General Information

If you have any questions or would like to see the original documents, please contact the Clerk, Josée Brizard, by phone at 613-764-5444 extension 235, or by email.

The Nation Municipality will provide, on request, information in an accessible format or with communication support in a manner that takes into account their disability.

The following by-laws of public interests are for information purposes only. While every effort was taken to ensure the accuracy of the documents, the following documents do not supersede the original by-laws.

Whereas most of the following by-laws are available only in English, we are currently working on translating by-laws of public interests. The Nation Council members have made a commitment to earmark funds annually for translating by-law starting in 2019 (resolution 249-2018).

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By-laws

Corporation of The Nation Municipality

By-law # 31-2021

Being a by-law of The Nation Municipality respecting animal care and control.

WHEREAS the Municipal Act 2001, S.O. 2001, c25, section 11(3)9, assigns the sphere of jurisdiction of Animals to lower-tier municipalities; and

WHEREAS the Municipal Act 2001, S.O. 2001, c25, Section 8(3), provides that a by-law under section 11 respecting a matter may:

a) Regulate or prohibit respecting the matter;

b) Require persons to do things respecting the matter; and,

c) Provide for system of licenses respecting the matter; and,

WHEREAS the Animals for Research Act, R.S.O., 1990, section 20, provides for rules and regulations that must be followed for the keeping of dogs in a municipal pound; and

WHEREAS the Pounds Act, R.S.O., 1990, c. P. 17, applies to every local municipality in Ontario and regulates the running at large, owners liability and impounding of large domestic farm animals; and

WHEREAS the Health Protection and Promotion Act, R.S.O., 1990, c.H.7, Section 19, provides for the isolation of animals suspected of being carriers of rabies, at municipal expense; and

WHEREAS the Dog Owners Liability Act R.S.O., 1990, Chap. D 16, provides for rules and regulations that must be followed for the keeping of dogs; and

WHEREAS it is considered desirable to pass a by-law relating to animal control within The Nation Municipality; now therefore be it

RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE NATION MUNICIPALITY ENACTS AS FOLLOWS:

Definitions

  1. In this by-law:

“animal” means any member of the animal kingdom, other than a human; without limitations. Animal shall include mammals, birds and reptiles.

“Animal Control Tribunal” means the person appointed by Council holding the position of chair for the purpose of animal control tribunal hearings;

“at large” means found in a place other than a property owned or occupied by its owner and not under control of any competent person and not leashed in accordance with the provisions of this by-law;

“attack” means,

a) a menacing behavior or apparent attitude of attack including but not limited to growling or snarling toward a person or a domestic animal;

b) an assault  resulting  in  bleeding,  bone  breakage,  sprains,  scratches  or bruising, or

c) aggressive behavior resulting in physical contact and damage to clothing worn by the person or domestic animal; or,

d) behavior that poses a menace to the safety of persons or domestic animals; and,

“attacked” or “attacking” have a corresponding meaning.

“bite” means wound to the skin causing it to bruise, puncture or break;

“cat” means a female or a male domesticated cat, whether spayed or neutered;

“Corporation” means the Corporation of the The Nation Municipality;

“Council” means the Council of the The Nation Municipality;

“Manager” means the person occupying the position of Manager of the Bylaw Department of the The Nation Municipality or authorized assistants;

“dog” means a canine of any breed of domesticated dog, or cross breed domesticated dog ; female or male whether spayed or neutered;

“domestic animal” includes a dog, cat or similar animal kept as a pet which is generally understood to be domesticated and is typically kept indoors at a dwelling unit;

“dwelling unit” shall mean a residential unit located in a building or structure, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities;

“fenced yard” means a yard which is completely enclosed by a fence provided the walls of a continuously occupied building are considered as portions of the required fence, provided that all doors in such walls are equipped with locks and that all doors providing access to the fenced yard are locked when the vicious dog is inside the fenced yard;

“finish grade” shall mean:

a) When used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building;

b) When used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure;

c) When used with reference to a street, road or highway, the elevation of the street, road or highway established by the Corporation or other designated authority.

“keep” means to have temporary or permanent control or possession of an animal, and the words “kept” or “keeping” have a similar meaning;

“license” shall mean a license issued under this by-law;

“livestock” includes any domestic fowl (including chickens, geese, ducks, turkeys, guinea fowls, etc.), fur-bearing animals, horses, donkeys, mules, bulls, oxen, cows or other cattle, goats, swine, sheep, llamas, minks, foxes, emus or ostriches, or the young, or any other exotic birds;

“Medical Officer of Health” means the Medical Officer of Health for Eastern Ontario or authorized assistants or persons acting under his or her authority;

“microchip” means an approved ‘Canadian Standard’ encoded identification device implanted into an animal, which contains a unique code that permits or facilitates access to owner information, including the name and address of the owner, which is stored in a central data base;

“Municipality” means The Nation Municipality;

“Municipal Law Enforcement Officer” means a person appointed by Council as a Municipal Law Enforcement Officer to enforce the provisions of the by-law;

“muzzle” means a humane fastening or covering device of adequate strength placed over the mouth of an animal to prevent it from biting and the words “muzzled” and “muzzling” have  corresponding meanings;

“operator of the livestock pound” means any one of the livestock handlers appointed by by-law,

“owner” means any person who possesses or harbors an animal, and where the owner is a minor, the person responsible for the custody of the minor, and includes a person who is temporarily the keeper or in control of the animal and the word “owns” has a similar meaning;

“park and recreation area” means any parcel of land owned, rented or maintained by The Nation Municipality, the South Nation River Conservation Authority and any land designated and used as a playground, sports center, foot path, pathway, splash pad or for any type of active or passive public recreation;

“pet store” means a place of business where live animals are sold or kept for sale as pets;

“petting zoo” means a collection of animals that children may pet and feed and that are not prohibited animals;

“play structure” means a swing, slide, spring-mounted riding toy, climbing equipment, play house, sand box or teeter-totter, and the sand-filled area maintained under the play structure, if any.

“pound” means the premises of The Nation Municipality, which is used for the temporary housing and care of animals that have been impounded pursuant to this by-law or provincial Act;

“pound operator” means any of the Municipal Law Enforcement officers of The Nation Municipality.

“premises” means a building or part of a building or a place;

“premises of the owner” includes premises where a dog is habitually harbored or fed;

“prohibited animals” means the animals identified in Schedule A;

“property” means a parcel of land and any buildings or structures on the land;

“protective care” means the temporary, time-limited keeping of an animal by The Nation Municipality as a result of an eviction, incarceration or fire or medical emergency;

“redemption period” means the period of time within which the owner of a dog which has been impounded pursuant to this by-law has the right to redeem it.

“running at large” shall mean found in any place other than the property of the owner of the dog or on the property of a person who has consented to it being on his land and not under the control of any competent person and not leashed in accordance with the provisions of this by-law;

“rural area” shall mean an area of land outside the village boundaries as identified in the official plan of The Nation Municipality as amended, or undeveloped areas within village boundaries;

“service animal” means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-

“impaired, or a special skills dog for other disabled persons and includes an animal used in therapy, registered with a recognized organization for that purpose;

“splash pad” means a splash pad, used for children play, whether or not there is water and includes the concrete or asphalt decking;

“sterilized” in respect to a dog or cat means being either spayed or neutered;

“tether” means a rope or chain or similar restraining device that prevents an animal from moving away from a localized area and the words “tethered” and “tethering” have a similar meaning;

“trespass” means, in the case of an animal, to enter or remain on a privately- owned property other than a property owned or occupied by its owner without the express permission of the owner or occupant of that property, and “trespassing” has a corresponding meaning;

“under control of its owner” means, in the case of an animal, being kept on a leash or lead or being physically restrained by some other effective method by its owner or by another competent person acting on the owner’s behalf;

“urban area” means and includes the villages of Limoges, St-Albert, and St-Isidore, delimited as per The Nation Municipality official plan as amended;

“vicious dog” means:

a) any dog with a known propensity, tendency or disposition to attack without provocation a person or a domestic animal; or

b) any dog which  as  bitten  another  domestic  animal  or  person  without provocation

“wading pool” means a wading pool, used for children play, whether or not there is water and includes the concrete or asphalt decking;

“working dog” means a dog that is trained specifically to assist police and other law enforcement personnel in their work.

“without provocation” means in the absence of teasing, tormenting, abusing or assaulting actions upon the dog, or its owner, either in the past or the present, by the person or domestic animal, who sustained the bite or attack.

Interpretation

2.

a) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.

b)Where a situation arises, that is not covered by a specific regulation or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.

Care of Animals

Responsibility to Care For Animals

  1. Every person who keeps an animal within The Nation Municipality shall ensure that such animal is provided with:
    1. a clean and sanitary environment free from an accumulation of fecal matter,
    2. adequate and appropriate care, food, water, shelter, veterinary care and opportunity for physical activity, as may be required to meet the needs of the species.
    3. a shelter that is adequate and appropriate for its size and breed, is waterproof and protects it from exposure to the elements.

Tether

4.

a) No person shall keep an animal tethered on a rope, chain or similar restraining device unless:

i) the tether is of appropriate length for the species tethered,

ii) the animal has unrestricted movement within the range of such tether,

iii) the animal has access to water, food and shelter while tethered,

iv) the animal cannot injure itself as a result of the tethering

b) Despite clause (i) of subsection (a), in the case of dogs, the tether shall be a minimum of three (3) meters in length provided that the tether does not permit the animal to go beyond the limits of the person’s property.

c) Despite subsection (a), no person shall keep an animal tethered where a choke collar, a choke chain or a pronged collar forms part of the tether.

Keeping Animals Under Sanitary Conditions

5.

(a)   Every person who keeps an animal within The Nation Municipality shall ensure that such animal is not kept under conditions where an accumulation of fecal matter, odor, insect infestations or rodent attractants disturb or are likely to disturb the enjoyment, comfort, convenience of a person or may endanger the health of any person or animal.

(b)  Subsection (a) does not apply to livestock kept in accordance with the provisions of section 63 of this by-law.

Protective Care

6. The Manager is authorized to:

a) receive animals pursuant to an eviction, incarceration, fire or medical emergency, or for any other situation that the manager deems appropriate,

b) temporarily keep such animals for a maximum of five (5) days,

c) charge the owner the current release fees and all costs for required veterinary medical care, when the animals are redeemed, and

d) at the end of the five (5) day protective care period, unless other arrangements are agreed to between the owner and The Nation Municipality, treat such animals as day-one impounded animals.

Animals in Vehicles

7. No person shall allow an animal to be outside of the passenger cab of a motor vehicle on a roadway, regardless of whether the motor vehicle is moving or parked.

8. Notwithstanding section 9, a person may allow an animal to be outside the passenger cab of a motor vehicle, including riding in the back of a pick up truck or flat bed truck if the animal is:

a) in a fully enclosed trailer, provided with ventilation;

b) in a topper enclosing the bed area of a truck provided with ventilation;

c) contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or

d) securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in danger of strangulation and cannot reach beyond the outside edges of the vehicle.

9. No person shall leave an animal inside a vehicle if the weather conditions are not suitable for the animal to remain free from distress or injury.

10. A Municipal law enforcement officer who has reasonable grounds to believe that an animal left in a vehicle is in imminent danger may take steps to remove the animal from the

Running At Large

  1. For the purposes of this by-law, a dog shall be deemed to be running at large if it is found not under control of the owner unless the dog is on lands of its owner or a person who has consented to it being on his land.
  2. No owner of a dog shall permit the dog to run at large in The Nation Municipality.
  3. Every owner of a dog shall ensure that the dog is kept on a leash having a length of not more than 2.4 meters and under the direct physical control of a person when the dog is on any land in The Nation Municipality unless:

a) the land is the premises of the owner of the dog,

b) the land is owned by a person who has given prior consent to the dog being off the leash, or

c) the land is parkland that is:

i) owned by The Nation Municipality, and designated as an off-leash dog park;

ii) not designated by sign as an area where dogs are prohibited.

  1. No owner of a dog shall control a dog by means of a leash that:

a) is not held by the person in his or her hand, or

b) is not securely affixed to some immovable structure from which the dog cannot escape.

15. Sections 7, 8, 11, 12, 13 and 14 inclusive shall not apply to police working dogs, during the course of fulfilling their duties.

Impoundment

16. A Municipal Law Enforcement Officer may seize any dog that is found running at large in The Nation Municipality and may cause such dog to be delivered to the pound.

17. A Municipal Law Enforcement Officer, or any person or agency acting under his authority, may use necessary force to stop a dog that is running at large if:

a) he reasonably believes the dog is likely to cause imminent harm to any person or animal; or

b) the dog is injured or should be destroyed without delay for humane reasons, and no damages or compensation shall be recovered on account of such disposition.

18. Any person may seize any dog that is found trespassing or running at large in The Nation Municipality and shall surrender such dog to the Bylaw enforcement department.

19. A dog seized pursuant to Section 16 or 18 shall be considered impounded at the time and place when it comes under the control of the Municipal Enforcement Officer or person.

20. The operator of the pound to which any dog seized or found pursuant to this by-law has been delivered shall:

a) impound such dog, and

b) make reasonable efforts to determine the identity of the owner of such dog and to inform such person that the dog has been impounded.

  1. The operator of the pound shall keep any impounded dog for a redemption period of three (3) days, excluding:

a) the day on which the dog is impounded

b) statutory holidays, and

c) days on which the pound is not open

  1. During the redemption period, the operator of the pound shall:

a) provide such veterinary care for an injured or ill impounded dog as may be necessary to sustain its life, and

b) be entitled to recover from the owner, the cost of veterinary care provided while the dog was impounded, in addition to any other fees due to The Nation Municipality for redemption of the dog,

(b)    During the redemption period, a veterinarian may euthanize an impounded seriously injured or ill dog without delay, when in the opinion of the veterinarian, such actions are warranted for humane reasons.

  1. During the redemption period, the owner of a dog impounded pursuant to this By- Law may obtain release of such dog provided that the owner:

a) pays the redemption fee,

b) provides evidence that the dog is registered with The Nation Municipality pursuant to Section 7 of this by-law or, if not, obtains such registration and pays the registration fee.

  1. After the expiration of the redemption period, the operator of the pound, where a dog has been impounded pursuant to this by-law, may:

a) release the dog to its owner upon compliance with the requirements for release, prescribed in Section 23, or

b) keep, sell or dispose of the dog, subject to the provisions of the Animals for Research Act, R.S.O. 1990, Chap. A.22, as amended.

  1. Whenever a dog impounded pursuant to this by-law is released to its owner pursuant to Section 23 or Section 24, a record of such release shall be kept by the operator of the pound.

Dog Bites

  1. No owner of a dog shall permit his dog to bite or attack without provocation, a person, a domestic animal, domestic bird or livestock.
  2. Where a Municipal Law Enforcement Officer is informed upon complaint and confirms that a dog is vicious, the Officer shall serve notice upon the owner of the vicious dog, requiring the owner to comply with any or all of the requirements set out in Sections 28 and 29 of the by-law.
  3. Every owner of a vicious dog shall at all times when the vicious dog is not in the owner’s dwelling unit but otherwise within the boundaries of the owner’s land, ensure that:

a) the vicious dog is muzzled so as to prevent it from biting a person or domestic animal, and;

b) the vicious dog is securely leashed to the owner of the dog by means of a leash or chain not exceeding 2.4 meters (8 feet) in length;

c) the vicious dog is contained within an enclosed area, including a fence of an appropriate height for the breed of that dog, or in a manner such that the vicious dog is unable to come into contact with persons or other animals. Gates in such an enclosure shall be securely closed at all times when the dog is in the enclosure.

  1. Every owner of a vicious dog shall at all times when the vicious dog is not within the boundaries of the owner’s lands,

a) keep the vicious dog under the effective control of a person sixteen (16) years of age or older and under leash, such leash not to exceed two (2m) meters in length, and

b) keep the vicious dog muzzled.

  1. Every owner of a vicious dog shall notify a Municipal Law Enforcement Officer within two (2) working days of any change in ownership or residence of the vicious dog and provide the Officer with the new address and telephone number of the owner.

Appeals

  1. Where the owner of a vicious dog is informed that he or she must comply with sections 28 and 29 of the by-law, the owner is entitled to a hearing by the Animal Control Tribunal who may exempt the owner from the muzzling or leashing requirement or both such requirements.
  2. Where the owner of a vicious dog requests in writing to the Manager a hearing by the Animal Control Tribunal, the request must be provided:

a) within fourteen (14) days of receiving the notice to comply, or

b) at any time after the Animal Control Tribunal has confirmed the muzzling or keeping requirement, or both, if the circumstances respecting the vicious dog have changed, the manager shall advise the Chair to the Animal Control Tribunal of the request for a hearing and obtain a hearing date.

  1. Upon determination of the hearing date, the manager shall give notice in writing to the owner of the vicious dog, said notice to:

a) include a statement,

i) as to the time, date, place and purpose of the hearing, and

ii) that if the owner of a vicious dog does not attend the hearing, the Tribunal may proceed in his or her absence and he or she will not be entitled to any further notice, and

b) be served personally or by registered mail to the owner of the vicious dog at his or her address last on file with the manager.

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a) The Animal Control Tribunal shall hold the hearing pursuant to the provisions of the Statutory Powers Procedure Act, R.S.O. 1990, Chapter S.22, as amended at the time, date and place set out in the notice to comply.

b) The Nation Municipality shall be represented at the hearing by either the Manager or Solicitor, or the assistant who is entitled to adduce evidence and submit arguments.

c) The owner of the vicious dog may, at the hearing,

i) be represented by counsel or an agent,

ii) call and examine witnesses and present his or her arguments and submissions, and

iii) conduct cross-examination of witnesses reasonably required for a full and fair disclosure.

d) The Animal Control Tribunal may:

i) exempt the owner of the vicious dog from the muzzling or keeping requirements, or both, or

ii) confirm the muzzling or keeping requirement, or both, or

iii) vary the muzzling and /or keeping requirements

e) The Animal Control Tribunal shall give its decision in writing to the manager within seven (7) days of the date of the completion of the hearing.

f) The manager, in receipt of the decision referred to in subsection (e), shall forthwith notify the owner of the vicious dog of the decision by serving a copy personally or by registered mail to:

i) the owner of the vicious dog at the address last known by the manager, or

ii) the counsel or agent of the owner of the vicious dog, if any, at his or her address as stated to the Animal Control Tribunal .

g) All Hearings shall be public hearings unless the owner of a vicious dog requests that the hearing be held in camera.

h) The Animal Control Tribunal`s decision shall be final and binding.

i) A request from the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirements.

  1. Sections 26 to 30 inclusive shall not apply to police working dogs during the course of fulfilling their duties.

Stoop and Scoop

  1. Every owner of a dog shall immediately remove any feces left by the dog in The Nation Municipality:

a) on a highway or roadway;

b) in a public park, recreation area, or conservation area

c) on any public property, or

d) on any private property other than the property of,

i) the owner of the dog, or

ii) the person having care, custody or control of the dog.

37. Every owner of a dog shall dispose of any feces removed pursuant to Section 36 on his or her premises.

  1. Every owner of a dog shall remove from his or her property, in a timely manner, feces left by such dog, so as not to disturb the enjoyment, comfort, convenience of any person in the vicinity of the property.
  2. Section 36 does not apply to a handler of a working dog, while engaged in a work activity or to a service animal where the handler is unable to remove the excrement left by such dog due to a physical disability or impediment.
  3. Section 36 does not apply to a blind or visually impaired handler of a service animal/working dog if the feces were left while the dog was off the premises of the handler and during the course of fulfilling its duties.

Dogs in Parks

  1. No owner of a dog shall have a dog on park or recreation area, or any part thereof that is designated by sign as an area where dogs are prohibited.
  2. No owner of a dog shall have a dog on park or recreation area, or any part thereof, where the dog is within five (5 m) meters of:

a) a play structure,

b) a wading pool, or

d) a splash

  1. Despite Section 42, an owner of a dog may have a dog that is kept on a leash on an asphalt path on part of a park or recreation area that is within five (5) meters of a play structure, a wading pool, or a splash pad provided that the park or recreation area is not designated by sign as an area where dogs are prohibited and the owner moves along the asphalt path without stopping.
  2. The owner of a dog shall keep a dog on a leash while on park or recreation area, or any part thereof, unless such park or recreation area is designated such that dogs may be kept off-leash, providing that the person in control of such dog shall keep such dog in sight and under voice control at all times, and shall promptly leash such dog when confrontations with humans or other animals may potentially develop.
  3. Sections 41 to 44 inclusive shall not apply to a service animal/working dog when accompanied by its

Number of Dogs Restricted

  1. No person shall keep, in or about a dwelling unit within The Nation Municipality more than three (3) dogs over twenty (20) weeks of age unless such premises are:

a) licensed by The Nation Municipality as a boarding kennel, in home breeding kennel, recreational kennel or pet shop ;

b) registered with The Nation Municipality as premises where dogs are receiving temporary foster care, or

c) an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended.

Dogs Barking

  1. No person shall permit a dog to bark in a persistent manner so as to disturb the peace or quiet of any residence or any person in the vicinity.

Kennels

  1. This By-law applies to all persons and to the licensing of dog kennels referred to in this By-law within The Nation Municipality.
  2. No person shall keep or harbor more than 3 dogs except where they are kept in a kennel located in accordance with the provisions of the By-law, regulations within the applicable zoning By-law and all applicable law.
  3. No person shall keep a kennel for breeding or boarding of dogs without first having received a kennel license from the municipality.
  4. Every kennel license shall expire on the 31st day of March following the date it is issued unless it is renewed for one or more further one year terms. No such license may be renewed except in accordance with the provisions of this and all relevant By-laws and Regulations. License fees shall be in accordance with Schedule “B” attached to and forming part of this By-law.
  5. In the event of the death of a person to whom a kennel license has been issued under the By-law, that license shall be deemed to have been granted to his personal representative and shall be subject to the provisions of this By-law with respect to revocation thereof or otherwise.
  6. Where an owner or operator of a kennel fails to comply with the Animal Care and Control By-law of The Nation Municipality, the license may be suspended or revoked.
  7. No kennel shall be erected or maintained unless approval has been obtained from the manager.
  8. Every person who owns and/or operates a kennel shall comply with the requirements set out in the “Code of Practice for Canadian Kennel Operations”.
  9. No kennel structure, or part thereof, shall be used for human habitation.
  10. Every person who owns and/or operates a kennel shall permit a Municipal Law Enforcement Officer, The OSPCA, Animal Welfare Investigators, the Chief Building Official or his/her designate under the Building Code Act, or such other persons as may be appointed by council to enter and inspect the kennel at all reasonable times, upon production of proper identification, for the purposes of determining compliance with this By-law.
  11. Notwithstanding the above, the granting of a kennel license shall not be refused under this By-law for reasons only of the location of such building where such building was being used as a kennel for the breeding or boarding of dogs prior to the coming into force of this By-law.

Rabies

Rabies Immunization

  1. Every owner of a dog three (3) months of age or over shall ensure that the dog is duly immunized against rabies and that the immunization is current.
  2. Section 59 shall be enforced by the Medical Officer of Health pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended.

Rabies Suspects

  1. Every owner of a dog in the The Nation Municipality which is suspected of having been exposed to rabies, or which has bitten, scratched or had other contact which may result in rabies in a person shall, at the discretion of the Medical Officer of Health, an animal may be held in quarantine on the premises of the owner, or at the owner’s expense in a veterinary hospital or licensed kennel of the owner’s choice.
  2. Section 61shall be enforced by the Medical Officer of Health pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended.

Livestock

  1. (a) No person shall keep livestock in any area of The Nation Municipality unless the area is zoned for that purpose or on land which is lawfully used for that purpose.

 

  1. Subsection (a) shall not apply to the areas known as:

i) the property of The Nation Municipality where the pound is located;

ii) the premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act R.S.O. 1990, Chapter V.3, as amended;

iii) any area lawfully used for a travelling show, petting zoo, or other like shows;

iv) any area lawfully used as a zoo; and

v) any premises lawfully used as a slaughterhouse or abattoir.

  1. (a) For the purposes of this by-law, livestock shall be deemed to be running at large if found in any place other than the premises of owner of the livestock and not under the control of any person.

(b) No owner of livestock shall permit any livestock to run at large in The Nation Municipality.

  1. The operator of the livestock pound shall, at the municipality’s request, seize and confine any livestock running at large in the The Nation Municipality.
  2. Any livestock in the care of the operator of the livestock pound shall be retained, released and, where appropriate, sold in accordance with the Pounds Act, R.S.O. 1990, Chapter P.17, as amended.
  3. The owner of any livestock found running at large shall be liable for all damages caused by such livestock and for the expenses, if any incurred by the operator of the livestock pound.

Pigeons

  1. No person shall keep pigeons or doves or both (hereinafter referred to in this Section as “birds” within the boundaries of the Villages of Limoges, St-Albert, St-Isidore or any lands zoned “Rural Residential (RU)” in The Nation Municipality Zoning by-law.
  2. (a) Despite Section 68, a person who is keeping pigeons or doves(birds) on the date this by-law comes into force, shall be permitted to keep such bird provided that:

i) the bird is kept in an environment which is appropriate for the species, and

ii) the owner shall provide his or her name, address and phone number within ninety (90) days of the date that the by-law comes into force.

iii) the information provided will be maintained on file at The Nation Municipality.

(b) The burden of proving the exemption from Section 68 is upon the person making the assertion, of which written notice to the manager as provided in subsection (a) shall be sufficient proof.

  1. Pigeons or doves or both shall be kept only in Agricultural zones except properties used primarily for residential purposes unless

a) the owner of the birds is a member of a recognized racing or homing pigeon club, which is affiliated with a national pigeon association,

b) the birds are not kept in, upon, or under any building used for human habitation,

c) the birds are kept in a loft of sufficient size to house all birds, which shall provide a minimum space of 1.0 square meters of loft space for every ten(10) birds, and be so constructed as to prevent escape by the birds,

d) the birds’ loft is located at a distance of not less than seven (7) meters from any adjoining lot line,

e) the maximum number of birds kept by any person on any lot is thirty (30) adult birds,

f) each bird wears a metal or plastic leg band that shall identify the owner of the bird,

g) none of the birds are permitted to stray, perch, roost, nest or rest upon any premises other than on the premises of the owner,

h) any bird afflicted with an infectious or contagious disease is not kept, except in a licensed animal hospital or under conditions of isolation and quarantine approved by the Medical Officer of Health, as applicable, and

i) all lands and premises where the birds are kept, are kept and maintained in a sanitary condition at all times, and all waste materials from said lands and premises are disposed of in a manner that will not create a public nuisance or health hazard.

Rabbits

  1. No person shall keep rabbits in an area of The Nation Municipality where the zoning permits residential land use unless:

a) no more than three (3) rabbits over the age of seven (7) weeks are kept on the lot of any dwelling unit,

b) the rabbits are kept as pets only,

c) the rabbits, if routinely kept outside, are kept in a properly constructed hutch or cage that is so constructed as to prevent escape by the rabbit, and,

d) all lands and premises where rabbits are kept, are kept in a sanitary condition at all times, and all waste materials are disposed of in a manner that will not create a public nuisance or health hazard.

72. Section 71 shall not apply to a person keeping rabbits where such person resides on lands where the livestock facility complies to the zoning by-law as amended.

Prohibited Animals

  1. No person shall keep in The Nation Municipality, either on a temporary or permanent basis, any prohibited animal, as set out in Schedule “A”.
  2. (a) Despite Section 73, a person who is keeping a prohibited animal on the date this by-law comes into force, shall be permitted to keep such animal provided that:

i) the animal is kept in an environment which is appropriate for the species, and

ii) the owner has advised the manager in writing of the number of each species of each animal and his or her name, the approximate age with a clear identification or photograph of each animal.

iii) the owner shall provide his or her name, address and phone number within ninety (90) days of the date that the by-law comes into force.

iv) the information provided will be maintained on file at The Nation Municipality.

b) The burden of proving the exemption from Section 73 is upon the person making the assertion, of which written notice to the manager as provided in subsection (a) shall be sufficient proof.

c) The exemption provided for in subsection (a) is for the life of the animal.

  1. Notwithstanding section 73, no exemption shall apply to the keeping of livestock, and no exemption for livestock shall be available. The provisions of section 63 of this By-law shall apply to all livestock, including livestock, which is being kept on the date this By-law comes into force.
  2. Section 73 shall not apply to:

a) the premises of The Nation Municipal pound;

b) the premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended;

c) the premises of any licensed zoo or exhibit, permanently located in the Township;

d) premises or facilities accredited by the Canadian Association of Zoos and Aquaria (CAZA);

e) the areas of The Nation Municipality in which educational programs are being conducted with animals, provided that the animals are owned by institutions accredited by CAZA or the American Zoo and Aquarium Association, and only while the educational programs are actually conducted, provided that such programs are limited to three days at any one location;

f) premises registered as research facilities pursuant to the Animals for Research Act, R.S.O. 1990.c.A.22;

g) premises where wildlife rehabilitation is being undertaken in accordance with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chapter 41, as amended and associated regulations under the jurisdiction of the Ontario Ministry of Natural Resources; or

h) premises fostering rescued animals under the auspices of organizations, which are exempted under the by-law, are recognized rescue organizations, and provide an educational function as part of their mandate.

Noise From Animals

77.

a) No person shall keep, own, or harbor in The Nation Municipality any animal which makes or causes persistent noises that disturb or are likely to disturb the peace, quiet, rest, enjoyment, or comfort of:

i) any person in the vicinity, or

ii) the neighborhood.

b) Subsection (a) shall not apply to livestock kept in accordance with Section 63 of this by-law.

Offences and Penalties

Offences and Penalty

  1. Any person who contravenes or causes or permits any contraventions of any of the provisions of this by-law is guilty of an offence and upon conviction, is liable to a fine as provided for in the Provincial Offences Act or any successor.
  2. In addition to any penalty imposed and any other remedy, the court in which the conviction had been entered and any court of competent jurisdiction thereafter, may make an order

a) prohibiting the continuation or repetition of the violation by the person convicted; and,

b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

Right of Entry

  1. Every person enforcing this By-law shall have the right of entry on any property or into any building not actually being used as a dwelling for the purpose of carrying out an inspection to determine whether this by-law is being complied with and for the enforcement of this by-law pursuant to section 436 of the Municipal Act, 2001, S.O. 2001,c. 25, as amended from time to time.

Obstruction

  1. No person shall obstruct, hinder or interfere with the manager or his designate in the lawful performance of his duties

Administration

Enforcement

  1. Unless otherwise provided in the by-law, the By-law shall be enforced by the Municipal Law Enforcement Officers of The Nation Municipality.

Validity and Severability

83.

a) Every provision of this by-law is severable and if any provisions of this by- law should for any reason be declared invalid by any court, it is the intention and desire of this Council that the remaining provisions shall remain in full force and effect.

b) Where a provision of this by-law conflicts with the provision of another by- law in force within The Nation Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

c) Nothing in this by-law relieves any person from complying with any provision of any Federal or Provincial legislation or any other by-law of The Nation Municipality.

Short Title

  1. This by-law may be referred to as the “Animal Care and Control By-law”.

Repeal

  1. By-laws No. 139-2015 and 14-2018 of the Corporation of The Nation Municipality will be repealed at the time this by-law comes in effect.

Effective Date

  1. This By-law shall come into force on the day after the set fine order is issued by the Regional Senior Judge of the Ontario Court of Justice.

Read a first, a second and a third time and finally passed on 8th day of March 2021.

Francois St-Amour                                      Josee Brizard

Mayor                                                              CAO-Clerk

 

SCHEDULE “A” PROHIBITED ANIMALS

  1. All protected or endangered animals being all animals, native or non-native, whose possession or sale is prohibited because they are designated as protected or endangered pursuant to an international, federal, or provincial law, regulation, rule or agreement, unless the animal has been obtained in accordance with international, federal or provincial law, as applicable, and if the animal is not identified in this Schedule, and the animal is kept in accordance with this by-law and The Nation Municipality zoning by-law
  2. All venomous or poisonous animals.
  3. The animals listed within the brackets below are included for the purpose of providing common names of some of the animals within the stated order and do not in any way limit the prohibition of all animals within the stated order.

CLASS ORDER COMMON NAMES

Mammals

Antiodactyla

All species purely or partially of the order Artiodactyla (even toed ungulates) (cattles, goat, sheep, pigs, deer, elk hippopotamus, etc.)  Except where the animals are kept as agricultural livestock

Carnivora

All species purely or partially of the order Carnivora (panda, otter, wolves, bears, seals, walruses, coyotes, foxes, hybrid, wolf dogs, tigers, leopards, cougars, lions, lynx, hyaenas, minks, skunks, weasels, otters, badgers, mongoose, civets, genets, coatimundi, cacomistles, raccoons, African wildcats, savannah cat, jungle cat, serval cat, European wildcat, Chinese mountain cat, sand cat, etc.)  Except common domestic dogs, common domestic cats and ferrets

Chiroptera

All  species  purely  or  partially  of  the  order chiroptera (bats, myotis, flying fox, etc.) Edentates Allsepcies   purely   or    partially    of    the   order Edentates (anteaters, sloths, armadillos, etc.)

Lagomorpha

All  species  purely  or  partially  of  the  order Lagomorpha (hares, pikas, etc.)  Except domestic rabbits

Marsupialia

All species purely or partially of the order of Marsupialia (Koala, kangaroo, possum, wallabies, etc.)

Perissodactyla

All  sepcies  purely or  partially  of  the  order  or Perrisodactyla (odd-toes ungulates)

(horses,  donkeys,  jackasses,  mules,  zebras, ponies, rhinoceros, etc.) Except  where  the  animals  are    kept  as agricultural livestock

Primates

All species purely or partially of the order Primates (chimpanzees, gorillas, monkeys, lemurs, etc.

Proboscidea

All species  purely  or  partially  of  the  order Proboscidea (elephants, etc.)

Rodentia

All species purely or partially of the order Rodentia (Porcupines, prairie dogs, etc.)  Except rodents which do not exceed 1,550 grams and are derived from self- sustaining captive populations and are kept as household pets

Reptiles Crocodylia

All species purely or partially of the order Crocodylia (alligators, crocodiles, gavial, caymans, etc.)

Squamata (scaled reptiles)

All snakes which are venomous;

All snakes, which reach an adult length larger than two (2) meters.

All venomous lizards or lizards which reach an adult length larger than two (2) meters, measured from snout to tip of tail.

Testudine

All snapping turtle, alligator snapping turtle but odes not include red eared sliders, box turtles, painted turtles reeves turtles, or wood turtles that are kept as house hold pets.

Birds Anseriformed

All species purely or partially of the order Anseriformes (ducks, geese, swans, screamers, etc.)  Except where the animals are kept as agricultural livestock.

Galliformes

All species purely or partially of the order Galliformed (pheasant, grouse, Guinea fowls, turkeys, chickens, peafowl, etc.)  Except where the animals are kept as agricultural livestock

Struthioniformes

All species purely or partially of the order Struthioniformes (ostriches, rheas, cassowaries, emus, kiwis, etc.)  Except where the animals are kept as agricultural livestock

Falconiformes

All species purely or partially of the order Falconiforms or Raptors (Eagles, hawks, falcons – except those owned by falconers licensed by the Ontario Ministry of Natural Resources, owls, etc.)

Arachnida Arachnid and Chilopoda

All venomous animals within the class of Arachnids or Chilopoda including but not limited to Tarantula, black widow, solifugid, scorpion and all venomous arthropods including but not limited to the centipede.

Other
All poisonous insects, reptiles and amphibians

SCHEDULE “B”

Fees

Licensing fees for dogs
1.1 Kennel/Purebred license: $100.00
1.2 Kennel/Purebred license: $100.00
1.3 Late payment (90 days after anniversary date of registration), $20.00 plus licence fee.

Pound Fees
2.1 Pick-up and impounding: $50.00
2.2 Daily pound fee: $30.00”

Disposing of Animal
3.1 Disposition of Animal Fee – $95.00

Pound Fees

2.1 Pick-up and impounding: $50.00

2.2 Daily pound fee: $30.00

CORPORATION OF THE NATION MUNICIPALITY BY-IAW  NO. 27-2021

OFF ROAD VEHICULES

BEING a By-law to regulate the operation of “Off Road Vehicles” (ORV} within the Nation Municipality and to repeal By-law No. 73-2011.

WHEREAS, the Municipal Act 2001, 5.0. 2001, c25, Section 8(3) provides that a lower tier a nd upper tier municipality may pass by-laws respecting matters concerning highways, including parking and traffic on highways.

And WHEREAS, the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8 provides that a municipality may pass a bylaw for:

  1. Permitting all ORV’s that meet the requirements in Ontario Regulation 316/03 for ORV’s permitted on road, be allowed on municipal highways.
  2. Prohibit ORV’s on some or all highways.
  3. Permit only specific ORV’s on highways.
  4. Prohibit ORV’s at specific hours of the day.
  5. Imposing lower speed limits.

AND WHEREAS all municipalities listed in 0. Reg. 8/03: Local Municipalities where 80 kilometres per hour speed limit applies, permitted off-road vehicles will be allowed by default on municipal highways unless the municipality has an existing by-law that restricts their use or creates a new by-law to prohibit or restrict the use of some or all off-road vehicles;

AND WHEREAS The Nation Municipality is listed in O. Reg. 8/03: Local Municipalities where 80 kilometres per hour speed limit applies.

