HomeMy WebLinkAbout20 130 Grey Sauble Conservation Authority Agreement (2020) By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2020 - 130
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
GREY SAUBLE CONSERVATION AUTHORITY
TO PROVIDE FOR PART IV ENFORCEMENT OF SOURCE PROTECTION
PLANSOF THE CLEAN WATER ACT,2006
WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provide that the powers
of a municipality under this or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its
affairs as it coJOFABNO >LLNKLNF>PB >JA PK BJE>J@B PEB IQJF@FL>HFPUXO >?FHFPU PK
respond to municipal issues and a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising its authority under this
or any other Act;
ANDWHEREAS Ontario Clean Water Act, 2006, as amended provides that a
municipality is responsible for Part IV Enforcement of Source Protection Plans
and provides that a municipality may enter into an agreement for the enforcement
of Part IV by a board of health, a planning board, or a Source Protection Authority;
AND WHEREAS the Grey Sauble Conservation Authority is a Source Protection
Authority for purposes of the Clean Water Act;
AND WHEREAS the Municipality is located within the Saugeen, Grey Sauble,
Northern Bruce Peninsula Source Protection Region as set out in Ontario
Regulation 284/07.
AND WHEREAS the Municipality deems it advisable to enter into an agreement
with the Grey Sauble Conservation Authority to appoint them as an agent of the
Municipality to carry out enforcement under Part IV of the Clean Water Act per
Report Planning 2020-19;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That an agreement with Grey Sauble Conservation Authority to appoint them
as an agent of the Municipality to carry out enforcement under Part IV of the
Clean Water Act, attached EBNBPK >O ;@EBAQHB W/X >JA CKNIFJD L>NP KC PEFO
by-law, be entered into.
2. That the Mayor and Chief Administrative Officer be hereby authorized to
execute, on behalf of The Corporation of the Municipality of Kincardine, the
agreement and any other documents required.
3. This by-law shall come into full force and effect upon its final passage.
Page 2
Grey Sauble Conservation Authority Agreement (2020) By-law
By-law No. 2020 - 130
4. This by-H>S I>U ?B @FPBA >O PEB YGrey Sauble Conservation Authority
Agreement (2020) By-H>SZ#
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READ a FIRST and SECOND TIME this 14 day of October, 2020.
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READ a THIRD TIME and FINALLY PASSED this 14 day of October, 2020.
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Mayor Clerk
Source Protection Plan — Part IV Enforcement Transfer Agreement
This AGREEMENT made effective the 14 day of October 2021 . 2020
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
(hereinafter called "the Municipality")
-and-
GREY SAUBLE CONSERVATION AUTHORITY
(hereinafter called "the Authority")
PREAMBLE:
WHEREAS this Agreement is being entered into pursuant to the Clean Water Act, 2006
(hereinafter called the "Act') for the purpose of appointing the Authority as agent of the
Municipality with respect to the enforcement and jurisdictional rights under Part IV of the
Act as part of the implementation of the Saugeen, Grey Sauble, Northern Bruce Peninsula
Source Protection Plan (hereinafter called the "Source Protection Plan");
And Whereas the Authority is a Source Protection Authority for purposes of the Act and of
this Agreement;
And Whereas the Municipality is located within the Saugeen, Grey Sauble, Northern Bruce
Peninsula Source Protection Region as set out in Ontario Regulation 284/07.
IN CONCLUSION of the mutual covenants herein contained, the parties hereby agree as
follows:
ARTICLE ONE
DEFINITIONS
Section 1.1: Definition
Unless otherwise expressly provided in this Agreement, the words, phrases and
expressions in this Agreement shall have the meaning attributed to them as follows:
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a) "Act' means the Ontario Clean Water Act, 2006, as amended;
b) "Agreement" means this document;
c) "the Regulation" means Clean Water Act Regulation 287/07;
d) "Risk Management Official" means the Risk Management Official appointed
under Part IV of the Act;
e) "Risk Management Inspector" means a Risk Management Inspector appointed
under Part IV of the Act;
f) "Source Protection Plan" means a drinking water source protection plan
prepared under the Act.
