5.1 i) 6:30 pm Lesley Ogorman and Stephanie Levac Cornwall and the Counties Tourism
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1 AGENDA THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT REGULAR MEETING August 11 th, 2015 AT 6:30 P.M. 1. CALL TO ORDER 2. AMENDEMENT TO THE AGENDA (ADDITION/DELETION) 3. ADOPTION OF AGENDA 4. DISCLOSURE OF PECUNARY INTEREST 5. DELEGATONS 5.1 i) 6:30 pm Lesley Ogorman and Stephanie Levac Cornwall and the Counties Tourism ii) 6:45 00 pm S. Fickes, S. Bowness, C. Travers and B. Norman Monkland Recreation Group 6. MAYOR S & COUNCILLORS MESSAGE 7. ADOPTION OF MINUTES OF PREVIOUS MEETING 8. ADOPTION OF THE RECOMMENDATIONS OF THE MUNICIPAL COUNCIL COMMITTEES 9. RECEIVING OF REPORTS FROM THE APPOINTED MUNICIPAL OFFICIALS 9.1 Chief Administrative Officer / Clerk s Office / Finance CAO Draft off Road Vehicles By-Law 9.2 Recreation and Leisure Services NIL 9.4 Public Works and Maintenance PW Culvert/Bridge Replacements Tender Fire Department NIL 9.6 Building and Planning NIL 10. MUNICIPAL BY-LAWS i) By-Law No Govern the Proceedings of Council ii) By-Law No Zoning Amendment - Theoret
2 11. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS NIL 12. NEW BUSINESS 12.1 Township of Havelock-Belmont-Methuen Opposed to the Sale of Hydro One 12.2 Haldimand County Vacancy Rebate Program 13. CORRESPONDENCE 13.1 Township of Muskoka Lakes 13.2 Media Release Crysler Stop 13.3 Township of McKellar 13.4 Town of Innisfil 13.5 Township of Nipigon 13.6 Notification Land Application of Biosolids 13.7 Notice of Water Main Flushing Moose Creek 14. QUESTION PERIOD RESERVED TO THE PUBLIC PERTAINING TO THE SUBJECT MATTERS DISCUSSED 15. QUESTION PERIOD RESERVED TO COUNCIL MEMBERS PERTAINING TO THE SUBJECT MATTERS DISCUSSED IN THIS AGENDA 16. MOTION AND NOTICE OF MOTION NIL 17. SCHEDULING OF MEETINGS 17.1 Public Meeting: 6:00 p.m. September 1 st, 2015, next Council meeting of the Corporation of the Township of North Stormont on Tuesday, September 1 st, 2015 at 6:30 p.m. 18. CLOSED SESSION NIL 19. COMING EVENTS 19.1 Crysler Treadmill World Record on August 15 th 19.2 Crysler - Baseball and Volleyball Tournament from August 22 nd to August 23 rd 19.3 Crysler Ribfest August 22 nd 20. BY-LAW TO CONFIRM COUNCIL PROCEDURES 21. ADJOURNMENT
3 TOURISM NOTES FOR COUNCILS 2015 Good evening Mayor Fife, Deputy Mayor McGimpsey, Councillors Douglas Landry and West, and members of staff: My name is Lesley O Gorman, Immediate Past President of Cornwall and the Counties Tourism. I am here with my colleague, Stephanie Levac, Executive Assistant at Cornwall and the Counties Tourism, to briefly discuss the importance of regional tourism in the United Counties. As we understand it, the United Counties Council will be presented with a recommendation whether or not to support regional tourism. The regional tourism approach is very important to the United Counties of S. D. and G. We are better working together to make our region a viable tourist destination. I will explain what could happen to small businesses in North Stormont if the United Counties choose not to support regional tourism and Cornwall and the Counties Tourism (CCT). Cornwall and the Counties Tourism is a member-based organization with two core funders, the United Counties of S. D. and G. and the City of Cornwall. CCT also receives funding from partners in the region. Around 80% of our members are located in the United Counties. Without core funding from the United Counties, members of CCT located in North Stormont will no longer have access to the following benefits: Tourism directional signage program, managed by CCT This defines the location of our small businesses on the county roads, and drives visitors to their business. Cornwall and the Counties Regional Visitor Guide, of which more than 50,000 are distributed annually This guide allows CCT to market ALL businesses in S.D. and G. to the outside world. Regional Trade Show representation This is where CCT markets our region as a prime venue for cycling and road trips, among others. Regional Visitor Information Centre Without face-to-face contact, we cannot divert visitors who are passing through our region to stay and experience what our region has to offer.
4 Member rack card distribution programme 20 kiosks in the region 401 Onroute Centres Experienced advocacy for the region CCT is recognized as the Destination Marketing Organization (DMO) CCT is the voice for all issues concerning small tourist businesses which benefit directly or indirectly from visitors to our region. Social media as one of our effective marketing tool. New interactive website with regional information and individual pop-up windows. This is one-stop shopping information for potential visitors to our region. Facebook page and twitter feed, constantly monitored and updated. Participation in wider promotions through the Great Waterway, one of nine regional tourism sectors in Ontario. This territory stretches from the Bay of Quinte to the Quebec border. Being disconnected from CCT could result in the loss of funding opportunities from Federal and Provincial progammes dedicated to regional tourism. For example, recently, CCT received a request for a letter of support for a funding opportunity for the Historic Cornwall Jail from the United Counties. The support of the regional tourism office is needed in order to be considered for the funding. THIS IS WHAT THE REGIONAL OFFICE DOES. WE ARE THE DESTINATION MARKETING ORGANIZATION FOR S.D.G. AND CORNWALL. Statistics Canada reported that the United Counties and Cornwall received more than $95 million dollars in visitor spending in We expect this number has increased in the last three years! CCT has many partners and, without core funding, CCT would not be able to leverage other dollars to help make a larger impact.
5 These partnerships and alliances are invaluable for a successful tourism industry, and for funding opportunities based on a unified region. There are economies of scale in the tourism sector as in other sectors of the economy, and we need to leverage every opportunity to effectively market this region. The Cornwall and Counties Tourism brand carries weight because of the unified region it represents and operates in. We are recognized at Trade Shows and are well received in marketing campaigns because of our consistent message, Regional tourism at its best. Our purpose is to let potential visitors know that they are welcome to our rural and urban region and there is something for everyone to enjoy. If the members of the United Counties Council of S.D. and G. decide not to support regional tourism going forward, the benefits of unified regional tourism and the associated partnership opportunities will be lost. REGIONAL TOURISM is our road map to success in a very competitive tourism market! Thank you
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32 The Corporation of the Township of Report No. CAO File No. Agenda Date: August 11th, 2015 Subject: Attachments: Draft Off Road Vehicles By-Law Appendix 1 - Draft By-Law permitting Off-Road Vehicles on most municipal roads Appendix 2 - ONTARIO REGULATION 316/03 Appendix 3 - ATV Frequently Asked Questions Appendix 4 MTO letter regulatory changes and MTO News Release and Vehicle Types RECOMMENDATION The following recommendation is provided for Council s consideration: Whereas, residents have expressed a desire to allow such vehicles on municipal roads within the Municipality of North Stormont; and Whereas, other Municipalities in the Counties of Stormont, Dundas and Glengarry permit off-road vehicles including all-terrain vehicles on municipal roads; and Whereas, the Roadway Traffic Act provides that a council may pass by- laws to permit the operation of off-road vehicles on any roadway within the municipality that is under the jurisdiction of the Municipality; and Whereas, Ontario Regulation 316/03 defines all-terrain vehicles, prescribes equipment and operation requirements, and rules of the road; Now therefore be it resolved that Council of the Township of North Stormont direct staff to prepare for review on Sept 1st, 2015 a final by-law permitting Off-Road Vehicles on most municipal roads under the jurisdiction of the Township of North Stormont BACKGROUND On September 23 rd, 2013 Council sanctioned By-Law being a By-Law of the Corporation of the Township of North Stormont to Regulate the Operation of All-Terrain Vehicles on Certain Municipal Roads within the Township of North Stormont. Over the last couple of months staff worked with the ATV Club to address the request to allow the operation of ATVs on various sections of roads and/or road allowances within the Township of North Stormont. With input from Transportation Services staff, a review of the issues regarding legal, public safety and maintenance were considered.
33 ANALYSIS Ontario Regulation 316/03 The Regulation specifies obligations for Off-Road Vehicles in Sections 7 to 15 including equipment requirements such as weight, tires, safety standards, equipment configuration, performance requirements, safety equipment, braking system, lamps, windshield, and unobstructed view. Sections 16 to 24 outline operation requirements, including permit, insurance, driver s licence conditions, helmet, seat belts for certain vehicles, passengers, no passengers under the age of eight, Roadway Traffic Act and Off-Road Vehicles Act compliance, maximum speed, environmental protection, and rules of the road. While many of the by-laws reiterate some of these standards and regulations, the proposed draft by-law simply refers to Ontario Regulation 316/03 and the applicable sections. A copy of the Regulation is provided as Appendix 2 and a Frequently Asked Questions document from the Ministry of Transportation can be found as Appendix 3. Recent Regulatory Changes The Ministry of Transportation informed the Municipality of regulatory changes affecting Off-Road Vehicles in Appendix 4. Effective July 1, two-up and side-by-side All-Terrain Vehicles (ATVs) are now permitted on municipal roads where by-laws permit their use, as well as Utility Terrain Vehicles. Previously, only single-rider ATVs were permitted. Specific safety rules were added to the Regulation to address these changes. Municipal by-law authority was unchanged by these amendments. The draft by-law found in Appendix 1 replicates certain exclusions, specifically Off-Road Vehicles are prohibited on municipal property, including but not limited to parks and on sidewalks. Section 13 of the Regulation specifies lamp requirements, including reflectors. Maximum speed is defined in Section 22 of the Regulation: 20 km/h, if the speed limit is not greater than 50 km/h 50 km/h, if the speed limit is greater than 50 km/h. Prohibiting Off-Road Vehicles during certain times of the day and year was considered by staff; however, the OPP would not enforce such provisions, which would become the responsibility of the Municipal By-Law Enforcement Officer. Accordingly, such restrictions are not proposed at this time. The OPP advised that the Province is allowing an education period to take place between July 1 and September 1, 2015 before violation tickets are issued. However, during this time police officers may still lay a charge through a summons. Public Safety Risk and Insurance OPP officers should not be inundated with Calls for Service regarding Off- Road and All-Terrain Vehicles; however, there are certain times during the year when more complaints are received than others, i.e. hunting season. The majority of these calls are usually related to trespassing complaints. The OPP emphasizes that the key public safety message regarding Off-Road Vehicles is for everyone to follow all of the safety requirements including the use of helmets, use of seat belt or footrests where applicable and the obeyance of posted/permitted speed limits. 2
34 There are far too many fatal collisions across the province where the primary cause was driver error and failure to wear proper helmets; therefore, compliance with all the laws is imperative to ensure everyone s safety. The municipal insurer may raise specific points with regard to the maintenance of the shoulder, rates of speed, visibility, and signage. Discussion may also occur with regard to harmonization within the County if necessary. Environmental Section 23 of the Regulation speaks to environmental protection. It states that an Off-Road Vehicle shall not be operated in such a manner to discharge a contaminant into the natural environment or contravene any conditions or restrictions imposed by legislation or regulation. In addition, alteration, disruption or destruction to the natural environment, including erosion damage or degradation of the right of way, is not permitted. Harm, injury or damage, either directly or indirectly, to property, flora or fauna is also prohibited. Economic Permitting Off-Road Vehicles may encourage rural tourism and permit connectivity to rural settlement areas using this mode of transportation. CONCLUSION: A draft by-law is included for Council s consideration for the September 1 st Council meeting. ALTERNATIVES Council can decide to not direct staff to prepare a By-law in regard to Off-Terrain Vehicles. FINANCIAL/STAFFING IMPLICATIONS This item has been approved in the current budget: Yes No x N/A This item is within the approved budgeted amount: Yes No x N/A This item is mandated by the Provincial/Federal Government: Yes No N/A x Costs associated with a public information campaign and additional signage would be included in respective budgets. Additional funds may be required in
35 This report supports the mission, vision and values of North Stormont particularly with respect to: Goal: Healthy Economy Objective: Implement strategies from MEDS Goal: Healthy Community Objective: Assure community safety, health & wellness Develop/implement community building strategies Prepared By: Reviewed and Submitted for Council submitted by: consideration by: Name Name Marc Chénier Position Position CAO/Clerk 4
36 Appendix 1 CAO The Corporation of the Township of North Stormont By-law Number 2015 Page 1 of 5
37 Being a by-law to permit Off-Road Vehicles to be driven on certain roadways under the jurisdiction of the Township of North Stormont as regulated in accordance with Ontario Regulation 316/03 A BY-LAW of the Corporation of the Township of North Stormont to Regulate the Operation of All-Terrain Vehicles on Certain Municipal Roads within the Township of North Stormont and to repeal By-Law No Whereas, Sections 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25 (as amended) provide that the powers of a municipality shall be interpreted broadly so as to enable the Municipality to govern its affairs as it considers appropriate and to respond to issues; and Whereas, Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (as amended) authorizes Council to a pass by-law permitting the operation of Off-Road Vehicles on any roadway that is under the jurisdiction of the Municipality or on any part or parts of such a roadway; and Whereas By-laws No was passed by the Council of the Corporation of the Township of North Stormont for this purpose; Whereas, Council of the Township of North Stormont deems it expedient and necessary to permit Off-Road Vehicles to be driven on certain roadways under the jurisdiction of the Township of North Stormont; Now therefore, The Council of The Corporation of the Township of North Stormont enacts as follows: 1.0 Definitions 1.1 All-Terrain Vehicle or ATV means an off-road vehicle that, a) has four wheels, the tires of which are all in contact with the ground, b) has steering handlebars, c) has a seat that is designated to be straddled by the driver, and d) is designed to carry, i. a driver only and no passengers, or Page 2 of 5
38 ii. a driver and only one passenger, if the vehicle, (A) has one passenger seat that is designed to be straddled by the passenger while sitting facing forward behind the driver, and (B) is equipped with the foot rests for the passenger that are separate from the foot rests for the driver. 1.2 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 1.3 Multi-Purpose Off-Highway Utility Vehicle means an offroad vehicle that, (a) has four or more wheels, the tires of which are all in contact with the ground, (b) has a steering wheel for steering control, (c) has seats that are not designed to be straddled, and (d) has a minimum cargo capacity of 159 kilograms. 1.4 Off-Road Vehicle has the same meaning as in the Off-Road Vehicles Act, R.S.O. 1990, c. O.4 (as amended) and for the purposes of this by-law and Sections 2.0 and 3.0 is limited to: a) All-Terrain Vehicles b) Multi-Purpose Off-Highway Utility Vehicles, and c) Recreational Off-Highway Vehicles. 1.5 Recreational Off-Highway Vehicle means an off-road vehicle that, (a) has four or more wheels, the tires of which are all in contact with the ground, (b) has a steering wheel for steering control, (c) has seats that are not designed to be straddled, and (d) has an engine displacement equal to or less than 1,000 cubic centimeters. 2.0 Permitted Roadways 2.1 The operation of Off-Road Vehicles shall be permitted upon a roadway under the jurisdiction of the Township of North Stormont as listed in Schedule A and in accordance with Ontario Regulation 316/03 of the Highway Traffic Act (as amended), the Off-Road Vehicles Act (as amended), and in accordance with the provisions of this by-law. Page 3 of 5
39 2.2 The operation of ATV units shall be permitted only during the hours specified in Schedule B. 2.3 Off-Road Vehicles are not permitted on municipal property, including but not limited to any park that is under the jurisdiction of the Township of North Stormont, or on any sidewalk. 3.0 Regulations 3.1 A permitted Off-Road Vehicle shall not be operated on a roadway unless it meets the requirements of Sections 7 to 15 of Ontario Regulation 316/03 of the Highway Traffic Act (as amended) and is operated in accordance with Sections 16 to 24 of the Regulation. 3.2 The operation of ATVs shall only be permitted with a valid membership to a Club recognized by the Ontario Federation of All-Terrain Vehicle Clubs. 3.3 Exemptions shall apply as outlined in Part IV of the Regulation. 4.0 Penalties 4.1 Any person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable to a fine as provided by the Provincial Offences Act, R.S.O. 1990, c. P.33 (as amended). 4.2 No person shall interfere or obstruct an officer carrying out duties in the enforcement of this by-law. 5.1 Effective Date and Review 5.1 In the event of any conflict between any provisions of this bylaw and any other by-law hereto are passed; the provisions of this by-law shall prevail. 5.2 That this by-law shall come into force and take effect on the day of its passing and shall remain in effect until otherwise amended or repealed. 5.3 That this by-law shall come into force and take effect on September 1st, Page 4 of 5
40 Read a first, second and third time and finally passed this 1st day of September, Dennis Fife, Mayor Marc Chenier, CAO\Clerk Page 5 of 5
41 THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT SCHEDULE A To By-Law No All-Terrain Vehicles (ATV)s shall be permitted road access as follows; Road Name Finch-Cambridge Boundary Road Goldfield Road Concession 4-5 Road MacMillan Road Courville Road from Briere Road in Nation Municipality East to County Rd. 27 in Nation Municipality/County Rd. 6 in North Stormont Township from County Road 9 South to Concession 4-5 Road from Goldfield Road East to MacMillan Rd. from Concession 4-5 Rd North to County Rd 9 from County Rd 9 North to Finch Cambridge Boundary Road within the Township of North Stormont under the jurisdiction of the Municipality of the Township of North Stormont. This authority shall not extend to highways under the jurisdiction of the United Counties of Stormont, Dundas and Glengarry or the King s Highway (i.e. #417) Page 6 of 5
42 THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT SCHEDULE B To By-Law No All-Terrain Vehicles (ATVs) shall be permitted as per Schedule A roads within the Township of North Stormont under the jurisdiction of the Township of North Stormont during the following periods: - One half (½) hour before sunrise to one half (½) hour after sunset Page 7 of 5
43 Highway Traffic Act Code de la route Appendix 2 ONTARIO REGULATION 316/03 OPERATION OF OFF-ROAD VEHICLES ON HIGHWAYS Consolidation Period: From July 1, 2015 to the e-laws currency date. Last amendment: O. Reg. 135/15. This Regulation is made in English only. CONTENTS PART I DEFINITIONS 1. Definitions PART II OPERATION ON CLASSES OF HIGHWAYS 2. Operation on highways generally prohibited 3. Prohibited highways 4. Permitted provincial highways for certain off-road vehicles 4.1 Permitted municipal highways for certain off-road vehicles 5. Highways on Crown lands or within provincial parks or conservation reserves PART III REGULATION OF OFF-ROAD VEHICLES ON HIGHWAYS 6. Conditions for off-road vehicles to be operated on highways EQUIPMENT REQUIREMENTS 7. Weight and width of multi-purpose off-highway utility vehicles, etc. 7.1 Weight of all-terrain vehicles 8. Tires 9. Motor vehicle safety standards 10. Equipment configuration and performance requirements 10.1 Safety equipment for multi-purpose off-highway utility vehicles and recreational off-highway vehicles 11. Equipment installed at time of manufacture and manufacturer s label 12. Braking system 13. Lamps 14. Windshield 15. No obstruction of view OPERATION REQUIREMENTS 16. Permit 17. Insurance 18. Driver s licence conditions 19. Helmet 19.1 Seat belts on multi-purpose off-highway utility vehicles or recreational off-highway vehicles 19.2 Passengers on all-terrain vehicles 19.3 No passengers under the age of eight 19.4 No riding on a trailer 20. Application of Highway Traffic Act 21. Application of Off-Road Vehicles Act 22. Maximum speed 23. Environmental protection 24. Rules of the road PART IV EXEMPTIONS 25. Definitions 26. Crossing a highway 27. Farmers and trappers 28. Public work functions 29. Far northern Ontario and unorganized territory Schedule A Highways prohibited to all off-road vehicles Schedule B Highways permitted to all-terrain vehicles, multi-purpose off-highway utility vehicles and recreational off-highway 33 1