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

1.       Definitions 

1.1 “All Terrain Vehicles” means A “single rider” all-terrain vehicle (ATV) is designed to travel on four tires, having a seat designed to be straddled by the operator, handlebars for steering control and it must be designed by the manufacturer to carry a driver only and no passengers. A two-up ATV is designed and intended for use by an operator or an operator and a passenger. It is equipped with straddle-style seating and designed to carry only on passenger.

1.2 ”ltCorporation” means the Corporation of The Nation

1.3 “Highway” includes a common and public highway, street; avenue, parkway, driveway, road, square, place, bridge, viaduct or trestle, designed and intended for or used by, the general public for the passage of vehicles within The Nation Municipality.

1.4 “Organized Trail” means the whole of any trail established and maintained by a municipally recognized off road vehicle recreational organization for the use of off road

1.5 ”Other Off-Road Vehicle Types” means extreme terrain vehicles (XTV’s) commonly referred to as Argos, are 6+ wheeled off-road vehicles capable of riding in multiple terrains, including through These vehicles sometimes come with tracks, however, tracked version are not permitted on highway and are restricted to off­ road use only. Off-Road Motorcycles (ORMs) are 2 wheeled off-road vehicles that come in varying configurations such as, but not limited to: Recreational, ORMs or Competition ORM.

1.6 “Side-by-Sides” means a recreational off highway vehicle (ROV) has two abreast seats, typically built with a hood, and uses a steering wheel instead of a motorcycle steering handlebar. A utility terrain vehicle (UTV) has a similar characteristics to an ROV but typically also features a box bed. UTV’s are generally designed for utility rather than recreational purposes.

2.       General Provisions

2.1Any person driving an ORV may use a highway to travel.

2.2 Any person driving an ORV on an organized ORV trail shall be subject to a recognized ORV club membership.

2.3 No person shall operate an ORV on a highway or an organized trail between the hours 11:00 m. to 7:00 a.m.

2.4 No person shall drive an ORV within the parks and other lands owned by the Corporation.

3.       Speed limit

3.1An ORV shall not be driven at a speed greater than:

i) 20 kilometers per hour, if the speed established under the Highway Traffic Act or by municipal by-law for that part of the highway is not greater than 50 kilometers per hour, or

ii) 50 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal by-law for that part of the highway is greater than 50 kilometers per hour.

4.     Identification

4.1Every ORV shall have a registration number, in a clearly visible position, showing the registration number of the ORV in the form and manner prescribed in the regulation of the Ministry of Transportation.

4.2 Every ORV being operated on an organized ORV trail shall bear a recognized ORV club membership registration number, in the form and manner prescribed by the recognized ORV club policies and guidelines.

5.        Exemptions

5.1 This By-Law does not apply to off-road vehicles if the operator holds a valid driver’s license and is permitted to drive on a highway, if the vehicle is designed to travel on more than two wheels and the driver is:

i) A farmer using the vehicle for agriculture purposes;

ii) A person licensed under the Fish and Wildlife Conservation Act, 1997 to trap furbearing mammals, if the person is using the vehicle for trapping purposes, and the vehicle or a vehicle drawn by it bears a slow moving vehicle sign.

6.      Enforcement

6.1The By-law shall be enforced by the Municipal Law Enforcement Officers of The Nation Municipality.

7.       Validity and Severability

7.1 Every provision of this by-law is severable and if any provisions of this by- law should for any reason be declared invalid by any court, it is the intention and desire of this Council that the remaining provisions shall remain in full force and effect.

7,2 Where a provision of this by-law conflicts with the provision of another by- law in force within The Nation Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

7.3 Nothing in this by-!aw relieves any person from complying with any provision of any Federal or Provincial legislation or any other by-!aw of The Nation Municipality.

8.       Review

8.1 Council reserves the right to review this bylaw on a regular basis and repeal should there be complaints from the genera! public of the activities of the ORV operators causing public disturbances.

9.       Repeal

9.1 By-law 73-2011of The Corporation of the Nation Municipality will be repealed at the time this By-law comes into effect.

10.       Penalties

10.1 Any person who contravenes any provision of this By-Law and who is found guilty of an offence in a Court of competent jurisdiction is, upon conviction, liable to a fine in accordance with the provisions of the Provincial Offences Act and any other penalties deemed suitable as the case may be.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL

FEBRUARY, 2021

Francois St. Amour,Mayor

Josée Brizard, CAO-Clerk

SEAL

 

By-Law Off Road Vehicles in PDF Format

THE CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 91-2014

CLEAN YARDS BY-LAW

BEING A BY-LAW  OF THE NATION MUNICIPALITY TO PROVIDE FOR THE MAINTENANCE OF LAND IN A CLEAN AND CLEAR CONDITION.

WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, provides, inter alia, that a municipality may pass by-laws respecting the environmental well-being of the municipally, the health, safety and well-being of persons and the protection of persons and property;

AND WHEREAS section 127 of the Municipal Act, 2001 provides that a local municipality may require the owner or occupant of land to clean and clear land, not including buildings, or to clear refuse or debris from the land, not including buildings; regulate when and how cleaning and clearing is to be done; and prohibit the depositing of refuse or debris without the consent of the owner or occupant of land;

AND WHEREAS section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances;

AND WHEREAS section 131  of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition;

AND WHEREAS Part XIV of the Municipal Act, 2001 provides for the enforcement of municipal by-laws.

NOW THEREFORE THE COUNCIL  OF THE CORPORATION OF THE NATION MUNICIPALITY ENACTS AS FOLLOWS:

  1. DEFINITIONS:

1.1 “By-law” means this Clean Yards By-law.

1.2 “Costs” means all monetary expenses incurred by the Municipality during and throughout the process of any remedial work, including interest at a rate of 15% per annum or such lower rate as determined by the Municipality commencing on the day the Municipality incurs the costs and ending on the day the costs, including interest, are paid in full, and may include an administrative surcharge amount as determined by the Municipality.

1.3 “Council” means the Council of the Municipality.

1.4 “Derelict motor vehicle” means a vehicle having m1ss1ng bodywork components or parts, including tires or damaged components, parts, bodywork, glass or deteriorated or removed adjuncts, which prevent its mechanical function, and includes a motor vehicle that is not licensed for the current year.

1.5 “Domestic waste” means any debris, rubbish, refuse, sewage, effluent, discard or garbage of any type arising from a residence, belonging to or associated with a dwelling unit or use of a dwelling unit or residential property, including, but not limited to, garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements deteriorating or decaying on a property due to exposure to the weather.

1.6 “Dwelling unif” means a room or rooms in which a kitchen, living quarters and sanitary conveniences are provided for exclusive use of the residents and with a private entrance from the outside of the building or from a common hallway or stairway inside.

1.7 “Industrial waste” means any debris, refuse, sewage, effluent, discard or garbage of a type arising from industrial or commercial operation, or belonging to or associated with industry or commerce or industrial or commercial property including, but not limited to, garbage, discarded material or things, broken or dismantled things, materials or things exposed to the elements, and deteriorating or decaying on a property due to exposure to the weather.

1.8 “Infestation” means the overrunning of a property by vermin, rodents and insects.

1.9 “Motor vehicle” means an automobile, truck, motorcycle, snowmobile, trailer, recreational vehicle and any other vehicle propelled or driven by other than muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running solely upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machinewithin the meaning of the Highway Traffic Act, S.0. 1990, c. H.8.

1.10 “Municipality” means The Corporation of The Nation Municipality.

1.11 “Officer” means a municipal by-law enforcement officer or designate, property standards officer or peace officer.

1.12 “Owner” means the registered owner of land or the occupant, tenant, leasers or the person for the time being managing or receiving the rent of the property, whether on its own account or on account of an agent or trustee of any other person or any one of the aforesaid.

1.13 “Person” means an individual human being, a corporation, firm, partnership, unincorporated association or organization, their heirs, executors, assigns, administrators, agents, trustees or other legal representatives of a person with or without share capital, any association, firm, partnership or private club of a person to whom context can apply accordingly.

1.14 “Peace officer” means an officer of the Ontario Provincial Police.

1.15 “Property” means any and all land within the Municipality including buildings and structures, yards and vacant lots.

1.16 “Refuse” or “Debris” means any waste material of any kind whatsoever and without limiting the generality of the foregoing includes rubbish, inoperative or unlicensed vehicles or boats and mechanical equipment, automobile and mechanical parts, tires, furnaces, water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or rock fill, animal feces, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable, containers of any kind and un-maintained garden fixtures and any objects or conditions that might create a health, fire  or accident hazard.

1.17 “Remedial work” means all work necessary for the correction or elimination of a contravention of this By-law as cited in any order issued under this By-law, including any such condition or health hazard, actual or potential, that the contravention may pose.

1.18 “Structure” means any building or accessory building or any property, or any part thereof, or any part of whole or any structure of building not actually used as a dwelling house.

1.19 ‘Turf grass” means ground cover comprised of one or more species of growing grass, with or without trees, shrubbery or maintained planting beds or other vegetation.

1.20 “Weed” means a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, including any weed designated as a local or noxious weed under a by-law of the Municipality for that purpose.

2 PROPERTY MAINTENANCE

2.1 Every owner shall maintain a clear and clean yard and shall also:

a) keep his or her land free and clear of all garbage, refuse, debris, domestic waste or industrial waste of any kind, and from any objects or conditions that may create a health, fire or accident hazard;

b) ensure that his or her land is free and clear of infestation;

c) trim or cut weeds or turf grass on his or her land, whether dead or alive, that are more than 20 cm (7.8 inches) in height;

d) ensure that vegetation on his or her lands, other than weeds and turf grass shall be kept trimmed and kept from becoming unreasonably overgrown in a fashion that may affect safety, visibility, or the passage of the general public;

e) keep his or her land free of holes or excavations which may create health or accident hazards.

2.2 No person shall cause or permit unsafe or hazardous conditions and also shall not

a) cause or permit an unfenced or unprotected pit, excavation or other declivity which causes a safety hazard on their property;

b) permit any well which is unprotected or the presence of which creates risk, accident or injury to the general public;

c) keep a swimming pool, hot tub, wading pool or artificial pond unless it is maintained in good repair and working;

d) throw, place or deposit refuse, debris, or waste material on any Municipal or public property.

3  COMPOSTING

3.1 No person shall permit composting of any kind other than in accordance with Section 2 of this By-law.

3.2 Composting shall only be permitted as follows:

a) only in the rear of a dwelling unit;

b) only in a container, pile or digester and only on land on which a dwelling unit is located;

c) any compost containers or digesters used for composting shall be kept covered tightly at all times, except when being emptied or filled, and shall be kept in accordance with the guidelines on composing published by the Municipality

d) in a such a manner so as to preclude infestation;

e) in a pile no larger than 1 square metre and 2 metres in height which shall be enclosed on all sides by concrete block, or lumber, or in a forty-five gallon container, a metal frame building with concrete floor, or a commercial plastic enclosed container designed for composting;

f) in no more than two (2) compost containers, piles or digesters used for composting on each parcel of land on which a dwelling unit is located, for a total composting capacity on the land of not more than two (2) cubic metres;

g) no feces shall be placed in a compost container, pile or digester used for composting;

h) no offensive odour shall be permitted to emanate from the compost container, pile or digester used for composting;

i) organic materials placed in a compost container shall be kept covered with yard waste, soil or humus;

j) any compost container, pile or digester used for composting shall be set back at least 6 metres (1.97 feet) from any lot line.

3.3 Section 3 of this By-law does not apply to any agricultural and rural zones as designated within the Municipality’s Consolidated Zoning By-law.

4 DERELICT MOTOR VEHICLES

 4.1 No person shall use any property for the parking, storage or placement of the following:

a) derelict motor vehicles or motor vehicles that are unfit to be operated on a highway due to damage or poor repair;

b) motor vehicles that are not currently licensed for operation pursuant to the provisions of the Highway Traffic Act;

c) motor vehicle parts or components unless otherwise expressly permitted;

d) wrecked, dismantled, discarded, inoperative, or abandoned motor vehicles, machinery, trailers or boats;

4.2 Section 4.1 of this By-law does not apply to lands that comply with all applicable land use criteria which permits the retail, wholesale, repair or wrecking of motor vehicles or a competition; or hobby vehicle located in a fully enclosed building; or recreation vehicle parking in compliance with the Municipality’s Consolidated Zoning By-law.

5 GENERAL PROVISIONS

5.1 An officer may issue an order upon the owner of a property that is not maintained pursuant to the requirements of this By-law which directs that the owner remedy or rectify the contravention within a specified period of time from the time of the delivery of the order.

5.2 Any order given under this By-law may be given by personal delivery or mail and delivery by mail shall be deemed to have been effected five (5) calendar days from the date of mailing.

5.3 Every order sent by an officer shall identify the land or structure which is the subject of the order.

5.4 Every order to an owner shall be sent to the address shown on the last revised assessment roll or to the last known address of the owner.

5.5  The Municipality and any officer and agent shall be entitled to remove any items in order to remedy or rectify any contravention of this By-law and any such items that are removed in accordance with this section may be disposed of immediately in the sole and absolute discretion of the Municipality, its agents and officers, which decision shall be final.

5.6 In the event that the violation set out in the order is not remedied within the specified period of time as set out in the order, the officer may cause the violation to be remedied at the expense of the owner.

5.7 The Municipality shall not be liable for any damage to property or personal injury resulting from any remedial work undertaken as a result of a default of the owner or any person in complying with the terms of this By-law.

5.8 With the exception of matters which pose an immediate risk to public health and safety, which determination shall be made in the sole and absolute discretion of the officer issuing the order and whose decision is final, an order shall provide for not less than fourteen (14) calendar days from the date of service of the order for the remediation or rectification of the contravention as set out in the order.

5.9 Notwithstanding Section 8 of this By-law, when there is an immediate risk to public health and safety, which determination shall be made in the sole and absolute discretion of the officer issuing the order and whose decision is final, the order may require immediate action or other remediation or rectification.

6  ENTRY ON LAND & INSPECTIONS

6.1 An officer, peace officer or any other person appointed for the purpose of enforcing this By-law,

a) has the power to enter upon and examine any lands, yards, vacant lots, grounds at any reasonable time or times, and

b) may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law.

6.2 Notwithstanding Section 1, no person, including an officer, shall exercise a power of entry under this By-law to enter a place or part of a place that is actually being used as a dwelling unless:

a) the occupier of the dwelling, having been informed that the right of entry may be refused, consents to the entry; or

b) if the occupier refuses to consent, an order is issued pursuant to section 438 of the Municipal Act, 2001 or a warrant is issued pursuant to section 439 of the Municipal Act, 2001, or a warrant is issued under the Provincial Offences Act, S.O. 1990, c. P.33.

6.3 A person exercising a power of entry on behalf of the Municipality, under this By-law must on request, display or produce proper identification.

6.4 No person shall hinder, interfere with or otherwise obstruct, either directly or indirectly, any officer, peace officer or any person appointed for the purpose of enforcing this By-law, including any person who may be accompanying such persons, in the lawful exercise of any powers or duties under this By-law.

7  ENFORCEMENT

7.1 This By-law shall be enforced by an officer or peace officer or any other person or officer appointed by the Municipality for the purposes of enforcing this By­-Law.

7.2 If compliance herewith would be impractical, the provisions of this By-law shall not apply to ambulance, police and fire department vehicles and any vehicles while actually engaged in works undertaken for on behalf of the Municipality, the county, federal or provincial government or any utility.

7.3 The Municipality may recover its costs of remedying a violation of this By-law by invoicing the owner, by instituting court proceedings or by adding the cost, including interest, to the tax roll in the same manner as municipal taxes in accordance with section 446 of the Municipal Act, 2001 and the exercise of any one remedy shall not preclude the exercise of any other available remedy.

8 OFFENCES & PENALTIES

8.1 Every person who contravenes any provision of this By-law, including an order issued under this By-law, is guilty of an offence.

8.2 Every person who is convicted of an offence under this By-law shall be subject to a fine not exceeding $10,000.00 for each offence and such fine shall be recoverable under the Provincial Offences Act.

8.3       A director or officer of a corporation who knowingly concurs in a contravention of this By-law by the corporation is guilty of an offence and is liable upon conviction to a fine not exceeding $100,000.00 for each offence and such fines shall be recoverable under the Provincial Offences Act.

8.4 An offence under this By-law constitutes a continuing offence and for each day or part  of  a  day  that  the  offence  continues,  the  fine  shall  not  exceed $10,000.00.

8.5 The conviction of a person under this By-law shall not operate as a bar to a prosecution against the same person upon any continued or subsequent breach of any provision of or order under this By-law and the court may convict such person repeatedly for continued or subsequent breaches of this By-law and the provisions of section 431 of the Municipal Act, 2001 shall further apply to any continued or repeated breach of this By-law.

8.6 Upon a conviction being entered, the court in which the conviction was entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed in this By-law, make an order prohibiting the continuation or repetition of the offence by the person convicted.

8.7 Every person who is guilty of an offence under this By-law may, if permitted under the Provincial Offences Act, pay a set fine, and the Chief Judge of the Ontario Court, Provincial Division, shall be requested to establish set fines as set out in Schedule ‘A’ to this By-law.

9             VALIDITY & SEVERABILITY

9.1 Notwithstanding that any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such as a whole and shall not affect the validity or enforceability of any other provisions of this By-law or of the By­ law as a whole.

9.2 Any reference to a statute, regulation, by-law or other legislation in this By-law shall include such statute, regulation, By-law or other legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto.

9.3 Where there is any conflict between the provisions of this By-law and any other By-law or legislation, the provisions of this By-law shall prevail to the extent of the conflict.

10          SHORT TITLE

This By-law shall be cited as the “CLEAN YARDS BY-LAW”.

11          FORCE AND EFFECT

This By-Law shall come into force and take effect on the date of enactment.

READ A FIRST TIME ON SEPTEMBER 8, 2014 READ A SECOND TIME ON SEPTEMBER 29, 2014

READ A THIRD TIME AND FlNALLY PASSED IN OPEN COUNCIL THIS 3Ro DAY OF NOVEMBER, 2014.

Francois St. Amour, Mayor                          

SEAL

 

 

Clean Yards By-Law in PDF format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 68-2021

BEING a By-Law to repeal By-laws No. 97-2015, 16-2018, 11-2019, and 47- 2020 and to regulate the proceedings of Council and its local boards, the conduct of its members and the calling of meetings.

WHEREAS, pursuant to Section 238(2) of the Municipal Act, 2001 as amended, every Council of a municipality shall adopt a procedure By-Law for governing the calling, place and proceedings of meetings;

AND WHEREAS, the Council of the Corporation of The Nation Municipality deems it essential to provide regulations for the orderly administration of business of Council and a defined basis for matters of procedure;

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows the revised schedule A of this bylaw:

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN

COUNCIL THIS 141 DAY OF JUNE  2021.

Francois St: Amour, Mayor

 

DEFINITIONS

SCHEDULE “A” TO BY-LAW N0.68-2021 

“Adjournment”‘ shall mean the termination of a meeting.

“Clerk” shall mean the person appointed by Council who shall have the general control and management of the administration of the government and affairs of the municipal corporation and perform such duties as the Council may prescribe and which may be prescribed by Statute, and shall be responsible for the efficient administration of its departments to the extent that he or she is given authority and control.  (Municipal Act, 2001 Section 228).

“Committee” shall mean any advisory or other committee, subcommittee or similar entity of which at least 50% of the members are also members of Council or local boards.

“Committee of the Whole (also known as Executive Committee)” shall mean a body of the members of Council sitting as a committee.

“Council” shall mean the assembly of the duly elected members of The Nation Municipality. All references to Council in this By-Law shall mean the Council of the Municipality.

“Council Chambers” shall mean the area beyond the municipal off ice especially designated for meetings of the Council.

“First Meeting” shall mean the first meeting of Council after a municipal election.

(Municipal Act, 2001, Section 230).

“Head of Council” shall mean the Mayor or such person determined by By-Law or otherwise to replace the Mayor.

“Holiday” shall mean any Statutory Holiday as prescribed in Provincial or Federal legislation.

“Incidental Motion” shall mean a motion related and incidental to the main motion or to the matter giving rise to the main motion usually dealing with a question of procedure, which motion must be decided immediately.  This matter does not require a seconder, is not amendable or debatable and is ruled upon by the Presiding Officer.

“Lay on the Table” shall mean a motion to set aside a pending question when something else of immediate urgency has arisen.  In such case, there is no set time for taking up the matter again, but it can be resumed at the will of the majority and in preference to any new question.

“Local Board” does not include a Police Services Board or a Public Library Board.

“Meeting” shall mean any regular, special, committee or other meeting of the Council or a local board or a committee of either of them  and where a quorum is present and where members discuss or otherwise deal with matters in a way that materially advances the business or decision making of the relevant body

“Member” shall mean a duly elected member of Council.

“Municipality” shall mean the Corporation of The Nation Municipality.

“Presiding Officer” shall mean that person designated by the rules set out herein to preside at a meeting.

“Privileged Motion” shall mean a matter not related to present business. This motion must be seconded, is not debatable or amendable and must be carried by a majority vote of the members present and cannot be reconsidered at that meeting.

“Quorum”: shall mean a minimum number of members required to transact the business of the municipality at a meeting of Council.

“Recess” shall mean a short intermission within a meeting for a fixed period of time which does not destroy the continuity of a meeting, after which time the proceedings are immediately resumed at a point where they were interrupted.

“Special (Ad Hoc) Committee” shall mean a committee which is designated by Council for a special purpose and whose existence will terminate upon completion of the business delegated to it.

“Session” shall mean a single gathering of members of Council devoted to a single order of business.

“Subsidiary Motion” shall mean a motion brought forth while a main motion is pending to assist the assembly in treating the main motion, which motion shall be seconded and shall be debatable and amendable.

“Waiver” shall mean an agreement by the members present not to follow the established procedures.

COUNCIL MEETINGS

  1. GENERAL

1.1 Meetings of Council shall be held at the Council Chambers located at 958 Route 500 West, Casselman, Public notice of meetings shall be by posting on the municipal website.

1.2 Council may decide, by resolution, to hold a meeting at another location to accommodate a very large gathering or a situation where it is deemed more feasible to locate and assemble elsewhere and only after proper notice has been given or posted.

1.3 A meeting of the Councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in an adjacent municipality.

2.          FIRST MEETING

2.1 The first meeting of Council following a regular municipal election shall take place at 4:00 m. on the 3•d Monday in November.

2.2 No business of the municipality shall be conducted at the first meeting until after the declarations of office have been made by all members who present themselves for that purpose.

3.              REGULAR MEETINGS

3.1 The next and each subsequent regular meeting of Council shall be held on the 2°’ and 4th Monday of each month at the time and place indicated on the agenda.

3.2 When the day for a regular meeting of Council is on a Statutory or Civic Holiday, or a conference for which council wants to attend the Council shall, unless Council decides otherwise, meet on the following Monday at the same hour and place.

3.3 Council may, by resolution, alter the date and/or time of a regular meeting provided that adequate notice of the change is posted and published.

4.          SPECIAL MEETINGS

4.1 The Head of Council may, at any time, summon a special meeting of Council and, unless otherwise specified, the special meeting shall be held at the Council Chambers of the Municipality.

4.2 Upon receipt of a petition of the majority of the members of Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition.

4.3 Only those matters for which the special meeting was called may be dealt with at a meeting called pursuant to this section.

4.4 New matters may be dealt with at the special meeting with the approval of all of the members present.

4.5 Subject to sub-section 4, all matters brought before a special meeting shall be concluded at a single gathering unless they are adjourned with the approval of all the members present.

4.6 Emergency Meeting – notice not required

Notwithstanding any other provision of this By-law, an Emergency Meeting may be held, without written notice, to deal with an emergency or extraordinary situation, provided that an attempt has been made by the Clerk or her/his designate to notify the Members about the Meeting as soon as possible and in the most expedient manner available.

5.         COMMITTEE MEETINGS

5.1 Committees shall report to and shall be responsible to Council whether they are permanent, standing, temporary, special or ad hoc committees.

5.2 Committees will review policies or plans, formulate procedures and recommend plans of action to Council.

5.3 Committees must have formal goals and complete their specific tasks efficiently with clean and precise recommendations to Council and when necessary, propose alternative recommendations that Council may consider before making a decision.

6.              MEETINGS OPEN TO THE PUBLIC

6.1 Except as provided in this section, all meetings of Council, its committees and local boards shall be open to the public.

6.2 A member of council, of a local board or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law.

6.3

(a) a member of a council, of a local board or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and

(b)  a member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is open or closed to the public.

6.4 Notwithstanding sub-section 1 above, a meeting of Council, a committee or local board may be closed to the public if the subject matter being considered relates to:

(a) The security of the property of the municipality or local board.

(b) Personal matters about an identifiable individual, including municipal or local board employees.

(c) A proposed or pending acquisition or disposition of land for municipal or local board purposes.

(d) Labour relations or employee negotiations

(e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

(f) The receiving of advice that is subject to solicitor, client privilege, including communications necessary for this purpose.

(g) A matter in respect of which a Council, local board, committee or other body has authorized a meeting to be closed under another Act.

(h) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them.

(i) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.

(j) A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value.

(k) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality of local board.

(l) A matter relating to the consideration of a request under the Municipal Freedom of lnformation and Protection of Privacy Act, if Council is designated as head of the institution for the purposes of the Act.

(m) An ongoing investigation respecting the municipality, a local board or a municipality, a local board or a municipality-controlled corporation by the Ombudsman or the appointed investigator.

(n) Educational or training session if both criteria’s are respected:

i) The meeting is held for the purpose of educating or training the members.

ii) At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.

6.5 Before all or part of a meeting is closed to the public, the Council shall state by resolution:

i) the fact of the holding of the closed meeting;

ii) the general nature of the matter considered at the closed meeting.

(6.6) A meeting shall not be closed to the public during the taking of a vote.

(6.7) Despite sub-section 6 above, a verbal vote may be taken if:

i) sub-section 4 permits or requires a meeting to be closed to the public;

ii) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or a person retained by or under contract with the municipality;

iii) the verbal vote shall be confirmed by a resolution of Council upon resumption of the public meeting.

6.8 Meetings or sessions which are closed to the public are referred to as “closed meetings”.

6.9 Subject to sub-section 7, no vote shall be taken by ballot or any other method of secret voting.

6.10  Minutes of the previous closed session will be approved  at the next closed session meeting  of a regular meeting and be kept confidential by the clerk’s office

6.11 Confidentiality: Members of Council must keep all subjects discussed under closed session Any member who violates or contravenes the confidentiality clause may be subject to a majority vote of Council and the penalties set out in section 10.3.8.

6.12 Orientation Meeting: a Council orientation meeting should be viewed as an information meeting for newly elected board members to provide them with information on the general procedures of what an elected member might expect: the inaugural meeting process, the number of committees they can sit on as Council representatives and how this translates into meetings, the process of a Council meeting, protocols, dress codes, payroll and an overview of the budget process, etc.

6.13 Communication Devices:

(a) The use of cell phones, pagers or any other similar communication device during Council or committee meetings is prohibited; and

(b) Despite subsection 13 (a), the personnel of the Municipality’s Emergency Services are allowed to use any communication devise.

6. PUBLIC HEARINGS

7.1 Hearings are conducted for the purpose of securing information about and attitudes toward a proposed policy or action plan.

7.2 Information is sought from experts and/or the general public who may be asked to testify.

7.3 Hearings will be conducted in a formal setting and will relate to the one subject under discussion.

7.4 The procedural rules for the control of the hearing will be worked out in advance on such matters as order of speaking and length of time allowed for each witness.

8. WORK SESSIONS

8,1 Work sessions are held to gather facts, interpret and analyze a proposal, policy or plan and not to make decisions.

8.2 These sessions will be held in an informal setting where participants will examine and question for clarification on specific project(s).

8.3 The structure of these sessions will be informal and flexible and the participants may draw up an agenda before starting their discussions.

9.         PRESIDING OFFICER

9.1 All meetings shall be presided by the Head of Should, at any time during a meeting, the Head of Council be required to leave the meeting, he shall appoint another member of Council to act as Presiding Officer until the Head of Council’s return to the meeting.

9.2 If the Head of Council is absent at the time and place of a duly scheduled meeting without having notified the Clerk that he would be delayed, or having so notified the Clerk should he fail to attend 15 minutes after the scheduled time of the meeting, or for any reason refuses to act as Presiding Officer, the Clerk shall call the meeting to order and the members of Council may by resolution appoint one of its members to act in the place of the Head of Council and, while so acting, such member has all the rights, powers and duties of the Head of Council.

10.       ROLES AND CONDUCT OF MEMBERS OF COUNCIL

10.1 ROLES

10.1.1 It is the role of Council:

a) to represent the public and consider the well-being and interest of the municipality;

b) to develop and evaluate the policies and programs of the municipality;

c) to determine which services the municipality provides;

d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council.

e) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

f) to maintain the financial integrity of the municipality;

g) to carry out the duties of Council under this or any other Act;

h) to direct staff, by majority vote, to perform such duties as is necessary to the efficient management of the affairs of the community;

i) to direct staff, by majority vote, to research such matters as the Council deems necessary.                                                    .

j) to establish annual objectives for the Municipality and evaluate the performance of the Chief Administrative Officer in achieving these objectives.

10.1.1.1 Individual Authority – not provided

No individual Council Member may direct any member of the staff to perform such duties that have not been authorized by resolution of the Council or by the CAO.

10.1.1.2 Established Policies – Members – respect

Members of Council shall respect and adhere to the Policies set by the Council and under no circumstances take it upon them individually to circumvent established Policies.

10.1.3 Council – liaison – with CAO Council Members will liaise with the Chief Administrative Officer.

10.1.4 Information – by Staff – Members of Council

Council members may request information from members of staff who have been assigned the responsibility of providing information, such as meeting times, copies of documents, information on standard operating procedures.

10.1.5 Questions – operational concerns – complaints Questions or issues surrounding operational concerns or complaints, excluding basic issues covered in section 10.1.1.4 shall be directed to the Chief Administrative Officer, who will then direct the questions or issues to the appropriate Manager.

10.1.6 Justification of absence

Notice of regrets from members unable to attend a Council meeting shall be made directly to the Clerk’s Office.

10.1.2 Head of Council

It is the role of the Head of Council:

a) To act as Chief Executive Officer of the municipality;

b) To preside over Council meetings so that its business can be carried out efficiently and effectively;

c) To provide leadership to the Council and provide information/recommendations to Council with respect to the role of Council described at article 10.1;

d) To represent the municipality at official functions; and

e) To carry out the duties of the Head of Council under this or any other Act;

10.1.3 Head of Council as Chief executive officer

a) To uphold and promote the purposes of the municipality;

b) To promote public involvement in the municipality’s activities;

c) To act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally;

d) To participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents;

10.1.4 Under the Rules of Procedure, it also shall be the duty of the Chair;

a) To open the meeting of Council by taking the Chair and calling the members to order;

b) To receive and submit, in the proper manner, all motions presented by the members;

c) To put vote all questions, which are duly moved and seconded, and to announce the result;

d) To decline to put to vote, motions which infringe upon the Rules of Procedure or which are beyond the jurisdiction of Council;

e) To restrain the members, when engaged in debate, within the Rules of Procedure;

f) To enforce on all occasions, the observance of order and decorum by the members and any other persons present in the Chamber;

g) To call by name, any member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the meeting is being held;

h) To authenticate by his/her signature, when necessary, all by­ laws, resolutions and minutes of Council;

i) To inform the Council on any point of order as seems necessary;

j) To represent and support the Council, declaring its will and implicitly obeying its decision in all things;

k) To perform other duties when to do so by a resolution of Council;

l) If he/she considers it necessary because of grave disorder, to adjourn the sitting without the question being put, or suspend the sitting for a time to be specified by him/her;

m) To ensure that no person except a member, officer of employee of the corporation is permitted to enter upon the floor of the Chamber during the sittings of the Council without permission of the Chair or the Council.

10.1.5 Chief Administrative Officer

It is the role of the Chief Administrative Officer:

To exercise general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and the staff placed under his/ her supervision; and to perform such other duties as assigned by the Municipality.

10.1.6 Clerk

It is the role of the Clerk:

a) To record, without note or comment, all resolutions, decisions and other proceedings of the Council;

b) If required by any member present at a vote, to record the name and vote of every member voting on any matter or question;

c) To keep the originals or copies of all by-Jaws and of all minutes, of the proceedings of the Council;

d) To perform other duties required under this Act or under any other Act; and

e) To perform such other duties as are assigned by the Municipality.

10.1.7 Administration – Officers, Employees

It is the role of the officers and employees of the municipality:

a) To implement Council’s decisions and establish administrative practices and procedures to carry out Council’s decisions;

b) To undertake research and provide advice to Council on the policies and programs of the municipality; and

c) To carry out other duties required under this or any other Act and other duties assigned by the

10.2 DUTIES

10.2.1 Council

a) Preparation of Members to Council Meeting

Members of Council shall come prepared to every meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting. Whenever possible, the Member(s) shall make inquiries to the CAO regarding materials supplied in advance of the meeting.

b) Requests for substantive reports

All requests for substantive reports shall be by Council resolution which shall identify the appropriate Department or Manager and objectives of the report.

c) Interference – direct

No Member(s) shall have the authority to direct or interfere with the performance of any work by Administration for the Municipality of The Nation Municipality. All inquiries shall be directed through the Office of the Chief Administrator.

d) Question Employee Integrity

While asking questions of the President, a member should not at any time question the personal and professional integrity of municipal employees.

10.2.2 Mayor & Committee Chair

a) Open Meeting – call to order

The Mayor or Committee Chair shall preside over the conduct of Meetings, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the Meeting, subject to an appeal to the Council or Committee, as the case may be.

b) Recognize speakers

The Mayor or Committee Chair shall recognize any Member of Council or Committee (as the case may be) who wishes to speak and determines the order of the speakers.

c) Motions – received – submitted – results announced

The Mayor or Committee Chair shall receive and submit in the proper manner, all motions presented by the Members and to put to vote all questions, which are duly moved, and to announce the result.

d) Mayor may speak or vote

The Mayor or Committee Chair may speak and/or vote on any question,

e) Debate – enforce rules – restrain members

It shall be the duty of the Chair to restrain the Members, within the rules of procedure when engaged in debate.

f) Observe the rules and restrict members during a debate It is the duty of the President to restrict members within the framework of the Rules of Procedure during a

g) Decorum – order – enforced

It shall be the duty of the Chair to enforce on all occasions the observance of order and decorum among the Members.

h) By-laws – resolutions – minutes – authentication

It shall be the duty of the Chair to authenticate, by his signature when necessary, all by-laws, resolutions and minutes of the Council.

i) Point of Order – inform members

It shall be the duty of the Chair to inform the Members on any point of order.

j) Disorder – adjourn – suspend – recess – meeting

It shall be the duty of the Chair to adjourn the meeting without the question being put, or to suspend or recess the sitting for a time to be named if considered necessary because of grave disorder arising in the meeting.

k) Functions – Powers and Authority

When the substitute Mayor performs the functions of the Chairman of the Council, he shall have all the rights and powers and authority of the President of the Council during the absence, illness or refusal to act by the President of the Council.

10.3 CONDUCT DURING MEETINGS

10.3.1 Sovereign – Royal Family – to be respected

No Member shall speak disrespectfully of the reigning Sovereign or of any of the Royal Family or of the Governor General, the Lieutenant Governor or any Province or any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario.

10.3.2 Members of Council – Municipal Staff

No Member shall speak disrespectfully nor shall they use offensive words in or against Members of the Council or any member thereof including Municipal Employees.

10.3.3 Speaking – subject in debate only

No Member shall speak on any subject other than the subject in debate.

10.3.4 Criticize – decision – exception – reconsideration

No Member shall criticize any decision of the Council except for the purpose of moving that the question be reconsidered.

10.3.5 Breach – persistent – seat vacated – unless apology

a) Members shall refrain from harmful conduct to the Corporation or its purpose.

No Member shall breach the rules of the Council, or a decision of the Chair or of the Council as a whole on questions of order or practice, or upon the interpretation of the rules of Council; and in the case where a Member persists in any such breach after having been called to order by the Chair, the Chair may order that such Member leave his seat for the duration of the meeting of the Council; but if the Member apologizes he shall be permitted to retake his seat. If the Member refuses to leave his seat and refuses to apologize, then the Chair will direct the CAO or Clerk to have this Member escorted by the OPP.

10.3.6 Dress Code – Regular – televised – Council meetings and official functions

All Members of Council shall wear proper business attire or Official uniform during regularly scheduled meetings, Special Council meetings and closed session of Council meetings and official functions.

10.3.7 Closed Session Subjects – Public Interest

Upon completion of closed session of Council meetings, the decisions of the Council with respect to any of the enumerated items listed in Section 6.4 and directions to the Administration in accordance therewith, shall then be reported publicly by Council to the extent that the public interest permits.

