14, 2010
Subject: Request by SR&R Bay Ridges Ltd. Page 3
134 to Defer Payment of Development Charges
Many municipal Development Charge By- laws contain such a provision to provide
Councils with very limited discretionary powers in this regard. Limited so as to not be
taken lightly or abused but a provision nonetheless so that Councils could exercise
some discretion when it was in the municipality's interest to do so.
Typically, a Council will consider a request to defer the payment of Development
Charges when it is in the broader community interest to do so. A deferral might be
sought on the basis of serving a particular community goal or objective. The only other
recent request for a deferral was from Options for Homes to assist the development
company in providing affordable housing. The Council felt that it was in the
community's broader interest to provide limited support and agreed to the deferral.
In the specific request before us, the Company has requested a deferral to assist them
in matching their financial obligations with their funding sources. Construction of a
condominium building involves large upfront costs associated with underground parking
and building structure, which differs significantly from a low rise residential project. In a
condominium tower, funds flow in from purchasers much later in the development
process. At the same time, the developer is required to pay DCs to the City, Region
and School Board at the time of building permit issuance.
SR&R are requesting deferral to the earlier of six months after the commencement of
foundation construction or when above grade work commences. The amount requested
to be deferred is $1,069,361, being the City's charges only. The Company will have to
make separate deferral requests to the Region and the School Board. Total
Development Charges payable to the City, Region and School Boards is $3,108,975.
From a financial perspective it is. not whether or not such a deferral would cost the City,
but rather is it a good business practice to grant this request.
SR&R advises that its initial develop interest on this property was for all townhouses.
The City, as part of its, and the Province's, intensification goals convinced the developer
to provide a mix of townhomes and apartment towers. It is that change in the original
development plans that give rise to the developer's request to defer payment of DCs to
a time closer to his inflow of funds from the purchasers. We understand that there is
also a strong desire on the part of the City to see this development continue towards a
successful build out as soon as possible. This typically occurs after above ground
construction commences. As a conditional building permit will be issued for the parking
garage, the City will retain control on the payment of the deferred DCs through the
issuance of the full permit.
As for engineering fees in the amount of $51,793, SR&R had not mentioned them at the
beginning of discussions on the reconstruction of Wharf, Douglas and Front Streets.
However, these costs were incurred in association with the City's portion of the work. At
20% of the total cost of the work they could be considered high, the norm is in the 10-
15% range, however, after extensive review the Region of Durham agreed to pay its
share at this rate. The City has paid the $175,000 as approved by Council and
additional construction costs incurred by SR&R on the City portion of the work due to
Report CS 27-10 Date: June 14, 2010
Subject: Request by SR&R Bay Ridges Ltd. Page 4
to Defer Payment of Development Charges 35
poor soil, conditions and generally poor state of the existing curbs and gutters. Payment
of engineering fees associated with these works appears to be appropriate.
The Company has assured the CAO and the Treasurer that they anticipate construction
commencing within 30 days of Council's approval. They also assured that Parkland
dedications will no longer be contested and that there are no other outstanding financial
matters. Council's approval of the Recommendations should provide part of the
impetus to assist in moving this project forward.
Council's approval of the Recommendations is not to be taken as an indication of a new
practice or direction of the City regarding these matters. This is a very specific one-time
example whereby the City can assist, at no real cost, to moving a development ahead.
Any other similar requests will be dealt with on their own merits. It is anticipated that a
report will be presented to the new Council in 2011 respecting the introduction of a
potential development incentive program. While it is too early to determine if this
particular development would meet any yet to be established criteria there does not
appear to be any compelling reasons to delay this report until the aforementioned report
is presented to Council in early 2011.
Attachments:
1. Letter dated March 17, 2010 from SR&R Bay Ridges Ltd.
Prepared By: Approved / Endorsed By:
Gillis A. Paterson Gillis A. Paterson
Director, Corporate Services & Treasurer Director, Corporate Services & Treasurer
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering Ci Counc' ,
Tony a ed'al, P. Eng.
Chief Administrative Officer
1 36.
S R & R Bay Ridges U ORIGINAL
45 7 .
To:
ATTACHMENT #J.TO REPORT #ZIM- W COPY
CORRR
City of Pickering March 17,
Pickering Civic Centre \
One the Esplanade v +0 Report' J
Pickering, Ontario a S
Canada
L1V 6K7
Attention: Mr. Thomas J. Quinn Chief Administrative Officer
Dear Sirs
Re: San Francisco by the Bay - Deferral of Development Levies.