44 Schedule C vehicles Areas in far northern ontario and unorganized territory Definitions 1. In this Regulation, all-terrain vehicle means an off-road vehicle that, PART I DEFINITIONS 33 (a) has four wheels, the tires of which are all in contact with the ground, (b) has steering handlebars, (c) has a seat that is designed to be straddled by the driver, and (d) is designed to carry, (i) a driver only and no passengers, or (ii) a driver and only one passenger, if the vehicle, (A) has one passenger seat that is designed to be straddled by the passenger while sitting facing forward behind the driver, and (B) is equipped with foot rests for the passenger that are separate from the foot rests for the driver; multi-purpose off-highway utility vehicle means an off-road vehicle that, (a) has four or more wheels, the tires of which are all in contact with the ground, (b) has a steering wheel for steering control, (c) has seats that are not designed to be straddled, and (d) has a minimum cargo capacity of 159 kilograms; off-road vehicle has the same meaning as in the Off-Road Vehicles Act; recreational off-highway vehicle means an off-road vehicle that, (a) has four or more wheels, the tires of which are all in contact with the ground, (b) has a steering wheel for steering control, (c) has seats that are not designed to be straddled, and (d) has an engine displacement equal to or less than 1,000 cubic centimetres; seat belt assembly means a device or assembly composed of a strap or straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person. O. Reg. 316/03, s. 1; O. Reg. 135/15, s. 1. PART II OPERATION ON CLASSES OF HIGHWAYS Operation on highways generally prohibited 2. An off-road vehicle shall not be driven on any highway except, (a) as specified in this Part; (b) as permitted by Part IV; or (c) as permitted by clause 2 (2) (a) of the Off-Road Vehicles Act. O. Reg. 316/03, s. 2. Prohibited highways 3. Except as permitted by section 28, no off-road vehicle shall be driven on a highway listed in Schedule A. O. Reg. 316/03, s. 3. Permitted provincial highways for certain off-road vehicles 4. (1) Subject to subsection (2), no off-road vehicle shall be driven on a highway listed in Schedule B. O. Reg. 135/15, s. 2. (2) All-terrain vehicles, multi-purpose off-highway utility vehicles and recreational off-highway vehicles may be driven 2
45 on a highway listed in Schedule B if the requirements of Part III are met. O. Reg. 135/15, s
46 Permitted municipal highways for certain off-road vehicles 4.1 (1) Subject to subsection (2), an off-road vehicle may be driven on a highway or part of a highway in a municipality if, (a) a by-law made by the municipality under subsection (3) of the Act permits the operation of the off-road vehicle on the highway or part of the highway; (b) the off-road vehicle is driven only during the months or hours specified in the by-law, in the case where the by-law limits the operation of the off-road vehicle on the highway or part of the highway within the municipality to certain months or hours; and (c) the requirements of Part III are met. O. Reg. 135/15, s. 2. (2) Subsection (1) does not apply to an off-road vehicle other than, (a) an all-terrain vehicle; (b) a multi-purpose off-highway utility vehicle; and (c) a recreational off-highway vehicle. O. Reg. 135/15, s. 2. Highways on Crown lands or within provincial parks or conservation reserves 5. An off-road vehicle may be driven on a highway or part of a highway that is on Crown land administered under the Public Lands Act or that is within a provincial park or conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006, unless the operation of the off-road vehicle on the highway or part of the highway is prohibited by the road authority or is otherwise prohibited by law. O. Reg. 135/15, s. 2. Conditions for off-road vehicles to be operated on highways PART III REGULATION OF OFF-ROAD VEHICLES ON HIGHWAYS 6. An off-road vehicle shall not be operated on a highway unless it meets the requirements of sections 7 to 15 and it is operated in accordance with sections 16 to 24. O. Reg. 316/03, s. 6. Weight and width of multi-purpose off-highway utility vehicles, etc. EQUIPMENT REQUIREMENTS 7. (1) If the off-road vehicle is a multi-purpose off-highway utility vehicle, it must, (a) weigh 1,814 kilograms or less; and (b) have an overall width not greater than 2.03 metres, excluding mirrors. O. Reg. 135/15, s. 3. (2) If the off-road vehicle is a recreational off-highway vehicle, it must, (a) weigh 1,700 kilograms or less; and (b) have an overall width not greater than 2.03 metres, excluding mirrors. O. Reg. 135/15, s. 3. Weight of all-terrain vehicles 7.1 (1) If the off-road vehicle is an all-terrain vehicle that was manufactured after December 31, 2001, the weight carried on the all-terrain vehicle must not exceed the maximum weight capacity as shown on the overloading warning label affixed by the manufacturer. O. Reg. 135/15, s. 3. (2) For the purposes of subsection (1), the weight carried on the all-terrain vehicle includes the weight of the driver, any passenger, the cargo and accessories, and the trailer tongue weight, if any, but does not include the vehicle curb weight. O. Reg. 135/15, s. 3. Tires 8. All the tires on the off-road vehicle must be inflated to the manufacturer s recommended settings for normal operation. O. Reg. 135/15, s. 3. Motor vehicle safety standards 9. If the off-road vehicle is an all-terrain vehicle, it must meet the motor vehicle safety standards prescribed for restricteduse motorcycles in the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada) applicable when the vehicle was manufactured. O. Reg. 135/15, s. 3. Equipment configuration and performance requirements 33 4
47 10. If the off-road vehicle was manufactured after December 31, 2001, it must meet the equipment configuration and performance requirements set out in at least one of the following standards that are applicable to that class of off-road vehicle: 1. ANSI/SVIA , entitled American National Standard for Four Wheel All-Terrain Vehicles Equipment, Configuration, and Performance Requirements, approved by the American National Standards Institute, Inc. on February 15, 2001 and published by the Specialty Vehicle Institute of America. 2. ANSI/SVIA , entitled American National Standard for Four Wheel All-Terrain Vehicles, approved by the American National Standards Institute, Inc. on July 23, 2007 and published by the Specialty Vehicle Institute of America. 3. ANSI/SVIA , entitled American National Standard for Four Wheel All-Terrain Vehicles, approved by the American National Standards Institute, Inc. on December 23, 2010 and published by the Specialty Vehicle Institute of America. 4. ANSI/ROHVA , entitled American National Standard for Recreational Off-Highway Vehicles, approved by the American National Standards Institute, Inc. on July 11, 2011 and published by the Recreational Off-Highway Vehicle Association. 5. COHV , entitled Canadian Off-Highway Vehicle Distributors Council Standard for Four Wheel All-Terrain Vehicles, approved on September 26, 2012 and published by the Canadian Off-Highway Vehicle Distributors Council. 6. COHV , entitled Canadian Off-Highway Vehicle Distributors Council Standard for Recreational Off-Highway Vehicles, approved on September 26, 2012 and published by the Canadian Off-Highway Vehicle Distributors Council. 7. ANSI/OPEI B , entitled American National Standard for Multipurpose Off-Highway Utility Vehicles, approved by the American National Standards Institute, Inc. on March 6, 2012 and published by the American National Standards Institute, Inc. 8. COHV , entitled Canadian Off-Highway Vehicle Distributors Council Standard for Multipurpose Off-Highway Utility Vehicles, approved on April 3, 2013 and published by the Canadian Off-Highway Vehicle Distributors Council. 9. ANSI/ROHVA , entitled American National Standard for Recreational Off-Highway Vehicles, approved by the American National Standards Institute, Inc. on September 24, 2014 and published by the Recreational Off-Highway Vehicle Association. O. Reg. 135/15, s. 3. Safety equipment for multi-purpose off-highway utility vehicles and recreational off-highway vehicles 10.1 (1) If the off-road vehicle is a multi-purpose off-highway utility vehicle, it must be equipped with an occupant protective structure and comply with subsection (3). O. Reg. 135/15, s. 3. (2) If the off-road vehicle is a recreational off-highway vehicle, it must be equipped with a roll-over protective structure and comply with subsection (3). O. Reg. 135/15, s. 3. (3) A multi-purpose off-highway utility vehicle or a recreational off-highway vehicle must be equipped, (a) with a handle or device that may be grasped by an occupant to provide support and to assist the occupant in keeping his or her arms and hands within the vehicle; (b) for each seating position, with a seat belt assembly that is in good working order and that includes a strap or straps sufficient to restrain both the pelvis and the torso; and (c) with a rear view mirror. O. Reg. 135/15, s. 3. Equipment installed at time of manufacture and manufacturer s label 11. (1) A component, equipment or other feature of the off-road vehicle that was part of the vehicle when manufactured and that is required by section 9, 10 or 10.1 must operate properly and must not be missing, partly or wholly inoperable or modified so as to reduce its effectiveness. O. Reg. 135/15, s. 3. (2) A component, equipment or other feature of the off-road vehicle that is specified in the definition of all-terrain vehicle, multi-purpose off-highway utility vehicle or recreational off-highway vehicle in section 1 or that is required by section 9, 10 or 10.1 must have been installed at the time the vehicle was manufactured. O. Reg. 135/15, s. 3. (3) If the off-road vehicle was manufactured after December 31, 2001, it must display in plain view the label that was affixed to the vehicle at the time of its manufacture to show the manufacturer s certification of the standard or standards listed in section 10 to which the vehicle conforms. O. Reg. 135/15, s. 3. (4) If the off-road vehicle is an all-terrain vehicle manufactured after December 31, 2001, it must display in plain view the overloading warning label that was affixed to the vehicle at the time of its manufacture to show the maximum weight capacity. O. Reg. 135/15, s. 3. Braking system 33 5
48 12. (1) The off-road vehicle must be equipped with service brakes that comply with the requirements set out in at least one of the standards listed in section 10 that are applicable to that class of off-road vehicle. O. Reg. 135/15, s. 3. (2) The off-road vehicle must be equipped with a parking brake or parking mechanism that complies with the requirements set out in at least one of the standards listed in section 10 that are applicable to that class of off-road vehicle. O. Reg. 135/15, s Lamps 13. (1) Despite subsection 62 (1) of the Act, the off-road vehicle must be equipped with one or two lamps that emit a white light on the front of the vehicle and one or two lamps that emit a red light at the rear of the vehicle. O. Reg. 316/03, s. 13 (1). (2) The lamps required by subsection (1) must be lit at all times the off-road vehicle is operated on the highway. O. Reg. 316/03, s. 13 (2). (3) The subsections of section 62 of the Act that refer to lamps required under subsections (1), (2) or (3) of that section shall be read as if referring to the lamps required under subsection (1) of this section. O. Reg. 316/03, s. 13 (3). (4) The lamps required on the front of an off-road vehicle by subsection (1) must be aimed such that the high intensity portion of the beam is directed below the horizontal line through the centre of the lamp from which it comes, at a distance of 7.6 metres ahead of the lamp, when the vehicle is not loaded. O. Reg. 316/03, s. 13 (4). (5) If the off-road vehicle was manufactured after January 1, 1998, it must be equipped with a stop lamp or lamps on the rear of the vehicle that emit a red light when any service brake is applied. O. Reg. 316/03, s. 13 (5); O. Reg. 135/15, s. 4 (1). (6) A stop lamp required under subsection (5) may be incorporated with a rear lamp or may be a separate lamp. O. Reg. 316/03, s. 13 (6). (7) The off-road vehicle must be equipped with, (a) one yellow reflex reflector on each side at the front; (b) one red reflex reflector on each side at the rear; and (c) one or more red reflex reflectors on the rear. O. Reg. 316/03, s. 13 (7); O. Reg. 135/15, s. 4 (2). (8) The reflex reflectors required by subsection (7) must comply with the requirements of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada) if those requirements were applicable to the vehicle when the vehicle was manufactured. O. Reg. 135/15, s. 4 (3). Windshield 14. The off-road vehicle need not be equipped with a windshield, but if it is, the windshield must satisfy the requirements prescribed for a motorcycle windshield under subsection 1 (10) of Schedule 6 to Regulation 611 of the Revised Regulations of Ontario, O. Reg. 316/03, s. 14. No obstruction of view 15. (1) There must not be any object or non-transparent material placed on or attached to the off-road vehicle that obstructs the driver s view of traffic approaching from any direction at an intersection, or of traffic approaching from the rear of the vehicle. O. Reg. 316/03, s. 15 (1). (2) If the off-road vehicle is towing a trailer, the trailer or load must not obstruct the driver s view of traffic approaching from any direction at an intersection, or of traffic approaching from the rear of the vehicle. O. Reg. 316/03, s. 15 (2). Permit OPERATION REQUIREMENTS 16. (1) The off-road vehicle shall not be operated on a highway unless a permit under section 5 of the Off-Road Vehicles Act has been issued in respect of that vehicle and a number plate showing the number of the permit is displayed on the vehicle as required under that Act. O. Reg. 135/15, s. 5. (2) Subsection (1) does not apply to an off-road vehicle operated under the authority of a permit issued under section 7 of the Highway Traffic Act, as provided by section 7 of the Off-Road Vehicles Act. O. Reg. 316/03, s. 16 (2). Insurance 17. The off-road vehicle shall be insured in accordance with section 2 of the Compulsory Automobile Insurance Act and section 15 of the Off-Road Vehicles Act. O. Reg. 316/03, s. 17. Driver s licence conditions 18. (1) The driver of the off-road vehicle shall hold a valid Class A, B, C, D, E, F, G, G2, M or M2 driver s licence issued under the Act unless he or she is exempt, under section 34 of the Act, from the application of section 32 of the Act. O. Reg. 135/15, s. 6. 6
49 (2) If the driver of the off-road vehicle holds a Class G2 or Class M2 driver s licence and is under the age of 20, there must not be, between the hours of midnight and 5 a.m., more than one passenger on the off-road vehicle who is under the age of 20, other than a person who is a member of the novice driver s immediate family, as defined in subsection 6 (6) of Ontario Regulation 340/94 (Drivers Licences) made under the Act. O. Reg. 135/15, s. 6. (3) Despite subsection (2), if the holder of the Class G2 or Class M2 driver s licence has held a valid driver s licence of that class for the immediately preceding six months or longer, the maximum number of passengers under the age of 20 allowed is three. O. Reg. 135/15, s. 6. (4) The age distinctions in this section apply despite the Human Rights Code. O. Reg. 135/15, s. 6. (5) Subsections (2) and (3) are subject to the requirements with respect to passengers set out in sections 19.1, 19.2 and O. Reg. 135/15, s. 6. Helmet 19. (1) The driver of the off-road vehicle and every passenger on the vehicle shall wear a helmet that complies with section 19 of the Off-Road Vehicles Act. O. Reg. 135/15, s. 6. (2) No person shall drive an off-road vehicle on a highway with a passenger on the vehicle unless the passenger is wearing a helmet as required by subsection (1). O. Reg. 135/15, s. 6. Seat belts on multi-purpose off-highway utility vehicles or recreational off-highway vehicles 19.1 (1) Every passenger on a multi-purpose off-highway utility vehicle or a recreational off-highway vehicle on a highway shall, (a) occupy a seating position for which a seat belt assembly has been provided; and (b) wear the complete seat belt assembly as required by subsection (4). O. Reg. 135/15, s. 6. (2) No person shall drive a multi-purpose off-highway utility vehicle or a recreational off-highway vehicle on a highway unless he or she is wearing a complete seat belt assembly as required by subsection (4). O. Reg. 135/15, s. 6. (3) No person shall drive a multi-purpose off-highway utility vehicle or a recreational off-highway vehicle on a highway with a passenger on the vehicle, unless the passenger is, (a) occupying a seating position for which a seat belt assembly has been provided; and (b) wearing the complete seat belt assembly as required by subsection (4). O. Reg. 135/15, s. 6. (4) A seat belt assembly shall be worn so that, (a) the strap of each restraint is securely fastened and worn firmly against the body in the intended position; and (b) no more than one person is wearing any strap of the seat belt assembly at any one time. O. Reg. 135/15, s. 6. Passengers on all-terrain vehicles 19.2 No person shall drive an all-terrain vehicle on a highway with a passenger on the vehicle unless, (a) the vehicle is designed to carry both a driver and a passenger; and (b) the passenger is straddling the passenger seat behind the driver while facing forward with his or her feet securely on the separate foot rests intended for the passenger. O. Reg. 135/15, s. 6. No passengers under the age of eight 19.3 No person shall drive an off-road vehicle on a highway with a passenger on the vehicle who is under the age of eight. O. Reg. 135/15, s. 6. No riding on a trailer 19.4 No person shall drive an off-road vehicle on a highway while it is towing a trailer or any other attachment if there is a passenger on the trailer or other attachment. O. Reg. 135/15, s. 6. Application of Highway Traffic Act 20. (1) Except as otherwise provided in this Regulation, the provisions of the Act and its regulations applicable to motor vehicles apply with necessary modifications to the operation of an off-road vehicle on a highway. O. Reg. 316/03, s. 20 (1). (2) Subsection 62 (19), sections 64 and 66 and subsection 76 (1) of the Act do not apply to the operation of an off-road vehicle on a highway. O. Reg. 316/03, s. 20 (2). Application of Off-Road Vehicles Act 21. The Off-Road Vehicles Act and the regulations made under that Act that apply to the operation of off-road vehicles off the highway apply with necessary modifications to the operation of an off-road vehicle on a highway. O. Reg. 316/03, s