10.3.8 Council Response – Closed Meeting – Enquiries

The response of Council Members to enquiries about any matter dealt with during a closed meeting, prior to it being reported publicly, shall be this matter is still under advisement, no comment, or words to that effect.

a) Violation of regulation

Any violation of process to this regulation will result in exclusion of the offending Council Member, requiring a two-thirds vote, from future closed meetings of Council and that Member shall no longer be provided with correspondence, materials or information proposed to be dealt with by Members of Council at a closed meeting.

b) Exclusion – closed meetings

The determination of whether or not a violation of process to the closed meeting provisions of this By-law and the length of the exclusion from closed meetings if so determined, shall be made by Council at a closed meeting and the issues shall be considered by Council prior to the affected Member being excluded from any closed meeting by a two-thirds vote.  The time a member is to be excluded to exceed three months time.  The results of Councils deliberation shall be reported out publicly.

c) Separate Resolution – per Member

If the purported violation of the process to the closed meeting provisions of this By-law by more than one Member is to be considered, a separate resolution of Council with respect to each affected Member is to be considered.

d) Member not permitted to vote

Notwithstanding Section 10.3.8 sub-section (c), the Member affected shall not be permitted to vote on a motion respecting his purported violation of the closed meeting provision of the Procedural By-law, his exclusion from closed meetings, or the length of any such exclusion.

e) Release of Information

The release of any information about matters dealt with by Council at a closed meeting shall be made by the Mayor or his delegate only upon direction of the majority of Council and upon receiving proper legal advice if council deems it appropriate and in accordance with paragraph 10 of the code of conduct  AD- 2016 -02

f) Obligation – confidentiality

It is the obligation of each Member of Council to keep information confidential and this obligation continues even after the member ceases to be a Member of Council.

10.3.9 Breach – persistent – Public members

a) Public members shall refrain from harmful conduct to the Corporation or its purposes. Public members will not interfere at a meeting.

b)In the case where a public member persists in any such breach after having been called to order by the Chair, the Chair may order that such public member leave his seat for the duration of the meeting of the Council; but if the public member apologizes, he shall be permitted to stay. If the public member refuses to leave and refuses to apologize, then the Chair will direct the CAO or Clerk to have this Member escorted by the OPP.

11.CONDUCT OF MEMBERS OF THE PUBLIC

11.1 The Presiding Officer shall have the absolute right to expel a member of the public from any meeting, including a meeting of Council, if the said person is disruptive or has been guilty of any other improper conduct at the said meeting.

11.2 No person shall be permitted to sit at the Council table or be permitted to enter into the area of the bar without having first obtained the permission of the Presiding Officer to do so.

12.QUORUM

12.1 As soon after the hour fixed for the holding of the meeting of the Council, the Presiding Officer shall take the chair and call the meeting to order.

12.2 A majority of the whole number of Council members is necessary to constitute a Council consisting of five (5) members requires the attendance of three (3) members to have a quorum.

12.3 Immediately upon calling the meeting to order, it shall be the duty of the Presiding Officer or other person designated in these rules as Presiding Officer, to determine if there is a sufficient number of members to constitute a quorum.

12.4 If no quorum is present within fifteen (15) minutes after the time appointed for a meeting of the Council, the Clerk shall record the names of the members present and the meeting shall stand adjourned until the date of the next regular meeting and no other business may be carried out.

12.5 If Council consists of only five (5) members, the concurrent vote of at least three of them is necessary to carry any resolution or any other measure.

13.CALLING THE MEETING TO ORDER.

13.1 The meeting shall be called to order by the Presiding Officer or such other party as has been designated as Presiding Officer as set out in these rules.

13.2 The Presiding Officer, after calling the meeting to order, shall ensure that there are a sufficient number of members to constitute a quorum.

13.3 Upon ensuring that there are a sufficient number of members as aforesaid, the Presiding Officer shall formally call the meeting to order by stating the following: “The meeting will please come to order.

14.AGENDA

14.1 The Clerk shall have prepared and printed for the use of the members and the public at the meetings of Council an agenda in the form as set out in Schedule “B” attached hereto.

14.2 Any additions and/or deletions to the agenda must be moved and seconded and carried as set out in these rules.

14.3 The Presiding Officer shall address each item of business in the order that it is set out in the agenda unless otherwise approved by a consensus of the members present.

14.4 The Deputy-Clerk shall carry out the duties of the Clerk when designated any said function(s) of this office.

14.5 An item that has been considered by Council in previous agendas may be included again as unfinished business but, once fully disposed of and/or decided upon by Council, either unanimously or by recorded vote, the item shall not be brought back for reconsideration.

15.       CONDUCT OF BUSINESS

15.1 All business of Council shall be conducted by motions. Each motion shall be put forth with the following wording: “That….(and followed by the substance of the motion)”.  Motions shall be put forth in writing.

15.2 A motion once presented must be seconded, failing which the motion cannot be proceeded with any further.

15.3 A main motion cannot be presented while another motion is The main motion can, however, be the subject of:

i) a subsidiary motion

ii) a privileged motion

iii) an incidental

15.4 A main motion must be seconded, failing which the motion cannot be proceeded with any further.

15.5 A main motion must be recognized by the Presiding Officer to be in order.

15.6 Amendments may be made to a main motion at any time if:

i) the party making the motion agrees to an amendment suggested by another member of Council

ii) the motion can be the subject of a subsidiary motion to amend.

15.7 A main motion may, by way of a subsidiary motion, be referred to a committee.

15.8 A main motion, by way of a subsidiary motion, may be laid on the table (tabled).

16.STATEMENT OF MOTION

16.1 The motion shall be stated by the Clerk unless it is ruled out of order or unless it is unclear.

17. DEBATE

Upon the motion having been stated by the Clerk, it shall be open to debate by the members of Council subject to the following rules:

17.1 The member speaking to the motion shall be recognized by the Chair.

17.2 A member speaking to a motion shall not be interrupted by another member or the Chair except to determine:

i) a question of privilege

ii) a point of order

iii) a call for a vote

iv) a request or

17.3 For purposes of this Section, a request or inquiry shall mean:

i) a request of the Chair’s opinion on procedure

ii) a point of information

iii) a request to withdraw and modify information

iv) a request for

17.4 The time allowed for the debate shall be at the discretion of the Presiding Officer.

17.5 The debate shall be limited to the subject matter of the motion

17.6 Except if determined by a further motion, the debate cannot be terminated until each of the members present at the meeting, wishing to do so, have addressed the motion.

17.7 Subject to these rules of procedure, the Presiding Officer shall not participate in the debate on the main motion but may provide information if inquiries are made of him.

17.8 The Presiding Officer may vacate his chair, temporarily being replaced by an acting Head of Council, in order to speak on an issue

18.MOTIONS AND RESOLUTIONS

18.1 A motion is a matter that is put before Council at a meeting for their consideration, discussion and Upon approval, it then becomes a resolution of Council.

18.2 A motion must be clear, precise and unambiguous when put to Council and must be proposed and seconded prior to it being considered.

18.3 Categories of motions:

i) MAIN: principal question before Council for discussion and must be disposed of before proceeding further, unless one of the types listed below is

ii) SUBSIDIARY:

motion to amend main motion

motion to table

motion to postpone indefinitely or to a certain time

motion to refer to committee.

iii) PRIVILEGED: motion to adjourn or establish time of adjournment question of privilege (immediate decision about rights or procedure) orders of the day (follow agenda or procedure).

iv) INCIDENTAL: appeal for a ruling of the Chair objection to consideration withdrawal of a motion division of a question suspension of rules of order.

v) OTHER: motion to reconsider motion to remove from the table.

19.     MOTION TO RECESS

19.1 A member may move for a recess time when no other member has the floor regardless of whether or not there is pending business.

19.2 The said motion must be seconded.

19.3 There shall not be any debate as to the said motion and it shall immediately be voted upon.

19.4 A majority vote of the members present is required to carry the motion.

20. MOTION NOT TO BE REPEATED

20.1 A motion may not be brought by a member to a meeting whose subject matter is substantially the same as a motion disposed of at a previous meeting.

21.       MOTION TO RESUME

21.1 Notwithstanding the rule set out in Section 20 above, a motion may be presented by a member, when no other member has the floor or when another motion is pending, to resume consideration of a main motion (to take from the table).

21.2 The said motion must be seconded, failing which it shall not be proceeded with.

21.2 The said motion is not debatable and cannot be amended.

21.3 The motion must be accepted by a majority vote of those members present at the meeting at which it is presented.

22. MOTION TO RECONSIDER

22.1 Notwithstanding the rule set out on Section 21 above, a motion to reconsider may be made by a member, when no other party has the floor or another motion is pending, should new information become available which was not available at the time that the motion was originally made.

22.2 The said motion must be made by one of the members whose vote carried the motion when it was originally made.

22.3 The said motion must be seconded failing which it shall not be proceeded with.

22.4 The said motion is not debatable or amendable.

22.5 The said motion must be accepted by a majority vote of the members present at the meeting.

22.6 If the said motion is carried, it will be reconsidered at the next regular Council meeting.

23.MOTION TO RESCIND OR AMEND

23.1Notwithstanding the rule set out in Section 21 above, a member may at any time, subject to the rules set out in this Section, move to strike any main motion, resolution or part of such main motion or resolution that has been previously adopted.

23.2 The said motion can only be made where no other motion is pending and is out of order when another member has the floor.

23.3 The said motion must be seconded, failing which it shall not be proceeded with.

23.4 The said motion is debatable and amendable.

23.5 The motion must be carried by a majority vote of the members present at the   The member putting forth the motion must have provided notice of his intention to do so at a previous meeting of Council.  Should such notice not have been provided, the motion must be carried by a 2/3 vole of the members present at the meeting.

23.6 Only a negative vote of a motion to rescind can be reconsidered.

23.7 Notwithstanding the rule set out in Section 21 above, a member may move to amend or vary the text or substance of a motion or resolution and the same rules apply governing the motion to rescind.

24.MOTION TO DEAL WITH QUESTIONS REFERRED TO COMMITTEE

24.1 If a motion has been referred to a committee and no final determination of the motion has been made, a member may move that the motion be considered by the meeting or that the committee be directed to abandon the consideration of said motion.

24.2 The said motion can only be made when no other motion is made and is out of order when another motion has the floor.

24.3 The said motion must be seconded, failing which it shall not be proceeded with.

24.4 The said motion is debatable and amendable.

24.5 The motion must be carried by a majority vote of the members present at the The member putting forth the motion must have provided notice of his intention to do so at a previous meeting of Council.  Should such notice not have been provided, the motion must be carried by a 2/3 vole of the members present.

25.       MOTION TO TERMINATE AND FILE

25.1A member may move at any time to terminate and file any matter at any time where no other member has the floor.

25.2 The said motion must be seconded.

25.3 There shall be no debate on the motion and it shall be voted upon immediately.

25.4 A majority vote of the members present is required to carry this motion.

26. ACTING ON MOTIONS

26.1After the completion or termination of debate and the determination of all necessary secondary motions, the Presiding Officer shall, after ensuring that all members comprehend the motion stated, put the said motion to a vote.

26.2 After the motion is finally put by the Presiding Officer, no member shall speak to the motion nor shall any motion be received until the result of the vote has been declared.

26.3 Except as otherwise provided, every member of Council shall have one vote.

26.4 A member, who refuses to vote, unless disqualified because of a conflict of interest, shall be deemed to have voted in the negative.

26.5 If a member present at the meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting, shall announce his or her vote openly and the Clerk shall record each vote.

26.6 A tie vote shall be declared a lost vote except as otherwise provided by any other Act.

26.7 No vote shall be taken by ballot or any other method of secret voting, and every vote so taken shall be of no effect.

27. MINUTES

27.1  The minutes of Council meetings shall be recorded by the Clerk without note or comment with the following information:

i) The place, date and time of the meeting.

ii) The name of the Presiding Officer and the members of Council, including the appointed officers of the Corporation, in attendance.

iii) Correction and adoption of the minutes of previous meetings.

iv) All motions to be adopted by Council.

v) All other proceedings of the meeting which do not constitute a note or comment.

vi) If requested by any member present, the name and vote of every member voting on any matter or question.

27.2   The Clerk of the municipality or local board or a committee of either of them shall record, without note or comment, all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not.

28.           DELEGATIONS, PETITIONS AND COMMUNICATIONS

28.1    Anyone wishing to address Council, in person or by an agent, on his own behalf or on behalf of a group, shall notify the Clerk verbally or in writing at least five (5) days prior to the date of the meeting. The notice shall specify the nature of the business to be discussed.

28.2 Delegations will address Council in the order of sequence that they appear on the agenda and will be notified that they are given fifteen (15) minutes for their presentation subject to a waiver by the Presiding Officer.

28.3 Every communication, including a petition designed to be presented to Council, shall be legibly written or printed and shall not contain any obscene or improper matter or language and shall be signed by at least one person and filed with the Clerk.

28.4 Upon being advised of a request to address Council, the Clerk shall place this request on the agenda, giving the specific details made available by the applicant.

28.5 Notwithstanding the above, the Presiding Officer may allow a person, or agent, who requests to be heard at a meeting of Council, to address Council on the terms and conditions that the Presiding Officer states.

28.6 A delegation may not present a matter before Council a second time if the matter or subject is substantially the same as disposed of in a previous meeting.

29.BY-LAWS  PROCEDURES

29.1 No By-Law shall be presented to Council unless the subject matter thereof has been considered and approved by Council.

29.2 Every By-Law, when introduced, shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act and shall be complete with the exception of the date thereof.

29.3     Every By-Law shall have three (3) readings prior to being passed.

29.4     The first reading of a By-Law shall be decided without amendment or debate.

29.5    If Council so desires, a By-Law may be taken as read.

29.6     The Clerk shall set out on all By-Laws enacted the date of the three readings thereof.

29.7  1The Clerk reserves the right to correct grammatical and numerical and other such minor errors  in nature that will not change the intent of the bylaw or the resolution

29.8    Every By-Law enacted by the Council shall be numbered and dated and shall bear the seal of the Corporation and be signed by the Clerk and the Presiding Officer. All By-Laws shall be deposited in the Clerk’s office for safekeeping.

30.           REPORTS OF COMMITTEES

30.1 All committees shall submit written reports of matters dealt with between meetings of Council. However, verbal reports may also be received by Council when requested by the Presiding Officer.

30.2 When desired, Council will authorize, approve and confirm and cause to be implemented those items which a committee has recommended. The motion shall read: ”That the report be adopted as presented.”

30.3 When desired, Council will recognize that a report has been submitted if there are no items recommended for implementation by the The motion shall read: “That the report be received.”

30.4 Notwithstanding the above, when a report deals with more than one recommendation and Council is not prepared to adopt all of these, a separate vote shall be taken with respect to each subject matter and any matter which is not adopted may be referred back to the committee for further consideration.

31.           ADJOURNMENT

31.1 All meetings of Council shall be adjourned no later than eleven (11) p.m. or as soon thereafter as shall be practicable, provided however, the meeting may be continued only upon the unanimous consent of all members present at the meeting.

31.2 A meeting may be adjourned at any time by the Presiding Officer if, in his opinion, there is gross disorder at the meeting.

31.3 A member may make a privileged motion to adjourn the meeting which shall take precedence over all motions however the said motion would be out of order if another member has the This motion must be carried by a majority vote of the members present at the meeting.

31.4 A Council meeting may be suspended from the hour of 5:00 m. to 5:50 p.m. ( or any other hour as decided by a majority of Council members) for the purpose of taking a supper break and the Council Chambers shall be closed to the public during this time. This time is strictly for a health break and is not intended to continue the business of Council.

32.RULES OF ORDER- COMMITTEES

32.1As far as practicable, the rules and procedures contained in this By­ law shall be applicable to all committees of Council, subject to a ruling by the Presiding Officer.

33.       MASCULINE GENDER

33.1     In this By-Law, the use of the masculine gender shall also mean and include the feminine gender.

34.       NO SMOKING

34.1There shall be no smoking in either the Council Chambers during the proceedings of Council or anywhere within the municipal building at any time.

35.       INTERPRETATION

35.1When any interpretation of these rules of order is required, reference shall be made to the most recent edition of “Robert’s Rules of Order”.

36.           POINTS OF ORDER AND PRIVILEGE

36.1 If a member of Council present at a meeting desires to refrain from voting by reason of conflict of interest, he shall abide by the provisions of Sections 5 and 6 of the Municipal Conflict of Interest Act, S.O. 1990, C.M50 as amended.

36.2 Members declaring a pecuniary interest will now be required to file a written statement of that interest at the meeting, or as soon as possible Further, municipalities and local boards must now establish and maintain a registry of statements and declarations of pecuniary interests of Members and make it available for public inspection.

36.3 The Presiding Officer shall preserve order and decide questions of order and Council, if appealed to, shall decide the question without debate and its decision shall be final.

36.4 Any procedure required by this By-Law may be suspended with the consent of the majority of the members of Council present at the meeting.

36.5 No amendment or repeal of this By-Law or any part thereof shall be considered at any meeting of Council unless notice of the proposed amendment or repeal has been given at a previous regular meeting of Council. The waiving of this notice is prohibited.

36.6 When necessary, whether by need or due to a change in legislation, Appendices may be revised by resolution.

36.7 This By-Law shall be effective on the date of its enactment.

37. OFFICIAL LANGUAGES

37.1 Council shall pass its by-laws in English and its resolutions in both English and French.

37.2 Council may adopt an official plan in English only or both English and French.

37.3 Council and its committees may conduct its proceedings in English or French or in both English and French.

37.4 Despite subsection 3, the minutes of the proceedings of Council and all committees shall be kept in both English and French.

37.5 Unless otherwise directed by by-law, the officers and employees of the municipality may conduct the business and affairs of the municipality in such language, including a language other than English or French, as may be reasonable in the circumstances.

37.6 Nothing in this section:

i) affects an obligation imposed by or under any Act to make, keep, use, file, register or submit any form, book, document or other paper of any kind in the language or languages specified by or under the Act;

ii) affects any requirement at law to give reasonable notice.

37.7 Where any form, book, document or other paper of any kind is submitted by a municipality to a ministry of the Government of Ontario in French, the municipality shall, at the request of the Minister to whom the form, book, document or paper was submitted, supply the Minister with an English translation thereof.

SCHEDULE “B”TO BY-LAW NO. 68-2021 FORM OF AGENDA AND ORDER OF BUSINESS

AGENDA

  • Call to order and prayers.
  • additions and deletions to agenda.
  • Adoption of the agenda.
  • Disclosure of Conflict of interest.
  • Adoption of minutes of previous Council meetings.
  • Adoption of the recommendations and minutes of the meetings of Council Committees.
  • Receiving of reports from appointed municipal officials.
  • Notice of proposed motions.
  • Unfinished business from previous meetings.
  • Delegations
  • Applications for Prescott-Russell Land Division Committee
  • Municipal By-Laws.
  • Approval of variance report.
  • Other business.
  • Various monthly reports.
  • Coming events.
  • Closed meeting
  • Confirming by-law.
  • Adjournment.

 

Council Procedural By-law

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 45-2014

FENCES

BEING a By-Law to amend Fencing By-Law no. 134-2012 to govern the locating of fences along a common dividing line.

WHEREAS the Planning Department recommended to Council to amend By-Law no. 134- 2012 in order to avoid situations of placing fencing in the middle of a common dividing line of semi-detached and row dwelling;

AND WHEREAS Council did approve to proceed with this amendment at its meeting of March 31, 2014;

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

1.That the following paragraph be added to By-Law 134-2012:   “7.3   No fence shall be permitted along a dividing common lot line of a semi- detached dwelling or a row dwelling starting at the street right-of-way and extending to the front wall of the dwelling.”

2. All other sections of By-Law 134-2012 shall remain in force

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 14r” DAY OF APRIL, 2014.

Francois St. Amour, Mayor

SEAL

 

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 134-2012

BEING a By-Law to regulate the height and the description of lawful fences.

WHEREAS, Section 10 (2), subsection 10 of the Municipal Act, 2001 as amended provides that Municipal Councils may pass by-laws respecting structures, including fences and signs.

AND WHEREAS, the Council of the Corporation of The Nation Municipality deems it desirable and in the public interest to adopt a fence by-law.

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

 

1. DEFINITIONS

“Construct”, “Erect” means build, reconstruct or relocate, and shall include any preliminary physical operations such as cutting, grading, excavating, filling or draining, or any altering of any existing structure by an additions, extension or any other structural change;

“Existing” means existing as of the date of the passing of this by-law;

“Fence” means a hedge, any structure, partition or manufactured material which is erected for the purpose of screening, safeguarding or inclosing a piece of land, or to divide a piece of land into distinct portions, or enclosing property, persons, livestock, pets, material, or for delineating property lines.  An enclosure about a field or other space or about any object, especially an enclosing structure of wood, iron or other materials, intended to prevent intrusion from without or straying from within;

“Gate” means any movable barrier, swinging, sliding or otherwise used to fill or close an access and includes a door;

“Grade” means the elevation of the finished surface of the ground immediately surrounding a fence;

“Hedge” means a fence composed of naturally growing material, which is densely planted and intended to be maintained at an even height;

“Municipal Law Enforcement Officer” (MLEO) means a peace officer appointed under Section 15 of the Police Services Act to enforce municipal by-laws;

“Municipality”  means the Corporation of The Nation Municipality;

“Non-Conforming”  means that which does not conform, comply or agree with the regulations of this by-law on the date of the final passing thereof;

“Person” as defined in Zoning By-law 2-2006

“Professional Engineer” means, for the purposes of this by-law, a person who holds a license or a temporary license under the Professional Engineers Act, or his authorized subordinate or assistant;

“Self-Latching Device” means automatic locking equipment attached to a fence, gate or door which prevents intrusion from without;

“Sight Triangle” means, on a corner lot, the area located within triangular space formed by the street lines and a line drawn from a point in one street line, each such point being 6 metres measured along the street line from t11e point of intersection of the street line;

“Street” means any public highway, road, street, lane, alley, square, place, thoroughfare, way or bridge within The Nation Municipality and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk and dedicated street;

“Structure” means anything that is erected, built or constructed of parts joined together and supported by the soil or any other structure and/or requiring a foundation to hold it erect;

“Yard” as defined in Zoning By-law 2-2006;

“Yard, Front” as defined in Zoning By-law 2-2006; “Yard, Rear” as defined in Zoning By-law 2-2006; “Yard, Side” as defined in Zoning By-law 2-2006;

“Yard, Side Exterior” as defined in Zoning By-law 2-2006;

“Yard, Side Interior” as defined in Zoning By-law 2-2006;

 

2. GENERAL  REGULATION

2.1       Every property owner shall ensure that all fences are free­ standing, stable, and structurally sound and shall be made of materials of good quality and suitable for the purpose, arranged and supported in an orderly and good workmanlike manner.

2.2       Every fence shall be maintained in such a manner that no defects are visible from any street or any property adjoining the property on which the fence is located.

2.3       No person shall construct or cause to construct or erect a fence to remain constructed that includes material which will, does or may, in the opinion of The Nation Municipality adversely affect the safety of the public

2.4       No person shall construct or cause to construct or erect a fence that obscures a clear view at street intersections, pedestrian or bicycle pathways, driveways, or other points of access or egress of vehicular traffic and, more specifically, no fence shall be permitted within the sight triangle of a corner lot

2.5       Every gate or door within a fence providing access from a residential lot to a municipal park, municipal green space or a body of water shall be supported by substantial hinges and equipped with a self-closing and self-latching device placed at the top corner of the gate or door and shall be locked at all times except when supervised by the owner or any person authorized by th

2.6       The installation of an enclosure shall not alter in any way the existing grades or drainage patterns of the premises, unless otherwise approved by a Professional The finished grade shall comply with the approved lot grades or drainage pattern.

2.7        All fences shall be maintained in a good state of repair, free from accident hazards and are subject to inspection by the Municipal Law Enforcement Officer (MLEO).

2.8        Wooden fences, with the exception of cedar redwood or specifically pressure treated materials, shall be finished with a weather resistant preservative finish

2.9         Metal fencing shall be constructed of a rust resistant material and shall be finished with a weather resistant preservative finish

2.10       All fences requiring maintenance shall be constructed to facilitate this maintenance. Where access is obstructed, the fence shall be constructed with movable sections.

2.11       All fences shall be completed within six (6) months of commencing construction

 

3. HEDGE FENCE

3.1 Every person shall maintain neatly trimmed a naturally growing hedge to a maximum width of 2 metres.

3.2 No person shall plant or maintain a naturally growing hedge within 1 metre of a property line, except if the hedge is along an external side yard property line, the owner can plant it on the property line.

3.3 Subsection 2 does not apply with respect to adjoining landsso long as the owners thereof agree in writing that Subsection 3.2 does not apply.

3.4 The maximum height restriction for a naturally growing hedge shall be 5 metres, except along a front property line or within a front yard; the maximum height shall be 1.2 metres.

4. FENCES- PROHIBITED TYPES

4.1 No barbed wire, razor wire or electrically charges wire which is intended to give an electrical discharge shall be used as a part or in conjunction with any fence unless specified in this By-Law.

4.2 Barbed wire or electric fences shall be permitted only when used for the confinement of animals for agricultural purposes.

4.3 Notwithstanding Subsection 2 above, no person shall use or erect barbed wire, razor wire or electrical fencing on residential property.

5. FENCES- PERMITTED MATERIALS

5.1 Fences may be of wooden, chain link, stone, wrought iron, brick or similar construction materials.

6. MAXIMUM HEIGHT OF FENCES- URBAN AND RURAL RESIDENTIAL PROPERTIES

6.1 The maximum height of fences extending from the finished grade to the top of the fence shall be 2.6 metres, except along a front property line or within a front yard ; the maximum height shall be 1.2 metres.

6.2 Notwithstanding Subsection 1 above, the maximum height of fences could be higher because of topographical issues and with the approval of the Municipal Planner.

7. DIVISION FENCES

7.1 The owners of adjoining lands may erect along the dividing line between their lands a division fence.

7,2 Subsection 1 above does not apply if :

7.2.1 the adjoining lands are both unoccupied;

7.2.2 the owners of adjoining lands continue to agree in writing that Subsection 7.1 does not apply.

 

8. MEASUREMENTS

8.1 Measurements of fences are from the finished grade of a property to the top part of the fence including posts or decorative posts.

8.2 Where there is a grade difference between the two sides of the fence, the height of the fence shall be measured from the higher grade to the top of the fence.

 

9. DESIGN

9.1 No person shall erect a fence that is not in keeping with the architectural design and concepts of adjacent buildings or structures

9.2 Where a fence exhibits a finished and unfinished face, the most finished face shall face outward from the owner’s Where the cost of construction is to be shared between the owners on adjacent properties, then both sides of the fence must be equally finished along the shared portion.

 

10. SNOW FENCE

10.1 Snow fencing shall only be used as a temporary device and therefore may be erected and maintained only as follows:

10.1.1 during the winter months for the purpose of snow control;

10.1.2 to temporarily provide a barricade for a public purpose;

10.1.3 shall not be constructed as to cause a snow drift on a sidewalk, pedestrian pathway or road allowance.

 

11. FENCE PROTECTION ON MUNICIPAL PROPERTY

11.1 No person shall erect or construct a fence on Municipal property or a road allowance without first obtaining a written authorization from the municipality.

 

12. FENCE PERMIT REQUIRED

12.1 A permit is required for the planting of a naturally growing hedge and the erection or construction of a fence only where a property is located within residential and village core zones, as demarcated on Schedule ‘A’ of Zoning By-law 2-2006.  The permit shall be issued by the (MLEO). The (MLEO) may require surveyor’s plans to establish the location of such fence.

12.2 The permit fee for erection, construction of a fence or retaining wall is set out in Schedule “A” attached to and forming part of this By-Law.

12.3 Permit is not required for snow fence or public barricades used temporarily for public purposes.

 

13. NON-CONFORMITY

13.1 Nothing in this By-Law shall prevent the use and maintenance of any fence for any purpose prohibited by the By-Law, if such fence was lawfully erected and used for such purpose prior to the enactment of this By-Law.

13.2 Any owner may apply for approval, pursuant to Section 41 of the Planning Act as amended, to erect a fence otherwise permitted under the provisions of this By-Law.

 

14. ENFORCEMENT

14.1 This By-Law shall be enforced by the Municipal Law Enforcement Officer (MLEO) of The Nation Municipality.

 

15. VALIDITY

15.1 If a court of competent jurisdiction should declare any section or part of a section of this By-Law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced Council to pass the remainder of this By-Law and it is hereby declared that the remainder of this By-Law shall be valid and shall remain in force.

 

16. PENALTY

16.1 Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is liable to a fine as prescribed for under the Provincial Offences Act, S.O. 1990, Chapter P.33, as amended.

16.2 For the purposes of this section, each day an information shall constitute a separate offence.

 

17. PROHIBITING  ORDER

17.1 In addition to imposing a fine, the Court may, upon conviction of an offence under this By-Law, make an order prohibiting the continuation or repetition of the violation by the person or corporate entity convicted.

 

18. REPEAL OF PREVIOUS BY-LAW

18.1 That By-law 79-2009 is hereby repeated.

 

19. BY-LAW TO TAKE EFFECT

19.1 This By-Law shall take force on the day it is finally adopted by Council.

 

 

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN

COUNCIL THIS 151

DAY OF OCTOBER, 2012.

SEAL

 

SCHEDULE “A” TO BY-LAW NO. 134-2012

 

ERECTION OF FENCES, RETAINING WALLS PERMIT FEES

Erection of a fence, including a naturallv arowina hedge $20.00

 

THE CORPORATION OF THE NATION MUNICIPALITY BY-LAW # 30-2021

DISCHARGE OF FIREARMS

BEING A BY-LAW TO PROHIBIT OR REGULATE THE DISCHIARGE OF FIREARMS IN THE NATION MUNICIPALITY

WHEREAS the Municipal Act, S.O. 2001, c.25, section 119 provides authority to a local municipality, for the purpose of public safety to prohibit or regulate the discharge of guns, firearms, air guns, spring-guns, cross-bows, long-bows and any other weapon.

AND WHEREAS the Council of the Corporation of The Nation Municipality deems it necessary and desirable for the protection of persons and property to pass a By-Law to prohibit and regulate the discharge of firearms within the geographic limits of the Corporation of the Nation Municipality for the purpose of public safety;

NOW THEREFORE the Municipal Council of the Corporation of The Nation Municipality hereby enacts as follows.

DEFINTIONS

1. For the purpose of this By-Law, the following terms shall have the corresponding meaning:

  • “Chief of Police” means the officer in charge of any detachment of the Ontario Provincial Police either providing police services to the area municipality by agreement, or otherwise having jurisdiction in the municipality.
  • “Corporation of The Natio n Municipalit y ” means the municipal corporation known as The Nation MunicipaIit y or the geographic area of The Nation Municipality, as the context requires;
  • “Firearm” means any class or type of gun or other firearm including a shotgun, rifle, air­ gun, spring-gun, and any class of bows or cross-bows and any other barreled weapon from which any shot, bullet, missile or other projectile may be discharged; and that is capable of causing bodily injury or death to a person;
  • “Farmer” means a farmer as defined in the Farming and Food Protection Act, S.O. 1998, c.1, as amended;
  • “Highway” means a common and public highway, street, avenue, parkway, driveway, square, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
  • “Navigable Water”   means  navigable  water   as  defined   in the   Navigable   Waters Protection Act, R.S.C. 1985, Chap., c.N-22;
  • “Peace Officer” means,

a) a Police Officer as defined in the Po/ice Services Act,  S.O.  1990, c.P.15, as amended;

b) Conservation Officer    appointed to  enforce the Fish  and Wildlife Conservation Act, 1997, O. 1997, c 41, as amended;

c) a Municipal Law Enforcement Officer appointed to enforce the By-Laws of the Municipality;

d) a Peace Officer as defined inthe Criminal Code, S.C. 1985, c. c-46, as amended;

e) a member or officer of the Royal Canadian Mounted Police Force;

f) a member or officer of the Canadian Armed Forces;

  • “Trapper” means a person who is the holder of a valid trapping license issued by the Ministry of Natural Resources;

INTERPRETATION

SEVERABILITY

  1. It is declared that if any section, subsection, part or parts thereof of this By-Law be declared by any Court of Law to be invalid unenforceable, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be severable and all other parts hereof are declared to be separate and independent and enacted as such.

REGULATIONS

DISCHARGE OF FIREARMS

3. (1)No person shall discharge a firearm in those areas being hamlets, villages, village limits, subdivisions, or any other built up area of the Nation Municipality or on any navigable water located within or adjacent to the areas mentioned above.

(2) Furthermore, no person shall discharge a firearm;

a) on, over or across any highway or portion thereof;

b) on, over or across any public land within The Nation Municipality including parks, the St-Albert Conservation area, property owned by The Nation Municipality, school property, recreational areas, community center, community sports facility;

c) within 300 meters of any place of worship, community  center, community sports facility, public hall or school property;

EXEMPTIONS

  1. Despite Sections 3, this By-Law shall not restrict or regulate the discharge of firearms by the following

a) a peace officer in the performance of his or her duty;

b) a person appointed as a Municipal Law Enforcement Officer or as an agent for The Nation Municipality or a provincial or federal government agency for the purpose of destroying sick, injured or vicious animals in the performance of their stated duties;

c) a farmer or his or her agent, in order to destroy livestock in connection with farming practices, to scare or destroy animals that are found in the act of killing or injuring livestock or poultry and wildlife destroying his or her property in accordance with the Migratory Birds Convention Act, 1994, c 22 and the Fish and Wildlife Conservation Act, 1997, O. 1997, c 41, as amended,

d) members of a bona fide gun club, riffle range, or skeet club in a specific area, zoned for the purpose and, where applicable, only with the prior approval of the Firearms Office, Ontario Ministry of Public Safety and Security;

e) members of a bona fide archery club in a specific area, zoned for the purpose and, where applicable, in accordance with the rules and regulations of the Ontario Archery Association;

f) a facility operated by or for a municipal, provincial or federal police force;

g) a person firing blank ammunition for or in connection with lawful use in a motion picture, television, stage productions and historical displays or educational programs of a public museum;

h) a person firing blank ammunition for animal training purposes or for the purpose of starting or controlling a sporting event of a similar nature to foot racing, sailing or golf;

i) a person discharging any class of bow or cross bow for target practice provided that such activity and the location is authorized by Council

OFFENCES AND PENALTIES

Any person who contravenes any of the provisions of this By-Law is guilty of an offence.

Every person who is convicted of an offence under any provisions of this By-Law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c P.33, as amended.

PROHIBITION ORDER

When a person has been convicted of an offence under this By-Law:

a) the Ontario Court of Justice; or

b) any court of competent jurisdiction may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

ADMINISTRATION  & ENFORCEMENT

This By-Law shall be enforced by the Chief of Police and the Municipal By-Law Enforcement Officers of The Nation Municipality.

EFFECTIVE DATE

Mayor

 

 

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 27-2022

FIREWORKS

BEING a By-Law to amend By-Law No. 115-2021 regarding the use of fireworks and flying lanterns in The Nation Municipality.

WHEREAS, the By-law Enforcement Department has recommended making certain amendments to By-law number 115-2021;

AND WHEREAS, Council deems it advisable to amend By-law number 115-2021 based on careful review of the recommendations received;

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

1- That Section 25 be amended as follows:

“Subject to section 24, a person eighteen (18) years of age or older may discharge consumer fireworks on any land belonging to him or her or on any other privately owned land provided that the owner thereof has given permission for such the discharge of consumer fireworks as permitted in this by-law.”

2- That Section 38 be amended as follows:

“Every permit holder shall comply with the following conditions, which applies to the holding of a display of Display Fireworks under a permit issued under this by-law:

  • The permit is valid only for the display at the place and on the date or dates set forth in the permit;
  • The permit holder shall supervise the display of display fireworks;
  • The permit holder shall discharge the display fireworks;
  • Every permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use; and
  • The permit holder shall comply at all times with the provisions of the Act, FPPA and the Display Fireworks Manual published by Natural Resources Canada or any successor publication

3. That Section 45 be amended as follows:

“Every permit holder shall comply with the following conditions, which applies to the holding of a display of pyrotechnic special effect fireworks under a permit issued under this by-law:

  • the permit is valid only for the display at the place and on the date or dates set forth in the permit;
  • the permit holder shall supervise the display of pyrotechnic special effect fireworks;
  • the permit holder shall discharge the pyrotechnic special effect fireworks;
  • the permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use; and
  • the permit holder shall comply at all times with the requirements of the Act, FPPA and the Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.”