ARTICLE TWO
GENERAL
Section 2.1: Part IV Requirements under the Act
The Act, provides that a municipality is responsible for Part IV Enforcement of Source
Protection Plans. The Act further provides that a municipality may enter into an agreement
for the enforcement of Part IV by a board of health, a planning board, or a Source
Protection Authority.
Under this Agreement, the Municipality hereby appoints the Grey Sauble Conservation
Authority as agent of the Municipality to carry out enforcement under Part IV of the Act.
Section 2.2: Application
The Grey Sauble Conservation Authority hereby accepts the appointment and agrees to
act as agent of the Municipality for the duties and enforcement responsibilities of Part IV of
the Act for those lands that are situated within the Saugeen, Grey Sauble, Northern Bruce
Peninsula Source Protection Region.
Section 2.3: Duties
The Authority shall faithfully carry out the duties hereunder on a fee for service basis in
accordance with the Act, the Source Protection Plan (as amended from time to time), this
Agreement, and any other applicable legislation.
ARTICLE THREE
RESPONSIBILITIES
Section 3.1: Responsibilities of the Authority
The Authority is responsible for all the powers and duties of an enforcement body under
Part IV of the Act. The duties and powers include but are not limited to those listed below:
a) Appoint such Risk Management Officials and Risk Management Inspectors as are
necessary for the enforcement of Part IV of the Act.
b) Provide mapping to the Municipality and establish protocols in consultation with the
Municipality to ensure Part IV requirements are incorporated into the review of
applications under the Planning Act and Building Code Act.
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c) Review applications under the Planning Act and Building Code Act as deemed
necessary under the protocols referred to in 3.1(b) and issue notices with respect to
Restricted Land Use policies prior to those applications proceeding.
d) Negotiate or, if negotiations fail, establish risk management plans with persons
(business owners, landowner, tenants, and others) engaged or proposing to engage
in an activity and at a location, subject to the Act.
e) Review and accept risk assessments under the Act.
f) Conduct inspections and use powers of entry on properties where reasonable and
obtain inspection warrants from a court where required.
g) Issue notices and orders, prosecute any offences under Part IV of the Act and
exercise any other powers set out under Part IV of the Act to ensure compliance
with the policies in the Source Protection Plan.
h) Maintain records in accordance with the Act and make records available to the
public when required to do so and to the Municipality upon request.
i) Prepare documentation and make provisions for staff to attend Environmental
Review Tribunal Hearings, as required.
j) Report annually on activities as required under the Act and provide a copy of the
annual report to the Municipality.
Section 3.2: Responsibilities of the Municipality
To facilitate implementation of this Agreement, the Municipality shall provide information
and data required by the Authority to carry out its powers and duties under Part IV of the
Act. In the event of termination of this Agreement, records will be transferred to the
Municipality.
The Municipality shall adhere to agreed upon protocols to ensure Part IV requirements are
incorporated into the review of:
a) Building permit applications; and
b) Applications under provisions of the Planning Act.
ARTICLE FOUR
COSTS
Section 4.1: Responsibility for Cost of Service Delivery
The Municipality is responsible for the costs of the enforcement of Part IV of the Act. The
Municipality shall pay the Authority as per Schedule A of this Agreement.
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Section 4.2: Fees
The Municipality retains the ability under subsection 55 of the Clean Water Act to charge
fees for costs associated with the enforcement of Part IV responsibilities, as appointed to
the Grey Sauble Conservation Authority.
