If you have any questions or would like to see the original documents, please contact the clerk’s office, by phone at 613-764-5444 extension 228, 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).
Email the ClerkCorporation of The Nation Municipality
BEING a By-Law to amend by-law number 61-2022, regarding the care and control of animal.
WHEREAS, The Nation Municipality’s Council adopted By-law number 61-2022;
THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:
1. That Section 86 of By-law Number 61-2022 be amended as follows
“86. That By-law number 61-2022 shall come into force on June 15th, 2022.”
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 13TH DAY OF UNE, 2022.
Francois St. Amour,Mayor
Josée Brizard, CAO-Clerk
Corporation of The Nation Municipality
BY-LAW NO. 61-2022
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:
“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
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.
a) a clean and sanitary environment free from an accumulation of fecal matter,
b) 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.
c) a shelter that is adequate and appropriate for its size and breed, is waterproof and protects it from exposure to the
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,
iiii. 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.
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.
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.
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 7, 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
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
11. 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.
12. No owner of a dog shall permit the dog to run at large in The Nation Municipality.
13. 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.
14. 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 11, 12, 13 and 14 inclusive shall not apply to police working dogs, during the course of fulfilling their duties.
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.
21. 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
22. 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.
23. 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.
24. 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.
25. 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.
26. No owner of a dog shall permit his dog to bite or attack without provocation, a person, a domestic animal, domestic bird or livestock.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34.
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.
35. Sections 26 to 30 inclusive shall not apply to police working dogs during the course of fulfilling their duties.
36. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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
c) a splash pad
43. 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.
44. 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.
45. Sections 41 to 44 inclusive shall not apply to a service animal/working dog when accompanied by its handler.
46. 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.
47. 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.
48. This By-law applies to all persons and to the licensing of dog kennels referred to in this By-law within The Nation Municipality.
49. 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.
50. No person shall keep a kennel for breeding or boarding of dogs without first having received a kennel license from the municipality.
51. 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.
52. 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.
53. 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.
54. No kennel shall be erected or maintained unless approval has been obtained from the manager.
55. 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”.
56. No kennel structure, or part thereof, shall be used for human habitation.
57. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. (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.
64. (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.
65. 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.
66. 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.
67. 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.
68. 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.
69. (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.
70. 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.
71. 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.
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.
73. No person shall keep in The Nation Municipality, either on a temporary or permanent basis, any prohibited animal, as set out in Schedule “A”.
74. (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.
75. 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.
76. 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.
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.
78. 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.
79. 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.
80. 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.
81. No person shall obstruct, hinder or interfere with the manager or his designate in the lawful performance of his duties
82. Unless otherwise provided in the by-law, the By-law shall be enforced by the Municipal Law Enforcement Officers of The Nation Municipality.
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.
84. This by-law may be referred to as the “Animal Care and Control By-law”.
85. By-laws No. 31-2021 and 110-2021 of the Corporation of The Nation Municipality will be repealed at the time this by-law comes in effect.
86. 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 28th day of March 2022.
Francois St. Amour,Mayor
Josée Brizard, CAO-Clerk
Bylaw Animal Control and Care in PDF FormatCORPORATION 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:
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:
1.1 “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.
2.1Any 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.
3.1An 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.
4.1Every 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.
5.1 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.
6.1The By-law shall be enforced by the Municipal Law Enforcement Officers of The Nation Municipality.
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.
8.1 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.
9.1 By-law 73-2011of The Corporation of the Nation Municipality will be repealed at the time this By-law comes into effect.
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.
FEBRUARY, 2021
Francois St. Amour,Mayor
Josée Brizard, CAO-Clerk
THE CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 71-2023
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 missing 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 unit” 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 machine within the meaning of the Highway Traffic Act, R.S.O. 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/Occupier” 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 “Road” means all parts of a highway save and except the roadway, shoulder, curb and sidewalk.
1.19 “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.
1.20 “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.
1.21 “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/occupier 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 and road, whether dead or alive, that are more than 20 cm (7.8 inches) in height;
d) ensure that vegetation on his or her lands and road, 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 3.2 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 1.2 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 0.6 metres (1.97 feet) from any lot line.
3.3 Section 3.1 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/occupier of a property that is not maintained pursuant to the requirements of this By-law which directs that the owner/occupier 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/occupier shall be sent to the address shown on the last revised assessment roll or to the last known address of the owner/occupier.
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/occupier.
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/occupier 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 5.8 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 6.1, 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, R.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/occupier, 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.
12. This By-law repeals By-law 91-2014
READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL THIS 29th DAY OF MAY 2023.
CORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO. 91-2024
BEING a By-Law to repeal By-laws No.19-2024 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;
AND WHEREAS Section 238 (3.1) of the Municipal Act, 2001, as amended, stipulates that a municipality’s procedure by-law may provide that 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;
AND WHEREAS Section 238 (3.3) stipulates that an applicable procedure may provide that a member of Council participating electronically may be counted in determining whether a quorum of members is present at any point in time and that a member of a council can participate electronically in a meeting that is open or closed to the public.
THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 24 DAY OF JUNE 2024.
SCHEDULE A
Article I – Short Title
This By-law may be referred to as the “Procedural By-law” or the “Rules of Procedure”.
Article II – Interpretation
2.1 Act – Means the Municipal Act, 2001, as amended from time to time.
2.2 Acting Mayor – Means the Member of Council appointed by By-law to act from time to time in the place and stead of the Mayor.
2.3 Ad Hoc Committee – Means a Special Purpose Committee of limited duration, created by Council to inquire into and report on a particular matter or concern and which dissolves automatically upon submitting its final report unless otherwise directed by Council.
2.4 Adjournment – Means the termination of a meeting.
2.5 Agenda – Means the order in which business is taken up within a meeting.
2.6 Alternate Member – Means the Member of The Council of The Nation Municipality appointed by Council to act in the place of the Mayor at the UCPR Council meetings and committees at the Mayor’s request when the Mayor is unable to attend.
2.7 Assembly – Means a group of elected people gathered in one place for a common purpose to make laws or decisions for The Nation Municipality.
2.8 Chair – Means the Mayor or Acting Mayor or Presiding Officer or Chairman at a meeting.
2.9 Chief Administrative Officer – Means the Chief Administrative Officer of The Nation Municipality, as referred to under Section 229 of The Municipal Act.
2.10 Clerk – Means the Clerk of The Nation Municipality, appointed by By-law and as referred to under Section 228 of The Municipal Act.
2.11 Closed Meeting – Means a meeting of the Council or Committee, which is not opened to the public and which is provided for under Section 239(2)(3), (3.1) of The Municipal Act.
2.12 Committee – Means 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.
2.13 Committee Chair or Chair – Means the Chair of a Standing Advisory or Special Committee appointed by Council.
2.14 Consent Items Motion – Means a motion, which allows a grouping of items on an Agenda, which do not require discussion or debate, and to be dealt with under one motion of Council.
2.15 Council – Means the Council of the Corporation of The Nation Municipality which was elected by registered voters or who has been appointed by virtue of a vacancy.
2.16 Council Chambers – Means the area beyond the municipal office especially designated for meetings of the Council.
2.17 Days – Means seven consecutive days of a week, considering working days, Monday to Friday and weekend days, Saturday and Sunday.
2.18 Debate – Means a discussion to put forth reasons for or against, in which a difference of opinion is expressed.
2.19 Electronic Meetings – shall mean a regular or special meeting of Council held virtually as permitted by statute. Electronic meetings may be conducted by way of telephone or other electronic means, following instructions provided by the Municipal Clerk in order to ensure that the meeting may proceed in the most transparent and effective manner under the circumstances. Meetings held electronically will be live streamed on a public platform, following the instructions of the clerk.
2.20 Holiday – Means any Statutory Holiday as prescribed in Provincial or Federal legislation.
2.21 Hours – Means consecutive hours, that follow each other, during the course of 24 hours in a seven-day period.
2.22 Local Board – Means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority.
2.23 Majority – Means “more than half”; meaning more than half of the votes cast by persons entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting. For example, if 5 votes are cast, a majority (more than 2 ½) is 3.
2.24 Mayor – Means the Head of Council and Chief Executive Officer of The Corporation of The Nation Municipality or the Acting Mayor in his/her absence.
2.25 Meeting – Means any regular, special or other meetings of a Council, of a local board or of a committee of either of them, where:
a quorum of members is present, and
members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council, local board or committee.
2.26 Member – Means a Member of The Council of The Nation Municipality.
2.27 Municipal Office – Means the Municipal office located at 958, route 500 Ouest / West Casselman, Ontario
2.28 Municipality – Means the Corporation of The Nation Municipality.
2.29 Notice of Motion – Means a written notice, including the names of the mover and seconder, advising Council that the motion described therein is to be brought at the next meeting of Council.
2.30 Personal Privilege – Means the raising of a question, which concerns a Member of Council, or the Council collectively, when a Member believes that their rights, immunities or integrity or the rights, immunities or integrity of the Council have been impugned.
2.31 Point of Information – Means a request directed to the Mayor or through the Mayor to another Member or to Members of Administration for information relevant to the business at hand, but not related to a point of procedure.
2.32 Point of Order – Means a matter that a Member considers to be a departure from or contravention of the rules, procedures or generally accepted practices of Council.
2.33 Position or opinion – Means something believed or accepted as true by a person.
2.34 Presiding Member – Means the Mayor or Acting Mayor or Chair of the meeting.
2.35 Question of Privilege – Means a matter that a Member considers to be a question to their integrity or the integrity of Council, which relates to the rights and privileges of the Assembly or any of its Members to be brought up for possible immediate consideration because of its urgency.
2.36 Quorum – Means a majority of Members of Council or Committee present at the meeting for business to be validly transacted.
2.37 Recess – Means a short intermission within a meeting for a fixed period which does not destroy the continuity of a meeting, after which time the proceedings are immediately resumed at a point where they were interrupted.
2.38 Recorded Vote – Means the recording of the name and vote of every Member voting on any matter or question.
2.39 Resolution – Means a formal determination made by the Council or a Committee based on a motion, duly placed before a regularly constituted meeting of the Council or a Committee for debate and decision, and duly passed.
2.40 Rule or Rules of Procedure – Means the rules and special rules and regulations as provided for within this Procedural By-law.
2.41 Special Committee – Means Special Committees of the Council of The Nation Municipality, where one or more Members of the Council participate, but not all Members of the Council, as well as the appointment of non-Members and who assemble to discuss a particular subject matter of interest to the Council.
2.42 Standing Committee – Means a committee constituted to perform a continuing function and remain in existence permanently or for the life of the Council that establishes them and are appointed by By-law or Resolution.
2.43 Two-Thirds Vote – Means that a motion of 2/3’s of Members present, and voting should be required and where the votes cast are in the Affirmative – meaning that the affirmative votes are at least twice the negative votes.
Article III – General Provisions
3.1 GENERAL
3.1.1 Meetings of Council shall be held at the Council Chambers located at 958 Route 500 West, Casselman, Ontario or electronically. Public notice of meetings shall be posted on the municipal website.
3.1.2 The 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.
3.1.3 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.
3.2 Suspension – Rules Regulations – applicable – two-thirds vote
The rules and regulations contained within this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business of all Council meetings and in Committees, provided that the rules and regulations contained herein may be suspended by two-thirds (2/3) vote of Members of the Council in any case for which provision is not made herein and shall not be debatable or amendable.
3.2.1 Suspension – Rules Regulations – not permissible – The suspension of rules and regulations shall not apply to a Notice of Motion.
3.3 Calculation – Two-thirds vote (2/3)
3.3.1 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative:
3.2 Parliamentary Authority
The governing legislation, the Procedural By-law, or any standing or special rules of order adopted by The Nation Municipality shall govern the procedures of Council. Where inconsistencies exist, the current edition of “Robert’s Rules of Order, latest edition” shall be the parliamentary authority, which governs the proceedings of The Nation Municipality.
3.3 Official Languages of Business
Any person participating in a meeting of the Council or Committee may address themselves in English or French after the Chair has recognized them.
3.4 Seating of Council Members – Chambers
3.4.1 The seating of elected Members of Council, at the Council table, shall be at the discretion of the Mayor. Consideration should be given to seating newly elected members next to experienced members.
3.4.2 A member of the Council can make a request for a seating change at any meeting for any duration period.
3.4.3 In the event of a vacant seat during a Council term, the Mayor shall have the deciding voice as to the seating arrangements.
3.5 Severability of By-law
3.7.1 If a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this By-law shall be severed from the balance of the By-law, which shall continue to operate in full force and effect.
Article IV – Meetings
4.1 Inaugural: time, place, and location
4.1.1 The Inaugural Meeting of a new Council after a regular election and after a by-election, shall be considered the Council’s first meeting and shall be held no later than 31 days after its term commences. Following a regular election, the Inaugural Meeting will be held in the Council Chambers of The Nation Municipality Municipal Office on November 15, commencing at 6:00 p.m. In the event November 15 is on a weekend or on a public or civic holiday, the meeting shall be held at the same hour on the next following day.
4.1.2 Inaugural Meeting – The Clerk shall be responsible for the content of the agenda of the Inaugural Meeting and the arrangements for the Inaugural Proceedings. The contents of the agenda shall be as follows:
4.1.3 Declaration of Office – At the first meeting of a new Council after a regular election and after a by-election, pursuant to Section 232(1) of The Municipal Act, 2001, a Member of Council shall not take a seat on the Council, until the person takes the Declaration of Office in the English or French version of the form established by the Minister for that purpose.
4.2 Regular Meetings
4.2.1 Regular meetings of the council shall be held on the second (2nd) and fourth (4th) Mondays of every month, at the time and place indicated on the agenda. With the exceptions of the month of January, where there will be one (1) regular meeting held on the last Monday of the month; the month of July, when there will be no regular meeting; the month of August where there will be one (1) regular meeting held on the second Monday of the month; and the month of December, where there will be one (1) regular meeting held on the second (2) Monday of the month.
4.3 Extenuating Circumstances
4.3.1 In the event of extenuating (emergency) circumstances, the date, place, and time of any meeting may be changed by the Mayor or by a majority vote of the Members of Council. Additionally, the Council may alter the date and/or time of a regular meeting by resolution, provided that adequate notice of the change is posted and published when possible.
4.4 Statutory Holidays
4.4.1 If a meeting is scheduled on a public or civic holiday, the Council shall meet at the same hour on the next following business day, which is not a public or civic holiday.
4.5 Notice – Public Meeting
4.5.1 Notice shall be given of all public meetings of the Council on the previous Agenda, detailing the order of business, immediately following the “Confirming Bylaw,” which will indicate the next meetings. The Public Notice of meetings shall be published on the municipal website the Wednesday before the meeting date, when practicable.
4.6 Special Meetings
4.6.1 Special Meeting– Mayor – In addition to Public Meetings, the Mayor, in consultation with the CAO and Clerk, may at any time summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting.
4.6.2 Special Meeting – Members of Council – Upon receipt of the petition of the majority of the Members of Council, the Clerk shall summon a Special meeting for the purpose and at the date and time mentioned in the petition.
4.6.3 Notice by Clerk – The Clerk shall give all Members notice of a Special Meeting of Council at least forty–eight (48) hours before the appointed time for such a meeting.
4.6.4 Delivery – Notice – Notice of the meeting shall be provided to Members of Council by electronic mail and attempt to contact the Members by telephone or as otherwise practical within the circumstances. In addition, notice of all Special Meetings of Council shall be posted on the Municipality’s website and posted on the information board in the main lobby of the municipal office not less than forty-eight (48) hours in advance of the time fixed for the meeting. Notice shall also be given to the local media by electronic mail.
4.6.5 Nature of Business – Notice – The written or verbal notice shall indicate the nature of the business to be considered, date, time and place of the Special Meeting.
4.6.6 No Other Business – No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting.
4.6.7 Special Meeting – Place – All Special Meetings of the Council shall be held in the Council Chambers, unless an alternative location is specified in the notice of meeting as provided for under section 4.4.
4.7 Emergency Meeting
4.7.1 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 their designate to notify the Members about the Meeting as soon as possible and in the most expedient manner available.
4.8 Location – Emergency Council Meetings
4.8.1 In the event of an emergency declared by the head of Council or any other Lead Agency, as identified in the “Emergency Management Act” within the confines of a declared emergency, where The Nation Municipality Municipal Office is not accessible, the Municipal Office may be relocated and Council Meetings may be held at any other convenient location, within or outside the geographical boundaries of the municipality, which is accessible to Members of Council and staff.
4.9 Open to Public – Council – Committees – exception
4.9.1 Meetings of the Council and its Standing Committees shall be open to the public except as provided for in Sections 4.11 of this Bylaw.
4.9.2 Meetings Open to Public – Record – All Council meetings open to the public shall be recorded electronically in the form of resolutions and minutes, without note or comment (see General Provisions) and kept for archival purposes.
4.10 Closed to Public – Closed Meeting
4.10.1 Except as provided in this section, all meetings shall be open to the public. (Municipal Act s.239(1)).
4.10.2 Exceptions – As provided for under all sub-sections of section 239 of the current Municipal Act, as amended.
4.11 Closed to Public – Resolution
4.11.1 Before holding a meeting or part of a meeting that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution.
4.12 Closed to Public – Leave of Meeting
4.12.1 Where a meeting or part of a meeting is closed to the public, all persons not specifically invited to remain by the Council shall take leave from the Council Chambers. When in closed session, no one shall leave or re-enter the meeting room without the approval of the Mayor or Committee Chair.
4.13 Closed Meeting – records
4.13.1 All meetings closed to the public shall be recorded without note or comment on all resolutions, decisions, and other proceedings. After the Roll Call and at each time that a member of Council or staff joins a virtual closed session meeting the Mayor will ask if any person has any restrictions to comply with the closed session meeting and the Clerk shall record and include this in the minutes.
4.14 Confidential Matters
4.14.1 Members are to ensure that confidential matters disclosed to them during meetings closed to the public are kept confidential. Any Member who contravenes the confidentiality clause may be subject, by majority vote of the Council, to penalties in accordance with ARTICLE X – Code of Ethics.
4.15 Cancellation – Rescheduling of Meetings
4.15.1 By Exception, the Council may, if the consequences support it, cancel a regularly scheduled meeting by submitting and endorsing a notice of motion to this effect at a preceding meeting of Council, or prior and further endorsing the Resolution by majority vote at the immediately subsequent meeting. Adequate notice of the change, when approved, shall be provided by posting a notice of cancellation on the Municipality’s Website as well as posting the notice on the main information board located in the lobby of the municipal office and providing notice to the local media.
4.16 Curfew – Meeting Adjourned
4.16.1 Meetings of the Council shall be adjourned at the hour of 23h00 (11:00 p.m.). Should Members of Council wish to continue dealing with business beyond the hour of 11:00 p.m., a motion of 2/3’s of Members present, and voting shall be required to suspend the rule and to continue the meeting.
4.17 Leave of Chambers
4.17.1 Members shall not leave their place within the Council Chambers until the Chair has declared the meeting adjourned.
4.18 Electronic Participation
4.18.1 Members shall participate electronically in a Meeting, which is open or closed to the public in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, or when the majority of Council or Committee members wish to meet electronically and that their agreement has been confirmed by Council or the Committee to the Clerk at least forty-eight (48) hours in advance of the time fixed for the meeting.
4.18.2 Any Member participating electronically shall be counted in determining whether a quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person.
4.18.3 The technology used shall enable electronic participation of Members in decision-making and ensure the meeting can be open to the public, for example, but not limited to, telephone, video or audio-conferencing.
4.18.4 At the conclusion of a meeting, any member of Council may request that the next regular meeting be held virtually. If the majority of Council members agree to this request, then the next meeting will be held solely in a virtual format, with no option for hybrid attendance. If the majority does not support the request, the member who proposed the virtual meeting will have the option to be absent from the next meeting.
4.19. COMMITTEE MEETINGS
4.19.1 Committees shall report to and shall be responsible to Council whether they are permanent, standing, temporary, special or ad hoc committees.
4.19.2 Committees will review policies or plans, formulate procedures and recommend plans of action to Council.
4.19.3 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.
Article V – Public Questions
5.Public Questions
5.1 Following the publishing of a public meeting agenda, members of the public may submit one question via our online submission form (available on the municipal website) or in writing to the Clerk (by email or mailed to the Municipality).
5.2 Questions received must abide by the following guidelines:
5.2.1 All questions must be related to an item on the agenda.
5.2.2 Questions must use appropriate and respectful language (foul, derogatory language will not be tolerated).
5.3 Questions will be read out loud and answered at the item the question pertains to during the council meeting.
5.4 In the event that an item is added to the agenda on the day of the meeting, questions pertaining to the added item will be permitted at the subsequent meeting.
5.5 Questions will be kept in accordance with our records management and retention by-law.
5.6 Council members are still available via different communication methods to answer resident questions should they arise.
5.7 Council encourages residents to discuss their matters of importance with members of Council if they so wish.
Article V – Roles
6. Roles
6.1 Council
6.1.1 It is the role of Council to:
6.1.2 Individual Authority – not provided – No individual Council Member may direct any Member of the Administration and/or staff to perform such duties not authorized by Resolution of the Council.
6.1.3 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 themselves individually to circumvent established Policies.
6.1.4 Information – by Staff – Members of Council – Members of Council may request information from Department Heads who have been assigned the responsibility of providing information, such as meeting times, copies of documents, information on standard operating procedures, etc.
6.1.5 Questions – Operational Concerns – Complaints – Council members may contact department heads directly with questions or issues surrounding operational concerns or complaints. The Chief Administrative Officer (CAO) shall be copied (cc’d) on all such communications to ensure proper coordination and oversight.
6.2 Head of Council as Chief Executive Officer
As chief executive officer of a municipality, the head of council shall
6.3 Head of Council – Mayor
It is the role of the Head of Council to:
6.4 Role of Municipal Administration
It is the role of the officers and employees of the municipality to:
6.5 Clerk
It is the role of the Clerk to:
6.6 Chief Administrative Officer
Article VII – Duties
7. Duties
7.1 Council
7.1.1 Preparation of Members to Council Meeting – It is the responsibility of every Member of Council to 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. Wherever possible, the Member(s) shall make inquiries from staff regarding materials supplied in advance of the meeting.
7.1.2 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.
7.1.3 Communication Protocol – For questions, operational concerns, and complaints, Council members should follow the protocol outlined in section 6.1.5 to ensure proper coordination and oversight.
7.2 Mayor and Committee Chair
7.2.1 Public 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.
7.2.2 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 determine the order of the speakers.
7.2.3 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.
7.2.4 Mayor may speak or vote – participation in debate – The Mayor or Committee Chair may speak and/or vote on any question, but if they wish to make a motion, they shall first leave the Chair by designating the Acting Mayor, who was chosen at the beginning of the term. If the Acting Mayor is absent, they shall designate another Member to act in their stead until the issue has been fully resolved, after which the Mayor may resume the Chair.
7.2.5 Debate – enforces rules – restrain Members – It shall be the duty of the Chair to restrain the Members, within the rules of procedure when engaged in debate.
7.2.6 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.
7.2.7 By-laws – resolutions – minutes – authentication – It shall be the duty of the Chair to authenticate, by his/her signature, when necessary, all By-laws
7.2.8 Point of Order – inform Members – It shall be the duty of the Chair to inform the Members on any point of order.
7.2.9 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.
7.3 Head of Council – Acting Mayor
7.3.1 Appointment – Act in place and stead of Head of Council – The Council shall, immediately following a new municipal election, during its Inaugural meeting, appoint by By-law, Member(s) of Council, to act in the place and stead of the Head of Council (recommendations from the Mayor) when the Head is absent from the Municipality, is absent through illness, or refuses to act. This appointment will be for a 2-year term to be re-evaluated for another recommendation by the Mayor after the 2-year period.
7.3.2 Duties – powers – authority – The Acting Mayor while performing the duties in the place of the Head of Council shall have all the duties, rights, powers and authority of the Head of Council during the absence, illness or refusal to act by the Head of Council.
7.4 Alternate Member (for Temporary Replacement, Member of Upper-tier Council)
7.4.1 Appointment – Act in place and stead of Mayor at the United Counties of Prescott and Russell (UCPR) Council meetings and committees – The Mayor shall recommend the alternate member for temporary replacement of the member of Upper-tier Council to act in the place and stead of the Mayor at the UCPR Council meetings and committees at the Mayor’s request when the Mayor is unable to attend for a period exceeding one month to be approved by Council by By-law. If the Mayor is unable to make the recommendation due to an illness, the Acting Mayor shall make the recommendation in the place of the Mayor.
Article VIII – Conduct During Meetings – Decorum
8. Decorum
The following rules of conduct and decorum shall always be adhered to during all meetings.
8.1 Council Floor – encroachment
No person, except for a Member of Council or an authorized employee of the Municipality shall be allowed to come to the Council floor within the Council’s seating area during a meeting of the Council, without the permission of the Mayor.
8.2 Distribution of information – handouts
No person except a Member of Council or an authorized employee of the Municipality shall before or during a meeting of the Council, place it on the desks of Members or otherwise distribute any material whatsoever. All material, without exception, shall be submitted to the Clerk for distribution to Members of Council, upon the approval of the Mayor.
8.3 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.
8.4 Members of Council – Municipal Staff
No Member shall speak disrespectfully, or shall they use offensive words in or against Members of the Council or any Member thereof including municipal employees.
8.5 Speaking – subject of debate only
No Member shall speak on any subject other than the subject currently being debated.
8.6 Criticize – decision – exception – reconsideration.
No Member shall criticize any decision of the Council except for the purpose of moving the question to be reconsidered.
8.7 Profane Remarks – expelled.
Any individual (Member of Council or other), making personal impertinent, slanderous and profane remarks, against a Member of Council, Administration or other, may be expelled from the meeting room by the Mayor/Chair.
8.7.1 – No individual shall complain to the Chair by using offensive or abusive language, and if the individual refuses to apologize, the individual will be ordered to vacate the room immediately.
8.8 Rules of Procedure – Disobey
No Member shall disobey the Rules of Procedure or a decision of the Mayor or of the Council on questions of order or practice or upon the interpretation of the Rules of Procedure.
8.9 Breach – seat vacated.
Where a Member has been called to order by the Mayor for failing to observe the provisions of the Rules of Procedure and the Member persists in any such disobedience after having been called to order by the Mayor, the Mayor may immediately put the question, no amendment, adjournment or debate being allowed, that such Member be ordered to leave his/her seat for the duration of the meeting of the Council. But if the Member apologizes, he/she may, by vote of the Council, be permitted to retake his/her seat.
8.10 Dress Code – Regular meeting Council
All Members of Council shall wear proper business attire (ties optional) or Official Nation Municipality Branded attire during Council meetings or official functions.
8.11 Members of the Public – Code of Conduct
Shall:
8.11.1 remain seated, except for the person who has been given permission to speak, through the Chair.
8.11.2 refrain from making noise or engaging in a conversation between one another.
8.11.3 listen to the person who is speaking and shall not interrupt said person.
8.11.4 respect the fact that no person shall address Council without having been recognized by the Chair.
8.11.5 Address questions and remarks to the Chair
8.11.6 Any Member of the public found to be disrespecting the code of conduct during a meeting shall be removed from the ongoing meeting.