4. That all other sections of By-Law No. 115-2021 shall remain the same.

 

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 14TH DAY OF MARCH, 2022

 

___________________________           __________________________

Francois St. Amour, Mayor                         Josée Brizard, Clerk

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 115-2021

FIREWORKS

DEFINITIONS

In this By-Law:

1. “Act” means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and the regulations enacted thereunder as amended from time to time or any act and regulations enacted in substitution therefor;

2. “Corporation” shall mean the Corporation of The Nation Municipality

3. “Consumer Fireworks” means an outdoor, low hazard, recreational firework that is classed as a subdivision 1 of division 2 of Class 7 Fireworks under the Act and includes firework showers, fountains, golden rain, lawn lights, pinwheels, Roman candles, volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns containing not in excess of twenty-five one hundredths of a grain of explosive used per cap;

4. “Discharge” means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off, and the words “discharged” and “discharging” have similar meaning

5. “Display Fireworks” means an outdoor, high hazard, recreational firework that is classed as a subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillons, maroons, large wheels, bouquet, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include firecrackers;

6. “Fire Chief” means the Chief of Fire Services of the Municipality or authorized subordinates;

7. “Firecracker” means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers;

8. “Fireworks” means display fireworks, pyrotechnic special effects fireworks and consumer fireworks

9. “Fireworks Supervisor” means a person who is an approved purchaser of display firework and who is qualified under the Act to supervise the discharge of display fireworks;

10. “Flying Lanterns” also known as “Sky Lanterns”, “Chinese Lanterns”, “Kongming Lanterns” or “Wish Lanterns”, means a small hot air balloon or similar device made of treated paper or any other material, with an opening at the bottom, which is propelled by an open flame generated by a small candle or fuel cell, allowing the balloon or similar device to rise and float in the air, uncontrollably, while ignited;

11. “Manager of Municipal Law Enforcement” shall mean the Manager of Municipal By-law Enforcement of the Corporation of The Nation Municipality;

12. “Prohibited Firework” includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistol, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of prohibited fireworks as published from time to time under the Act;

13. “Pyrotechnician” means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of pyrotechnic special effect fireworks under the Act

14. “Pyrotechnic Special Effect Firework” means a high hazard firework that is classed as a subdivision 5 of Division 2 of Class 7 Firework under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels;

15. “Sell” includes offer for sale, cause or permit to be sold and to possess for the purpose of sale, and the words “selling” and “sold” have a similar

16. “Residential Zones” is as defined in The Nation Municipality’s Zoning By-law number 2-2006. Residential zones are divided into these four groups

i) R1: low density residential zone;

ii) R2: medium density residential zone;

iii) R3: high density residential zone; and

iv) R4: mobile home residential zone

Interpretation

17. ln this by-law:

i) Words importing the singular number only include more persons, parties or things of the same kind than one and the converse, and

ii) A word interpreted in the singular number has a corresponding meaning when used in the plural.

18. It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separated and independent and enacted as such.

Flying Lanterns

  1. Flying Lantern Discharge:
    1. No person shall ignite, release or set off into the air an ignited Flying Lantern within The Nation Municipality.
  2. Flying Lantern Sale:
    1. No person within The Nation Municipality shall offer for sale, cause or permit to be sold, or sell any Flying Lanterns.

Discharge of Firecrackers and Prohibited Fireworks

  1. No person  shall  discharge  any  firecrackers  within  The Nation Municipality; and
  2. No person shall discharge any prohibited fireworks within The Nation Municipalit

Consumer Fireworks

  1. No person shall discharge consumer fireworks within The Nation Municipality, except on the following days from 8pm to 11 pm:

i) Victoria Day;

ii) The day immediately preceding Victoria Day;

iii) The day immediately following Victoria Day;

iv) St-Jean Baptiste Day

v) The day  immediately  preceding  St-Jean  Baptiste Day;

vi) The day immediate following St-Jean Baptiste Day;

vii) Canada Day;

viii) The day immediately preceding Canada Day; or

ix) The day immediately following Canada Day

24. No person shall discharge consumer fireworks within The Nation Municipality if any of the following applies:

i) The location of the discharge of fireworks is in a Residential Zone (R1, R2, R3 and R4);

ii) During a Fire Ban or a Partial Fire Ban;

iii The location of the discharge of fireworks is outside Residential Zones (R1, R2, R3 and R4) and is within a distance of 30 metres (100 feet) from neighbouring dwellings and I or structures;

  1. Subject to section 24, a person eighteen (18) years of age or older may discharge consumer fireworks on any land belonging to him or her or on any other privately owned land the owner thereof has given permission for such the discharge of consumer fireworks as permitted in this by-law.
  2. No person shall discharge any consumer fireworks in such manner as might create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks.
  3. No person shall discharge any consumer fireworks in or into any building, doorway, or automobile.
  4. No person shall discharge any consumer fireworks in or on or into any highway, street, lane, square or other public places.
  5. No person under the age of eighteen (18) years of age shall discharge any consumer fireworks except under the direct supervision and control of a person of eighteen (18) years of age or over.
  6. No person being the parent or guardian of any person under the age of eighteen (18) years of age shall allow the person to discharge any consumer fireworks except when such parent or guardian or some other responsible person of eighteen (18) years of age or over is in direct supervision and control.

Grant of Exemption of By-law

  1. Notwithstanding anything contained in this By-law, any person may submit a request to the Manager of Municipal By-law Enforcement, or his delegate, to be granted an exemption from any of the provisions of this By-law, and the Manager of Municipal Law Enforcement may refuse to grant any exemption, or may grant the exemption applied for, or any exemption of lesser effect, and any exemption granted shall specify the date, time, and location of the display of consumer fireworks.
  2. All requests for exemptions shall include the following information:

i) Date and time that the consumer fireworks will be discharged;

ii) Location of the discharge of consumer fireworks;

iii) Name of the person that will discharge the consumer fireworks;

iv) Description of the event or reason for the discharge of fireworks; and

v) Confirmation that neighbours were notified of the discharge of fireworks

Display Fireworks

  1. No person or group of persons shall hold a display of display fireworks in The Nation Municipality without first having obtained a permit to do so issued by the Manager of Municipal Law Enforcement or his delegate.

 

Conditions to applying to permit for Display Fireworks

  1. Every application for a permit shall be made to the Manager of Municipal Law Enforcement a minimum of 30 days prior to the event when the proposed discharge of display fireworks is to occur.
  2. Every application for a permit shall include:

i)A description of the event including:

      1. The date and time of the proposed discharge of display fireworks;
      2. The type and kind of display fireworks that may be discharged;
      3. The discharge techniques to be used;
      4. The manner and means of restraining unauthorized persons from attending the discharge site;
      5. The manner in which unused display fireworks are to be disposed of; and
      6. The number of persons authorized to handle and discharge the display fireworks

ii) A site plan providing a description of the discharge site to be used for the discharging of the display fireworks;

iii) A description of the fire emergency procedures;

iv) The name and address of the applicant and the sponsoring organization, if applicable;

v) Proof of certification of the applicant as a Firework Supervisor;

vi) Proof of the consent of the owner of the property to the discharge of display fireworks in writing;

vii) A processing fee of 25$;

viii) Proof of insurance and indemnification in accordance with Sections 10 and 11; and

ix) Such other information as required by the Fire Chief and I or the Manager of Municipal Law Enforcement.

  1. An applicant for a permit is subject to the provisions of this by-law, entitled to be issued the permit, except where:

i) The application is incomplete;

ii) The applicant is not a Fireworks Supervisor;

iii) The display is not being held under the auspices of an established club, association or group of persons;

iv) There are reasonable grounds for belief that the holding of the display of fireworks will result in a breach of this by-law or the Act.

  1. Manager of Municipal Law Enforcement and I or their delegates may issue permits for displays of fireworks on the conditions set forth  in this  by-law,  and each such permit shall state the name of the sponsoring club, association or group, the purpose of the display, the place and date at which the same may be held, and the name of the person under whose supervision the display shall be held.
  1. The following conditions shall apply to the holding of a display of display fireworks under a permit issued under this by-law:

i) The permit is valid only for the display at the place and on the date or dates set forth in the permit;

ii) The  permit  holder  shall  supervise  the  display  of display fireworks;

iii) The permit    holder    shall    discharge     the   display fireworks;

iv) Every permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use; and

v) The permit holder shall comply at all times with the provisions of the Act, FPPA and the Display Fireworks Manual published by Natural Resources Canada or any successor publication.

Pyrotechnic Special Effects Fireworks

  1. No person or group of persons shall hold a display of pyrotechnic special effect fireworks in The Nation Municipality without first having obtained a permit to do so issued by the Manager of Municipal Law Enforcement and I or their delegates.
  2. No person or group of persons shall discharge any pyrotechnic special effect fireworks in The Nation Municipality without first having obtained a permit issued by the Manager of Municipal Law Enforcement and I or their delegates authorizing the display of pyrotechnic special effect fireworks.
  3. Every application for a permit shall be made to the Manager of Municipal Law Enforcement a minimum of 30 days prior to the event when the proposed discharge of pyrotechnic special effects fireworks is to occur.
  4. Every application for a permit shall include:

i) a description of the event including, a site plan of the facility and room capacity, the stage and the pyrotechnic special effect fireworks storage area;

ii) a list of all the pyrotechnic special effect fireworks to be employed;

iii) location of all pyrotechnic special effect fireworks;

iv) height, range of effect, fallout and duration of the display of pyrotechnic special effect fireworks;

v) sequence of firing;

vi) location of the audience and all exits; and

vii) date and time of the proposed event using pyrotechnic special effect fireworks;

viii) description of fire emergency procedures;

ix) name and address of the applicant and the sponsoring business or organization, if applicable;

x) proof of certification of the applicant as a pyrotechnician;

xi) proof of insurance and indemnification in accordance with Sections 10 and 11;

xii) proof of consent of the owner of the property to the discharge of pyrotechnic special effect fireworks in writing if the applicant is not the owner of the property;

xiii) a processing fee of $25.00; and

xiv) such other information as required by the Fire Chief.

  1. An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:

i) The application is incomplete;

ii) The applicant is not a pyrotechnician under the Act; or

iii) There are reasonable grounds for belief that the holding of the display of fireworks will result in a beach of this by-law, the FPPA or the Act

  1. The Manager of Municipal Law Enforcement may issue permits for displays of pyrotechnic special effect fireworks on the conditions set forth in Section 44, and each such permit shall state the name of the sponsoring business, club, association or group, the purpose of the display, the place and date at which the display may be held, and the name of the pyrotechnician under who supervision the same shall be held.
  2. The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under a permit issued under this by-law:

i) the permit is valid only for the display at the place and on the date or dates set forth in the permit;

ii) the permit holder shall supervise the display of pyrotechnic special effect fireworks;

iii) the permit holder shall discharge the pyrotechnic special effect fireworks;

iv) the permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use; and

v) the permit holder shall comply at all times with the requirements of the Act, FPPA and the Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.

  1. No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.
  2. The permit holder holding the display of pyrotechnic special effects fireworks shall ensure that all unused fireworks and all debris be removed.

Insurance

  1. The applicant shall provide and maintain Commercial General Liability insurance subject to limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use Such insurance shall be in the name of the applicant and shall name the Corporation of The Nation Municipality as an additional insured thereunder. Such insurance shall include permission to conduct displays of pyrotechnic special effects fireworks or display fireworks. Such insurance policy shall contain an endorsement to provide The Nation Municipality with (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the Nation Municipality prior to the issuance of a permit.

Indemnification

  1. The applicant shall indemnify and save harmless The Nation Municipality from any and all claims, demands, causes of action, loss, costs or damages that The Nation Municipality may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law, whether with or without negligence on the part of the applicant, or the applicant’s employees, directors, contractors and agents.

General Regulations

  1. Every holder of a display fireworks permit shall produce his or her permit upon being so directed by the Fire Chief or Manager of Municipal By-law Enforcement, or any of their delegates.
  2. Every holder of a pyrotechnic special effect fireworks permit shall produce his or her permit upon being so directed by the Fire Chief or Manager of Municipal By-law Enforcement, or any of their delegates.

Offences and Penalties

  1. Every person who contravenes any of the provisions of this by-law is guilty of an offence.
  2. Every person who is convicted of an offence under this by­ law is liable to a fine as provided for in the Provincial Offense Act, S.O. 1990, Chapter p.33.

Short Title

  1. This by-law may be referred to as the “Fireworks and Flying Lanterns By-Law”.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 27TH DAY OF SEPTEMBER 2020.

 

Fireworks By-Law in PDF Format

Fireworks amendment in PDF Format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW No. 49-2021

HALF LOAD

Being a by-law to designate half load restrictions on municipal roads within the boundaries of The Nation Municipality.

WHEREAS that the provisions of subsections 1, 2, 3, 4 and 7 of Section 122 of the Highway Traffic Act , R.S.O. 1990, Chapter 8 shall apply to all highways under the jurisdiction of The Nation Municipality.

WHERAS that reduced load period is deemed necessary for the protection of certain highways in The Nation Municipality.

AND WHEREAS, Council deems it necessary to provide for an exemption of a certain road from the reduced load provisions in Schedule A;

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

  1. That the provisions of subsection 7 of Section 122 of the Highway Traffic Act 1990, Chapter 8 as amended shall apply to all highways under the jurisdiction of The Nation Municipality during the period from the 1sT day of March to the 3151day of May, inclusive, in each and every year.
  2. This By-Law shall come into effect on the date that the appropriate signs are erected and displayed indicating a reduced load period and the Public Works Director of the Corporation is hereby directed to post said signs with the prescribed time as stated in paragraph 1 of this By-Law, at his Depending upon the condition of the road, street or highway.
  3. That Schedule “B” being portion of municipal roads that the reduced load period does not apply hereto attached be part of this By-Law 49- 2021.
  4. That By-Law No 42-98, 14-99, 45-2003 and 38-2004 be hereby rescinded.
  5. That this By-Law shall take effect upon its final passing.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 81h  DAY OF MARCH, 2021.

CORPORATION  OF THE NATION MUNICIPALITY BY-LAW No. 49-2021

SCHEDULE “A”

The municipal road described below is hereby exempt from the reduced loads period:

EAST SECTOR OF THE MUNICIPALITY
  • Concession 21 Road.  From Ste-Catherine  Street travelling westerly after the entrance of the civic address 3871 in Concession 21  Lots 7 and 8, Concession 20.  St-Isidore area.
WEST SECTOR OF THE MUNICIPALITY
  • Calypso Street.  From Limoges Road easterly up to the railway Lots 24 to 30, between concessions 3 and 4 Reference:  Map # 2 – Limoges area.
  • Pommainville Road.  From Calypso Street to Antoine Road Lots 24 and 25, concession  4 Reference:  Map # 2  – Limoges area.
  • Innovation Park.  From Pommainville Road including Stamp, Joiner and Innovation Road.  Lot 24, Concession. Limoges area

 

Half load Restrictions By-Law in PDF Format

THE CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO.50-2002

LOTTERIES

BEING A BY-LAW of the Corporation of The Nation Municipality to prescribe a lottery licencing fee schedule.

WHEREAS Section 207 of the Criminal Code authorises municipalities to issue certain lottery licences; and

WHEREAS pursuant to Section 23 of Order-in Council 2688/93, municipalities may set their own fee schedule for lottery licences provided it does not exceed the maximum lottery licencing fees prescribed by the Registrar of Alcohol and Gaming; and

WHEREAS the Council of the Corporation of The Nation Municipality deems it desirable to do so; now

THEREFORE the Council of Corporation of The Nation Municipality enacts as follows:

1.That the following licencing fee schedule shall apply to all lottery licences issued by The Nation Municipality:

a) Bingo 3% of total proposed prize;

b) Raffie 3% of total proposed prize;

c) Break Open Tickets Bazaars 3% of total proposed prize;

d) Bazzar

  • i)          Wheel of Fortune  $10.00 per wheel per day; plus
  • ii)          Bingo 3% of proposed prize; plus
  • iii)         Raffie  3% of proposed prize.

2.That the licence fees referred to in Section 1 are non-refundable and shall not be reduced.

3.That By-Law 2-99 of The Nation Municipality is hereby repealed.

4.This By-Law shall come into force and take effect on the day of its passing.

READ A FIRST, SECOND AND DULY PASSED UPON THIRD READING THIS sm DAY OF JULY, 2002.

Clerk

 

Lottery By-Law in PDF Format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 65-2000

NOISE BY-LAW

BEING A BY-LAW of the Corporation of The Nation Municipality to prohibit and regulate noise.

WHEREAS paragraph 138 of Section 210 of The Municipal Act, RS.0. 1990, c. M.45, as amended, provides that the Council of a Municipality may pass by-laws for prohibiting or regulating, within the municipality or within any defined area or areas thereof, the ringing of bells, the blowing of horns, shouting and unusual noises or noises likely to disturb the inhabitants; and

WHEREAS The Corporation of The Nation Municipality deems it desirable to do so; now

THEREFORE the Council of The Nation Municipality enacts as follows:

SHORT TITLE

1- This by-law may be cited as the “Noise By-Law”.

DEFINITIONS

2- In this by-law:

a) “Municipality” shall mean The Nation Municipality;

b) “Corporation” shall mean the Corporation of The Nation Municipality;

c) “Municipal Law Enforcement Officer” shall mean a Municipal Law Enforcement Officer appointed by the Council of the Corporation of The Nation Municipality;

d) “Construction” shall mean erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith;

e) “Trade” shall include, but not be limited to, steelwork, welding, wood working, automotive repair and painting, machinery repair, and includes any work in connection therewith;

f) “Construction equipment” shall mean any equipment or device designed and intended for use in construction , or material handling, including, but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;

g) “Council” shall mean the Council of the Corporation of The Nation Municipality;

h) “Highway” includes a common and public highway, street, concession, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for , or used by, the general public for the passage of vehicles;

i) “Motor vehicle” includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways, or other motor vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act;

j)  “Conveyance” includes a vehicle and any other device employed to transport a person or persons or goods from place to place;

k) “Motorized conveyance” shall mean a conveyance propelled  or driven otherwise than by muscular, gravitational or wind power;

l) “Municipality” shall mean the land within the geographic limits of The Nation Municipality;

m) “Noise” shall mean unwanted sound or sounds likely to disturb the inhabitants of The Nation Municipality;

GENERAL

3.No person shall emit, or cause to be emitted, noise within the municipality from any act listed herein at any time;

a) Racing of any motorized conveyance other than in a racing event regulated by law

b) The operation of any motor vehicle in such a way that the tires squeal

c) The operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation

d) The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance

e) The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices

f) The operation of any item of construction equipment without effective muffling devices in good working order and in constant operation

g) The operation of any engine or motor without an effective muffler system in connection with any hobby such as model aircraft or boat operation without limiting the generalities

h) The operation of any electronic device or group of connected electronic devices incorporating one of more loudspeakers or other electro-magnetically transducers and intended for the production, reproduction or amplification of sound

4.No person shall emit, or cause to be emitted, noise within the municipality from an act listed below between the hours of 11:00 p. and 6:00 a.m.:

a) The operation of any auditory signaling device, including but not limited to, the ringing of bells, except for religious services, gongs, the blowing of horns, sirens or whistles, the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices.

b) Yelling, shouting, hooting, whistling or singing.

c) Construction

d) Trade

e) The operation or use of any tool for household purposes other than snow removal

f) Loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services, or the moving of household effects

g) The operation of any motorized conveyance other than on a highway or other place intended for its operation

5.Notwithstanding any other provisions of this By-Law, it shall be lawful to emit or cause or permit noise in connection with;

a) emergency measures taken for the immediate health, safety or welfare of the inhabitants or any of them or the preservation or restoring of property;

b) normal farming practices in accordance with the Farm Practices Protection Act, S. 0. 1990, c. F.6. and amendments thereto;  unless such noise is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such purpose.

GRANT OF EXEMPTION BY COUNCIL

  1. Notwithstanding anything contained in this By-Law, any person may make application to Council to be granted an exemption from any of the provisions of this By-Law and Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain any such terms and conditions as Council deems appropriate
  2.  In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it deems appropriate
  3. Any breach of any of the terms or conditions of any exemption granted by Council by the applicant shall render the exemption null and void

ADMINISTRATION

  1. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.

PENALTIES

  1. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, S.O. 1990, c. P.33 and amendments thereto.
  2. When a person has been convicted of an offence under this by-law, any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed towards the continuation or repetition of the offence
  3. The requirements of this by-law are severable, if any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected
  4. This by-law shall come into force on the date of its adoption and shall effect on that date
  5. That By-Law 40-89 of the Township of Cambridge, By-Law 19,1992 of the Township of Caledonia and By-Law 96-01 of the Village of Isidore are hereby repealed.

READ A FIRST, SECOND AND DULY PASSED UPON A THIRD READING IN OPEN COUNCIL THIS 11th DAY OF SEPTEMBER, 2000.

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 4-2020

OBSTRUCTION OF HIGHWAYS BY-LAW

BEING A BY-LAW of the Corporation of The Nation Municipality to prohibit and regulate the obstruction or encumbering of highways;

WHEREAS Section 8(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (“Municipal Act, 2001”) provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal  issues;

WHEREAS Section 27 (1) of the Municipal Act, 2001, provides that a municipality may pass by-laws in respect of a highway only if it has jurisdiction of the highway;

WHEREAS Section 391(1) of the Municipal Act, 2001, provides that a municipality may impose fees or charges on any Person for services or activities provided by the municipality or done on behalf of it;

WHEREAS Section 446(1) of the Municipal Act, 2001, If a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense.  2006, c. 32, Sched. A, s. 184

WHEREAS the Corporation of The Nation Municipality  deems  it expedient to repeal and replace By-laws No. 62-2000, 67-2003 and 12- 2014;

NOW THEREFORE the Council of the Corporation of The Nation Municipality enacts as follows:

SHORT TITLE

  1. This By-Law may be cited  as the “Obstruction of Highways  By­ law.”

DEFINITIONS

  1. In this By-Law:

a) “Corporation” shall mean the Corporation of The Nation Municipality

b) “Council” shall mean the Council of the Corporation of The Nation Municipality;

c) “Highway” shall mean all allowances for roads made by Crown surveyors, all highways laid out or established under the authority of any statute, all roads on which public money has been spent for opening them or on which statute labour has been usually performed, all roads dedicated by the owner of the land to public use, all alterations and deviations of and all bridges over any such allowances for road, highway or road, except in so far as they have been stopped up according to law;

d) “Municipal Law Enforcement Officer” shall mean a Municipal Law Enforcement Officer appointed by Council of the Corporation of The Nation Municipality;

e) “Municipality” shall mean The Nation Municipality;

f) “Obstruction” shall mean obstruct, encumber, damage or foul;

g) “Vehicle” shall mean a motor vehicle, trailer, boat, motorized snow vehicle, mechanical equipment and any vehicle drawn, propelled or driven by any kind of power;

GENERAL

  1. No person shall Obstruct any Highway by any means whatsoever;
  2. No person shall park, store or leave any wrecked, dismantled, inoperative or unused vehicle or machinery or any part thereof or unlicensed vehicle where the said vehicle would require a licence under the Highway Traffic Act, S. 0. 1990, c. H.8.
  3. No person shall store or leave any furnace, water or fuel tank, household furniture, refrigerator, freezer, stove, or similar appliance whether operable or inoperable, or any part thereof on any highway;
  4. No person shall store or leave any lumber, timber, log, saw dust, wood chips, wood products, cement blocks, construction materials, or demolition materials on any highway;
  5. No person shall install or store any fence, post, rod, rock or wire on any highway;
  6. No person shall cause or permit or allow any deposit of mud, earth, manure, hay bales, or any other agricultural by-product on any street, sidewalk or highway;
  7. No person shall throw, place or deposit on a highway or cause to be thorn, placed or deposited on a highway by any means whatsoever, any earth, dirt, gravel, stone, wood, building material, or other substance, material or object;
  8. No person shall throw, place or deposit on a highway or cause to be thrown, placed or deposited on a highway by any means whatsoever any paper, containers, whether made of cardboard, paper or plastic; rubbish; refuse; or garbage;
  9. No person shall cause or permit or allow any snow and ice to be dumped, thrown, placed, pushed or deposited onto any street, sidewalk or highway;
  10. Subsection (9) shall not apply to a person putting sand or salt on the icy portions of a sidewalk or roadway to reduce the danger of pedestrians falling, or to enable a vehicle to use a roadway;

ENFORCEMENT

  1. If an Officer determines that an Obstruction of a Highway exists, the Officer may issue an order requiring the Owner, Occupant, and/or Contractor of the property from which the Obstruction comes from, relates to, or was created for, to discontinue causing the Obstruction and to remove the Obstruction and repair, as necessary, at the expense of the Owner, Occupant and/ or Contractor, the Highway so that the Highway is brought back to its former condition prior to the Obstruction;
  2. Where the order described in subsection 10 is not complied with within the time period stipulated therein, the Municipality may remove the Obstruction and repair, as necessary, the Highway and all the costs incurred by the Municipality in undertaking this work shall be  expenses   owed   to  the   Municipality   by  the   Owner, Occupant and/or Contractor of property from which the Obstruction comes from, relates to, or was created for;
  3. If an Officer determines that an Obstruction of a Highway is, or may create, a hazardous condition to the safety of any Person using the Highway, the Officer may take any action necessary to have the Obstruction immediately removed and the Highway repaired, if necessary, and all costs incurred by the Municipality in undertaking this work shall be expenses owed to the Municipality by the Owner, Occupant and/or Contractor of the property from which the Obstruction comes from, relates to, or was created for.
  4. This By-Law shall be enforced by the Municipal Law Enforcement Officers for The Nation Municipality;
  5. This By-Law shall come into force on the date of its passing and shall repeal By-Laws #62-2000, 67-2003, 12-2014;

READ A FIRST, SECOND AND THIRD TIME AND  PASSED IN OPEN COUNCIL THIS 271H  DAY OF JANUARY 2020.

 François St. Amour, Mayor                      

SEAL

 

Obstruction of Highways By-Law in PDF Format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 79-2018

OPEN AIR FIRES

BEING a By-Law to amend Schedule “A” of By-Law No. 84-2004 that regulates the setting of fires in the open air within The Nation Municipality.

WHEREAS, By-law 84-2004 regulates the setting of fires in the open air within The Nation Municipality and its Schedule A establishes the fees imposed to acquire a permit for fires with a flame base of more than 1 square metre;

AND WHEREAS, the schedule A of By-law 84-2004 must be reviewed from time to time;

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

1.That Schedule “A” of By-Law 84-2004 be amended by the following:

  • Permit for fire with a flame base of more than 1 metre, applicable for applications received in any month between January and December.  $25.00 per month

2. That this By-Law comes into effect on the date of its

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 25TH DAY OF JUNE, 2018.

Francois St. Amour, Mayor

SEAL

THE CORPORATION OF THE NATION MUNICIPALITY BY-LAW NUMBER N0° 84-2004

Being a by-law to regulate the setting of fires in the open air within The Nation Municipality.

WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that the Council of a local municipality may pass by-laws to prohibiting and regulating public nuisances; and

WHEREAS Section 7.1 (1) (b) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides that a council of a municipality may pass by-laws regulating the setting of open air fires, including establishing the times during which open air fires may be set; and

WHEREAS, the Council of the Corporation of The Nation Municipality deems it necessary for the health, safety and welfare of the inhabitants of The Nation Municipality to enact a by-law providing for regulation of the setting of open air fires within The Nation Municipality; now

THEREFORE the Council of The Nation Municipality enacts as follows:

SHORT TITLE

  1. This by-law may be cited as the “Open Air Burning By-Law”.

DEFINITIONS

  1. In this by-law:

a) “Municipality” shall mean The Nation Municipality;

b) “Owner” shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property;

c) “Corporation” shall mean the Corporation of The Nation Municipality;

d) “Municipal Law Enforcement Officer” shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of The Nation Municipality;

e) “Permit Holder” shall mean the person to whom a permit was issued;

f) “Fire Chief” shall mean the Chief of the Fire Department, a Sector Chief, a Station Chief, or his or her authorized designate;

g) “Fire Department” shall mean the Fire Department providing service for the Corporation of The Nation Municipality;

h) “Woodland” shall mean any treed property exceeding a one acre area but shall not include commercial tree nurseryoperations;

GENERAL REQUIREMENTS

  1. No person shall, unless otherwise authorized by the provisions of this or any other by-law of the Corporation, set, or permit to be set, a fire in the open air without first obtaining a fire permit as provided in this by-law.
  2. No person shall set, or permit to be set, a fire in the open air between one half hour before sunset and one half hour after sunrise.
  3. No person shall set, or permit to be set, a fire in the open air for the purpose of burning grass.
  4. To obtain a fire permit the owner shall file an application in writing by completing a prescribed form available in the office of the Municipal Law Enforcement Officer with the fee as indicated in Schedule “A” of this By­ law.
  5. The permit may, at the discretion of the Municipal Law Enforcement Officer or Fire Chief, designate any further terms or conditions of permit deemed necessary.

8. Section 3 of this by-law shall not apply to the following persons setting fires:

a) for the purpose of cooking;

b) having a flame base of less than 1 square meter;

c) in a 204 liter or less metal container covered by a wire

9. No fire permit shall be issued for any period of time exceeding 30 days with the following exeptions.

a) Commercial tree nursery operations may be issued a permit for one calendar year to burn cull and diseased trees and branches.

  1. No permit shall be issued during dry periods as designated by the Fire Chief or the Ministry of Natural Resources.
  2. No permit shall be issued unless the Municipal Law Enforcement Officer is satisfied that the fire will be a minimum of 50 meters from the nearest neighbor’s dwelling.
  3. No fire permit shall be issued unless the Municipal Law Enforcement Officer is satisfied that the fire will be a minimum of 150 meters from woodlands except during snow covered ground conditions
  4. 1 Despite any other provisions of this by-law, if upon inspection of a fire the Municipal Law Enforcement Officer or the Fire Chief is satisfied the fire poses a danger to the health or safety of any person or property the Officer or Chief shall cancel or suspend the fire permit and order the fire extinguished.
  5. No person shall burn petroleum products, plastics, rubber or any other material that will cause excessive smoke or noxious fumes.
  6. The area of burning must be restricted in order to enable the permit holder to extinguish the fire immediately if necessary due to a change in weather or other conditions or if so ordered by the Municipal Law Enforcement Officer or Fire Chief.
  7. No person shall be deemed to have been issued a permit until the Municipal Law Enforcement Officer has issued the permit. An application for a permit does not constitute a permit.
  8. No person shall give false or incorrect information for the purposes of obtaining a fire permit.
  9. No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer or Fire Chief in the lawful performance of his or her duties.
  10. No permit holder shall:

a) fail or refuse to produce the permit upon demand;

b) burn any material other than those for which the permit was issued;

c) fail to supervise the fire continuously from ignition until completely extinguished;

d) refuse to extinguish the fire when ordered to do so by the Fire Chief or Municipal Law Enforcement Officer;

e) fail to comply with any conditions on the Fire Permit;

ADMINISTRATION AND ENFORCEMENT

20. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer

21. The Municipal Law Enforcement Officer is hereby authorized to:

a) issue permits as provided in this by-law;

b) sign all permits on behalf of the Corporation;

c) limit the time for which a permit is issued;

d) undertake any technical investigation or inspection for the purposes of administering this by-law.

  1. The Municipal Law Enforcement Officer or Fire Chief may:

a) demand the fire permit for inspection from any permit holder;

b) inspect any premises for which a fire permit has been issued;

c) enter at all reasonable times upon any property in order to ascertain whether the provisions of this by-law are obeyed and to enforce or carry into effect this by-law.

PENALTIES

  1. (1) If any person or permit holder contravenes any provisions of this by-law, the Fire Department may enter upon any lands to extinguish fire and the cost of extinguishing the fire shall be at the expense of the owner.

(2) When the Municipal Law Enforcement Officer or Fire Department causes the work to be done pursuant to subsection (1), the Corporation shall have a lien for the cost of extinguishing the fire and for an administrative fee of ten (10%) percent and such total amount together with the administrative fee shall be added to the collector’s roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in like manner and with the same remedies as real property taxes.

(3) Before the certificate of the clerk of the Corporation is issued under subsection (2), an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well as to all prior mortgagees or other encumbrancers and the affected owner, mortgagees or other encumbrancers shall have two (2) weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to the council of the Corporation.

  1. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offenses Act, S.O. 1990, chapter P.33 and amendments thereto.
  2. When a person has been convicted of an offence under this by-law any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.
  3. If a court of competent jurisdiction should declare any paragraph or part of a paragraph of this By-Law to be invalid or ultra vires such paragraph or part of a paragraph shall not be construed as having persuaded or influenced Council to pass the remainder of this By-Law and it is hereby declared that the remainder of this By-Law shall be valid and remain in force.
  4. This by-law is not to be construed at any time in such a fashion as to hold the corporation or its officers liable for failing to ensure that persons comply with the provisions of this by-law.
  5. That By-Law 52-98 of The Nation Municipality is hereby repealed.
  6. This by-law shall come into force and take effect on the day of its passing.

READ A FIRST, SECOND AND DULY PASSED UPON THIRD READING THIS 8th DAY OF NOVEMBER, 2004.

Schedule “A” Fees

Fire Permit for fires to be set during the months of January, February and March are no charge

Fire Permit for all other months $25.00

 

 

CORPORATION OF THE NATION MUNICIPALITY BY-LAW  NO. 51-2013

PARKING

BEING a By-Law to prohibit the parking or leaving of motor vehicles on land without the consent of the owner.

WHEREAS, Section 100.1(1) of the Municipal Act, 2001 as amended provides that, without limiting sections 9, 10 and 11of the Act, a municipality may regulate or prohibit the parking or leaving of motor vehicles on land without the consent of the owner of the land;

AND WHEREAS Section 101 (1) of said Act provides that, if a municipality passes a by-law regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the By-Law and subs. 170(15) of the Highway Traffic Act applies with necessary modifications;

AND WHEREAS, Section 101(3) of said Act states that, if signs are erected on land specifying conditions on which a motor vehicle may be parked or left on the land or regulating or prohibiting the parking or leaving of a motor vehicle on the land, a motor vehicle parked or left on the land contrary to the conditions or prohibition shall be deemed to have been parked or left without consent.

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

  1. There shall be no public parking permitted on the land located at 673 Limoges Road, known as the Limoges Fire Station;
  2. The Municipal Law Enforcement Officers are empowered to remove, restrain or immobilize, at the owner’s expense, any vehicle parked or left in contravention of this By­Law on the said land;
  3. There shall be signs installed on the said land as per the attached Schedule “A”;
  4. This By-Law is not applicable to cars owned by the volunteer firefighters, and others, upon proof of identity, who may be parked lawfully in response to an emergency call, for a meeting or a practice;
  5. This By-Law shall be effective upon the final passing by Council.

READ a first, second and third time and passed in open Council this 22 day of April, 2013.

Francois St. Amour, Mayor

SEAL

Schedule “A”

By-Law No. 51-2013

The Nation Municipality

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 77-2002

PARKING REGULATION

BEING a By-Law to amend By-Law No. 49-98 to regulate parking within the limits of The Nation Municipality.

WHEREAS, The Municipal Act, R.S.O. 1990, Sections 210 (123) to (125) and (131) provides that the Council of a municipality may pass by-laws for regulating traffic on highways and may prohibit or regulate the parking, standing or stopping of vehicles on highways;

AND WHEREAS, Council deems it necessary to amend By-Law No. 49-98 which is cited as the “Parking By-Law”;

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

  1. That Section 4 of By-Law 49-98 be amended by changing the word “December” on line four to “November”;
  2. That all other sections of By-Law 49-98 remain in force.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 25th  DAY OF NOVEMBER, 2002.

SEAL

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NUMBER 49-98

Being a By-Law to regulate parking within the limits of The Nation Municipality.

WHEREAS paragraphs 123 to 125 and 131 of Section 210 of The Municipal Act,

R.S.O. 1990, Chapter M.45 provides that the Council of a Municipality may pass by-laws for regulating traffic on highways and may prohibit or regulate the parking, standing or stopping of vehicles on highways; and

AND WHEREAS the Corporation of The Nation Municipality deems it desirable to do so;

THEREFORE the Council of the Corporation of The Nation Municipality enacts as follows:

SHORT TITLE

  1. This by-law may be cited as the “Parking By-Law”.

DEFINITIONS

  • In this by-law:

a) “Crosswalk” shall mean that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the travelled portion of the highway, or any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface;

b) “Farm tractor” shall mean a self-propelled vehicle designated and used primarily as a farm implement for drawing ploughs, mowing­ machines and other implements of husbandry and not designated or used for carrying a load;

c) “Corporation” shall mean the Corporation of The Nation Municipality;

d) “Intersection” shall mean the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other;

e) “Motorcycle” shall mean a self-propelled vehicle having a seat or saddle for the use of the driver and designated to travel on not more than three wheels in contact with the ground, and includes a bicycle with a motor attached and a motor scooter;

f) “Municipal Law Enforcement Officer” shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of The Nation Municipality;

g) “Motor vehicle” includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power but does not include a traction engine, farm tractor or road building machine;

h) “Park” shall mean to allow a motor vehicle or other vehicle which is practicable and lawful to move, to remain stationary on a highway for a longer period of time than is necessary in order to take on or discharge passengers or merchandise therefrom;

i) “Township” shall mean The Nation Municipality;

j) “Physically handicapped parking” shall mean a parking area whereby parking is allowed only to motor vehicles that:

i) display in the right hand lower corner of the windshield, a permit issued by the Municipal Law Enforcement Officer or an Officer appointed by the Corporation of The Nation Municipality, or;

ii) have a special provincial license plate issued for physically handicapped persons;

k) “Road building machine” shall mean a self-propelled vehicle designed and used primarily in connection with the building or maintaining of highways and not designed or used for carrying a load;

l) “Sidewalk” includes all such parts of a highway as are set aside for the use of pedestrians;

m) “Highway” includes the entire right-of-way of a common and public highway, street, concession, place, avenue, parkway, driveway, square, lane or bridge designed and intended for, or used by, the general public for the passage of vehicles;

n) “Trailer” shall mean a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and, except a side car attached to a motorcycle, shall be considered vehicle and not part of the motor vehicle by which it is drawn;

o) “Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power including muscular power but does not include a motorized snow vehicle or the cars of electric or steam railways running only upon rails;

p) “Fire route” shall mean any road, land, ramp or other means of vehicular access to or egress from a building or structure specifically identified as such for use of emergency

q) “Prohibited parking zone” shall mean the area of the untraveled portion of a highway clearly marked as a prohibited parking area by signs placed at intervals of no more than 25 meters.