We are proceeding with development of our San Francisco by the Bay 16 storey residential
condominium tower, and have recently filed our building permit application with the City. The
project involves substantial underground construction. We are requesting that the City defer the
payment of its development charges until six months after the commencement of foundation
construction, or until we commence work above grade. This will assist us in proceeding with this
important project. City staff has advised that the City's development charges by-law requires
payment prior to issuing our foundation permit, unless Council approves otherwise and advises
staff accordingly.
Please accept this letter as my request, pursuant to section 17 of by-law 6978/09, that Council
approve the deferral of the City development charges applicable to our 16 storey tower project.
We would request that the charges be payable the earlier of six months after the commencement
of foundation construction, or when we commence work above grade, instead of prior to
underground construction. Thank you for your consideration of this matter. I would be pleased to
provide anything further to assist in Council's approval of this request, as necessary.
Yours Truly
SR & R Bay Ridges Ltd.
Per:
Steven Warsh
150 Ferrand Drive, Suite 801,
Toronto, ON M3C 3E5
Tnl• d1R_RdQ_Ad7n Fnv• d1E,..d97_ma
Report to
Executive Committee
PICKERING Report Number: CS 28-10
Date: June 14, 2010
137
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Fair Wage Policy
Recommendation:
That Report CS 28-10 of the Director, Corporate Services & Treasurer regarding Fair
Wage Policy be received for information.
Executive Summary: At the meeting of Council held on April 19, 2010 direction
was given by Council Resolution #65/10 that CORR.29-10 from Terry Dorgan,
Business Agent and representative for Central Building Trades requesting the City of
Pickering review their Fair Wage Policy By-law in order to update their policy to mirror
other municipalities such as Oshawa and Clarington be referred to staff for report prior
to Council's summer recess.
After a thorough review, consultation with other municipalities and careful consideration,
staff have concluded that it is not necessary to implement any additional update to City
By-law or policy. This is consistent with the Region of Durham's position on this matter.
Financial Implications: There are no financial implications associated with the
Recommendation.
Sustainability Implications: There are no sustainability implications associated with
this report.
Background:
City's Current Policy and Practices
The City's Purchasing Policy begins with a Policy Statement which includes:
"That the City provide best value to the taxpayers of the City of Pickering through
the provision of open and fair, equitable, accessible and competitive bidding,
processes."
Report CS 28-10 June 14, 2010
Subject: Fair Wage Policy Page 2
. 1 ~ S2
The City's bidding processes have been open and fair, equitable, accessible and
competitive and without concern or conflict from the bidding community for over 30
years. The City's bidding processes continue to attract competition from the
marketplace yielding competitive pricing from qualified and skilled contractors and
savings to benefit the City and taxpayers. The City is responsible for ensuring that.
public funds are spent in a manner which maximizes the value obtained for
money spent in an open and competitive environment which ensures all suppliers
that wish to do business with the City are treated equally and fairly.
General Conditions within the City's tendering documents include the following Fair
Wage Clause:
"The Provincial Fair Wage regulations shall be applied to this contract and the
Contractor shall be prepared to provide such proof as may be necessary to
indicate that wages paid to employees are in compliance with the required
minimum. "
Criteria to select qualified contractors include, but is not limited to, the following:
• Rigorous evaluation of contractor's health and safety policy, qualifications, safety
record, insurance coverage
• Evaluation of experience in work of similar scope and value, and performance
reviews
• Backing by a recognized surety company
The City has a responsibility to hire qualified contractors and ensure compliance with
the regulations of the Occupational Health & Safety Act. The City already does its due
diligence to ensure only qualified contractors undertake work and comply with all ,
Federal, Provincial and Municipal statues and regulations.