8.12 Members of Committees of Council – Code of Conduct
Committee members are always to behave ethically and professionally and agree to adhere to the Code of Conduct for Members of Council in effect.
Article IX – Rules of Debate
9.Rules of Debate
9.1 Chair Preserve Order – The Mayor/Chair shall preserve order and decorum and decide questions of order subject to an appeal to The Council/Committee by any Member.
9.2 Addressing the Chair – Any Member before speaking on any motion shall indicate his/her desire to speak by the raised hand and shall not speak until recognized by the Chair.
9.3 Order of Speakers – When two or more Members wish to address the Chair, the Mayor shall recognize the Member, who in his/her opinion, was first recognized followed by the second Member.
9.4 Disturbance by Member – No Member shall disturb another Member, or the Council itself, by any disorderly behavior disconcerting to any Member speaking.
9.5 Offensive Words – No Member shall use offensive words during any meeting of Council or Committee meeting against any Member of Council or staff.
9.6 Voting – Members – seated – When the Chair calls for the vote on a motion, each Member shall occupy his/her seat and shall remain there until the Chair has declared the result of the vote, and during such time no Member shall walk across the room to speak to any other Member or make any noise or disturbance.
9.7 Speaking Interruption
When a Member is speaking, no Member shall pass between the speaker and the Chair or interrupt the speaker except to raise a question of privilege, appeal from the decision of the Chair, or raise a point of order.
9.8 Speaking – motion read upon request – Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking.
9.9 Speaking – Duration Time Limit – five (5) minutes – No Member shall speak to the same question or in reply for longer than five (5) minutes and no Member shall speak more than once to the main question without approval of the Council, except, in explanation of a material part of his speech which may have been misunderstood, but they may not introduce new matter. A right of reply shall be allowed to a Member who has made a substantive motion to Council.
9.10 Question – motion under discussion – A Member may concisely ask a question through the Chair only for the purpose of obtaining information relating to the motion under discussion.
9.11 Question Integrity of Staff – A Member, while asking questions through the Chair, shall at no time put into question the Municipal Employee’s personal or professional integrity.
9.12 Chair Participation – step down – other designated – If the Chair desires to leave the Chair for the purpose of debate or moving a motion, the Chair shall designate another Member to Chair the meeting until such time as the motion(s) and any subsidiary motion(s) applicable to the main motion are disposed.
9.13 Motion – seconded – before debate – All motions shall be seconded before they are debated or voted on.
9.14 Motion – stated by the Chair -After the Mayor/Chair puts any question, no Member shall speak to the question, nor shall any other motion be introduced until the result of the question has been declared, and the Chair has stated as to whether the question has been adopted or defeated.
Article X Code of Ethic
10.1 Closed Meetings – confidentiality – public interest
10.2 Obligation of Confidentiality
10.3 Personal opinions of Council Members
Article XI General Order of Business
11. Agenda
11.1 Agenda – content – The business of the Council shall be considered in the order set forth on the Agenda however, the Presiding Officer, with the approval of the majority of the Members of Council present, may vary the order in which the items are presented, prior to approval, to better deal with matters before the Council. See Schedule B.
11.2 Roll Call – The Clerk shall record and include in the minutes all Members of Council present or absent as well as Members of Administration who are present at all Council meetings.
11.3 Additions to Agenda – By exception, the Clerk, at the request or consent of the Mayor and/or CAO, may add business items to the published Agenda beyond the posted date, though this is not recommended. However, no additions shall be made past 4 PM on the Friday preceding the meeting.
11.4 Modifications to Agenda
Agendas shall be generally formatted in the following manner, however modifications to the business items to be included on the Agenda or the order of business may be temporarily modified without requiring an amendment to the Procedural By-law.
11.5 Adoption of the Agenda including amendments and/or additions
The Agenda, in its original presentation or its amended state, shall be approved by majority vote of Members of Council present and voting.
11.6 Disclosure of Pecuniary Interest
Members of Council shall disclose any possible conflict of interest, and its general nature dealing with any business item on the agenda or with a matter discussed at a previous meeting from which a Member was absent. The Member shall also file a written statement of pecuniary interest and its general nature with the Clerk or the secretary of the committee. (Conflict of Interest Act) (REFER TO ARTICLE XX)
11.7 Adoption of Council Minutes
The minutes of the preceding meeting shall be submitted to Council in order that any errors therein may be corrected by Council, and when adopted, such minutes shall be signed by the Mayor or Acting Mayor and the Clerk or Deputy Clerk. (REFER TO ARTICLE XII).
11.8 Presentations – Delegations – Petitions – Deadline
Schedule A1 and A2, forming part of this By-law provides the Template form detailing the way requests for Presentations/Delegations/Petitions shall be filed with The Municipality to have such matter included to the Agenda for Council’s review and/or debate.
11.8.1 Submission of Application
Every request submitted, shall be filed with the Clerk no later than 4:00 P.M. on the Thursday (7 days prior) of the week preceding the printing of the Agenda; shall be legibly written or printed; shall not contain any defamatory allegations, or impertinent or improper matter, shall be dated and signed by at least one person and shall include his/her name with appropriate contact information such as a current municipal and e-mail address and shall include any material that is to be distributed or displayed to the Council.
11.9 Consent Items (includes but not limited to – caption)
The following note shall be added on the Agenda for Consent Items: All items listed under the Consent Agenda will be enacted by one motion. A majority vote is required for the adoption of Consent Items. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion that a consent item is to be separated from the motion. The separated item(s) shall be considered immediately thereafter.
11.9.1 – Consent items included but not necessarily limited to are as follows:
11.9.2 Proclamations – Deadline
Schedule A4, forming part of this By-law provides the Template form detailing the way requests for Proclamations shall be filed with the Municipality in order to have such matter included to the Agenda for Council’s review and/or debate.
11.10 Reports from Departments and Council Committees
Reports shall be presented to Members of Council by Department Heads, at the request of the Mayor or the Chief Administrative Officer. Committee recommendations, except for the Committee of Adjustment, shall be brought to Council by the Chair following a Committee meeting, any resolutions and By-laws contained in the report shall be submitted to Council for adoption under the headings of “Resolutions and/or By-laws”.
11.11 Reports – with By-law
Any report requiring additional endorsement by By-law – the By-laws shall be separate from the report and listed under the Section dealing with By-laws.
11.12 Reports – Official Resolution
Any report requesting endorsement by Official Resolution – the Official Resolution shall be prepared and provided for approval under a separate document and added to the Resolution Section of the Agenda.
11.13 Reports from an Investigator or the Ombudsman
Reports, shall be presented to Members of Council by the Clerk. Any resolution and By-law contained in the report shall be submitted to Council for adoption under the headings of “Resolutions and/or By-laws”. Pursuant to subsection 239.2 (12) of the Municipal Act, a municipality or a local board is required to pass a resolution stating how it intends to address a report from an Investigator or from the Ombudsman.
11.14 Notices of Motions (Article XVI)
11.15 Resolutions (Article XVI)
11.16 By-laws (Article XVIII)
11.17 New Business Reports (Article XIX)
11.18 Other Business
Business presented by Council Members – Any other business brought forward by Members of Council shall be channeled through the Chair.
11.19 Public Consultations – Hearings
Public Meetings are to be held in accordance with The Planning Act, or other relevant legislation or By-law and followed by a question period as required.
11.20 Announcements
A round table is proposed by the Mayor allowing Members in attendance to announce activities or events in the municipality.
11.21 Strategic Discussion
Topics brought forward by administration for discussion.
11.22 Closed Session
Refer to Article IV “Meetings” at sections 4.11 to 4.15 for further details on the procedures of closed session meetings and note the time the meeting was adjourned.
11.22.1 Report out of Closed Session
Refer to Article IV “Meetings” at sections 4.11 to 4.15 for further details on the procedures of closed session meetings. Note the time at which the open session reconvened, report in public out of closed session about what transpired in closed session and record it in the open minutes.
11.23 Confirming By-law
At the conclusion of all Regular and Special Council Meetings and prior to adjournment, a By-law shall be brought forward to confirm the proceedings of the Council at that meeting in respect of each motion, resolution and other action taken. A Confirming By-law then introduced, shall be taken as read a first, second and third time and finally adopted without debate.
11.24 Next Meeting
The next regular public meeting of the Council shall be noted. At the meeting, the Mayor will ask Council members if there are any special requests to have the next meeting held by electronic participation. If there is, the Council will vote on the request and the Clerk will record and include this in the minutes and prepare the next Agenda and post it on the website.
11.25 Adjournment
When all business listed on the Agenda has been completed and disposed of, the Mayor may declare the meeting Adjourned until the next regular meeting, without motion.
11.26 Delivery of Agenda
The Clerk or her/his delegate shall prepare and make available by 4:30 p.m. on the Wednesday preceding a regularly scheduled Council Meeting (insofar as is practicable) an agenda package for Members of Council. The agenda packages shall be distributed by e-mail with a link to the Municipality’s website to all Members of Council and heads of departments.
11.27 Public availability
Where practicable, agenda packages are to be made available for public viewing by 4:30 p.m. on the Wednesday before each regularly scheduled meeting, at the Clerk’s office and on the Municipality’s website at www.nationmun.ca. Public notification shall be deemed to have been given by the posting of the Council Agenda on the Municipality’s website as noted above.
11.28 Delivery of Special Agenda
The Agenda package for a Special Meeting, where practicable, shall be sent to all Members of Council at least 48 hours prior to the scheduled meeting by e-mail with a link to the Municipality’s website.
11.29 Preparation of Special Agenda
For Special Meetings, called by the Mayor or by a petition of the majority of the Members of Council, the Agenda shall be prepared by the Clerk for the purpose stated by the Mayor or within the petition.
11.30 Preparation of Regular Agenda
For Regular Meetings, the Agenda shall be prepared by the Clerk and the subjects approved by at least two (2) of the following three (3) persons: Clerk/CAO/Mayor.
Article XII – Quorum
12. Quorum
12.1 Call to Order – Quorum Present
As soon after the hour fixed for holding the meeting of the Council, as there is a quorum present, the Chair shall call the Members to order.
12.2 Quorum
A majority of Members of the Council shall constitute a quorum.
12.3 Quorum – not present – time limit
If there is no quorum present within fifteen (15) minutes after the time fixed for holding the meeting of the Council, the Clerk shall call the roll and take down the names of the Members present, and the meeting shall stand adjourned until the next regular meeting, or at the call of the Chair.
12.4 Rescheduled Meeting
Where required, the Clerk shall attempt to provide notice of any rescheduled meeting to Members of Council by telephone, e-mail, or as is otherwise practical within the time available. The media and public at large shall also be notified as detailed within section 4.15.1
12.5 Unfinished Business – resume
All business listed on the Agenda, where the meeting has been adjourned for lack of a quorum, shall be added to the adjourned meeting, or to the next regularly scheduled meeting, whichever is first.
12.6 Mayor – absent
In the case of the Mayor not attending within fifteen (15) minutes after the hour fixed for holding the meeting of the Council, and provided that a quorum is present, the Acting Mayor shall take the Chair and call the Members to order; and he/she shall preside until the arrival of the Mayor.
12.7 Mayor – Acting Mayor – absent
In the absence of the Mayor and Acting Mayor, and if a quorum is present, the Clerk shall call the Members to order. A Chairperson shall be chosen from among the Members present, who shall preside over the meeting until the arrival of the Mayor or Acting Mayor.
12.8 Quorum – Municipal Conflict of Interest – remedy for lack
Where the number of Members who, by reason of the provisions of The Municipal Conflict of Interest Act, are disabled from participating in a meeting is such that at that meeting the remaining Members are not of sufficient number to constitute a quorum, then, despite any other General or Special Act, the remaining number of Members shall be deemed to constitute a quorum, provided such number is not less than two (2).
Article XIII – Minutes
13. Minutes
13.1 Contents – recorded by Clerk.
The Clerk shall prepare and cause the minutes to be taken of each meeting of Council, which shall include:
13.2 Included in Agenda – Minutes of the last regular meeting(s) of Council and of all Special Council Meetings held after the last regular meeting, shall be included in the agenda and may be adopted by Council without having been read at the meeting at which the question of their adoption is considered.
13.2.1 Minutes – Special meetings – Should a special meeting be held during or after final preparations of an agenda for an upcoming regular meeting, the minutes of those special meetings shall be scheduled at the next regularly scheduled meeting.
13.3 Adoption – without reading – The Council may adopt the Council minutes without being read.
13.4 Closed Meeting – minutes – adoption – All minutes generated by a meeting closed to the public shall be presented to Council Members for adoption at the next scheduled meeting closed to the public.
13.5 Minutes – confirmation – signing – When the minutes have been adopted, the Mayor, or Elected Official who presided over the meeting, and the Clerk or designate who recorded the minutes of the meeting shall sign them, and in their absence, the Acting Mayor and/or Clerk’s designate.
Article XIV Presentations – Delegations – Petitions
14. Requests
14.1 Heard – request submitted – deadline.
Persons wanting to address Council for making a Presentation or Delegation/Petition with respect to items for Council consideration that fall under the Council’s mandate shall be heard during a Regular meeting.
14.1.1 Form submission and deadline – Individuals wishing to submit a request shall complete a Delegation/Petition Form (Schedule A1) (or) Presentation Form (Schedule A2) and return the form, with supporting documentation to the Clerk, no later than 4:00 p.m. on the Thursday (7 days prior) preceding the preparation and distribution of the printed Agenda for the next Regular Meeting of Council.
14.1.2 Late submissions – All requests received after the deadline date of 4:00 p.m. on Thursday as provided for in Article 14.1.1 above or if the agenda is deemed full, the request shall be considered at the next scheduled Regular meeting.
14.1.3 Requests Denied – Requests for Delegation, who have previously addressed Council on a topic already dealt with, shall not be granted, unless they can prove that they have new information not previously presented to Council.
14.2 Presentations defined – A request made for a presentation may be made by the Council to an individual, group or organization or it may be made to the Council by individuals, groups or organizations for matters that fall under the Council’s mandate. Should the request for presentation be made where it requires that the Council act, the request shall be made under “Delegations”.
14.2.1 Presentations – time limit – Council shall hear any presentation for information purposes only, and presentations shall be limited to a maximum of ten (10) minutes.
14.3 Delegations defined – A request made for a delegation may be made to the Council by individuals, groups or organizations for matters that fall under the Council’s mandate. Delegations that request action to be taken by the Council shall be referred to the Administration, by majority vote, for a report that shall be dealt with at an ensuing Council meeting.
14.3.1 Delegations or Petitions – time limit – Council shall hear Delegations for information purposes only, and the delegation shall be limited to a maximum of ten (10) minutes.
14.4 Delegations – previously heard by – Planning Advisory Committee (if in place)
A request made for a delegation regarding any aspect of an Official Plan Amendment, Zoning By-law Amendment or Plans of Subdivisions or Condominiums will not be accepted between the conclusion of a public meeting that was conducted in accordance with the Planning Act and final reading of the By-law.
14.5 Delegation/Presentation – deemed – inappropriate for Council – If it is deemed inappropriate for a delegation or presentation to address the Council, the Clerk shall notify the individuals making the request and provide the Council with a supporting explanation. This written explanation shall be delivered to the Council via its regular correspondence. If a Council member wishes to hear the delegation/presentation, they shall request it via Section xx – Council Member Items. The delegation/presentation may then be invited to present at the following regular Council meeting, provided that a majority of the Council approves the request.
14.6 Delegation/Presentation statements – unsubstantiated – Whenever a delegation/presentation in its presentation, offers comments or statements that are deemed to be erroneous and unsubstantiated, any Member of Council, or Municipal official, may be recognized by the Chair on a “Point of Order” whereby the Member of Council or city official so recognized by the Chair, may bring necessary corrections or clarifications to the comments or statement said by the individual(s).
14.7 Delegation/Presentation – During Election Campaign – A request made for a delegation or presentation from a registered candidate will not be accepted during a municipal election campaign period.
Article XV Motions in General
15. Motions in General
All motions and resolutions shall be in writing and signed by the mover and seconder and given to the Clerk.
15.1 One motion at a time – There shall not be more than one main motion before the Council at one time.
15.2 Motions Read – Every motion introduced and duly seconded shall be received and read by the Chair, except as provided for by the Rules of Procedure.
15.2.1 Debate on Motion – Mover speaks first – No Member shall speak on any motion until it has first been read. The mover of the motion, once recognized by the Chair, may speak first and/or last if the Member so wishes.
15.3 State the Question – Immediately prior to voting on a motion, the Chair shall state the question in its precise form as it is to be recorded in the minutes, including any amendments (if any) to the question.
15.4 Withdrawal of the Motion – Before the Chair states the motion, it belongs to the mover of the motion, and he/she may ask to withdraw or modify the motion without the permission of the assembly. The Chair shall either repeat the motion in its modified version or state that the motion has been withdrawn.
15.4.1 Withdraw the motion – in order anytime during debate – After debate has begun on a motion, a request by the mover to withdraw the motion may be in order. However, permission by the Assembly must be given to do so.
15.4.2 Objection to withdrawal – If any Member objects to the withdrawal of the motion, a motion to maintain the question may be entertained and become a main motion.
15.4.3 No objection to withdrawal – If no Member objects to the withdrawal of the motion, the motion shall be considered withdrawn without the necessity of either a seconder or a vote.
15.4.4 Modification to Motion – prior to stating the question – Prior to the Chair stating the motion, another Member may ask the Chair if the mover of the motion will accept a change to the motion. The mover may either accept or reject the proposed change. If the mover rejects the proposed change, the Member suggesting the change, may propose an amendment after the motion has been read by the Chair.
15.4.5 Second withdraws – If the person who seconds the motion withdraws as second from the modified form, the Chair may ask for another second.
15.4.6 Recording of withdrawal – A withdrawn motion need not be recorded in the minutes unless the motion has been carried over as unfinished business from a previous meeting.
15.5 Reading of the motion – Any Member, during debate, may require that the question under discussion be read a second time, however the Member may not interrupt another Member speaking.
Article XVI Motions – Consideration – Interpretation
16. Point of Order
16.1 Point of Order – rules of Procedure – breached – A point of order may be called by a Member to bring attention to any breach of the Rules of Procedure of the Council.
16.1.1 Language – improper offensive – A point of order may be called by a Member to bring attention to the use of improper offensive or abusive language.
16.1.2 Discussion – not valid – outside proposed motion – A point of order may be called by a Member to bring notice of the fact that the matter under discussion is not within the scope of the proposed motion.
16.1.3 Proceedings – other – informality – irregularity – A point of order may be called by a Member to bring attention to any other informality or irregularity in the proceedings of the Council.
16.1.4 Member – rises – decision announced – When a Member rises on a point of order, the Chair shall recognize the Member and address the point of order. No further business shall be conducted until the Chair has ruled on the point of order.
16.2 Point of Information – Where a Member is uncertain of a particular issue being discussed, the Member may ask the Chair to clarify, or if the Chair is unsure of the answer, may direct the question to another Member. All requests for information shall be on the business pending or on a parliamentary situation.
16.3 Question of Privilege – integrity of Member – Where a Member considers that the integrity of a Member of Council (or Council as a whole) has been called into question, the Member may, as a matter of privilege, rise at any time, with the consent of the Chair, no debate being allowed, for the purpose of drawing the attention of the Council to the question.
16.3.1 Motion – receives disposition – main motion – A motion resulting from a question of privilege shall receive disposition by the Council forthwith, and following such disposition, the motion so interrupted shall immediately be considered at the point where it was suspended.
16.4 Appeal – Motion to – A motion to appeal the decision of the Chair shall be made only at the time the ruling is made by the Chair. If any debate or business has intervened, it is too late to appeal. Must be seconded.
16.5 Postpone Indefinitely – Motion to – A motion to postpone indefinitely may be introduced when an embarrassing main motion has been brought before the assembly and the assembly does not want to deal with it. At this point, a Member can propose to dispose of the question, without bringing a direct vote to the matter. A motion to postpone indefinitely may only be introduced, immediately after the embarrassing main motion has been made and before debate has begun, after which it is too late to bring this motion forward.
16.6 Amend – Motion to – A motion to Amend is a proposal to alter the information contained within the Main Motion, by changing its wording.
16.6.1 Debatable or un-debatable – A motion to amend is debatable unless the motion to which it adheres to is un-debatable.
16.6.2 Written – when requested – A motion to amend shall be presented in writing when requested by the Chair.
16.6.3 Relevant – Germane to Main Motion – A motion to amend shall be germane to the main motion.
16.6.4 Contrary to main motion – A motion to amend shall not be in order if it is contrary to the main motion.
16.6.5 Amended – Primary – Secondary – A main motion may have a Primary and Secondary amendment applied to it.
16.6.6 Amendment – disposition – A Secondary motion to Amend the Primary motion to amend shall receive the disposition of the Council, before dealing with the main motion in its amended form or not.
16.7 Commit or Refer – Motion to – A motion to Commit or Refer may be introduced to send a pending question to a relatively small group of selected persons – a committee – so that the question may be carefully investigated and put into better condition for the assembly to consider.
16.7.1 Debate on Motion to Commit or Refer – The debate can extend only to the desirability of committing the main question and to the appropriate details of the motion to commit, not to the merits of the main questions.
16.8 Postpone to a Certain Time – Definitely (motion to Defer) – The motion to Postpone is the motion by which action on a pending question can be put off, within limits, to a definite day, meeting, or hour, or until after a certain event. A motion to postpone is applied to a question either so that it may be considered at a more convenient time, or because debate has shown reasons for holding off a decision until later.
16.9 Call the Question – Put – Previous Question – Motion to – The motion to call the previous question is used to bring the assembly to an immediate vote on one or more pending questions. This motion requires a mover and seconder and requires 2/3’s of the assembly for its adoption. This motion immediately closes the debate on and stops amendments to the immediately pending question and such other pending motions as the motion may specify.
16.10 Lay on the Table – Motion to – The motion to Lay on the Table is used to interrupt the pending business so as to permit doing something else immediately. It enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen or when something else needs to be addressed before consideration of the pending question is resumed.
16.11 Take from the Table – Motion to – After a question has been Laid on the Table it can be taken from the table by a majority vote, as soon as the interrupting business is disposed of and whenever no question is pending. Any Member can move to take a question from the table.
16.12 Recess – Motion to – A motion to recess is made when a Member (s) wishes to have a short intermission of the assembly’s proceedings, commonly of only a few minutes. A recess does not close or adjourn the meeting. Once the recess is completed, business resumes at exactly the point where it was interrupted.
16.13 Adjourn – Motion to – The motion to adjourn means to close the meeting.
16.14 Reconsideration – Motion to – The motion to reconsider enables the majority of Council, within a limited time and without notice, to bring back for further consideration a motion that has already been voted on. The purpose of reconsidering a vote is to permit correction of a hasty decision, or to consider added information or changed situation that has developed since the taking of the vote.
16.14.1 When can Reconsideration be moved – A motion to reconsider has time limits and can only be made on the same day and in the same meeting the vote to be reconsidered was taken. The motion to reconsider can be debated. Time limits on a motion do not apply to Standing or Special Committees.
16.14.2 Member – move to reconsider – A motion to reconsider can only be made by a Member who voted on the prevailing side or a Member who did not vote.
16.14.3 Reconsider Adopted – If a motion to reconsider has been adopted, it temporarily nullifies the previous decision and places the meeting back at the point prior to taking the vote on the original motion, and consideration of the original matter shall become the next order of business.
16.14.4 Discussion on Motion of Reconsideration – There shall be no discussion on the main question permitted until the motion for reconsideration is adopted.
16.14.5 Reconsideration only once – No motion or report shall be reconsidered more than once at any meeting.
16.14.6 Reconsideration – not permissible – A motion to reconsider a motion shall be out of order under the following conditions:
16.15 Amend Something Previously Adopted or Rescind – A motion to reconsider any matter already disposed of by the current Council at a previous meeting, shall require a motion to Amend Something Previously Adopted or a motion to Rescind, provided by Notice at one meeting to be dealt with at the following meeting. With notice, this motion requires majority vote. Without notice, this motion requires 2/3’s of the Members of Council, present and voting.
16.16 Notice of Motion
A Notice of Motion may be introduced by a Member at a meeting regarding a matter that would not otherwise be considered by Council at such meeting, by delivering a written copy of the motion, signed by the mover and seconder to the Clerk, who shall read it during the segment on the Agenda reserved for Notices of Motion.
16.16.1 Notice of Motion – Consideration – Notice of Motion, of which notice was given, shall be considered at the Council’s next meeting.
16.16.2 Notice of Motion – no debate – Notice of Motions introduced at a public meeting of Council shall not be debated and shall be recorded on the next meeting of Council under Resolution.
16.16.4 Consideration – Mover absent – A Notice of Motion shall not be considered or otherwise disposed of by the council unless the mover of the motion is in attendance at the meeting where the Notice is being considered.
16.16.5 Seconded – by any Member – seconder not present – Any Member may agree to second a notice of motion if the originating seconder is absent from the meeting when the notice of motion is called for by the Chair.
16.16.6 Notice – delivered – time – A Notice of Motion may be delivered to the clerk no later than 12:00 p.m. (noon) on the Monday preceding the date of the next regular meeting to be included to the final agenda, at which time the motion is to be introduced, or be read during the Notice of Motion Segment of the Agenda of a regularly scheduled meeting of the Council.
Article XVII Resolutions
17. Resolutions
17.1 Resolutions – Notice of Motions – Debated Separately – Every matter listed under a Resolution or Notice of Motions introduced at a previous meeting shall be dealt with individually.
17.2 Notice – received by Clerk – included in Agenda – Notice of Motions introduced at a public meeting of Council shall not be debated and shall be recorded on the next regular meeting of Council under the heading “Resolutions”.
17.3 Consideration – disposal – deferred to other meeting – A Notice of Motion shall not be considered or otherwise disposed of by the Council unless the mover of the motion is in attendance at the meeting. Any Member may second the motion.
17.4 Notice – delivered – Notice of Motions may be delivered to the Clerk no later than 12:00 p.m. (Noon on the Monday preceding the date of the next regular meeting, to be included in the final printing of the Agenda, at which time the motion is to be introduced, or be read at the end of a regularly scheduled meeting of the Council.
Article XVIII Voting
18. Voting
18.1 Motion – simple majority – required – exception – The vote required to pass a motion shall be a simple majority which is 50% plus 1 with the exception as otherwise provided for within this By-law, by Statute or by your Parliamentary Authority of “Robert’s Rules of Order, newly revised”.
18.2 Absent from Seat – When the Chair calls for the vote on any question, each Member shall occupy their seat until such time as the result of the vote has been declared, and during such time, no Member shall walk across the room, speak to any other Member, or make any noise or disturbance. A Member who is absent from his/her seat does not have the right to vote.
18.3 Tie Vote – motion deemed negative – In the case where a resolution on which the voting results are equal, the motion shall be deemed defeated or lost for want of a majority.
18.4 Refusal to vote – deemed negative – Refusal to vote by a Member not disqualified, shall be deemed a negative vote.
18.5 Un-recorded vote – The manner of determining the decision of the Council on a vote to a motion, shall be at the discretion of the Chair and may be by voice vote, by show of hands, by standing or otherwise.