PARKING OFFENSES

3. No person shall park a vehicle:

a) within an intersection or within six (6) metres thereof;

b) within a distance of three (3) metres from any fire hydrant, such distance being measured from that point on the curb which is found by taking the shortest distance between the fire hydrant and the curb;

c) in front of any church or other building used for religious purposes while a funeral service is taking place;

d) on a sidewalk or crosswalk;

e) in such a manner as to obstruct the entrance to a private lane unless he or she is the owner thereof or a person authorized by the owner to park in such a manner;

f) upon any bridge;

g) in such a manner as to obstruct traffic;

h) within six (6) metres of any designated crosswalk;

i) in such a manner as to interfere with the maintaining or construction of a highway;

4. No person shall, within the limits of the Corporation of The Nation Municipality, park or allow to remain standing on any highway any vehicle between the hours of 11:00 pm and 07:00 am from the first day of December in one year to the first day of April in the following year.

5. No person shall park a vehicle or permit a vehicle to remain parked on any highway:

a) while the work of removing snow or ice therefrom or clearing of snow therefrom is in progress; or

b) in such a manner as to interfere with street cleaning operations.

  1. No person shall park a vehicle on a highway for the purpose of exhibiting the vehicle or of offering the vehicle for sale.
  2. No person shall park a vehicle or allow a vehicle to be parked in any parking space designated as physically handicapped parking unless that vehicle is identified as specified in Section U) of this By-Law.
  3. No person shall cause or allow the unauthorized use of a permit issued pursuant to this by-law.
  4. No person shall park a vehicle or permit a vehicle to remain parked on any highway within a prohibited parking zone.
  5. No person shall park or leave a vehicle in any area designated as a fire route.
  6. No person who is operating a vehicle for the purpose of delivering goods, wares, merchandise, milk, bread or any other commodity shall stop or park said vehicle at any place on any highway other than at the curb or side of the highway.

ADMINISTRATION

  1. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.

PENALTIES

  1. Whenever a vehicle is parked in contravention of any section of this by­ law the Municipal Law Enforcement Officer may cause the said vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, shall be paid by the owner of the said vehicle in the manner provided by the Repair and Storage Liens Act, 1989.
  2. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offenses Act, R.S.O. 1990, chapter P.33 and amendments thereto.
  3. When a person has been convicted of an offence under this by-law any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.
  4. The requirements of this by-law are If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.
  5. That By-Law number 91-90 of the Township of Cambridge, By-Law number 95-13 of the Township of South Plantagenet, By-Law 85-11 of the Village of St Isidore and all other By-Laws or parts of By-Laws of this municipality or of the former municipalities now forming this municipality which are inconsistent with any provision of this By-Law are hereby repealed.
  6. This by-law shall come into force on the 20th day of April, 1998, and shall take effect on that date.

READ A FIRST, SECOND AND DULY PASSED UPON THE THIRD READING THIS 20th DAY OF APRIL, 1998

SCHEDULE  “A” TO BY-LAW NO. 49-98

Time Parking Prohibited

Ranger Street, west side from Church Street north for a distance of 300 feet in the former Village of St Isidore at any time

 

 

Parking Regulation By-Law in PDF Format

 

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 113-2012

EXCESSIVE FORTIFICATION OF LAND

BEING a By-Law to regulate the fortification of and the application of protective elements to “land” and to prohibit the excessive fortification of land or excessive protective elements being applied to “land”;

WHEREAS, pursuant to Section 133 of the Municipal Act, 2001,as amended, the Council of a municipality may pass a by-law to regulate the fortification of and protective elements applied to “land” and may prohibit the excessive fortification of “land” or excessive elements being applied to “land”;

AND WHEREAS, the Council of The Nation Municipality deems it desirable to pass a by-law in this regard;

THEREFORE, the Council of The Nation Municipality enacts as follows:

1- For the purposes of this By-Law, “land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land;

2- Subject to Section 3 of this By-Law, it is prohibited to add to any land the following fortifications or protective elements:

a) A watch tower;

b) A window made of plate glass or any other bullet-proof material;

c) An armored, tempered steel or specially reinforced door;

d) A wall or partition reinforced with metal plates or concrete blocks;

e) An enclosure or rampart made up of metal plates or concrete blocks;

f) A fence crowned with barbed wire;

g) One or several bullet proof shutters, or one or several bullet proof curtains;

h) An exterior camera or surveillance system directed towards neighboring private or public properties;

i) Wire netting or metal bars installed on doors and windows (except those for basements or cellars);

j) All other excessive fortification or excessive protective elements other than fire or alarm

3- The provisions of Section 2 of this By-Law do not apply to the following:

a) Banks;

b) Financial establishments;

c) Jewelry stores;

d) Electrical stations;

e) Telecommunications stations;

f) Jails;

g) Police stations;

h) Fire stations;

i) Civil protection stations;

j) Any other buildings that house executive, legislative and legal

4- Any owner of land with excessive fortifications erected or to be erected, who is in contravention of this By-Law, shall perform remedial work in respect of the land, at the owner’s expense, so as to comply with the provisions of this By-Law.

5- All remedial work to be done on the land to correct the contravention shall be completed within three (3) months of the receiving of the notice from the Chief Building Official.

6- No building permit shall be issued under the Building Code Act if the proposed building, construction or use contravenes this By-Law.

7- The Nation Municipality’s Chief Building Official may enter and inspect any property, at any reasonable time, in order to determine if the land is in contravention of this By-Law.

8- Any notice issued by The Nation Municipality’s Chief Building Official shall be in the form of a “Work Order” setting out the following:

a) The municipal address and/or legal description of the property;

b) The specific reasons for the contravention to this By-Law and the remedial work to be done, as well as the timeframe within which the work is to be completed; and

c) A statement that, if the remedial work is not completed within the specified timeframe, The Nation Municipality may, at any reasonable time, enter the land to complete the work or have the work completed, at the owner’s

9- If the owner does not complete all remedial work within the maximum period of three (3) months, The Nation Municipality may, at any reasonable time, enter the premises to complete the work or have the work completed at the owner’s expense.

10- Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is liable to a fine as set out under the authority of the Provincial Offences Act, S.O. 1990, Chapter P.33, as amended.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 30th DAY OF JULY, 2012.

Francois St. Amour, Mayor

Clerk

SEAL

 

 

 

Prohibit Excessive Protective Elements to Land By-Law in PDF Format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NUMBER 133-98

BEING A BY-LAW to provide standards for the Maintenance and Occupancy of Property in The Nation Municipality.

WHEREAS Section 15.1(3) of the Building Code Act, S.0. 1992, c.23 and amendments thereto, provides that a Council of a municipality may pass By-Laws to:

  1. Prescribe standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards; and
  2. Require property that does not conform with the standards to be repaired and maintained to conform with the standards of the site to be cleared of all buildings, structures, debris or refuse and left in a graded and level condition; and

WHEREAS there is in effect in The Nation Municipality Official Plans which include provisions relating to property conditions; now

THEREFORE the Municipal Council of the Corporation of The Nation Municipality hereby enacts as follows.

SECTION 1 GENERAL

1.1       SHORT TITLE

This By-Law may be cited as the “Property Standards By-Law” of The Nation Municipality.

SECTION 2 DEFINITIONS

In this By-Law:

  • “Accessory Building” shall mean a detached building or structure, not used for human habitation, that is subordinate to the primary use of the same property;
  • “Apartment Building” shall mean a building containing more than four dwelling units with individual access from an internal corridor system;
  • “Approved” shall mean acceptance by the Property Standards Officer;
  • “Basement” shall mean that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade;
  • “Cellar” shall mean that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling below the average exterior finished grade;
  • “Committee” shall mean the Property Standards Committee as established under this By-Law;
  • “Corporation” shall mean the Corporation of The Nation Municipality;
  • “Dwelling” shall mean a building or structure or part of a building or structure used, or intended to be used, as a domicile by one or more persons usually containing cooking, eating, living, sleeping and sanitary facilities and includes the land and premises appurtenant thereto and all outbuildings, fences or erections thereon or therein;
  • “Dwelling Unit” shall mean a room or a suite operated as a house­ keeping unit, used, or intended to be used, as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping and sanitary facilities;
  • “First Storey” shall mean that part of a building having a floor area closest to grade with a ceiling height of more than 8 metres (6 ft.) above grade;
  • “Guard” shall mean a protective barrier installed around openings in floor areas or on the open sides of a stairway, landing, balcony, mezzanine, gallery, raised walkway and other locations as required to prevent accidental falls from one level to Such barrier may or may not have openings through . it;
  • “Habitable Room” shall mean any room in a dwelling unit used for, or capable of being used for, living, cooking, sleeping or eating purposes;
  • “Maintenance” shall mean the preservation and keeping in repair of a property;
  • “Means of Egress” shall mean a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp or other exit facility used for the escape of persons from any point within a building, floor area, room, or contained open space to a public thoroughfare usually located outside the building;
  • “Multiple Dwelling” shall mean a building containing three or more dwelling units;
  • “Non-Habitable Room” shall mean any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room or other space for service and maintenance of the dwelling, for public use and for access to and vertical travel between storeys and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-Law;
  • “Non-Residential Property” shall mean a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein;
  • “Occupant” shall mean any person or persons over the age of eighteen years in possession of the property;
  • “Officer” shall mean a Property Standards Officer who has been assigned by Council with the responsibility of administering and enforcing this By-Law;
  • “Owner” shall mean any person, firm or corporation controlling the property under consideration;
  • “Person” shall mean an individual, firm, corporation, association or partnership;
  • “Property” shall mean a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property;
  • “Repair” shall mean the provision of such facilities and the making of additions or alterations or the taking of such actions as may be required so that the property shall conform to the standards established in this By­ law.  All repairs shall be made in conformity to the Ontario Building Code,      the Ontario Water Resources Act, Plumbing Regulations, the Regulations of Hydro Electric Power Commission of Ontario and Regulations made under the Public Health Act of Ontario;
  • “Residential Property” shall mean any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces and fences associated with the dwelling or its yard;
  • “Sewage” shall mean any liquid waste containing animal, vegetable or mineral matter in suspension or solution, but does not include roof water or other storm runoff;
  • “Standards” shall mean the standards of physical conditions and occupancy set out in this By-Law;
  • “Toilet Room” shall mean a room containing a water closet and a wash basin;
  • “Vehicle” shall mean a motor vehicle, trailer, boat, motorized snow vehicle, mechanical equipment and any vehicle drawn, propelled or driven by any kind of power; and
  • “Yard” shall mean land, other than publicly owned land, around and appurtenant to any property or any part of a building or structure and used or intended to be used or capable of being used in connection with said property and includes vacant land.

SECTION 3 MAINTENANCE OF ACCESSORY BUILDINGS AND YARDS

  • ACCESSORY BUILDINGS

Accessory buildings shall be kept in good repair and free from health, fire and accident hazards.

3.2         DRAINAGE

  • Storm water shall be drained from the yard so as to prevent recurrent ponding or the entrance of water into a basement or cellar.
  • Al I reasonable means shall be employed to prevent the erosion of the soil in the yard.
  • No roof drainage shall be discharged on sidewalks, stairs or neighbouring property.

3.3      FENCES

Fences, barriers and retaining walls shall be kept in good repair and free from accident hazards.

3.4 GARBAGE DISPOSAL

3.4.1 Sufficient receptacles shall be provided to contain all garbage, rubbish, ashes and The receptacles shall be made of metal or plastic, made of watertight construction, be provided with a tight fitting cover and be maintained in a clean state.

3.4.2 Every property shall be kept free of refuse or litter.

3.4.3 Every non-residential building shall provide sufficient receptacles to contain all refuse and litter as may be left by customers or other members of the public.

3.4.4 The occupant of a residential property may provide for a compost heap in accordance with the health regulations, provided that the compost pile is no larger than one square metre and 8 metres in height and is enclosed on all sides by concrete block, or lumber, or in a forty-five gallon container, a metal frame building with a concrete floor, or a commercial plastic enclosed container designed for composting.

3.5 LANDSCAPING

3.5.1 Suitable ground cover shall be provided to prevent erosion of the Where grass forms a part of the ground cover and such grass has been killed, such dead areas shall be re-sodded or reseeded as often as required so as to restore the grass to living condition.

3.5.2 Areas within the yard not covered by buildings or structures, sidewalks, driveways and parking areas shall be maintained to a standard at least compatible with the abutting and adjoining properties.

3.6 SAFE PASSAGE

3.6.1 Steps, walks, driveways, parking spaces and similar uses of a yard shall be maintained so as to afford safe passage under normal use and weather conditions.

3.6.2 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair free of dirt and litter.

3.7 SEWAGE

Sewage of any kind shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise.  This section does not apply to applications of sewage under accepted farming practices.

3.8 SIGNS

3.8.1 All signs permitted under By-Laws of the Corporation shall be maintained in a good state of repair.

3.8.2 Signs which are damaged or broken, or which are excessively weathered or faded, or, upon which the finish is worn, peeled or cracked, shall, with their fastenings and supporting members, be removed or refinished and put in a good state of repair.

3.9 YARDS

3.9.1 All yards shall be kept clean and free from rubbish or other debris and from objects or conditions that might create a health, fire or accident hazard.

3.9.2 Wrecked, dismantled, inoperative or unused vehicles or machinery or any part thereof or unlicenced vehicles where the said vehicle would require a licence under the Highway Traffic Act, shall not be parked, stored or left in any yard except in an establishment licenced or authorized to conduct and operate such a business and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition out of character with the surrounding environment.  This shall not prevent the occupant of any premises from repairing a vehicle for his own use but not for commercial purposes, while such repair is actively carried on.

3.9. 3 All yards shall be kept reasonably free of weeds and heavy undergrowth shall be eliminated.

3.9.4 Lawns shall be kept trimmed to a suitable height and shall not be overgrown or unsightly.

3.9.5 Dilapidated or collapsed structures or partially constructed structures which are not currently under construction or erection and any unprotected well or unsafe condition or unsightly condition out of character with the surrounding environment shall be remedied or removed from yard.

3.9.6 Furnaces, water and fuel tanks, household furniture, refrigerators, freezers, stoves, or similar appliances whether operable or inoperable, or any part thereof shall not be stored or left in any yard except when actively being used in the manner intended by the manufacturer thereof or in an establishment licenced or authorized to conduct and operate such a business and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition.

3.10 AIR CONDITIONERS

 All air conditioners shall be maintained in a safe mechanical and electrical condition and shall not adversely affect areas beyond the limits of the property by reason of noise or condensation drainage.

3.11 BURNT MATERIAL AND DEMOLISHED MATERIAL

In the event of fire or explosion, damaged or partially burnt material and demolished material shall be forthwith removed from the premises, except that such material may be temporarily stored within the barricaded fire damaged building or unit.

SECTION 4 RESIDENTIAL STANDARDS FOR RENTAL UNITS

4.1 Sections 4.3 to 4.19 apply to any residential property or dwelling occupied by persons other than the property owner for which compensation is paid to the property owner or his or her agent. The other sections of this By-law also apply to rental residential property as described in section 4.1.

4.2 Investigation of infractions of the standards set in Sections 3 to 4.19 of this by-law shall only be initiated upon receipt of a written complaint from one of the parties involved or another government agency.

4.3         GENERAL  CONDITIONS

4.3.1 Every tenant, occupant or lessee of a residential property shall maintain the property or part thereof and the land which they occupy or control, in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws.

4.3.2 Every tenant, or occupant or lessee of a residential property shall maintain every floor, wall, ceiling and fixture, under their control, including corridors, entrances, laundry rooms, utility rooms and other common areas, in a clean, sanitary and safe conditions.

4.3.3 Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress shall not be permitted.

4.4         PEST PREVENTION

4.4.1Dwellings shall be kept free of rodents, vermin and insects at all Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act.

4.4.2 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed.

4.5         FOUNDATIONS

Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and moisture. Maintenance includes the shoring of the walls to prevent settling, installing sub soil drains, when necessary, at the footings, grouting masonry cracks, damp proofing and waterproofing walls, joints and floors.

4.6         WINDOWS AND DOORS

4.6.1 Windows, doors, skylights and basement or cellar hatchways shall be maintained in good repair, weather tight and draught-free, to prevent heat loss and infiltration by the Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and reglazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair.

4.6.2 In a rental dwelling unit all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit.

4.6.3 Solid core doors shall be provided for all entrances to dwellings and dwelling units.

4.6.4 In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area, the said system shall be maintained in good working order at all time.

4.6.5 Every window in a leased or rented dwelling unit that is located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter (3.9 inches) Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools.

4.7         WALLS, CEILINGS AND FLOORS

4.7.1 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other Walls surrounding showers and bathtubs shall be impervious to water.

4.7.2 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken, or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects.

4.7.3 Every floor in a bathroom, toilet room, shower room, laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned.

4.8         GUARDS

4.8.1 Guards shall be installed and maintained wherever:

    • there is a vertical drop of more than 600 millimetres including along the open sides of stairs, ramps, balconies, mezzanines and landings; and
    • they would be required for a newly constructed or renovated area under the building code made under the Building Code Act,

4.8.2 A guard required by subsection 8.1 shall provide reasonable protection from accidental falls for any person on the premises.

4.9         KITCHENS

Every dwelling shall contain a kitchen area equipped with:

(a) a sink that is served with hot and cold running water and is surrounded by surfaces impervious  to grease  and water;

(b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);

(c) a counter or work area at least 0.61 metres (2 ft) in width by 1.22 metres (4 ft) in length, exclusive of the sink, covered with a material that is impervious to moisture and grease and is easily cleanable; and

(d) a space  provided  for  cooking  and  refrigeration  appliances  including the suitable electrical or gas connections.

4.10      TOILET AND BATHROOM FACILITIES

4.10.1 Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet, wash basin and a bathtub or suitable shower unit. Every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water . Every water closet shall have a suitable supply of running water.

4.10.2 Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the persons using said room.

4.10.3 Where toilet or bathroom facilities are shared by occupants of residential accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities

4.11      PLUMBING

4.11.1 Each wash basin, bathtub or shower and kitchen sink shall be equipped with an adequate supply of hot and cold  running Hot water shall be supplied at a temperature of not less than 43 degrees Celsius (110°F).

4.11.2 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health.

4.11.3 All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing.

4.11.4 All plumbing fixtures shall be connected to the sewage system through water seal traps.

4.11.5 Every fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains or pther defect that may harbour germs or impede thorough cleansing.

4.12      ELECTRICAL SERVICE

4.12.1Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system.

4.12.2 The electrical wiring, fixtures, switches, receptacles and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock All electrical ser\tices shall conform to the regulations established by the Power Corporations Act, as amended.

4.12.3 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 1 square metre (120 sq. ft.) of floor space and for each additional 9.3 square metres (100 sq. ft.) of floor area a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis.

4.12.4 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and non-habitable work or storage room shall be provided with a permanent light fixture .

4.12.5 Lighting fixtures and appliances installed throughout a residential building, including dwelling units, stairways, hallway corridors, passage ways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in.normal use.

4.12.6 This section does not apply to a residential complex that has never been connected to an electrical power system.

4.13           HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS

4.13.1 Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70°F.) in the occupied dwelling The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling units to the required standard.

4.13.2 All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to the standards provided by the Energy Act, as amended or any other applicable legislation.

4.13.3 Where a heating system, or part thereof, requires solid or liquid fuel to operate a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard.

4.13.4 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Ontario Building Code.

4.13.5 All fuel burning appliances, equipment and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe , vent pipe, chimney flue or other approved method.

4.13.6 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling Maintenance includes the removal of all obstructions, sealing open joints and the repair of loose or broken masonry units.

4.13.7 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures .

4.14           FIRE ESCAPES, ALARMS AND DETECTORS

4.14.1 A listed fire alarm and a fire detection system, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, shall be provided by the owners of buildings of residential occupancies where sleeping accommodations are provided for more than ten persons, except that such systems need not be provided where a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms.

4.14.2 In addition to the provisions of article 4.14.1 hereof, in every dwelling unit in a building, a listed smoke alarm, approved by the Canadian Standards Association or  Underwriters Laboratories of Canada, or detectors of the single station alarm type, audible within bedrooms when intervening doors are closed, shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit, such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detector referred to shall;

(a) be equipped with visual or audio indication that they are in operating condition; and

(b) be mounted on the ceiling or on the wall between 4 and 304.8 mm (6 to 12 inches) below the ceiling.

4.14.3 Buildings using a fire escape as a secondary means of egress shall have the escape in good condition, free from obstructions and easily reached through an openable window or door.

4.15           EGRESS

4.15.1 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level.

4.15.2 Each dwelling containing more than one dwelling unit shall have at least two exits, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape. Access to the stairs or fire escape shall be from corridors through doors at floor level, except access from a dwelling unit may be through a vertically mounted casement window having an unobstructed opening of not less than 067 by 0.558 metres, (42 x 22 inches) with a sill height of not more that 0.914 metres, (36 inches), above the inside floor. A single exit is permitted from a dwelling unit where the means of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit.

4.16           NATURAL LIGHT

Every habitable  room  except  a  kitchen,  bathroom  or  toilet  room  shall  have a window or windows , skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light, equal to not less than ten percent of the floor area for living and dining rooms and five percent of the floor area for bedrooms and other finished rooms.

4.17          VENTILATION

4.17.1Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 28 square metres (3 sq. ft) , or an approved system of mechanical ventilation such that provide hourly air exchanges.

4.17.2 All systems of mechanical ventilation shall be maintained in good working order.

4.17.3 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated.

4.18           ELEVATING DEVICES

Elevators and other elevating devices including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be operational and maintained in good condition.

4.19           OCCUPANCY STANDARDS

4.19.1 The number of occupants residing on a permanent basis in an individual dwelling unit shall not exceed one person for every nine square metres of habitable floor For the purpose of computing habitable floor area any area with a ceiling height of less than 2.1 metres shall not be considered as habitable.

4.19.2 No room shall be used for sleeping purposes unless it has a minimum width of two metres and a floor area of at least seven square A room used for sleeping purposes by two or more persons shall have a floor area of at least four square metres per person.

4.19.3 Any basement, or portion thereof , used as a dwelling unit shall conform to the following requirements:

(a) each habitable room shall comply with all the requirements set out in this by-law;

(b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage;

(c) each habitable room shall be separated from service rooms by a suitable fire separation and approved under the Ontario Building Code; and

(d) access to each habitable room shall be gained without passage through a service room.

SECTION 5   MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

5.1.1 Sections 3 to 5.8 apply to mobile home parks and land lease communities.

5.1.2 The other sections of this By-law also apply to mobile home parks and land lease communities .

5.3       WATER

A supply of potable water and water pressure that are sufficient for normal household use shall be available for each rental unit in a mobile home park or land lease community.

5.4 PRIVATE ROADS

5.4.1 Private roads within a mobile home park or land lease community shall be:

(a) kept free of holes and cleared of snow and obstructions;

(b) maintained to control dust; and

(c)  kept passable.

5.4.2 Excavations made for repairs shall be filled in and the ground returned to its previous condition.

5.5 Mailboxes and the approaches to them shall be kept free of snow and other obstructions.

5.6 Where the distance between mobile homes is three metres or more, that distance shall not be reduced to less than three metres through the addition of a deck, ramp or by any other means, unless a lesser distance provides an adequate degree of fire safety.

5.7          SEWAGE

Sewage holding tanks in a mobile home park or land lease community shall be emptied whenever necessary.

5.8          ELECTRICAL

Electrical supply and connections in a mobile home park or land lease community supplied by the landlord shall be maintained free of conditions dangerous to persons or property.

SECTION 6 RESIDENTIAL STANDARDS

6.1.1 Sections 2 to 6.5 apply to all residential property.

6.2         ROOFS

6.2.1 Roofs of dwellings and their components shall be maintained in a weather tight condition, free from loose or unsecured objects or materials.

6.2.2 The roofs of dwellings and accessory buildings shall be kept clear of accumulations of ice or snow or both.

6.2.3 Where eaves troughing or roof gutters are provided they shall be kept in good repair, free from obstructions and properly secured to the building.

6.3         STAIRS PORCHES AND BALCONIES

Inside and outside stairs, porches, balconies and landings shall be maintained  so as to  be free  of  holes,  cracks  and other  defects which  may constitute accident hazards.  Existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced.

6.4         STRUCTURAL  SOUNDNESS

6.4.1 Every part of a dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety required by the Ontario Building Code.

6.4.2 Walls, roofs and other exterior parts of a building shall be free from loose or improperly secured objects or materials.

6.5         EXTERIOR WALLS

6.5.1Exterior walls of a dwelling and their components, including soffits and fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco and other defective cladding or Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage.

6.5.2Exterior walls of a dwelling and their components shall be free of unauthorized signs, painted slogans, graffiti and similar defacements.

SECTION 7 VACANT BUILDINGS

7.1      Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property.

7.2      The owner of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood painted a colour compatible with the surrounding walls and securely fastened.

SECTION 8 NON-RESIDENTIAL PROPERTY STANDARDS

8.1 YARDS

The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence not less than 1.8 metres (6 ft.) in height and maintained in good repair.

8.2         PARKING AREAS AND DRIVEWAYS

8.2.1 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete or compacted stone or gravel and shall be kept in good repair free of refuse and litter.

8.2.2 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions.

8.3         STRUCTURAL  SOUNDNESS

8.3.1 Every part of a building structure shall be maintained in a sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety required by the Ontario Building Structural members or materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced.

8.3.2 Walls, roofs and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials.

8.4         EXTERIOR WALLS

8.4.1Exterior walls of a building or a structure and their components, including soffits, fascia, window and doors, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco and other defective cladding or Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage.

8.4.2 Exterior walls of a building or a structure and their components, shall be free of inappropriate signs, painted slogans, graffiti and similar defacements.

8.5           GUARDS

8.5.1 Guards shall be installed and maintained wherever,

(a) there is a vertical drop of more than 600 millimetres including along the open sides of stairs, ramps, balconies, mezzanines and landings; and

(b) they would be required for a newly constructed or renovated area under the building code made under the Building Code Act, 1992.

(c) A guard required by subsection 8.1 shall provide reasonable protection from accidental falls for any person on the premises.

8.6         LIGHTING

All non-residential establishments shall install and maintain sufficient windows, skylights and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act for industrial and commercial properties. However, lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties.

SECTION 9 ADMINISTRATION

9.1 APPLICATION OF BY-LAW

9.1.1 This By-Law shall  apply  to  all property  within  the  boundaries  of the Corporation of The Nation Municipality.

9.1.2 Where a provision of this By-Law conflicts with a provision of another By­ law in force in the Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

9.1.3 If any section, clause or provision of this By-Law is for any reason held by a court of competent jurisdiction to be invalid, the validity of the remaining sections shall continue to be in effect until repealed.

9.2              PROPERTY STANDARDS OFFICER AND PROPERTY STANDARDS COMMITTEE

9.2.1 This By-Law shall be administered by a Property Standards Officer and a Property Standards Committee consisting of the five members of Council.

9.2.2 The members of the Committee shall hold office for the term of Council.

9.3              ISSUANCE OF CERTIFICATE OF COMPLIANCE

9.3.1 Following the inspection of a property, the Officer may, or on the request of the Owner shall, issue to the Owner a Certificate of Compliance if, in his opinion, the property is in compliance with the standards of this By­ law.

9.3.2 If a Certificate of Compliance is issued at the request of the Owner, the Owner shall pay a fee of twenty-five dollars.

SECTION 10              COMPLIANCE

10.1All owners or occupants of property shall comply with the standards prescribed in this by-law and any Property Standards Order as confirmed or modified.

10.2 All property within the municipality that does not conform with the standards contained in this by-law shall be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled conditions.

SECTION 11              AUTHORITY

11.1That By-Law 30-92 of the Township of Caledonia, By-Law 85-30 of the Township of South Plantagenet, By-Law 84-06-A of the Village of St Isidore and By-Law 96-87 of the Township of Cambridge are hereby repealed.

11.2 This By-Law shall come into force and take effect on the 1st day of January

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 14TH DAY OF DECEMBER, 1998.

Claude Gravel Mayor

 

 

 

Property Standards By-Law

CORPORATION DE LA MUNICIPALITE DE LA NATION REGLEMENT N° 53-2021

Regulation of water supply

Whereas under section 11 of the Municipal Act 2001 a municipality may pass by­ laws respecting matters within the sphere of jurisdiction of Public Utilities, and Public Utilities includes a system that is used to provide water services for the public;

And whereas section 80.(1) of the Municipal Act, 2001 as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility, to inspect, install, repair, replace or alter a public utility meter;

And whereas section 80. (3) of the Municipal Act, 2001 as amended, provides that if a customer discontinues the use of a public utility on land or a municipality lawfully decides to cease supplying the public utility to land, the municipality may enter on the land, to shut off the supply of the public utility, or to remove any property of the municipality, or to determine whether the public utility has been or is being unlawfully used;

And whereas section 391 of the Municipal Act, 2001 as amended, authorizes a municipality to pass by-laws imposing fees or charges for services or activities provided or done by the municipality;

And whereas the Ontario Building Code and the Safe Drinking Water Act authorize The Nation Municipality to enact by-laws to protect the drinking water supply;

And whereas Part 7 (Plumbing) of the Ontario Building Code, as amended, requires every municipality to regulate the connection of individual water services to a municipal potable water works;

And whereas The Nation Municipality wishes to install water meters on all residential, industrial, commercial and institutional establishments located within Limoges in The Nation, Limoges in Russell, Forest Park, Le Baron, Ben Tardiff Mobile Home Park and the Village of St Isidore that are connected to municipal water service;

And whereas The Nation Municipality deems it necessary to confirm the mandatory use and installation of water meters in The Nation Municipality that are connected to the municipal water service;

And whereas it is essential to the water system users of The Nation Municipality to have a reliable, safe supply of drinking water;

1.    Definitions

In this By-Law:

“Building” shall mean structure supplied with water by The Nation Municipality;

“Contractor” shall mean a person, partnership, or corporation who contracts to undertake the execution of work commissioned by the Owner or the Municipality to install or maintain water mains, water services, services, hydrants and other appurtenances;

“Corporation” shall mean the Corporation of The Nation Municipality; “Council” shall mean the Council of the Corporation of The Nation Municipality “Cross connection” shall mean any temporary, permanent or potential water connection that may allow backflow of contaminants, pollutants, infectious agents, other materials or substance that will change the water quality in the water distribution system and includes without limitation, swivel or changeover devices, removable sections, jumper connections and bypass arrangements;

“Director of Water and Wastewater” shall mean the Director of Water and Wastewater of the Corporation of The Nation Municipality;

“Drinking water system” has the same meaning as in the Safe Drinking Water Act, 2002 as amended from time to time;

“Exemption permit” shall mean approval by the Operating Authority authorizing the permit holder to water newly laid sod, grass seed or hydro seeded area in accordance with the terms and conditions set out in the permit;

“External use of water” shall mean the use of water for any purpose outside the walls of any building located at a municipal address;

“Inspection” shall mean,

a) an audit,

b) physical, visual or other examination,

c) survey,

d) test, or

e) inquiry;

“Inspector” Any designate of the operating authority (may include by law enforcement,  building inspector)

“In-service” shall mean those parts of the water distribution system that have been approved by the Operating Authority for the provision of potable water and in which potable water is available for use;

“Live tap” shall mean a connection to the water distribution system that is in­ service and in which isolation of a part or portion of the water distribution system cannot be undertaken;

“Municipal Clerk” shall mean the Municipal Clerk of the Corporation of The Nation Municipality;

“Municipal easement” shall mean an easement in favour of The Municipality;

“Municipal Law Enforcement Officer” shall mean a municipal enforcement officer appointed by the Council of The Nation Municipality;

“Municipal right-of way” shall mean a right-of-way in favour of the Municipality;

“Municipality” shall mean The Nation Municipality;

“Occupant” shall mean any lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a premise;

“Operating authority” shall mean the municipal water and wastewater department;

“Other charges” shall mean those charges related to repairs, installations, services rendered, or other expenses, exclusive of charges included in water rates, frontage charges and sewage service rates, payable by the consumer as provided for in this bylaw or as directed by the Municipality Council;

“Owner” shall mean any person, including a corporation, who is the registered owner of the property under consideration including a trustee in whom land is vested, a committee of the estate, an executor, an administrator or a guardian. The obligations of the Owner under this by-law may not be transferred to a party which is not an Owner;

“Permit holder” shall mean the person to whom a Water Connection/Alteration Permit or exemption permit has been issued, or with whom an agreement has been signed, authorizing the installation, repair, renewal, removal or connection to the water distribution system in accordance with the terms and conditions of the permit or agreement;

“Person” shall mean an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or any agent or employee thereof;

“Plan of subdivision” shall mean a plan approved by the Municipality that clearly outlines all details that are required to develop a parcel of land into a subdivision with individual parcels;

“Potable water” shall mean water that is fit for human consumption;

“Private water main” shall mean a pipe connected to a water main and installed on private property and from which more than one water service and/or hydrant lateral are connected;

“Site plan” shall mean a graphical plan of a proposed development illustrating all the features of the development including dwellings, commercial establishments, roads, and other public or private infrastructure that has been approved by the Municipality pursuant to the Planning Act;

“Temporary water service” shall mean:

a) a pipe installed from the water distribution system by the Municipality for a municipal project, and for a specified temporary period of time; or

b) a pipe  installed  with  the  permission  of  the  Operating  Authority  for construction purposes;

“Water Wasting” shall mean let off or discharge water so that the water runs waste or useless out of the works; including the filling of pools, using municipal water to wash vehicles, driveways, exterior of house;

“Water connection/alteration  permit” shall mean approval by the Municipality authorizing the permit holder to connect to the water distribution system in accordance with the terms and conditions set out in the permit;

“Water distribution system” shall mean the part of the Municipality’s drinking water system that is used in the distribution, storage or supply of water up to and including the water shut-off valve, and is not part of a treatment system;

“Water main” shall mean every water pipe, except water services and portions of private water mains as herein defined, owned and operated by the Municipality;

“Water rates” shall mean rates and charges as defined in by-laws 54-2021 (being a by-law to establish charges for the use of The Nation Municipality Water System by users in the Village of Limoges in The Nation, Limoges in Russell Township, Limoges Industrial Park, Brisson Project, Forest Park, Ben Tardiff Mobile Park and Le Baron Project) and 55-2021 (being a by-law to establish charges for the use of The Nation Municipality Water System by users in the Village of St-Isidore) as amended from time to time.

“Water meter” shall mean a device supplied by the Municipality to measure the quantity or rate of water flowing through a pipe that is used to supply a building;

“Water service” shall mean the portion of a water service pipe from the property line to the water meter location, or for a fire service to the inside of the exterior wall of a structure, i.e. an extension of a water service stub;

“Water service stub” shall mean the portion of a water service pipe from a water main to the water shut-off valve;

“Water shut-off valve” shall mean the valve on the water service or private main owned and used by the Municipality to shut off or turn on the water supply from the Municipality’s water distribution system to any building;

“Water valve” shall mean the valve used to shut off or turn on the supply of water which forms part of the water distribution system;

“Water use analysis” shall mean the installation of a recording device to monitor the flow of water through a water meter over a given period of time;

2.    Establishing or Altering a Water Service

2.1.  Water  Connection/Alteration  Permit

The Owner shall obtain a Water Connection I Alteration Permit prior to the installation, repair, renewal, removal, plugging, capping or disconnection of a private water main or a water service except where such a water connection has been specifically provided for and approved through the Municipality’s Subdivision or Site Plan Approval process.

2.2.  Requirements for permit

Applicants for a Water Connection/Alteration  Permit shall complete and submit the appropriate forms, provide the required drawings and information, and pay the stipulated fees or charges to the satisfaction of the Municipality. The installation or disconnection of a private water main or a water service shall not commence until a Water Connection/Alteration  Permit is issued and all required payments have been received.

2.3.  Process for permit

Water Connection/Alteration  Permit forms shall be available from the Building Department and are to be submitted to the Building Department along with any plans or drawings detailing the proposed connection, any other supporting information, and required fees.

The Operating Authority shall review the proposed alteration I connection and shall impose any condition that is deemed advisable and appropriate to ensure the integrity and safety of the water distribution system and the provision of potable water. Any conditions imposed will be identified in writing forming part of the approved permit and said conditions shall be complied with.

2.4.  Extensions and connections

Extensions of and connections to the Municipality’s water distribution system shall only be permitted where they conform to the United Counties of Prescott and Russell Official Plan.

2.5.  Capital works

New water service connections and water service installations made in association with a capital works project of the Municipality shall be subject to all of the permit requirements of this by-law and the capital costs charges, and fees set out in applicable by-laws.