50 Maximum speed 22. The off-road vehicle shall not be driven at a rate of speed greater than, (a) 20 kilometres per hour, if the speed limit established under the Act for that part of the highway is not greater than 50 kilometres per hour; or (b) 50 kilometres per hour, if the speed limit established under the Act for that part of the highway is greater than 50 kilometres per hour. O. Reg. 316/03, s. 22. Environmental protection 23. (1) The off-road vehicle shall not be operated in such a manner as to, (a) discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment that may have an adverse effect on the environment or impair the quality of any waters; or (b) contravene any conditions, restrictions and prohibitions imposed by any legislation and related regulations enacted to protect the environment. O. Reg. 316/03, s. 23 (1). (2) The off-road vehicle shall not be operated in such a manner that it causes or is likely to cause, (a) a risk to the safety of any person; (b) harm or material discomfort to any person from dust, emissions or noise; (c) harm, injury or damage, either directly or indirectly, to any property, flora or fauna; or (d) alteration, disruption or destruction to the natural environment, including erosion damage or degradation of the right of way. O. Reg. 316/03, s. 23 (2). (3) The off-road vehicle shall not be driven in or through a river, stream or other watercourse on a highway if doing so would or would be likely to alter, disrupt or destroy any fish habitat. O. Reg. 316/03, s. 23 (3). Rules of the road 24. (1) The off-road vehicle shall be driven on the shoulder of the highway in the same direction as the traffic using the same side of the highway. O. Reg. 316/03, s. 24 (1). (2) Despite subsection (1), the off-road vehicle may be driven on the roadway in the same direction as the traffic using the same side of the highway if, (a) there is no shoulder; (b) the shoulder of the highway is obstructed and cannot be used by the off-road vehicle; or (c) the shoulder is not wide enough to allow the off-road vehicle to be driven with all of its tires remaining completely off of the roadway. O. Reg. 316/03, s. 24 (2); O. Reg. 135/15, s. 7 (1). (3) Despite subsection (1), the off-road vehicle shall not be driven on the shoulder but shall be driven on the roadway in the same direction as the traffic using the same side of the highway if it is being driven across a level railway crossing. O. Reg. 316/03, s. 24 (3). (4) When driven on the shoulder of the highway, the off-road vehicle shall be driven as close to and parallel with the right edge of the shoulder as can be done practicably and safely. O. Reg. 316/03, s. 24 (4). (5) When driven on the roadway pursuant to subsection (2), the off-road vehicle shall be driven as close to and parallel with the right edge of the roadway as can be done practicably and safely. O. Reg. 316/03, s. 24 (5). (6) When entering the shoulder or the roadway, the off-road vehicle shall yield the right of way to vehicles already using the shoulder or the roadway, as the case may be, and shall enter the shoulder or roadway only when it is safe to do so. O. Reg. 316/03, s. 24 (6). (7) The off-road vehicle shall not be driven in the median strip of the highway. O. Reg. 316/03, s. 24 (7). (8) The off-road vehicle shall not be driven on any part of the highway that is designated as a construction zone under subsection 128 (8) of the Act or on any other part of the highway where construction work or highway maintenance is being carried out, unless the off-road vehicle is operating as a vehicle described in subsection 128 (13) of the Act or as a road service vehicle. O. Reg. 316/03, s. 24 (8). (9) If part or all of the highway is closed under subsection 134 (2) of the Act, the off-road vehicle shall not be driven on any adjacent part of the highway that may be open, unless the off-road vehicle is operating as a vehicle described in subsection 128 (13) of the Act or as a road service vehicle. O. Reg. 316/03, s. 24 (9). (10) The off-road vehicle shall not overtake and pass any moving motor vehicle or motorized snow vehicle at any time when both the off-road vehicle and the other vehicle are travelling on the same shoulder or roadway of the highway. O. Reg. 316/03, s. 24 (10). 33 8
51 (11) Despite subsection (10), an off-road vehicle may overtake and pass another off-road vehicle when both are travelling on the shoulder if the movement can be made in safety while remaining on the shoulder and to the left of the off-road vehicle being overtaken and passed. O. Reg. 316/03, s. 24 (11). (12) If the off-road vehicle is an all-terrain vehicle, the person driving the all-terrain vehicle on the highway may, despite clause 142 (4) (b) of the Act, indicate the intention to turn right by extending the right hand and arm horizontally beyond the right side of the vehicle. O. Reg. 135/15, s. 7 (2). (13) Before commencing a left turn in the manner required by subsection 141 (5), (6) or (7) of the Act, the off-road vehicle shall, without interfering with the movement of traffic travelling in the same direction as the off-road vehicle, move away from the shoulder or from the right edge of the roadway, as the case may be, and be positioned on the roadway in the position from which the left turn is to be made. O. Reg. 316/03, s. 24 (13). (14) Upon completing a left turn, the off-road vehicle shall, without interfering with the movement of traffic travelling in the same direction as the off-road vehicle, move back to the right edge of the roadway or shoulder, as the case may be. O. Reg. 316/03, s. 24 (14). Definitions 25. In this Part, PART IV EXEMPTIONS emergency means a situation that constitutes a danger to life or property; employee means, (a) a person employed in the service of the Crown or any agency of the Crown, (b) a police officer, conservation officer or other person appointed for the preservation and maintenance of the public peace or any officer appointed for enforcing or carrying out the provisions of this Act or the Off-Road Vehicles Act, (c) a firefighter as defined in the Fire Protection and Prevention Act, 1997, (d) an employee of an ambulance service as defined in the Ambulance Act, (e) an employee of a municipality or of a local board as defined in the Municipal Affairs Act, (f) an employee of a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, or (g) an employee or agent of the operator of a water, gas, electric heat, light or power works, telegraph and telephone lines, a railway, a street railway, works for the transmission of gas, oil, water or electrical power or energy or any similar works supplying the general public with necessaries or conveniences. O. Reg. 316/03, s. 25. Crossing a highway 26. Part III of this Regulation does not apply to a person who drives an off-road vehicle directly across a highway pursuant to clause 2 (2) (a) of the Off-Road Vehicles Act. O. Reg. 316/03, s. 26. Farmers and trappers 27. (1) Sections 7, 8, 9, 10, 10.1, 11 and 18 do not apply to the operation of an off-road vehicle as described in clause 2 (2) (b) of the Off-Road Vehicles Act if, (a) the driver of the vehicle holds a valid driver s licence; and (b) the number of passengers on the off-road vehicle does not exceed the number of seating positions that were installed at the time the vehicle was manufactured. O. Reg. 135/15, s. 8 (1). (2) Despite sections 4 and 4.1, an off-road vehicle may be operated as described in clause 2 (2) (b) of the Off-Road Vehicles Act on any highway other than a highway listed in Schedule A if the conditions described in clauses (1) (a) and (b) are met. O. Reg. 316/03, s. 27 (2); O. Reg. 135/15, s. 8 (2). Public work functions 28. (1) An employee who is acting in the course of his or her employment or in response to an emergency may operate an off-road vehicle on a highway, including a highway listed in Schedule A or B, in accordance with this Regulation despite any provision that would provide otherwise in Parts II, IV and VI of the Act. O. Reg. 316/03, s. 28 (1). (2) Sections 7, 8, 9, 10, 10.1, 11 and 18 do not apply to the operation of an off-road vehicle on a highway by an employee who is driving the off-road vehicle in the course of his or her employment or in response to an emergency if, (a) the employee holds a valid driver s licence; and 33 9
52 (b) the number of passengers on the off-road vehicle does not exceed the number of seating positions that were installed at the time the vehicle was manufactured. O. Reg. 135/15, s. 9 (1). (3) Sections 4 and 4.1 do not apply to the operation of an off-road vehicle permitted under subsection (1). O. Reg. 316/03, s. 28 (3); O. Reg. 135/15, s. 9 (2). (4) Despite section 24, an employee who is permitted under subsections (1) and (2) to operate an off-road vehicle on a highway listed in Schedule A may only drive the off-road vehicle on a part of the highway that is not the roadway or the shoulder. O. Reg. 316/03, s. 28 (4). Far northern Ontario and unorganized territory 29. (1) A person may operate an off-road vehicle on a highway in an area of the province described in Schedule C in accordance with this Regulation despite any provision that would provide otherwise in Parts II, IV and VI of the Act. O. Reg. 316/03, s. 29 (1). (2) Sections 9, 10, 10.1, 11, 16 and 18 do not apply to the operation of an off-road vehicle on a highway in an area of the province described in Schedule C if, (a) the driver of the off-road vehicle is at least 16 years old; (b) the driver of the off-road vehicle holds a valid driver s licence or motorized snow vehicle operator s licence; and (c) the number of passengers on the off-road vehicle does not exceed the number of seating positions that were installed at the time vehicle was manufactured. O. Reg. 135/15, s. 10 (1). (3) Despite sections 4 and 4.1, an off-road vehicle may be operated on any highway other than a highway listed in Schedule A in an area of the province described in Schedule C if the conditions described in clauses (2) (a), (b) and (c) are met. O. Reg. 316/03, s. 29 (3); O. Reg. 135/15, s. 10 (2). (4) This section does not apply with respect to a highway or part of a highway that is under the jurisdiction of a municipality if the municipality has by by-law prohibited the operation of the off-road vehicle on the highway or part of the highway. O. Reg. 135/15, s. 10 (3). (5) This section does not apply with respect to a highway or part of a highway that is described in section 5 if the operation of the off-road vehicle is prohibited on the highway or part of the highway. O. Reg. 135/15, s. 10 (3). 30. OMITTED (REVOKES OTHER REGULATIONS). O. Reg. 316/03, s OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). O. Reg. 316/03, s. 31. SCHEDULE A HIGHWAYS PROHIBITED TO ALL OFF-ROAD VEHICLES 1. All of the King s Highways known as Nos. 400, 401, 402, 403, 404, 405, 406, 407, 409, 410, 416, 417, 420, 427 and the Queen Elizabeth Way. 2. That part of the King s Highway known as No. 6 where that highway is contiguous with the King s Highway known as No That part of the King s Highway known as No. 24 where that highway is contiguous with the King s Highway known as No That part of the King s Highway known as No. 35 where that highway is contiguous with the King s Highway known as No That part of the King s Highway known as No. 58 where that highway is contiguous with the King s Highway known as No That part of the King s Highway known as No. 3 lying between a point situate at its intersection with the eastern limit of the roadway known as Ron McNeil Line (also known as Elgin County Road 52) where Ron McNeil Line continues as the roadway known as Ford Drive in the Township of Southwold and a point situate at its intersection with the west junction of the roadway known as Centennial Avenue in the Municipality of Central Elgin. 7. That part of the King s Highway known as No. 3 (also known as Huron Church Road) in the County of Essex lying between a point situate at its intersection with the westerly limit of the roadway known as Outer Drive in the Town of Tecumseh and a point situate at its intersection with the easterly limit of the roadways known as Industrial Drive and Northwood Street in the City of Windsor. 8. That part of the King s Highway known as No. 6 in the County of Haldimand lying between a point situate at its intersection with the roadway known as Argyle Street South and a point situate at its intersection with the southern limit of the roadway known as Seneca Greens Road
53 9. That part of the King s Highway known as No. 6 lying between a point situate at its intersection with the King s Highway known as No. 401 in the Township of Puslinch and a point situate at its intersection with the south junction of the King s Highway known as No. 7 where King s Highway No. 7 continues as the roadway known as Wellington Street (also known as Wellington County Road 124) in the City of Guelph. 10. That part of the King s Highway known as Nos. 6 and 7 in the City of Guelph lying between a point situate at its intersection with the south junction of the King s Highway known as No. 7 where King s Highway No. 7 continues as the roadway known as Wellington Street (also known as Wellington County Road 124) and a point situate at its intersection with the north junction of the King s Highway known as No. 7 where King s Highway No. 7 continues as the roadway known as Woodlawn Road. 11. That part of the King s Highway known as No. 7 lying between a point situate at its intersection with the King s Highway known as No. 417 in the City of Ottawa and a point situate 150 metres measured easterly from its intersection with the centre line of the roadway known as McNeely Avenue in the Town of Carleton Place. 12. That part of the King s Highway known as No. 7 in the City of Kitchener lying between a point situate at its intersection with the roadway known as Victoria Street and a point situate at its intersection with the east junction of the King s Highway known as No. 8 where King s Highway No. 8 continues as the roadway known as King Street. 13. That part of the King s Highway known as Nos. 7 and 8 lying between a point situate at its intersection with the eastern limit of the roadway known as Waterloo Road 5 in the Township of Wilmot and a point situate at its intersection with the east junction of the King s Highway known as No. 8 where King s Highway No. 8 continues as the roadway known as King Street in the City of Kitchener. 14. That part of the King s Highway known as Nos. 7 and 115 lying between a point situate at its intersection with the west junction of the King s Highway known as No. 7 in the Township of Cavan Monaghan and a point situate at its intersection with the east junction of the King s Highway known as No. 7 in the City of Peterborough. 15. That part of the King s Highway known as No. 8 in the City of Kitchener lying between a point situate at its intersection with the King s Highway known as No. 401 and a point situate at its intersection with the east junction of the King s Highway known as No. 7 where King s Highway No. 7 continues as the roadway known as King Street. 16. That part of the King s Highway known as No. 11 in the City of Orillia lying between a point situate at its intersection with the roadway known as Memorial Avenue and a point situate at its intersection with the roadway known as Laclie Street. 17. That part of the King s Highway known as No. 11 lying between a point situate at its intersection with the south junction of the King s Highway known as No. 17 in the City of North Bay and a point situate at its intersection with the centre line of the roadway known as Muskoka Road 169 (also known as Bethune Drive) in the Town of Gravenhurst in The District Municipality of Muskoka. 18. That part of the King s Highway known as No. 26 in the County of Simcoe lying between a point situate 50 metres measured westerly from its intersection with the centre line of the King s Highway known as No in the Town of Wasaga Beach and a point situate 50 metres measured easterly from its intersection with the centre line of the roadway known as Poplar Sideroad in the Town of Collingwood. 19. That part of the King s Highway known as Nos. 11 and 17 in the City of North Bay lying between a point situate at its intersection with the roadway known as Seymour Street and a point situate at its intersection with the King s Highway known as No. 11 (also known as Algonquin Avenue). 20. That part of the King s Highway known as Nos. 11 and 17 lying between a point situate at its intersection with the centre line of the roadway known as Lakeshore Drive in the Municipality of Shuniah and a point situate at its intersection with the centre line of the King s Highway known as No. 130 in the Municipality of Oliver Paipoonge. 21. That part of the King s Highway known as No. 17 in the City of North Bay lying between a point situate at its intersection with the King s Highway known as No. 11 (also known as Algonquin Avenue) and a point situate at its intersection with the roadway known as Gormanville Road. 22. That part of the King s Highway known as No. 17 in the City of Greater Sudbury lying between a point situate at its intersection with the middle junction of the roadway known as Municipal Road 55 and a point situate 1100 metres measured westerly from its intersection with the west junction of the roadway known as Municipal Road That part of the King s Highway known as No. 58 in the City of Thorold lying between a point situate at its intersection with the King s Highway known as No. 406 and a point situate at its intersection with the westerly limit of the roadway known as Niagara Regional Road No. 57 (also known as Thorold Stone Road). 24. That part of the King s Highway known as No. 61 in the City of Thunder Bay lying between a point situate at its intersection with the King s Highway known as No. 11 and a point situate at its intersection with the roadway known as Chippewa Road
54 That part of the King s Highway known as No. 69 in the Territorial District of Sudbury lying between a point situate 1890 metres measured southerly from its intersection with the centre line of the King s Highway known as No. 637 in the Township of Servos and a point situate 1585 metres measured southerly from its intersection with the centre line of the roadway known as Estaire Road in the City of Greater Sudbury. 26. That part of the King s Highway known as No. 85 lying between a point situate at its intersection with the King s Highway known as No. 7 (also known as Victoria Street) in the City of Kitchener and a point situate 385 metres measured northerly from its intersection with the centre line of the roadway known as Waterloo Regional Road 15 (also known as King Street) in the Township of Woolwich. 27. That part of the King s Highway known as No. 115 lying between a point situate at its intersection with the King s Highway known as Nos. 35 and 115 in the Municipality of Clarington and a point situate at its intersection with the King s Highway known as No. 7 in the Township of Cavan Monaghan. 28. That part of the King s Highway known as No. 137 lying between a point situate at its intersection with the King s Highway known as No. 401 in the Township of Leeds and The Thousand Islands and a point situate 15 metres measured southerly from the south abutment of the Thousand Island Bridge. 29. That part of the King s Highway known as No (also known as E. C. Row Expressway) in the City of Windsor in the County of Essex lying between a point situate at its intersection with the northerly limit of the King s Highway known as No (also known as Ojibway Parkway) and a point situate 365 metres measured easterly from its intersection with the centre line of the King s Highway known as No. 3 (also known as Huron Church Road). 30. All of the King s Highway known as No (also known as Highway 6/Airport Road Connection). 31. That part of the King s Highway known as No (also known as Ojibway Parkway) in the City of Windsor in the County of Essex lying between a point situate at its intersection with the northerly limit of the south junction of the roadway known as Broadway Street and a point situate at its intersection with the easterly limit of the Essex Terminal Railway right-of-way. 32. That part of the King s Highway known as No (also known as Essex County Road 9/Howard Avenue Diversion) in the Town of Tecumseh in the County of Essex lying between a point situate at its intersection with the southerly limit of the King s Highway known as No. 3 and a point situate at its intersection with the northerly limit of the roadways known as Laurier Parkway and South Talbot Road where the King s Highway known as No continues as the roadway known as Essex County Road 9. SCHEDULE B 12 O. Reg. 134/15, s. 1. HIGHWAYS PERMITTED TO ALL-TERRAIN VEHICLES, MULTI-PURPOSE OFF-HIGHWAY UTILITY VEHICLES AND RECREATIONAL OFF-HIGHWAY VEHICLES 1. All of the Secondary and Tertiary highways known as and numbered 500 to 899, but not including that part of the Secondary highway known as No. 587 south of a point situate 3.6 km southerly from its intersection with the highway known as Pass Lake Cross Road in the Municipality of Shuniah, in the District of Thunder Bay, being within the boundary of Sleeping Giant Provincial Park. 2. All of the King s Highways known as and numbered 7041, 7104, 7181, 7182, All of the King s Highways known as Nos. 94, 105, 125, 127, 130 and That part of the King s Highway known as No. 4 lying between a point situate at its intersection with the highway known as Huron County Road 12 (also known as Kippen Road) in the Municipality of Huron East, in the County of Huron, and a point situate at the north end of the structure known as the Bayfield River Bridge (at the southern boundary of the former Town of Clinton) in the Municipality of Central Huron, in the County of Huron. 5. That part of the King s Highway known as No. 6 lying between a point situate at its intersection with the south junction of the highway known as Bruce County Road No. 9 (also known as Colpoy Bay Road) in the Town of South Bruce Peninsula, in the County of Bruce, and a point situate 400 metres measured north of the centre line of the roadway known as Dyers Bay Road in the Municipality of Northern Bruce Peninsula, in the County of Bruce. 6. That part of the King s Highway known as No. 6 lying between a point situate at its intersection with the highway known as Water Street in the Township of Tehkummah, in the District of Manitoulin, and a point situate 2,000 metres measured northerly from the centre line of the highway known as Whites Point Road in the Town of Northeastern Manitoulin and the Islands, in the District of Manitoulin. 7. That part of the King s Highway known as No. 6 lying between a point situate at 330 metres measured southerly from the middle of the swing bridge over the Little Current North Channel in the Town of Northeastern Manitoulin and the Islands in the District of Manitoulin and a point situate at its intersection with the highway known as Foster Drive in the Town of Espanola in the District of Sudbury.