The Ontario Chamber of Commerce (OCC) is a federation of 160 local chambers of
commerce and boards of trade in the Province of Ontario, representing an estimated
57,000 businesses of all sizes, in all economic sectors and from every area of the
province. The OCC's mandate is to advocate strong policies on issues that affect it's
membership through Ontario's business industry. In August, 2007 the OCC provided a
response on Fair Wage Policy (FWP) to the Director, Employment and Labour Policy
Branch - Ministry of Labour and this communication has been confirmed as the most
current. The following statements are contained in the response and bear repeating:
"To conclude, the OCC believes the FWP does not effectively provide for a fair
return on taxpayer dollars while it falls short of meeting an equitable social
objective. Therefore, the OCC recommends the government of Ontario to phase
:
out the FWP"
Report CS 28-10 June 14, 2010
Subject: Fair Wage Policy Page 3
139
The following conclusion appears in the most recent Region of Durham Report #2009-
F-38 presented to Regional Council:
"Given the core service issue and the debatable benefits associated with
incorporating such a policy, Regional staff does not recommend the inclusion of a
Fair Wage Policy within the framework of its ICI construction contracts or any other
service, sector or industry in which such a fair wage policy could be applied. The
Region should continue to ensure consistency and equal treatment for all potential
suppliers of goods and services to the Region and thus refrain from granting any
type of preferential treatment to a select number of recipients through the
implementation of the proposed (Region) Fair Wage Policy."
The foregoing conclusion within the Regional report resonates the City's
Recommendation as well,, that being the City continue to ensure consistency and equal
treatment for all potential contractors to the City and thus refrain from granting any type
of preferential treatment to a select number of recipients through the implementation of
a proposed City Fair Wage Policy.
Attachments:
1. Correspondence from International Brotherhood of Electrical Workers
2. City of Pickering Overview of Proposed Fair Wage Policy
3. Region of Durham Finance and Administration Report No. 2009-F-38 regarding a
Fair Wage Policy
Preps 'ed By: Approved/Endorsed By:
Vera A. Fel emacher Gillis A. Paterson
Manager, Supply & Services Director, Corporate Services & Treasurer
C.P.P., CPPO, CPPB, C.P.M., CMM III
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering C' oun it
Tony Preve el, P.Eng.
Chief Administrative Officer
F~
ATTACHMENT #-L-To PEPoRT#-L-~-/0
140
Request for Delegation C0PUZ 2q--ro
Debbie Shields
One The Esplanade
Pickering, Ontario, Canada
L1 V 6K7
To whom this may concern,
The Central Ontario Building Trades represents 60,000 skilled trades' workers in Central
Ontario. Most recently they have been active in promoting the adoption of modern Fair Wage
Policies throughout Ontario. This is to coincide with already implemented Fair Wage Policies in
municipalities and institutions such as; Oshawa, Thunder Bay, Hamilton, Sudbury, Clarington,
Toronto, the University of Ontario Institute of Technology and Durham College.
Within the City of Pickering's purchasing Bi-laws a Fair Wage Policy, dated 1995, has been
implemented over the past 15 years. The Central Ontario Building Trades view this policy as
being out dated and respectfully requests that the City of Pickering update their Fair Wage
Policy to mirror other municipalities such as Oshawa and Clarington.
Central Ontario Building Trades representative Terry Dorgan, requests to appear as a delegation
on April 19th 2010 in respect to modernizing the city's Fair Wage Policy.
Best Regards,
Terry ~orr~avl
Qus~r~eSS Ac~eY.
1(3tW' 1-Ocak 8CILt
ORIGINAI
^
FGN. COPY
r
i .
ir: l9 o
YA C~
\MC?+ 0 T0 B ~t`~~IU~
45A 1 41
Getting Serious about AdoRting Fair Wagg
ha is a Fair Wmye Requires all contractors to pay or provide the same wages,
benefits and hours to all workers.
Policy?
Municipalities pay their construction workers a "fair wage" for
the work performed and to ensure that workers are not
exploited or discriminated against.
J. Usually applies to construction (ICI) projects over $00,000.
Who has already adopted The Federal government, the provincial governments of
Fair Wage? Ontario, Manitoba and British Columbia, the municipalities of
Toronto, OshawaJondon, Montreal, Calgary, Edmonton and
Greater Vancouver, in addition to numerous agencies, boards,
commissions and universities/colleges all have adopted fair
wage policies.
What are the cost Minimal increases in,construction cost (2-4%)
implications of Fair Wage Significant cost savings (11-17%) based on higher productivity
gains resulting in lower renovation and repair work
Policy Adoption to (Source: Ontario Construction Secretariat)
projects?
What are the financial For small to medium sized Municipalities, it takes 20-40 hours
implications of Fair Wage per year to administer a Fair Wage Policy. r
1e s xes? Investigations fees (e.g. $2500 per investigation) would cover
administration costs and be an additional revenue source for the
Municipality.
! In the City of Toronto, administration revenues from Fair
Wage exceeded $27,000 in 2008.
What are the other (1) Stable labour relations with minimal-disruption.
Benefits of Fair Wage (2) A level playing field in competition for City Work.