2.6.  Installation – Municipality specifications

All water service pipes and private water mains located within the Municipality property shall be constructed according to the Municipality’s standards. All water service pipes and private water mains located on private property shall be constructed in accordance with the Ontario Building Code as revised from time to time and in accordance with good practices and shall be approved by the Chief Building Official. Where the Ontario Building Code is silent the Municipality’s specifications shall applied and shall prevail.

2.7. lnstallation inspection – by Municipality

All water service pipes and appurtenances  installed, including those required by a Municipal Subdivision, Site Plan or Development Agreement must be inspected by the Municipality.

2.8. Installation – access for inspection

The Municipality and persons authorized by the Municipality for inspection shall be, at all times, entitled to enter any premises for the purposes of examining pipes, connections and fixtures which are used in connection with the water service pipe and/or service main.

2.9.  Disconnection of service – permanent

When an Owner permanently discontinues the use of a water service or private water main for water supply to a building or buildings the water service pipe or private water main must be disconnected at the water main, the water main plugged or capped and the curb box and rod removed at the Owner’s expense. All work must be inspected by the operating authority.

2.10. Opened loop systems – prohibited

No owner or occupant shall use or cause to be used any type of open loop water system as part of any heating, air conditioning or refrigeration equipment.

2.11. Hydraulic equipment connections – prohibited

No owner or occupant shall connect or permit to be connected to any part of the water system any hydraulic motor, elevator or other type of appliance that operates in whole or in part using potable water.

3.    Cross Connections I Backflow Prevention

3.1. Protection from contamination

No person shall connect, cause to be connected or allow to remain connected to the plumbing system within a building or water distribution system any piping, fixture, fitting container or appliance in a manner which under any circumstances may allow water, waste water, non-potable water or any other liquid, chemical or substance to enter the plumbing system within a building or water distribution system. The means for protection from contamination shall be in accordance with the requirements of the Ontario Building Code Act, 1992, as amended from time to time.

There shall be no direct or indirect connection between water lines which are part of a private well and water lines which are part of the Corporation’s water system(s). Failure to comply with this requirement shall result in immediate disconnection of the water supply from the Corporation and will also result in the penalty provisions of Section 9 of this By-law.

3.2. Inspection for cross-connections – access

Any person authorized by the Municipality to conduct an inspection of any component of the drinking water system or its appurtenances, whether privately owned or not has free access at all reasonable times, and upon reasonable notice given in accordance with this By-law, to all parts of every building or other premises to which any water service pipe is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any water service pipe, wire, rod or cross connection within or without the building.

3.3. Order to install control device

If a condition is found to exist which is contrary to Section 3.1 of this By-law, the Operating Authority shall immediately carry out an inspection and shall issue such order or orders to the Owner as may be required to obtain compliance with Section 3.1 of this By-law.

3.4. Failure to install – notice – water shut-off

If the Owner to whom the Municipality has issued notice pursuant to section 3.3, 3.5, 3.7, 3.8 or 3.9 fails to comply with that order or notice, the Operating Authority, at its discretion, may;

a) Give notice to the owner to correct the fault, at his/her expense, within a; Specified time period and, if the notice is not complied with, the Operating Authority may then shut off the water service or services; or

b) Shut off the water service or services upon complying with the notice provisions in this by-law.

3.5. Additional device on service

Notwithstanding sections 3.1, 3.3 and 3.4 of this by-law, where a risk of possible contamination of the water distribution system exists in the opinion of the Operating Authority, an Owner shall, on notice from the Operating Authority, install on his/her water service pipe a cross connection control device, approved by the Operating Authority, in addition to any cross connection control devices installed in the Owner’s water system at the source of potential contamination.

3.6. Installation to required standards

Cross connection control or backflow prevention devices, when required by the Municipality, shall be installed in accordance with the Ontario Building Code and “CAN/CSA-B64.10-94  Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices”, as amended from time to time.

3.7. Inspection and testing – paid by Owner

All backflow prevention devices shall be inspected and tested at the expense of the Owner, upon installation, and thereafter annually, or more often if required by the Operating Authority, by personnel approved by the Operating Authority to carry out such tests to demonstrate that the device is in good working condition. The Owner shall submit a report on a form approved be the Operating Authority or any or all tests performed on a cross connection control device within ten (10) days of a test, and a record card shall be displayed on or adjacent to the cross connection control device on which the tester shall record the address of the premises, the location, type, manufacturer, serial number and size of the device, and the test date, the tester’s initials, the tester’s name (if self-employed) or the name of his employer and the tester’s license number.

3.8.  Failure to test device – notification – water shut-off

If an Owner fails to have a cross connection control device tested, the Operating Authority may notify the Owner that the backflow prevention device must be tested within four (4) days of the Owner receiving the notice.

3.9.  Repair – replacement – by Owner

When the results of a test referred to in Section 3.7 of this by-law show that a cross connection control device is not in good working condition, the Owner shall provide written confirmation of the failure to the Operating Authority within twenty-four (24) hours of the test and make repairs or replace the device within four (4) days of the date of the test.

3.10. Removal of device – permission by Municipality

No person shall without the prior written approval of the Operating Authority remove any cross connection control or backflow prevention devices installed as a requirement of provincial legislation or by order under Section 3.3 notwithstanding the fact that the applicable provincial regulation has been rescinded.

4.     Inspection and access to property

4.1.  Inspection powers

The Operating Authority or any person designated by it as inspector for purposes of this by-law may, at reasonable times enter onto any land or building on which the Municipality supplies drinking water for the following purposes:

a) to install, inspect,  repair, alter, or disconnect the service pipe or wire, machinery, equipment and other works used to supply drinking water to the building or land;

b) to inspect, install, repair, replace or alter a water meter; or

c) To determine if this by-law, an order, or condition to any permit is being complied with.

4.2.  Reduce supply of water

For the purpose of carrying out an installation, inspection, repair, disconnection or other work the Municipality may shut off or reduce the supply of water to any building or land.

4.3.  Entry on land – discontinue supply

If an owner discontinues the use of the water supply or the Municipality lawfully decides to cease the supplying water to any building or land, the operating authority may enter onto the premises:

a ) to shut off the supply of water

b) to remove any property of the Municipality

c) to determine whether the supply of water is being used lawfully

4.4.  Access to dwellings

An inspector shall not enter a place being used as a dwelling unless:

a) the consent of the occupier is first obtained, ensuring the occupier is first advised that entry may be denied and in such circumstance, entry can only occur thereafter under authority of a warrant;

b) a warrant under section 158 of the Provincial Offences Act is obtained;

c) the delay necessary to obtain a warrant or the consent of the occupier would result in the immediate danger to the health or safety of any person; or

d) The entry is for the purpose of section 1 or 4.3 and the notice provisions of this by-law have been complied with.

4.5.     Entry on land – notice requirements

Whenever an inspector exercises a power of entry pursuant to this By-law, the inspector shall:

a ) provide reasonable notice of the proposed entry to the occupier of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place for three consecutive days prior to entry;

b) where the proposed entry is an inspection authorized by sections 1 or 4.3, the inspector must provide reasonable notice by means of personal service only;

c) in so far as is practicable, restore the land to its original condition where any damage is caused by the inspection; and

d) Provide compensation for any damage caused and not remedied.

4.6.  Municipality expenses

All costs incurred by the Municipality to perform work required by this by-law shall be charged to the Owner of the property where such work is performed and shall be collected according to law, and until paid, such cost shall remain a lien on such property, and may also be collected in the like manner as taxes.  The Municipality shall not be held responsible for the cost of restoration.

5.    Water Meters

Water meter installation, repair, maintenance and access

5.1. All water supplied by the Corporation through water service connected to the municipal water service shall pass through a meter supplied by the Corporation for use upon such premises, and the water rate charged shall be that fixed from time to time by the

5.2. All meters and related appurtenances shall be supplied and installed by persons authorized by the Corporation for that

5.3. The Corporation’s cost of supplying, relocating and installing water meters and related appurtenances shall be recovered as follows:

5.3.1 The meter and the installation for the owners of Limoges in The Nation, Limoges in Russell, Forest Park, Ben Tardiff Mobile Home Park and Le Baron will be free of charge for owners who paid the maintenance fee for the year 2006 and Where a maintenance fee has been paid for part of the year 2006 the meter and installation shall be prorated.

5.3.2 For any owner who contributed more than one equivalent unit to the service for the year 2006 and prior shall receive the equivalency of rebate calculated in the same manner as the equivalency for a multiple units (e.g. 0.35 per additional meter and installation unit) as per Schedule “A”.

5.3.3 For any other owners who have been connected to Limoges in The Nation, Limoges in Russell, Forest Park, Ben Tardiff Mobile Home Park and Le Baron water service after January 1st, 2007, the meter and installation shall be paid by the property owner requesting such water service as set out in Schedule “A” attached to and forming part of this by­ law.

5.3.4 For any owner who shall be connected to the St Isidore water service after January 1st, 2007, the meter and installation shall be paid by the property owner requiring such water service as set out in Schedule “A” attached to and forming part of this by-law.

5.3.5 If the meter is mechanically defective, the cost of repairs shall be paid by the Corporation, but if the meter is damaged by the carelessness or neglect of any person other than an employee or agent of the Corporation, the owner of the premises shall pay to the Corporation the cost of making the necessary repair to such meter.

5.4 If a meter fails to register, the consumer will be charged a minimum consumption based upon the average consumption of the last three months or, if such data is unavailable , then the cost shall be pro-rated annually based on the previous year’s fee.

5.5 All water passing through a meter will be charged for, whether used or wasted.

5.6 The owner of premises to be supplied with water agrees to provide convenient and safe space, free of charge or rent, for the Corporation’s meter, pipes and other appliances on said premises, and further agrees that no one who is not a servant or agent of the Corporation or otherwise lawfully entitled to do so, shall be permitted to remove, inspect or tamper with any of the Corporation’s said equipment.

5.7

5.7.1 The owner of the premises to be supplied with water agrees to provide adequate heat in the premises to prevent frost damage to the meter. In the event that the owner is away from the premises for an extended period of time, the owner shall be required to notify the Corporation within fifteen {15) days of departure so the owner in consultation with the Corporation can take the proper precautions to prevent frost damage to the meter and water service connection, otherwise repairs will be at the owner’s expense

5.7.2 Where a meter cannot conveniently be placed inside a building, it shall be placed in a meter pit, the location and construction of which shall be discussed with the owner or occupant of the premises and shall be constructed in a manner approved by the Corporation, the cost of which shall be paid by the consumer.

5.8

5.8.1. Upon written request from the consumer and payment of a deposit as set out in Schedule “A” of this By-Law, the Corporation will remove and test a If the meter is found to register correctly or not to exceed a 3% discrepancy, the consumer’s deposit shall be forfeited towards the cost of the test and any additional expense incurred in removing, testing and reinstalling the meter shall be paid for in full by the consumer requesting such test, plus the consumption undercharged of the previous three (3) months based on the water rate prior to the testing,

5.8.2. If a meter, when tested, is found to register in excess of a 3% discrepancy in favor of the consumer, a refund will be made to the consumer of an amount equal to such excess percentage of the water rates paid for the previous three (3) months prior to the testing, plus the consumer’s deposit for the test; provided, however, that no reduction shall be made to reduce the water rate for the previous three (3) months prior to the testing below the minimum water rate established by Council.

5.9. No reduction shall be made as provided in section 8 if the owner or occupant of the building has not complied with any provisions of this by-law

5.10. One (1) meter shall be placed in each single family residential, multi­ family residential, commercial, industrial and institutional private water service that has a single connection to the Corporation’s water works and the plumbing shall be so arranged that all water used on such premises shall pass through such meter and the owner of the premises shall be held liable for water charges.

5.11. Any person authorized by the Corporation for the purpose of inquiring into the compliance with the provisions of this By-Law shall have free access to the premises at all reasonable Upon reasonable notice given and request m.ade to the owner/occupant and lands to which municipal water is supplied, no person occupying or in charge or apparently in charge of such buildings or other premises or lands shall refuse access to such authorized person

5.12. Every meter shall be placed in such location as the persons authorized by the Corporation shall If possible, the water meter shall be installed in the basement of residential buildings, and shall be located immediately after the main shut-off valve on the owner’s plumbing system, so as to ensure that all water supplied to the building passes through the meter. In the event that a building has no basement, the water meter shall be installed in another location in the building or in a meter pit as authorized by the Corporation.

5.13. The location of a meter, once installed to standards of the Corporation, shall not be changed by any person except by persons authorized by the Corporation.

5.14. Where the meter is equipped with a remote read-out unit of any type and a discrepancy occurs between the reading at the register of the meter itself and the reading on the read-out device, the Corporation will consider the reading at the meter to be correct, and will adjust and correct the consumer’s account accordingly.

5.15. Any leak that may develop at the meter or its couplings must be reported immediately to the The Corporation shall not be held responsible for any damages resulting from such leaks.

5.16. The Corporation may enter into agreements with others to provide for the installation of water services or meters in any manner satisfactory to the Corporation.

5.17. All sums charged for expenses incurred for the repair of meters, fixtures and all other appurtenances connected to the water service or for damage to same, as per section 3.5 shall be charged to the owner of the premises. If these charges remain unpaid they shall be collected in the same manner as municipal taxes.

5.18. Any request for a reading of a meter prior to or after a regular reading schedule shall be subject to a fee as established by the fees and charges for municipal services.

5.19. A consumer, for the purpose of payment for the supply of water, shall be deemed to be the owner of the premises and in the event of tenant or other occupant; the registered owner shall be liable for water rates and charges.

6.    Operation and Maintenance of the Water Distribution System

6.1.     Maintenance of water service stub – Municipality

The water service stub shall be maintained by the Municipality at the Municipality’s expense from the water main to the property line.

6.2.     Maintenance of service extension and private water main – Owner

Any and all defects, including the breaking of a water service, private water main and meter pit shall be repaired by the Owner of the property being serviced. Should the Municipality become aware of any such defect, and upon written notification to the Owner, the said defect is not repaired within seven (7) days of the date of the notification or within such time as the Operating Authority may deem necessary, then the Municipality may turn off the water supply to the property.

6.3.     Operation of water shut-off valve

No person, other than persons authorized by the Operating Authority for that purpose shall be permitted to operate the water shut-off valve to any premises.

6.4.     Access to water shut-off valves

All water shut-off valves must be left clear and accessible at all times so that the water in the water service pipe and private water mains may be turned off or on as may be found necessary by the Operating Authority.

6.5.     Responsibility for protection, water loss, damage

All water service to and including the water meter shall be properly protected from frost and any other damage at the expense and risk of the Owner of the property being serviced. The Owner shall be responsible for the water loss occasioned by a leak in the water service and/or private main and the charge for such water loss shall be determined by the Operating Authority, shall be paid by the Owner upon demand by the Municipality, and the Municipality shall not be held responsible for any damages arising from such leakage.

6.6.     Responsibility – vacant and unheated premises

Every meter shall be placed in such location as the persons authorized by the Corporation shall direct. If possible, the water meter shall be installed in the basement of residential buildings, and shall be located immediately after the main shut-off valve on the owner’s plumbing system, so as to ensure that all water supplied to the building passes through the meter. In the event that a building has no basement, the water meter shall be installed in another location in the building or in a meter pit as authorized by the Corporation.

6.7     Responsibility – water damage

The owner of the premises to be supplied with water agrees to provide adequate heat in the premises to prevent frost damage to the meter. In the event that the owner is away from the premises for an extended period of time, the owner shall be required to notify the Corporation within fifteen (15) days of departure so the owner in consultation with the Corporation can take the proper precautions to prevent frost damage to the meter and water service connection, otherwise repairs will be at the owner’s expense.

6.8.     Responsibility for frozen pipes – Owner

Thawing out frozen water service stubs shall be the Owner’s responsibility. Thawing out a frozen water service or private water mains shall be the Owner’s responsibility. The Owner shall have no claim against the Municipality by reason of such work.

6.9.     Conditions on water supply

.   The  Municipality agrees  to  use reasonable  diligence in providing a regular and uninterrupted supply and quality of water, but does not guarantee a constant service or the maintenance of unvaried pressure or quality or supply of water and is not liable for damages to the Owner or Occupant caused by the breaking of any water service pipe or attachment, or for the shutting off of water to repair or rehabilitate water mains or to tap water · mains. Where planned work on the water distribution is contemplated the Operating Authority will make reasonable effort to provide two (2) days notices, delivered to the lands affected, of the intention to shut off the water, save and except for emergency shut downs.

6.10.  Unusual service demands

Where an Owner requires a supply, a guaranteed supply or quality of water or water pressures beyond that provided by the water distribution system, the Owner is responsible for providing such services, devices or processes that satisfy their specific requirements.

6.11.  Unauthorized operation or interference – offence

No person, other than persons authorized by the Operating Authority for that purpose shall open or close a water valve in the public water distribution system, or remove, tamper with or in any way interfere with any water shut-off valve, water meter, structure, water main or water service in the water distribution system, including private water mains, nor tap off or make any connection to a water main.

6.12.  Work on the system

The Municipality shall perform all work having to do with the Municipality’s water distribution system and with the installation, repair, renewal, or removal of the Municipality’s in-service water distribution system. The Operating Authority may delegate to any person the authority to perform work on the water distribution system, on conditions acceptable to the Operating Authority.

6.13.  Shut off – repair

The Municipality shall have the right at any time and without notice to shut off the supply of water to any building if, in the opinion of the Operating Authority, the water service located on the property is not being properly maintained, develops a significant leak, or in any way compromises the integrity of the Municipality’s water works, and not to restore service until such condition has been rectified to the satisfaction of the Operating Authority.

6.14.  Damage to water distribution system – offence

No person shall break, damage, destroy, deface or tamper with, or cause or permit the breaking, damaging, destroying, defacing or tampering with any part of the water distribution system.

7.    External Use of Water

7.1. Regulations external use of water May 1st September 30 every year

The following restrictions on the use of water outside of any building are effective within all areas of the Municipality serviced by municipal water distribution system:

a) During the period from May 1st to September 30th, the external use of water is permitted:

Monday, Wednesday,  Friday between 7pm-10pm for persons located at even numbered buildings (address).

Tuesday, Thursday, Saturday between 7pm -10pm for persons located at odd numbered Buildings (address).

No external use of water is permitted on Sundays.

b) The Mayor, Chief Administrative Officer and Director of Water and Wastewater for The Nation Municipality, in its sole and absolute discretion, is authorized to impose at any time any other water use regulation notice which it deems advisable to further limit the external use of water. This authority shall include, but is not limited to, the right to further limit the hours of external water use on permitted days and to ban completely the external use of water at any time.

c) Notice of an additional water use regulation and the effective date thereof shall be given by the Operating Authority to all affected residents by bulk mail, posted on the municipal website and social The further regulations will take effect immediately following being posted on website and social media.

d) Following the notice of an additional water use regulation, no person shall use water except in accordance with the provisions of such regulation.

7.2.  Exemptions

a) Any person may, from a water source other than the municipal water distribution system, use water externaly

b) The Operating Authority may, in its sole discretion, exempt any property or portion thereof from Section 1 by issuing an exemption permit.

c) Any exemption permit issued pursuant to section 2(b) shall be deemed to contain the following conditions:

i) New sod, grass seed, or hydro seeded areas may be watered using a sprinkler or other similar device between the hours of 7pm and 10 pm for seven (7) consecutive days commencing on the date specified in the exemption permit;

ii) New trees or shrubs may be watered by a hand held hose only between the hours of 7pm and 1Opm for seven (7) consecutive days commencing on the date specified in the exemption permit;

iii) For circumstances where complying with section 1 would cause irreparable damage or impose undue hardship on a property owner the Operating Authority may issue an exemption permit to permit watering of any property between the hours of 7pm and 10pm for up to seven (7) consecutive days commencing on the date specified in the exemption permit;

iv) The exemption permit shall be posted in a conspicuous place on the property for which the exemption permit applies; and

v) No more than one (1) exemption permit may be issued per property per year.

d) Notwithstanding any other provision of this by-law, the Operating Authority may permit up to two (2), seven (7) consecutive day extensions pursuant to section 2(c) (iii) per year, per property.

8.    Fire Hydrants

8.1. Unauthorized operation of fire hydrant – offence

No person, except for municipal personnel authorized under the Safe Drinking Water Act, 2002, is permitted to operate a fire hydrant.

8.2. Responsibility for hydrant maintenance

Any hydrant situated within the road allowance is the property of the Municipality and shall be maintained by it. Hydrants owned and paid for by any persons other than the Municipality shall be maintained by such persons.

8.3. Tampering

No person shall paint fire hydrants or tamper with the colour scheme of fire hydrants except with the permission of the Operating Authority.

8.4. Access

No person shall obstruct the free access to any fire hydrant or plant or place, or cause or permit to be planted or placed, vegetation or other objects within 3 metre corridor between the hydrant and the curb nor within a 1.5 metre radius beside or behind a hydrant except with the prior written authorization of the Operating Authority.

a) A contractor that needs to take water from a fire hydrant in order to perform work in the municipality must contact the water operator in charge.

b) The operator in Charge can allow usage of specific fire hydrant or refuse water takiong.

c) Backflow Prevention Assembly shall be Otherwise an air gap shall be maintained at all times.

d) The cost for the connection shall be $75.00 except for work done for the municipality

e) The taking of water for fire hydrant shall be from 7 m. to 4 p.m. Monday to Friday.

f) The hydrant shall be opened with a hydrant wrench to prevent damage, and the valve must be fully Hydrant damage will be charged to contractor operating the hydrant. It is a violation when equipment in disrepair causes water waste.

g) Fire Hydrant shall not be operated to take water during winter, other than for the Fire Department.

h) Any person involved in the unauthorized use of hydrant water will be charged for: the water taken, the costs incurred to investigate and correct the use, penalty fees, and other remedies authorized by law.

Hydrant use violation set fines are $300.00.

8.5. Private hydrants

Private hydrants shall be maintained accessible at all times and in good operating condition by and at the expense of the Owner and shall be tested on a regular basis at the Owner’s expense and in accordance with the Ontario Fire Code.

8.6. Use of water from hydrants

Except for water used for firefighting and those operations as authorized by the Operating Authority, any other use of a Municipality’s fire hydrant for water supply is prohibited.

8.7. Improper use of water from fire service – offence

Any water supplied or made available for any land or building for purpose of protection of property or persons from fire or for preventing fires or the spreading of fires shall not be used for any other purpose.

9.    Offences and Penalties

Every person who contravenes any provisions of this bylaw is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.0.1990, Chapter P.33, as amended

Any person convicted of a breach of any of the provisions of this By-Law shall forfeit and pay, at the discretion of the convicting magistrate, a penalty not exceeding (exclusive of costs) the sum of five thousand dollars ($5,000.00) for each offence and not less than three hundred dollars ($300.00) for each offence, recoverable under the Provincial Offences Act for the Province of Ontario.

Every person is guilty of an offence who:

a) willfully hinders or interrupts, or causes to be hindered, or procures, or interrupts the Corporation or any of its officers, contractors, agents, servants or workman, in the exercise of any of the power conferred by the Municipal Act, 2001, as amended;

b) willfully wastes water;

c) being a tenant, occupant, lessee, owner, the agent of a lessee, or any person in possession of any house, building or other premises supplied with water from the water works, improperly wastes water or, without the consent of the Corporation, lends, sells or disposes of water, gives it away, permits it to be taken or carried away, uses or applies it to the use or benefit of another, or to any use and benefit other than his own;

d) without lawful authority willfully opens or closes any valve or hydrant, or obstructs the free access to any hydrant, shut off valve, valve chamber or pipe by placing on it any building material, rubbish or other obstruction;

e) throws or deposits any unsafe substance into the water or waterworks, or in any other way fouls the water or commits any willful damage or injury to the works, pipes or water, or encourages the same to be done;

f) willfully alters any meter placed upon any service pipe or connected

g) lays or causes to be laid any pipe or main to connect with any pipe or main of the Corporation’s water works, or in any way obtains or uses the water without the consent of the Corporation;

h) Wilfully refuses to install a water meter;

10) In addition to other sanctions and remedies provided in this By-Law, the Corporation may turn off or restrict the supply of water to any consumer where such consumer has violated any of the provisions of this By-Law, and may refuse to restore normal service until the violation complained of has been terminated or The Corporation will not be liable for any damage to property or injury to person by reason of shut-off of water supply.

11) The requirements of this By-Law are If any requirements of this By­ law are held invalid, the application of such requirements to other circumstances and the remainder of the By-Law shall be valid and shall remain in force.

12)  Where any inconsistency exists within this By-Law and any other By-Law of The Nation Municipality the provision(s) of the By-Law imposing a greater requirement, regulation, fee or enforcement and penalty provision shall apply and prevail.

13) That the following by-laws be repealed:

i) By law 63-2020, water usage

ii) By-law 117-2016, Installation repair maintenance and access to water meter amending 26-2008

iii) By-law 26-2008, Nation water meters 2008-129 addendum water meters

iv) By-law No. 63-2002, water consumption usage and amendment

14. This By-law shall be effective the date of its

Read a first, second and duly passed upon the third reading on this 141h day of June, 2021.

Francois St-Amour, Mayor

SCHEDULE “A” TO BY-LAW NUMBER 53-2021 RATES AND CHARGES

Charges for Water  Meter and Related Appurtenance 16 mm X 19 mm (5/8″ X 3/4″) meter – $ 450.00

25 mm (1″) meter               $ as per actual cost + 10% administration 38 mm (1.5″)      $ as per actual cost + 10% administration 50 mm (2.0″)      $as per actual cost + 10% administration

Meter Pit (excluding meter)         $ as per actual cost + 10% administration  Relocation of water  meter                   $ as per actual cost

Water Meter Accuracy Testing Deposit will be $ 45.00 for each test

Late penalty for overdue accounts will be 15% applied to the outstanding account on the first day following the due date.

Notice of Disconnection Charge will be $ 50.00 and will be applied to the outstanding account.

Procedure for disconnection  of water service for Delinquent Accounts

  1. Service shall be discontinued only if personal contact is made by the Corporation’s representative with the consumer or the consumer’s
  2. If personal contact cannot be made, then discontinuance of service shall be deferred a maximum of 24
  3. If contact is made with the consumer or his/her representative by telephone, or by his/her acceptance of a registered letter advising him/her of discontinuance of supply, then the requirements for contact as set out in (1) shall be deemed to have been
  4. If contact is not made, then the approval of the Council of the Corporation must be obtained prior to any discontinuance of water

Re-connection  Charge

When it has been necessary to disconnect a service as a result of non­ payment, a re-connection charge of $ 75.00 shall be levied against the delinquent account.

 

Regulation of Water Supply By-Law in PDF Format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 22-2018

SIGNS

BEING a By-law for governing permanent signs, temporary signs and billboards installed on the territory of the Corporation of The Nation Municipality;

WHEREAS   the  Municipal  Act  2001,  S.O.,  Chapter  25,   Section  99,  provides  that municipalities may pass by-laws respecting advertising devices, including signs;

AND WHEREAS the Council of the Corporation of The Nation Municipality deems it desirable to regulate the erection, display and maintenance of signs and other advertising devices within the limits of the Corporation of The Nation Municipality;

NOW THEREFORE the Council of the Corporation of The Nation Municipality enacts as follows:

SECTION 1 SHORT TITLE

1.1 This by-law may be referred to as the “Signs By-law”.

SECTION 2 – INTERPRETATION

2.1 Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning

2.2 Where a situation arises that is not covered by a specific regulation, or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.

2.3 This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

2.4 Words in the singular include the plural and words in the plural include the singular.

2.5 The following abbreviations and symbols stand for the words respectively set forth opposite thereto as follows:

cm        – centimeter

m         – meter

m2        – square meter

%            – per cent

2.6 It is declared that any section, subsection or part thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

2.7 Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

SECTION 3 – DEFINITIONS

In this by-law:

3.1    “A-frame sign” means a mobile self-supporting structure shaped like an “A” with one (1) or two (2) sign faces, placed on, in front of, or adjacent to the premises of the business or organization it promotes;

3.2 “access” means a way of ingress or egress to or from a street, and includes a private road, a driveway and any other private way;

3.3 “alteration” means any change to the sign structure and the sign face but does not include a change in the message or maintenance;

3.4 “animated” in reference to a sign, means movement, motion or the appearance of motion by way of motion picture, streaming video, television, LED screens or any technology that would facilitate motion or the appearance of motion;

3.5 “applicant” means the company or individual whose name is listed in the applicant information section of a sign permit application form or other person who submits an application for a sign permit, sign variance or encroachment permit on his own behalf;

3.6 “banner sign” means a temporary sign other than a poster sign that is of a decorative nature and made of cloth, canvas or other lightweight, non-rigid material that is used or that functions as a sign;

3.7 “billboard sign” means a large, outdoor, off-premises advertising sign that is mounted on the ground;

3.8 “building code” means the Building Code Act, 1992, 5. 1992, Chap. 23, the Regulations made under the Act, and a by-law enacted by Council under the Act, all as amended or re-enacted from time to time;

3.9 “canopy sign” means a canopy or awning that is or functions as a sign;

3.10 “Municipal” means the municipal corporation of The Nation Municipality or the geographic area of the Corporation of The Nation Municipality, as the context requires;

3.11 “Municipal property” means any land or building owned by The Nation Municipality other than a street;

3.12 “contractor sign” means a sign that has the purpose of advertising a construction company (interlock, roofing, windows, ) or a property maintenance company (lawn maintenance, snow clearing, etc.) that is located on the property where renovations, construction and maintenance is being undertaken by the company advertised;

3.13 “Council” means the Council of the Corporation of The Nation Municipality;

3.14 “development sign” means a sign that includes information relating to a new subdivision,development or the construction of a building or structure where lots or units will be or are available for sale or lease;

3.15 “election sign” means a temporary sign advertising a candidate or political party in a municipal,school board, public utility company, provincial or federal election;

3.16 “encroachment permit” means a permit issued under this by-law as an endorsement on the sign permit, authorizing a sign to project from private property on or over a street or Municipal property;

3.17 “farm sign” means a sign that is erected on a premises that is zoned agricultural or rural and advertises or identifies the name of a farm or the farm related products or services offered on the premises or types of crops grown on the premises;

3.18 “for sale/garage sale sign” means a sign that advertises or provides directions to the temporary sale of used or unwanted household goods or personal items in a residential garage or on a residential front yard;

3.19 ufree-standing”   means   placed   on   the   ground   and   self-supporting   without supports constructed and driven into the ground;

3.20 “gasoline pump island sign” means a sign that is located on or over a single gasoline pump island;

3.21 “ground sign” means a sign that is affixed to the ground by a self-supporting structure that includes a permanent foundation below grade or above grade;

3.22 “home based business” means an occupation, trade, business, profession or craft carried on as an accessory use to the use of a dwelling and includes a home occupation and home industry as defined by the zoning by-law;

3.23 “incidental sign” means a sign whose primary function is directional or informative for the control of traffic or designation of areas such as entrance, exit, parking, loading or similar information pertinent to the function of the premises at which it is located, and includes “No Trespassing” signs and similar signs;

3.24 “inflatable sign” means a non-rigid, gas or air filled bag or balloon designed or used as an advertising device;

3.25 “Manager” means the Manager of Municipal Law Enforcement or his authorized agent to review and approve sign permit

3.26 “message centre sign” means an advertising or information sign that is designed to have a digital or analogue message in which the display changes from time to time and where that change can be made either manually or automatically;

3.27 “mobile sign” means a sign that is designed for the manual rearrangement of copy on the sign face and part of, or attached to, a readily relocatable wheeled trailer or frame without wheels, for use in another location;

3.28 “Officer” means a person appointed by the Council of the Corporation of The Nation Municipality to enforce the provisions of this by-law and shall include a By­ law Enforcement Officer or the Manager of the Municipal Law Enforcement Department;

3.29 “official sign” means a sign erected by a public body under the auspices or authority of a statute, by-law or regulation;

3.30 “owner” means the permit holder of a sign for which a permit has been issued or the person or company whose business is advertised or on whose property the sign is posted in the case of a sign for which no permit is issued;

3.31 “permanent sign” means a sign which is intended to remain in place for an extended period of time, exceeding 2 months, and which is securely attached either to a building face or window or attached to the ground, and may include a ground sign, wall sign, window sign, canopy or awning, projecting sign, development sign, billboard sign, or farm sign;

3.31 “permit holder” means the person or company whose name is listed on a sign permit or whose name is listed as the applicant on the application form for which the permit was issued;

3.33 “person” means an individual, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executor or other legal representatives of a person and for the purposes of this by-law includes an owner, or any person in temporary possession of the property;

3.34 “projectingsign” means a sign that projects on the perpendicular from the surface to which it is attached;

3.35 “real estate sign” means a sign advertising the sale, rent or lease of the premises on which it is located;

3.36 “registered non-profit organization” means a non-profit organization registered as such with the federal or provincial government and may include churches, public schools, public charities, public clinics and hospitals, political organizations, legal aid societies, volunteer services organizations, labour unions, professional associations,research institutes, museums, and some governmental agencies;

3.37 “sign” means any visual medium used to convey information by way of words, pictures, graphics, emblems or symbols or any device used for the purpose of providing direction, information, identification, advertisement, business promotion or the promotion of a product, activity, service or idea;

3.38 “sign face” means that portion of the sign upon, against or through which the message of the sign is displayed, but does not include the sign structure;

3.39 “sign face area” means the total area of all sign faces on one sign structure;

3.40 “sign height” means the vertical distance measured from the highest point of the sign to grade and includes any support structure;

3.41 “substantially altered” means the alteration of a sign structure or a change to the size of the sign, but does not include regular maintenance or the replacement of a sign face panel in an existing structure

3.42 “tear drop sign” means a free-standing temporary sign composed of a metal or plastic stand and a vertical banner in the shape of a tear drop that is attached to the stand along one side and along the top;

3.43 “temporary sign” means a sign which is intended to be in place for a period not exceeding 60 days and which is not permanently attached to a building or to the ground and may include a banner sign, an inflatable sign, a tear drop sign, a mobile sign, or other free standing sign;

3.44 “wall sign” means a permanent sign that is attached to the wall of a building and includes a canopy or awning which is or functions as a sign;

3.45 “window sign” means a permanent sign where a message is painted directly on or affixed as a sticker to the interior or exterior window of a building;

3.46 “zone” means any zone established in the Zoning by-law of the Corporation ofThe Nation Municipality and includes all special exceptions to the zones and “zoned” has a corresponding meaning;

3.47 “Zoning By-law” means the Zoning By-law of the Corporation of The Nation Municipality, as amended and includes any by-law enacted in substitution

SECTION 4 – ADMINISTRATION

Department Responsible

4.1 The Municipal Law Enforcement Department is responsible for the enforcement of this by-law.

Zoning

4.2 A property which benefits from a status as a legal non-conforming commercial use within any other zone shall be deemed to be within a commercial zone for the purposes of the application of the regulations of this by-law.

4.3 A residential building in a residential zone includes the dwelling located on any property in a rural or agricultural zone where the primary use of the lot is residential.

Lawfully Existing Signs

4.4 This by-law does not apply to a sign that was lawfully erected or displayed before the day the by-law came into force if the sign is not substantially altered and the maintenance and repair of the sign shall be deemed not in itself to constitute a substantial alteration.

Exemptions

4.5 The provisions of this by-law do not apply to signs erected by federal,provincial or municipal government.

4.6 The provisions of this by-law do not apply to the Corporation of The Nation Municipality notification signs that are supplied and installed by or for any department of the Municipality and that are commonly referred to as on site signs.

SECTION 5 – PERMITS

Sign Permits

5.1 No person shall erect a sign on private or public property within The Nation Municipality without first having obtained a permit for the sign.

5.2 Every applicant shall complete a sign permit application as set out in Annex A, submit all necessary plans and drawings and pay all applicable fees as set out in The Nation Municipality fee by-law.

5.3 Despite Section 2, before issuing a permit under this section, the Manager may require the applicant to submit such plans, specifications, documents or other information as the Manager determines is necessary to ascertain whether or not a permit  may be issued and those plans, specifications, documents or other information may be different for different signs or types of signs or signs in different zones or signs used for different purposes.

5.4 The Manager may issue the permit:

a) with a term imposed by this by-law, or

b) with a term or with restrictions imposed by Council or the Manager, as a condition of granting a variance to this by-law.

5.5 The Manager may approve variations of up to 10% of the height and sign face area regulations required in this by-law, without requiring an application for a variance, where a variance is warranted due to:

a) physical impediments or obstructions;

b) topography;

c) sign visibility;

d) public safety.

5.6 The plans, specifications, documents and other information submitted with an application under this by-law are the property of The Nation Municipality and, upon issuance of the permit, become public information.

Permit Revoked

5.7 The Manager shall revoke a permit issued under this by-law if:

a) the permit was issued in error;

b) the permit was issued on false, misleading, mistaken or incorrect information; or

c) the permit holder requests in writing that the permit be revoked.

5.8 The Manager shall notify the permit holder of the revocation of the permit under Subsections 7(a) or 5.7(b) and said notice may be given in the manner prescribed by Section 12.3

Encroachment Permits

5.9 No person shall erect a sign or any part of a sign on The Nation Municipality property or that projects over The Nation Municipality property or right-of-way of a Nation Municipality street without first having obtained an encroachment permit.