55 8. That part of the King s Highway known as No. 8 lying between a point situate 1.3 kilometres measured westerly from the centre line of the west most intersection with the King s Highway known as No. 23, in the Municipality of West Perth, in the County of Perth, and a point situate at its intersection with the highway known as Centennial Drive in the Municipality of Huron East, in the County of Huron. 9. That part of the King s Highway known as No. 8 lying between a point situate 100 metres measured easterly from the centre line of the highway known as Huron Street in the Municipality of West Perth, in the County of Perth, and a point situate at its intersection with the highway known as Ransford Street in the Municipality of Central Huron, in the County of Huron. 10. That part of the King s Highway known as No. 9 lying between a point situate at its intersection with the highway known as Wellington Road 1 in the Township of Howick, in the County of Huron, and a point situate 500 metres measured southerly from the centre line of the roadway known as Bruce Road 24 (also known as Absalom Street) in the Municipality of South Bruce, in the County of Bruce. 11. That part of the King s Highway known as No. 9 lying between a point situate 600 metres measured northerly from the intersection with the highway known as Bruce Road 24 (also known as Absalom Street) in the Municipality of South Bruce, in the County of Bruce, and a point situate at its intersection with the King s Highway known as No. 21 in the Municipality of Kincardine, in the County of Bruce. 12. That part of the King s Highway known as No. 11 lying between a point situate at its western most intersection with the King s highway known as No. 71 east of the Settlement Area of Barwick, in the Township of Chappel, in the Reserve of the Manitou Rapids First Nation in the District of Rainy River, and a point situate 300 metres measured easterly from the centre line of the highway known as Miller Street North at the eastern most boundary of the Town of Rainy River, in the District of Rainy River. 13. That part of the King s Highway known as No. 11B lying between a point situate at its northern most intersection with the King s Highway known as No. 11 in the Township of Atikokan, in the District of Rainy River, and a point situate at its intersection with the Secondary Highway known as No. 622 in the District of Rainy River. 14. That part of the King s Highway known as No. 23 lying between a point situate at its intersection with the King s Highway known as No. 7 in the Township of Lucan Biddulph, in the County of Middlesex, and a point situate 1.1 kilometres measured southerly from its intersection with the King s Highway known as No. 8 in the Municipality of West Perth, in the County of Perth. 15. That part of the King s Highway known as No. 23 lying between a point situate at its intersection with a point measured 1.1 kilometres northerly from the King s Highway known as No. 8 in the Municipality of West Perth, in the County of Perth, and a point situate at its intersection with the roadway known as West Perth Line No. 44 in the Town of North Perth, in the County of Perth. 16. That part of the King s Highway known as No. 28 lying between a point situate at its intersection with the highway known as Peterborough County Road 504 in the Township of North Kawartha, in the County of Peterborough, and a point situate at its intersection with the King s Highway known as No. 121 in the Town of Bancroft, in the County of Hastings. 17. That part of the King s Highway known as No. 28 lying between a point situate 880 metres measured easterly from the centre line of the highway known as Hastings Street in the Town of Bancroft, in the County of Hastings, and a point situate at its intersection with the King s Highway known as No. 41 in the Township of Addington Highlands, in the County of Lennox and Addington. 18. That part of the King s Highway known as No. 35 lying between a point situate at its northern most intersection with the King s Highway known as No. 118 in the Township of Minden Hills, in the County of Haliburton, and a point situate at its intersection with the King s Highway known as No. 60 in the Township of Lake of Bays, in the District of Muskoka. 19. That part of the King s Highway known as No. 41 lying between a point situate at the Frontenac and the Lennox and Addington County Boundary (Bon Echo Provincial Park North Boundary) in the Township of Addington Highlands, in the County of Lennox and Addington, and a point situate at its intersection with the highway known as Renfrew County Road 512 (also known as Foymount Road) in the Municipality of Bonnechere Valley, in the County of Renfrew. 20. That part of the King s Highway known as No. 41 lying between a point situate 800 metres measured northerly from the centre line of its southern most intersection with the King s Highways known as No. 60 (also known as Bonnechere Street) in the Municipality of Bonnechere Valley, in the County of Renfrew, and a point situate at its intersection with the King s Highway known as No.17 in the Township of Laurentian Valley, in the County of Renfrew. 21. That part of the King s Highway known as No. 60 lying between a point situate at its intersection with the highway known as Cotieville Road in the Township of Horton, in the County of Renfrew, and a point situate at its intersection 33 13
56 with a point measured 500 metres westerly from the centre line of the highway known as Ott Road in the Municipality of Bonnechere Valley, in the County of Renfrew. 22. That part of the King s Highway known as No. 60 in the County of Renfrew lying between a point situate 800 metres measured northerly from its intersection with the roadway known as Bridge Street in the Municipality of Bonnechere Valley and a point situate 800 metres measured easterly from its intersection with the roadway known as Renfrew County Road 62 South in the Township of Madawaska Valley. 23. That part of the King s Highway known as No. 60 lying between a point situate 500 metres measured westerly from the centre line of its western-most intersection with County Road No. 62 in the Township of Madawaska Valley, in the County of Renfrew, and a point situate 300 metres measured southerly from the middle of the Headstone Creek Bridge (at the east entrance of Algonquin Provincial Park) in the District of Nipissing. 24. That part of the King s Highway known as No. 60 lying between a point situate at its intersection with the northern most boundary of the Township of Algonquin Highlands (being the westerly boundary of Algonquin Park), in the County of Haliburton, and a point situate at its intersection with the King s Highway known as No. 35 in the Township of Lake of Bays, in the District of Muskoka. 25. That part of the King s Highway known as No. 61 lying between a point situate with the international boundary between Canada and the United States of America in the Municipality of Neebing, in the District of Thunder Bay, and a point situate at its intersection with the King s Highway known as No. 130 in the Municipality of Oliver Paipoonge, in the District of Thunder Bay. 26. That part of the King s Highway known as No. 62 lying between a point situate at its intersection with the King s Highway known as No. 7 in the Township of Madoc, in the County of Hastings, and a point situate 300 metres measured southerly from the centre line of the highway known as Bay Lake Road in the Town of Bancroft, in the County of Hastings. 27. That part of the King s Highway known as No. 62 lying between a point situate at its intersection with the highway known as Hybla Road in the Municipality of Hastings Highlands, in the County of Hastings, and a point situate at its intersection with the King s Highway known as No.127 in the Municipality of Hastings Highlands, in the County of Hastings. 28. That part of the King s Highway known as No. 63 lying between a point situate at its intersection with the highway known as Peninsula Road in the City of North Bay, in the District of Nipissing, and a point situate at its intersection with the boundary of the Province of Ontario and the Province of Quebec in the District of Nipissing. 29. That part of the King s Highway known as No. 64 lying between a point situate at its intersection with the King s Highway known as No. 69 in the Municipality of French River, in the District of Sudbury, and a point situate at its western most intersection with the King s Highway known as No. 17 in the Municipality of West Nipising, in the District of Nipissing. 30. That part of the King s Highway known as No. 64 lying between a point situate at its intersection with the highway known as Sabourin Road in the Municipality of West Nipissing, in the District of Nipissing, and a point situate at its intersection with the King s Highway known as No. 11 in the District of Nipissing. 31. That part of the King s Highway known as No. 65 lying between a point situate at its intersection with the boundary of the Province of Ontario and the Province of Quebec in the District of Timiskaming and a point situate at its intersection with the northern most intersection with the King s Highway known as No. 11B in the Town of New Liskeard, in the District of Timiskaming. 32. That part of the King s Highway known as No. 65 lying between a point situate at its intersection with the southern most intersection with the Kings Highway known as No. 11B in the Town of New Liskeard in the District of Timiskaming and a point situate at its intersection with the King s Highway known as No. 66 in the Township of Matachewan in the District of Timiskaming. 33. That part of the King s Highway known as No. 66 lying between a point situate at its intersection with King s Highway known as Highway No. 11 in the District of Timiskaming and a point situate at its intersection with the Secondary Highway known as No. 566 in the Township of Matachewan, in the District of Timiskaming. 34. That part of the King s Highway known as No. 72 lying between a point situate at its intersection with the King s Highway known as No. 17 in the District of Kenora and a point situate at its intersection with the railway tracks of the Canadian National Railway in the Town of Sioux Lookout, in the District of Kenora. 35. That part of the King s Highway known as No. 89 lying between a point situate at its intersection with a point measured 800 metres westerly from the centre line of its western most intersection with the King s Highway known as No. 10 in the Town of Shelburne, in the County of Dufferin, and a point situate 1.4 kilometres measured east from the centre line of the King s Highway known as No. 6 in the Township of Wellington North, in the County of Wellington
57 36. That part of the King s Highway known as No. 89 lying between a point situate at its intersection with a point situate 1.8 km west of its intersection with the King s Highway known as No. 6 in the Township of Wellington North, in the County of Wellington, and a point situate at the intersection with the highway known as Wellington Road No. 2 in the Town of Minto, in the County of Wellington. 37. That part of the King s Highway known as No. 101 lying between a point situate at its intersection with the boundary of the Province of Ontario and the Province of Quebec in the Township of Black River-Matheson, in the District of Cochrane, and a point situate at the middle of the bridge over the Black River in the Township of Black River- Matheson, in the District of Cochrane. 38. That part of the King s Highway known as No. 101 lying between a point situate at its western most intersection with the King s Highway known as No. 11 in the Township of Black River-Matheson, in the District of Cochrane, and a point situate at its intersection with the Tertiary Highway known as No. 803 the City of Timmins, in the District of Cochrane. 39. That part of the King s Highway known as No. 101 lying between a point situate at its intersection with the King s Highway known as No. 144 in the City of Timmins, in the District of Cochrane, and a point situate 120 metres measured easterly from the centre line of the highway known as Watson s Skyway Road in the Township of Michipicoten, in the District of Algoma. 40. That part of the King s Highway known as No. 108 lying between a point situate at its intersection with the King s Highway known as No. 17 in the Township of The North Shore, in the District of Algoma, and a point situate at its intersection with the highway known as Eastern Drive South in the City of Elliot Lake, in the District of Algoma. 41. That part of the King s Highway known as No. 112 lying between a point situate at its intersection with the King s Highway known as No. 11 in the District of Timiskaming and a point situate at its intersection with the King s Highway known as No. 66 in the Town of Kirkland Lake, in the District of Timiskaming. 42. That part of the King s Highway known as No. 118 lying between a point situate at its intersection with the highway known as Haliburton Road 14 (also known as Eagle Lake Road) in the Municipality of Dysart et al, in the County of Halibuton, and a point situate at its intersection with the King s Highway known as No. 11 in the Town of Bracebridge, in the District of Muskoka. 43. That part of the King s Highway known as No. 118 lying between a point situate at its intersection with a point measured 500 easterly from the centre line of the highway known as Dover Spring Road in the Municipality of Dysart et al, in the County of Haliburton, and a point situate at its intersection with the King s Highway known as No. 28 in the Township of Faraday, in the County of Hastings. 44. That part of the King s Highway known as No. 124 lying between a point situate at its intersection with the highway known as Hurdville Road South in the Township of McDougall, in the District of Parry Sound, and a point situate at its intersection with the King s Highway known as No. 11 in the Township of Strong, in the District of Parry Sound. 45. That part of the King s Highway known as No. 129 lying between a point situate 900 metres measured north of the centre line of the highway known as River Street in the Town of Thessalon, in the District of Algoma, and a point situate at 500 metres measured north of the centre line of the highway known as Eastern Drive South in the Township of Chapleau, in the District of Sudbury. 46. That part of the King s Highway known as No. 132 lying between a point situate at 1.5 kilometres measured west of the centre line of the highway known as Renfrew County Road 33 (also known as Lochiel Avenue) in the Town of Renfew in the County of Renfrew and a point situate at its intersection with the King s Highway known as No. 41 in the Township of Bonnechere Valley in the County of Renfrew. 47. That part of the King s Highway known as No. 144 lying between a point situate at its intersection with the highway known as Cartier East Entrance Road in the Geographic Township of Cartier, in the District of Sudbury, and a point situate at its intersection with the King s Highway known as No. 101 in the City of Timmins, in the District of Cochrane. 48. REVOKED: O. Reg. 135/15, s. 11 (5). SCHEDULE C 15 O. Reg. 316/03, Sched. B; O. Reg. 135/15, s. 11. AREAS IN FAR NORTHERN ONTARIO AND UNORGANIZED TERRITORY 1. The areas in the districts of Kenora and Thunder Bay north of the railway tracks of the Canadian National Railways passing through the municipalities of Malachi, Minaki, Quibell, Sioux Lookout, Savant Lake, Armstrong and Nakina. 2. The area in the Territorial District of Cochrane north of 50 degrees latitude. 3. The area in the Territorial District of Algoma north of the railway tracks of the Canadian Pacific Railway passing through the municipalities of Amyot, Franz and Missanabie. 33
58 4. All highways that are in unorganized territory and that are under the jurisdiction and control of a road authority other than the Ministry. O. Reg. 316/03, Sched. C. Back to top 33 16
59 ATV Frequently Asked Questions Appendix 3 Ministry of Transportation Q1 : What types of ORVs and ATVs can operate on-road? Effective July 1, 2015, more types of ORVs and ATVs are allowed on some provincial highways and municipal roads, where permitted. These vehicles include: Single-rider ATVs Two-up ATVs Side-by-Side ORVs Utility Terrain Vehicles (UTVs) Q2 : What are the requirements for riding ORVs on-road? ORVs that meet the requirements under Section 1 of the Highway Traffic Act (HTA) Regulation 316/03 and Section 10 of the regulation may operate on permitted provincial highways and municipal roads where a by-law permits their use. Check Section 1 of the regulation to find out if your ORV or ATV is eligible for on-road use. Check Section 10 of the regulation for specific industry standards and equipment requirements. Please check your ORV s compliance label to ensure that the manufacturer certifies it meets one of the following standards outlined below. An ORV that does not meet any of these standards is restricted to off-road use only. If manufactured after December 31, 2001, the ORV must meet the equipment configuration and performance requirements outlined in at least one of the following applicable standards: ANSI/SVIA , entitled American National Standard for Four Wheel All-Terrain Vehicles Equipment, Configuration, and Performance Requirements ANSI/SVIA , entitled American National Standard for Four Wheel All-Terrain Vehicles ANSI/SVIA , entitled American National Standard for Four Wheel All-Terrain Vehicles
60 ANSI/ROHVA , entitled American National Standard for Recreational Off-Highway Vehicles COHV , entitled Canadian Off-Highway Vehicle Distributors Council Standard for Four Wheel All-Terrain Vehicles COHV , entitled Canadian Off-Highway Vehicle Distributors Council Standard for Recreational Off-Highway Vehicles ANSI/OPEI B , entitled American National Standard for Multipurpose Off-Highway Utility Vehicles COHV , entitled Canadian Off-Highway Vehicle Distributors Council Standard for Multipurpose Off-Highway Utility Vehicles ANSI/ROHVA , entitled American National Standard for Recreational Off-Highway Vehicles Q3 : What is a two-up ATV? A two-up ATV is designed for a driver and one passenger only; must have a seat designed to be straddled by the passenger while sitting facing forward behind the driver; and, foot rests for the passenger that are separate from the foot rests for the driver. All ATVs must display an overloading warning label and a manufacture compliance label in plain view. Please check your ATV compliance label to ensure the manufacturer certifies it meets one of the standards for this type of ATV. Q4 : What is a side-by-side ORV? A side-by-side ORV is a type of ORV that must have: four or more wheels that contact the ground a steering wheel seats that are not designed to be straddled has an engine displacement equal to or less than 1,000 cubic centimetres a weight of 1,700 kilograms or less an overall width of 2.03 metres or less (excluding mirrors) a roll-over protective structure a handle or device that an occupant can grasp a seat belt for each seating position a rear view mirror All ORVs must display a manufacture compliance label in plain view.
61 Please check your ORV s compliance label to ensure the manufacturer certifies it meets one of the standards for this type of ORV. Q5 : What is a utility terrain vehicle (UTV)? A UTV is a type of ORV that must have: four or more wheels that contact the ground a steering wheel seats that are not designed to be straddled a minimum cargo capacity of 159 kilograms a weight of 1,814 kilograms or less an overall width of 2.03 metres or less (excluding mirrors) an occupant protective structure a handle or device that an occupant can grasp a seat belt for each seating position a rear view mirror All UTVs must display a manufacture compliance label in plain view. Please check your UTV's compliance label to ensure the manufacturer certifies it meets one of the standards for this type of UTV. Q6 : What types of roads can ORVs and ATVs use? On selected provincial highways identified in Schedule B of HTA Reg. 316/03. On municipal roads where a by-law permits their use. Municipalities may also create rules to specify the months and/or hours that ATVs and ORVs can operate on their roads. ORVs may not operate on provincial highways and roads identified in Schedule A of HTA Reg. 316/03. If there is no municipal by-law then operation of an ORV, ATV and UTV is prohibited. If in doubt, check with the municipality first before riding. Q7 : Where should ORVs be driven on-road? Along the shoulder of the roadway in the same direction of traffic. If the shoulder is obstructed or if there is no shoulder, ride as close to the right of the road as possible.
62 If the ORV is too large to fully operate on the shoulder of a roadway with all tires on the shoulder, the ORV may ride on the roadway as close to the right of the road as possible. Q8 : Do municipalities have to pass by-laws to allow ORVs on their roads? Yes. Unlike the snowmobile framework, municipalities must opt-in to the ORV framework. This means they may pass a by-law to allow these additional types of ORVs on their roads, but municipalities are not required to pass a by-law. Existing by-laws may need to be amended to allow these additional types of ORVs on municipal roads. If a by-law does not exist then ORV operation is not allowed. If in doubt, check with the municipality first before riding on their roads. Q9 : What are the rules to drive an ORV on-road? Only those with a minimum G2 or M2 licence may operate an ORV on highways and municipal roads where permitted. Operators must wear an approved motorcycle helmet that is securely fastened under the chin with a chin strap. Graduated Licensing System requirements apply to young and novice drivers when driving on-road. The driver must carry the registration permit or a true copy (i.e. photocopy of both front and back of the permit). Q10 : Are there age restrictions for passengers riding on-road? Yes. Children under the age of eight are not permitted to be a passenger on an ORV that is operating on-road. This requirement aligns with existing Highway Traffic Act seat belt rules. Q11 : What are the new operator and rider requirements? Where applicable, the existing operating requirements for singlerider ATVs have been transferred to these additional types of ORVs. There are new rules that include: If the vehicle was manufactured with seat belts, everyone must buckle up. If the vehicle has passenger foot rests, the passenger must be able to reach these foot rests.
63 The number of occupants is limited to the number of available seating positions. No passengers under the age of 8 are allowed and additional passenger restrictions apply if the driver is a young and novice driver with a minimum G2 or M2 licence. All riders drivers and passengers must wear an approved motorcycle helmet. Q12 : What type of insurance is required to operate on-road? The ORV must be insured under a motor vehicle liability policy that complies with the Insurance Act and with section 2 of the Compulsory Automobile Insurance Act. Q13 : What are the requirements for an ATV s overloading warning label? ATVs, including single-rider and two-up ATVs, manufactured after December 31, 2001 must display an overloading warning label placed on the ATV at the time of original manufacture to show the maximum weight capacity as outlined in Section 11 of the regulation. This label must be displayed in plain view and not altered or damaged. Q14 : What are the requirements for an ORV s compliance label? All ORVs manufactured after December 31, 2001 must display a compliance label placed on the vehicle at the time of original manufacture to show the manufacturer s certification that the vehicle meets one of the specified vehicle standards identified in the regulation under Section 10 of the regulation. This label must be displayed in plain view and not altered or damaged. Q15 : How will on-road operation be enforced? There will be an education period in place from July to September 2015 to allow the public and riding community to adjust to these changes. This allows stakeholders, the broader public and riding community to familiarize themselves with the changes prior to Part I tickets being issued for new offences specific to these additional types oforvs. During this public education period, police officers may still issue tickets for traditional HTA offences (e.g., speeding, disobeying traffic signals, etc.) and lay charges for new offences through a summons. Full enforcement is expected by September 2015.
64 Q16 : Why has on-road access been extended to Crown land roads within municipalities? Currently, as part of the Ministry of Natural Resources and Forestry s (MNRF) Public Lands Act Free Use policy, ORVs are permitted to operate on Crown land. These changes clarify that MNRF is the road authority for roads on Crown land administered under the Public Lands Act (PLA) and determine ORV access to Crown land roads. These changes also extend to allow the governing body of provincial parks and conservation reserves to determine ORV access to roads under their jurisdiction. Q17 : What changes have been made to the farmer and trapper exemption? All existing exemptions remain under Section 27 of the regulation. The new changes now allow farmers and trappers to use ORVs of any size while carrying out their commercial duties. Q18 : What changes have been made to the public works exemption? All existing exemptions remain under Section 28 of the regulation. The changes now allow public works employees, as defined in the regulation, to use ORVs of any size while carrying out their commercial duties. Q19 : What changes have been made to the Far Northern Ontario exemption? All existing exemptions remain under Section 29 of the regulation. The changes have returned local decision-making to municipalities in Far Northern Ontario which allow them to determine ORV use on their roads. These municipalities may now pass by-laws restricting ORV use on their roads.
