HomeMy WebLinkAbout21 193 Bruce Power L.P. Funding Assistance Agreement Amendment (2021) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 193
BEING A BY-LAW TO AMEND BY-LAW 2008-023: BEING A BY-LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT BETWEEN BRUCE POWER
L.P. AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FOR FUNDING ASSISTANCE FOR NUCLEAR EMERGENCY
PREPAREDNESS
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
Section 8 (1) and 9 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 considers
appropriate and to enhance the municipality’s ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Emergency Management and Civil Protection Act, R.S.O.
1990, c. E.9 Section 8 states that the Lieutenant Governor in Council shall
formulate an emergency plan respecting emergencies arising in connection with
nuclear facilities, and any provisions of an emergency plan of a municipality
respecting such an emergency shall conform to the plan formulated by the
Lieutenant Governor in Council;
AND WHEREAS Section 2.1 (1) of the said Act states that every municipality
shall develop and implement an emergency management program which
includes an emergency plan;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine,
with the passage of By-law No. 2008 - 023 and amended by By-laws No. 2013 –
070 and 2017-175 entered into an Agreement with Bruce Power L.P for funding
assistance to help cover the costs connected with the Nuclear Emergency Plan
Program;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary to amend By-law No. 2008 – 023;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
amending agreement with Bruce Power L.P., to provide a share of funding to
the Nuclear Emergency Plan Program in accordance with terms and
conditions outlined in the agreement attached hereto as Schedule ‘A’ and
forming part of this by-law.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
execute, on behalf of The Corporation of the Municipality of Kincardine, the
Agreement with Bruce Power L.P. attached to this by-law.
3. This By-law shall come into full force and effect upon its final passage.
Page 2 of 2
Bruce Power L.P. Funding Assistance Agreement Amendment (2021) By-law
By-law No. 2021 - 193
4. This By-law may be cited as the “Bruce Power L.P. Funding Assistance
Agreement Amendment (2021) By-law”.
READ a FIRST and SECOND TIME this 13th day of December, 2021.
READ a THIRD TIME and FINALLY PASSED this 13th day of December, 2021.
Mayor Clerk
This Is Schedule' A "to By-law
THIRD AMENDING AGREEMENT No,, Iq3 passed the 13 day
of 1b cerr. r 202:
• BETWEEN:
BRUCE POWER L.P. ("Bruce Power")
-and-
MUNICIPALITY OF KINCARDINE (the "Municipality")
Effective Date: January 1, 2022
RECITALS
I. Bruce Power and the Municipality entered into:
a) the Amended and Restated Nuclear Emergency Preparedness Agreement, dated
as of December 14, 2007 with an effective date of January 1, 2007;
b) the Amending Agreement, dated as of April 25, 2013; and
c) the Second Amending Agreement, dated as of January 24, 2018
(together, the "Agreement").
• II. The Parties wish to further amend the Agreement upon the terms and conditions set out
in this Third Amending Agreement.
In consideration of the mutual promises of this Third Amending Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties
agree as follows:
1. Acknowledgement:
The Parties acknowledge that the funding amount for 2021 per subsection 3.1 of the
Agreement is up to $115,846.63, and that the annual funding amount shall continue to
adjust each year during the term of the Agreement in accordance with the CPI
adjustment mechanism set out in subsection 3.1 of the Agreement.
2. Amendments:
Upon execution of this Third Amending Agreement by the Parties, the Agreement is
amended as follows:
• a) Subsection 15.1 of the Agreement is replaced with the following:
"Notices: Any formal notice required by this Agreement shall be deemed
properly given if faxed with confirming receipt from recipient, sent by registered
mail or courier, or transmitted by electronic communication at the address/email
below:
On behalf of the Municipality, to:
1
Municipality of Kincardine 1475 Concession 5, RR#5
Kincardine, ON N2Z 2X6
• Attention: Municipality of Kincardine Clerk
Facsimile No.:(519) 396-3033
Email: clerk@kincardine.ca
On behalf of Bruce Power, to:
Bruce Power
P.O. Box 1540, B11
177 Tie Road
Municipality of Kincardine, RR#2
Tiverton, ON NOG 2T0
Attention: Steve Thompson
Facsimile No.: (519) 361-5588
Note: If notice is sent to Bruce Power via facsimile, then the
Municipality shall also email Steve Thompson immediately
following the facsimile transmission to advise facsimile sent and
provide the following facsimile location: copier 6005, B11, Office
A132
• Email: steve.thompson2(cr�brucepower.corn
With a copy to:
Attention: Chief Legal Officer
Facsimile No.:(519) 361-4333
Email: generalcounsel(c�brucepower.com
Any such notice if delivered to address or email, shall be deemed to have been
given and received on the date on which it was received at such address. Any
notice transmitted by facsimile shall be deemed to have been given and received
on the next Business Day.