5.10 The Manager may include the encroachment permit as an endorsement on the sign permit and no additional permit is required for the sign encroachment.

5.11 The Manager may issue an encroachment permit subject to such terms, conditions and restrictions as he may determine to be necessary, or are set out by Council

5.12 Any part of an unpaid encroachment permit fee is a debt due to The Nation Municipality and may be recovered:

a) in any court of competent jurisdiction; or

b) by adding the cost to the tax roll and collecting the fee in the same manner as taxes.

Encroachment Permit Renewals

5.13 The holder of an encroachment permit shall pay an annual encroachment permit fee in the form of an encroachment permit renewal fee in order to be granted the right by The Nation Municipality to erect or maintain a sign on a Nation Municipality property or that projects over The Nation Municipality property or right-of-way of a Nation Municipality street.

SECTION 6 -VARIANCES

6.1 The Nation Municipality may authorize a variance from this By-law by approval of the Manager or by resolution of Council, upon submission of a variance application as set out in Annex B, if, in the opinion of The Nation Municipality, the general intent and purpose of the By-law are maintained.

6.2 An application under Section 6.1shall be deemed to be complete when it is:

a) submitted to the Manager; and

b) accompanied  by:

i) a complete sign permit application,

ii) such plans, specifications, documents or other information as the Manager may require

iii) the full application fee as set out in The Nation Municipality fee by-law, and

iv) any supporting documentation that the applicant considers appropriate.

6.3 An application under Section 1may be refused if it is not deemed complete.

6.4 A permit is required for any sign that received approval through a variance.

6.5 Council is the approval authority for any variance to this by-law pertaining to:

a) billboard signs

b) sign types that are not defined in this by-law;

c) signs that vary from the setback or sign face area provisions of this by­ law by more than 400%; or

d) any other sign application that is deemed by the Manager to require public consultation and input from Council prior to approval.

6.6 Where Council or the Manager approves an application for a variance to permit a sign, the Manager shall issue a permit for that sign subject to any conditions imposed by him or by Council within 10 days of the date of the decision.

SECTION 7 – FEES, CHARGES AND REFUNDS

7.1 The Manager shall not process an application for a sign permit, encroachment permit, encroachment permit renewal,or variance until the applicable fees as set out in The Nation Municipality fees by-law have been received.

7.2 Section 7.1does not apply to a permit for a temporary sign where the applicant is a registered non-profit organization and where the purpose of the sign is to advertise an event or a program registration period.

Refunds

7.3 Where an applicant withdraws an application prior to the issuance of the permit, he or she may be entitled to a refund of a portion up to 50% of the permit fee as determined by the Manager.

7.4 Where a permit has been cancelled or revoked, as described under Section 7, no refund is payable.

SECTION 8 –GENERAL PROVISIONS

Prohibited Signs

No person shall erect any of the following signs:

a) a roof sign;

b) a sign that is affixed to a shed, tree, pole, hydro or telephone pole, municipal post, traffic light, lamp post, fence, another sign or any other structure or painted on a rock surface if that sign is visible from either a street or a private road;

c) a sign that imitates, resembles or could reasonably be mistaken for a traffic control signal or an official sign;

d) a sign that obstructs the flow of a ditch, drain, or water course;

e) a sign that could obstruct the view or the visibility of:

i) vehicular or pedestrian traffic using or entering a street or railway crossing,

ii) a traffic control signal,or

iii) an official sign;

f) a sign that interferes with vehicular or pedestrian movement to such a degree that it becomes or creates a nuisance or a hazard for any vehicle or person

g) a sign located within a visibility triangle, including:

i) a sign measuring more than 3 m2at a street corner within a visibility triangle formed by measuring 6 m along the lot lines from the intersection of any two streets or at the intersection of two parts of the same street meeting at an angle of not more than 135 degrees,

ii) a sign that is greater than 75 cm in height at any point within a visibility triangle formed by measuring 2 m along the lot line and a driveway, at the intersection of the driveway and the lot line abutting the street, and

iii) a sign within 6 m of a traffic control signal;

h) a sign that is illuminated or animated or creates noise in such a way that it constitutes a hazardous distraction for vehicular or pedestrian traffic;

i) a sign structure that could, in any manner, endanger a person or property.

j) a sign that interferes with electrical light, power or telephone wires.

k) a sign that obstructs:

i) an entrance or exit to a building,

ii) an emergency exit,

iii) an emergency standpipe,

iv) a fire hydrant, or

v) any means of access by an emergency service to any part of a building.

8.2 No person shall use or park a vehicle or any part of a vehicle on any premises for the sole purpose of an advertising device.

Maintenance of Signs

8.3 Every owner of a permanent or temporary sign shall ensure that the sign is maintained in a proper state of repair so that such sign does not become unsafe, structurally unsound, unsightly or dangerous.

8.4 Every owner of the premises on which a permanent or temporary sign that has been defaced, damaged or destroyed is located shall immediately repair the sign to its original condition or remove it.

8.5 Where a sign structure has a missing face, the owner of a permanent sign shall ensure that, in lieu thereof, it has a solid, opaque or translucent panel completely covering the sign face opening.

8.6 Every owner of a permanent or temporary sign shall ensure that the materials and structures comply with all governing requirements of the Building Code, the electrical safety authority or any other code or legislation having jurisdiction over such matters.

8.7 Despite any provision of this by-law, the owner of a permanent or temporary sign shall locate the sign so as to be serviceable entirely from the premises upon which the sign is located.

Content

8.8 The message and content of any new permanent or temporary sign shall be written in both official languages of The lettering of a permanent or temporary sign (dimension and style) must be identical in French and in English; however the name of the business can be unilingual.

8.8.1 Unilingual schools and churches shall be exempt from conforming with section 8.8 of this by-law.

8.9 For the purpose of Section 8, a double-faced sign may have the message or content written in English on one side and French on the other side.

8.10 For the purpose of Section 8, two otherwise identical wall signs placed adjacent to one another may have the message or content written in English on one sign and French on the other sign.

8.11 For the purpose of Section 8, a billboard sign with a changing message may have the message content written in English or in French at any given time, however all messages must be available in both languages within the same day.

8.12 The message, logos, graphics displayed on any sign shall not promote violence, hatred and discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or contempt against any identifiable group.

8.13 The message, logos, graphics displayed on any sign shall not be disrespectful or contain profanity or obscenity.

8.14 The message, logos, graphics displayed on any sign shall not promote unlawful activity.

8.15 Signs depicting gruesome pictures such as skulls, skeletons and signs depicting pornographic scenes are prohibited.

Message Centre

8.16 A message centre sign may be incorporated as a portion of a ground sign or as a portion of a wall sign, provided that:

a) the area of the message centre portion of the sign face is no greater than twenty-five per cent (25%) of the permitted area of the sign.

Illumination

8.17 In a commercial, industrial,or community facilities zone, a sign for which a valid permit has been issued may be illuminated either internally or externally, unless it is within 30 m of a residential building in a residential zone and it is visible from a residential building in a residential zone.

8.18 Externally illuminated signs shall be designed such that the lighting is directed to shine down and away from abutting residential uses as well as streets or pathways.

8.19 A temporary sign may be illuminated through indirect lighting reflected off the sign message only.

SECTION 9 – PERMANENT SIGNS

9. 1 No person shall erect a permanent sign without first obtaining a permit and such signs shall be in compliance with the provisions of this section.

Home Based Business and Bed and Breakfast Signs

9.2 A sign for a bed and breakfast or home based business may be a wall sign, a window sign, a projecting sign, or a ground sign, provided it is:

a) no larger than 5 m2

b) in the case of a ground sign, no more than 1.5 m in height;

c) in the case of a wall sign, a window sign,or a projecting sign, located on the ground floor of the dwelling or accessory building in which the business is located;

d) the only sign on the property

9.3 A sign for a bed and breakfast or home based business shall not be a ground sign if located within the urban area or a community policy area.

Wall/Window/Projecting  Signs

9.4 Wall signs, window signs, and projecting signs are permitted in the following zones: Residential, Commercial, Industrial, Core Area, Institutional, Rural, Agricultural.

9.5 No person shall erect a wall sign or a window sign unless it complies with the regulations set out in Table 9.1 as follows:

Commercial, Industrial and Core Area Zones – 15% of the wall area

Institutional, Rural and Agricultural Zones – 10% of the wall area

9.6 Any number of wall signs shall be permitted on a single building, provided the total sign face area of all signs does not exceed the permitted percentage of the wall area indicated in Table 9.1.

9.7 No person shall erect a projecting sign larger than 2 m2

9.8 A wall, window, or projecting sign must be located on the side of the building which faces the street or the parking area for the business or organization to which it relates and must be visible from the street

9.9 No person shall erect a wall, window, or projecting sign in a location other than on the first or second storey.

Ground Signs

9.10 Ground signs are permitted in the following zones: Residential, Commercial, Industrial,Institutional,Rural,Agricultural.

9.11 No person shall erect a ground sign unless it complies with the regulations set out in Table 2 as follows:

Table

Zone                                             Height (maximum)           Area (maximum)

Residential                                      1.5 m                                1.5 m2

Commercial                                     8.5 m                                16 m2

Industrial                                       8.5 m                                 16 m2

Institutional                                   2 m                                   3 m2

Rural                                              3 m                                   4 m2

Agricultural                                    3 m                                   4 m2

9.12 In a residential zone, the only ground signs permitted shall be those for home based businesses in conformity with the provisions of Section 2 and those for the identification of apartment buildings.

9.13 No more than one ground sign shall be permitted relating to the same business or organization on the same property.

9.14 A ground sign shall be located on the premises of the business or organization to which it rfelates.

9.15 No ground sign shall be erected within 25 m of another ground sign.

9.16 Every ground sign shall be:

a) at least 5 m from any property line; and

b) at least 0.5 m from a parking lot or other area usually travelled or used by motor vehicles.

Development Signs

9.17 Development Signs are permitted in the following zones: Residential,Commercial, Industrial, Rural.

9.18 No person shall erect a development sign unless it complies with the regulations set out as follows.

– – –                                    – –  —

Size of development

–  – — – –

Height (maximum)

–        –        —

Area  (maximum)

– —-
Fewer than 10 units/lots 3 m 2 m2
Between 10 and 25 units/lots S m 6 m2
Between 25 and 50 units/lots G m 12 m2
Over 50 units/lots 7 m 20 m2

 

9.19 A development sign shall be a minimum of 3 m from any property line, driveway, parking lot or other area usually travelled or used by motor vehicules

9.20 A development sign shall be removed within 30 days of all units being built

9.21 A maximum of 4 directional development signs may be permitted for a single development with each sign having a maximum area of 1m2, and a maximum height of 1.5 m.

9.22 A directional development sign shall be a minimum of 5 m from any property line, driveway, parking lot or other area usually travelled or used by  motor vehicles.

9.23 A development sign must be located on the same property as the development and a directional development sign must be located within 3 km of the development to which it relates.

Billboard Signs

9.24 Billboards are only permitted to be erected along County Roads in the following zones: Commercial,Industrial,Rural.

9.25 Billboards shall have a maximum sign face area of 15 m2 and a maximum height of 9 m.

9.26 No person shall erect a billboard sign within:

a) 25 m of a County Road right-of-way,

b) 15 m of a traffic control signal,

c) 60 m of a residential building in a residential zone or a vacant lot in a residential zone,

d) 300 m of another billboard sign, or

e) 15 m of another permanent sign of any

9.27 No permit is required to change the content of a billboard sign.

SECTION 10 – TEMPORARY SIGNS

10.1 No person shall erect a temporary sign without first obtaining a permit and such signs shall be in compliance with the provisions of this section.

10.2 Every temporary sign shall be located on the premises of the business or organization to which it relates.

Banner Signs and Mobile Signs

10.2 Mobile signs and banner signs are not permitted in a residential or agricultural zone.

10.4 A mobile sign shall have a height not exceeding 7 m as measured from grade.

10.5 The sign face area of a mobile sign or a banner sign shall not exceed 5 m2•

10.6 A banner sign shall be affixed to the exterior wall of a building on the subject premises or business.

10.7 No mobile sign shall be erected within 25 m of another mobile sign.

10.8 A mobile sign shall be:

a) at least 5 m from any property line; and

b) at least 0.5 m from a parking lot or other area usually travelled or used by motor vehicles.

10.9 A mobile sign or a banner sign may be permitted for a period of time not exceeding 120 days commencing on the date indicated on the permit.

10.10 A maximum of 4 temporary sign permits may be issued for a mobile sign or a banner sign for the same business on the same premises within a one year period, provided that the cumulative total of the time periods for which the signs are permitted does not exceed 120 days within a one year period commending on the date indicated on the permit.

10.11 No more than one mobile sign and no more than one banner sign shall be permitted relating to the same business or organization on the same property at the same time.

10.12 A maximum of two mobile signs per event or program organized by a not for profit organization shall be permitted to be displayed at the same time, provided they are located on different properties.

10.13 Notwithstanding section 2, a mobile sign for an event or program organized by a not for profit organization may be permitted on any private or public property with permission from the property owner.

Inflatable Signs

10.14 An inflatable sign shall have a maximum height of 3 m measured from grade and a maximum width of 3m

10.15 An inflatable sign shall be located:

a) on a premises having a frontage of at least 15 m,

b) at least 3 m from any property line,

c) at least 3 m from any driveway entrance and exit,

d) at least 10 m from any other temporary sign on the same premises or abutting premises, and

e) at least 60 m from a residential building in a residential zone.

10.16 An inflatable sign shall be affixed to the ground and properly secured to the satisfaction of the Manager and shall not be placed in such a way that it extends above a roof line of a building or structure.

10.17 A temporary sign permit that is issued for an inflatable sign shall permit the placement of the inflatable sign for a period of no more than seven consecutive days within a six month period from the first day the temporary inflatable sign is erected.

Other Temporary Signs

10.18 Any temporary sign that is a free-standing ground sign but not a mobile sign must be a free standing sign which is placed on the ground but is not affixed to the ground or embedded in the ground.

10.19 Such a temporary sign shall have a maximum height not exceeding 7 m and shall have a maximum sign face area not exceeding 4.5 m2•

10.20 Such a temporary sign may be permitted for the opening of a new business or for the advertisement of a public event in the following zones: commercial,core area, industrial, rural.

10.21 A temporary sign shall be:

a) at least 5 m from any property line; and

b) at least 5 m from a parking lot or other area usually travelled or used by motor vehicles.

10.22 A permit for such a temporary sign may be given for a time period not exceeding 60 days.

SECTION 11-SIGNS THAT DO NOT REQUIRE A PERMIT

11.1 Notwithstanding the requirements of section 5.1, section 9.1,and section 10.1, the following signs listed in Column A of Table 11.1do not require a sign permit if erected for the period of time specified in Column B, in the zone specified in Column C, not exceeding the dimensions specified in Column D, and not exceeding the number of signs specified in Column E.

 

Column A               Column B          Column C          Column D           Column E

Sign Type               Time       limit     Zone(s)               Dimensions              Number                       of (maximum)                                (maximum)          Signs

(maximum) Gasoline      pump    none                 Commercial,      3.5  m  height     1 per  gasoline island sign                                                 industrial                  above grade                  pump

Farm sign               none                 Rural,               4 m2                                        1per farm

agricultural

Wall  sign  on  a    none                 all zones            15% of the wall                   No limit temporary       sales                                                   area

centre building

Election sign           60           days    All zones           None                    No limit before

election day and 7 days after election day

Incidental sign         none                 All zones           0.3 m2                                  No limit

Real estate sign       15 days after    All zones           commercial,        1    per                    street the  property                                    industrial, frontage

is sold                                       rural,         and

agricultural:   6

m2

; any other zone: 1m2 •

Contractor sign       60 days             All zones           0.3 m2                                   1  per     street

frontage

Farm        produce    Seasonal            All zones            2 m2                                      Any       number, sales sign               (May    1″  to                                                                    provided   the November                                                      total  sign  face

1″)                                                                       area of all signs

on the property does not exceed 5 m2

For sale /garage    15 days             All zones           0.07m2                                3   per   person/

sale sign                                                                                           per garage sale

A-frame sign           Seasonal            Commercial,      Width     60cm,    2 per business/ (May   1″  to            core area                        length 75 cm,   organization November                                 height  1m

1″)

Tear drop sign         Seasonal            Commercial,      Height 2 m           2 per business/ (May 1″  to    industrial,                                  organization November    core                    area,

1″)                     rural

Sign advertising a    30 days             All        zones    0.3 m2                                 20 in all of The local public event                        except                                                           Nation

organized   by   a                            residential                                   Municipality  per

non-profit         or                            zones                                           event governmental

organization

 

11.2 Every gasoline pump island sign, farm sign, real estate sign, or farm produce sales sign shall be located on the premises where the advertised item is being sold.

11.3 The following signs are permitted on public property without an encroachment permit and are exempt from the requirements of Section 9 of this By-law, provided they conform to the time limit, zone, and dimension requirements of Table 11.1:

a) election signs;

(b)for sale/garage sale signs;

(c) A-frame signs;

(d) signs advertising a local public event organized  by a non-profit or governmental organization.

11.4 Despite the provisions of Table 11.1, a maximum of two contractor signs which have the dual purpose of advertising snow removal and acting as a marker to identify the edge of a driveway may be permitted on a single property provided that:

(a) they are placed at the edges of a legal driveway,

(b) they are not erected prior to November 1″ and do not remain on the premises after April 30th of any year,

(c) the total sign face area of the two signs does not exceed 0.3 m’, and

(d) the width of each sign be no more than 15 cm.

11. 5 A real estate sign shall be located on the property that is advertised for sale

11.6 Despite Section 15, for a condominium property, the real estate sign advertising the sale of a condominium unit may be located within the municipal right of way of the public street on which the property has frontage or access,provided it is a minimum of 1.0 m from the edge of the pavement or sidewalk.

11.7 In addition to Section 16, the location of a real estate sign on The Nation Municipality property for the sale of a condominium unit is also subject to any Condominium Corporation’s by-laws or regulations.

11.8 In addition to other permitted real estate signs, a maximum of two temporary real estate signs for the purpose of advertising an open house at a property which is listed as being for sale may be permitted on public property within the road right of way of an adjacent street, provided:

(a) the sign must be located a maximum of   km from the property it advertises; and

(b) the sign must be either

i) an A-frame sign with a maximum width of 60 cm, a maximum length of 75 cm, and a maximum height of 1m, or

ii) a sign temporarily affixed to the ground with a maximum area of 3 m2•

11.9 Temporary election signs pertaining to municipal, county, provincial or federal

i) No person shall place or permit to be placed an election sign earlier than 60 days prior to Election

ii) No person shall fail to remove their election signs within 7 days following Election

iii) No person shall place or permit to be placed an election sign that:

a) is illuminated;

b) interferes with  the  safe  operation  of  vehicular  traffic  or the safety of pedestrians; or

c) impedes or obstructs The Nation Municipality’s maintenance operations

iv) No person shall place or permit to be placed an election on or in a voting place as designated by the Cl

v) No person shall place or permit to be placed an election sign on any tree, bridge, traffic control sign, guardrail or other form of traffic safety structure or facility, utility pole or equipment, or any other similar type of sign, structure, facility or equipment located within the limits of a road allowance.

vi) .No person shall place or permit to be placed an election sign on municipal properties, including but not limited to parkland, and other lands, buildings and facilities owned by The Nation Municipality.

vii) No election sign shall display a logo, trademark or official mark, in whole or in part,owned or licensed by The Nation Municipality.

viii) An election sign purchased by or under the direction of a candidate, shall display the name of the candidate and include a telephone number, mailing address or email address at which the candidate may be contacted regarding the sign.

ix) An election sign purchased by or under the direction of a registered third party, as defined in the Municipal Elections Act, shall predominantly display the name of the candidate, but shall display the name of the registered third party and include a telephone number, mailing address or email address at which the registered third party may be contacted regarding the sign.

x) The Municipality is not responsible for investigating or prosecuting any acts of vandalism or theft with respect to Election Campaign Advertisement.

xi) Election Campaign Advertisement on federal, provincial or county properties require the approval of the appropriate authority.

xii) If Election Campaign Advertisements are found to be in contravention of this section and/or the Act, the Candidate will be notified by the Municipality and will be requested to remove the Election Campaign If it is not removed within a reasonable time, then The Municipality will proceed to remove and dispose of them. See section 12.7

SECTION 12 – ENFORCEMENT

Entry

12.1 The Manager or an Officer may, at any reasonable time, enter upon any land and into any building for the purpose of:

(a) inspecting a sign;

(b) determining whether the sign has been erected or maintained in compliance with:

i) this by-law,

ii)a condition of a permit issued under this by-law, or

iii) an order made under this by-law.

Notice of Violation

12.2 Where a sign is not erected or maintained in compliance with a provision of this by-law, or in accordance with the conditions of a permit issued under this by-law, or is in an unsafe condition, the Manager or an Officer may make a Notice of Violation, requiring the contravener to remove the sign or correct the violation and bring the sign into conformity in the manner and within the time specified in the Notice.

12. 3The Notice of Violation referred to in Section 12.2 or a notice of revocation referred to in Section 8 shall be served by registered mail or in person to the permit holder, property owner or owner, or other persons whom the Manager or an Officer believes is contravening this by-law.

Contents of Notice of Violation

12.4 The Notice of Violation referred to in Sections 12 and 12.3 shall:

a) include the name of the permit holder or owner, if applicable;

b) set out the contravention or unsafe condition;

c) identify the required corrective action;

d) provide a deadline for compliance; and

e) include a statement that if the requirements of the Notice of Violation have not been complied with within the time specified, the Director, their contractor or other agent may enter the property and pull down or remove the sign and in so far as possible restore the site to its original condition at the expense of the owner without any further notice.

Non-Compliance with Notice of Violation

12.5 In addition to any other enforcement action, where a Notice of Violation under Section 14 is not complied with within the time specified in the Notice, the Manager may have the sign removed and the site restored as reasonably as possible to its original condition and, for this purpose, the Manager, their contractor or other agent may at any time enter upon the land containing the sign in respect of which the Notice was made.

12.6 After making a Notice of Violation under Sections 12 and 12.3, and where the sign is in an unsafe condition, the Manager may, either before or after the Notice is served, have the sign removed and in so doing may take any intermediate measures as are considered necessary to terminate any immediate danger and, for this purpose, the Manager, their contractor or other agent may at any time enter upon the land containing the sign in respect of which the Notice was made.

Removal of Sign

12.7 The following provisions shall apply to the removal of signs:

a) No Person shall remove or cause to be removed any lawfully placed sign, other than Persons authorized by this By-Law or the owner of the sign;

b) The Municipality may remove or cause to be removed immediately, without notice at the expense and risk of its owner, a sign that is placed or operated in contravention of this By-Law;

c) A sign removed pursuant to this section shall be stored by The Municipality for at least thirty (30) days during which the owner of the sign may retrieve the sign upon payment of Fifty Dollars ($50.00) to The Municipality for each sign;

d) Where the sign is so large or so placed that the cost of taking it down and removing it exceeds the amount provided in sub-paragraph ( c ) above, sub-paragraph ( c ) above it not applicable and the owner of the sign shall pay the Municipality an amount equal to the aggregate of ( i ) the cost incurred by The Municipality for removing and storing the sign and ( ii ) fifteen percent (15%) of the cost incurred by The Municipality for removing and storing the sign;

e) Where a sign has been stored for a period of at least thirty (30) days, the sign may be destroyed at the sole discretion of the Municipality without further notice and without compensation to its owner;

f) Without limitation to the generality of the foregoing, a public utility performing maintenance on a utility pole may take down or remove or cause to be removed immediately without notice, and at the risk of its owner, a sign that interferes with the public utility’s maintenance function.

Liability

12.8 The owner of a permanent or temporary sign and any person erecting, causing to be erected, or maintaining any permanent or temporary sign or sign structure shall be liable and responsible for such sign or sign structure.

Immunity and Indemnity

12.9 The Nation Municipality shall not be liable for any damage to or loss of a permanent or temporary sign that was erected in contravention of the provisions of this by-law and removed by the Municipality.

12.10 The Nation Municipality shall not be liable for any loss of revenue resulting from the removal of a sign pursuant to the provisions of this by-law.

12.11The Nation Municipality is hereby indemnified and saved harmless from and against any and all claims, demands, causes of action, loss, costs, damages, expenses or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure or part therefor.

General 

12.12 Every person who contravenes any of the provisions of this by-law is guilty of an offence.

12.13 No person shall knowingly provide false or incorrect information for the purpose of obtaining a permit.

12.14 No person shall contravene a term, provision or restriction in a permit that was imposed by the Manager, or by Council as a condition of issuing the permit.

12.15 No person shall obstruct,  hinder or otherwise  interfere with an Officer in the performance of his or her duties under this by-law.

12.16 No permit holder shall fail to produce his or her permit for inspection upon the request of the Manager, or an

12.17 No person shall fail to comply with a Notice of Violation made pursuant to Section 12 and served pursuant to Section 12.3.

12.18 Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.O. 1990, Chap. P.33, as amended.

12.19 When a person has been convicted of an offence under this by-law:

a) the Ontario Court of Justice; or

b) any court of competent jurisdiction thereafter,

may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Repeal

  • The following by-law is repealed:

a) By-law 48-2005 of the Corporation of The Nation Municipality entitled “Signs By-law”, as amended.

 

 

Signs By-Law in PDF Format

NOTE TO BY-LAW 80-2005

NOTE:    Should include maximum height of fence to match the fence By-law 66-2009 !

Guylain Lafleche

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NUMBER 80-2005

SWIMMING POOL ENCLOSURE BY-LAW

BEING A BY-LAW of the Corporation of The Nation Municipality respecting the enclosure of privately-owned outdoor swimming pools.

WHEREAS Section 11(1) 7. of The Municipal Act, 2001, as amended, provides that the Council of a Municipality may pass by-laws respecting matters within certain spheres of jurisdiction namely, among other things. “7. – Structures, including fences and signs” and,

WHEREAS The Corporation of The Nation Municipality deems it desirable to regulate owners of privately-owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools, for prescribing the height and description of, and the manner of erecting and maintaining, such fences and gates, for prohibiting persons from placing water in privately-owned outdoor swimming pools or allowing water to remain therein unless the prescribed fences and gates have been erected, for requiring the production of plans of all such fences and gates, for the issuing of a permit for any such fences or gates;

THEREFORE the Council of The Nation Municipality enacts as follows:

SHORT TITLE

  1. 1. This By-Law may be cited as the “Swimming Pool Enclosure By­ law”.

DEFINITIONS

  1. In this By-Law:

a) “Municipality” shall mean The Corporation of The Nation Municipality;

b) “Permit” shall mean permission or authorization given in writing by the Chief Building Official to erect enclosures around swimming pools as regulated in this By-Law;

c) “Swimming Pool” shall mean any privately-owned outdoor below grade or above ground pool of water for bathing, wading or reflecting and which has a water depth exceeding twenty four (24) inches at any point; but does not include a tub, hot tub, spa, whirl pool, or inflatable self-supported

d) “Owner” shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property;

e) “Chief Building Official” shall mean the Chief Building Official appointed by the Council of the Corporation of The Nation Municipality;

f) “Corporation” shall mean the Corporation of The Nation Municipality.

GENERAL REQUIREMENTS

  1. Every owner of a privately-owned outdoor swimming pool shall ensure that an enclosure around such a pool is constructed and maintained according to the provisions of this By-Law.
  2. No person shall place water in a swimming pool in the Municipality unless the prescribed fences and gates or, for a maximum period of thirty days, a temporary fence as approved by the Chief Building Official has been erected in accordance with the provisions of this By-Law.
  3. No person shall allow water to remain in a swimming pool in the Municipality unless the prescribed fences and gates or temporary fence has been erected in accordance with the provisions of this By-Law.

PERMITS

  1. No person shall construct or place a swimming pool on his property in the Municipality without first obtaining a swimming pool enclosure permit.

APPLICATION FOR PERMIT

  1. To obtain a permit the owner shall file an application in writing by completing a prescribed form available in the office of the Chief Building Official.
  2. Except as otherwise permitted by the Chief Building Official, every applicant shall:

a) identify and describe in detail the work to be covered by the permit for which an application is made,

b) describe the land on which the pool is to be located by a description that will readily identify and locate the building lot,

c) be accompanied by two (2) complete sets of plans showing details of the enclosure and deck as well as their relationship to lot lines, buildings and fences,

d) be accompanied by the fee as prescribed in Section 11 hereof, and

e) state the names, addresses and telephone numbers of the owner and the contractor performing the work.

  1. An application for a permit may be deemed to have been abandoned and cancelled six (6) months after the date of filing, unless such application is being seriously proceeded with
  2. Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed work will comply with this By-Law or any other applicable law or regulation.
  3. The fee for a swimming pool enclosure permit shall be $100.00.
  4. An administration performance deposit of $100.00 shall accompany an application for a swimming pool enclosure The full amount of the administration performance deposit is to be refunded in whole or in part to the permit holder in accordance with the following provisions;

a) One hundred (100%) per cent of the administration performance deposit is to be refunded if the installation is fully completed within one (1) year of the date of the issuance of the Seventy five (75%) per cent of the administration performance deposit is to be refunded if the installation is fully completed within two (2) years of the date of the issuance of the permit.

b) Seventy five (75%) per cent of the administration performance deposit is to be refunded if the installation is fully completed within two (2) years of the date of the issuance of the permit.

c) Fifty (50%) per cent of the administration performance deposit is to be refunded if the installation is fully completed within three (3) years of the date of the issuance of the permit.

d) Twenty five (25%) per cent of the administration performance deposit is to be refunded if the installation is fully completed within four (4) years of the date of the issuance of the permit.

e) No refund of the administration deposit will be awarded if the installation is not fully completed within four (4) This will not relieve the permit holder and/or contractor of obligations under any provisions of any By-Law, the Building Code Act or regulations made thereunder.

f) The refund of the whole or part of the administration performance deposit shall not be deemed to be a waiver of any provisions of any By-Law or requirements of the Building Code Act or regulations made Also, the refund should not be construed as a certification or guarantee that the installation for which a permit was issued meets all the requirements of any By-Law, the Building Code Act or regulations made thereunder.

CONDITIONS OF PERMIT ISSUANCE

13

  1. Every swimming pool shall have an adequate enclosure erected around it in accordance with the provisions of subsection (2) to subsection (8) hereof inclusive.
  2. Every enclosure for a swimming pool shall be of a close­ boarded, chain link or other approved design with maximum openings of 4″ including the space below the fence, to reasonably deter children from climbing it to gain access to the fenced-in area.
  3. In the case of an in ground pool, the enclosure shall be at least 5 feet in height and in the case of an above ground pool, if the walls of the pool are less than 4′ high above the grade for a distance of at least 24 inches from the wall, the enclosure shall be at least 4 feet in height or the walls of the pool can be extended with an approved manufactured fence for a total height of at least 4 feet above the grade.
  4. Gates in the enclosure shall:

a) provide protection equivalent to the enclosure,

b) be at least the same height as the enclosure,

c) be equipped with a self-closing and latching device and lock at the upper inside of the gate, and

d) be locked except when the enclosed area is actually being used and supervised.

5) Barbed wire or fencing energized by electrical current shall not be used as an enclosure for the swimming pool.

6) Where a wall of a building is used as part of an enclosure, all doors located in the wall of the building shall be equipped with locking devices.

7) Equipment or materials cannot be located, stored or kept within 36 inches from the pool to prevent climbing.

8) Decks or platforms associated with pools shall comply with the requirements of the Ontario Building Code and the access to such decks or platforms must be adequately enclosed in accordance with subsections (2) to (6) hereof inclusive.

  1. There shall be a minimum distance of four (4) feet between the enclosure and any part of an in ground swimming pool unless approved otherwise by the Chief Building Official.
  2. When an enclosure is not erected or maintained, in accordance with the provisions of this By-Law, a notice shall be sent by registered mail or by hand to the owner of the land on which the swimming pool is located, at his last known address requiring him to make the enclosure conform to the requirements of this By-Law and the notice shall specify the time allowed for compliance.

16

  1. Where a notice has been sent pursuant to Section 15, and the requirements of the notice have not been complied with, the Chief Building Official may cause the work to be done, or the water to be removed from the swimming pool and the cost of the work or the removal of the water shall be at the expense of the owner.
  2. When the Chief Building Official causes the work to be done pursuant to subsection (1), the Corporation shall have a lien for any amount expended by or on behalf of the Corporationà and for an administrative fee of ten (10%) percent of any amount expended by or on behalf of the Corporation, and the certificate of the Clerk of the Corporation as to the total amount expended shall be admissible in evidence as prima facie proof of the total amount expended and such total amount together with the administrative fee shall be added to the collector’s roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in like manner and with the same remedies as real property taxes.
  3. Before the certificate of the Clerk of the Corporation is issued under subsection (2), an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well as to all prior mortgagees or other encumbrancers and the affected owner, mortgagees or other encumbrancers shall have two (2) weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to the Council of the Corporation.
  1. The provisions of this By-Law also apply to swimming pool enclosures which have been constructed or installed prior to the passing of this By-Law.

PENALTIES

  1. Every person who contravenes any of the provisions of this By­Law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.
  2. When a person has been convicted of an offence under this By­Law, any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.
  3. The requirements of this By-Law are If any requirements of this By-Law are held invalid, the application of such requirements to other circumstances and the remainder of this By-Law shall not be affected.
  4. This By-Law shall come into force on the date of its adoption and shall take effect on that date.
  5. That By-Laws # 60-99 as amended; namely by By-Laws #39- 2003, & #69-2004 are hereby repealed.

READ A FIRST, SECOND AND DULY PASSED UPON A THIRD READING THIS 22″d DAY OF AUGUST, 2005.

Mary J. Mccuaig, Clerk

 

Swimming Pools (bilingual) By-Law in PDF Format

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 74-2017

USE OF TOBACCO

BEING A BY-LAW TO PROHIBIT THE USE OF TOBACCO INDUSTRY PRODUCTS ON MUNICIPAL PROPERTIES, WITH THE EXCEPTION OF DESIGNATED SMOKING AREAS.

WHEREAS Section 115 (1) of the Municipal Act, 2001 authorizes Council to pass by-laws regulating or prohibiting tobacco industry product use within the municipality for the health, safety and wellbeing of persons;

AND WHEREAS it is deemed desirable for the health, safety and wellbeing of the inhabitants of the Nation Municipality to reduce exposure to tobacco industry product use on municipal property.

AND WHEREAS it has been determined that tobacco-free municipal properties align with their intended use and the Nation Municipality’s mission as it strives to foster healthy, active life styles;

AND WHEREAS the Nation Municipality wishes to adopt a by-law to prohibit the use of tobacco industry products on all municipal properties, with the exception of designated smoking areas.

NOW THEREFORE be it resolved the Council of the Corporation of the Nation Municipality enacts as follows:

Title:

  1. This Bylaw maybe cited as “Tobacco-Free By-Law.”

Definitions/Interpretations:

2. For the purpose of this by-Law, the following definitions shall

a) “tobacco industry product” means

I: chew, snus, snuff, dissolvable tobacco, shisha, e-juice, a cigarette, cigar, or any other similar or related product;

II: pipe, water pipe, electronic cigarette or any other similar or related apparatus for the consumption of tobacco industry or related products

b) “use of tobacco industry product” means

I: inhaling, exhaling, burning, vaping, chewing, dissolving or spitting any form of tobacco or other related or similar product;

II: carrying a lit cigarette, cigar, pipe, water pipe, electronic cigarette and any other related or similar apparatus

c) “exposure to tobacco use” means

I:  Physical exposure to second-hand smoke and third-hand smoke which occurs when a person who is not actively engaged in using a tobacco industry or related product is involuntarily exposed to pollutants from this product

II: Social exposure to tobacco use which includes visual and sensory cues associated with the use of tobacco industry or related products

d) “designated smoking area” means

I: Area which is no larger than 5 metres wide by 5 metres long

II: Area which is no closer than 20 metres from any building entrance, exit or operable window

III: Area which is no closer than 20 metres from any park, sporting field or spectator area, whether or not it is being used as such

IV: Area with a butt receptacle within its parameters

V: Area without any shelter, wall barriers or seating

VI: Area where tobacco use is permitted

e) “property” means

I: any land and any indoor or outdoor facilities or installations located on this land which is owned, leased or operated by the corporation of the Nation Municipality

Prohibitions:

  1. No person shall use any tobacco industry product on any municipal property, whether or not a sign is posted, with the exception of designated smoking areas

Exemptions:

  1. Notwithstanding section 3, above such prohibition shall not apply to a highways.
  2. Notwithstanding section 3, above such prohibition shall not apply to those areas identified by the Nation Municipality as designated smoking area.

Duties:

6. Signs shall be prominently posted at all municipal properties.

a) Where publicly used facilities are present on municipal properties, signs shall be prominently posted at main entrances and exits.

7. Smoking receptacles shall be removed from any space not within the parameters of a designated smoking area.

Enforcement:

  1. The provisions of this by-law may be enforced by a Municipal Law Enforcement Officer of the Nation Municipality or a Tobacco Enforcement Officer of the Eastern Ontario Health Unit.