(3) Protection of the Public
Policy Adoption? (4) Enhanced reputation of the Municipality for ethical and fair
business dealings.
ATTACHMENT #,,2TO REPORT #_C:YZ-/ 6
142
City of Pickering'
Overview of the Fair Wage Schedule and Policy Proposal
Contractors entering into ICI (Industrial-Commercial-Institutional) construction contracts
carried out by, and for, the City would.pay or provide wages, benefits and hours of work
to their employees while adhering to a "City Fair Wage Schedule and Policy". Similarly,
it would be the responsibility of the contractor to ensure the sub-contractor(s) are also
adhering to the terms of the City Fair Wage Schedule and Policy. The proposal outlines
a contract threshold minimum of $500,000 and therefore, contracts below a threshold
would be exempt from the terms of the proposed policy. A "investigation fee" would be
required to investigate complaints. Upon receipt of a Registered Complaint, together
with payment of an investigation fee, the City would take such action as it deems
necessary to determine whether the Contractor and Sub-contractor involved
or named in the Registered Complaint is in compliance with the Fair Wage
Policy and the Fair Wage Schedule. Sample investigation fees are $2,000 and $5,000.
Fair wage policies exist in relatively few municipalities from the survey undertaken
recently. Of the 28 municipalities and 3 public agencies surveyed, only 5 municipalities
have their own fair wage policies, 2 of which are Clarington and Oshawa. As identified
in the Region of Durham's Report #2009-F-38 on Fair Wage Policy "the City of
Toronto's Fair Wage Policy often serves as a benchmark for other jurisdictions and its
wage schedule is arrived at through review of stipulated rates of pay for various classes
of work produced. The City of Toronto's Fair Wage Office is made up of several staff
members solely-dedicated to the review of tenders and vetting of bidders to ensure
compliance, links to their schedule, to the complete wage package, inclusive of benefits
(excluding union dues, associate fees, etc) and is tied to collective agreements specific
to the local area. Review of the schedule by the City of Toronto's is done once every
three years and is adjusted annually for inflation. The City of Toronto's Fair Wage Office
provides auditing, administrative and schedule research and review service to other
municipalities with fair wage policies of their own."
Administration of a City Fair Wage Schedule and Policy would have to be designated to
be the responsibility to a Manager in Corporate Services or appropriate designate for
the review and administration of a Fair Wage Schedule and Policy and likely require
additional internal staffing to support the Manager.
Clarington implemented a fair wage policy as an interim process and applies on ICI
(Industrial-Commercial-Institutional) projects over $1,000,000 and Oshawa's applies on
projects over $500,000. Clarington has not seen any proof that there are any cost
savings flowing as a result of using the Fair Wage Policy. Clarington relies on the City of
Toronto to provide schedules and undertake audits otherwise, would need extra staff.
The following is abstracted from a City of Toronto staff report February 1, 2007 -
"Establishing fair wage rates and schedules are intended to minimize potential conflict
between organized and unorganized labour in the tendering and awarding of civic
contracts". This may be a factor in Toronto, however, there has been no conflict
whatsoever in over 30 years between organized and unorganized labour in the
tendering and award of contracts within the City of Pickering.
ATTACHMENT#J__TO REPORT # q Qr--10
Finance & Administration -15- April 15, 2009
Committee 143
MOVED by Councillor Kolodzie,
(160) "THAT the foregoing motion (159) of Regional Chair Anderson be
tabled.
MOTION DEFEATED
Councillor Kolodzie indicated that he wished to table the motion until he could
obtain an accurate accounting of what each Municipality has put into Durham
Region Transit (i.e., cost of buses, lands, etc)
The motion (159) of Regional Chair Anderson was then put to a vote and
CARRIED.
d) PROPOSED ESTABLISHMENT OF A FAIR WAGE POLICY ON ICI
CONSTRUCTION CONTRACTS BY THE REGION OF DURHAM
(2009-F-38)
Report #2009-F-38 from R.J. Clapp, Commissioner of Finance, was received.
R.J. Clapp responded to various questions from Councillor Kolodzie with
respect to whether or not there would be additional costs; why the fair wage
policy comparison chart (of GTA and other municipalities) shown on page 3 of
the report did not have more up-to-date comparisons; and the impact had a
fair wage policy been in place when the new water pollution control plant was
constructed in Courtice. A question regarding union versus non-union
workers was also raised and was addressed by R.J. Clapp.