18.6 Recorded Vote – Request – Any Member, prior to or immediately after the taking of the vote, may require that the vote be recorded. Recorded votes are recorded within the minutes.
18.7 Vote Taken – Unanimous – When an un-recorded vote has been taken, and the vote has been adopted, the vote is deemed to be unanimously in favor of the question approved.
18.8 Secret Ballot – forbidden – No vote shall be taken during a meeting of the Council by secret ballot or other form of secret vote.
18.9 Division of a Question
18.9.1 Independent Motion – Separate Vote – When a motion relating to a single subject contains several parts, each of which can stand as a complete proposition if the others are removed, the parts can be separated to be considered and voted on as if they were distinct questions – by adoption of the motion for “Division of a Question” (or divide the question).
18.9.2 Motions to Divide – A motion made by a single Member may be made to request that the motion be separated when a series of independent resolutions or main motions dealing with different subjects, is offered in one motion and where one more resolution must receive separate consideration.
18.9.2.1 – Upon a majority vote, the vote on each recommendation or proposition shall be taken separately and no vote shall be required to be taken on the matter.
18.10 Disputed Vote – Should a Member disagree with the announcement of the Mayor that a question is carried or defeated, the Member may, but only immediately after the declaration of the vote by the Mayor, object to the Mayor’s decision and may request a recorded vote be taken.
18.11 Mayor (Chair) need not vote: The Mayor (Chair) may participate in any vote, but he/she must vote when the vote is recorded.
Article XIX By-Laws
19. By-Laws
19.1 Description – number of readings – listed on Agenda – All By-laws, together with a brief description and the notation of the number of readings required, shall be listed on the agenda for the meeting at which they are to be read.
19.2 Form – typewritten compliance – relevant Act – Every By-law when introduced shall be in typewritten form and shall comply with the provisions of any relevant Act.
19.3 Reading– By-laws – It shall not be necessary to have the By-laws read in their entirety unless a majority vote by the Council requires that the By-laws be read, or a particular By-law be read.
19.4 Debate– By-laws – Third Reading – Any By-law may be debated at the Third Reading and is subject to amendments or referred for future consideration and re-introduced in the same manner or in an amended matter at a future meeting within a three-month period.
19.5 By-law adoption – one motion – One motion shall be to give all By-laws first, second and third readings. If a Member of Council has a question about a particular By-law, he/she may move that Council exempt a particular By-law from the main motion to allow for further debate. After all By-laws have passed, the Clerk shall be responsible for their correctness to ensure they reflect the will of the Council.
19.6 Endorsement and enactment – By-laws – The Clerk shall indicate on all By-laws enacted by the Council, the dates of all readings and shall include the consecutive number and annual date. All By-laws shall be maintained and kept by the office of the Clerk for archival purposes.
Article XX New Business
20. New Business
20 New Business – routine nature
Any item of business that is of a routine nature that has been introduced to Members of Council requiring a formal resolution that was not previously placed on the Agenda shall be considered as a New Business Motion.
20.2 New Business – in writing – mover and seconder – filed – All New Business motions shall be introduced in writing, with a mover and seconder and filed with the Clerk.
20.3 New Business – filing time – inclusion on agenda – New Business motions, submitted by a Member of Council, that are filed prior to noon on the Monday preceding a regular meeting shall be included in the printing of the Agenda.
20.4 New Business – voted on individually – All New Business motions shall be voted on individually.
20.5 New Business – Non-routine – Notice of Motion – New Business motions that are not of a routine matter, shall be received and read by the Clerk as a “Notice of Motion” and re-introduced at the next regularly scheduled meeting of Council under Resolution for Council discussion, such as but not limited to expenditures, changes in policy etc.
20.6 New Business – introduced – regular meeting – Motions of a new business nature may be filed with the Clerk during the regular meeting of Council and shall be read during the New Business Section of the Agenda. The mover of the motion shall provide copies of the proposed New Business motion to the Clerk and all Members of Council prior to the meeting at which the motion is being introduced.
20.7 Matters not under council authority – Any matter not considered to be matters under the Municipal Council’s authority, after consultation with the Mayor, Chief Administrative Officer, and Municipal Clerk, shall not be accepted.
Article XXI Disclosure of Interest
21. Disclosure
21.1 Conflict of Interest – At all times and under all circumstances, Members shall be guided by and shall have regard to the Municipal Conflict of Interest Act.
21.2 Declaration of Interest – Where a Member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting at which the matter is the subject of consideration, the Member:
21.2.1 Closed Meeting Declaration – When a meeting is not opened to the public, in addition to complying with the requirements of Section 21.2 above, the Member shall forthwith leave the meeting for the part of the meeting during which the matter is under consideration.
21.3 Pecuniary Interest When Absent – Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular meeting, the Member shall disclose the interest and otherwise comply with the requirements of Section 21.2 at the first meeting of the Committee or Local Board as the case may be, attended by the Member after the particular meeting.
21.4 Written Statement re Disclosure and Influence
21.4.1 Written Statement re disclosure – At a meeting at which a Member discloses a pecuniary interest, or as soon as possible afterwards, the Member shall file a written statement of the interest and its general nature with the Clerk of the Municipality or the Secretary of the Committee or Local Board, as the case may be; and
21.4.2 Influence
Where a Member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter that is being considered by an officer or employee of the Municipality or Local Board, or by a person or body to which the Municipality or Committee or Local Board has delegated a power or duty, the Member shall not use his or her office in any way to attempt to influence any decision or recommendation that results from consideration of the matter.
21.5 Record of Disclosure
Every declaration of interest and the general nature thereof shall be recorded in the minutes of the meeting by the Clerk of the Municipality or Secretary of the Committee or Local Board, as the case may be.
Every declaration of interest made, but not the general nature of that interest, shall, where the meeting is not open to the public, be recorded in the minutes of the next meeting that is open to the public.
21.6 Registry
21.6.1 Requirement to Establish Registry – Every Municipality and Local Board shall establish and maintain a registry in which shall be kept:
21.6.2 Access to Registry – The registry shall be available for public inspection in the manner and during the time that the Municipality or Local Board may determine.
21.7 Failure by any Member of Council to comply with – The failure of one or more Members to comply with the declaration shall not affect the validity of the meeting regarding the said matter.
Article XXII Committees
22. Committees
22.1 Procedure – Except as otherwise provided herein, a Committee of Council shall conform to the rules governing protocol and procedures as detailed within this Procedural By-law.
22.2 Committee – Committee means a Standing, Statutory, Sub-Committee or Ad Hoc Committee established by Council.
22.3 Ad Hoc Committee of Council – The Council may, at any time, appoint an Advisory or Ad Hoc Committee to enquire into and report on any matter specific to one subject matter and that does not have a continuous nature. It is a Committee established for the purpose of dealing with a special project with a clear mandate and a start and finish date.
22.4 Standing Committee – A Standing Committee is an advisory body to the Council to consider policy matters regarding Administration, Finance, Planning, Environmental, Public Works, Parks Recreation, Police and Fire Services and on any other matter that Council deems it necessary.
22.4.1 Sub-Committee – A Sub-Committee means a Committee established by a Standing Committee with a clear mandate that has a beginning and end and reports directly to the creating Standing Committee.
22.5 Statutory Committee – A Statutory Committee means committees established pursuant to a specific enabling statute such as a Committee of Adjustment established pursuant to the Planning Act, a Property Standards Committee established pursuant to the Building Code Act, a Municipal Election Compliance Audit Committee established pursuant to the Municipal Elections Act and any other body established pursuant to enabling legislation which services in an arms-length (quasi-judicial) capacity on behalf of or in cooperation with the municipality.
Article XXIII General Provisions – Council and Committees of Council
23. General Provisions
23.1 Recording Equipment – Audio and video recording equipment may be used by staff, the public and the media to record all or any portions of a meeting that is open to the public, provided that it is not disruptive to the conduct of the meeting. The location and use of such recording equipment shall be at the discretion of the Clerk of The Nation Municipality.
23.2 General Notice Requirements – The Corporation of the Nation Municipality will provide notice of Council Meetings, Committee Meetings, Budget Meetings, financial statements, committee schedules, and changes to the Rules of Procedure by posting such notices via The Municipality’s website at www.Nationmun.ca
23.2.1 Notices on social media – Upon the Municipalities’ participation in social media such as Facebook, Twitter etc., notices of meetings may also be posted thereon.
23.3 Execution of Documents – Whenever the execution of any document, endorsed by Council is required, to give effect to any Resolution or By-law of the municipality, duly endorsed by motion of Council, the Mayor and Clerk shall have general authority for and in the name of the municipality to execute and to affix the Corporate Seal of the Municipality to such documents.
Article XXIV Repeal – Enactment
24.1 By-laws – previous – That By-law 19-2024 known as The Nation Municipality’s Procedural By-law, previously approved on March 18, 2024, is hereby repealed.
24.2 Amendment or repeal – No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of the Council, unless notice of the proposed amendment or repeal has been given at a Regular Meeting of the Council with a vote of approval of two-thirds vote of Members of Council, present and eligible to vote.
24.3 Effective date
This By-law shall come into full force and effect upon final reading thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF JUNE 2024.
SCHEDULE B
Agenda Template:
CORPORATION OF THE NATION MUNICIPALITY
BY-LAW No. 63-2023
BEING a By-law for the imposition of Development Charges.
WHEREAS the Nation Municipality has and will continue to experience growth through development;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth related demands for, or burden on, Municipal Services do not place an undue financial burden on the Municipality or its taxpayers;
AND WHEREAS The Development Charges Act, 1997 (the “Act”) provides that the Council of a municipality may by By-law, impose Development Charges against land to pay for increased capital costs required because of increased needs for Services;
AND WHEREAS a Development Charges background study has been completed in accordance with the Act;
AND WHEREAS Council has before it a report entitled Development Charges Background Study, Draft Report prepared by ZanderPlan Inc dated June 9, 2022;
AND WHEREAS the Council of the Corporation of The Nation Municipality has given notice and held a public meeting and open house on October 3rd, 2022 in accordance with the Act and regulations thereto;
NOW THEREFORE the Council of the Corporation of The Nation Municipality enacts as follows:
1. That, where lawfully permitted by the Act, the Development Charges established by this By-law are hereby imposed on all classes of residential and non-residential property as hereinafter set forth on Schedule “A” attached to and forming part of this By-law.
2. That this By-law applies to all lands in The Nation Municipality whether or not the land or use thereof is exempt from taxation under Section 13 of the Assessment Act. Notwithstanding the preceding, this By-law shall not apply to lands that are owned by and used for the purposes of:
3. That the Development Charges are established as per Schedule “A” per single detached dwelling unit, semi-detached or duplex dwelling unit, row house or townhouse dwelling unit, apartment or other multiple dwelling unit.
4. Notwithstanding Section 3 of this By-law and in accordance with the statutory exemptions set out in the Act, Development Charges shall not be imposed with respect to:
5. For the purposes of demolitions or loss of property, this By-law shall not apply to development where, by comparison with the land at any time within 24 months previous to the imposition of the charge:
The exemption from the charge is applicable only to the registered owner(s) on title of the subject property at the time of the event (non-transferable).
6. That notwithstanding Section 4), bullet two, of this By-law, Development Charges shall be imposed if the total gross floor area of the additional unit(s) exceeds the gross floor area of the existing dwelling unit.
7. That notwithstanding Section 4, bullet three, of this By-law, Development Charges shall be imposed if the additional unit has a gross floor area greater than:
8. That the Development Charge is established at $2 per square foot for non-residential development, starting on January 1st 2024.
9. That notwithstanding Section 8 of this By-law and in accordance with the statutory exemptions set out in the Act, no Development Charge is payable for an enlargement of the gross floor area of an existing industrial building where the gross floor area is enlarged by 50 percent or less.
10. That, if the gross floor area of an existing industrial building is enlarged by greater than 50 percent, the amount of the Development Charge payable in respect of the enlargement is the amount per square foot as set out in Section 8), for each square foot in excess of 50 percent of the existing industrial building.
11. That for the purpose of Sections 9) and 10) herein, “existing industrial building” is used as defined in the Regulation made pursuant to the Act.
12. That the categories for services for which Development Charges are imposed under this By-law are as follows:
13. That notwithstanding the provisions of Section 1) of this By-law, every place of worship and land used in connection therewith, and every churchyard, cemetery or burying ground are wholly exempted from the Development Charges imposed pursuant to this By-law.
14. That the Development Charges imposed by this By-law shall be calculated and be payable in money or by provision of services as may be agreed upon, or by credit granted by the Act, on the date that a building permit is issued in relation to a building or structure on land to which the Development Charge applies, or in a manner or at a time otherwise lawfully agreed upon.
15. That the terms “single detached dwelling”, “semi-detached dwelling”, “duplex dwelling”, “row house dwelling”, “townhouse dwelling” “apartment dwelling” and “multiple attached dwelling” have the meanings assigned to them in the Comprehensive Zoning By-law of the Corporation of The Nation Municipality.
16. That Council may adjust the Development Charges in this By-law one or two times annually in accordance with the “Construction Price Statistics” (Ontario Series) as published by Statistics Canada quarterly (Catalogue No. 62-007) pursuant to paragraph 10 of subsection 5(1) of the Development Charges Act, and Section 7 of Ontario Regulation 82/98. Such adjustment to a Development Charge shall not require an amendment to this By-law.
17. This By-law repeals By-law No. 93-2015 and By-law No. 8-2016, and all amendments thereto.
18. This By-law shall come into force and take effect on the 3rd day of April, 2023.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 3rd DAY OF APRIL, 2023.
Schedule ACORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO. 83-2024
BEING a By-Law to establish fees for certain licences, permits, certificates and various services provided or done by or on the municipality’s behalf.
WHEREAS Section 8 of The Municipal Act, S.O. 2001, c.25, as amended states that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable to the municipality to govern its affairs as it considers appropriate;
AND WHEREAS Section 9 of The Municipal Act, S.O. 2001, c.25, as amended states that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 11 of The Municipal Act, S.O. 2001, c.25, as amended states that a lower-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public
AND WHEREAS, Part XII, Section 391 (1) of the Municipal Act, 2001 as amended, provides for municipalities to pass by-laws imposing fees and charges on any class of persons,
a) for services or activities provided or done by or on its behalf;
b) for costs payable by it for services or activities provided by or done by or on behalf of any other municipality or local board;
c) for the use of property including property under its control.
AND WHEREAS, Section 69, (1), (2), (3) of the Planning Act, R.S.O. 1990 as amended, provides for municipalities to establish a tariff of fees for the processing of applications made in respect of planning matters.
AND WHEREAS, Section 42(1) of the Planning Act, R.S.O. 1990 as amended states that as a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes.
AND WHEREAS, it is necessary where authorities exist or where new authorities are granted to periodically add or revise user fees as administrative and enforcement standard operating procedures are modified or enhanced; and
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of The Nation Municipality enacts as follows:
DEFINITIONS:
“By-Law” includes a resolution for the purpose of a local board.
“Local Board” includes any prescribed body performing a public function and a school board but, for the purpose of passing by-laws imposing fees and charges under Part XII of the Municipal Act, 2001, does not include a school board or hospital board.
“Person” includes a municipality and a local board and the Crown.
“Municipality” means the Corporation of The Nation Municipality.
1) That fees and charges be imposed for certain services and activities as shown in the attached Schedule “A” attached to and forming part of this By-Law.
2) The fees and charges may be invoiced to the person and shall be payable within 30 days of the date of the invoice. Interest at the rate of 1.25% per month shall be charged after the due date. The fees and charges imposed by the municipality on a person constitute a debt of the person to the municipality.
3) The fees and charges as established in Schedule A are subject to the Harmonized Sales Tax (HST) where applicable.
4) The fees and charges, listed on Schedule A of this by-law, can be paid by debit (where available), cash, certified cheque, or cheque.
5) The Treasurer is empowered to add any overdue fees and charges imposed by the municipality to the tax roll for any real property of the person responsible for paying the fees and charges and these shall be collected in like manner as municipal taxes.
6) Interest penalties for unpaid amounts owing for fees and charges will be charged at a rate of 1.25% per month for each month or fraction thereof in which the default continues.
7) All fees and charges contained within Schedule A of this By-law will be reviewed from time to time.
8) In the event of a conflict between a fee or charge or policy contained in this by-law and another By-law or any other Act or regulation made under any other Act, the provisions of this by-law shall prevail.
9) That By-Law No. 88-2023 be hereby repealed.
10) That the charge of $450 for a 16 mm x x19 mm (5/8” x ¾”) meter in Schedule A of By-Law No. 53-2021 be hereby repealed. All other sections of By-Law No. 53-2021 and Schedule A to By-Law 53-2021 remain in force.
11) That this by-law shall come into force on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 3rd DAY OF JUNE, 2024.
Schedule ACORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO. 11-2024
BEING a by-law to establish a fee for the provision of fire services provided by The Nation Municipality.
WHEREAS Section 8 of The Municipal Act, S.O. 2001, c.25, as amended states that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable to the municipality to govern its affairs as it considers appropriate;
AND WHEREAS Section 9 of The Municipal Act, S.O. 2001, c.25, as amended states that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 11 of The Municipal Act, S.O. 2001, c.25, as amended states that a lower-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS pursuant to the authority granted by Part XII of The Municipal Act, S.O. 2001, c.25, as amended, the Council of The Nation Municipality may pass By-Laws for the setting of fees and charges for services;
AND WHEREAS section 391 of the Municipal Act, 2001 provides that a municipality may impose fees and charges for services provided by the municipality;
AND WHEREAS section 391(2) of the Municipal Act, 2001 provides that a fee or charge may be imposed for capital costs related to services or activities for which persons are not receiving an immediate benefit from but who will receive a benefit at some later point in time;
AND WHEREAS all owners of property within the Municipality receive an immediate and continuing benefit from fire services provided by the Municipality;
AND WHEREAS The Nation Municipality deems it appropriate to create a fire services charge to be established annually for the acquisition and replacement of capital assets of the fire services department;
AND WHEREAS the Municipality desires to create a reserve fund for the long-term enhancement and operation of its fire services.
DEFINITIONS:
“Capital Costs” is defined as an amount that is used for the capital expenditures for construction, acquisition, or replacement and any surplus of the year is set in a reserve fund for future capital cost.
NOW THEREFORE BE IT RESOLVED THAT the Council of the The Nation Municipality enacts as follows:
The fire services charge imposed upon the owners or occupants of lands which are supplied with fire services apply to all properties except exempt properties.
The Fire services charge is hereby imposed as an annual flat rate of $85.00 per property for the year 2024 and subsequent years.
The charge imposed by this by-law shall be invoiced on the final tax notices.
Payments shall be in accordance with by-law 81-2023, as amended from time to time.
This By-law shall come into force and take effect on January 1, 2024.
READ A FIRST, SECOND AND DULY PASSED UPON THE THIRD READING THIS 18TH DAY OF MARCH 2024.
CORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO :22-2024
BEING, a By-Law of the Corporation of The Nation Municipality to establish the rate for the environmental charge which includes the pick-up and disposal of household and small business waste, as well as other environmental services.
WHEREAS Section 8 of The Municipal Act, S.O. 2001, c.25, as amended states that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable to the municipality to govern its affairs as it considers appropriate;
AND WHEREAS Section 9 of The Municipal Act, S.O. 2001, c.25, as amended states that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 11 of The Municipal Act, S.O. 2001, c.25, as amended states that a lower-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS pursuant to the authority granted by Part XII of The Municipal Act, S.O. 2001, c.25, as amended, the Council of The Nation Municipality may pass By-Laws for the setting of fees and charges for services;
AND WHEREAS Section 391 of the Municipal Act R.S.O., 2001 as amended provides that a by-law may be passed by the Council of local municipalities for the collection, removal, and disposal by the Corporation of waste and/or other refuse, throughout the whole municipality or in defined areas at the expense of the owners and occupants of the land therein.
AND WHEREAS the Municipality desires to set aside funds for future services as well as future closure and post-closure costs in the environment reserve fund.
Definitions:
“Equivalent unit” An equivalent unit is a place of residence; in the case of an apartment and/or a semi-detached each place of residence shall be recognized as an equivalent unit.
“Household” A social unit comprised of those living together in the same dwelling.
“Owner or Owners” means the person(s) who is/are the registered owner(s) of the lands, which shall include the occupant or tenant of such lands, upon which a charge is imposed under this By-law;
“Small business” Place of business which does not normally generate more waste than a household unit.
“Waste” Garbage, refuse, domestic waste, industrial solid waste, municipal refuse and such other materials as may be designated by by-law of the council.
NOW THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows;
A fixed rate of $180.00 per equivalent unit is established for the year 2024 and subsequent years.
All new household and small businesses will be imposed the prorated fixed rate as per Section 2) for the number of months receiving the service.
Any owner of a residence or business not occupied or becoming vacant during the year will be reimbursed or credited for all or part of the rate upon a decision of Council.
The charge imposed by this by-law shall be invoiced on the final tax notices.
Payments shall be in accordance with by-law 81-2023, as amended from time to time.
Only owner’s of land that are being imposed the fixed rate of Section 2) shall receive the benefit of free entrance at the landfill sites as stated in the Schedule “A” of By-law 75-2002 as amended.
That this by-law shall be effective January 1st, 2024 and that By-Law 62016 is hereby repealed as of that date.
READ A FIRST, SECOND AND DULY PASSED UPON THE THIRD READING THIS 18TH DAY OF MARCH 2024.
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
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:
“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;
2.1 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
3.1 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.
4.1 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.
5.1 Fences may be of wooden, chain link, stone, wrought iron, brick or similar construction materials.
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.
7.1 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.
8.1 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.
9.1 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.
10.1 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.
11.1 No person shall erect or construct a fence on Municipal property or a road allowance without first obtaining a written authorization from the municipality.
12.1 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.
13.1 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.
15.1 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.
16.1 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.
17.1 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.
18.1 That By-law 79-2009 is hereby repeated.
19.1 This By-Law shall take force on the day it is finally adopted by Council.
DAY OF OCTOBER, 2012.
SEAL
ERECTION OF FENCES, RETAINING WALLS PERMIT FEES
Erection of a fence, including a naturallv arowina hedge $20.00
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:
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;
INTERPRETATION
SEVERABILITY
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
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
BY-LAW NO. 109-2024
FIREWORKS BY-LAW
A by-law to regulate the discharge of fireworks, flying lanterns and pyrotechnic special effect fireworks in the Corporation of The Nation Municipality and to repeal by-laws number 115-2021 and 27-2022.
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 delegates;
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 meaning.
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 below.
Interpretation
17. In this by-law:
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
19. Flying Lantern Discharge:
20. Flying Lantern Sale:
Discharge of Firecrackers and Prohibited Fireworks
21. No person shall discharge any firecrackers within The Nation Municipality; and
22. No person shall discharge any prohibited fireworks within The Nation Municipality.
Consumer Fireworks
23. No person shall discharge consumer fireworks within The Nation Municipality, except on the following days from 8pm to 11 pm:
24. No person shall discharge consumer fireworks within The Nation Municipality if any of the following applies:
25. 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.
26. 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.
27. No person shall discharge any consumer fireworks in or into any building, doorway, or automobile.
28. No person shall discharge any consumer fireworks in or on or into any highway, street, lane, square or other public places.
29. 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.
30. 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, Consumer Fireworks
31. 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 to discharge consumer fireworks, 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.
32. All requests for exemptions shall include the following information:
Display Fireworks
33. No person or group of persons shall discharge display fireworks in The Nation Municipality without first having obtained a permit to do so issued by the Fire Chief or his delegate.
Conditions to applying to permit for Display Fireworks
34. Every application for a permit shall be made to the Fire Chief a minimum of 30 days prior to the event when the proposed discharge of display fireworks is to occur.
35. Every application for a permit shall include:
i. A description of the event including:
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 47 and 48; and
ix. Such other information as required by the Fire Chief and / or the Manager of Municipal Law Enforcement.
36. 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.
37. The Fire Chief 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.
38. 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:
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
39. 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 Fire Chief and / or their delegates.
Conditions to applying to permit for Pyrotechnic Special Effects Fireworks
40. Every application for a permit shall be made to the Fire Chief a minimum of 30 days prior to the event when the proposed discharge of pyrotechnic special effects fireworks is to occur.
41. 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;
vii. 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 47 and 48;
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.
42. 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.
43. The Fire Chief and / or delegate 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.
44. 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:
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.”.
45. No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.
46. The permit holder holding the display of pyrotechnic special effects fireworks shall ensure that all unused fireworks and all debris be removed.
Insurance
47. 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 thereof. 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
48. 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
49. 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.
50. 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
51. Every person who contravenes any of the provisions of this by-law is guilty of an offence.
52. 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, R.S.O. 1990, Chapter p.33.
Short Title
53. This by-law may be referred to as the “Fireworks and Flying Lanterns By-Law”.
Municipal Exemption
54. Notwithstanding any provision of this By-law, the Corporation of The Nation Municipality is exempt from the restrictions on the discharge of consumer fireworks, display fireworks, and pyrotechnic special effect fireworks, provided that any such discharge is conducted in accordance with the conditions set forth in permits issued under Sections 33, 37, and 43 of this By-law. The Municipality shall ensure compliance with all safety requirements and indemnify against any liabilities arising there from.
Validity and Severability
55. If a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this by-law shall be severed from the balance of the by-law, which shall continue to operate in full force and effect.
Repeal
56. That By-laws number 115-2021 and number 27-2022 be hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 12TH DAY OF AUGUST 2024.
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:
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:
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
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
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.
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;
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
i)A description of the event including:
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.
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.
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.
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.
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
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.
Indemnification
CORPORATION OF THE NATION MUNICIPALITY BY-LAW No. 49-2021
HALF LOAD
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:
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:
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
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
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:
1- This by-law may be cited as the “Noise By-Law”.
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;
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
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:
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;
François St. Amour, Mayor
SEAL
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:
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
DEFINITIONS
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
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.
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.
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
(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.
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:
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
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:
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
DEFINITIONS
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.
ADMINISTRATION
PENALTIES
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:
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 buildings shall be kept in good repair and free from health, fire and accident hazards.
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.
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.
4.3.1 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.
4.4.1Dwellings 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.
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.
4.6.1 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.
4.7.1 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.
4.8.1 Guards shall be installed and maintained wherever:
4.8.2 A guard required by subsection 8.1 shall provide reasonable protection from accidental falls for any person on the premises.
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.
4.10.1 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
4.11.1 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.
4.12.1Every 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.
4.13.1 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 .
4.14.1 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.
4.15.1 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.
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.
4.17.1Every 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.
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.
4.19.1 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.
Sewage holding tanks in a mobile home park or land lease community shall be emptied whenever necessary.
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.
6.1.1 Sections 2 to 6.5 apply to all residential property.
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.
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.
6.4.1 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.
6.5.1Exterior 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.
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.
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.
8.2.1 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.
8.3.1 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.
8.4.1Exterior 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.
8.5.1 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.
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.
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.
9.2.1 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.
9.3.1 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
CORPORATION DE LA MUNICIPALITE DE LA NATION REGLEMENT N° 53-2021
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;
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
The water service stub shall be maintained by the Municipality at the Municipality’s expense from the water main to the property line.
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.
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.
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.
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.
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.
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.
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.
. 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.
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.
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.