Obstruction:

  1. No person shall hinder or obstruct an officer in the enforcement of this by-law.

Offence/Penalties:

  1. Any person who contravenes any of the provisions of this by-law is guilty of an offence.
  2. Any person found guilty of an offence under the provision of this by-law shall be subject to a fine and such fine shall be recoverable under the provincial offences act.

Conflicts:

  1. If a provision of this by-law conflicts with an Act or a regulation or another by-law, the provision that is the most restrictive of tobacco use shall prevail.

Severability and validity

  1. Notwithstanding that any Subsection, clause , paragraph or provision of this by law , or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal, or beyond the powers of council to enact, such section or sections or part of this bylaw sections or parts of this by-law are separate and independent therefrom and enacted as such as a whole and shall not affect the validity or enforceability of any other provisions of this by-law of this by-law or of the by-law as a whole.

Effective date:

READ a first, second and third time this 24th day of July 2017.

Francois St-Amour, Mayor

 

 

Tobacco By-law in PDF Format

Farming tractor on road in The Nation

By-laws

The following by-laws of public interests are for information purposes only. While every effort was taken to ensure the accuracy of the documents, the following documents do not supersede the original by-laws. Whereas most of the following by-laws are available only in English, we are currently working on translating by-laws of public interests. The Nation Council members have made a commitment to earmark funds annually for translating by-law starting in 2019 (resolution 249-2018).

Flower

Policies

The following policies of public interests are for information purposes only. While every effort was taken to ensure the accuracy of the documents, the following documents do not supersede the original policies. Whereas most of the following policies are available only in English, we are currently working on translating by-laws of public interests. The Nation Council members have made a commitment to earmark funds annually for translating by-law starting in 2019 (resolution 249-2018).

Policies

CORPORATION OF THE NATION MUNICIPALITY

Accountability and Transparency Policy of Council and staff of The Nation Municipality.

SUBJECT

Accountability and Transparency Policy of Council and staff of The Nation Municipality.

PREAMBLE

Section 270 of the Municipal Act, 2001 requires the adoption of various policies, namely a policy on the manner in which the municipality will ensure that is is accountable to the public for its actions and the manner in which the municipality will ensure that its actions are transparent to the public.

APPLICATION

As required by Section 270 of the Municipal Act, 2001, this policy applies to all municipal operations.

DEFINITIONS

“Accountability” is the manner in which the municipality will be responsible to its stakeholders for decisions made and policies implemented, including its actions and/or inactions.

“Transparency” is the manner in which the municipality will actively encourage and foster stakeholder participation and openness in its decision making processes.  Additionally, transparency means that the municipal decision making process is open and clear to the public.

POLICY STATEMENT

The Nation Municipality will promote accountable and transparent municipal governance guided by the following principles:

  • Decision making will be open and transparent;
  • Municipal operations will be conducted in an ethical and accountable manner;
  • Financial resources and physical infrastructure will be managed in an efficient and effective manner;
  • Municipal information will be accessible so that it is consistent with legislative requirements;
  • Inquiries, concerns and complaints will be responded to in a timely manner.

The municipality ensures accountability and transparency by way of the following principles:

  1. Open Government and Legislated Requirements

The municipality is accountable and transparent by fulfilling various legislated responsibilities and disclosure of information according to the following statutes:

  • Municipal Act, 2001
  • Municipal Conflict of Interest Act
  • Provincial Offences Act
  • Municipal Freedom of Information and Protection of Privacy Act
  • Public Sector Salary Disclosure Act.
  1. Financial Responsibility:

The municipality is accountable and transparent by identifying the source of municipal funds and how those funds are used to deliver services.  The following policies and procedures demonstrate the municipality’s financial responsibility:

  • External auditor’s report
  • Annual financial statements
  • Monthly summary of revenue and expenditures
  • Report on remuneration and expenses of Council members
  • Accounts submitted to Council for inspection and ratification
  • Report of projects to be included in reserves at the end of the year.
  1. Open Government:

The municipality is accountable and transparent in its operations through the Council Procedural By-Law, Public Notice By-Law and the public distribution of Council meeting agenda.

     EFFECTIVE DATE

This policy comes into effect on August 1, 2012.

 

 

Accountability and Transparency Policy in PDF Format

STRATEGIC ASSET MANAGEMENT POLICY

POLICY No FD-01-2019

EFFECTIVE DATE: June 24th, 2019

Applies To: All Departments

Members of Council

1.  Governance & Continuous Improvement

1.1 The Municipality shall adopt and apply recognizes asset management (AM) practices in support of delivering services to its customers. The program will promote Lifecycle Activities and risk management of all existing assets and new acquisitions, with the goal of achieving the lowest total cost of ownership while meeting desired levels of

1.2 The Municipality asset management plan will respect Reg 588/17 requirements and will include , but will not be limited to the following information:

1.2.1 Levels of service

1.2.2 Performance of assets

1.2.3 Performance measures

1.2.4 Replacement cost

1.2.5 Age of assets

1.2.6 Remaining life

1.2.7 Condition of assets

1.2.8 Condition assessment

1.2.9 Lifecycle management

1.3 The Council is entrusted with the responsibility of overseeing, on behalf of citizens, a large range of services provided through a diverse portfolio of Council, having stewardship responsibility, is the final decision maker on all matters related to asset management in Municipality. The Council and the Department Head are committed to the success of asset management planning.

1.4 Within asset management planning, the Council is responsible for:

1.4.1 Approving by resolution the asset management plan and its updates every five years;

1.4.2 Conducting annual reviews of management plan implementation

1.4.3 Progress on or before July 1 of every year; and

1.4.4 Supporting ongoing efforts to improve and implement the asset management The Department heads are ultimately responsible for asset management planning across the municipality and maintaining compliance with the regulation. Department heads are responsible for asset management planning activities that fall within their service area and in support of others.

2.     Definitions

2.1 Unless otherwise provided in this document, the definitions of capitalized terms are those as contained in the Ontario Regulation 588/17 (Asset Management Planning for Infrastructure) and the Infrastructure for Jobs and Prosperity Act, 2015, as amended from time to time, which are incorporated herein by

“Asset Management and Infrastructure Coordinator” means the designated employee that coordinates all related asset management duties and has an active role in promote the asset management evolution.

“Council” means the council of the Corporation of The Nation Municipality.

“Department Head” means the person responsible for the management and operation control of the department within the Corporation of The Nation Municipality.

“Finance Department” means the Finance Department of the Corporation of The Nation Municipality.

“Municipality” means the “Corporation of The Nation Municipality”.

“Treasurer” means the Treasurer of the Corporation of The Nation Municipality

3.  Purpose

3.1 The purpose of this policy is to detail the AM program principles with the aim of:

3.1.1 Striving to deliver services at approved levels of service;

3.1.2 Improving decision-making accountability and transparency;

3.1.3 Better demonstrating the long term consideration of short term decisions;

3.1.4 Improving customer service;

3.1.5 Reducing the life cycle costs while maintaining acceptable levels of service; and

3.1.6 Linking infrastructure investment decisions to service outcomes

4.  Policy Requirements

4.1     Strategic Alignment

4.1.1 Our vision to maintain a safe community with sustainable growth requires alignment of the many initiatives underway in our organization at any given time in order for it to be This alignment is necessary to properly consider whether the level of service provided by our existing and planned assets is congruent and supports our vision.

4.1.2 Asset management planning therefore will not occur in isolation from other municipal goals, plans, and Rather, an integrated approach will be followed to successfully develop a practical asset management plan that align with the overarching accountabilities and aspirations of our community.

4.1.3 The Council, and senior management will review this policy and incorporate it into the asset management planning approach that fosters the integration of municipal documents such as:

a) The strategic plan

b) The water financial plan 179-301A

c) Tangible Capital Assets FD-2016-02

d) Official plan

e) Recreation Master plan

4.2     Guiding Principles

4.2.1 In order to attain the goal of asset management, the following key principals should applied within an asset management system

a) Customer Focused: The Municipality will have clearly defined levels of service and applying asset management practices to maintain the confidence of customers in how the municipality assets are managed.

b) Forward looking: The Municipality will make the appropriate decisions and provisions to better enable its assets to meet future challenges, including changing demographics and populations, customer expectations, legislative requirements, technological and environmental factors.

c) Serviced focused: The Municipality will consider all the assets in a service context and taking into account their interrelationships as opposed to optimizing individual assets in isolation.

d) Risk-based: The Municipality will manage the risk associated with attaining the agreed levels of service by focusing resources, expenditures, and priorities based upon risk assessments and the corresponding cost/benefit recognizing that public safety is the priority.

e) Holistic: The Municipality will take a comprehensive approach that looks at the “big picture” and considers the combined impact of managing all aspects of the asset life cycle.

f) Value-Based / Affordable: The Municipality will choose practices, interventions and operations that aim at reducing the life cycle cost of asset ownership, while satisfying agreed levels of Decisions are based on balancing service levels, risks, and costs.

g) Systematic: The Municipality will adopt a formal, consistent, repeatable approach to the management of its assets that will ensure services are provided in the most effective manner.

h) Innovation: The Municipality will continually improve its asset management approach, by driving innovation in the development of tools, practices and solutions.

i) Infrastructure planning and investment should promote accessibility for persons with disabilities.

4.3     Capitalization Thresholds

4.3.1 The Municipality will develop an asset management plan that includes all Asset Categories that meets the capitalization/recognition threshold outlined in the Municipality Tangible Capital Assets (FD-2016-02). The Municipality acknowledge that thresholds outlined in the Municipality’s Policy on Accounting for Tangible Capital Assets(TCA) should not be the basis for asset management planning however, the small dollar value assets own by the Municipality are minimal and are not majorly critical to the safe and reliable operation of the Infrastructure therefore they are indirectly covered under the The municipality TCA threshold/recognition are set at low reasonable amounts that covers both financial and asset management perspectives. The financial perspective focuses on the monetary value of an asset and the asset management perspective focuses on the service provided.

4.4     Budgeting

4.4.1 The asset management plan and progress made on the plan will be considered annually in the creation of the Municipality’s capital budgets, operating budgets, and long-term financial plans. The asset management plan will be referenced by each specific department in the preparation of their budget submission in order to:

a) Look up forecasted spending needs identified in the plan;

b) Verify progress made on the plan to identify potential gaps; and

c) Prioritize spending needs, across the gap identified in the plan and recent developments, for the years to be budgeted

4.4.2 The budgets thus prepared by each department will then be processed in accordance with the municipal budget process.

4.4.3 The Finance Department will be involved in asset management planning to facilitate the bridge between:

a) The financial strategy developed in the asset management plan;

b) The budget submissions of each service area; and

d) The overall budgeting process thy ultimately

4.4.4 The Finance department, the public works and utilities services personnel will work together to align the financial strategy developed in the asset management plan with the financial plans related to the water and wastewater

4.5     Community Planning

4.5.1 The asset management planning will be aligned with the Municipality’s official The asset management plans will reflect how the community is projected to change and the related asset impacts. The Municipality will achieve this with the following:

a) Those responsible for managing services impacted by development or redevelopment will

      • Be consulted while the community plan is being prepared;
      • Provide input to the analysis of future servicing costs; and
      • Provide written comment about the financial viability of development as it pertains to the service they

b) Methods, assumptions and data used in the selection of development or redevelopment initiatives documented in the community plan will be available in support of the production of asset management

4.6     Climate Change

4.6.1 The Municipality commits to the development of tailored actions that make the best use of its resources to mitigate and adapt to climate These actions that will go beyond acquiring or modifying assets based on greenhouse gas reduction targets and risk exposure. Bolstering resilience to climate change in Municipality also means modifying the scope of current operations, anticipating possible costs to support contingency funds, leveraging alternative funding mechanisms, integrating the disaster response perspective to planning, and revising levels of service. The Municipality will tailor these actions by striking a balance between its organizational capacity, financial and stakeholder support, and the local risks and vulnerabilities related to climate change. The asset management plan will encompass this sustainable approach to climate change mitigation and adaptation.

4.7     Stakeholder Engagement

4.7.1 The ultimate goal of the municipality is to efficiently provide its various stakeholders with the municipal services they need within the bounds of regulatory requirements, the built environment, and the natural In order to achieve this goal, it is necessary that the municipality understand the needs of current stakeholders, consider the needs of future generations, and incorporate these perspectives into asset management plans. The municipality recognizes them as an integral part of the asset management approach. Accordingly, the municipality will:

a) Provide opportunities for residents and other stakeholders served by the municipality to provide input in asset management planning; and

b) Coordinate asset management planning with other infrastructure asset owning agencies such as municipal bodies and regulated utilities.

5.  References

  • MFOA Strategic Asset Management Policy Toolkit

 

Strategic Asset Management Policy in PDF format

CORPORATION OF THE NATION MUNICIPALITY

CODE OF CONDUCT FOR COUNCIL POLICY NUMBER AD -2016-02

APRIL 13 , 2016

EFFECTIVE DATE: JANUARY 1, 2016

Amended March 8th  2021

Annexe  A.. 13

Legislated Role of Integrity Commissioner. 13

I. PRINCIPLES UPON WHICH THIS CODE IS BASED

Improving the quality of municipal administration and governance can best be achieved by encouraging high standards of conduct on the part of all municipal officials. In particular, the public is entitled to expect the highest standards of conduct from the members that it elects to local government. In turn, adherence to these standards will protect and maintain the municipality’s reputation and integrity.

Key statements of principle that underline this Code of Conduct are as follows:

  • Members of Council shall at all times serve and be seen to serve the interests of the Municipality and their constituents in an ethical, conscientious and diligent manner, and shall approach decision-making with an open mind;
  • Members of Council must be committed to performing their functions with integrity, avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real;
  • Members of Council are expected to perform their duties in office and arrange their private affairs, in a manner that promotes public confidence and will bear close public scrutiny;
  • Members of Council must recognize and act upon the principle that democracy is best achieved when the operation of government is made as a transparent and accountable to members of the public as possible; and
  • Members of Council shall seek to serve the public interest by upholding both the letter and spirit of the laws of Parliament and the Ontario Legislature, as well as the laws and policies adopted by the municipal council.

II. APPLICATION OF THIS CODE

This Code of Conduct applies to every member of the Council.

III. DEFINITIONS

In this Code of Conduct:

“child” means a child born within or outside marriage and includes an adopted child and a person whom a member has demonstrated a settled intention to treat as a child of his or her family;

“corporation” means the Municipality of The Nation;

“Council” means the Council of the Corporation of the Municipality of The Nation ;

“information” includes a record or document;

“member” means a member of the Council, unless the context otherwise requires;

“parent” means a person who has demonstrated a settled intention to treat a child as a part of his or her family whether or not that person is the natural parent of the child;

“municipality” means the Corporation of the Municipality of The Nation;

“person’ includes a corporation, partnership, association and any other entity, as the context allows; and

“spouse” means a person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage.

IV. COMPLIANCE WITH DECLARATION OF OFFICE

Every member shall act in accordance with his or her declaration of office.

V. ADHERENCE TO COUNCIL POLICIES AND PROCEDURES

Every member of Council shall observe and comply with every provision of this Code of Conduct, as well as all other policies and procedures adopted or established by Council affecting the Councilor, acting in his or her capacity as a member of Council.

VI. CONDUCT AT MEETINGS

Every member shall conduct himself or herself properly and in a civil manner at Council, committee and other meetings, and in accordance with the provisions of the Procedure By-law, this Code of Conduct, and other applicable law.

VII. CONDUCT RESPECTING OTHERS

Every member of Council has the duty and responsibility to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation, and to ensure that the municipal work environment is free from discrimination and harassment. All members of council shall not,  in any way,   attempt to influence the voting of another member  on council matter by way of intimidation, menaces,  coercion or undue influence.

VIII. CONDUCT RESPECTING STAFF

Under the direction of the senior municipal administration, and in accordance with the decisions of Council, municipal staff is required to serve the municipal corporation as a whole. Every member shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any member or faction of the Council. Accordingly, no member shall maliciously or falsely injure of impugn the professional or ethical reputation of any member of staff. Every member shall show respect for staff, and for their professional capacities and responsibilities.

No member shall compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity. No member shall use or attempt to further his or her authority or influence by intimidating, threatening, coercing, commanding, or influencing improperly any staff member or interfering with that person’s duties, including the duty to disclose improper activity.

IX. GIFTS AND BENEFITS

For the purpose of this Code, a gift or benefit provided, with the member’s knowledge, to a member’s spouse, child or parent, or to his or her staff, that is connected directly or indirectly to the performance of the member’s duties, is deemed to be a gift or benefit to that member. No member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted under one or more of the exceptions listed below.

Each of the following is recognized as an exception:

(a) compensation authorized by law;

(b) a gift or benefit of the kind that normally accompanies the responsibilities of office and is received as an incident of protocol or social obligation;

(c) a political contribution otherwise authorized and reported as required by law, in the case of member running for office;

(d) services provided without compensation by a person volunteering his or her time;

(e) a suitable memento of a function honoring the member;

(f) food, lodging, transportation or entertainment lawfully provided by any Provincial, regional or local government, or board or political subdivisions of any of them, by the Federal government, a foreign government, or by those organizing a conference seminar or event where the member is speaking or attending in an official capacity;

(g) food and beverages consumed at a banquet, reception or similar event, if:

i) Attendance by the member is for a legitimate municipal purpose;

ii) The person extending the invitation, or a representative of the organization holding the event, is in attendance; and

iii) The value is reasonable;

(h) communications to the office of a member, including subscriptions to newspapers and periodicals; and

i) a sponsorship or donation for a community event organized or run by a member, or a third part on behalf of a member, subject to the limitations set out in any applicable municipal policy.

Except for exception (c) (political contributions allowable by law), these exceptions do not apply where a gift or benefit is provided by a lobbyist or a lobbyist’s client or employer. In this provision, a lobbyist is an individual, organization or business who or that:

(a) lobbies, or causes the lobbying of, any public office holder or the municipality, the municipal council or corporation, or a local board;

(b) the member knows is attempting or intending to lobby the member or any of the public persons or bodies listed in paragraph (a); or

(c) is maintaining an active lobbyist registration with the municipality, whether or not with respect to any specific or current subject-matter.

In the case of any of the recognized exceptions (b), (e), (f), (h) and (i), if the value of the gift or benefit exceeds $300.00, or if the total value of gifts or benefits received from any one source during the course of a calendar year exceeds $300.00, the member shall file, within 30 days of receipt of the gift or benefit, or of reaching the annual limit, a disclosure statement with the municipality [or with its Integrity Commissioner].

The disclosure statement must set out:

1) the nature of every gift or benefit received;

2) its source and date of receipt;

3) the circumstances under which it was given and received;

4) its estimated value;

5) what the recipient intends to do with any gift; and

6) whether any gift will at some point be provided to the municipality.

Every disclosure statement filed under this Code shall be made a public record.

Upon receiving a disclosure statement, the Integrity Commissioner, or other responsible municipal official, shall examine it to ascertain whether the receipt of the gift or benefit might, in his or her opinion, constitute a contravention of this Code or create a conflict between a private interest and the public duty or responsibilities of the member. In the event that the Integrity Commissioner makes such a determination, he or she shall call upon the member to justify receipt of the gift or benefit.

Should the Integrity Commissioner or other municipal official determine that receipt of any gift or benefit was inappropriate, he or she may direct the member to return the gift, reimburse the donor for the value of the gift or benefit already consumed, forfeit the gift or remit the value of any gift or benefit already consumed, to the municipality.

Except in the case of exceptions (a), (c), (f) and (i), no member shall accept a gift or benefit worth in excess of $500.00 or gifts or benefits from one source during a calendar year which together are worth in excess of $500.00.

X.        EXPENSES

         Members of Council are required to adhere to the Council Expense Policy and related procedures and guidelines and ensure that conditions related to each expense are met.

          Falsifying of receipts or signatures by a Member of Council or their staff is a serious breach of this Code of Conduct and the Criminal Code of Canada and could lead to prosecution

XI.       MUNICIPAL CONFLICT OF INTEREST ACT

          Members shall conduct themselves in accordance with the Municipal Conflict of Interest Act as amended from time to time.

          The following principles should be used as a guide:

a) in making decisions, members should always place the interests of the taxpayers first and, in particular, place them before their own interests and those of colleagues on Council, staff, friends or family;

b) if in doubt as to whether the member has a pecuniary interest in the matter, which is defined in the Municipal Conflict of Interest Act, the said member should immediately request advice, in writing, from the Integrity Commissioner;

c) it is also the responsibility of individual Members of Council to obtain independent legal advice with respect to any situation that might arise whereby the member has a potential for a conflict of interest;

d) lastly, it is considered a breach of this policy for individual members of Council to require or to attempt to burden staff members to assist them in the determination of whether they have a conflict of interest.

When the member has a pecuniary interest, the member should immediately declare it at the first available opportunity and follow the provisions of the Municipal Conflict of Interest Act, including but not limited to section 5 thereof.

XII       COMMUNICATIONS AND MEDIA RELATIONS

          Members of Council will attempt to accurately and adequately communicate the attitudes and decisions of Council, even if they disagree with a majority decision of Council, so that:

a) There is respect for the decision making process of Council.

b) Official information related to decisions and resolutions made by Council will normally be communicated in the first instance to the community and the media in an official capacity by the CAO or designate.

c) The Mayor shall be the official spokesperson for the Municipality. If the Mayor is not available, then the CAO shall assume that role.

d) Information concerning adopted policies, procedures and decisions of Council is conveyed openly and accurately.

e) Members conduct their dealings with each other in ways that maintain public confidence in the Office to which they have been elected, members remain open and honest, and members are focused on the issue rather than personalities and avoid aggressive, offensive or abusive conduct.

XIII. CONFIDENTIAL INFORMATION

In this Code, “confidential information’ includes any information in the possession of, or received in confidence by, the municipality that the municipality is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act, or any other law. “Confidential information” also includes information of a corporate, commercial, scientific or technical nature received in confidence from third parties; personal information; information that is subject to solicitor-client privilege; information that concerns any confidential matters pertaining to personnel, labour relations, litigation, property acquisition, the security of the property of the municipality or a local board; and any other information lawfully determined by the Council to be confidential, or required to remain or be kept confidential by legislation or order.

No member shall disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so.

No member shall use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body.

A matter, the substance of a matter, and information pertaining to a matter, that has been debated or discussed at a meeting closed to the public, shall be maintained as confidential, unless authorized by the Council or legislation to be released, generally or subject to conditions, and such are complied with. No information pertaining to such a matter, the manner in which it was dealt with at the meeting, or any part or description of the debate, shall be disclosed unless authorized by the Council or otherwise by law.

A member may disclose the content of any matter referred to in the preceding paragraph or the subject-matter of deliberations, at an in camera meeting, only after the Council or committee lawfully and knowingly discusses the information at a meeting that is open to the public or releases the information to the public.

Without limiting the generality of the foregoing, no member shall, without lawful authority, disclose, or make personal use of, any of the following types of confidential information:

  • information concerning litigation, negotiation or personnel matters;
  • information the publication of which may infringe on the rights of any person (e.g. source of a complaint where the identity of a complainant is given in confidence);
  • price schedules in any contract, tender or proposal document while such remains a confidential document;
  • information deemed to be “personal information” under the Municipal Freedom of Information and Protection of Privacy Act; and
  • any other information or statistical data required by law not to be released.

No member of Council shall obtain access, or attempt to gain access, to confidential information in the custody of the municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law.

The obligation to keep information confidential applies even if the    Member ceases to be a Council member.

XIV. USE OF MUNICIPAL PROPERTY, SERVICES AND OTHER RESOURCES

No member of Council shall use, or permit the use of, municipal land, facilities, equipment, supplies, services, staff or other resources, including any municipally-owned information, website, Council transportation delivery service or funds allocated for member of Council expenses, for any purpose or activity other than the lawful business of the municipal corporation. No member shall seek or acquire any personal financial gain from the use or sale of confidential information, or of any municipally-owned intellectual property including any invention, creative writing or drawing, computer program, technical innovation, or any other information or item capable of being patented or copyrighted, of which property remains exclusively that of the municipality.

XV. CONDUCT OF ELECTION CAMPAIGN

Every member shall comply with all applicable requirements of the Municipal Elections Act, 1996. No member shall use confidential information, facilities, equipment, supplies, services or other resources of the municipality, including any Councillor newsletter or website linked through the municipality’s website, for any election campaign or campaign-related activity. No member shall undertake campaign-related activities on municipal property during regular staff working hours unless authorized by the municipality. No member shall use the services of any person for election-related purposes during hours in which that person receives any compensation from the municipality.

XVI. NO IMPROPER USE OF INFLUENCE

No member of Council shall use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes.

No member of Council shall use his or her office or position to influence or attempt to influence the decision of any other person, for the member’s private advantage or that of the member’s parent, child, spouse, staff member, friend or associate, business or otherwise. No member shall attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties. No member shall hold out the prospect or promise of future advantage through the member’s supposed influence within Council, in return for any action or inaction.

For the purposes of this provision, “private advantage” does not include a matter

a)  that is of general application;

b) that affects a member of Council, his or her parents/children or spouse, staff members, friends or associates, business or otherwise, as one of a broad class of persons; or

c) that concerns the remuneration or benefits of a member of Council.

This provision does not prevent a member of Council from requesting that Council grant a lawful exemption from a policy.

XVII. NON-COMPLIANCE WITH THIS CODE OF CONDUCT – SANCTIONS

A member found by Council to have contravened any provision of this Code, is subject to one or more of the following consequences imposed by Council, as referred to in the following two paragraphs;

The Municipal Act, 2001 authorizes the Council, where it has received a report by its Integrity Commissioner that, in his or her opinion, there has been a violation of the Code of Conduct, to impose upon the offending member of Council;

a) a reprimand; and/or

b) suspension of the remuneration paid to the member in respect of his or her services as a member of Council or a local board, as the case may be, for a period of up to 90 days.

The Integrity Commissioner may also recommend that Council or a local board take one or more of the following actions:

a) removal from membership on a committee or local board;

b) removal as chair of a committee or local board;

c) repayment or reimbursement of monies received;

d) return of property or reimbursement of its value;

e) request an apology to Council, the complainant, or both; or

f) any other sanction or measure deemed as appropriate and necessary by the Integrity Commissioner in the circumstances;

g) Any other additional action deemed by Council to be appropriate, and which is within its power to take.

XVIII. NO REPRISAL OR OBSTRUCTION IN THE APPLICATION OR ENFORCEMENT OF THIS CODE

Every member of Council must respect the integrity of the Code of Conduct and inquiries and investigations conducted under it, and shall co-operate in every way possible in securing compliance with its application and enforcement. Any reprisal or threat or reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner or any other person is prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner, or any other municipal official involved in applying or furthering the objectives or requirements of this Code, in the carrying out of such responsibilities, or pursuing any such objective.

XIX. STATUTES REGULATING THE CONDUCT OF COUNCILLORS

In addition to this Code of Conduct, the following Ontario legislation also governs the conduct of member of Council;

  • the Municipal Act, 2001, as amended;
  • the Municipal Conflict of Interest Act;
  • the Municipal Elections Act, 1996; and
  • the Municipal Freedom of Information and Protection of Privacy Act.

The Criminal Code of Canada also governs the conduct of members of Council.

A member may become disqualified and lose his or her seat by operation of law, including being convicted of an offence under the Criminal Code of Canada or being found to have failed to comply with the Municipal Conflict of Interest Act, whether or not the conduct in question involves contravention of this Code of Conduct.

In the case of any inconsistency between this Code and a Federal or Provincial statute or regulation, the statute or regulation shall prevail.

__________________________                          _____________________________

Francois St-Amour, Mayor                                     Josee Brizard CAO/Clerk

Annexe  A

Legislated Role of Integrity Commissioner

(section 223.3 of the Municipal Act, 2001)

  • The Integrity Commissioner reports directly to Council on matters related to the Code of Conduct and other policies, rules or procedures related to ethics for Council and/or local boards;
  • The Integrity Commissioner has the power to undertake investigation into complaints alleging contraventions of the applicable code of conduct while respecting confidentiality; and
  • The Integrity Commissioner’s reports are public and she/he is permitted to disclose necessary information related to the findings while maintaining confidentiality.

Duties of the Integrity Commissioner

Under the Municipal Act, 2001, Council has the authority to assign duties and functions to the Integrity Commissioner. The following duties are being recommended:

  • Provide advice to Members of Council on ethical behavior;
  • Provide education to Members of Council on the application of a Code of Conduct;
  • Assist in the development of the policies and processes in regards to ethics;
  • Receive complaints and conduct investigations in accordance with the approved process with respect to alleged contraventions of the Code of Conduct;
  • Provide a report on his/her findings and recommendations to City Council;
  • Provide an annual summary report of complaints, investigations and advice provided and make any recommendations for any changes to the approved process

 

 

 

Code of conduct for Council Policy in PDF Format

Annexe  A.. 13 in PDF Format

Legislated Role of Integrity Commissioner. 13 in PDF Format

THE NATION MUNICIPALITY

POLICY NUMBER AD-2018-01 – MUNICIPAL DONATION POLICY

 

Preamble

The Nation Municipality strives to promote activities that will enhance the cultural, social, economic well-being of the community. For this reason, the Council of The Nation Municipality is committed to receive and treat all request for financial assistance in a consistent and equitable manner.

 

Purpose

The purpose of this policy is to establish guidelines regarding the process of approval and of remitting of municipal donations to non-profit groups, associations and organisations.

 

Guidelines

Eligibility

Municipal donations are available to groups, associations and organisations that are not for profit.

Preference will be given to non-profit groups, associations or organisations that are based in The Nation Municipality and to events that will be held within its boundaries. Council may consider and remit donations to groups or activities that are held outside of his boundaries at their discretion.

Applicants can make only ONE request for the year (either for one event or for the years’ events).

 

Ineligibility

Municipal donations will not be given to the following:

  • Individuals;
  • Organisations or activities of a political nature;
  • Activities benefitting board members only;
  • If an activity is deemed discriminatory, contrary to municipal policies and values, or unlawful;
  • School bursaries;

Funds

The municipal donations given are not intended to be the sole source of financial support for the non-profit group, association, organisation, nor for the event.

 

Application Process

Applicants must fully and legibly complete the application Form – see Annex “B”.

Applicants must recognize The Nation Municipality (for example a banner or sign at their event with The Nation logo) in recognition of the donation.

At the discretion of Council, a donation will automatically be given to the non-profit community groups, listed in Annex “A”, at the beginning of each year. The amount given will be decided by the members of Council at the beginning of each year by resolution.

Applications may be submitted one of the following ways:

  1. Online. Applicants may complete the integrated form found on our website at www.nationmun.ca.
  2. Email. Applicants may email the completed form to the Clerk at jbrizard@nationmun.ca.
  3. Mail. Applicants may mail their completed form to:The Nation MunicipalityC/O Josée Brizard, Clerk958 Route 500 WestCasselman ON K0A 1M0
  4. Municipal Offices. Applicants may hand deliver completed forms to one of our two municipal offices (Casselman or Fournier)

 

Financial Reporting

To ensure accountability, if an organization or community group is asking for $1,000.00 or more, they are asked to detail in their application form how the funds will be used. If Council requires further information, regardless of the amount given as a donation, a formal report may be required after the event or events.

 

Approval Process

All properly completed and legible application forms will be presented to Council during a meeting. To be approved, the members of Council must pass a resolution approving the donation and amount given.

Approvals and amounts given are at the sole discretion of the members of Council.

Applicants will be notified of the result, whether approved or rejected, within seven business days. An official letter, with the donation if applicable, will be sent within 4 weeks.

 

Cancellation

If your event is cancelled or if the non-profit group, association or organisation is disbanded and funds have been received, a full refund must be made to The Nation Municipality within 30 days of the notice of cancellation or closure.

 

Revised: March 19th, 2018, resolution 137-2018

Revised: March 9th, 2020, resolution____________

 

Annex A

 

Section A:

The following groups, located in The Nation Municipality, will be automatically given a donation at the beginning of the year. The amount is to be decided by the Council members at the beginning of the year by resolution.

Seniors Groups.

  • Club le Bonheur, Limoges
  • Club le Réveil, Fournier
  • Nation Area Seniors, Riceville / Pendleton
  • Club Renaissance, St-Isidore
  • Club André Deguire, St-Albert
  • Comité consultatif de St-Bernardin (formerly the seniors’ club)

Optimist Clubs

  • Limoges Optimist Club
  • St-Albert Optimist Club
  • St-Isidore Optimist Club
  • Forest Park Optimist Club 

 

Section B:

The following community groups, located outside of The Nation Municipality, will receive half of the amount given to the community groups listed in section A :

  • Casselman Optimist Club
  • Casselman Senior’s Club (Club 60)

 

Annex B

Section A – Organization’s Information

Name of organization: Click here to enter text.

Mailing Address: Click here to enter text.

Telephone number: Click here to enter text. Fax or Email: Click here to enter text.

Contact Person Name: Click here to enter text.

Contact Telephone Number: Click here to enter text. Email: Click here to enter text.

 

Section B – Application Summary

Is your request for:      ☐ 1 activity / Event;   ☐ For the year’s activities;

Note that only one donation will be given per application / organization per year.

Amount Requested Click here to enter text. $

If the amount is more than the amount previously given, please justify: Click here to enter text.

Name of activity or list of activities: Click here to enter text.

Description of activity / activities’ summary: Click here to enter text.

Start date / End date of activity / List of dates: Click here to enter text.

Location of activity / activities: Click here to enter text.

Is admission free? ☐Yes/☐ No, the admission fee is Click here to enter text.

Describe how The Nation will be recognized during your event(s)? Click here to enter text.

If the amount requested is more than $1,000.00, please explain how the money will be used. A financial report may be requested by Council.

Click here to enter text.

If applicable, the organism consents to sending a report to The Nation Council: ☐Yes/☐ No,

 

 

______________________________                        ______________________________

Signature of applicant                                                 Date

 

 

Municipal Donations Policy in PDF Format

Policy Number: AD-2021-01

Subject: Cloth / Washable Diaper Grant

Resolution: 374-2021

Approved on: June 28, 2021

1. Objective

1.1 Objective

In the framework of the Cloth / Washable Diaper Program, The Nation Municipality’s objective is to bring awareness to a more ecological and economical alternative to disposable diapers in order to significantly reduce waste sent to the landfills.

Disposable diapers take approximately 500 years to decompose in landfills; a year’s worth of disposable diapers sends approximately 1 tonne of waste to our landfills. By using cloth / washable diapers, families will successfully avoid sending approximately 1 tonne of waste to the landfills and save money in doing so.

Our goal is to give twenty grants per year, thereby eliminating 20 tonnes of waste.

1.2 Context

The Nation Municipality started a Washable Diaper Program in 2010 (Work Plan for the Cloth Diaper Grant Project with the Collaboration of The Nation Municipality) in an effort to reduce the waste caused by disposable diapers to our landfills. This program has been successful thus far, and The Nation Municipality wishes to continue this collaboration with young families.

2. Relevance to priorities

Indirectly, this policy will support the 2034 Strategic Plan’s Environmental Sustainability Pillar, D.2, by promoting environmentally sustainable solid waste management by reducing the amount of waste directed to our landfills.

3. Policy

3.1    Qualification

In order to qualify for the cloth / washable diaper for grant, you must:

i) Be a resident of The Nation;

ii) Have a baby of less than 6 months;

iii) Submit application within 6 months of the baby’s birth;

iv) Purchase a minimum of 20 cloth / washable diapers.

v) Submit all required documentation:

a) Application form duly completed and signed (see point 3.2);

b) Baby’s birth certificate or proof of birth;

c) Proof of residency in The Nation Municipality (ex. Valid driver’s licence or recent utility bill);

d) Proof of purchase of 20 washable diapers (valid store receipts).

3.2    Application Form

The application form must be completed and submitted within six (6) months of the birth of the baby. The following information must be included:

i) Name of parent;

ii) Mailing address;

iii) Telephone number (home, cellular);

iv) Name of the baby;

v) Baby’s birthdate;

3.3    Multiples (Twins, Triplets, etc.)

A $200.00 grant will be given per child, per purchase of twenty (20) diapers. This is also the case for the birth of multiples; for example, if a family is expecting twins and they purchase two (2) sets of twenty (20) washable diapers (for a total of forty (40) washable diapers), they can apply for two (2) grants of $200.00 (for a total of $400.00).

3.4    Subsequent children

Families can apply for a washable diaper grant for each child.

3.5    Purchasing Used Cloth / Washable Diapers

While The Nation is cognisant of the ecological benefits of purchasing used cloth / washable diapers, only purchases verified by valid receipts from stores will be accepted to avoid fraudulent applications.

4. Financial Considerations

4.1    Twenty (20) Cloth / Washable Diaper Grants will be given per year, representing an investment of $4,000.00. This sum will be earmarked in each budget henceforth.

5. Previous Policies / Work Plans

The “Work Plan for the Cloth Diaper Grant Project with the Collaboration of The Nation Municipality” (a.k.a. “Plan de travail pour le projet de subvention de couches lavables avec la collaboration de la municipalité de La Nation”) is hereby repealed and replaced by this policy, AD-2021-01.

 

Washable Diaper Grants Policy in PDF Format