MOVED by Councillor Parish,
(161) "THAT Report #2009-F-38 of the Commissioner of Finance be
received for information."
CARRIED
e) REGIONAL DEVELOPMENT CHARGE INDEXING (2009-F-39)
Report #2009-F-39 from R.J. Clapp, Commissioner of Finance, was received
as a handout. R.J. Clapp reviewed the recommendations contained in Report
#2009-F-39 with the Committee and also highlighted section 3.3 on page 6
which summarizes the potential foregone revenue (estimated $4.0 million)
from waiving the indexing of residential and non-residential development
charges and delaying the scheduled phase-in of non-residential development
charges for the ICI sectors in order to provide some relief for local
development and building industries during this economic recession.
Councillor Parish questioned the reason for doing this and also commented
there would be minimal impact in terms of stimulating development and
creating jobs. Councillor Parish also expressed concern with the loss of the
estimated $4 million in development charge revenue in 2010 and beyond.
R.J. Clapp noted there will be an opportunity to update the rates when a new
development charge by-law is completed. Councillor Parish also questioned
R.J. Clapp on whether consideration had been given to alternatives, such as
125
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144
The Regional Municipality of Durham
Report to The Finance and Administration Committee
From: R.J. Clapp, Commissioner of Finance
Report No.. 2009-F-38
Date: April 15, 2009
SUBJECT:
Proposed establishment of a Fair Wage Policy on ICI construction contracts by the
Region of Durham
RECOMMENDAMNS:
THAT the Finance and Administration Committee receive this report for information.
1.0 INTRODtJCnON
• This report considers the implications of incorporating a Fair Wage Policy into
the framework of the Region of Durham's lCl construction contracts: The
report briefly summarizes the Fair Wage Policy proposal put forth by local
union representatives and discusses current experiences with fair wage
policies in other municipalities for the purpose of establishing a Regional
position on the proposal.
2.0 BACKGROUND
• On November 14, 2007, with a UA Local 463 representative in attendance, a
representative from ISEW Loca'I 894, Oshawa and District provided a
presentation to Council' members regarding a Fair Wage Policy Proposal for
the Region intended to cover ICI construction oontracts carved out by, and
for, the Regional Municipality of Durham. Council members were also
presented with bound copies of the Fair Wage Proposal and a publication
from the Ontario Construction Secretariat (OSC) entitled "Impact of Fair Wage
Polies on the Construction Industry".
A Fair Wage Policy would allow the Region to require that all contractors
bidding on contracts for the Region provide wages, benefits and hours to their
employees in compliance with the Region's Fair Wage Policy. The policy
would also snake contractors responsible for ensuring that sub-contractors
also adhere to the policy.
49
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Report No : #2009-F-38 Page No.: 2
Terry Dorgan, the UA Local 463 representative, suggested that fair wage
policies assist in counter-balancing the propensity for suppliers in the
construction industry to engage in cut-throat competition driven by the low-bid
policies often adhered to by the public sector. It is argued that by setting a
wage floor for which contractors and sub-contractors must adhere to, and
essentially "taking the wages out of competition" such cut-throat competition
through the paying of lower wages can be minimized. They indicate that such
competition is also believed to erode occupational safety standards, weaken
industry investment in skills training and "promote" evasion of legal
obligations, such as the circumvention of El and CPP contributions. Mr.
Dorgan also commented that fair wage policies have been in Canada for
some time and that the City of Toronto policy often serves as a benchmark for
policies in other areas.
• A follow-up meeting took place January 2008 between Regional staff and
IBEW Local 894 and LIA Local 463 representatives to again discuss the
Region's proposed Fair Wage Policy. On April 2009, Regional staff met with
members of the Greater Oshawa Chamber of Commerce to discuss fair wage
policies and their potential impact on the Region of Durham.
3.0 OVERVIEW OF THE FAIR AGE POLICY _PROPOSAL
• Under the proposal, contractors entering into ICI construction contracts
carried out by, and for, the Regional Municipality of Durham would pay or
provide wages, benefits and hours of work to their employees while adhering
to the Region's Fair Wage Schedule and Policy. Similarly, it would be the
responsibility of the contractor to ensure that the sub-contractor is also
adhering to the terms of the Fair Wage Schedule and Policy. The proposal
outlines a contract threshold minimum of $500,000 where contracts below this
threshold would be exempt from the terms of the proposed policy.
Administration of the policy and wage schedule would be designated to be the
responsibility of the Manager, Purchasing Services or appropriate designate.