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.
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.
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.
7.1. 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:
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.
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.
8.1. 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.
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
Francois St-Amour, Mayor
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
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.
CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 22-2018
SIGNS
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
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
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.
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.
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
|
; 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
a) By-law 48-2005 of the Corporation of The Nation Municipality entitled “Signs By-law”, as amended.
NOTE: Should include maximum height of fence to match the fence By-law 66-2009 !
Guylain Lafleche
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:
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.
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.
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.
13
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.
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PENALTIES
READ A FIRST, SECOND AND DULY PASSED UPON A THIRD READING THIS 22″d DAY OF AUGUST, 2005.
Mary J. Mccuaig, Clerk
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:
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
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.
READ a first, second and third time this 24th day of July 2017.
Francois St-Amour, Mayor
CORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO.131-2021
BEING, a By-Law to amend By-Law No. 4-2015 and By-Law No. 138-2015 to maintain and operate a waste management system:
WHEREAS, Part XII, Section 391 (1) of the Municipal Act, 2001 as amended, provides for municipalities to pass by-laws imposing fees or charges on persons,
(a) for services or activities provided or done by or on its behalf;
(b) for costs payable by it for services or activities provided by or done by or on behalf of any other municipality or local board;
(c) for the use of property including property under its control.
AND WHEREAS, Section 11(3) of The Municipal Act, 2001 as amended authorizes municipalities to pass by-laws to establish, maintain and operate a waste management system;
THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:
1) That section 7.1 to By-Law 4-2015 for the Limoges Site opening days be amended by deleting “Tuesday” and adding “Thursday.”
2) That Schedule “A” to By-Law No. 138-2015 be amended by deleting: “All loads, regardless of size and type of vehicle, will be measured and charged a flat rate of .40 cents per cubic foot” and adding the following: “All loads will be measured and charged at the greater of $2.00 or $0.65 per cubic foot.” “That the cost be rounded to the nearest dollar.” “Administration fee of $4.00 shall apply if the invoice is not paid on site.”
3) That Schedule “B” to By-Law No. 4-2015 be amended as follows: “That Item 2 be removed.”
4) That all other sections of By-Law No. 4-2015 shall remain the same.
5) That this By-Law shall come into force on January 1st, 2022.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 22ND DAY OF NOVEMBER, 2021.
CORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO. 4-2015
BEING a by-law to establish, maintain and operate a waste management system.
WHEREAS, Section 11(3) of The Municipal Act, 2001 as amended authorizes municipalities to pass by-laws to establish, maintain and operate a waste management system;
THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:
1. Application
1.1 The provisions of this By-Law apply to the owners and occupants of all residential and multi-residential establishments within The Nation Municipality as defined in Sections 4.11 and 4.17 of this By-Law.
1.2 Non-residents and persons not owning property within The Nation Municipality shall not at any time have access to or use of the municipality’s waste disposal sites and, if found in contravention of this rule, shall be charged with trespassing.
2. Scope of By-Law
2.1 In the event of a conflict between this By-Law and amendments thereto and any other by-law, the most restrictive shall prevail.
2.2 The provisions of this By-Law shall not relieve any person from compliance with any provisions of the Public Health Act or regulations prescribed by the Medical Officer of Health.
3. Effective Date
3.1 This By-Law shall come into force and take effect on February 1, 2015.
4. Definitions
4.1 “Bag” shall mean a polyethylene plastic bag measuring not more than 30″ x 38″(76 cm x 96 cm) of not less than 1.2 mil gauge thickness securely fastened and closed at the top.
4.2 “Blue Box” shall mean the box supplied by the Municipality for the collection of recyclable materials.
4.3 “Compostable Waste” includes grass cuttings, garden refuse, leaves, kitchen and table waste of vegetable origin and all other material which is generally accepted as compost, including hedge clippings and branches less than 50mm in diameter.
4.4 “Construction Waste” shall mean discarded building material resulting from the erection, repair, demolition or improvement to buildings or structures.
4.5 “Container” shall mean a reusable galvanized metal or plastic container with a maximum capacity of 28 imperial gallons (125 litres)and having carrying handles and watertight lid which shall be securely attached.
4.6 “Council” shall mean the Council of the Corporation of The Nation Municipality.
4.7 “Dumpster” shall mean a metal container for the use of securing garbage and must be compatible with the garbage truck.
4.8 “ Unit” shall mean any part of a building or structure used, designed or intended to be used as a domestic establishment in which one or more persons may sleep and is provided with culinary and sanitary facilities for their exclusive use.
4.9 “Hazardous Material” shall include ammunition, antifreeze, auto batteries, brake fluid, degreasers, drain cleaner, gasoline, herbicides, waste oil, oven cleaner, paints, pesticides, preservatives, septic tank cleaners, solvents.
4.10 “Major Appliance and/or Large Household Furnishings” shall mean any and all large or bulky household mechanisms and/or articles commonly used in the home including but not limited to refrigerators, freezers, stoves, washers, dryers, televisions, water tanks, chairs, sofas, tables, mattresses, beds, carpets, etc.
4.11 “Multi Residential Unit” shall mean a building or structure containing 2 or more dwelling units.
4.12 “Municipal Waste Collector” shall mean the persons authorized by the municipality from time to time to collect non-recyclable garbage and/or recyclable waste within the municipality.
4.13 “Municipality” shall mean the Corporation of The Nation Municipality.
4.14 “Non-Collectable Waste” shall mean the following:
4.15 “Non-Recyclable Garbage” shall mean all garbage and other refuse except non-collectable waste.
4.16 “Recyclable Waste” shall mean such items as the municipality identifies from time to time as being suitable for recycling purposes. Council shall establish in conjunction with the municipal waste collector which items of recyclable waste are collectable and which items are not.
4.17 “Residential Establishment” shall mean a building or structure containing less than two dwelling units.
4.18 “Tag” shall mean a tag or sticker issued by the Municipality upon payment of the applicable fees as determined by Council from time to time, to be affixed to the items of less than 50 pounds put out for collection or to the bags of non-recyclable garbage put out for collection by the municipal waste collector.
4.19 “Waste” includes garbage, refuse, domestic waste, industrial solid waste and municipal waste and, without limiting the generality of the foregoing, means non-recyclable garbage and/or non-collectable waste.
5. Curbside Pick-up
5.1 There shall be one (1) weekly curbside pick-up of waste and recycling. Garbage and recycling shall be placed at the curb by 7:00 a.m. the day of the regular pick-up of that area. Containers and bags which are set out for collection shall be placed as close to the street as reasonably possible without obstruction to the travelled portion of the roadway and/or sidewalk. Glass shall be boxed with the outside of the box clearly marked “BROKEN GLASS”.
5.2 No person shall pick over, interfere with, disturb, remove or scatter any waste which has been set out for collection.
5.3 No person shall put out hazardous materials for collection. Hazardous materials shall be taken to approved depots.
5.4 No person shall set out waste for collection except from the residential establishment at which it was generated.
5.5 The Treasurer is hereby authorized to charge the cost of providing a waste management system on all users of the system within the municipality.
5.6 Except as otherwise provided in this by-law, neither the municipality nor the waste collection contractor shall collect non-collectable waste from any residential establishment within the municipality.
5.7 Garbage bags should be placed in a container to prevent animals from opening garbage bags.
5.8 Compostable waste such as leaves, grass clippings and branches shall not be placed at the curb for pick-up. These items can be taken to the municipal waste disposal site free of charge.
5.9 Any waste which the waste collection contractor declines to collect shall be removed by the owner or occupant of the residential establishment by or on whose behalf the waste was placed for collection before 7:00 p.m. on the day on which the collection was scheduled.
6. Bag Limit
6.1 All residential establishments, including multi-residential and apartment units, shall be limited to two bags of garbage per unit per week. Extra tags may be purchased from the municipal office at a cost as set out in Schedule “B” attached to and forming part of this by-law.
6.2 The size of bags set out for collection shall be no larger than as defined in Section 4.1 of this by-law.
7. Access to Landfill Sites
7.1 The landfill sites shall be open in accordance with the following schedule:
Caledonia Site: located at 2325 Concession 7 Road, former Township of Caledonia.
OPEN: From May 1st to October 31st the second and fourth Thursday of the month from 08:00 to 09:00.
Limoges Site: located at 2090 Calypso Street, former Township of Cambridge.
OPEN: Tuesday, Friday and Saturday from 08:00 to 12:00.
South Plantagenet Site ( Fournier): located at 4701 Concession 15 Road, former Township of South Plantagenet.
OPEN: Thursday, Friday and Saturday from 13:00 to 16:00.
7.2 The landfill sites are closed on Statutory Holidays.
7.3 No person shall enter the landfill sites by vehicle or on foot other than during the hours set out in Section 7.1. Any unloading of waste shall be supervised by the landfill site attendant. Salvaging and recycling by the municipality is permitted but scavenging shall not be permitted.
7.4 No household garbage is accepted at the municipal landfill sites. Materials accepted at the landfill sites must be source separated into the following categories:
8. Tipping Fees
8.1 Tipping fees shall be charged in accordance with Schedule “A” attached to and forming part of this by-law.
8.2 The Treasurer shall provide the landfill site attendants with invoice booklets in three NCR (no carbon required) copies. The amount of the tipping fees shall be indicated on the invoice, the resident shall 5 sign and be given one copy and the second and third copies shall be submitted to the municipal office.
8.3 The landfill site attendant shall not accept payment whether by cheque or cash.
9. General
9.1 The headings in this by-law are included solely for convenience of reference and are not intended to be full or accurate descriptions of the contents thereof and are not to be considered as part of the bylaw.
10. Severability
10.1 If any provision of this by-law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this by-law or the application of such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable shall not be affected thereby, and it is hereby declared to be the intention of Council that each provision and requirement of this by-law shall be separately valid and enforceable to the fullest extent permitted by law.
11. Enforcement and Penalties
11.1 Every person who contravenes any provisions of this By-Law is guilty of an offence and, upon conviction thereof, shall forfeit and pay a penalty for each such offence and every penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, Chapter P.33 and amendments thereto.
11.2 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 upon the person convicted, issue an order prohibiting the continuation of repetition of the offence or the doing of any act or thing by the person convicted directed toward continuation or repetition of the offence.
12. That By-Laws No.75-2002, 96-2005, 104-2009, 82-2010 and 134- 2010 be repealed upon the coming into force of this by-law.
THE NATION MUNICIPALITY SCHEDULE “A”
TO BY-LAW NO. 4-2015
TIPPING FEES
All loads, regardless of size and type of vehicle, will be measured and charged a flat rate of: .30 cents per cubic foot
Access to the waste disposal sites outside of normal hours of operation: $50.00 per hour
Looking for a by-law that isn't listed below? Send us an email!
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).
Looking for a policy that isn't listed below? Send us an email!
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).
CORPORATION OF THE NATION MUNICIPALITY
POLICY ON ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE
Ontarians with Disabilities Act, 2005
February 24, 2010
Revised: January 30, 2023
Background
The accessibility standards for customer service came into force on January 1, 2008. It is the first accessibility standard created under the authority of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).
All designated public sector organizations must meet all of the requirements of the standard by January 1, 2010 and file a report in 2010.
1. SCOPE
This policy applies to all employees and/or sections within the municipality and all employees and all volunteers and contractors and others who interact with the public on behalf of the municipality.
2. PURPOSE
This policy is intended to ensure the provision of goods, services, and facilities to persons with disabilities and to adapt those services/facilities in order to comply with the customer service standard in Part IV.2 of Ontario Regulation 191/11.
2.1 The Nation Municipality is committed to being responsive to the needs of its residents and visitors by recognizing the diverse needs of all its residents and visitors and striving to provide services and facilities that are accessible to all.
2.2 The Nation Municipality will promote accessibility through the development of policies, procedures and practices taking into consideration people with disabilities. All reasonable efforts will be made to ensure that these policies, procedures and practices address integration, independence, dignity and equal opportunity.
2.3 The Nation Municipality will communicate with a person with a disability in a manner that recognizes that person’s specific disability.
2.4 The Nation Municipality will ensure that training to all staff, volunteers, contractors and those responsible for developing the municipality’s policies, practices and procedures is provided.
2.5 The Nation Municipality will ensure that all reasonable efforts are taken to provide persons with disabilities equal opportunity to obtain, use and benefit from goods, services, and facilities provided by the municipality.
2.6 The Nation Municipality shall ensure that a person with a disability being accompanied by a guide dog or service animal has access in the municipal premises or premises open to the public unless said animal is excluded by law from the premises. If excluded by law, the municipality engages to take other necessary measures to serve the person with a disability.
2.7 The Nation Municipality shall ensure that a person with a disability being accompanied by a support person is granted access to municipal premises for both the person with a disability and the support person. Notice shall be given in advance if any fee is payable for the support person’s entry to the premises.
3. PRINCIPLES
Reasonable efforts will be made to ensure the following:
3.1 That goods, services, and facilities be provided in a manner that respects the dignity and independence of persons with disabilities.
3.2 That the provision of goods and services will be integrated unless an alternate measure is necessary, whether temporarily or permanently, to enable a person with a disability to obtain, use or benefit from the goods, services, or facilities.
3.3 That persons with disabilities will be given an opportunity equal to that given to others to obtain, use and benefit from the goods, services, or facilities.
4. DEFINITIONS
4.1 “Person with Disability”: for the purposes of this policy, “disability” is defined according to the Accessibility for Ontarians with Disabilities Act, 2005 as:
4.1.1 Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes, mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, physical reliance on a guide dog or other animal or in a wheelchair or other remedial appliance or device;
4.1.2 A condition of mental impairment or developmental disability;
4.1.3 Learning disability, or a dysfunction in one or more processes involved in understanding or using symbols or spoken language;
4.1.4 A mental disorder; or
4.1.5 An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
4.2 “Service Animal”: for the purpose of this Policy, “service animal” is defined as either:
4.2.1 A “guide dog” as defined in Section 1 of the Blind Persons Rights Act
4.2.2 A “service animal” for a person with a disability. For the purposes of this policy, and “animal” is a service animal for a person with a disability;
4.2.3 If it is readily apparent that the animal is used by the person for the reasons relating to his or her disability; or
4.2.4 If the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability.
4.3 “Support Person”: for the purposes of this policy a support person is defined as a person who accompanies a person with a disability in order to help him or her with communication, mobility, personal care or medical needs or with access to goods or services.
5. PRACTICES AND PROCEDURES
5.1 Communications will be conducted in a manner that takes into consideration the person’s disabilities;
5.2 All staff and volunteers, as well as contractors and others who interact with the public or who are involved in the development of policies, practices and procedures regarding the provision of goods, services or facilities for the municipality, will receive appropriate training;
5.3 Persons with disabilities accompanied by a guide dog or service animal will be permitted in those areas of the premises owned or operated by the municipality that are typically open to the public unless the animal is otherwise excluded by law. It is the responsibility of the person using the service animal to ensure that the service animal is kept under control at all times.
5.4 Persons with disabilities accompanied by a support person will be permitted to be accompanied by that support person in premises normally open to the public.
5.5 If an amount is payable by a person for admission to the premises, or in connection with a person’s presence at the premises, The Nation Municipality will ensure that notice is given in advance about the amount, if any, payable in respect of the support person.
5.6 The Nation Municipality may require a person with a disability to be accompanied by a support person when on municipal premises but only if, after consulting with the person with a disability and considering the available evidence, the municipality determines that a support person is necessary to protect the health and safety of the person with a disability or the health and safety of others on the premises, and there is no other reasonable way to protect the health and safety of the person with a disability or others on the premises. In such a case, the Nation Municipality shall waive any admission amount payable in respect of the support person.
5.7 Notice will be provided when facilities or services that people with disabilities rely on to access The Nation Municipality services are temporarily disrupted.
5.8 The Nation Municipality will establish a feedback process to allow people to provide feedback on whether and how well the municipality is providing accessible goods, services and facilities.
5.9 The Nation Municipality acknowledges that persons with disabilities may elect to use their own personal assistive devises to obtain, use or benefit from the services and facilities offered by The Nation Municipality.
6. FEEDBACK PROCESS
6.1 Should a member of the public wish to make a complaint regarding the accessible provision of goods, services, or facilities they have received, or about the feedback process itself, the member of the public can advise The Nation Municipality of their complaint or concern through the following means:
6.1.1 Make a submission through the on-line feedback form available on The Nation Municipality website www.nationmun.ca;
6.1.2 Send an email outlining the nature of the complaint or concern to the following address: mmccuaig@nationmun.ca;
6.1.3 Contact the Accessibility Coordinator by phone or mail: Mary McCuaig, Accessibility Coordinator, The Nation Municipality, 958 Route 500 West, Casselman, ON K0A 1M0. 613-764-5444 ext. 222;
6.1.4 Contact by telephone the department head or designate responsible for delivering the goods, services, or facilities in respect of which there is a complaint or concern;
6.1.5 Attend the office and meet the department head or designate responsible for delivering the goods, services, or facilities in respect of which there is a complaint or concern;
6.2 A response will be provided to anyone providing a complaint or comment regarding the provision of accessible goods, services or facilities, in the same manner as the complaint or comment was received within 30 days.
6.3 If deemed appropriate, a complaint or comment regarding the provision of accessible goods, services, or facilities may be directed to The Nation Municipality Accessibility Advisory Committee for recommendations on how to address the complaint or comment;
6.4 If agreement on the resolution of a complaint cannot be reached between the appropriate department head or designate and the complainant, the matter will be directed to the Chief Administrative Officer for disposition;
6.5 If the Chief Administrative Officer is unable to provide a satisfactory resolution to the complainant, the complainant has the option of presenting the complaint to Council for final disposition; and
6.6 The Nation Municipality will ensure that this feedback process is accessible to people with disabilities. Accessible formats and communications supports will be provided upon request, in a timely fashion and at no additional cost. The Nation Municipality will post a notice on its website notifying the public of this feedback process and of the availability of accessible formats and communication supports.
7. SERVICE DISRUPTION
7.1 If, in order to obtain, use or benefit from The Nation Municipality’s goods, services, or facilities, persons with disabilities usually use particular facilities or services, e.g., elevators, and if there is a planned temporary disruption in those facilities or services in whole or in part, The Nation Municipality shall give notice of the disruption to the public.
7.2 Notice of the disruption must include information about the reason for the disruption, its anticipated duration and a description of alternative facilities or services, if any, that are available.
7.3 Notice will be given by posting the information about the service disruption at a conspicuous place on the premises owned and operated by The Nation Municipality, as well as by posting the information on the municipal website (www.nationmun.ca) and providing audio messages on the automated telephone attendant for the facility where the service disruption will be taking place. If deemed appropriate and time permits, planned disruptions may also be published in local newspapers.
7.4 If a temporary service disruption of the website is planned, keeping with the conditions of the service disruption, notice will be given as soon as feasibly possible in the manner otherwise described in Section 7.3 above.
7.5 In the event of an unplanned service disruption, notice will be given as soon as feasibly possible in the manner described in Section 7.3 above.
8. FORMAT OF DOCUMENTS
8.1 Should The Nation Municipality be requested to provide a copy of a document to a person with a disability, The Nation Municipality shall give the person the document, or the information contained in the document, in a format that takes into account the person’s disability.
8.2 Material printed in-house and publications produced on behalf of The Nation Municipality should contain a note indicating “alternate formats are available on request” and include relevant contact information.
8.3 The Nation Municipality will consult the person requesting the document to determine what the accessible alternate format of the document or information should be in accordance with the provisions of this policy.
8.4 The time frame attached to the conversion process varies depending on the media chosen, the size, complexity, quality or source documents and number of documents to be converted. Documents shall be returned in a timely manner depending on the factors noted above.
8.5 Conversion shall be processed in-house whenever possible. When a member of the public requests a municipal document, or portion thereof, in an alternate format, the department of origin shall be responsible for the cost of the conversion, materials and distribution, not the requester.
8.6 In-house printing, where possible, should adhere to the CNIB’s Clear Print Standards or any subsequent accessible information and communication policies.
9. TRAINING ON CUSTOMER SERVICE STANDARDS
The Integrated Accessibility Standards require service providers to train staff on providing customer service to people with disabilities. This training must be given to all employees and volunteers, as well as other third parties who act on behalf of the municipality with respect to the provision of goods, services or facilities. Training must also be provided to those who develop policies, procedures and practices for the municipality. Training shall be provided as soon as practicable after a new employee or volunteer is hired (or, in the case of another person, as soon as practicable after they commence developing municipal policies and/or providing goods, services, or facilities on behalf of the municipality), and on an ongoing basis whenever this policy is changed.
9.1 The Nation Municipality shall ensure that the following persons are trained on policies, practices and procedures establishing the accessible provision of its goods and services to persons with disabilities:
9.1.1 Every employee and volunteer, as well as every person who provides goods, services, or facilities on behalf of the municipality, whether the person does so as an employee, agent, volunteer or otherwise.
9.1.2 Every person who participates in developing in the municipality’s policies, practices and procedures.
9.2 The training shall be appropriate to the duties of the person being trained.
9.3 This training will include a review of the purposes of the Accessibility for Ontarians with Disabilities Act (AODA) and the requirements of this policy and instruction about the following:
9.3.1 How to interact and communicate with persons with various types of disabilities, as outlined in this policy and associated practices and procedures.
9.3.2 How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person, as outlined in this policy and associated practices and procedures.
9.3.3 How to use equipment or devices available on the premises owned or leased by The Nation Municipality that may help in the provision of goods, services, or facilities to a person with a disability.
9.3.4 What to do if a person with a disability is having difficulty accessing goods, services, or facilities provided by The Nation Municipality.
9.4 The Nation Municipality will keep a record of all training provided, including the dates on which it was provided and the number of individuals to whom it was provided.
10. ASSISTIVE DEVICES
10.1 The Nation Municipality acknowledges that persons with disabilities may elect to use their own personal assistive devices to obtain, use or benefit from the goods, services, and facilities provided by The Nation Municipality.
10.2 Should a person with a disability be unable to access the municipality’s goods, services, or facilities through the use of their own personal assistive device, The Nation Municipality will ensure the following measures are taken:
10.2.1 Determine if the provision of the good, service, or facility is inaccessible, based upon the individual’s requirements.
10.2.2 Assess potential accessible service delivery options to meet the needs of the individual; and
10.2.3 Notify the person with a disability of an alternative method of providing the goods or services and how they can access the alternative, temporarily or on a permanent basis.
Schedule “A”:
Samples of public notice documents for an interruption of services
Sample #1:
“To all clients:
The elevators on the east side will be out of service from the 1st to the 15th of April due to regular maintenance. To access the upper level of this building, please use the elevator located on the west side of the building. We apologize for any inconvenience this may cause. For any questions, please call (phone number).
Thank you
Management”
Sample #2
“To all clients:
The accessible washroom is presently out of service due to a damaged pipe. Repairs will be affected tomorrow. In the meantime, we have made arrangements that our clients use the accessible washroom located at 233 Main Street being the building beside this one. We apologize for any inconvenience this may cause.
Thank you
Management”
Schedule “B”
Samples of notice documents for feedback process
Sample # 1
“To all our clients
We are in the process of improving our accessibility to clients with disabilities. We would appreciate receiving your comments, questions and suggestions concerning the set up and services in our buildings serving our clients with disabilities. Please communicate with the municipal office reception in person, by mail, by telephone at (phone number) or by email at (email address) to provide your comments.
Thank you
Management”
Sample # 2
“To all our clients
We are in the process of improving our accessibility to clients with disabilities. We would be pleased to receive your comments. Please call (phone number) or send an email to (email address) to let us know your comments and/or to obtain a copy of our accessibility policy.
Thank you
Management”
THE CORPORATION OF THE NATION MUNICIPALITY
STATEMENT OF POLICY AND PROCEDURE ACCOMMODATION ON THE BASIS OF DISABILITY AND ACCESSIBLE EMPLOYMENT
#HR-01-2019
Effective date: December 2, 2019
Revised: January 30, 2023
Resolution: 722-2019
ACCOMMODATION ON THE BASIS OF DISABILITY
1. Policy
1.01 Where an employee requests an accommodation for needs related to a disability, The Nation Municipality will accommodate the employee to the point of undue hardship. Where an accommodation would cause undue hardship, The Nation Municipality will implement the next best accommodation short of undue hardship.
1.02 The Nation Municipality is required to and will comply with certain provisions contained in the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) and Part III — Employment Standards of the Integrated Accessibility Standards Regulation made under the AODA.
1.03 All accommodation requests will be taken seriously. No person will be penalized for making an accommodation request.
2. Purpose
2.01 The purpose of this Statement of Policy and Procedure is to state The Nation Municipality’s commitment to the prevention and removal of barriers to people with disabilities, to the accommodation of persons with disabilities and to the establishment of processes by which persons with disabilities may request accommodation.
3. Responsibility
3.01 Each supervisor is responsible for ensuring the principles outlined in this Statement of Policy and Procedure are adhered to throughout all business activities.
3.02 The employee requesting an accommodation and their immediate supervisor are responsible for working together cooperatively with the goal of finding a reasonable accommodation and developing an accommodation plan.
4. Definitions
5.01 “Disability” means,
(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
(b) a condition of mental retardation impairment or a developmental disability;
(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
(d) a mental disorder; or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
5. References and Related Statements of Policy and Procedure
Accessibility for Ontarians with Disabilities Act, 2005 (Ontario) and Regulations Human Rights Code (Ontario)
HR-02-2019 — Return to Work Program
6. Procedure
7.01
(a) During the recruitment process, The Nation Municipality shall notify job applicants and the public via its job postings about its commitment to accommodate those with disabilities, and shall advise those selected for an interview that accommodation is available upon request. If a selected applicant requests an accommodation, The Nation Municipality shall consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant’s accessibility needs due to disability.
(b) Successful applicants and employees shall be notified of The Nation Municipality’s policies regarding accommodating employees with disabilities as soon as practicable after their employment begins and whenever a change in policy takes place.
7.02 Request for Individual Accommodation Plan:
(a) Employees who wish or need to raise a potential accommodation issue shall do so by submitting a request for accommodation, preferably in writing, to their immediate supervisor. The request should:
– describe the limitations on the employee’s ability to perform the duties of their position caused by the disability;
– describe any accommodation(s) sought;
– provide sufficient information, including medical information, to confirm the existence of a need for accommodation.
(b) If an employee is under a program of medical treatment which requires the consumption of prescription drugs, including medical marijuana, or over-the-counter drugs, which are labelled or known to cause impairment, the employee is required to inform their supervisor that they are engaged in a medical treatment program that may cause impairment so that the risk of impairment relative to the employee’s safe job performance can be considered.
7.03 Each accommodation request will be considered on an individual basis. When necessary to facilitate the assessment and determination of a reasonable accommodation, the employee may be required to participate in the development of an accommodation plan and to provide relevant medical information to The Nation Municipality. Employees seeking accommodation on the basis of disability are expected to provide their fullest cooperation in
providing any information or medical assessments and participating in assessments relevant to determination of the accommodation request. The employee may request the participation of an employee representative in the development of the accommodation plan by asking the individual of their choice directly.