Section 4.3: Recovery of Legal Costs
The Authority, through consultation with the Municipality will recover from the Municipality
costs incurred as a result of legal actions initiated by or against the Authority associated
with executing its duties and powers under this Agreement and for costs associated with
non-routine work including but not limited to enforcement orders, warrants, Environmental
Review Tribunal Hearings and retention of third party experts. A ten percent (10%)
enforcement and legal costs fund will be established to cover these costs. In the event that
costs exceed the ten percent (10%) fund allocation, the Authority, through consultation
with the Municipality will recover from the Municipality the remaining costs incurred.
ARTICLE FIVE
OFFICIALS AND INSPECTORS
Section 5.1: Appointment
The Authority will appoint such Risk Management Officials and Risk Management
Inspectors as are necessary pursuant to subsection 48(2) of the Act and shall issue a
certificate of appointment as per subsection 48(3) of the Act.
Section 5:2: Qualifications
The Risk Management Officials and Risk Management Inspectors will be qualified as
prescribed by the Regulation.
ARTICLE SIX
LIABILITIES AND INSURANCE
Section 6.1: Insurance
The Authority shall provide and maintain Commercial/Comprehensive General Liability
insurance subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive
per occurrence for bodily injury, death and damage to property including loss of use
thereof. The Authority shall provide and maintain Errors and Omissions insurance subject
to limits of not less than an annual aggregate of Two Million Dollars ($2,000,000.00). Such
insurance shall provide coverage for all errors and omissions made by the Authority, its
officers, directors and employees in regard to the obligations of the Authority under this
Agreement.
The Authority shall provide and maintain Automobile Liability insurance subject to limits of
not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury,
death and damage to property including loss of use thereof.
The Authority shall name the Municipality as an additional insured. The Authority shall
provide the Municipality with Certificate(s) of insurance confirming that the said insurance
policies are in good standing at the Municipality's request. The Authority shall provide the
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Municipality thirty (30) days prior written notice of any changes to or cancellation of such
insurance policy.
Section 6.2: Workplace Safety and Insurance Board (WSIB)
The Authority shall provide verification of WSIB coverage.
The Authority shall provide a signed copy of the Municipality of Kincardine Occupational
Health and Safety Compliance form.
Section 6.3: Indemnification
The Authority agrees to save harmless and indemnify the Municipality, and its employees,
agents, assigns, directors and officers (collectively, the `Indemnified Parties') from and
against any claims, costs, fees, losses, damages or expenses of every nature and kind
whatsoever, including but not limited to governmental inquiries, administrative or judicial
proceedings, which the Indemnified Parties might suffer, have imposed on, or incur in
connection with or arising out of the Authority failing to perform its duties or responsibilities
under this Agreement.
The Municipality agrees to save harmless and indemnify the Authority, and its employees,
agents, assigns, directors and officers (collectively, the `Indemnified Parties') from and
against any claims, costs, fees, losses, damages or expenses of every nature and kind
whatsoever, including but not limited to governmental inquiries, administrative or judicial
proceedings, which the Indemnified Parties might suffer, have imposed on, or incur in
connection with or arising out of: this Agreement; any enforcement duties or
responsibilities; or otherwise in connection with the Act or any regulations thereunder.
ARTICLE SEVEN
TERM, RENEWAL, TERMINATION AND AMENDMENT OF AGREEMENT
Section 7.1: Initial Term
This Agreement shall continue in force for the period of 5 years, commencing on the
day of and ending the day of
Section 7.2: Renewal
This Agreement will automatically continue following the expiry of the terms set out in
Section 7.1 until it is:
a) Superseded or replaced by a subsequent agreement; or
b) Terminated in its entirety by either party by giving ninety (90) days written notice.
Section 7.3: Termination
The Agreement may be terminated by either party with a minimum of one hundred and
eighty (180) days written notice.
Section 7.4: Amendment
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This Agreement may be amended by mutual agreement from time to time to reflect
changes in programs, funding and personnel in both parties, or changes in provincial
policy or legislation.