• Through its tender call, the Region would make the Fair Wage Schedule and
Policy available to every party bidding in ICI construction contracts. In a
manner that is acceptable to the Region, evidence of policy adherence would
be provided by the contractor and sub-contractors after substantial
performance of the construction contract. Contractors and sub-contractors
would be required' to post appropriate fair wages, wage schedules and labour
conditions in a conspicuous place at the work site and would be ordered to
maintain accurate records of employees detailing employee information, trade
classification, hours of work and wages; information that would be made
available for inspection upon request by the Region.
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Report No.. 92009-F-38 Page No_: 3
• A Registered Complaint could be filed by contractors, sub-contractors or
employees with the Region against any contractor or sub-contractor. Under
the proposal, the Region would investigate the complaint for abase
investigation fee of $2.500 being proposed by the unions and subject to the
conditions of substantial performance of the construction contract. Should the
registered complaint be found to 'be unsubstantiated, the Region would retain
the investigation fee from the complainant and take necessary action to claim
any costs in excess of the base investigation fete. Should the investigation
deem the contractor or sub-contractor to be in non-complla.nce, notice, would
be provided by the Region to immediately comply with the terms of the policy.
First time rron-compliance violations within a five-year time frame may result
in the contractor requiring accounting reports for the next three Region-
related projects of which the contractor performs construction work, declaring
adherenoe to the Fair Wage Policy. Multiple non-compliance offences by
contractors within a five-year time frame may result in restrictions to bid on
Region contracts for a period, of two years.
4.0 FAIR WADE POLICY EXPERIENCE IN QJjLER JURISDICTIONS
• Fair wage policies exist in relatively few municipalities across Canada. The
majority that do have fair wage policies are concentrated in Southern Ontario,
and include Toronto, Hamilton, Oshawa, London, Clarington, Sudbury.
Kitchener, Mississauga, Vaughan, and Brampton. To date, no regional
municipality has yet adopted a fair wage policy (i.e. Halton Region, York.
Region, Municipality of Waterloo) The table below provides a comparison of
fair wage schedule compensation by various municipalities across a select
number of common trade positions.
Fad Vhp Policy Comparbon -GTAand ocher municipal
C ofTororAoFak AQira-Feint BOAT
dd.'f" C* * t ~ Yal~haa ra orl + C 'T 4
.i 1i a f a i2W? MOI ^F -t fi f7 ~'.<'"~~f+ E x.+ir
y ,
Wap t, veu5on, WIPA VOW IN. Naysa via~on, W&P%vaa"",
Emi;1 1arAC*n0cns N1lidayPayend Wa o%You' Wldsy&F&p RdWramied ft" 11 F.W.W,ga NdihY4F4nP 13ot *IIF s
Camp Tn &Ndlda 11024ft P ds225 &VaesWAY lkrw S 11"1138
HridtWM&51anW&= W12 537.36 Wit 015 $355 $42.78 5175
$429 331.95 333179 sags 3M52 $4829 $311,41
Eieftims $45.44 $36.71 34549 33134 $2819 $44.911 $4137
.kdi3wne LdXt ers 5N.a $31.19 $36.96 t23.56 ZA2 $3449 33449
He" E%ow opfr bw 34118 53456 54351 $29.56 327.34 $4221 =A4.
iiaAF W*& 3096 WAS 3151 $28:52 Wo 0,57 $241
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Report No.: #2049-F-38 Page No.: 4
• The City of Toronto's Fair Wage Policy often serves as a benchmark for other
jurisdictions and its Wage Schedule is arrived at through review of stipulated
rates of pay for various classes of work produced. The City of Toronto's Fair
Wage Office, made up of several staff members solely= dedicated to the
review of tenders and vetting of bidders to ensure compliance, links their
schedule to the complete usage package, inclusive of !benefits (excluding
union dues, association fees, etc.), and is tied to collective agreements
specific to the local area. Review of the schedule by the City of Toronto's Fair
Wage Office is done once every three years and is adjusted annually for
inflation. The City of Toronto's I=air Wage Office often provides auditing,
administrative and schedule research and review services to other
municipalities with fair wage policies of their own.
Within Durham Region, Clarington and Oshawa each have their own fair
wage policies for ICI construction contracts and with the assistance of the City
of Toronto's Fair Wage Office, wage schedules are developed by linking
wages to local collective agreements within the appropriate Ontario Labour
Relations Board Construction Industry Area (Area 9 for both municipalities).