7.04 The supervisor and the Human Resources Director will jointly assess the accommodation issue in light of the information provided and the individual needs of the employee. During the assessment phase, The Nation Municipality reserves the right to require further information, including relevant medical information or opinions that will assist The Nation Municipality to determine if a reasonable accommodation can be achieved and how it can be achieved. The Nation Municipality further reserves the right to require the employee to participate in a needs assessment by a qualified medical practitioner or other trained professional, at the municipality’s expense, in order to assist in determining what accommodation is needed, how much it will cost, and how it can be provided.
7.05 The supervisor and Human Resources Director will jointly finalize a decision regarding the accommodation issue. The supervisor shall notify the employee, in writing or other format as required by the employee’s disability, of the decision and the reason(s) for the decision.
7.06 If the employee is not satisfied with the written decision regarding the request for accommodation, the employee may appeal the decision to the Chief Administrative Officer for further review. The decision of the Chief Administrative Officer shall be final and binding upon the parties.
7.07 Should the employee’s need for individual accommodation be verified by the municipality, Human Resources and the employee will work together to complete the attached Appendix
“A”: Individual Accommodation Plan.
7.07 The Nation Municipality shall ensure that the employee’s personal medical information shall be kept confidential and will only be disclosed to those necessary in the assessment and development of the accommodation in accordance with our Privacy Policy (Resolution 538-2013).
7.08 The Nation Municipality shall provide individualized workplace emergency response information to disabled employees who require it, and to any person designated to assist the disabled employee, with the consent of the disabled employee, as soon as practicable after the municipality becomes aware of the employee’s need for accommodation due to disability. The municipality shall review the individualized workplace response information upon the following events:
(a) when the employee moves to a new location in the workplace;
(b) when the employee’s overall accommodation needs are reviewed; and
(c) upon review of The Nation Municipality’s general emergency response policies.
7.09 Upon request, the Nation Municipality will provide accessible formats and communication supports for information necessary for employees with disabilities to do their job and for information that is generally available to all employees. We will consult with employees with disabilities when we are requested to provide accessible formats and communication supports in order to determine the suitability of same.
7.10 Employees who are absent from work due to their disabilities shall participate in the development of a return to work process which includes the development of an individual accommodation plan. Employees who require an accommodation in order to return to work shall submit a request for accommodation in accordance with paragraph 7.02 above.
7.11 Accessibility needs of employees and individual accommodation plans will be taken into account when managing an employee’s performance, career advancement or opportunities for redeployment.
7.12 All employees and volunteers will be provided with adequate training with respect to the Human Rights Code (Ontario), the Accessibility for Ontarians with Disabilities Act, 2005 and the accessibility standards required thereunder.
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:
The municipality ensures accountability and transparency by way of the following principles:
The municipality is accountable and transparent by fulfilling various legislated responsibilities and disclosure of information according to the following statutes:
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:
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.
CORPORATION OF THE NATION MUNICIPALITY
CODE OF CONDUCT FOR COUNCIL POLICY NUMBER AD -2016-02
APRIL 13th, 2016
EFFECTIVE DATE: JANUARY 1, 2016
Amended March 8th, 2021
Amended January 30th, 2023
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:
This Code of Conduct applies to every member of the Council.
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.
Every member shall act in accordance with his or her declaration of office.
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.
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.
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.
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.
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:
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.
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.
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:
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.
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:
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:
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.
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.
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.
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:
This provision does not prevent a member of Council from requesting that Council grant a lawful exemption from a policy.
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;
The Integrity Commissioner may also recommend that Council or a local board take one or more of the following actions:
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.
In addition to this Code of Conduct, the following Ontario legislation also governs the conduct of member of Council;
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
(section 223.3 of the Municipal Act, 2001)
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:
Policy #: CL-01-2024
Policy name: Commissioner of Oaths & Affidavits Policy
Internal policy adopted on: May 8, 2024
Approved by: Pierre Leroux, Chief Administrative Officer
Replacing: n/a
Purpose
The purpose of this policy is to provide guidelines for Municipal employees when commissioning documents for the public.
Scope
This procedure applies to all employees of The Nation Municipality who by virtue of office, or who have been appointed by the Attorney General under the Commissioners for taking Affidavits Act, R.S.O. 1990, c C.17, to commission documents.
Background
Clerks, Treasurers, and their deputies, by virtue of office, are authorized by the Attorney General to act as Commissioner of Oaths and Affidavits, within the limit of their municipality. Additional Commissioners may be authorized by the Attorney General at the request of the municipality. The Nation Municipality has four (5) Commissioners on staff: Clerk, Treasurer, Deputy Clerk, Deputy Treasurer, and the Administrative Assistant to the Director of Public Works.
A person who is appointed as a commissioner under the Commissioners of Taking Affidavits Act may administer oaths and take affidavits, declarations and affirmations. They can do this where it is permitted or required by law, and subject to any limitations specified in their appointment certificate. A commissioner shall satisfy themselves of the genuineness of the signature of the deponent or declarant and shall administer the oath or declaration in the manner required by law before signing the jurat or declaration.
The person swearing an oath, making an affirmation, or making a declaration is called a deponent or declarant.
Policy
Commissioner services are provided at The Nation Municipality’s Town Hall located at 958 Route 500 West, in Casselman Ontario and at the satellite office located at 3248 County Road 9 in Fournier Ontario, during regular office hours.
The public is strongly encouraged to book appointments for commissioner services to ensure availability.
If an appointment is not booked, the individual understands that there may not be a commissioner available to provide the service.
Duties of the Commissioner
The deponent or declarant who is swearing or affirming to a document, shall appear before the Commissioner. If the person is not present in front of the Commissioner, the document will not be commissioned.
To confirm the identity of the deponent or declarant, the Commissioner is required to review proof of identity (see Annex A for list of accepted identification). The completed and unsigned affidavit must also be presented to confirm the identity of the deponent or declarant.
The signing of the affidavit must be completed in the presence of the Commissioner. The Commissioner shall not commission the document if it was not signed in their presence.
The Commissioner will affix their stamp to the document, certifying that the required oath, affirmation or declaration has been properly administered.
The Commissioner of Oaths and Affidavits will ensure that each deponent or declarant will sear the following oath:
“Do you swear the information is true and complete to the best of your knowledge.”
Retention
A register will be kept of all documents commissioned. The information collected in the registry will be:
The retention period is two years.
Duties of the Deponent or Declarant:
Under the Commissioners for taking Affidavits Act, Commissioners of Oaths and Affidavits do not certify the truth of the statements contained in a document; that responsibility remains with the deponent or declarant.
The Commissioner is not responsible for the content of the affidavit; it is the responsibility of the deponent or declarant whose signature is being commissioned. The deponent or declarant must also understand not only the details to which they will attest, but also the fact that they are swearing an oath that the details are correct.
Commissioner Services:
The Commissioner of Oaths and Affidavits shall only sign documents that are in English or French, so the Commissioner can validate the information that is sworn.
The Commissioner may sign documents related, but not limited to the following*:
* It is at the exclusive discretion of the individual Commissioner whether or not they choose to sign the document. If a Commissioner of Oaths and Affidavits is uneasy about the identity of the deponent, or the content of the document for any reason, the Commissioner may refuse to sign the document.
Services not provided by a Commissioner
The Commissioner will not prepare or edit affidavits, nor will they provide legal advice.
Any information or clarification required for the prescribed form, should be directed to the agency or party that has requested the form.
The Commissioner will not certify true copies of documents, unless given authority from the agency or party requesting the document, in writing on the form.
A Commissioner of Oaths and Affidavits is not the same as a Notary Public. A Notary Public is a person who is authorized under the Notaries Act to commission documents and certify documents as true copies to verify signatures. The requirements to become a Notary Public are more stringent than for a Commissioner, and most are lawyers or judicial officers. If a document is required to be “notarized” as opposed to “commissioned,” the Commissioners will not commission the document.
The following is a list of common documents but not limited to, that a Commissioner of Oaths and Affidavits cannot sign:
Compliance
All Commissioners for The Nation Municipality are required to comply with the Commissioner of Oaths and Affidavits Policy as well as the Commissioners for taking Affidavits Act.
Fee Schedule
All fees are established and governed by the Fees and Charges By-law, as amended from time to time.
Accessibility
At the discretion of the Commissioner of Oaths and Affidavits, if a deponent or declarant cannot go to the Municipal Town Hall or Fournier office, the commissioner can travel to another location within the Municipality to commission a document. To further remove barriers, travel costs will not be charged to the deponent or declarant.
Virtual Commissioning is not permitted for The Nation Municipality.
Annex A – Proof of Identity:
List 1: only 1 document is required to satisfy all 3 data elements (Date of Birth, Signature, Photo)
List 2: 2 documents are required to satisfy all 3 data elements
Policy Number: RE-22-2023
Effective Date: January 1, 2024
The Recreation Team will invite community groups and not for profits twice a year to a meeting to discuss capital projects, maintenance issues, upcoming events, and budgets.
The meetings will take place at the Nation Sports Complex for the community groups in the west section of the municipality and will be held at the St-Isidore Recreation Centre for the community groups in the east section.
If community groups wish to meet with the recreation team for a special specific project, recreation members will attend the meeting virtually, for a limit of one hour at the start of the meeting and will answer questions. Local committees are also welcome to submit questions by email or phone to the recreation team at any time.
Meeting 1 – Recreation Update (Jan/Feb)
Here are some topics to be discussed during this meeting:
Meeting 2 – Budget Discussions (June/July)
Here are some topics to be discussed during this meeting:
Policy Number: RE-2023-01
Department: Recreation
Effective Date: August 14th, 2023
Updated: January 1st, 2024
AIM
a) To define a uniform policy for Community Hall rental rates.
b) To define a policy for the purchasing and serving of wine in the community halls during activities.
1. DEFINTION OF SMALL HALL & LARGE HALL
For the purpose of this policy, the definition of a small hall is a maximum capacity of 200 people or less and the definition of a large hall is a capacity of 201 people or more.
1.1 List of small halls & maximum capacities
SEE PDF BELOW
1.2 List of large halls & maximum capacities
SEE PDF BELOW
2. COMMUNITY HALL RENTAL RATES
2.1 Uniform Rental Rates for Hall and Arena Surface
SEE PDF BELOW
The hall rental rate for the Limoges Recreation Centre (St Viateur) shall be set at $818.91 + HST for activities where the rental group wishes to keep the profits of the bar. It is the rental group’s responsibility to apply for and pay for the permit. The price of $818.91 includes the kitchen and cleaning of all premises. The renter shall follow the Municipal Alcohol Policy entirely and provide proof of liability insurance.
2.2 Wedding Packages
3. NON-PROFIT GROUP CRITERIA, FUND RAISING ACTIVITIES & MEETINGS
SEE PDF BELOW
**Non-profit organizations should meet the following criteria to be eligible for the Nation non-profit group rental rates:
To encourage and support these local groups, approved non-profit groups will be allowed to hold monthly meetings in their local community centres at no charge. Insurance will be covered by The Nation.
Definition & time frame of a meeting: A meeting will be defined as a gathering of members and restricted to under 20 people in attendance and a maximum of 3 hours. All meetings must be held in the small hall or conference room and reserved through The Nation Municipality reservation system.
Frequency: Each local non-profit group will qualify for 1 meeting per month for free. Two additional free meetings may be requested & approved within the calendar year for special activities.
Keys & Access: Two designated members from each approved non-profit group will be given a key & security code for the alarm system to the community centre. Only these members may use the security code & key to enter the building and at no time may the key or code be lent to any other person or used for any other access rather than for a meeting.
Fees: A one-time (non-refundable) fee of $50 + HST will be charged to the non-profit group for the keys & the codes. Should a key be lost then the member will be charged an additional fee of $20 + HST & also be given a new security code.
Responsibilities: The designated members will be responsible for opening and closing the building after the meetings and ensuring that the building is locked, and the security system armed. The group is responsible for the placement of their own tables and chairs and ensuring that the meeting room is left clean and in the same condition that it was found or a $25 + HST cleaning charge will be applied. Should staff members be required to make the setup of tables & chairs prior to the meeting then regular rental fees will be charged.
Restrictions: It is strictly prohibited to bring or serve any alcohol at a meeting. The Nation Municipality reserves the right to remove keys from members or approved groups should the above noted rules not be respected.
Storage Option: Should the community centre have the capacity for storage and the group would like to rent a storage space then an additional charge of $150 + HST per year will be charged for storage.
Exception: The associations of St-Isidore Minor Hockey, The St-Isidore Junior C and the Eastern Ontario Cobras will have a storage area in the St-Isidore arena at no charge.
Seniors & other groups who sign leases for yearly rents in halls will continue to do so and not be affected by this policy. They will continue to have unlimited access to their locals or in the case of the Fournier Hall, St-Bernardin Hall and Limoges Annexe, limited access but first priority for their activities.
4. INSURANCE
The Nation Municipality requires all Clients (business owners, leagues, associations, clubs, individuals) to carry appropriate liability insurance. The Nation offers user insurance to the Lessee and the cost of insurance will be added onto the rental fee at the time of reservation. If the client has their own insurance and do not wish to use the insurance provided by the Nation, the Lessee must provide proof of insurance with a minimum of 2 million dollars of liability coverage to The Nation no later than seven (7) days after the invoice has been submitted to the Client. For rentals within 7 days, insurance must be provided the day before the rental.
5. PAYMENT
For ice rentals, a damage deposit of $500.00 may be requested upon signing the rental agreement. If there is no damage to the dressing rooms, washrooms, or any other area of the arena, it will be refunded at the end of the season.
The deposit shall be kept if there is any sort of damage caused by the renter.
In the case of minor hockey associations that have rental contracts for the season, postdated monthly cheques must be received before the start of the rentals.
In the case of adult leagues that have rental contracts for the season, the September – December payment must be received by October 31st and the final payment for January till March must be received by December 31st.
Full payment is due 30 days after the invoice has been issued by the Recreation Department to guarantee an upcoming reservation. For rentals within 30 days, full payment is required the day before the rental.
Drop in rentals must be paid by cash or debit before the client will be allowed on the ice.
6. CANCELLATIONS AND CHANGES
The Nation Municipality has the right to cancel a rental time on short notice for certain purposes, including, but not limited to, special events, conflicting bookings, or unsafe conditions. All attempts will be made to contact the Client as soon as possible. Credit or reimbursement will be issued if an agreeable alternate rental time cannot be provided.
Listed below are other reasons why the Nation may cancel the permit.
The Nation has the right to change the rental at any time.
Should the Client wish to cancel the event a $50 administrative fee may be retained by the Nation Municipality.
7. BAR SERVICE FEE
8. STATUTORY HOLIDAYS
The rental rate for all community centres will be increased by 25% on all statutory holidays. The purpose of this increase is to help offset the higher costs of staffing these days.
9. SENIOR GROUPS & CORDE A LINGE
Corde à Linge – St-Albert Community Centre
10. WINE SERVING POLICY
All wine must be purchased from the centre.
11. “OPEN BAR” POLICY
12. SCHEDULE OF RECREATION FEES & RATES
12.1 Promotional & Advertising Opportunities
4 x 8’ promotional wall space inside arena $176.99 + HST
4 x 8’ space at outdoor skating rinks $132.74 + HST
Sponsorship of public skating $309.73 + HST
12.2 Bowling Hall Rates (St-Isidore Recreation Centre)
Public bowling $3.54 + HST
Tournament/player/game $2.65 + HST
Leagues $10.62 + HST
Shoe rentals $0.89 + HST
12.3 Special Food Cover Charge – Sports Bar (St-Isidore Recreation Centre)
A food cover charge of $35.40 + HST is charged when pizza or food from a caterer is brought into the sports bar for consumption. Reservations must be made with the manager and the fee paid prior to the date.
12.4 Tablecloth & Other Fees (Caledonia Community Centre)
Round tablecloths $6.00 + HST
10’ Rectangular tablecloths $10.00 + HST
White skirting
8’ $15.00 + HST
13’ $18.00 + HST
15’ $20.00 + HST
Stages (4×8’ sections) $10.00 + HST
Wine glass $0.30 + HST
Cutlery & dishes (per place setting) $1.00 + HST
12.5 Park Fees
Ball Diamond Fees: A flat rate maintenance fee of $100 + HST will be charged per season to each organization/league that rents one night/day a week. Should the league/organization rent more than one night/day a week there will be an additional $100 + HST charged for each additional nights/days used (ex, 2 nights a week = $200 + HST). These funds will be used to pay for the powder for the lines, purchasing new bases and small repairs.
The team that reserves the field will be responsible for the grooming of the infield and doing the lines. Names & contact information of local people who do maintenance for the regular leagues are available at the time of reservation. The municipality is not responsible for any injuries related to the condition of the field or lack of maintenance thereof and this will be indicated in the contract.
Insurance: The Nation Municipality requires all Clients (business owners, leagues, associations, clubs, individuals) to carry appropriate liability insurance. The Nation offers user insurance to the Lessee and the cost of insurance will be added onto the rental fee at the time of reservation. If the client has their own insurance and do not wish to use the insurance provided by the Nation, the Lessee must provide proof of insurance with a minimum of 2 million dollars of liability coverage to The Nation no later than seven (7) days after the invoice has been submitted to the Client. For rentals within 7 days, insurance must be provided the day before the rental.
Ball Tournament fees:
One field: a charge of $100 + HST be charged per day for a team/league to hold a tournament using one field.
Both fields: A charge of $150.00 + HST will be charged per day for a team/league to hold a tournament using both fields.
The team is responsible for field maintenance but the chalk powder for the lines will be provided by the Municipality for the tournament. In the case of Rodolphe Latreille park should the restaurant building be used a special rental fee will apply per day also
Rental of the restaurant building park Rodolphe Latreille: The cost to rent the restaurant building is $70 plus HST. In the case of a tournament, the building may be rented at a special price of $50 + HST per day but the client is responsible for opening, closing & cleaning the building each day of the tournament. Municipal staff will only clean after the last day of the tournament.
Use of park for private business: Exercise classes in the park organized by an individual/business that charge fees to their clients (or private lessons) – shall be charged $50 plus taxes per month to have the right to operate on municipal property. The number of courses per week or month is not limited.
Use of hydro by a vendor: In the case of a festival/ activity where a private vendor wants to use hydro, there is a charge of $25 plus taxes per day for the connection.
THIS POLICY SHALL REPEAL ALL RESOLUTIONS AND OTHER POLICIES PRIOR TO JANUARY 1ST 2024.
RE-2024-01 Hall Rental Policy (PDF)FINANCE DEPARTMENT POLICY
Policy number: F-2024-03
Policy name: Disposal of Non-Land Assets
Adopted on: Sept 9, 2024
By-Law number: 104-2024
1. POLICY STATEMENT
This policy establishes the guidelines and procedures for the sale and disposal of non-land municipal assets by The Corporation of the Nation Municipality (The Corporation) to ensure a systematic, transparent, and accountable method for the disposal of Corporation-owned non-land assets in accordance with all appropriate laws, regulations, and accounting standards.
2. PURPOSE
3. SCOPE
This policy applies to capital and non-capital non-land assets belonging to The Corporation.
4. LEGISLATIVE AUTHORITY
Municipal Act, 2001, S.O. 2001, c.25, as amended.
5. DEFINITIONS
“Act” – the Municipal Act, 2001, S. O. 2001, c .25, as amended.
“Appraisal” – a written opinion/letter of opinion as to the consideration that the Assets might be expected to realize if sold on the open market by a willing seller to a willing buyer.
“Asset” – Any tangible item of economic value owned by the municipality with a life expectancy greater than one year required for conducting normal operations.
“As Is – Where Is” A condition of a sale where an asset is being sold in its existing state and condition and the buyer accepts it with all its faults and defects, whether immediately apparent. No warranties are expressed or implied by the seller.
“Chief Administrative Officer” (CAO) – the Chief Administrative Officer of The Corporation.
“Clerk” – the Clerk of The Corporation.
“Council” – the Council of the Corporation of the Nation Municipality.
“Disposal” – the sale or exchange for other assets, or the lease of assets for a term exceeding 21 years, of any portion of The Corporation’s surplus assets but does not include the granting of an easement or a right-of-way.
“Local Board” – a local board as defined in the Municipal Act, 2001, S. O. 2001, c.25, as amended.
“Non-Capital Asset” – The following items are considered non-capital assets:
“Obsolete Assets” – Equipment in working order but no longer adequate to meet current operating
“Sale” – includes the sale, transfer, or conveyance of assets by The Corporation. Sale does not include a Quit Claim Deed made by The Corporation for the purpose of correcting or clarifying title or boundaries of its assets or of assets not owned by The Corporation.
“Salvaged Materials” – Re-claimed building materials from construction, renovation or demolition projects.
“Scrap” – Damaged or unusable equipment valued for its basic material content (eg, vehicle valued for metal content).
“Surplus Assets” – Equipment in good working order but no longer required by The Corporation.
6. RESPONSIBILITIES
Council– Approves this Policy and any amendments.
CAO – Oversees the implementation of the policy and reports to council.
Treasurer – In conjunction with the CAO, oversees the implementation of this policy and manages the financial aspects of the asset disposal.
Department Head – Determines which assets should be disposed of and assesses their value whenever feasible.
7. EXEMPTIONS
This policy does not apply to the following classes of asset disposals:
A Disposal of Assets pursuant to Section 110 of the Municipal Act, 2001, (municipal capital facilities).
A Disposal of Assets to be used for the establishment and carrying on of industries and industrial operations and incidental uses.
Disposals as part of a municipal tax sale pursuant to Part XI of the Municipal Act, 2001 (Sale of Assets for Tax Arrears).
Disposals conducted pursuant to a Planning Act application or approval, which Disposal is governed by a consent agreement, subdivision agreement, or site plan agreement.
Disposals to the Crown in the Right of Ontario or Canada, or any government agency or authority; and
Disposals of an easement to a public utility.
Disposals of municipal land.
8. SALE OF ASSETS PROCEDURES
The Municipality may dispose of assets when they are deemed surplus or no longer required.
When a Department declares an asset surplus or no longer required, it shall first be offered at to the other departments at fair market value or a price agreed upon by both departments as reasonable and fair.
When purchasing a comparable item, it will be permitted to give the item as a trade-in, subject to a reasonable credit from the supplier.
If equipment, furniture, machinery or other similar items become surplus to the needs of the Department and no other Department requires it and/or it cannot be given in as trade-in, the head of the Department shall submit for the CAO’s approval a form that will provide:
A full description of the item;
8.1 Consideration Prior to Disposal of Assets
A decision to dispose of an asset should only be made after a benefit and risk analysis of the proposed disposal, including consideration of the following factors with regards to the asset:
Before deciding whether to sell buildings, the Corporation’s council will receive and consider a report from the CAO, the Treasurer and/or the Head of Department involved. The report will include an assessment of relevant factors including those outlined above.
8.2 Preparing the Asset for Disposal or Sale
An inspection must be carried out to ensure assets do not contain:
Additional items not intended for sale;
9. SURPLUS ASSETS
Department Heads may submit to the Finance Department from time to time and upon request, a list of furniture, vehicles, equipment, stocks, and other assets, which are obsolete, damaged, or surplus to that Department ‘s needs (“Surplus Assets”).
All Surplus Assets shall first be offered to other Departments within the Corporation. Upon this first step, surplus assets to be offered outside the Corporation must be approved by the CAO.
All Surplus Assets not required by any Department of the Corporation may then be offered to public sector agencies and charitable organizations within the Township prior to any public disposal procedure, donation, or sale to area municipalities.
Subsequent to subsection (a) ii, surplus assets may be donated to non-profit agencies or nonprofit institutions for educational or teaching purposes only. Donated items shall not be resold.
Department Head shall have the authority to sell or dispose of all Surplus Assets, by sealed Bid or public auction through the municipal website or any other online classified site(s).
The respective Department shall be credited with the net proceeds, if any, from the Disposal of its Surplus Assets unless otherwise agreed.
Surplus Assets shall not be sold directly to an Employee or to a member of Council, although this does not prohibit any Employee or member of Council from Purchasing Surplus Assets being sold through a public process.
10. VALUATION, ASSETS OTHER THAN LAND
Where assets need to be valued, the CAO or the Treasurer shall select a method of valuation from the following, including but not limited to:
All such values shall be determined by an independent third party who does not have an interest in the disposal or purchase of the assets.
11. NOTICE
The CAO shall review the Department’s request and provide instructions as to the disposal of goods.
The disposal methods may include but are not limited to a public auction, a garage sale, newspaper advertisement, posting notice on the Municipality’s website.
This notice shall be given at least fourteen (14) days prior to the council meeting which includes this item on the agenda.
The notice shall include the following:
When the CAO and the Treasurer are of the opinion that the disposal method does not have to be opened to the public, a sale price shall be determined, and the item may be offered in the following priority order:
To address potential conflicts of interest, any staff interested in purchasing surplus assets must participate in the public disposal process.
Notwithstanding, the above order in which the item may be offered, cellular phones deemed surplus or no longer required shall first be offered for purchase at fair market value to the employee who previously used the device. Should the employee refuse to purchase the phone, disposal methods and procedures laid out in this policy will apply.
If the item cannot be sold for any reason, it may be offered free of charge to a non-profit community agency, as approved beforehand by the CAO.
If the item cannot be sold or given away, it may be discarded as approved by the CAO.
12. COSTS
The municipality may require the purchaser to be solely responsible for the municipality’s costs incurred to dispose of any Property, which costs may include but are not limited to legal, survey appraisal, removal of encumbrances, advertising and improvements, and administration fees.
13. METHODS OF SALE
Assets may be sold by public tender, by public auction, or assets exchange, or in such other appropriate manner as may be determined by the CAO.
13.1 SALE BY PUBLIC TENDER
If Assets are to be disposed of by public tender, the following shall apply:
Costs incurred or anticipated to dispose of the Assets such as legal fees, survey, Appraisal, encumbrances, administrative fees, advertising, and improvements shall be determined.
An estimated bid amount shall be determined which shall not be less than the appraised value plus the additional costs referred to in Section 10 above. Notwithstanding the foregoing, Council may accept an amount less than or higher than the estimated bid.
An advertisement shall be placed on the Municipality’s website and social media channels. The advertisement shall include a brief description of the asset and shall specify the final date that offers will be accepted and shall include the following statement “the highest or any offer may not necessarily be accepted”.
The tender documents shall be delivered in person to the Clerk’s office by the date and time specified on the notice. Tenders will be opened in public at the time prescribed on the last date for receiving tenders.
The tender documents shall be accompanied by a deposit of at least 20 per cent of the tender amount, which deposit shall be made by way of money order or by way of bank draft or cheque certified by a bank, trust corporation or Province of Ontario Savings Office.
A proposed Sale or Disposal of Assets will not proceed to Council for consideration until after twenty-one (21) days from the date on which the advertisement required by Section 11 above is made.
13.2 SALE BY PUBLIC AUCTION
If Assets is to be Disposed of by public auction the following shall apply
14. TERMS OF DISPOSITION
Upon approval or acceptance of the terms and conditions of a disposal by the CAO, the agreement of purchase and sale and any ancillary documents shall be prepared in consultation with the Municipality’s solicitor, as required.
15. ERRORS OR OMISSIONS
It is acknowledged that any error or omission in following the procedures and policies, which error or omission was not the result of bad faith on behalf of the Municipality, will not render such Disposal invalid or void.