65
66 Ministry of Transportation Ministère des Transports Appendix 4 CAO Office of the Minister Bureau du ministre Ferguson Block,3M Floor 77 Wellesley St. West Toronto. Ontario M7A 1Z June 10, 2015 Êdifice Ferguson,3 étage 77,rue Wellesley ouest Toronto (Ontario) M7A 1Z M lt is my pleasure to take this opportunity to share news affecting off-road vehicle (ORV) use in Ontario. 1 recognize that a number of Ontarians enjoy the use of their ORVs as well as the economic and tourism benefits and increased mobility associated with on-road use of ORVs. As such, 1 am committed to a collaborative approach in our development of policy. This collaborative approach included successful in-person consultations in January 2015, with the participation of 30 different stakeholder groups representing enforcement, municipalities, public health, ORV industry members, agricultural groups and trail organizations. Following that consultation, my ministry continued their engagement efforts by posting proposals to both the government's Regulatory and Environmental Registries for 45 days in order to seek additional feedback from the public. The period for public feedback ended on April 13, 2015, and we received almost 1,800 submissions. 1 am pleased to announce, as a result of these efforts, that existing on-road access rules for "single-rider" ATVs will be extended to additional ORV types which meet specified voluntary off-highway industry standards. These changes will take effect on July 1, 2015, and will allow two-up ail-terrain vehicles (ATVs), side-by-side ATVs and utility terrain vehicles (UTVs) on permitted provincial highways and municipal roads where bylaws permit their use. Notably, there are no changes to the ORV municipal bylaw authority provided in the Highway Traffic Act (HTA). However, municipalities are encouraged to review existing bylaws to ensure they apply to these new ORV types. Additionally, these new ORV types require some safety rules unique to their configurations that do not currently apply to "single-rider" ATVs (e.g.; seat belt requirements, helmets and minimum age for passengers, etc.). While existing Highway Traffic Act offences will immediately apply, the focus of the next three months will be to educate the public about Ontario's road rules for these new ORV types and their additional safety requirements...12
67 -2- I assure you that my ministry recognizes the importance of a vibrant, sustainable and safe power sports sector in Ontario, and we support providing Ontarians with options to safely explore our vast province. To this end, 1 have asked ministry staff to continue to engage stakeholders and community partners in discussions, including the topic of extending on-road access to additional types of ORVs such as UTVs, to ensure Ontario remains amongst the top jurisdictions in road safety. 1 thank you for your support and input on this initiative. My ministry looks forward to continue working with our municipal partners, as well as with enforcement, ORV and trail organizations, and interested road safety partners in communicating these changes during the public education period. Sincerely, Steven Del Duca Minister
68 Ontario Appendix 4 NEWS Ministry of Transportation Ontario lncreasing On-Road Access for Off-Road and Ali-Terrain Vehicles New Rules Will Also Strengthen Safety Requirements for Riders NEWS June 8, 2015 Ontario is enhancing on-road access for more types of off-road vehicles (ORVs) and all-terrain vehicles (ATVs) while increasing safety requirements for riders. Beginning July 1, 2015, the province is implementing the following changes to ensure that ORV and ATV riders safely reach their destination: More types of ORVs and ATVs, including two-up ATVs, side-by-side ATVs and utilityterrain vehicles (UTVs), will be allowed to use the shoulder of public roads Ali riders - including drivers and passengers of al! ages -will have to wear a helmet and use a seatbelt or foot rests, where applicable This month, the province is promoting the new rules before they come in force July 1, 2015, to ensure municipalities have enough time to make necessary bylaw amendments and to remind riders and drivers about the change. The province is also allowing an education period to take place between July 1 to Sept. 1, 2015, before violation tickets are issued. However, during this time police officers may still lay a charge through a summons. Ontario is home to thousands of kilometres of recreational trails making it a popular destination for riders from across Canada and the world. The province consulted with a wide array of municipal, industry, enforcement, as well as health and safety stakeholders to ensure the rules strike the right balance. Enhancing Ontario's tourism and recreational opportunities is part of the government's plan for Ontario. The four-part plan includes investing in people's talents and skills, making the larges! investment in public infrastructure in Ontario's history, creating a dynamic, innovative environment where business thrives, and building a secure retirement savings plan. QUOTES "Our government recognizes the importance of a vibrant, sustainable and safe powersports sector in Ontario, and we support providing Ontarians with more options to safely explore our vast Province." - Steven Del Duca, Minister of Transportation QUICK FACTS Off-road vehicle (ORVs) is a broad term that can include single-rider, two-up and side-byside ATVs and utility terrain vehicles. Drivers operating a permitted ORV along a road or highway must hold al least a G2 or M2 driver's licence, and their vehicle must be registered and insured.
69 Previous to July 1, 2015, only single-rider ATV's could operate along certain provincial and municipal highways. Patrick Searle, Minister's Office, Bob Nichols, Communications Branch, ontario.ca transportation-news Disponible en français
70 CURRENTLY PERMITTEO ON ROAD APPENDIX A: OFF-ROAD VEHICLE TYPES A single-rider all-terrain vehicle (ATV) is designed to travel on four low-pressure tires, having a seat designed to be straddled by the operator, handlebars for steering control and must be designed by the manufacturer to carry a driver only and no passengers. PERMITTED ONROAD AS OF JULY 1, 2015 A two-up ATV is designed, and intended for use by an operator or an operator and a passenger. lt is equipped wlth a seating position behind the operator designed to carry only one passenger. A side-by-side ATV 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 similar characteristics to a side-by-side ATV, but typically also features a box bed. UTVs are generally designed for utility rather than for the recreational purposes. An off-road motorcycle (ORM) is one of the few ORVs manufactured and sold in Canada with a Canadian Motor Vehicle Safety Standard (CMVSS) intended to be applied to it. Unlike the ORVs above, no industry manufacturing standard exists for ORMs. While not limited to amphibious ORVs like the ARGO ATV, some models of side-by-side ATVs and UTVs may also fall within a category of larger ORVs that may have six to eight wheels and accommodate more than four passengers. Amongst other concerns, ministry staff have expressed concerns that it will be difficult to accommodate such a large vehicle footprint on a shoulder.
71 The Corporation of the Township of Report No. PW File No. Agenda Date: August 11 th 2015 Subject: Culvert/Bridge Replacements Tender 2015 Attachments: Culvert/Bridge Replacements Tender 2015 Results RECOMMENDATION The following recommendation is provided for Council s consideration: Whereas three (3) bids were received for the Tender of Culvert/Bridge Replacements for the Township of North Stormont; And whereas the bid from Atlantic Industries Limited is the lowest bid meeting all specifications; And whereas funds in the amount of $22, are available under the 2015 Township of North Stormont Street Culvert Replacement capital budget; Now Therefore Be It Resolved That the bid from Atlantic Industries Limited be accepted at their bid price of $22, plus HST. BACKGROUND As a result of a culvert inspection, the Culvert on McIntosh Road and the Bridge on Strathmore Road were identified to be in poor condition requiring further investigation for rehabilitation and/or replacements. This is to ensure that motorists use these roadways safely. ANALYSIS The purpose of this report is to award the 2015 Culvert/Bridge Replacements to the lowest compliant bidder. The rehabilitation work is set to start on or before September 8th, Under this contract, the Contractor will provide all labor, equipment, materials and supervision necessary to complete the work. The Tender for Culvert/Bridge Replacements was issued on July 24 th, 2015 at 4:30pm and was closed on August 4 th, 2015 at 4:00pm (Noon). We received three (3) submissions which have been reviewed for accuracy and completeness based on the specifications of the Road Superintendent. The submissions are listed by cost: 1. Atlantic Industries Limited $22, plus HST 2. Canada Culvert $27, plus HST 3. ARMTEC $31, plus HST
72 The contractor will be required to follow the Ontario Traffic Manual (Book 7) for working in traffic and be required to follow the Ontario Health and Safety Act including WHIMS Reg ALTERNATIVES 1. The Municipality may cancel the tender. This option is not recommended as it would negatively impact the safety standard of the affected roads. 2. Award the tender to another supplier. This option is not recommended due to increased cost and the satisfactory service that the recommended contractor can provide. FINANCIAL/STAFFING IMPLICATIONS This item has been approved in the current budget: Yes X No N/A This item is within the approved budgeted amount: Yes X No N/A This item is mandated by the Provincial/Federal Government: Yes X No N/A The 2015 Capital Budget included amounts for Bridge & Major Culverts and Bridge Replacement. Staffing implications, as they relate to implementing Council's decision on this matter, are limited to the existing staff complement and applicable administrative policies as approved by Council. Prepared By: Reviewed and Submitted for Council submitted by: consideration by: Megan Beehler Blake Henderson Marc Chénier Public Works Assistant Public Works Superintendent CAO/Clerk 2
73 Culvert/Bridge Replacement Tender Results 2015 Contractor Culvert Cost Bridge Cost Total Project Cost Atlantic Industries Limited $6, $16, $22, Canada Culvert $6, $20, $27, ARMTEC $6, $24, $31, *ALL PRICES ARE WITHOUT HST
74 By-law THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT BY-LAW NO A By-law to Govern the Proceedings of the Council of The Corporation of the Township of North Stormont 1
75 By-law Table of Contents Table of Contents ARTICLE I... 1 SHORT TITLE... 1 ARTICLE II... 1 INTERPRETATION Abstention defined Act - defined Deputy Mayor Ad Hoc Committee - defined Advisory Committee - defined Chair - defined Chief Administrative Officer - defined Clerk - defined Committee - defined Committee Chair or Chair - defined Committee of the Whole - defined Council - defined Debate- defined Closed Session Executive Committee Meeting - defined Local Board - defined Meeting - defined Member - defined Municipal Corporation - defined Point of Information - defined Point of Order - defined Question of Privilege - defined Position or opinion - defined Presiding Member - defined Recorded Vote - defined Rules of Procedure - defined Special Committee defined Standing Committee - defined Time - defined Two-Thirds Vote
76 By-law ARTICLE III...4 GENERAL PROVISION Suspension - Rules Regulations applicable - two-thirds vote Calculation - two-thirds vote Parliamentary Authority Requests from Members of Councils... 5 ARTICLE IV...5 MEETINGS Inaugural - time - place - held Inaugural Agenda Regular - schedule - designated - time Alteration of the date of a Council meeting Other - on holidays - by resolution Exception to meetings Special Meetings Special Meetings - Mayor Special meeting - Members of Council Notice - by Clerk Delivery - Notice Nature of Business - Notice No other business Special meeting - place Emergency Meeting - notice not required Location - Council Meeting Open - to public - Council - Committees - exception Meetings Open to Public - Record Closed to public Closed Session Executive Committee Meeting subject matters Closed - to public - resolution Closed Session Meeting - closed to public - Time Closed Session Executive Committee Meetings records Confidential Matters Orientation Meeting Enquiries and Answers Recording Equipment Communication devices... 9 ARTICLE V...9 ROLES Council Individual Authority - not provided Established Policies - Members - respect Council - liaison - with Chief Administrative Officer Information by Staff Members of Council Questions - operational concerns - complaints
77 By-law Justification of absence Head of Council Chief Administrative Officer Clerk Administration - Officers, Employees ARTICLE VI DUTIES Council Preparation of Members to Council Meeting Requests for substantive reports Interference - direct MAYOR & COMMITTEE CHAIR Open Meeting - call to order Recognize speakers Motions - received - submitted - results announced Mayor may speak or vote Debate - enforce rules - restrain members Decorum - order - enforced By-laws - resolutions - minutes - authentication Point of Order - inform members Disorder - adjourn - suspend - recess - meeting Head of Council (Mayor) - Acting Appointment - upon recommendation Duties - powers - authority Article VII CONDUCT DURING MEETINGS Sovereign - Royal Family - to be respected Members of Council - Municipal Staff Speaking - subject in debate only Criticize - decision - exception - reconsideration Breach - persistent - seat vacated - unless apology Dress Code - Regular - televised - Council meetings and official functions Dress Code Saturday Budget meetings Head Dressing Code of Ethic Confidentiality Executive (In Camera) subjects - public interest Council response Executive Committee Meetings (In Camera) - enquiries
78 By-law ARTICLE VIII. 16 RULES OF DEBATE Chair - preserve order Address to Chair Order - of speaking - determination Voting - members - seated - disturbance - prohibited Speaking - passing between Chair - interruption Speaking - motion - read - upon request Speaking - duration - time limit - 3 minutes Question - motion under discussion - through Chair Question - integrity of Staff Chair - participation - step down - other designated Motion - seconded - before debate ARTICLE IX ORDER OF BUSINESS Agenda - Content Delivery of Agenda ARTICLE X QUORUM Call to Order - quorum present Quorum Quorum - not present - time limit Mayor - absent Mayor - Acting Mayor - absent Quorum - Municipal Conflict of Interest - remedy for lack ARTICLE XI COMMITTEE OF THE WHOLE Committee of the Whole - Mayor presides Reports to be considered Reading By-laws Debate By-laws - Third Reading ARTICLE XII MINUTES Contents - recorded - by Clerk Included in Agenda Adoption - without reading Executive (In Camera) minutes - adoption Minutes - confirmation - signing
79 By-law ARTICLE XIII PRESENTATIONS - DELEGATIONS Heard - request submitted - deadline - items on agenda Material written submitted for Council deadline Presentation defined Presentations ceremonial or financial statements Presentations - time limit Restrictions and permission Delegations - time limit Questions - to delegation Delegations - requests for action - referred Delegations - previously heard by - Planning Advisory Committee Delegation - deemed - inappropriate for Council Delegation - statements - unsubstantiated ARTICLE XIV QUESTION PERIOD FROM THE PUBLIC Restrictions and permission ARTICLE XV BY-LAWS Description - number of readings - listed on agenda Introduction - upon motion - title read Form - typewritten - compliance - relevant Act Readings - three - prior to passing Purpose - effect - explained upon request Debate - amendment Passed - numbered - dated - signed - seal affixed Confirmation - conclusion - of meeting Confirmation - introduction - voted on - without debate ARTICLE XVI CONSENT / CORRESPONDENCE Items - considered - for inclusion Consent items - explanatory note - one motion Items for discussion - routine Request to separate - consent item - to communication Committee Reports - PAC Staffing Requests - previously budgeted ARTICLE XVII RESOLUTIONS - NOTICE OF MOTION Resolutions - notice of motions - debated separately Resolutions - consecutively numbered
80 By-law Notice of Motion - when required - annual budget Notice - introduced - notice requirements Notice - received - by Clerk - included - in agenda Consideration disposal deferred to other meeting Seconded - by any member - seconder not present Notice - delivered time ARTICLE XVIII REPORTS - COMMUNICATION Written - legible - signed Deadline - material submitted - to Clerk Agenda - preparation - substance Tender - Quotation- RFP's reports ARTICLE XIX DISCLOSURE OF INTEREST Disclosing - Member responsibility Disclosing - no influencing Member - leave meeting - in camera Member - absent - from meeting Declaration - recorded - minutes ARTICLE XX COMMITTEES AD HOC COMMITTEE Appoint - Ad Hoc Committee Reports - Ad Hoc Committees of Council Ad Hoc Committee Mandate Discharging of Ad Hoc Committee SPECIAL COMMITTEE Special Committee Appointment Special Committee Procedures Special Committee change in membership Speaking duration time limit 3 minutes STANDING COMMITTEES Composition all Members Appointment Chair Named limited Meetings - minutes - agendas - supplied to members Rules - observed - in all meetings ARTICLE XXI GENERAL RULES ALL COMMITTEES OF COUNCIL Defined Special/Standing Committees
81 By-law Committee appointments of Members of Council Appointment - Special Committees Lay Appointments - Special or Standing committees Mayor Ex-officio Majority - Quorum Members - may attend - no vote Appointment - other member - due to illness - absence Neglect - calling of meetings Members - not attending - removal Absence - Chairperson Committee matters - referred to Council ARTICLE XXII NEW BUSINESS - UNFINISHED BUSINESS Unfinished Business Index Pending List New business - routine nature New business - in writing - mover and seconder - filed New business - filing time - inclusion on agenda New Business - voted on individually New Business - non-routine - Notice of Motion New Business introduced regular meeting Matters not under Council jurisdiction ARTICLE XXIII VOTING Chair need not vote All questions - exception - disqualified Failure to vote - deemed negative Motion - simple majority - required - exception Equal - motion deemed negative Show of hands - exception - recorded vote Recorded - by request - vote announced openly Division - Separate vote - each proposal Member not in their seat - deemed absent Chair - stating the question Announcing - results ARTICLE XXIV MOTION - TO APPEAL Made - at time of ruling - point of order Decision - Chair - final Non-debatable - amendable - reconsidered
82 By-law ARTICLE XXV QUESTION OF PRIVILEGE Integrity - Member - Council - in question Motion - to receive disposition - treated as main motion ARTICLE XXVI 35 REQUEST FOR INFORMATION Request Information ARTICLE XXVII WITHDRAWAL - MOTION Withdrawal of Motion Without consent of seconder In order - anytime during debate Objection - by member - entertained - main motion No objection - withdrawal - without seconder - vote ARTICLE XXVIII POINT OF ORDER Rules of Procedure - breached Language - improper - offensive Discussion - not valid - outside proposed motion Proceedings - other - informality - irregularity Member - rise - ask leave of Chair - point stated Decision - announced - prior to recommencement Address - to Chair - purpose - to appeal decision Decision - of Chair - final - no appeal Appeal - member right - Chair reply - decision final ARTICLE XXIX CLOSE DEBATE - PUT THE QUESTION Non-debatable - amendable Resolved - affirmative - original motion put - no debate ARTICLE XXX REFER OR COMMIT Debatable - amendable - reconsideration - permitted Motion - deemed - possession of the Council Motion presented - debate Motion - outside jurisdiction - of Council Disposition of Motion ARTICLE XXXI MOTION TO AMEND Debatable - amend - permitted Written - when requested - by Chair
83 By-law Relevant to main motion Contrary - to main motion - not in order Amended - once only Council disposition - before amendment - motion ARTICLE XXXII MOTION - TO RECONSIDER Reconsideration - majority of Council - same meeting Amend Something Previously Adopted or Rescind Member - on prevailing side - moves to reconsider Motion to reconsider adopted Adoption of motion - for reconsideration Motion to reconsider - becomes main motion No discussion - unless reconsideration adopted Calculation of reconsideration Reconsideration - only once Use - Notice of Motion - Reconsideration ARTICLE XXXIII MOTION - TO ADJOURN In order - exception Negative - until proceedings completed Member speaking - voting prohibited Affirmative resolution - current question - prohibited Non-debatable Meeting - continuation - 11:00 p.m ARTICLE XXXIV MOTION TO RECESS Length of time - specified Non-debatable-length of time - amendable Future time - treated as main motion ARTICLE XXXV RESIGNATION - MEMBER - VACANCIES Resignation - file in writing - Clerk Filling - vacancy Appointments to vacancies POSITION OF MAYOR Appointment to a Vacancy in the position of Mayor (Sec.263 Municipal Act) POSITION OF COUNCILLOR Appoints to Vacancy Member of Council Members - not attending - removal ARTICLE XXXVI
84 By-law REPEAL - ENACTMENT By-laws - previous Effective date
85 By-law THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT BY-LAW NO A By-law to Govern the Proceedings of the Council of The Corporation of the Township of North Stormont. WHEREAS The Ontario Municipal Act, 2001, authorizes the Council of every municipality to pass by-laws for governing the proceedings of its Council, the conduct of its members and the calling of meetings; and WHEREAS Section 238 (2) further indicates that every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings; and WHEREAS The Council of the Corporation of the Township of North Stormont considers it advisable to pass such a by-law; and WHEREAS The Council shall also follow the regulations as set out within the Municipal Conflict of Interest Act; and the parliamentary authority of Roberts Rules of Order, latest edition now, therefore, be it RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT ENACT AS FOLLOWS: ARTICLE I SHORT TITLE Citation This Chapter may be referred to as the Procedural By-Law ARTICLE II INTERPRETATION 2.1 Abstention defined Abstention means a refusal to vote either for or against a proposal. 2.2 Act - defined Act means the Municipal Act, 2001, as amended from time to time. 1 12
86 2.3 Deputy Mayor - defined Deputy Mayor shall mean one member of Council elected to serve as Deputy Mayors. 2.4 Ad Hoc Committee - defined Ad Hoc Committee means a committee appointed by Council from time to time, to act on a temporary or singular issue and shall be discontinued by Council when their recommendations upon the specified initiative or matter have been provided, and dealt with by Members of Council and further recommendations are no longer required. 2.5 Advisory Committee - defined Advisory Committee means a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 2.6 Chair - defined Chair or Head of Council means the Mayor or Acting Mayor or Chairperson at the meeting. 2.7 Chief Administrative Officer - defined Chief Administrative Officer means the Chief Administrative Officer (CAO) of The Corporation of the Township of North Stormont, designated by By-law. 2.8 Clerk - defined Clerk means the Clerk of The Corporation of the Township of North Stormont, appointed by By-law. 2.9 Committee - defined Committee means all Committees and Local B oards established by resolution of Council Committee Chair or Chair - defined Committee Chair or Chair means the Chair of a Standing Advisory or Special Committee appointed by Council Committee of the Whole - defined Committee of the Whole means all the Members present sitting in Committee of the Whole of Council Council - defined Council means the Council of The Corporation of the Township of North Stormont, which was elected by the registered voters or who has been appointed by virtue of a vacancy. 2