For both municipalities, in the event of a registered complaint, administrative
support and auditing services can be performed by the City of Toronto's Fair
Wage Office or appropriate designate as determined by the municipality. For
complaints that are deemed valid, the investigation fee is returned to the
complainant and the cost for the auditing service would be charged' to the
municipal budget. However, evidence of non-compliance by a supplier allows
the municipality to pursue the base investigation costs along with any other
costs the municipality deems appropriate and can deduct the amount from the
balance owing by the municipality to the supplier.
• Since the inception of its fair wage policy, Clarington has only seen two IiC1
construction projects exceeding the $1 million threshold level. Oshawa's fair
wage policy, with a lower contract threshold level of $500,000, has yet to
undertake a project above this amount. The lack of activity among the area
municipalities makes it difficult to assess the effects of their respective
policies.
5.0 THE REGION OF DURHAM'S CURRENT PRACTICE=S
• The Region of Durham s By-Laos No. 68-2000, as amended, defines
purchasing and tendering policies covering the acquisition of goods and
services projects by the Region. The Region of Durham currently undergoes
a thorough examination of all tenders and proposals, as well as a process for
qualification of suppliers of goods and services. It is the objective of the
Region to acquire its goods, services and works without favoritism through
the application of the highest standards of business ethics.
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Report No.,. #2009-F-38 Page No.: 5
The pre-qualification criteria to selecting a list of qualified suppliers includes,
but is not limited to:
Review of health and safety records of suppliers;
• Record of supplier working experience and evaluation of prior
performance; and
■ Examination of the prior bidding history of the supplier and financial
status of the supplier.
+ For projects above $100,000, prequalification of achieved via Council
approval for each respective project. A joint report is required by the
Department Head and "designated official" and is submitted to the appropriate
Standing Committee and Council for approval prior to prooeeding with
prequalification of the supplier. The Region has a responsibility to hire
qualified contractors and ensure compliance with the regulations of the
Occupational Health and Safety Act as well as any additional policies
mandated by the Region.
w Awarding of the contract Is usually based on the lowest responsible bid
assuming all specifications and qualifications have been met. In its
purchasing of goods and services, it is the responsibility of the Region to
ensure that public funds are spent in a manner which maximizes the value
obtained for money and to ensure that the solicitation, bidding and awarding
process is done in an open and competitive environment which ensures that
all suppliers that wish to do business with the Region are treated fairly and
equally. While there is currently no fair wage policy incorporated Into
consa uctlon contracts, Regional staff believes that the Region already
does its due diligence In ensuring that only qualified and reputable
suppliers partake in the supply of goods and services for the Region by
ensuring compliance to all Federal, Provincial and Municipal statutes
and regulations`
6.0 REGIONAL STAFF CONCERNS WITH-FAIR WAGE POLICY
Upon review of various literatures, research and experience in other jurisdictions and
entities, Regional staff suggests that there are several concerns with implementing a
Fair Wage Policy in the framework of ICI construction contracts. Some primary
concerns include:
+ The implementation of a Fair Wage Policy results in the Region
assuming the role as a third-party arbiter serving to resolve potential
disputes that occur between suppliers and their respective employees.
+ The Region would likely incur significant administrative costs as a
result of including and enforcing fair wage policies In its ICI
construction contracts. While the proposal outlines abase investigation fee
of $2,500 to help recover administrative and audit-related costs associated
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Report No.: 02009-F-38 Pa a No.: 6
with a Registered Complaint, these costs may not necessarily reflect the total
costs that may be associated with review and research of policies and wage
schedules, as.well as costs associated with inspections and audits during the
period of the construction contract. As a.result, while the Region can recover
base investigation fees from either the party named in the complaint or the
complainant, any costs exceeding the base cost investigation fee must be
pursued by the Region. Also to be considered are the opportunity oasts of
utilizing Regional staff resources towards monitoring policy compliance and
conducting complaint-driven investigations based on allegations which could
prove to be unsubstantiated. In addition, the required posting of the proposed
Fair Wage Schedule and Policy at every site provides Region contact
information to the public to answer any inquiries regarding the Fair Wage
Schedule and Policy: inquiries which may be unrelated to non-oomplianoe
issuer.