16. POLICY REVIEW
The CAO and/or Treasurer shall review the effectiveness of this policy at least every five (5) years to ensure that it is aligned with current best practices and legislative requirements. The result of this review, along with any recommended changes, will be reported to Council for approval. Unless circumstances indicate that a review is required.
17. EFFECTIVE DATE
This amended Disposal of Non-Land Assets Policy shall take effect on August 12, 2024 and shall replace any former policies in place.
Policy Number: AD-2020-01
Department: Administration
Updated: October 18, 2021
POLICY STATEMENT
The Nation Municipality has Flags on Display at several installations and locations throughout its territory. This policy is a guideline on the raising and half-masting of Flags. Flag raisings enhance public awareness of activities occurring such as fund-raising drives, multi-cultural events and national days. Half-masting of national flags is a well-established procedure whereby countries bestow an honour and express a collective sense of sorrow such as in recognition of the death of prominent public figures. Flags will be flown at half-mast in accordance with the protocol established by the government of Canada.
DEFINITION
(A) Half-mast: the position of the Flag when flying at half-mast will depend on its size,
the length of the mast and its location; but, as a general rule, the centre of the Flag
should be exactly half-way down the mast. When hoisted to or lowered from halfmast position, a flag should be first raised to the masthead.
ADMINISTRATION OF THE POLICY
1) The Clerk be delegated authority to administer the Flag Raising/ Half-Masting Policy.
2) Notwithstanding any of the foregoing, the Mayor and/or The Nation Municipality Council may direct that a specific flag be flown/lowered, or not flown/lowered, on a specific date, in which event such direction shall supersede over any other direction contained in this policy.
FLAG PLACEMENT AND RAISING
1) The Nation Municipality’s installation and facilities may display the following flags:
a. National Flag of Canada;
b. Provincial Flag of Ontario;
c. The Nation Municipal Flag; d. Franco-Ontarian Flag;
2) The Canadian Flag should be given the place of honour when flown of displayed with other flags:
a. When two or more flags are flown together, the Canadian Flag should be on the left as seen by spectators in front of the flags; if a number of countries are represented, the Canadian Flag may be flown at each end of the line of flags;
b. Where there are poles of differing heights, the flags with the highest priority shall be flown on the highest flag poles, and the remaining flags shall revert to flag priority on the short flagpoles.
c. Where more than one flag is flown and it is impossible to hoist or lower at the same time, the Canadian Flag should be hoisted first and lowered last.
d. In all circumstances, the order of the flags shall reflect the hierarchy of the levels of government being represented.
e. In all circumstances, flags reflecting proclamations or special events shall be flown in the lowest position under the Municipal Flag. Where the Municipal Flag is not flown, special flags may be flown under the Provincial Flag.
3) The number of flags displayed is dependent upon the number of poles available.
4) Flags of non-partisan, non-profit, charitable organizations shall be flown at The Nation Municipality’s head office upon a written request to the Clerk submitted one month in advance on the understanding that the individual flag will not be flown for a period longer than one week. The request will be presented to Council for approval.
5) Conflicts between the date requested by two or more nations, ethnic groups or non-partisan, non- profit, charitable organizations, will be settled in favour of the nation or group which first made its request.
6) When a request is approved, the special occasion flag will be flown at The Nation’s head office at 958 Route 500 West in Casselman. The municipality’s flag will be replaced by the special occasion flag and flown for not more than 7 calendar days.
FLAGS HALF-MAST
1) Flags at The Nation Municipality’s head office and all its associated facilities, including Fire Stations, shall be flown at half-mast in recognition of the death of prominent public figures in accordance with the protocol established by the government of Canada. Flags shall be flown at half-mast in the event of the death of:
a. The Queen;
b. An immediate relative of the Queen;
c. The current or former Governor General of Canada;
d. The current or former Prime Minister of Canada;
e. The current or former Lieutenant Governor of Ontario;
f. The current or former Premier of Ontario. A local MP or MPP;
g. The current or former Mayor of The Nation Municipality;
h. A current or former Council member of The Nation Municipality;
i. Employees of the The Nation Municipality;
j. The Nation Fire Department’s firefighters.
2) When recognizing the death of an individual, the flags will be lowered to halfmast position on the day of the death, and raised the day following the funeral.
3) Flags at The Nation Municipality and all its associated facilities, including Fire Stations, shall be flown at half-mast to commemorate the following special days in accordance with the protocol established by the government of Canada:
a. April 28, National Day of Mourning for Workers Killed or Injured on the Job
b. November 11, Remembrance Day
c. December 6, National Day of Remembrance and Action on Violence against Women.
d. Second Sunday in September, Firefighters’ National Memorial Day, unless Half-masting occurs near the place where a memorial is being observed, then Half-masting can occur according to the prescribed order of service, until sunset;
4) Flags that are flown at The Nation Municipality’s Head Office at half-mast to commemorate the above- noted special days will be lowered to half-mast position at the start of the business day and raised at the close of the business day.
5) The Head of Council / Mayor of The Nation Municipality and the Clerk have the discretionary authority to approve the half-masting of flags in the event of a local, provincial or national tragedy or a solemn occasion.
6) On occasions requiring that one flag be flown at half-mast, all flags flown together should also be flown at half-mast.
REQUESTS FOR FLAG RAISING
1) Flag raising requests from ethnic groups or non-partisan, non-profit charitable organizations, should be submitted in writing to the Clerk one month in advance and will be confirmed on a first come first served basis.
2) The flag that is being requested to be flown must be personally delivered or mailed to the attention of the Clerk.
3) The Clerk will contact the appropriate staff who will be responsible for raising the flag on the appropriate day.
REQUESTS FOR THE MAYOR AND MEMBERS OF COUNCIL TO PARTICIPATE IN A FLAG RAISING CEREMONY
1) Requests for the Mayor and Members of Council to participate in a flag raising ceremony should be submitted in writing to the Clerk one month in advance.
2) The flag being requested to be flown must be personally delivered or mailed to the attention of the Clerk.
3) The Clerk will forward the request to council and a date and time will be scheduled for the flag raising ceremony.
4) The Clerk will contact the appropriate staff who will be responsible for raising the flag at the ceremony.
5) The individual and/or group requesting the flag raising ceremony will be responsible for photographs, if required.
6) The Communications Department will be responsible for related media releases.
REQUESTS TO HOLD A RECEPTION FOLLOWING A FLAG RAISING CEREMONY
1) Requests to hold a reception at The Nation Municipality’s Head Office or other recreational facility at “no charge” for the facility following a flag raising ceremony should be submitted in writing to the Clerk one month in advance and will require Council approval.
2) It will be the responsibility of the individual and/or group that requests a reception to be held following a flag raising ceremony to:
a. Arrange for hall availability, if applicable.
b. Request any furniture, such as tables, that may be required for the event.
c. Arrange for catering.
d. Arrange for a photographer, if required.
DISPOSALE OF FLAGS
1) When a flag becomes tattered and is no longer in a suitable condition for use, it should be destroyed in a dignified way.
2) A flag is considered to be tattered or worn when the colour has faded, it has developed a hole, or the outermost seam (fly) of the flag has become frayed. When a flag is no longer in a suitable condition for use, it should be disposed of in a dignified manner.
3) Disposal of such flags may be handled in the following manner:
4) Return flag(s) to participating retail stores who will dispose of them;
5) Flags made of natural fibres (wool, cotton, linen) should be burned in a dignified manner; privately without ceremony or public attention being drawn to the destruction of the material;
6) Flags made of synthetic materiel (nylon or polyester) should be respectfully torn into strips, with each element of the flag reduced to a single colour, so that the remaining pieces do not resemble a flag. The individual pieces should then be placed in a bag for disposal – the shreds of fabric should not be re-used or fashioned into anything.
CANADIAN POLICY OF FLAG RAISING AND HALF-MASTING
1) For any situation not described in this policy, the Municipality will follow the policy as established by the Government of Canada. Please see the following websites:
a. Position of honour of the National Flag of Canada (https://www.canada.ca/en/canadian-heritage/services/flag-canadaetiquette/position-honour.html)
b. National Flag of Canada Etiquette (https://www.canada.ca/en/canadianheritage/services/flag-canada-etiquette.html)
THE CORPORATION OF THE NATION MUNICIPALITY
POLICY ON THE INTEGRATED ACCESSIBILITY STANDARDS UNDER THE ACCESSIBLITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
Effective Date: January 30, 2023
This policy is consistent with the Integrated Accessibility Standards made under the Accessibility for Ontarians with Disabilities Act, 2005, as amended from time to time (the “AODA”).
Purpose
The Nation Municipality is committed to maintaining an accessible environment for persons with disabilities in the delivery of its services and facilities, and in its employment practices. We are committed to meeting the needs of people with disabilities in a timely manner and will do so by preventing and removing barriers to accessibility and by meeting the accessibility requirements under the AODA.
Applicability
This policy applies to employment with the Nation Municipality and to all municipal services and facilities that are provided externally to the public or to third parties.
This policy applies to all municipal employees and volunteers, as well as all persons who participate in developing in the municipal policies, practices and procedures and all persons who provide services or facilities on behalf of the municipality.
Definitions
For the purpose of this policy:
Disability means:
a) Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
b) A condition of mental impairment or a developmental disability;
c) A learning disability, or a dysfunction in one or more of the processes involved in understating or using symbols or spoken language;
d) A metal disorder; or
e) An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
Policy
Please see the Nation Municipality’s Policy on Accessibility Standards for Customer Service.
The Nation Municipality will incorporate accessible criteria and features when procuring or acquiring goods, service, or facilities, including self-service kiosks. If it is not practicable to do so, the municipality will provide an explanation upon request.
The Nation Municipality is committed to meeting the communication needs of people with disabilities. We will communicate with people with disabilities with sensitivity and in ways that take into account their disability. We are available to answer any questions that members of the public may have in person, by telephone, or via email.
The Nation Municipality will post a notice on its website notifying the public of the availability of accessible formats and communication supports. When asked, we will arrange for the timely provision of accessible formats and communication supports where necessary, at no additional cost. This includes publicly available information about our services, as well as publicly available emergency information, and any feedback processes that may be offered from time to time. We will consult with people with disabilities to determine their information and communication needs. If the municipality determines that the information requested cannot be provided in an accessible way, the municipality shall advise the person who has requested the information with an explanation as to why the information could not be provided, together with a summary of the information.
Our website and web content conform with the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0, at Level AA.
Please see the Nation Municipality’s Statement of Policy and Procedure: Accommodation on the Basis of Disability and Accessible Employment.
Please see the Nation Municipality’s Policy on Training on the Integrated Accessibility Standards.
The Nation Municipality will comply with the Accessibility Standards for the Design of Public Spaces if it makes major changes to an existing – or constructs a new – public space that is covered by that Accessibility Standard.
Modifications to This or Other Policies
Changes will not be made to this policy unless the impact of the changes on persons with disabilities has been considered.
Any municipal policy that does not respect and promote the dignity and independence of persons with disabilities will be modified or removed as required.
The Nation Municipality
Policy Number: AD-2018-01
Policy: Municipal Donation Policy
Effective Date: January 29th, 2018 (Resolution 66-2018)
Amended: March 19th, 2018 (Resolution 137-2018)
Amended: January 15th, 2024 (Resolution 25-2024)
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:
Council reserves the right to consider exceptions if the proposed initiative demonstrates significant community benefit, prioritizing the greater community welfare over exclusive group interests.
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.
If the amount requested and given is more than $500.00, the administration reserves the right to request a report detailing how the funds were spent.
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.
Additional Funds
The members of Council reserve the right to allow additional donations to the groups listed in Annex “A” if they judge that the project benefits the community.
Applications may be submitted one of the following ways:
Deadline
To aid in fund allocation planning, we ask that all application forms be submitted by January 30th of that year. A second round of applications will be processed if received by June 30th of that year.
Other requests may be reviewed anytime during the year at the discretion of Council.
The Council meetings are listed in community events calendar: The Nation Municipality – Community Events Calendar
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.
Annex A
Section A: The following groups, located in The Nation Municipality, will be automatically given a donation at the beginning of the year, to be taken from the United Counties of Prescott & Russell donation account. The amount is to be decided by the Council members at the beginning of the year by resolution.
Seniors’ Groups
Optimist Clubs
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 :
Inactive Groups
Groups who are inactive at the time of the resolution will not be given any donation.
Additional Donations
The members of Council reserve the right to allow additional donations to the above groups if they judge that the project benefits the community.
Policy Number: REC-2023-02
Department: Recreation
Subject: Parks Infrastructure
Date: October 26th 2023
POLICY STATEMENT
The Nation Municipality has 10 municipal parks and 2 walking trails located throughout its territory. This policy is a guideline for the replacement of existing infrastructure located within the parks and for the creation and/or purchasing of new recreation infrastructures.
Like many municipalities in Ontario, the Nation is faced with aging infrastructures since the majority of recreation facilities and parks were established between 30 – 40 years ago through capital funding programs. Antiquated park infrastructure reduces user satisfaction and subsequent use of older amenities, limits the ability to appeal to and to accommodate growing family needs, diversity of use and accessibility.
ADMINISTRATION OF THE POLICY
The Recreation Department will be responsible for the inventory, identification and prioritization of park infrastructure/equipment. Proposals that include the creation or purchasing of new park infrastructure or trails will be evaluated, prioritized and recommendations will be made to Council.
REPLACEMENT OF EQUIPMENT/PARK INFRASTRUCTURE
Conditions:
NEW PARK INFRASTRUCTURE, UPGRADING OF EXISTING INFRASTRUCTURE AND/OR CREATION OF NEW TRAILS
A) ELIGIBLE FOR 100% MUNICIPAL FUNDING
Conditions:
B) ELIGIBLE FOR PARTIAL MUNICIPAL FUNDING WITH A COMMUNITY LED INITIATIVE AND PARTNERSHIP
Conditions:
4.The community partner must submit a business plan for their fundraising which will be approved by the Municipality.
5. The President and the treasurer of the community partner will sign an agreement with the Municipality for the amount that the community partner will contribute to the project.
6. The Municipality may allow a maximum of a two-year period for the community partner to raise funds (if it is not a Council election year).
7. In kind contributions can be calculated into the percentage of the contribution from the community partner up to a maximum of 50% of the expected contribution.
Example for a $50,000 project – total contribution is $15,000 but $7,500 may be an in-kind contribution of labour or material and the balance of $7,500 a monetary donation.
8. In kind contributions will be evaluated based on comparable quotes for the cost of labour or material and will be approved by the Municipality.
Fill the Recreation Budget Form below and submit to the recreation department.
Carol Ann Scott
cscott@nationmun.ca
Accessible format available upon request.
Recreation Budget FormFinance Department Policy
Policy number: F-2024-01
Policy name: Procurement of Goods and Services Policy
Adopted on: August 12, 2024
By-law number: 103-2024
1. POLICY STATEMENT
This policy shall ensure that all purchasing activities are conducted in a manner that is open, fair, and transparent, and that they achieve the best value for the Corporation. This policy is designed to maximize efficiencies and foster innovation within the procurement process, while adhering to all applicable laws and trade agreements. The Corporation is committed to ethical procurement practices that support local economic development, environmental sustainability, and social responsibility.
2. SCOPE
This policy applies to all Departments and all staff who make purchases.
3. LEGISLATIVE AUTHORITY
Section 270(1) of the Municipal Act, 2001 as amended provides that a municipality shall adopt and maintain policies with respect to its procurement of goods and services. Section 227 of the Act requires officers and employees to implement Council’s decisions and establish administrative practices and procedures to carry out Council’s decisions.
4. DEFINITIONS
For the purposes of this policy:
“Award” is when the contract has been signed by both the vendor and The Nation.
“Bid(s)” means a proposal from a prospective supplier in response to a Request for Quotation, Tender or other proposal for the purchase of goods or services issued by the Municipality which is subject to acceptance or rejection. Bidder” means any proponent, respondent, or other person or entity who has obtained official Procurement documents for the purpose of submitting or who has submitted a Bid in response to a Bid request.
“Bid Deposit” means a financial guarantee to ensure that the successful bidder will enter into an agreement.
“Community centres” refers to the Fournier, Limoges, St-Albert, St-Bernardin (Caledonia), and St-Isidore community centres where events can be held. These centres have a bar at which a cash register/drawer are used for sales during events.
“Bid Request” means all documents which solicit a response with respect to supplies or services including, but not limited to, a Request for Information, Request for Proposal, Request for Qualifications, Request for Quotations or a Request for Tender.
“Construction” means construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, supply of products and materials and supply of equipment and machinery to the construction, installation and repair of fixtures of a building, structure or other civil engineering or architectural work, but does not include professional services related to the construction contract unless included in the procurement.
“Cooperative Purchases” means the process by which multiple municipalities or public agencies aggregate their purchases to form a large group with similar buying needs thus allowing them to secure better prices and services due to the increased volume of purchase. This allows better value in procurement activities while adhering to the applicable trade agreements and regulations.
“Contract” means a formal written or spoken sales agreement. In the context of this policy, an email confirming purchase shall serve as a form of contract. A contract is not required for all purchases but could be entered into or obtained for a purchase, as required by for the type of purchase.
“Corporation” means the Corporation of The Nation Municipality unless stated otherwise.
“Council” means the Council of the Corporation of The Nation Municipality.
“Department Head” means the person responsible for the management and operational control of a Department within the Municipality.
“Designated Employee” means an employee designated by a Department Head and approved by the Chief Administrative Officer to exercise any or all of the responsibilities with respect to this policy.
“Emergency Purchase” means a situation where, in the opinion of the Chief Administrative Officer or the Department Head, the immediate purchase of goods and services is essential. Such a situation shall include a need to prevent an imminent or actual danger to the life, health or safety of a municipal employee or of the public, to prevent delays in service delivery, to prevent or remedy damages to municipal properties or to restore an essential service and may include, but is not limited to, an emergency declared under the Emergency Management Act.
“Finance Department” means the finance department of the Municipality.
“Formal Bid Request” means all documents which solicit a formal written response in a sealed envelope with respect to supplies or services, including but not limited to, a Request for Information, Request for Proposal, Request for Qualification or a Request for Tender.
“Invoice” means a document showing the details and the cost of goods purchased and/or services received from a supplier.
“Invoice Approval” means the procedure required by the Finance Department of the Municipality to ensure the required approvals are applied to an invoice.
“Original Invoice” means a document clearly identifying the supplier, is addressed to the Municipality, shows the sales tax charged on goods and services (HST) along with the tax number. Faxed and emailed invoices are accepted.
“Partner” means a corporation or a community agency with which an agreement is currently in place for the exchange or delivery of good and/or services.
“Piggybacking” means using the procurement contacts of another municipality, public agency, or cooperative group. This allows the municipality to “piggyback” on the contract terms, which have already been competitively solicited, to obtain goods or services without going through its own separate bidding process.
“Pooled Assets” means assets that are grouped together based on similar characteristics such as nature, types of product or service, and other traits. This grouping is done to obtain better purchasing power often in terms of volume discounts. Individually, these assets may have a low monetary value, but when aggregated, they can represent a significant total value.
“Quotation” means a response to a Request for Quotation for prices for specific goods and/or services from selected suppliers, submitted in writing as specified in the Request.
“Record of Tender Opening” means a document that records the bids at a public opening of bids.
“Request for Information (RFI)” means a process where information is requested from suppliers regarding the feasibility and availability of specific goods and/or services in the marketplace and to determine if there are enough suppliers to justify a Request for Proposal. The responses to an RFI can be used to pre-qualify suppliers for an upcoming Request for Proposal. “Request for Proposal (RFP)” means a formal request for details on the supply of goods or the provision of services which cannot be fully defined or specified at the time of request.
“Request for Qualification” means a document used for evaluating suppliers based on issues such as capacity, adequacy of personnel, past record, experience, etc. The responses to an RFQ can be used to pre-qualify suppliers for an upcoming Request for Proposal.
“Request for Quotation (RFQ)” means a document describing the supplies and services required and requiring written response by either mail, email or facsimile.
“Request for Tender (RPT)” means a formal, publicly advertised request for sealed bids for the supply of goods and/or services.
“Scope of work” is the work that has been described in a bid solicitation that must be done to deliver the good and/or services with the specified features and functions within the time, quality and price specified.
“Sealed Bid” means a bid submitted in a sealed envelope.
“Services” means requirements that are not goods or supplies.
“Single Source” means only one supplier is recommended for providing a particular product or service for operational reasons, even if there is more than one source on the market. This indicates a non-competitive purchase.
“Sole Source” means that there is only one known source of a particular product. This product could be copyrighted or trademarked or is simply not available for general purchase.
“Successful Bidder” means the bidder selected by the Municipality to provide goods and/or services based on this procurement process.
“Supplier” means any person or company supplying goods and/or services to the Municipality.
“Supplies” means goods, items, merchandise, material and equipment.
“Two-envelope Bid” means the process of submitting the bid in two envelopes with technical and qualitative information in the first envelope and the bid price in the second. Schedules A, B, C, D, E, and F attached hereto form part of this policy.
5. ADMINISTRATION
This policy is administered by the Finance department.
6. POLICY
6.1 PROCUREMENT PRINCIPLES
The procurement activities of The Nation shall be guided by the following principles:
a) Transparency: All procurement processes shall be transparent and open to competition, ensuring equal opportunities for all qualified supplier
b) Fairness: Procurement decisions shall be made impartially and without bias, based on predetermined evaluation criteria.
c) Value for Money: The primary objective of procurement shall be to obtain the best value for money, considering quality, cost, and other relevant factors.
d) Accountability: Procurement activities shall be conducted in a manner that ensures accountability to taxpayers and stakeholders.
6.2 PROCUREMENT PROCESS
a) Planning: Prior to initiating any procurement activity, departments shall conduct thorough planning to identify needs, assess requirements, and develop specifications. When considering procurement options, departments may explore the use of procurement groups such as Canoe to leverage collective purchasing power, streamline processes, and achieve cost savings.
b) Solicitation: When procurement needs arise, departments may utilize Canoe or other procurement groups to facilitate the solicitation process. This may include issuing requests for proposals (RFPs), requests for quotations (RFQs), or requests for information (RFIs) through Canoe’s platform. Departments shall ensure that solicitation documents clearly specify the use of Canoe or other procurement groups, including any specific procedures or requirements associated with such procurement.
c) Evaluation: All submissions received through Canoe or other procurement channels shall be evaluated based on predetermined evaluation criteria, which may include price, quality, delivery time, and other relevant factors. Departments shall ensure that evaluations are conducted in accordance with established procedures and that all suppliers are treated fairly and equitably.
d) Award: The award of contracts shall be made to the supplier(s) offering the best value for money, as determined through the evaluation process. Contracts may be awarded directly through Canoe or through other procurement mechanisms, as deemed appropriate. Departments shall ensure that contract awards are made in compliance with applicable laws, regulations, and organizational policies.
e) Contract Management: Upon award, contracts shall be managed in accordance with established contract management procedures, ensuring compliance with terms and conditions, monitoring performance, and addressing any issues that may arise. Departments shall collaborate with Canoe or other procurement groups as necessary to effectively manage contracts and ensure the delivery of goods or services in accordance with contractual requirements.
6.3. APPLICATION
a) The policies and procedures outlined in this policy, including all purposes, goals and objectives of Section 1 shall be followed for the purchase of goods and/or services by The Corporation or any of its officers, servants, or employees.
b) The methods of purchasing set of in section 6 shall not apply to the purchase of goods and services outlined in Schedule F. This provision provides authority for the purchase of goods and services outlined in Schedule F if the funding is available in the budget.
c) Any contracts necessary to complete the purchase of good and/or services outlined in Schedule F shall be signed by the CAO or the appropriate signing authority as set out in The Corporation’s delegation of authority by-law.
d) Purchases may be made only when:
i. The contract (if applicable) has been prepared in a form satisfactory to the department head and/or CAO;
ii. Any financial securities and insurance required under the contract are satisfactory to the Treasurer; and
iii. Funding is available in the budget for the purchase.
6.4 PURCHASE AND AUTHORIZATION RESPONSIBILITIES
6.4.1. COUNCIL
a) Council has ultimate authority for all expenditures. This authority is delegated by approval of budgets or by a specific resolution. The Finance Department is not authorized to pay for items that have not been authorized through budget or resolution.
b) Despite any other provisions in this Policy, the following contracts are subject to Council approval:
i. Any contract requiring approval from the Ontario Municipal Board;
ii. Any contract requiring approval from the Local Planning Appeal Tribunal;
iii. Any contract prescribed by Statute to be awarded by Council;
iv. Where the cost or revenue amount proposed for acceptance is higher than the Council approved department estimates and the necessary adjustments cannot be made;
v. Where a contract is a result of a public private partnership (“P3) opportunity.
c) No provision in this Policy precludes a Department Head from submitting a recommendation to award to Council where in the opinion of the Department Head and the CAO it is in the best interest of the Municipality to do so.
6.4.2. CAO
a) Has the authority to instruct department heads not to award contracts and to submit recommendations to Council for approval and may provide additional restrictions concerning procurement where such action is considered necessary and in the best interest of The Nation.
b) Contracts are subject to the CAO’s approval, when a major irregularity precludes the award of a tender to the Supplier submitting the lowest responsive Bid.
6.4.3. DEPARTMENT HEADS
a) Department Heads are responsible for procurement activities within their department and are accountable for achieving the objectives of this procurement policy.
b) Department Heads have the authority to award contracts in the circumstances specified in this policy provided that the delegated power is exercised with the limits prescribed in this policy and that all requirements of this policy are met.
c) Department Heads shall ensure and provide evidence, if needed, to the CAO that the contract pricing represents fair market value.
d) Department Heads are responsible for approval of accounts within their approved budget for their department and for any amendment thereto as approved by Council resolution.
e) Resolutions approving budget amendments or special appropriations shall contain a description of the purpose of the expenditure, cost estimates or expenditure limitation and the fund within which an appropriation has been provided. All reports by Department Heads recommending such resolutions shall be submitted to the CAO.
f) A Department Head may delegate his authority to a supervisor or designate provided the designate follows the requirements of this Policy. The Finance Department shall be informed of all such appointments.
6.5. REQUIREMENT FOR APPROVED FUNDS
a) The exercise of authority to award a contract is subject to the identification and availability of sufficient funds in appropriate accounts within the budget.
b) Where goods and/or services are routinely purchased or leased on a multi-year basis, the exercise of authority to award a contract is subject to the following:
i. The identification and availability of sufficient funds in the appropriate accounts for the current year within the budget;
ii. Where the goods and/or services will continue to be required in subsequent years, in the opinion of the Treasurer the required funding can be reasonably expected to be made available; and
iii. The contract includes a provision that the supply of goods and/or services in subsequent years is subject to the approval by Council of the budget estimates to meet the proposed expenditures.
iv. Advertising is not required for services that may be provided only by any of the following licensed professionals: engineers, land surveyors, architects, laboratory professionals, accountants, lawyers, and paralegals.
6.6. PURCHASING MECHANISMS
The estimated expenditure value of the goods and/or services requirement will determine the purchasing mechanism to be used as per Schedule “A” “Methods of Procurement”.
6.6.1. PETTY CASH
a) The purpose is to provide the possibility for each department to purchase goods less than $149.99 by way of a petty cash fund.
b) The Treasurer shall have the authority to establish the petty cash funds in such amount as deemed required by a Department.
c) All purchases made from petty cash shall be approved and coded by the Department Head and submitted to the Finance Department.