ARTICLE EIGHT
MISCELLANEOUS
Section 8.1: Preamble
The preamble hereto shall be deemed to form an integral part hereof.
Section 8.2: Instrument in Writing
This Agreement shall not be changed, modified, terminated or discharged in whole or in
part except by instrument in writing signed by the parties hereto, or their respective
successors or permitted assigns, or otherwise as provided herein.
Section 8.3: Assignment
This Agreement shall not be assignable by either party.
Section 8.4: Force Majeure
Any delay or failure of either party to perform its obligations under this Agreement shall be
excused and this Agreement is suspended if, and to the extent that, a delay or failure is
caused by an event or occurance beyond the resasonable control of the party and without
its fault or negligence, such as, by way of example and not by way of limitation, acts of
God, fires, floods, wind storms, riots, labour problems (including lock-outs, strikes and
slow-downs) or court injunction or order.
Section 8.5: Notices
Any notice, report or other communication required or permitted to be given hereunder
shall be in writing unless some other method of giving such notice, report or other
communication is expressly accepted by the party to whom it is given and shall be given
by being delivered by or mailed to the following addresses of the parties respectively:
a) To the Authority:
General Manager/ Chief Administrative Officer
Grey Sauble Conservation Authority
237897 Inglis Falls Road, RR4
Owen Sound, ON N4K 5N6
b) To the Municipality:
Attention: Municipal Clerk
Municipality of Kincardine
RR5
1475 Concession 5
Kincardine, ON N2Z 2X6
Any notice, report or other written communication, if delivered, shall be deemed to have
been given or made on the date on which it was delivered to any employee of such party,
or if mailed, postage prepared, shall be deemed to have been given or made on the third
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business day following the day on which it was mailed. Either party may at any time give
notice in writing to the other party of the change of its address for the purpose of this
Agreement.
Section 8.6: Headings
The Section headings hereof have been inserted for the convenience of reference only
and shall not be construed to affect the meaning, construction or effect of this Agreement.
Section 8.7: Governing Law
The provisions of this Agreement shall be construed and interpreted in accordance with
the laws of the Province of Ontario as at the time in effect.
Section 8.8 Accessibility Standards for Customer Service
The Authority shall comply with the Municipality of Kincardine Accessibility for Customer
Service Policy GG.3.8
Section 8.9 Integrated Accessibility Standards
The Authority shall comply with the Municipality of Kincardine Integrated Accessibility
Standards Policy GG.3.9.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year written.
GREY SAUBLE CONSERVATION AUTHORITY
Cathy Little °IIIIIII I� IIII�IIIIII
Signed with ConsignO Cloud(2020/10/24)
Verify with ConsignO or Adobe Reader. October 24, 2020
Chair Date
Tim Lanthger � ........���������������������
Signed with ConsignO Cloud 2020/10/26 0111111
Verify with ConsignO or Adobe Reader. October I26, 2020 III
General Manager/ CAO Date
We have the authority to bind the Conservation Authority
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
AnneEadie ...................................................
Signed with ConsignO Cloud(2020/11/01) III IIIIIIIIIII II II 01111111 November 1 2020
Verify with ConsignO or Adobe Reader.
Anne Eadie, Mayor Date
Sharon Chambers
Signed with ConsignO Cloud(2020/11/02) Ill l llmm� IIIIII011111111
Verify with ConsignO or Adobe Reader.
November 2, 2020
Sharon Chambers, CAO Date
We have authority to bind the Municipality
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Schedule A
Total Year 1 Year 2 Year 3** Year 4** Year 5**
Estimated
Costs*
5 ears
$20,500 $4,100 $4,100 $4,100** $4,100** $4,100**
Payment January January January January January
Due 15, 2021 15, 2022 15, 2023 15, 2024 15, 2025
* Costs include program administration, wages, benefits, travel, and operating costs
** Costs for the delivery of risk management services will be reviewed in year three and
adjusted based on the number of risk management plans required
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