87 2.13 Debate- defined Debate means a discussion to put forth reasons for or against, in which a difference of opinion is expressed In Closed Session Executive Committee Meeting - defined Closed Session or Executive Committee Meeting means a meeting, or portion of a meeting, closed to the general public Local Board - defined Local Board means a municipal service board, transportation commission, board of health, 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, a conservation authority, a public library board and a police services board Meeting - defined Meeting means any regular, special, committee, or other meeting when a majority of the members of Council are present Member - defined Member means a Member of the Council of The Corporation of the Township of North Stormont Municipal Corporation - defined Municipal Corporation means The Corporation of the Township of North Stormont Point of Information - defined Point of Information means a request through the Chair or another Member, for information relevant to the business at hand, but not related to parliamentary procedure Point of Order - defined Point of Order means a matter that when a member thinks that the rules of the meeting are being violated, a member can make a Point of Order ( or raise a question of order, as it is sometimes expressed), thereby calling upon the Chair for a ruling and enforcement of the regular rules Question of Privilege - defined Question of Privilege means a matter that a Member considers to question 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. 3
88 2.22 Position or opinion - defined Position or opinion means something believed or accepted as true by a person Presiding Member - defined Presiding Member means the Mayor or Acting Mayor or Chair of the meeting Recorded Vote - defined Recorded vote means the making of a written record of the name and the vote of each member who votes on a question Rules of Procedure - defined Rules of Procedure means the Special rules and regulations of the Council of the Township of North Stormont, as provided for within this By-law Special Committee defined Special Committee means special committees of the Council of the Township of North Stormont, where one or more Members of the Council participate, but not all Members of the Council, as well as the appointment of nonmembers and who assemble to discuss a particular subject matter of interest to the Council Standing Committee - defined Standing Committee means the standing committees of the Council of the Township of North Stormont, which all Members of Council are forming part of Time - defined Time in this By-law shall be governed by the Time Act Two-Thirds Vote Two-thirds vote is define as 66% of the majority (66% of 5 Council members = 3.3 persons rounded up to the greater meaning 4 members of Council). ARTICLE III GENERAL PROVISION 3.1 Suspension - Rules Regulations applicable - two-thirds vote The rules and regulations contained in 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 a 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. 4
89 3.2 Calculation - two-thirds vote The calculation of two-thirds vote shall be rounded upwards to the next highest decimal. 3.3 Parliamentary Authority The governing legislation, the Procedural By-law, or any standing or special rules of order adopted by The Corporation of the Township of North Stormont shall govern the procedures of Council. Where inconsistencies exist, the current edition of Roberts Rules of Order will be the parliamentary authority which governs the proceedings of The Corporation of the Township of North Stormont. 3.4 Requests from Members of Council All requests from any member of Council concerning any administrative matter of the Corporation of the Township of North Stormont shall be directed to the Chief Administrative Officer for proper action. ARTICLE IV MEETINGS 4.1 Inaugural - time - place - held The Inaugural Meeting of the Council, following a regular election, shall be considered the Councils First meeting and shall be held on the First Tuesday in December, of an election year, beginning at 6:30 p.m., in accordance to the Municipal Elections Act Sec Inaugural Agenda The Mayor Elect and the Clerk shall be responsible for the content of the Agenda of the Inaugural Meeting and the arrangements for the Inaugural proceedings. 4.2 Regular - schedule - designated - time The next and each succeeding regular meeting shall be held on the second and fourth Tuesdays of each month, commencing at 6:30 p.m. At such place within the Township of North Stormont designated for such purpose by the Council and shall be held in accordance with the schedule of meetings of Council and the Committees of Council prepared by the Clerk Alteration of the date of a Council meeting Council may alter the date and/or time of a Council meeting provided that a notice of 48 hours (calculated on working days) is posted on the municipal Web site. 5
90 4.3 Other - on holidays - by resolution All regular meetings shall be held on Tuesdays at the time prescribed by resolution of the Council or unless such a day is identified as a public or civic holiday, in which case the Council shall meet at the same hour on the next following day which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 4.4 Exception to meetings Notwithstanding the provisions of Section 4.2 and 4.3 of this By-law, there shall be: one meeting of Council in the month of February, which shall be held on the second Tuesday of the month; one meeting of Council in the month of July, which shall be held on the second Tuesday of the month; one meeting of Council in the month of August, which shall be held on the fourth Tuesday of the month and one meeting of Council in the month of December, which shall be held on the second Tuesday of the month. Should the meeting fall on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday. Furthermore, in an election year, no meetings shall be held after nomination day until the Inaugural ceremony for the new Council members. 4.5 Special Meetings Special Meetings - Mayor In addition to Public Meetings, the Mayor 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 Special meeting - Members of Council Upon receipt of the petition of the majority of the Members, the Clerk shall summon a Special Meeting for the purpose and at the date and time mentioned in the petition Notice - by Clerk The Clerk shall give all Members notice of a Special Meeting of Council at least twenty-four (24) hours before the time appointed for such meeting Delivery - Notice Notice may be given by delivering a notice personally to a Member by electronic mail to such residence or place of business, or by telephone 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. 6
91 4.5.6 No other business No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting Special meeting - place All Special Meetings of Council shall be held at the location of the last regular meeting of Council, unless an alternative location is specified in the notice of meeting. 4.6 Emergency Meeting - notice not required Notwithstanding any other provision of this By-law, an Emergency Meeting may be held, without written notice, to deal with an emergency or extraordinary situation, provided that an attempt has been made by the Clerk or her/his designate to notify the Members about the Meeting as soon as possible and in the most expedient manner available. 4.7 Location - Council Meeting All Council meetings shall be held at such place within the Township of North Stormont designated. In the event of an Emergency declared by the Head of Council or any other Lead Agency as identified with the Emergency Management Act within the confines of a declared emergency, the Council shall be asked to meet at an identified location accessible by Member s of Council. 4.8 Open - to public - Council - Committees - exception Meetings of the Council and its standing committees shall be open to the public except as provided in Sections 4.10 and 4.11; and as provided for under section 239(2) and (3) and (3.1) of the Municipal Act Meetings Open to Public - Record All Council Meetings open to the public shall be recorded without note or comment on all resolutions, decisions and other proceedings and shall also be electronically recorded and kept for archival purposes. 4.9 Closed - to public - Closed Session Executive Committee Meeting subject matters A meeting or part of a meeting of the Council or its standing committees may be closed to the public if the subject matter being considered is: a) The security of the property of the municipality or local board. b) Personal matters about an identifiable individual, including municipal or local board employees. c) A proposed or pending acquisition or disposition of land for municipal or local board purposes d) Labour relations or employee negotiations 7
92 e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board f) The receiving of advice that is subject to solicitor, client privilege, including communications necessary for this purpose. g) A matter in respect of which a Council, local board, committee or other body has authorized a meeting to be closed under another Act. h) A matter relating to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act, if Council is designated as head of the institution for the purposes of the Act. i) Educational or training session j) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied: k) The meeting is held for the purpose of educating or training the members; and l) At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision making of the council, local board or committee Closed Session - to public - resolution Prior to holding a meeting which is closed to the public, Council or the Committee shall pass a resolution stating the purpose of the holding of the closed meeting and including the general nature of the matter to be considered at the closed meeting Closed Session - closed to public - Time A Closed Session, shall commence at a time prescribed by the Township Clerk and/or Chief Administrative Officer upon consultation with the Mayor and the meetings shall be adjourned no later than 10:50 p.m Closed Session Executive Committee Meetings records All Closed Sessions to the public shall be recorded without note or comment on all resolutions, decisions and other proceedings Confidential Matters Members are to ensure that confidential matters disclosed to them during closed Executive meetings are kept confidential. Any member, who contravenes the confidentiality clause, may be subject, by majority vote of the Council, to penalties in accordance to section Orientation Meeting An Orientation meeting of the Council, shall be considered as an information meeting to newly elected Members of councils in order to provide Members with the general process of what an elected Member could expect such as the Inaugural meeting process, how many committees they may be sitting on as Council representatives and how that translates into meetings, process of a 8
93 Council meeting, protocol, dress codes, payroll and overview of the budget process etc Enquiries and Answers a) Any special enquiry made by a member at a meeting of the Council must be submitted in writing, signed by the member, and referred to the Chief Administrative Officer for response. b) A response to such enquiry shall be provided in writing in accordance with the procedures under the Municipal Freedom of Information and Protection of Privacy Act, and distributed all members of Council. c) Should the request involve extraordinary staff research time and production costs, the Council shall be advised Recording Equipment At the meetings of Council and Committees, the use of any device of a mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory means may be permitted and may be subject to the approval and/or direction of the Mayor or President Officer unless otherwise decided by the Council Communication devices a) The use of cellular phones, audible pagers or any other similar communication device is not permitted at Council or Committee meetings. b) Despite Subsection , the use of any communication device is permitted to the Municipality emergency personnel on duly. ARTICLE V ROLES 5.1 Council It is the role of Council: a) to represent the public and to consider the well-being and interest of the municipality; b) to develop and evaluate the policies and programs of the municipality; c) to determine which services the municipality provides; d) to ensure that administrative practices and procedures are in place to implement the decisions of Council; e) to maintain the financial integrity of the municipality; f) to carry out the duties of Council under this or any other Act; 9
94 g) to direct staff, by majority vote, to perform such duties as is necessary to the efficient management of the affairs of the community; h) to direct staff, by majority vote, to research such matters as the Council deems necessary Individual Authority - not provided No individual Council Member may direct any member of the staff to perform such duties that have not been authorized by resolution of the Council or by the Chief Administrative Officer Established Policies - Members - respect Members of Council shall respect and adhere to the Policies set by the Council and under no circumstances take it upon them individually to circumvent established Policies Council - liaison - with Chief Administrative Officer Council Members will liaise with the Chief Administrative Officer Information - by Staff - Members of Council Council members may request information from members of staff who have been assigned the responsibility of providing information, such as meeting times, copies of documents, information on standard operating procedures Questions - operational concerns - complaints Questions or issues surrounding operational concerns or complaints, excluding basic issues covered in section shall be directed to the Chief Administrative Officer, who will then direct the questions or issues to the appropriate Head of Department Justification of absence Notice of regrets from members unable to attend a Council meeting shall be made directly to the Clerk s Office. 5.2 Head of Council I It is the role of the Head of Council: a) To act as Chief Executive Officer of the municipality; b) To preside over Council meetings; c) To provide leadership to the Council; d) To represent the municipality at official functions; and e) To carry out the duties of the Head of Council under this or any other Act; II Head of Council as Chief Executive Officer a) To uphold and promote the purposes of the municipality; b) To promote public involvement in the municipality s activities; 10
95 c) To act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; d) To participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents; III Under the Rules of Procedure, it also shall be the duty of the Chair; a) To open the meeting of Council by taking the Chair and calling the members to order; b) To receive and submit, in the proper manner, all motions presented by the members; c) To put vote all questions, which are duly moved and seconded, and to announce the result; d) To decline to put to vote, motions which infringe upon the Rules of Procedure or which are beyond the jurisdiction of Council; e) To restrain the members, when engaged in debate, within the Rules of Procedure; f) To enforce on all occasions, the observance of order and decorum by the members and any other persons present in the Chamber; g) To call by name, any member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the meeting is being held; h) To authenticate by his/her signature, when necessary, all by-laws, resolutions and minutes of Council; i) To inform the Council on any point of order as seems necessary; j) To represent and support the Council s decisions; k) To perform other duties when to do so by a resolution of Council; l) If he/she considers it necessary because of grave disorder, to adjourn the sitting without the question being put, or suspend the sitting for a time to be specified by him/her; m) To ensure that no person except a member, officer of employee of the corporation is permitted to enter upon the floor of the Chamber during the sittings of the Council without permission of the Chair or the Council. 5.3 Chief Administrative Officer It is the role of the Chief Administrative Officer: To exercise general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and the staff placed under his supervision; and to perform such other duties as assigned by the Municipality. 11
96 5.4 Clerk It is the role of the Clerk: a) To record, without note or comment, all resolutions, decisions and other proceedings of the Council; b) If required by any member present at a vote, to record the name and vote of every member voting on any matter or question; c) To keep the originals or copies of all by-laws and of all minutes, of the proceedings of the Council; d) To perform other duties required under this Act or under any other Act; and e) To perform such other duties as are assigned by the Municipality. 5.5 Administration - Officers, Employees a) It is the role of the officers and employees of the municipality: To implement Council s decisions and establish administrative practices and procedures to carry out Council s decisions; b) To undertake research and provide advice to Council on the policies and programs of the municipality; and c) To carry out other duties required under this or any other Act and other duties assigned by Council. ARTICLE VI DUTIES 6.1 Council Preparation of Members to Council Meeting Members of Council shall come prepared to every meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting. Whenever possible, the Member(s) shall make inquiries to the Chief Administrative Officer regarding materials supplied in advance of the meeting Requests for substantive reports All requests for substantive reports shall be by Council resolution which shall identify the appropriate Department and objectives of the report Interference - direct No Member(s) shall have the authority to direct or interfere with the performance of any work by Administration for the Township of North Stormont. All inquiries shall be directed through the Office of the Chief Administrative Officer 12
97 6.2 Mayor & Committee Chair Open Meeting - call to order The Mayor or Committee Chair shall preside over the conduct of Meetings, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the Meeting, subject to an appeal to the Council or Committee, as the case may be Recognize speakers The Mayor or Committee Chair shall recognize any Member of Council or Committee (as the case may be) who wishes to speak and determines the order of the speakers 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 Mayor may speak or vote 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, and if the Acting Mayor is absent, by designating another Member to act in their stead until they resume the Chair Debate - enforce rules - restrain members It shall be the duty of the Chair to restrain the Members, within the rules of procedure when engaged in debate 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 By-laws - resolutions - minutes - authentication It shall be the duty of the Chair to authenticate, by his signature when necessary, all by-laws, resolutions and minutes of the Council Point of Order - inform members It shall be the duty of the Chair to inform the Members on any point of order 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. 13
98 6.3 Deputy Mayor The Deputy Mayor shall assist the Mayor in carrying out his/her powers and duties and/or act in the place of the head of council or other member of council designated to preside at meetings in the municipality s procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant. Article VII CONDUCT DURING MEETINGS 7.1 Sovereign - Royal Family - to be respected No Member shall speak disrespectfully of the reigning Sovereign or of any of the Royal Family or of the Governor General, the Lieutenant Governor or any Province or any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario. 7.2 Members of Council - Municipal Staff No Member shall speak disrespectfully nor shall they use offensive words in or against Members of the Council or any member thereof including Municipal Employees. 7.3 Speaking - subject in debate only No Member shall speak on any subject other than the subject in debate. 7.4 Criticize - decision - exception - reconsideration No Member shall criticize any decision of the Council except for the purpose of moving that the resolution be reconsidered. 7.5 Breach - persistent - seat vacated - unless apology Members shall refrain from harmful conduct to the Corporation or its purposes. No Member shall breach the rules of the Council, or a decision of the Chair or of the Council as a whole on questions of order or practice, or upon the interpretation of the rules of Council; and in the case where a Member persists in any such breach after having been called to order by the Chair, the Chair may order that such Member leave his seat for the duration of the meeting of the Council; but if the Member apologizes he shall be permitted to retake his seat. If the Member refuses to leave his seat and refuses to apologize, then the Chair will direct the Chief Administrative Officer or Clerk to have this Member escorted by the OPP. 14
99 7.6 Dress Code - Regular - televised - Council meetings and official functions All Members of Council shall wear proper business attire or Official uniform during regularly scheduled meetings, Special Council meetings and Executive (Closed Session) Council meetings and official functions. 7.7 Head Dressing During the conduct of any meeting of the Council, wearing of any hats, other than for religious purposes, are strictly forbidden by any member of the Council, Administration or member of the public. 7.8 Code of Ethics Confidentiality Executive (Closed Session) subjects - public interest Upon completion of a Closed Session Council meetings, the decisions of the Council with respect to any of the enumerated items listed in Section 4.10, and directions to the Administration in accordance therewith, shall then be reported publicly by Council to the extent permitted for the public interest Council response Executive Committee Meetings (Closed Session) - enquiries The response of Council Members to enquiries about any matter dealt with during a Closed Session closed meeting, prior to it being reported publicly, shall be this matter is still under advisement, no comment, or words to that effect. a) Violation of regulation Any violation of process to this regulation will result in exclusion of the offending Council Member, requiring a two-thirds vote, from future closed meetings of Council and that Member shall no longer be provided with correspondence, materials or information proposed to be dealt with by Members of Council at a closed meeting. b) Exclusion - closed meetings The determination of whether or not a violation of process to the closed meeting provisions of this By-law and the length of the exclusion from closed meetings, if so determined, shall be made by Council at a closed meeting and the issues shall be considered by Council prior to the affected Member being excluded from any closed meeting by a two-thirds vote. The results of Councils deliberation shall be reported out publicly. c) Separate Resolution - per Member If the alleged violation of the process to the closed meeting provisions of this By-law by more than one Member is to be considered, a separate resolution of Council with respect to each affected Member is to be considered. 15
100 d) Member not permitted to vote Notwithstanding Section sub-section (c), the Member affected shall not be permitted to vote on a motion respecting his alleged violation of the closed meeting provision of the Procedural By-law, his exclusion from closed meetings, or the length of any such exclusion. e) Release of Information The release of any information about matters dealt with by Council at a closed meeting shall be made by the Mayor or his delegate only upon direction of the majority of Council. f) Member - expresses - personal position Notwithstanding Section sub-section (b), unless Council by vote determines otherwise, upon the public disclosure of any report discussed Closed Session during a Council meeting, any individual Member may express their own personal position on the item, but shall not refer to or discuss the specific positions or opinions (written or verbal) of other Members or of staff. g) No release public Agendas or any items thereon for consideration by Council at a Closed Session meeting shall not be released to the public. h) Obligation confidentiality It is the obligation of each Member of Council to keep information confidential and this obligation continues even after the member ceases to be a Member of Council. ARTICLE VIII RULES OF DEBATE 8.1 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. 16