Either Party may change its representative specified above by giving notice to
the other Party."
b) Subsection 15.2 of the Agreement is replaced with the following:
• "Day to Day Contact Information: Any verbal or written correspondence
regarding day-to-day activities between Bruce Power and the Municipality shall
be addressed as follows:
On behalf of the Municipality, to:
Attention: Shane Watson
Phone No.: (519) 396-2141, extension 4
Email: swatson@kincardine.ca
2
On behalf of Bruce Power, to:
• Attention: Steve Thompson
Phone No.: (519) 361-2673, extension 16380
Facsimile No.: (519) 361-5588
Note: If notice is sent to Bruce Power via facsimile, then the
Municipality shall also email Steve Thompson immediately
following the facsimile transmission to advise facsimile sent and
provide the following facsimile location: copier 6005, B11, Office
A132
Email: steve.thompson2(a�brucepower.com
Each of the Parties shall notify the other in writing upon any change in persons
mentioned in this subsection 15.2."
c) Schedule A of the Agreement is replaced with Schedule A set forth in Exhibit 1 to
this Third Amending Agreement.
**Remainder of page left blank**
4111
The Parties have, by their duly appointed representatives who each have the authority to bind
the parties, execute this Third Amending Agreement effective as of December 1, 2021.
•
MUNICIPALITY OF KINCARDINE BRUCE POWER., by its general partner,
Bruce Power Inc
By: By:
/4/1✓
Name: G rc`( Cy(L, (' Name: Mike Rencheck
Title: Nit 0,`c,( Title: residen and Chief Executive Officer
By: J a. By: ✓GJ
Name: FZo X 011 f:�c,unn ono u, ) Name: 6rian Hilbers
Title: cA0 Title: Vice President, Strategy&Chief Legal and
Risk Officer
BRUCE POWER
LAW DIVISION
Name:JK
Date: Dec 10,2021
•
•
4
EXHIBIT 1
• [See next page]
•
5
SCHEDULE A
• KEY DELIVERABLES OF MUNICIPALITY
Set out below are the deliverables that the Municipality must complete to receive full Funding
under the Agreement.
The Provincial Nuclear Emergency Response Plan ("PNERP") identifies the Municipality of
Kincardine as the Designated Municipality in the detailed planning zone. The PNERP provides
the basis for the deliverables outlined in this Agreement. Funding set out in the Agreement is to
support the Municipality's resourcing requirements to address the planning and response
aspects related to the nuclear safety impacts on the public resulting from the operation of the
Bruce Power nuclear assets.
Required deliverables:
1. Annual Emergency Management Program
The Municipality of Kincardine shall maintain the municipal standards set out in the Emergency
Management and Civil Protection Act ("EMCPA") Ontario Regulations 380/04 Standards. This
includes designating an employee as the Community Emergency Management Coordinator
("CEMC") and another employee as the alternate CEMC, in the event the CEMC is unavailable
for response.•
The CEMC will prepare an annual emergency management program schedule ("EMP
Schedule") and must
identify, by quarter the following:
• drill and exercise schedule, including the public alerting tests and off-site centre drills;
• the Emergency Management Coordinating Committee ("EMCC") meetings;
• the training schedule for those Municipal employees who require training under
Applicable Law; and
• Emergency preparedness activities.
The EMP Schedule will be published and distributed no later than January 31st, of the current
year. Revisions of the EMP Schedule to be included with bi-annual reports as required.