e To date, there have been no discussions with the City of Toronto's Fair Wage
Office regarding possible administrative support related to the Region's
proposed Fair Wage Schedule and Policy and it is not known if the Fair Wage
Office would have the manpower to provide such support to the Region
without having to increase their staffing requirements. if the Fair Wage Office
was incapable of providing administrative support to the Region under their
current structure, additional internal staffing would likely be required by the
Region to support the Manager, Purchasing Services in the review and
administration of the Fair Wage Schedule and 'Policy. Taking into account the
staffing requirements of the City of Toronto's Fair Wage Office and
considering the City of Toronto's population relative to that of Durham Region,
it could be assumed that the Region would require at least one full-time
employee dedicated solely to the administration and review of the fair wage
policy and schedule for the Region of Durham.
e The manner in which "fair wages" should be set for the Region remains
unclear. Some jurisdictions, with the assistance of the City of Toronto's Fair
Wage Office, develop Wage Schedules based on local collective agreements
according to the boundaries set by the OLRB Area Schedule. However, Area
9 represents all of Durham Region except for Pickering and Ajax, which fall
into Area 8 (which includes, but is not limited to Metropolitan Toronto, and
Peet and York regions). While it is likely that cross-regional overlap is a non-
issue when examining area municipalities, it is unclear how "fair, wages"
would be set for a regional municipality with overlapping OLRB Areas. For
example, 'IBIEW Local 894, which represents electrical workers, represents a
wide area including all of Durham Region. However, OLRB Areas 8 and 9
both cover large portions of Durham Region and it is unknown whether the
collective agreements from Area 8, including those for IBEW Local 353
(covering Toronto, Peel Region, York Region and a portion of Dufferin
County), would take precedence over the those of Area 9. or vice versa.
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• The Ontario Chamber of Commerce (OCC) claims that the (Province of
Ontario has an ample amount of legislative tools to address the social and
economic needs of the Ontario workforce, including various labour policies
and minimum wage legislation. The OCC also claims that the positive impacts
of fair wage policies - benefits that are typically accrued to a limited number of
beneficiaries , are undermined by the overall increase in program costs. The
OCC continues to champion for the phasing-out of the Provincial Fair Wage
Policy as they claim it results in inflated wages for non-unionized employers
that otherwise would have been compensated fair, competitive market wages.
The Greater Oshawa Chamber of Commerce (GOCC) echoes the
sentiments of the OCC as they believe that such policies limit the ability
for smaller4omodium suppliers to bid on government contracts and
they questioned whether a fair wage policy works to provide the best
overall project value to the taxpayer at the most cost-effective price.
Similarly, the Canadian Federation of Independent Business (CFIB), a
not4or-profit, non-partisan organization which represents the interests
of small and medium=sized businesses, has long argued against fair
wage policies and claims that the government should not be involved in
seWng wages for private sector workers bidding on public ,sector
contracts.
• There have been cases in other jurisdictions, such as in British
Columbia, where fair wage policies were repealed on the grounds that
they increased project costs and increased the burden on taxpayers
while providing debatable banefits. Studies have found that IBC°s fair wage
policies, which mandated for wages that were up to one-third higher than the
prevailing competitive market wage rate, added approximately 7 per cent
(over $100 million annually) to the cost of public construction projects. It was
the belief that the return to an open tendering process would ensure optimal
value for taxpayers and the savings incurred as a result of the repeal of the
fair wage policy would assist in allocating funds to other riruch-needed
projects.
• While fair wage (policies exist In vans area municipalities and entities,
no regional municipality has yet to impose a fair wage policy. Given the
Region's geographic expanse and the potential administrative and opportunity
costs associated with implementing such a policy, the question arises as to
why the Region should assume the responsibility for establishing wages paid
by suppliers bidding on Regional tendered ICi construction contracts given
that there is no clear benefit to the Region for doing so. As noted, Regional
staff believes that the Region already undergoes a thorough evaluation and
vetting of potential bidders that ensures adherence to all statutes, regulations
and standards and ensures that the awarding of contracts is done in an open
and competitive environment where all potential suppliers are treated equally
and fairly.
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7.0 CONCLUSION
Given the core service issue and the debatable benefits associated with
incorporating such a policy, Regional staff does not recommend the inclusion
of a iFair Wage Policy within the framework of its ICI construction contracts or
any other service, sector or industry in which such a fair wage policy could be
applied. The Region should continue to ensure consistency and equal
treatment for all potential suppliers of goods and services to the Region and
thus refrain from granting any type of preferential treatment to a select
number of recipients through the implementation of the proposed Region Fair
Wage Policy.
R.J. Clapp, CA
Commissioner of Finance
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