101 8.2 Address to Chair Any member, previous to speaking on any motion, shall indicate their desire to speak by the raised hand and shall not rise to speak until recognized by the Chair. 8.3 Order - of speaking - determination The Chair shall recognize the Members in the order they indicate their desire to speak, be acknowledged by the Chair and shall address the Mayor/Chair. 8.4 Voting - members - seated - disturbance - prohibited When the Chair calls for the vote on a motion, each Member shall occupy his seat and shall remain there until the result of the vote has been declared by the Chair, and during such time no Member shall walk across the room to speak to any other Member or make any noise or disturbance. 8.5 Speaking - passing between Chair - 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. 8.6 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. 8.7 Speaking - duration - time limit - 3 minutes No Member of Council 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, and no Member shall, without leave of the Council, speak to the same question or in reply for longer than three (3) minutes. 8.8 Question - motion under discussion - through Chair A Member may concisely ask a question through the Chair only for the purpose of obtaining information relating to the motion under discussion. 8.9 Question - integrity of Staff A Member, while asking questions through the Chair, shall at no time put into question the Municipal Employees personal or professional integrity 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 17
102 such time as the motion(s) and any subsidiary motion(s) applicable to the main motion are disposed Motion - seconded - before debate A motion shall be seconded before it is debated or voted o n. ARTICLE IX ORDER OF BUSINESS 9.1 Agenda - Content The Business of the Council shall in all cases, be taken up in the following order unless otherwise decided by two-thirds of the Members present. Call to Order Technical modifications, Deletions or Amendments Adoption of the Agenda Disclosure of Interest Delegations Mayor s and Councilors message Adoption of Minutes Adoption of the Minutes of Previous Meeting Adoption of the Recommendations of the Municipal Council Committees Receiving of reports from the appointed Municipal Officials Municipal By-laws Unfinished Business from previous meetings New Business Correspondence Question period for the public pertaining to the subject matters discussed Question period to Council Members pertaining to the subject matters discussed Notice of motion Scheduling of meetings Closed session Coming events Confirming By-law Adjournment Delivery of Agenda The agenda will be delivered by electronic transmission (e-genda) to each Member of Council, the Administration and the Media by the Clerk s Department no later than Thursday evening, preceding the scheduled Public Council Meeting. Exceptions may be allowed when preparations of the Council Agenda falls on a week providing four work days, due to Statutory Holidays. Agendas and supporting material shall also be posted on the Web site of the municipality. 18
103 ARTICLE X QUORUM 10.1 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 Quorum A majority of the Members elected (50% +1) to the Council shall constitute a quorum Quorum - not present - time limit If there be 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 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 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 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 three (3). ARTICLE XI COMMITTEE OF THE WHOLE 11.1 Committee of the Whole - Mayor presides When the Council enters into the Committee of the Whole, the Mayor at any time may preside or may leave the Chair, but if the Mayor leaves the Chair, 19
104 the member shall first appoint the Acting Mayor as Chairperson of the Committee who shall maintain order and who shall report the proceedings thereof Reports to be considered While in Committee of the Whole, the following reports shall be considered: Adoption of minutes, presentation, delegations, resolutions / business arising from notice of motions, consent/correspondence, unfinished business reports, communication reports, tenders and request for proposal reports and bylaws 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 Debate By-laws - Third Reading Any By-law may be debated at the Third Reading of the Committee of the Whole 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 quarterly time period. ARTICLE XII MINUTES 12.1 Contents - recorded - by Clerk a) The Clerk shall prepare and cause the minutes to be taken of each Meeting of Council which shall include: b) The place, date and time of the meeting; c) The names of the presiding officer or officers and the record of the attendance of the Members; should a Member enter after the commencement of a Meeting or leave prior to adjournment, the time shall be noted; d) All other proceedings of Council without note or comment Included in Agenda Minutes of the last regular meeting of Council and of all Special Council Meetings held subsequent to 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. 20
105 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 Adoption - without reading The Council minutes may be adopted by the Council without being read Executive (Closed Session) minutes - adoption All minutes of Council Closed Sessions shall be presented to Member of Council for adoption at the next scheduled Council meeting Minutes - confirmation - signing When the minutes have been adopted, they shall be signed by the Mayor and the Clerk. ARTICLE XIII PRESENTATIONS - DELEGATIONS 13.1 Heard - request submitted - deadline - items on agenda Persons desiring to address Council for the purpose of making a verbal presentation with respect to items for Council consideration that fall under the Council s mandate shall be heard at the Council meeting, with those delegations having submitted their request in writing to the Clerk by 3:00 three o clock on the Tuesday preceding the meeting of Council, being heard first, in the order in which such requests are received by the Clerk Material - written - submitted for Council deadline Written material to be distributed to Council shall be submitted to the Clerk by 3:00 three o clock on the Tuesday preceding the meeting of Council and the notice shall specify clearly the business to be presented, who the spokesperson shall be, the date at which the delegation wishes to be entertained Presentation defined A request made for a presentation may be made by the Council to an individual, group or organization or to the Council by individuals, groups or for matters that fall under the Council s mandate. Should the presentation be made where it requires that action be taken by the Council, the request shall be made under delegations Presentations ceremonial or financial statements Presentations of a ceremonial nature or the annual presentation of Consolidated Financial Statements by the municipal Auditor shall be heard at 21
106 the beginning of a Council meeting, immediately following the adoption of minutes Presentations - time limit Council shall hear any presentation for information purposes only, and presentations shall be limited to a maximum of ten (10) minutes. a) Exceptions of the ten (10) minute time frame are provided to the Township Auditor upon its annual presentation of The Corporation's Financial Statement. b) Spokesperson - presentation and/or delegation An organized body wishing to address Council as a presentation and/or delegation, regardless of the number of spokespersons shall be limited to a maximum of ten (10) minutes Restrictions and permission Presentations and/or Delegations shall not be permitted to appear before Council for the sole purpose of generating publicity for an event, or to promote their business. a) Number of Presentations and/or Delegations - meetings On any given scheduled Council meeting, there shall be a maximum of two (2) combined presentation and/or delegation permitted to speak for a maximum time allotment of 10 minutes each. b) Time Schedule - questions Council Members shall be permitted a question period for presentation and/or delegation of a maximum five (5) minutes. each 13.4 Delegations - time limit Persons desiring to address Council as a delegation at a meeting of Council, except as a delegation at a public meeting pursuant to the provisions of the Planning Act shall be permitted to speak on a matter only once and be limited to speak for no more than ten minutes Questions - to delegation Members shall be permitted to ask questions of delegates but shall not make statements to nor enter into debate with such persons. 22
107 13.6 Delegations - requests for action - referred Delegations which request action to be taken by the Council shall be referred to Administration, by majority vote, for a report that shall be dealt with at the following council meeting Delegations - previously heard by - Planning Advisory Committee Any person, not being a member of Council, desiring to address the Council after having addressed the Planning Advisory Committee, shall notify the Clerk only, in writing of the request and shall include with the request any new information that was not available at the hearing before the Planning Advisory Committee. A notice of delegations will not qualify for a designated regular meeting if received later than 3:00 three o clock on the Tuesday preceding the said meeting Delegation - deemed - inappropriate for Council When it is deemed inappropriate that a delegation address Council, the Clerk shall so notify the delegation and Council with a supporting explanation. Such written explanation shall be delivered with the Agenda and the Council, if it so wishes to hear the delegation, shall, by two-thirds vote of the Council Members in attendance, introduces a motion to suspend the rules to allow the delegation to be heard Delegation - statements - unsubstantiated Whenever a delegation in its presentation, offers comments or statements that are deemed to be erroneous and unsubstantiated, any Member of Council or Township Official, may be recognized by the Chair on a Point of Order whereby the member of Council or Township Official so recognized by the Chair may bring necessary corrections or clarifications to the comments or statement said by the delegation. ARTICLE XIV QUESTION PERIOD FROM THE PUBLIC 14.1 Restrictions and permission A question period from the public pertaining to items discussed at the meeting shall be authorized for a maximum of 15 minutes. It may be extended by a majority vote of Council. A person wishing to put a question to Council shall seek permission from the Mayor by advancing to the podium, introducing himself of herself, giving his or her contact information and addressing his or her question to the Mayor. The Mayor may answer the question, refer same to another member of Council or of staff, or if not possible to answer it immediately, he or she shall refer it to the Chief Administrative Officer who shall ensure that the 23
108 concerned department answers shall be circulated to Council. It shall be out of order that a debate be introduced between the person who asked a question and the person who answers it. A person shall be authorized to ask only one question and a sub-question per meeting and shall be limited to three minutes including the introduction. Only questions of public concerns shall be authorized. Questions pertaining to personal files, litigation matters, insurance claims and subjects discussed incamera, matters beyond the municipality s jurisdiction, accusations and complaints against an individual including a member of Council or staff be inadmissible. Speeches shall not be authorized in the question period. A person who has addressed Council in the delegation shall be authorized to ask a question on that matter. No person shall: - Speak disrespectfully of any person; - Use improper language or unparliamentarily language; - Disobey the rules of procedures or a decision of the Mayor. - At no time shall this question period be taken by members of the audience to make speeches, accusations or political purposes. ARTICLE XV BY-LAWS 15.1 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 Introduction - upon motion - title read Every by-law shall be introduced upon motion of a Member specifying the title of the by-law 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 Readings - three - prior to passing Every by-law caption shall be read prior to it being passed and endorsed by the Council. 24
109 15.5 Purpose - effect - explained upon request Any Member may request that the purpose and effect of any particular bylaw be explained, and the Clerk or any other Township Official having knowledge thereof may provide such explanation Debate - amendment A by-law may be debated or amended before final adoption by Council Passed - numbered - dated - signed - seal affixed Every by-law passed by the Council shall be numbered and dated, and shall be sealed with the Seal of the Municipal Corporation and signed by the Mayor and the Clerk and shall be kept by the Clerk in the Clerk s office or any other place appointed for that purpose Confirmation - conclusion - of meeting At the conclusion of all regular meetings of the Council and prior to adjournment, a by-law shall be brought forward to confirm the actions of the Council at that meeting in respect of each motion, resolution and other action taken Confirmation - introduction - voted on - without debate A Confirming by-law when introduced shall be taken as read and finally adopted without debate. ARTICLE XVI CONSENT / CORRESPONDENCE 16.1 Items - considered - for inclusion All items to be considered for the Consent portion of the agenda shall be determined by the Mayor, Chief Administrative Office and the Clerk Consent items - explanatory note - one motion Items listed under the Consent agenda shall be preceded by an explanatory note indicated all matters listed on the Consent Agenda are considered to be routine and will be enacted by one motion. There will not be any separate discussion of these items Items for discussion - routine All items listed under the Consent Agenda shall contain routine matters which are not controversial in nature and which do not need further discussion Request to separate - consent item - to communication Should a Member of Council wish to discuss any matter listed under the Consent Agenda, the Member shall ask immediately upon the Mayor calling 25
110 Any Amendments, Deletions or Corrections to the Agenda, at which time the Member shall request that the item be separated and dealt with under Communication Committee Reports - PAC Planning Advisory Reports (PAC) presented before Council for approval, shall be included under the Consent Agenda Staffing Requests - previously budgeted Municipal staffing requests for existing budgeted positions shall be presented before the Council for approval under the Consent Agenda. ARTICLE XVII RESOLUTIONS - NOTICE OF MOTION 17.1 Resolutions - notice of motions - debated separately Every matter listed under Resolution or Notice of Motions introduced at a previous meeting, shall be dealt with individually Resolutions - consecutively numbered All resolutions presented to the Council shall be consecutively numbered, on a yearly basis Notice of Motion - when required - annual budget A Notice of Motion shall be introduced in writing, when a Member of Council or a Municipal Official wishes to amend, repeal or alter a by-law, the preapproved budget or any motion previously approved by Council, and where the motion is to introduce any measure of change in the Council s previously established policies Notice - introduced - notice requirements a) A Member may introduce a notice of motion 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. b) A member of the Administration may introduce a Notice of Motion without the requirement of a mover and seconder 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 Resolution. 26
111 17.6 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 Seconded - by any member - seconder not present Any Member may agree to second a notice of motion if the seconder is absent from the meeting when the notice of motion is called for by the Chair Notice - delivered time Notice of motions may be delivered to the Clerk no later than 3:00 p.m. on the Tuesday preceding the date of the next regular meeting, in order to be included to the final 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 REPORTS - COMMUNICATION 18.1 Written - legible - signed Every communication report to be presented to the Council shall be prepared under the approved submission agenda program, with an identifiable recommendation, and shall be signed by the Chief Administrative Officer and where financial implications are identified, the Treasurer Deadline - material submitted - to Clerk Every communication report which deals with a matter on the Council agenda shall be delivered to the Clerk no later than 3:00 p.m. on the Tuesday preceding the meeting of the Council in order to be printed on the agenda Agenda - preparation - substance The Clerk shall prepare a summary of the substance of all correspondence/reports for inclusion in the agenda. Any Member of Council may require the Clerk to read part or all of any correspondence Tender - Quotation- RFP's reports All reports identified as tenders, quotations or requests for proposals, shall be presented under the Heading of Tenders and shall be dealt with individually. 27
112 ARTICLE XIX DISCLOSURE OF INTEREST 19.1 Disclosing - Member responsibility All Members shall govern themselves at any Meeting in accordance with the current legislation respecting any disclosure of interest they may have in accordance to the Conflict of Interest Act. It is the responsibility of the Member to identify and disclose any interest Disclosing - no influencing The Member shall disclose the interest including the general nature thereof, prior to any consideration of the matter and shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question Member - leave meeting - in camera Where the meeting is not open to the public, the Member shall immediately leave the Meeting or the part of the meeting during which the matter is under consideration Member - absent - from meeting Where a Member is absent from a meeting which includes a matter on which they have an interest, the Member shall disclose this interest at the next public meeting they attend Declaration - recorded - minutes The declaration of interest shall be recorded in the Minutes or report of the meeting and, where the meeting was open to the public, the general nature of such declaration. ARTICLE XX COMMITTEES AD HOC COMMITTEE 20.1 Appoint - Ad Hoc Committee 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 is not of a continuous nature Reports - Ad Hoc Committees of Council Members appointed by the Council to sit on the Ad Hoc Committee shall file their final report to the Members of the Council for debate and final resolution. 28
113 20.3 Ad Hoc Committee Mandate Each Committee shall be given a clear mandate and well defined terms of reference which will include among other things, the composition, reporting relationship, resources available to the committee and, if required, a defined time frame Discharging of Ad Hoc Committee Once the Ad Hoc Committee has filed its report with the Council and Members have dealt with the matter referred to the Ad Hoc Committee, on presentation of its final report to the Members of Council, it automatically ceases to exist. SPECIAL COMMITTEE 20.5 Special Committee Appointment At the start of every new Term of Council, the Head of Council, in consultation with elected Members of Council, shall determine and appoint individual Councilors to sit on various Special Committees as a representative of Council. The appointments shall be endorsed by By-law during their Inaugural Meeting Special Committee Procedures All Committees recognized as a Special Council, through By- law and where a Member of Council sit on their Board, shall conduct their meetings in accordance to the adopted Procedures By-law governing Members of Council Special Committee change in membership Occasionally throughout the mandate of a current term of Council, the need may arise where a change of Members of Council is required. Any change shall be reported to the Head of Council, who shall have the authority to recommend an alternate Member of Council to the Committee Speaking duration time limit 3 minutes Members of Council who wish to provide brief remarks on matters relating to a Special Committee to which they have been appointed, shall, upon recognition by the Chair speak no more than three (3) minutes on the matter. There shall be no debate on the information provided. STANDING COMMITTEES 20.9 Composition all Members A Standing Committee shall be composed of all Members of the Council. 29
114 20.10 Appointment Chair The Chair and Vice-Chair of a Standing Committee shall be appointed by the Committee Named limited At this time, the Planning Advisory Committee is the only Standing Committee of Council Meetings - minutes - agendas - supplied to members It shall be the duty of the Standing Committee to ensure that the minutes of the last regular meeting of together with an agenda containing reports to be considered is made available to each Member on the Friday preceding the day of the holding of such Meeting Rules - observed - in all meetings The rules governing the procedures of the Council and the conduct of its Members shall be observed in meetings of the Standing Committee in so far as they are applicable. ARTICLE XXI GENERAL RULES ALL COMMITTEES OF COUNCIL 21.1 Defined Special/Standing Committees a) Special / Standing Committees of Council shall be defined as meeting all of the follows criteria: b) Committee must be appointed by Council in accordance with its Procedural By-law. c) Committee shall report to and/or be responsible to Council as a governing body. d) Committee must be part of the municipality s budget with finances subject to municipal policies (i.e. not an outside body with its own bank account, purchasing etc.) 21.2 Committee appointments of Members of Council Members of Council shall be selected to sit on various Boards and Committees of Council by the Head of Council at its Inaugural meeting held at the beginning of a new term of office. Appointments shall be for the term of Council unless the By-law specifies a shorter time and where a reappointment may be made. 30
115 21.3 Appointment - Special Committees Special Committees of Council may be appointed by the Council or by the Mayor with the approval of Council, at any time of the year as deemed necessary for consideration of special matters. Upon the appointment of a Special Committee, Administration will be directed to prepare the Draft Term of Reference necessary for the Committee to begin its work Lay Appointments - Special or Standing committees Appointments to any Special Committee or Standing Committee, from noncouncil members shall be made following these criteria: Public notice soliciting individual applications, from citizens of North Stormont shall be conducted. All applications shall then be presented to the Lay Appointments Committee of Council, who shall make its recommendation to the Council, during an Executive Meeting (Closed Session) for approval Mayor - Ex-officio The Mayor shall be an ex-officio Member of all Council Committees, and may vote on all questions before the Committee but shall not be counted in the formation of a quorum Majority - Quorum A majority (50% +1) of all members of a Committee shall constitute a quorum Members - may attend - no vote Members of the Council may attend and participate in the discussion or debate at any Committee meeting, but shall not be allowed to vote unless they are Members appointed by the Council to that Committee Appointment - other member - due to illness - absence Should a Member of Council, appointed to any Committee, be unable to attend the meetings of such Committee due to illness or absence from the Municipality, the Council may appoint another member to act in his stead and the member so appointed shall be deemed to be a member of the Committee and entitled to act thereon only during such illness or absence Neglect - calling of meetings Should a Chairperson of any Committee neglect or refuse to call a meeting of his Committee at such time or with such frequency as the proper dispatch of the business entrusted to the Committee requires, or do the business of the Committee without the knowledge or consent of its members, or contrary to their wishes or sanction, the Committee may report such neglect, refusal or action to the Council who may, remove said Chairperson from the Committee and appoint another member in his place. 31