2. Meetings
The Municipality shall:
• ensure that the EMCC and sub-committee meetings are held as required by Applicable
Law, with a minimum of 2 EMCC meetings per year;
• send out meeting agendas to committee members no later than 2 weeks prior to the
meeting
date;
• • send out meeting minutes to committee members no later than 4 weeks after meetings
have been conducted; and
• ensure that a Bruce Power representative is on the EMCC;
• conduct an annual meeting between Bruce Power Emergency Management Department
representative(s), the Municipality's CEMC and applicable Municipality management for
the purpose of reviewing program performance and developing corrective actions as
required;
Sch A - 1
• ensure the CEMC attends meetings as required including the Nuclear Emergency
Management Coordinating Committee; and
• • establish and attend regular meetings with Bruce Power emergency management
department representatives at least quarterly but as governed by the established
schedule.
3. Municipal Emergency Preparedness
The Municipality shall:
• have a CEMC who is 24/7 on-call and have an alternate maintain the same on-call
availability to cover vacations if required, medical leaves, illness and so forth;
• prepare/revise plans and procedures as required under the EMPCA and PNERP;
• coordinate and conduct training of Municipal emergency response and support staff
including associated partners such as utility companies, Non-Governmental
Organizations as required;
• maintain Municipal emergency equipment and facilities in a state of readiness by
performing regular checks and correcting deficiencies; and
• to the extent that nuclear emergency planning requirements extend beyond the
boundaries of Kincardine, the Municipality will be responsible to ensure that neighboring
municipalities are adequately supported in their nuclear emergency planning.
For clarity, communication and coordination of nuclear emergency planning within Bruce
County' is the responsibility of the Municipal CEMC position. This work shall be conducted
• through the EMCC or the Bruce County CEMC Committee and Bruce Sector CEMC Committee.
4. Drills/Exercises and Training
The Municipality shall:
• coordinate and conduct emergency centre drills and exercises including the public
alerting tests and off-site centre drills as per Municipality of Kincardine emergency
response plan; and
• coordinate the planning and preparation of the municipal drills/exercises for the
designate and host municipalities including exercise objectives, scenario development,
agency participation, timeline, message cards, emergency facility availability, and
readiness, etc. Coordinate and conduct appropriate training and briefings for applicable
external agencies and designate and host municipal emergency response and support
staff regarding their roles and responsibilities.
5. Public Education
The Municipality shall:
• conduct public education initiatives reaching the population within the automatic action
zone and detailed planning zone to raise awareness of the possible hazards and what to
do in the event of a nuclear emergency; and
• • include radiological risks in the Municipality's general public education program.
6. Reporting and Administration
The Municipality shall:
• support the CNSC audit process as applicable;
1 "Bruce County" is comprised of eight municipalities: Town of Saugeen Shores; Municipality of Kincardine;
Municipality of Brockton;Town of South Bruce Peninsula; Township of Huron-Kinloss; Municipality of Arran-Elderslie;
Municipality of South Bruce; and Municipality of Northern Bruce Peninsula.
SchA - 2
• shall provide a bi-annual report using the following format to detail the following:
1. Annual Emergency Management Program
2. Meetings
3. Municipal Emergency Preparedness
4. Drills/Exercises and Training
5. Public Education
6. Reports and Administration including:
A. documentation - plans and procedures status i.e., documents requiring revision
and target date for completion of revisions;
B. Municipal emergency response and support staff training including planned dates
for training sessions, number of training sessions conducted, number of
Municipal operations center staff trained, number of municipal, county and
provincial off-site center staff who have received training/orientation;
C. emergency centre facility and equipment readiness including report on type and
frequency of facility/equipment checks performed and report on deficiencies
found and corrective actions taken;
D. drills and exercises performance report including when was it conducted, what
was the scenario and scope, what organizations attended, list of finding and
opportunities for improvement and report on status as applicable; and
E. public education update report including report on nuclear public education sub-
committee meetings, report on public education conducted including dates,
location and medium of education and report on public education Initiatives.
•
SchA- 3