6.6.2. CREDIT CARDS
a) The purpose is to provide Departments with a simplified system for the purchase and payment of goods and/or services not exceeding $10,000.00.
b) All purchases made with the credit card shall be approved and coded by the Department Head and submitted to the Finance Department.
c) The Treasurer shall have the authority to establish the maximum spending limit on the credit card in amounts as deemed required by the Department.
6.6.3. SUPPLIER CARDS / ACCOUNTS
a) The purpose is to provide Departments with a simplified system for the purchase and payment of goods and/or services generally not exceeding $150,000.00.
b) All purchases made with the supplier card or charged to a supplier account shall be approved and coded by the Department Head and submitted to the Finance Department.
c) The Treasurer shall have the authority to request maximum spending limits on the supplier cards or accounts in amounts as deemed required by the Department.
6.6.4. CONTRACT
a) A Department Head or Designate shall be authorized to make purchases of goods and services for estimated expenditures exceeding $10,000.00 but not exceeding $150,000.00 from a supplier through the use of a contract, whether formal or informal.
b) All purchases agreed to by way of a contract shall be approved and coded by the Department Head and submitted to the Finance Department.
6.6.5. REQUEST FOR QUOTATION (RFQ)
a) A Department Head or Designate shall be authorized to make purchases of goods and services for estimated expenditures exceeding $25,000.00 but not exceeding $150,000.00 from a supplier subject to first obtaining three (3) written quotes whenever possible or a Request for Tender. RFQ documents and specifications (as applicable) may be issued by the Department by mail, email and/or facsimile.
b) When the selected quote or tender exceeds the approved budget by 10%, the Department Head shall submit a report to the CAO and Council for direction and/or approval in accordance with this Policy.
6.6.6. REQUEST FOR TENDER (RFT)
a) The overall objective is to obtain the goods and/or services at the best price from an appropriately qualified supplier. The RFT documents and specifications (as applicable) shall include the requirements as per Schedule B “Request for Tender”.
b) A Department Head or Designate shall not purchase goods or services exceeding $150,000.00 without requesting and obtaining sealed tenders unless specifically authorized by Council resolution to do otherwise. A least three (3) tenders shall be obtained whenever possible.
c) When several departments come together to make purchases of the same type, the value of a minimum of $150,000.00 will be calculated by department rather than for the total group purchase.
d) When the selected tender exceeds the approved budget by 10%, the Department Head shall submit a report to the CAO and Council for direction and/or approval in accordance with this Policy.
e) When the RFT process is completed but the purchase is postponed, the tender results may be used for a twelve (12) month period providing the pricing remains available. When the purchase is made within the twelve months and the amounts are budgeted, the RFT process will continue as if no interruption had taken place. When the purchase is made within the twelve months, but the amount exceeds the budget, the Department Head shall submit a report to the CAO and Council for approval. If the purchase is made after the twelve-month period, the Request for Tender process must be repeated.
6.6.7. REQUEST FOR PROPOSAL (RFP)
a) The overall objective is to obtain the required goods and/or services at the best price from an appropriately qualified vendor. The RFP documents shall include the main requirements as per Schedule C “Request for Proposal”.
b) A Department Head shall not purchase goods and/or services exceeding $150,000.00 without requesting and obtaining sealed proposals for goods and/or services unless specifically authorized by Council resolution to do otherwise. Whenever possible, at least three (3) proposals must be obtained.
c) A Department Head may use an RFP instead of a RFQ or a RFT when goods or services cannot be precisely stipulated, or when alternative methods are being sought to meet certain requirements of the Municipality.
d) A Department Head may choose not to open the proposals publicly when a RFP is used.
e) Proposals may be evaluated with a scoring system where the price is one of the evaluation criteria. In this case, the proposal achieving the highest score based on the set criteria will be awarded the contract, even if it is not the lowest bidder.
f) A two-envelope proposal process may be used for RFP. Each proposal is submitted in two envelopes with technical and qualitative information shown in the first envelope and the proposal price in the second. The bidder’s second envelope is opened only if the first envelope demonstrates that the bidder is qualified. There will be no public opening when a two-envelope process is used.
g) When the selected proposal exceeds the approved budget by 10%, the Department Head shall submit a report to the CAO and Council for direction and/or approval in accordance with this Policy.
6.7. NON-COMPETITIVE PROCESS
a) A non-competitive process shall only be used if one (1) or more of the following conditions apply and a process of negotiation is undertaken to obtain the best value in the circumstances for the Corporation.
i. For any acquisition under $10,000;
ii. When the proposed acquisition is a Sole Source acquisition due to:
a. a statutory or market-based monopoly;
b. rarity of supply in the market;
c. the existence of exclusive rights such as patent, copyright, or licence; or
d. the complete items, Services, or systems being unique to one (1) Supplier and no alternatives or substitutes existing within Canada.
b) When the proposed acquisition is a Single Source acquisition and one (1) or more of the following reasons for selecting a particular Supplier apply:
i. the need for compatibility with goods/Services previously acquired and there are no reasonable alternatives, substitutes, or accommodations;
ii. the need to avoid violating warranties and guarantees where Services/support is required;
iii. the extension of an existing Contract would prove more cost-effective or beneficial;
iv. due to market conditions, required goods/Services are in short supply;
v. the required goods/Services are to be supplied by a particular Bidder having special knowledge, skill, expertise, or experience, which cannot be provided by any other person; or
vi. the nature of the requirement is such that it would not be in the public interest to solicit competitive Bids, as in the case of security or confidential matters.
c) An attempt to purchase the required goods/Services has been made in good faith, using a competitive Bid process, and has failed to identify a Successful Bidder.
d) The required goods/Services are to be supplied because of an emergency as covered under section 6.14.
e) Where it is deemed to be in the best interests of the Corporation to negotiate with the Bidder as covered under section 6.15.
f) A Sole and Single Source listing will be maintained by each head of department for their department. This list will be submitted to the Finance department annually and can be presented to Council upon request.
g) All non-competitive purchases over $100,000 for Goods and Services and over $250,000 for construction must be recorded in the electronic tendering system as an awarded Contract. To meet the reporting requirements from the Trade Agreements in place, regarding the use of limited tendering for purchases at/or above the threshold, the following information shall be entered into the electronic tendering system:
i. the name of Supplier;
ii. the value of the Procurement;
iii. the kind of goods and services procured; and
iv. the circumstances and conditions under which the limited tendering exception is claimed.
h) In order to ensure proper use of non-competitive purchasing, a post-purchase review will be conducted
6.8. STANDING OFFERS
a) The purpose of a Standing Offer is to facilitate the purchase of Goods and Services to be supplied on an ongoing basis at a predetermined amount over a defined period.
b) The Department Head may establish Standing Offers using the applicable bid mechanism based upon the estimated annual expenditure. Standing Offers may also be coordinated and issued by the Finance Department for all municipal departments as applicable.
c) Standing Offer terms shall not exceed 48 months period from the date of the Standing Offer approval, with the potential extension of an additional 24 months.
d) Employees shall submit a Declaration of Interest letter when submitting a Bid for a Standing Offer.
6.9. COOPERATIVE PURCHASING
a) The Corporation may participate in cooperative purchasing where it is in the best interest of the Corporation to do so, and the policies of the cooperative purchase venture are consistent with the Corporation’s Procurement Policy.
b) Where other government agencies have included a piggyback clause in their bid request, and with the contractor(s) approval, the Corporation may piggyback on other government agencies contracts, where it is in the best interest of the Corporation to do so. The Corporation may also allow other government agencies to piggyback contracts established by the Corporation with the approval of the Corporation’s selected Contractor(s).
6.10. DISCRETIONARY POWER
a) Bidders shall acknowledge that the Municipality shall have the right to reject any or all bids for any reason, or to accept any bid which the Municipality in its sole unfettered discretion deems most profitable. The lowest bid, or any bid, will not necessarily be accepted and the Municipality shall have the unfettered right to:
i. Accept a non-compliant bid;
ii. Accept a bid which is not the lowest bid;
iii. Reject a bid that is the lowest bid even if it the only bid received;
iv. Request clarification or further information regarding any item in a bid;
v. Consider any alternate goods, services, terms or conditions that may be offered, whether such offer is contained in the bid or not;
vi. Breakdown a RFP/RFT or any agreement negotiated in connection with same, into multiple parts and accept proposals (or portions thereof) from more than one bidder;
vii. Enter into negotiations, at any time before or after a proposal submission deadline, with anyone, in relation to the subject matter hereof;
viii. If applicable, reject any bidder’s recommendation of any subcontractor or any other third party associated with a bid and jointly, along with such bidder, determine alternate acceptable third parties;
ix. Extend or otherwise vary the proposal submission deadline, or any other timeline set out with the RFT/RFP;
x. Revise or modify the RFT/RFP;
xi. Withdraw or cancel the RFT/RFP in whole or in part, whether having received any response thereto or not;
xii. Waive any of the stated requirements set out in a RFT/RFP or request non-compliant proponents to rectify any non-compliance within such time as the Municipality may require.
b) During the evaluation of the bids, the municipality reserves the right to consider:
i. Information provided in the bid document itself;
ii. Information provided in response to credit and industry reference enquiries set out in the bid;
iii. Information received in response to enquiries made by the municipality or third parties, apart from those disclosed in the bid in relation to the reputation, reliability, experience and capabilities of the bidder;
iv. The manner in which the bidder provides services to others;
v. The experience and qualifications of the bidder’s senior management and project management;
vi. The bidder’s compliance with the municipality’s requirements and specifications; and innovative approaches proposed by the bidder in the bid.
c) The bidder acknowledges that the municipality may rely upon criteria which the municipality deems relevant, even though such criteria may not have been disclosed to the bidder. By submitting a bid, the bidder acknowledges the municipality’s rights under this section and absolutely waives any right, or cause of action against the municipality and its consultants, by reason of the municipality’s failure to accept the bid submitted by the bidder, whether such right or cause of action arises in contract, negligence or otherwise.
6.11. BID CLOSING AND OPENING
Schedules D and E attached hereto will establish appropriate procedure for submitting bids and procedure for bid irregularities.
6.12. CONDITIONS APPLICABLE TO ALL BIDS
The following conditions apply to all bids:
a) Bid documents must be submitted and received in the manner specified in the bid request document. No exceptions will be permitted.
b) Bids received at the designated location later than the specified closing date and time will be returned to the bidder. In the case of sealed bids, the bid will be returned to the bidder unopened. No exceptions will be permitted.
c) A bidder who has already submitted a bid may submit a further bid at any time up to the official closing time. The last bid received will supersede and invalidate all bids previously received from that bidder.
d) A bidder may withdraw its bid at any time up to the official closing time by letter bearing its signature and addressed to the CAO.
e) The CAO or designate must complete Form 2 “Statement of Receipt”.
f) All bids shall first be checked by the Department Head or his designate to ensure that:
i. The bidder’s name and information included in Form 2 “Statement of Receipt” are correct;
ii. Form 1, “Statement by Bidder” is signed by the bidder and sealed if the bidder is a corporation or, witnessed if the bidder is an individual;
iii. The correct form has been used;
iv. Any other form as requested in the bid request has been included;
v. Each bid envelope is time and date stamped prior to the bid closing time;
vi. The bid deposit is sufficient and in acceptable form;
vii. Each item of the bid request has been bid;
viii. All extensions and totals for each bid are correct. If an extension or total is incorrect, the employee shall cross out the incorrect figure, enter the correct figure in red and initial the entry. The employee shall initial each bid adjacent to the total certifying that it has been checked and is correct.
ix. The bid is free of restrictions or alterations except for those in Section 6.9,f,viii above.
x. All other bid request requirements have been met.
g) Bids may be rejected for the reasons specified in Schedule E “Bid Irregularities Summary”.
6.13. NO-COST PROCUREMENT
a) A “no-cost” Procurement is Procurement for goods, Services, or Construction where the Corporation will not bear any cost (expense or capital expenditure).
b) These types of Procurement include:
i. Revenue-generating opportunities, and/or
ii. Cost passed through to a third (3rd) party.
c) “No-cost” procurement must be acquired in the same manner and using the same procurement methods and corresponding approval requirements as any procurement that has a cost to the Corporation, depending on the value of the no-cost procurement.
6.14. PURCHASE OF USED EQUIPMENT
a) Provided that such expenditures have been approved in the budget, a Department Head or Designate is authorized to purchase used equipment that is sold by other municipalities, by private sale or public auction, sold through a vendor or licensed to sell equipment, by sealed bid or by negotiation, provided that:
i. The equipment meets or exceeds the departmental requirements;
ii. It is documented that it is financially profitable to purchase a used piece of equipment rather than purchase new, and it is deemed acceptable by the Department Head of Designate;
iii. If the total expenditure on the used equipment exceeds $10,000.00, a report shall be submitted to the CAO and Council detailing purchase information and expenses;
iv. The Department Head or Designate is exempt from the formal bid process when purchasing used equipment by any of the methods detailed in Section 6.12,a.
6.15. EMERGENCY PURCHASES
a) In cases of emergency, as determined by the Department Head or the CAO, the purchase of goods and services may be authorized in accordance with this Section.
b) Where the total cost of the purchase does not exceed $50,000.00, the Department Head or CAO may authorize the purchase.
c) Where the total cost of the purchase exceeds $50,000.00, the CAO may authorize the purchase and a report shall be submitted to Council as soon as reasonably possible setting out the details of the purchase made pursuant to this authority and the circumstances justifying the action take.
6.16. PURCHASE BY NEGOTIATION
a) A formal bid request process may be waived and a Department Head or Designate may purchase by negotiation with one or more suppliers under the following conditions:
i. When market conditions are such that, in the judgment of the Department Head or Designate, the goods are in such short supply that a competitive bidding process will not be possible.
ii. When there is only one source of supply, as determined by the CAO or Council;
iii. When two or more identical bids have been received and meet the specified requirements, the Department Head or Designate may negotiate with the two lowest bidders, keeping all negotiations fair, ethical and well documented.
iv. When the lowest bid meeting specifications exceeds the budgeted estimated costs by at least 10% and it is not either possible or in the best interests of the municipality to issue a new bid request.
6.17. EXEMPTIONS
a) A Department Head may request exemption from any or all the purchasing policy processes outlined in this policy by submitting a report requesting same to the CAO and Council. Any exemption must be granted in writing and a copy forwarded to the Finance Department.
b) When the CAO requires an exemption in his capacity as Department Head, he may approve requests below $50,000 in his capacity as CAO. Such approval shall be brought forward to Council for information purposes as soon as reasonably possible after CAO approval. Any request for exemption over $50,000 requires Council approval.
c) When the CAO requires an exemption in his capacity as CAO and not as Department Head, all requests require Council approval.
6.18. EXCLUSIONS
Notwithstanding the requirements of this Policy, the goods and services identified in Schedule F “Exclusions” herein, can be purchased without a competitive process.
6.19. ADVERTISING
Subject to subsection b) below, purchases exceeding $100,000 for Goods and/or Services and $250,000 for Construction shall, as a minimum, be advertised.
a) All formal bid requests will be advertised on the Municipality’s web site from the date that the Bid Solicitation is issued up to and including the date on which the Bid Solicitation close.
b) Where, in the opinion of the Department Head, it would be effective to do so, information regarding bid request documents shall be advertised in a local newspaper having circulation in all, or a major portion of the County, or applicable publications necessary to comply with all existing statutory regulations. Any requirement exceeding $100,000.00 must be advertised.
c) Advertising is not required for a request for proposal by invitation.
6.20. AWARD NOTIFICATION
Contract award notification will be posted on the Bidding System and will be published within seventy-two (72) calendar days of award of Contract. The notification must be posted after the agreement between the successful Supplier and the Organization is executed. Contract award notification must list the name of the Successful Bidder.
6.21. DEBRIEFINGS
Unsuccessful Bidders may request a debriefing in accordance with the instructions in the Bid Request. If a debriefing is requested, it should be scheduled by the Department Head or the Designated Employee in charge of the Bid Request. Debriefings shall not take place until after a Contract has been entered into with the Successful Bidder and notification of award has been posted.
6.22. BID DISPUTE
To maintain the integrity of the process, Bidders who believe they have been treated unfairly in a Bid Request process can make this known by contacting the Department Head or the Designated Employee in charge of the Bid Request, prior to the award of the Contract. A Bid dispute shall be resolved as follows:
a) A meeting between the Bidder and the Department Head or the Designated Employee in charge of the Bid Request;
b) If a resolution has not been reached by meeting the Department Head or the Designated Employee, the Bidder may appeal the decision, in writing, to the CAO. The CAO’s decision is final.
6.23. BID DEPOSITS
a) Bid deposits could be required to accompany bids in the following circumstances:
i. All bids for municipal construction projects estimated to cost more than $100,000.00;
ii. Special contracts or purchases as deemed appropriate by the Department Head.
b) Bid deposits shall be no less than 5% of the estimated value of the work before bidding, or an amount equal to a minimum of 5% of the bid submitted.
c) A bid deposit shall be provided in Canadian currency and in one of the following formats:
i. A bid bond issued by a recognized bonding company currently licensed to operate in the Province of Ontario, naming the Municipality as the creditor;
ii. A certified cheque made payable to the Municipality;
iii. An irrevocable Letter of Credit naming the Municipality as the beneficiary and in a form satisfactory to the Municipality;
iv. A money order made payable to the Municipality.
d) The Municipality does not pay interest on bid deposits.
e) The bid deposit cheque, money order or bid bond are a guarantee that the contractor or supplier will execute a contract agreement with the Municipality for the delivery of the services, materials or equipment provided for in the applicable bid request documents.
f) All cheques, bonds, letters of credit or money orders shall be payable to the Corporation of The Nation Municipality. Unless otherwise mentioned, the Municipality shall return all bid deposits except the lowest bid within twenty (20) working days after the close of the bids, unless some anomalies are found in the analysis of the two lowest bids. In this case, the third lowest bid deposit will be retained. The bid deposits retained by the Municipality shall be released after execution of the contract agreement and submission to the Municipality of all documents required for the contract. If the bidder refuses or neglects to execute the contract agreement or to submit the required documents as specified by the Municipality in its bid request documents within a delay of three weeks after the date of the contract award, the Municipality, in its sole discretion, may cash any bid deposit cheque or money order, or act upon a bid bond in its possession relating to the specific bid request documents for default of the bidder and the Municipality has full, unfettered rights to use the funds in its sole discretion and any bidder who has defaulted shall have no claim whatsoever against the Municipality for such action taken by the Municipality.
g) All bid deposits must be signed originals and, in the case of bonds, sealed. No faxes or photocopies will be accepted.
h) The Municipality is authorized to cash and deposit any bid deposit in its possession that is forfeited because of non-compliance with any of the terms, conditions and/or specifications of a bid.
6.24. SECURITY REQUIREMENTS
a) Performance, labour and/or material payment and/or maintenance bonds are required for all construction projects exceeding $100,000.00; bonding amount shall not be less than 50% of the bid amount.
b) All bonds must be signed originals and sealed. No faxes or photocopies will be accepted.
c) The above-mentioned bonding requirements may be replaced by any other type of guarantee as approved by the CAO.
d) Once the contract is granted and where required, the contractor must provide to the Municipality, at his cost, a performance bond in the amount specified in the bid request documents. Such bond shall be deemed satisfactory by the Municipality.
e) The performance bond shall unconditionally guarantee that the work will be satisfactorily completed, or the materials supplied, or both, within the terms of the contract up to the face value of the bond, that is, the bonding company will be liable whenever the contractor is liable. Without limiting the generality of the foregoing, such bond shall cover extensions to the contract, modifications of the contract and a twelve (12) month maintenance guarantee. The bonding company shall NOT replace a prime contractor or sub-contractor without prior approval of the appropriate Department Head or the Municipality’s consultant.
6.25. INSURANCE
a) The following insurance requirements are mandatory for all work undertaken on behalf of The Nation Municipality. The successful contractor shall provide the Municipality with an insurance certificate as follows:
i. Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5 million per occurrence/maximum of $5 million annual aggregate for any negligent acts or omissions relating to the obligations under the bid request. Such insurance shall include, but is not limited to, bodily injury and property damage including loss of use, personal injury, contractual liability, premises, property and operations, non-owned automobile, broad form property damage, owners and contractors protective, occurrence property damage, products broad form completed operations, employees as additional insured (s), contingent employers’ liability, tenants legal liability, cross liability and severability of interest clause. If applicable, the commercial general liability insurance policy shall not contain any exclusions of liability for damage, etc. to properties, buildings or land arising from:
a. Removal or weakening of support of any property, building or land whether such support is natural or otherwise;
b. Use of explosives for blasting;
c. Vibration from pile driving, caisson work, if minimum coverage for any such loss or damage is $5 million;
b) The Nation Municipality shall be added as an additional insured. The insurance shall be non-contributing with and apply as primary and not as excess of any insurance available.
c) Automobile Liability Insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $2 million inclusive for each and every loss.
d) Professional Liability (Errors and Omissions) Insurance coverage shall be obtained to a limit of not less than $2 million. If such insurance is written on a claims made basis, the policy shall contain a 24 month extended reporting period or shall be maintained for a period of two years subsequent to conclusion of the services provided under the contract. The Nation Municipality shall be added as an additional insured. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available.
e) Environmental Impairment Liability Insurance with a limit of not less than $2 million per incident/annual aggregate. Coverage shall include third party bodily injury and property damage including on-site and off-site clean-up. If such insurance is written on a claims made basis, the policy shall contain a 24 month extended reporting period or shall be maintained for a period of two years subsequent to conclusion of the services provided under the contract. The Nation Municipality shall be added as an additional insured. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available.
f) If required, the contractor shall provide and maintain during the term of the contract, Broad Form Builders’ Risk and Equipment Breakdown insurance coverage to the full replacement cost of the existing building and all improvement and renovation construction costs. Such insurance shall be written on an All Risks basis including earthquake, flood, sewer backup and testing /commissioning. The policy shall be issued in the name of the contractor and The Nation Municipality as a loss payee as their interests may appear to the replacement value of the completed building including improvement and renovation costs.
g) The successful bidder must provide, at its cost, a certificate of insurance verifying the above noted coverage prior to the effective date of the contract, to the satisfaction of the municipality and be in force for the entire contract period.
h) An endorsement to the effect that the policy or policies will not be altered, cancelled, or allowed to lapse without giving notice to the Municipality a written notice of thirty (30) days.
i) The Municipality reserves the right to assess exposures and add additional insurance requirements where deemed necessary.
j) The successful bidder shall indemnify and release the Municipality from any responsibility, loss claims, demands, costs and expenses, including reasonable legal fees, caused wholly or in part by any negligence, acts or omissions whether wilful or otherwise by the bidder, its agents, officers, employees, or other persons for which the bidder is legally responsible.
6.26. INFORMATION TO BIDDERS
a) All prospective suppliers of goods or services should ensure that they are familiar with the Municipality’s Procurement Policy. The policy is available on the municipal website at www.nationmun.ca.
b) Bidders shall carefully examine and study all the bid request documents, drawings, specifications, work sites (if applicable), etc. to ensure that all conditions affecting the contract and the detailed requirements have been met.
c) Should a bidder find discrepancies in, or omissions from the bid request documents, or should it be in doubt as to the meaning, it shall clarify them with the appropriate Department Head who may subsequently send an addendum to all bidders. No oral explanation or interpretation will be provided.
d) Where sub-trades are to be used, a complete list showing the sub-trades’ name, owners, phone numbers and addresses shall accompany the bid submission. The cost of the work to be performed by each sub-trade shall be clearly shown on the list. Sub-trades may be changed by the main contractor but only on written approval by the appropriate Department Head or the Municipality’s consultant.
e) The contractor shall insert the firm’s WSIB account number in the space provided on the bid form (as applicable). This number is required to verify the firm’s standing with the Board at the time of the recommendation to award this contract.
f) Any contingency allowance to be included shall be stated by the Municipality and no bidder shall include any other contingency allowance on any bid.
g) The estimate of quantities as shown in the bid request documents shall be used as a basis of calculation upon which the award of contract will be made. These quantities are not guaranteed to be accurate and are furnished without any liability on the part of the Municipality.
h) Whenever the amount bid for an item in a bid submission does not agree with the extension of the estimated quantity and the bid unit price, the unit price shall prevail, and the amount of the total bid price shall be corrected accordingly.
i) The unit price or lump sum price for all items in the schedule of quantities and unit prices shall be deemed to be full compensation for all the works including all necessary labour, equipment and materials specified in the special provisions, standards specifications, and additional specifications.
j) After notification of award, the successful bidder will be responsible for adhering to the following, as applicable to the bid request documents requirements:
i. The successful bidder shall be bound to execute the contract agreement and to file satisfactory bonds, insurance policies and WSAI clearance letter, as required herein, with the Municipality within three (3) weeks of the date of the contract award and these documents shall be maintained by the Municipality until contract completion.
ii. Failure to execute the contract or to file satisfactory bond, insurance policies and WSAI clearance letter as required by the bid request document within the specified time period shall be just cause for the cancellation of the contract award and the forfeiture of the bid deposit to the Municipality, not as penalty, but in liquidation of damages sustained. The Municipality shall then have the right to award the contract to any other bidder or to reissue the bid request documents.
k) Payments to the Contractor, holdbacks, and their release, as well as certificates of substantial performance and completion under the contract shall be in full compliance with the provisions of the Construction Lien Act, R.S.O. 1990, unless otherwise specified.
l) In its bid price, the Contractor shall be deemed to have made due allowance for the publication of a copy of the certificate of substantial performance of the contract in the Daily Commercial News within seven (7) days of the receipt of the said certificate, in order to facilitate the holdback release under the substantial performance certificate.
m) Successful bidders shall be responsible for all permits.
n) The contract must be completed by the time specifies in the bid request documents or as agreed upon in the contract.
6.27. STATEMENT BY BIDDER
The Statement by Bidder (Form 1 attached) must be completed in full and signed by an individual representing the bidder and a witness is a non-corporation or an authorized representative of the company or a director or officer of the company and the corporate seal, if the bidder is a corporation.
6.28. CONFLICT OF INTEREST
a) All consultants (e.g. architects, engineers, etc.) retained by the Municipality shall disclose, before accepting an assignment, any potential conflict of interest. If such conflict of interest does exist, the Municipality will, as directed by the Department Head, in its discretion, withhold the assignment from the consultant until the matter is resolved. The Municipality reserves the right to terminate the assignment in the case of a conflict of interest.
b) The Corporation shall make no purchase of goods or Services for the personal use of elected or appointed Officials or employees or any member of their respective families.
c) No employee shall purchase or offer to purchase, on behalf of the Corporation, any goods or Services except in accordance with this Procurement Policy.
d) No goods or Services shall be purchased from an Officer or employee of the Corporation, or from any associate of such Officer or employee, unless the extent of the interest of such Officer or employee has been fully disclosed and the CAO has approved the purchase.
e) Every elected official, appointed officer, Employee of the Corporation or member of an Employee’s Immediate Family is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any Purchase Order or Contract is, or might be awarded, any rebate, gift or money, except: i. Gifts of a very small intrinsic value; or ii. Moderate hospitality during the normal course of business that would not significantly exceed what the Corporation, through the Employee’s expense account, would likely provide in return and would not be perceived by others as influencing the making of a business decision
f) Subject to section 41(c) above, all elected officials, officers or Employees of the Corporation shall declare any Conflicts of Interest to the Chief Administration Officer and shall not be involved in a purchasing process where a Conflict of Interest exists, including, but not limited to:
i. Requesting the Goods and/or Services, setting the parameters of the Purchase, evaluating Bids or recommending, deciding or making Awards;
ii. Direct contact with those making those purchasing decisions, both in Purchasing Department and the user Department.
g) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in which the Supplier has participated in the preparation of the Bid Solicitation, and any such Bid submitted shall be disqualified except where such Supplier has been specifically authorized by Council to participate in such Bid Solicitation.
6.29. ADDITIONAL WORK OR SERVICES
a) Additional work or services not included in the original bid request, but which are identified and deemed necessary or desirable by the Municipality either prior to, during or after the performance of the services, shall be performed by the service provider subject to the following criteria:
i. The Municipality will provide a written description of the additional work, items or services and, where required, detailed plans;
ii. The service provider will provide a written estimate of the cost to perform the services and shall include:
a. The cost of the work or services as per the applicable general conditions; or
b. The cost of the work at the same unit cost as set out in the bid; or
c. The cost of the work on a cost-plus basis to be agreed upon.
b) The service provider will set out in writing any impact the additional work or services will have on the project schedule, if any.
i. The Municipality shall not be liable for the cost of any additional work performed by the service provider unless such work or services have been authorized in writing by the Municipality.
6.30. LOBBYING RESTRICTIONS
a) Suppliers, their staff members, or anyone involved in preparing Bids shall not engage in any form of political or other lobbying whatsoever or seek to influence the outcome of the purchasing process or subsequent Award. This restriction extends to all of the Corporation’s staff and members of Council.
b) The Corporation may reject any bid by a supplier that engages in such lobbying, without further consideration, and may terminate that Supplier’s right to continue in the purchasing process.
c) During a Bid Solicitation process, all communications shall be made through the Purchasing Department. No Supplier or person acting on behalf of a Supplier or group of Suppliers, shall contact any elected official, consultant, or any Employee of the Corporation to attempt to seek information or to influence the Award.
d) Elected officials shall refer any inquiries about a Bid Solicitation process to the CAO.
6.31. ACCESS TO INFORMATION
a) The disclosure of information received relevant to Bid Solicitations or Awards shall be made by the appropriate officers in accordance with the provisions of all relevant privacy legislation including primarily the Municipal Freedom of Information and Protection of Privacy Act, R.S.O1990, c. M.56, as amended.
b) All Suppliers who contract with the Corporation shall adhere to or exceed the standards set in the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, or other relevant Ontario or federal privacy legislation or common law as may be passed or amended from time to time, as if they were agents of the Corporation as relates to the confidential and secure treatment, including collection, use, disclosure or retention, of personal (health) information, other confidential information of the Corporation, and all records thereof which they come into contact with in the course of performing Services or providing Goods to the Corporation.
6.32. EXTENSION OF CONTRACT
Contracts may include extensions to the term of the agreement as set out in the Bid Request. Extending the term of agreement beyond that set out in the Bid Request amounts to a non-competitive procurement where the extension affects value and/or stated deliverables of procurement. In such situations, approval from an appropriate authority as per section 6.3 must be obtained prior to proceeding with the extension.
6.33. SUPPLIERS IN LITIGATION
a) Except as otherwise permitted in Section 6.29(b), in relation to a previous acquisition or any supply contracts awarded to that supplier or affiliates (s), a bid from a supplier shall be rejected if the supplier, any affiliate of the supplier, or any principal, officer or director of the supplier, directly or indirectly through another corporation or other business entity:
i. has commenced and continues at the time of the proposed award to pursue litigation against the Municipality, its elected officials, officers and/or employees; or
ii. is a person or entity against whom the Municipality is pursuing litigation at the time of the proposed award.
b) A bid from a supplier described in Section 6.29(a) may be accepted provided that the CAO has determined that:
i. there is an emergency;
ii. the acquisition is a sole source acquisition;
iii. the Municipality is legally obligated to enter into the contract;
iv. where the Municipality has been named as plaintiff or defendant pursuant to a subrogated interest, an appropriate arrangement has been made to indemnify the Municipality; or
v. where the amount in dispute in the litigation does not exceed $100,000.00, the award of the contract would be in the best interests of the Municipality, based on the consideration of factors that include, but are not limited to:
vi. the supplier’s performance under previous contracts with the Municipality; vii. the Municipality’s claims history with the supplier; and
viii. the assessment of the overall risk and total cost in entering a contract with the supplier.
6.34. LOCAL PREFERENCE
a) The following two legislative documents prohibit municipalities from adopting a Local Preference Policy: i. The Discriminatory Business Practices Act, R.S.O 1990, Chapter D12, as amended; and ii. Chapter 5 of the Agreement on Internal Trade.
b) The primary objective of the purchasing process is to acquire goods/services at the lowest possible cost, consistent with the demands of suitability, quality, service, and delivery capabilities.
c) If in the determination of the Department Head, a competitive market exists, and two or more compliant bids are received and are identical in price, and provided suitability, quality, service and delivery are similar, then priority of acceptance may be made first for a local bid, is any, than for a regional bid, is any, otherwise, the “best and final offer” from bidders involved in order to break the tie.
6.35. ENVIRONMENTALLY SOUND ACQUISITIONS
Departments will endeavor to include specifications in Bid Solicitations that provide for energy efficient products, reusable products and products that contain the maximum level of post-consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are competitively priced.
6.36. ADMINISTRATION
a) No contract or purchase shall be provided to avoid any requirements of this Procurement Policy.
b) In all purchases, price shall be the prime selection criteria before any special provisions, additions or deletions are calculated into the bid price, providing that all specification requirements are met. Such specifications are to be generic or described as “equivalent”. All factors influencing the purchasing decision are to be included in the specifications.
c) The Municipality may participate with other units of government, their agencies or public authorities in co-operative purchase ventures when it is in the best interest of the Municipality to do so and the policies of the co-operative purchase venture are consistent with the Municipality’s Procurement Policy.
d) Performance evaluations may be undertaken on suppliers.
e) All original invoices from suppliers shall be authorized before payment. Authorization in the form of signatures of the Department Head or designate and staff denoting clerical accuracy, budgetary or specific resolution approval and indicating that goods and services were received in good order must be in place. These signatures will be deemed to authorize payment.
f) Between the last regular meeting of Council in any year and the adoption of the budget estimates for the next year, the Treasurer is authorized to pay the accounts of any ordinary business transactions of the Municipality that are required to maintain services. This shall include the payment of accounts for previously approved capital items and projects.
g) After the adoption of the budget estimates, the Treasurer is authorized to pay the accounts approved by the Department Head and to pay contract accounts upon receipt of evidence of value received and approval of the Department Head and Council.
h) Notwithstanding the provisions of this policy, the Municipality shall have the right to reject the lowest or any bid in its absolute discretion. The Municipality also reserves the right to re-issue a bid request document in its original form or as modified to best suit the requirements of the Municipality.
i) The Municipality shall make no purchase of goods or services for the personal use of elected or appointed officials or employees or any member of their respective families.
j) No employee shall purchase or offer to purchase, on behalf of the Municipality, any goods or services, except in accordance with this Procurement Policy.
k) Elected officials shall not approve nor acquire any goods or services.
l) No goods or services shall be purchased from an officer or employee of the Municipality, or from any associate of such officer or employee, unless the extent of the interest of such officer or employee has been fully disclosed and the CAO has approved the purchase.
m) The Municipality shall endeavour to standardize all goods and services to allow for bulk purchasing and the related financial economies of scale.
n) Material Safety Data Sheets (MSDS) must be maintained on file by the user department for all relevant products regardless of how the products are acquired, as per the Occupational Health and Safety Act.
o) All background information, submitted by suppliers, purchase orders and other relevant information involved in obtaining process for goods and services shall be retained in the originating department as per the Records Retention By-Law #127-2019.
6.37. PROCUREMENT PROCESS REVIEW
a) The Treasurer may randomly review departmental purchasing related files on an on-going basis to review the effectiveness and integrity of the process as well as compliance with this Procurement Policy.
b) The CAO may require a complete review of this Procurement Policy for the purpose of evaluating its effectiveness at any time.
7. POLICY REVIEW
The CAO and/or Treasurer shall review the effectiveness of this policy at least every two (2) years to ensure that it is aligned with current best practices and legislative requirements. The result of this review, along with any recommended changes, will be reported to Council for approval. Unless circumstances indicate that a review is required.
8. EFFECTIVE DATE
This amended Procurement of Goods and Services Policy shall take effect on August 12, 2024 and shall replace the former policy number F-2016-03 dated March 14, 2016.
AnnexesFINANCE DEPARTMENT POLICY
Policy number: F-2024-02
Policy name: Sale of Land
Adopted on: September 9, 2024
By-law number: 105-2024
1. POLICY STATEMENT
This policy establishes the guidelines and procedures for the sale of land by The Corporation of the Nation Municipality (The Corporation) to ensure a systematic, transparent, and accountable method for the disposal of Corporation-owned assets in accordance with all appropriate laws, regulations, and accounting standards.
2. PURPOSE
The Corporation is committed to ensuring its assets are safeguarded, tracked, and disposed of effectively and efficiently.
3. SCOPE
This policy applies to the sale and disposal of surplus land and road allowances owned by The Corporation.
4. LEGISLATIVE AUTHORITY
Municipal Act, 2001, S.O. 2001, c.25, as amended.
5. DEFINITIONS
“Abutting” – a parcel of land adjoining another parcel of land having one (1) or more lines in common.
“Act” – the Municipal Act, 2001, S. O. 2001, c .25, as amended.
“Appraisal” – a written opinion/letter of opinion as to the consideration that the Assets might be expected to realize if sold on the open market by a willing seller to a willing buyer.
“Buildable Lot” – land of sufficient size (including frontage and area) to permit the lands to be utilized as an individual parcel of land.
“Chief Administrative Officer” (CAO) – the Chief Administrative Officer of The Corporation.
“Clerk” – the Clerk of The Corporation.
“Council” – the Council of the Corporation of the Nation Municipality.
“Disposal” – the sale or exchange for other assets, or the lease of assets for a term exceeding 21 years, of any portion of The Corporation’s surplus assets but does not include the granting of an easement or a right-of-way.
“Land” – Encompasses all types of real estate and property interest, including but not limited to community land, vacant land, operational land, road reserves, any legal interest in land, and any other land-related assets. This also includes all associated buildings and structures whether for community use or operational purposes.
“Sale” – includes the sale, transfer, or conveyance of assets by The Corporation. Sale does not include a Quit Claim Deed made by The Corporation for the purpose of correcting or clarifying title or boundaries of its assets or of assets not owned by The Corporation.
“Surplus Assets” – Land no longer required by The Corporation.
6. RESPONSIBILITIES
Council– Approves this Policy and any amendments.
CAO – Oversees the implementation of the policy and reports to council.
Treasurer – In conjunction with the CAO, oversees the implementation of this policy and manages the financial aspects of the asset disposal.
Department Head – Determines which assets should be disposed of and assesses their value whenever feasible.
7. EXEMPTIONS
This policy does not apply to the following:
8. PRINCIPLES
Municipal Lands will be sold or disposed of in accordance with this Policy, unless Council passes a resolution to waive the requirements.
No Municipal Lands with water frontage shall be sold unless such sale is for the good of the municipality as a whole.
No municipal road allowances shall be sold unless such sale is for the good of the municipality as a whole.
No Municipal Land shall be sold until examined by the Municipality for the feasibility for potential current needs or future needs.
No Municipal Land shall be declared surplus without taking into consideration Council priorities. Sale and disposition of Municipal Lands will be conducted in a fair and accountable manner.
9. SALE OF ASSETS PROCEDURES
The following procedures shall apply to the disposal of Land by the municipality:
9.1 Commencement Disposal of Land
Land disposal may be initiated in response to public inquiries, unsolicited offers, as the result of internal municipal actions and decisions of Council, or when an asset is deemed surplus or no longer required by The Corporation.
A decision to dispose of an asset should only be made after a benefit and risk analysis of the proposed disposal, including consideration of the following factors with regards to the asset:
Before deciding whether to sell land, the Corporation’s council will receive and consider a report from the CAO, the Treasurer and/or the Head of Department involved. The report will include an assessment of relevant factors including those outlined above.
9.2 Declaration of Surplus Land
Land must be declared surplus to the needs of the municipality by by-law or resolution passed at a meeting open to the public.
The passage of a resolution or by-law declaring land to be surplus does not obligate the municipality to dispose of such lands and such a declaration may be rescinded by resolution or by-law at any time prior to the completion of the disposal.
9.3 Determination of Method of Sale
Assets may be sold by public tender, by public auction, by listing with a real estate firm or broker, by offer to adjacent assets owner(s) or in such other appropriate manner as may be determined by the CAO.
9.3.1 Sale By Public Tender
If Assets are to be disposed of by public tender, the following shall apply Costs incurred or anticipated to dispose of the Land such as but not limited to legal fees, survey, Appraisal, encumbrances, administrative fees, advertising, and improvements shall be determined.
An estimated bid amount shall be determined which shall not be less than the appraised value plus the additional costs referred to in Clause i above. Notwithstanding the foregoing, Council may accept an amount less than or higher than the estimated bid.
An advertisement shall be placed in a newspaper or a regular publication that is, in the Clerk’s opinion, of sufficient general circulation and/or by posting notice on the Municipality’s website. The advertisement shall include a brief description of the Land and shall specify the final date that offers will be accepted and shall include the following statement “the highest or any offer may not necessarily be accepted”.
The tender documents shall be delivered in person to the Clerk’s office by the date and time specified on the notice. Tenders will be opened in public at the time prescribed on the last date for receiving tenders.
The tender documents shall be accompanied by a deposit of at least 20 per cent of the tender amount, which deposit shall be made by way of money order or by way of bank draft or cheque certified by a bank, trust corporation or Province of Ontario Savings Office.
A proposed Sale or Disposal of Land will not proceed to Council for consideration until after twenty-one (21) calendar days from the date on which the advertisement required by 9,2 .3 above is made.
9.3.2 Sale By Public Auction
If Assets is to be Disposed of by public auction the following shall apply
Costs incurred or anticipated to dispose of the Assets such as but not limited to legal fees, survey, Appraisal, encumbrances, administrative fees, advertising, commission, and improvements shall be determined.
An estimated bid amount shall be determined which shall not be less than the appraised value plus the additional costs referred to in the clause above. Notwithstanding the foregoing, an amount less than or higher than the estimated bid may be accepted.
An advertisement shall be placed on the public auction website and by posting notice on the Municipality’s website and social media channels. The advertisement on the public auction website shall include a brief description of the asset and shall specify the minimum bid and the final date that offers will be accepted. The advertisement on the municipal website and social media channels will provide the link to the public auction website.
The bill of sale will be provided by the public auctioneer at time of sale and a copy must be retained by the municipality as evidence of the sale.
9.3.3 Disposal By Listing With A Real Estate Agent, Firm Or Broker
Should Council determine to engage a real estate firm or broker to dispose of the Assets, the following shall apply:
Costs incurred or anticipated to dispose of the Assets such as but not limited to legal fees, commissions, survey fees, valuation fees, encumbrances, advertising and improvements shall be determined.
A listing price shall be determined which shall not be less than the appraised value plus the additional costs referred to in Section 9.4.
The CAO shall be authorized to sign the listing agreement.
The offers shall be submitted to the CAO on a standard offer to purchase form or document drafted by a lawyer.
The Municipality may in its sole and absolute discretion prepare and present counteroffer(s).
All final offers shall be submitted to Council for approval of the Sale price.
9.3.4 Disposal Directly To An Abutting Assets Owner
Should Council determine to sell the Assets directly to an abutting assets owner the following shall apply:
9.4 Valuation
Where assets need to be valued, the CAO or the Treasurer shall select a method of valuation from the following, including but not limited to:
All such values shall be determined by an independent third party who does not have an interest in the disposal or purchase of the assets.
An evaluation is not required for the following classes of land:
9.5 Determination Of Sale Price and Terms of Sale
Generally, Land sale price shall be determined in accordance with Section 9.4, Valuation. Where the Lands are exempt from Valuation, the sale price shall be determined by the CAO or delegate.
Council may authorize the Sale of Land for less or greater than the Valuation of CAO’s determination of sale price, if in the opinion of Council, it is in the best interest of the Municipality or otherwise fair and reasonable.
All Land, with or without improvements, shall be sold on an “as is” basis unless Council determines otherwise.
Any survey and/or reference plan required shall be obtained at the expense of the purchaser(s) unless Council by resolution otherwise determines.
Council may impose conditions of Sale if deemed appropriate.
The Municipality is under no obligation by virtue of the Sale of Land to grant any approvals, including approvals for changes to the Official Plan or zoning by-law or with respect to the site plan control, minor variances, and building permits, or to support approvals required by any other approval authority, which may be necessary for any contemplated use of the Land by the Purchaser.
9.6 Notice
Before selling the Land, notice of the intent to sell shall be given to the public by at least one of the following:
Notwithstanding the notice provisions above, the CAO or designate may provide additional notice in order the gain maximum exposure.
This notice shall be given at least fourteen (14) days prior to the council meeting which includes this item on the agenda. The notice shall include the following:
Notwithstanding the notice provisions above, Council may waive the requirement of a published notice for the sale of Land directly to an abutting asset owner if they deem this appropriate.
Where Land proposed to be disposed falls within one of the categories below, notice to the public shall be deemed to be sufficiently given by including a report dealing with such Disposal as part of the agenda of the Council meeting at which the intended Disposal is to be considered by Council:
10. DISPOSAL OF BUILDABLE LOTS
When it has been established that a buildable lot is property that is surplus to the municipality’s requirements, Council shall establish the purchase price of the buildable lot after reviewing an appraisal prepared for the property to be disposed of. Appraisals may be conducted by either an accredited land appraiser or a licensed real estate agent.
Notwithstanding Section a) above, Council may establish the purchase price of a buildable lot.
The sale may, in Council’s sole discretion, be conducted by way of:
Prior to accepting offers of purchase, notice for the disposal of a buildable lot shall be by publication once a week for two (2) consecutive weeks in a newspaper having general circulation in the local area and/or on the Corporation’s social media sites and/or website. The notice shall advise of the proposed sale and provide information as to where and when comments may be submitted.
11. COSTS
The municipality may require the purchaser to be solely responsible for the municipality’s costs incurred to dispose of any Property, which costs may include but are not limited to legal, survey appraisal, removal of encumbrances, advertising and improvements, and administration fees.
12. OFFER EVALUATION, ACCEPTANCE OF OFFERS AND CERTIFICATE OF COMPLIANCE
All bids, proposals and offers shall be presented to Council unless Council has given direction to staff to negotiate the disposition by another method.
Council shall have the authority to determine the successful offer. Council shall pass a by-law authorizing the disposition and directing the Mayor and Clerk to execute an Agreement of Purchase and Sale, in consultation with the Town Solicitor and other appropriate staff as needed.
The Purchaser shall be responsible for paying an administrative fee for the completion of the Purchase and Sale process in accordance with the Town’s User Fees and Charges By-Law as may be amended from time to time.
Council reserves the right to accept an offer less than the appraised value including costs where, in the opinion of Council, it is in the best interests of the municipality to do so.
Upon completion of the disposal process and on the recommendation of the Chief Administrative Officer, the Town Clerk shall issue a certificate verifying compliance with the provisions of this Policy in the prescribed form as outlined in “Schedule B”
13. HOUSEKEEPING AMENDMENTS
The Clerk is hereby authorized to make such minor amendments to this Policy as are necessary to ensure continued compliance with provincial legislation and Council-ratified operating procedures.
14. ERRORS OR OMISSIONS
It is acknowledged that any error or omission in following the procedures and policies, which error or omission was not the result of bad faith on behalf of the Municipality, will not render such Disposal invalid or void.
15. POLICY REVIEW
The CAO and/or Treasurer shall review the effectiveness of this policy at least every five (5) years to ensure that it is aligned with current best practices and legislative requirements. The result of this review, along with any recommended changes, will be reported to Council for approval. Unless circumstances indicate that a review is required.
16. EFFECTIVE DATE
This Sale of Land Policy shall take effect on August 12, 2024 and shall replace any former policies in place.
17. ATTACHMENTS
Schedule A: Certificate of Compliance Template
Schedule B: Proposal to Purchase Municipal-Owned Lands Application
AttachmentsCOMMUNICATIONS DEPARTMENT POLICY
Policy Number: COM-2024-01
Policy Name: Social Media Policy
Adopted On: 03-06-2024
Resolution Number: 241-2024
1. Policy Statement
1.1. The Nation Municipality encourages and supports the use of social media to further the goals of the Municipality and the mission of its departments, promoting it as a tool to deliver effective and accessible communication about municipal news, programs, and services to the community.
1.2. The Nation Municipality is committed to using social media to promote the Municipality’s objectives, initiatives, programs, and news through professional and strategic communications.
1.3. The Nation Municipality recognizes that the Municipality’s website, www.nationmun.ca, will remain the Municipality’s primary online presence; however, the Municipality acknowledges that social media is also needed to assist online audiences to visit the Municipality’s website for further information.
2. Purpose
This policy serves to:
2.1. Protect The Nation Municipality’s reputation and ensure consistency and professionalism with how the Municipality communicates with the public via social media;
2.2. Prevent inappropriate, irrelevant, inaccurate, or unproductive conduct on its social media platforms, ensuring that all interactions remain respectful, relevant, and constructive.
2.3. Ensure that third party content shared on our social media platforms adheres to established criteria for appropriateness, relevance, accuracy, and productivity.
3. Policy
3.1. Citizen Conduct
3.1.1. Social media platforms that allow page administrators to disable comments
The Nation Municipality will disable comments on its social media accounts where this option is available for the following reasons:
3.1.2. Social media platforms that do not allow hosts to disable comments
The Municipality reserves the right to remove any inappropriate, inaccurate, irrelevant, or unproductive comments from social media platforms where the option to disable comments is unavailable. If the user continues to post inappropriate, irrelevant, inaccurate, or unproductive content, the Municipality may ban/block the user from the site at the discretion of staff.
Comments, posts, or articles containing the following content will not be allowed:
The Municipality is not responsible for any comments or use of material posted by users. Moderation decisions are not open for discussion. Any content removed based on the guidelines in section — will be retained by the Social Media Account Administrator and have supporting documentation, including the time, date, identity of the poster, reason for removal, and any required incident reporting.
The social media accounts of The Nation Municipality are not monitored 24/7. Inquiries through comments and messages will be responded to within 3 business days (excluding holidays and weekend) during regular business hours (Monday–Friday, 8:30am–4:00pm.). This turnaround time may be impacted by staff availability and resources.
3.2 Content Sharing
3.2.1 Content that includes external links
When sharing or reposting content from a social media account not owned by The Nation Municipality that includes external links, at least one of the following criteria must be met:
Any posts that include links to a personal account/website, individual business account/website, political party/candidate account/website, or objectionable material as defined in this policy must not be shared or reposted on a Municipal social media account.
3.2.1 Content Promoting Community Events
The Nation Municipality is committed to sharing events that are relevant and of interest to its residents. Event organizers and community groups are encouraged to follow the proper submission process to have their events considered for promotion on the Municipality’s social media platforms.
Content promoting events must meet at least one of the following criteria:
Advertising for multi-level marketing gatherings will not be shared on The Nation Municipality’s social media platforms.
Content must be in both French and English to be shared on the Municipality’s Facebook page.
Community events and activities should be submitted to communication@nationmun.ca to be shared on The Nation Municipality’s social medias and/or added to The Nation website (www.nationmun.ca). While the Municipality does not create posts, it can share already existing content. Including a link to the existing Facebook post in the email is recommended.
3.3. Use of Social Medias by Elected Officials
3.3.1. Elected Officials’ Social Media Accounts
If a Member of Council, MP, or MPP representing The Nation Municipality or United Counties of Prescott-Russell has a social media account, the Municipality’s social media accounts are permitted to like/follow the account.
Accounts belonging to Member of Council must be created and maintained by the Member of Council and not municipal employees.
3.3.2. Council Conduct
The municipality expects all members of Council who use social media to do so without breaching their duties to the municipality and adhere to their Code of Conduct. Members of Council should consider the following:
SOCIAL MEDIA ACCOUNTS OWNED AND OPERATED BY THE NATION MUNICIPALITY
La municipalité de La Nation Municipality
https://www.facebook.com/nationmun
The Nation Sports Complex / Complexe Sportif de La Nation
https://www.facebook.com/nationsportscomplex
The Nation Fire Department / Service d’incendie de La Nation
https://www.facebook.com/nationfire
Municipalité de La/The Nation Municipality
https://www.linkedin.com/company/nationmun/
@NationMun
YOUTUBE
The Nation Municipality / La municipalité de La Nation
https://www.youtube.com/@thenationmunicipalitylamun4903/featured
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.
2.1 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
3.1 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
4.1.1 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
4.2.1 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.
4.3.1 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.
4.4.1 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
4.5.1 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
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
4.6.1 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.
4.7.1 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.
THE CORPORATION OF THE NATION MUNICIPALITY
POLICY ON TRAINING ON THE INTEGRATED ACCESSIBILITY STANDARDS UNDER THE ACCESSIBLITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
Effective Date: January 30, 2023
Background
The Integrated Accessibility Standards Regulation (the “Regulation”), made under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”), requires the Nation Municipality to provide training on the requirements of the accessibility standards and the Human Rights Code as it pertains to persons with disabilities.
Policy
1. The Nation Municipality shall ensure that the following persons are trained in accordance with the Regulation:
a. Every employee and volunteer;
b. Every person who participates in developing in the municipality’s policies, practices and procedures; and
c. Every person who provides goods, services, or facilities on behalf of the municipality, including third parties.
2. Training shall be provided as soon as practicable after:
a. In the case of an employee or volunteer, they commence working for or providing services to the Municipality; and
b. In the case of all other persons, they commence developing municipal policies and/or providing goods, services, or facilities on behalf of the municipality.
c. Training shall also be provided on an ongoing basis in respect of any changes to the municipality’s accessibility policies.
3. The training shall be appropriate to the duties of the person being trained.
4. The training will include a review of the purposes of the AODA and the Integrated Accessibility Standards, and instruction about the following:
a. The municipality’s policies, practices and procedures relating to the Integrated Accessibility Standards (including customer service, employment, information and communications, transportation, and design of public spaces), as are relevant to the person’s work responsibilities;
b. How to interact and communicate with persons with various types of disabilities;
c. How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person;
d. How to use equipment or devices available on the premises owned or leased by the Nation Municipality that may help in the provision of goods, services, or facilities to a person with a disability;
e. What to do if a person with a disability is having difficulty accessing goods, services, or facilities provided by the Nation Municipality; and
f. The Human Rights Code as it pertains to persons with disabilities.
5. The Nation Municipality shall keep a record of all training provided, including the dates on which it was provided and the number of individuals to whom it was provided.
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 or inserts.
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.