116 21.10 Members - not attending - removal Should any Member or Members of a Committee neglect or refuse to attend the properly summoned meetings of their Committees, the Chairperson shall report such neglect or refusal to the Council who may remove the said Member or Members of their place; or should any Committee neglect or refuse to give due attention to all business or matters before them, the Council may, by resolution, discharge such Committee and appoint another in its stead Absence - Chairperson In the absence of the Chairperson, the Vice-Chairperson shall preside, and in the absence of both the Chairperson and the Vice-Chairperson, one of the other Members shall be elected to preside pro temp, who shall discharge the duties of the Chairperson during the meeting or until the arrival of the Chairperson Committee matters - referred to Council No order or authority to do any matter or thing shall be recognized as originating from any Committee, and all Committee matters shall be referred to Municipal Council and approved before becoming effective. ARTICLE XXII NEW BUSINESS - UNFINISHED BUSINESS 22.1 Unfinished Business Index Pending List All matters brought forward to Members of Council for consideration and that have not been disposed of or that has been referred or committee to a future date, shall be indexed under a pending list and considered unfinished business and shall identify which department has been given ownership of providing a future report 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 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 New business - filing time - inclusion on agenda New Business motions that are filed prior to 3:00 p.m. on the Tuesday preceding a regular meeting shall be included to the printing of the agenda. 32
117 22.5 New Business - voted on individually All New Business motions shall be voted on individually 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 regular meeting of Council under Resolution for Council discussion, such as but not limited to expenditures, changes in policy etc 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 all Members of Council prior to the meeting at which the motion is being introduced Matters not under Council jurisdiction Any matter not considered to be matters under the Municipal Council s jurisdiction, after consultation with the Mayor, Chief Administrative Officer and Clerk, shall not be accepted. ARTICLE XXIII VOTING 23.1 Chair need not vote The Chair may vote as any other Member when the vote is to be recorded. In all other cases, the Chair, may (but is not obliged to) vote whenever his vote will affect the result that is, he may vote either to break or to cause a tie; or, in the case of a two-thirds vote requirement, he may vote either to cause or to block the attainment of the necessary two-thirds vote All questions - exception - disqualified Every Member present at a meeting, with the exception to Section 22, when a question is put forward, the member may vote thereon unless disqualified to vote on the question Failure to vote - deemed negative Failure to vote by a Member who is not disqualified, and who has not indicated that the member abstains shall be deemed to be a negative vote Motion - simple majority - required - exception The vote required to pass a motion shall be a simple majority (50% +1) except as otherwise provided in this By-law, by Statute or by Robert s Rules of Order. 33
118 23.5 Equal - motion deemed negative In the case of an equal division of votes on a motion, the motion shall be deemed to have been decided in a negative way and defeated for wanting to obtain a majority Show of hands - exception - recorded vote The manner of determining the desire of the Council on a motion shall be by show of hands Recorded - by request - vote announced openly Where a vote is taken for any purpose and a Member requests immediately prior or immediately subsequent to the taking of the vote that the vote be recorded, each Member present, except a Member who is disqualified, from voting, shall sign the motion of his vote openly; and any failure to vote by a Member who is not disqualified or who has not abstained from voting shall be deemed to be a negative vote; and the Clerk shall record each vote Division - Separate vote - each proposal At the request of a Member of Council, a motion containing distinct proposals, that can be acted upon individually may be divided, and a separate vote shall be taken upon each individual proposal Member not in their seat - deemed absent A Member not in their seat when the question is called by the Chair is not entitled to vote on that question and in the case of a recorded vote, shall be recorded as absent Chair - stating the question Immediately preceding the taking of the vote, the Chair shall state the question in the form introduced Announcing - results The Chair shall announce the result of every vote. ARTICLE XXIV MOTION - TO APPEAL 24.1 Made - at time of ruling - point of order A motion to appeal from the decision of the Chair shall be made only at the time the ruling is made by the Chair and shall not require a seconder Decision - Chair - final Unless a Member immediately appeals the Chairs decision, the decision of the Chair shall be final. 34
119 24.3 Non-debatable - amendable - reconsidered A motion to appeal the decision of the Chair shall not be debated or amended. ARTICLE XXV QUESTION OF PRIVILEGE 25.1 Integrity - Member - Council - in question Where a Member considers that the integrity of a Member of Council as a whole has been called into question, the Member may, as a matter of privilege, may rise at any time, with the consent of the Chair, no debate being allowed, for the purpose of drawing attention to Council about the question Motion - to receive disposition - treated as 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 be immediately be considered at the point where it was suspended. ARTICLE XXVI REQUEST FOR INFORMATION 26.1 Request Information Where a Member is uncertain of a particular issue being discussed, the Member may ask the presiding officer 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 parliamentary situation. ARTICLE XXVII WITHDRAWAL - MOTION 27.1 Withdrawal of Motion A request to withdraw a motion shall only be made by the mover of the motion Without consent of seconder A request to withdraw a motion may be made without the consent of the seconder of the motion In order - anytime during debate A request to withdraw a motion shall be in order anytime during debate. 35
120 27.4 Objection - by member - entertained - main motion If a Member objects to the withdrawal of the motion, a motion to maintain the question may be entertained and become a main motion No objection - withdrawal - without seconder - vote If no Member objects to the withdrawal of the motion, the motion shall be considered withdrawn without the necessity of a seconder and a vote. ARTICLE XXVIII POINT OF ORDER 28.1 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 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 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 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 Member - rise - ask leave of Chair - point stated When a Member rises on a point of order, the Member shall ask leave of the Chair to raise the point of order; and after leave is granted, the Member shall state the point of order to the Chair Decision - announced - prior to recommencement No further business shall be conducted until the Chair has decided and stated the point of order Address - to Chair - purpose - to appeal decision Thereafter, a Member shall only address the Chair for the purpose of appealing the Chairs decision to the Council Decision - of Chair - final - no appeal If no Member appeals, the decision of the Chair shall be final. 36
121 28.9 Appeal - member right - Chair reply - decision final If a Member appeals to the Council, the Member shall have the right to state a case. A seconder is requested, the Chair shall have the right to reply and place the question before the Council who shall decide the question without debate, and its decision shall be final. In an appeal from the decision of the Chair, a tie vote sustains the Chair s decision. ARTICLE XXIX CLOSE DEBATE - PUT THE QUESTION 29.1 Non-debatable - amendable A motion to close debate (or) put the question shall not be debatable or amendable, and shall require a two-thirds vote Resolved - affirmative - original motion put - no debate When a motion to close debate (or) put the question is in the affirmative, the original motion shall be put forward without debate or amendment. ARTICLE XXX REFER OR COMMIT 30.1 Debatable - amendable - reconsideration - permitted A motion to refer or Commit a matter shall be debatable and amendable Motion - deemed - possession of the Council After a motion is read by the Clerk, it shall be deemed to be in possession of the Council, but may be withdrawn at any time before decision or amendment, with permission of the Council Motion presented - debate When a motion is presented in Council/Committee, it shall be read before debate Motion - outside jurisdiction - of Council A motion in respect of a matter which is beyond the jurisdiction of Council shall not be in order Disposition of Motion A motion properly presented before Council / Committee for decision must receive disposition before any other motion, not relevant to the main motion introduced. 37
122 ARTICLE XXXI MOTION TO AMEND 31.1 Debatable - amend - permitted A motion to amend shall be debatable, unless the motion to which it adheres to is undebatable Written - when requested - by Chair A motion to amend shall be presented in writing when requested by the Chair Relevant to main motion A motion to amend shall be germane to the main motion Contrary - to main motion - not in order A motion to amend shall not be in order if it is contrary to the main motion Amended - once only Only one amendment shall be allowed to an amendment Council disposition - before amendment - motion A motion to amend shall receive the disposition of the Council before a previous amendment or the motion. ARTICLE XXXII MOTION - TO RECONSIDER 32.1 Reconsideration - majority of Council - same meeting Any matter decided upon by the Council, may be reconsidered at the meeting by a two-thirds (2/3's) vote of the Council 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 Member - on prevailing side - moves to reconsider A motion to reconsider can be made only by a member who voted with the prevailing side or a member who did not vote. 38
123 32.4 Motion to 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 Adoption of motion - for reconsideration If a motion to reconsider has been adopted at a meeting, then consideration of the original matter shall become the next order of business Motion to reconsider - becomes main motion The main motion originally voted on is once again pending; procedurally, it is considered a newly made main motion No discussion - unless reconsideration adopted There shall be no discussion on the main question permitted until the motion for reconsideration is adopted Calculation of reconsideration The calculation of two-thirds (2/3's) vote shall be rounded upwards to the next highest number Reconsideration - only once No motion or report shall be reconsidered more than once at any meeting Use - Notice of Motion - Reconsideration Any member may introduce a Notice of Motion at a meeting of Council to Amend Something Previously Adopted or Rescind a decision previously adopted by the Council. ARTICLE XXXIII MOTION - TO ADJOURN 33.1 In order - exception A motion to adjourn shall always be in order except as otherwise provided for in this By-law Negative - until proceedings completed A motion to adjourn, when resolved in the negative, shall not be presented again until after some intermediate proceedings have been completed by the Council Member speaking - voting prohibited A motion to adjourn shall not be in order when a Member is speaking or during the verification of a vote on a motion. 39
124 33.4 Affirmative resolution - current question - prohibited A motion to adjourn shall not be in order until the current question has been put and a resolution made by motion Non-debatable An unqualified motion to adjourn shall not be debatable or amendable Meeting - continuation - 11:00 p.m. No item of business other than the Confirmatory By-law shall be considered at a meeting of the Council after the hour of 11:00 p.m. local time, unless otherwise decided by a two-thirds (2/3) vote of the Members present. ARTICLE XXXIV MOTION TO RECESS 34.1 Length of time - specified A motion to recess when other business is before the meeting shall specify the length of time of the recess Non-debatable-length of time - amendable A motion to recess when other business is before the meeting shall not be debatable and shall only be amendable with respect to the length of the recess Future time - treated as main motion A motion to recess at a future time shall have no privilege and shall be treated as a main motion. ARTICLE XXXV RESIGNATION - MEMBER - VACANCIES 35.1 Resignation - file in writing - Clerk A Member of Council may resign from office by notice in writing filed with the Clerk of the Corporation of the Township of North Stormont subject to Section 260 (1) and 263 of the Municipal Act Filling - vacancy If a vacancy occurs in the office of a Member of Council, the Council shall, subject to Section 263 of the Municipal Act; fill the vacancy. 40
125 35.3 Appointments to vacancies Subject to Section 263 of the Municipal Act, where a vacancy occurs amongst a seat of the Mayor and/or Councillor, the Council at a meeting called for that purpose shall select the manner in which they wish to fill the vacancy. POSITION OF MAYOR 35.4 Appointment to a Vacancy in the position of Mayor (Sec.263 Municipal Act) a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or b) require a by-election to be held to fill the vacancy in accordance with the Municipal elections Act, 1996; or c) appoint amongst the current Members of Council to fill the vacancy of the Mayor s position. POSITION OF COUNCILLOR 35.5 Appoints to Vacancy Member of Council a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996; or c) appoint the first non-elected candidate for the position of Council Member during its last municipal election to fill the vacancy, subject to conditions in accordance to the Municipal Election Act Members - not attending - removal The office of a Member of Council of the municipality becomes vacant if the Member is absent from the meetings of council for three consecutive months without being authorized to do so by a resolution of council. (Municipal Act (sec 259(1)(c).) ARTICLE XXXVI REPEAL - ENACTMENT 36.1 By-laws - previous By-law No and all adhering amendments are hereby repealed. 41
126 36.2 Effective date This By-law shall come into effect on the 11 th day of August, READ a first, second and third reading this 11 th day of August, Dennis Fife Mayor Marc Chénier Chief Administrative Officer/Clerk 42
127 BY-LAW NO EXPLANATORY NOTE Purpose and Effect of the By-law The Council of the Township of North Stormont received a site specific application to amend Comprehensive Zoning By-law , as amended, to amend the Agricultural Exception Sixty-Four (AG-64) zoning for the property located at County Road 15, Moose Creek, legally described as Concession 7, Part of Lot 14, former Township of Roxborough, now the Township of North Stormont. If the proposed by-law amendment is adopted, the portion of the subject lands which are currently zoned AG-64 will be amended in order to increase the maximum floor area of all buildings from the current 9,000 square feet to 13,200 square feet. The increase in floor area would allow for the applicant to expand their current milk transportation business by adding on a parking garage. The property/land to which the proposed Zoning By-law amendment applies is not the subject of any other planning application under the Planning Act. APPLICANTS: Nicole Theoret, SDG Milk Transport Property Roll Number:
128 THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT BY-LAW NO Being a By-law to Amend Comprehensive Zoning By-law Number of the Township of North Stormont WHEREAS pursuant to the provisions of the Planning Act, R.S.O., 1990 Section 34 as amended, the council of a Municipality may enact by-laws regulating the use of lands and the erection of buildings thereon; AND WHEREAS By-law as amended regulates the use of land and the use and erection of buildings and structures within the Township of North Stormont; AND WHEREAS the Council of The Corporation of the Township of North Stormont deems it expedient and advisable to amend certain requirements of By-law as amended, insofar as they relate to certain lands to which the said By-law apply; AND WHEREAS the matters set out in this by-law are deemed to be in conformity with the Official Plan of the United Counties of Stormont, Dundas and Glengarry, NOW THEREFORE the Council of The Corporation of the Township of North Stormont enacts as follows: 1.0 The areas affected by this By-law are defined as Concession 7, Part of Lot 24, former Township of Roxborough, now the Township of North Stormont (16705 County Rd 15) as indicated by the shaded areas on Schedule A attached hereto, which forms part of the By-law. 2.0 That Schedule 12 of By-law , as amended, is hereby further amended as follows: (a) That the AG-64 zone is hereby amended by striking out 9,015 square feet and replacing it with 13,200 square feet for the maximum aggregate floor area of all buildings. 3.0 All other applicable provisions of By-law Number , as amended, shall continue to apply. 4.0 Subject to the giving of Notice of Passing of this By-law, in accordance with Section 34(18) of the Planning Act, 1990, as amended, shall come into force on the date of passing by the Council of The Corporation of the Township of North Stormont where no notice of appeal or objection is received, pursuant to Section 34(21) of the Planning Act, 1990, as amended. Read a first, second and a third time and finally passed, signed and sealed in open Council this 11 th day of August, Mayor Dennis Fife Clerk Marc Chénier
129 SCHEDULE A ZONING BY-LAW NO Enacted by the Council of The Corporation of the Township of North Stormont This 11 th day of August, 2015 Mayor Clerk Not to Scale Area of subject property to which the Zoning By-law Amendment Applies, being a portion of Concession 7 Part of Lot 24, municipally known as County Road 15.
130 .J" '*-y..^ Township of I HAVELOCK-BELMONT-METHUEN www. hbmtwp. ca INC July 31, 2015 To Municipal Councils in the Province of Ontario Re: Opposed to the Sale of Hydro One The Council of the Township of Havelock-Belmont-Methuen has resolved their support for the resolution passed by the County of Peterborough calling on the Provincial Government to halt the sale of any part of Hydro One; to maintain Hydro One as a wholly owned public asset for the benefit of all Ontarians; and to strengthen Hydro One by investing in the next generation of workers and upgrading aging infrastructure. Members of Council offer their full support for the following resolution passed by the County of Peterborough and have directed that their support be circulated to all municipalities in the Province of Ontario: WHEREAS the public electricity system in Ontario is a critical asset to the economy and generates significant revenue for municipal and provincial governments and gives Ontario a competitive advantage; and WHEREAS experience in other jurisdictions shows that privatization typically means consumers pay more for electricity; and WHEREAS some Ontario municipalities have examined possible sales or mergers of their local distribution companies, and have decided not to sell to Hydro One or the private sector; and WHEREAS the privatization, partial or whole, of electricity will lead to higher rates and tess control; and WHEREAS the sale of shares in Hydro One will provide a short-term financial gain for the province in exchange for a much larger long-term financial loss; and WHEREAS the Province of Ontario has no mandate from voters to sell any part of Hydro One and that such mandate should only be pursued through a public referendum asking Ontarians for their vote of Yes or No with regards to the sale of any part of Hydro One; PO Box 10, 1 Ottawa St. E., Havelock, ON KOL 1ZO P: or I F: I E: havbelmet@hbmtwp. ca
131 NOW THEREFORE be it resolved that The Corporation of the County of Peterborough call on the provincial government to: Halt the sale of any part of Hydro One, and maintain Hydro One as a wholly public asset for the benefit of all Ontarians; Strengthen Hydro One by investing in the next generation of workers and upgrading aging infrastructure; AND BE IT FURTHER resolved that the County of Peterborough communicate this resolution to the Premier, with copies to the Minister of Finance, the Minister of Energy, area MPP's and the Association of Municipalities of Ontario; AND BE IT FURTHER resolved that The Corporation of the County of Peterborough work through the Association of Municipalities of Ontario (AMO) and the Electricity Distributors Association to express their opposition to the privatization of Hydro One. Thank you for your consideration and support in this matter. On behalf of the Council of the Township of Havelock-Belmont-Methuen, Glenn Girven Clerk \L^^- Cc The Premier of Ontario The Minister of Finance The Minister of Energy M. P. P. JeffLeal Association of the Municipalities of Ontario
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136 Media Release NOTICE For Immediate Release July 31, 2015 REMOVAL OF STOP CONTROL ON COUNTY ROAD 12 SOUTHBOUND IN THE VILLAGE OF CRYSLER, TOWNSHIP OF NORTH STORMONT Please be advised that the United Counties of SDG will be removing the STOP control on the southbound leg of the intersection of County Road 12/ Bridge Street and County Road 13/ Charles Street. This change will take effect on Monday, August 24 th, If you should require any additional information, please contact The United Counties of SDG (800) What does the Counties do for you? SDG provides library services, regional economic development, court services, land use planning, and vital transportation infrastructure including the largest county road network in Ontario. SDG administers county-wide policing. SDG collaborates with community partners in providing emergency services, child care, public health, long-term care, and social assistance. Where Ontario Began
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142 NOTIFICATION 5 August 2015 SUBJECT: LAND APPLICATION OF BIOSOLIDS AN ORGANIC-RICH SOIL AMENDMENT ALTERNATIVE TO COMMERCIAL FERTILIZERS. Dear Sir or Madam: We wish to notify you that we plan to land-apply municipal biosolids on agricultural land located on Lot A Concession X Roxborough (see attached map). Biosolids are a fertilizer and soil-building material produced from treated wastewater at the City of Ottawa's Robert O. Pickard Environmental Centre. Biosolids contain organic matter and nutrients such as nitrogen and phosphorus, which are essential for crop production. Biosolids also contain micronutrients such as calcium, magnesium, copper and zinc, which are also essential for plant growth. Many steps are taken to ensure that land application of biosolids is both safe and beneficial. The Government of Ontario has regulations governing the treatment and application of biosolids - including the Nutrient Management Act. Further to these requirements, the City has implemented enhanced guidelines that incorporate additional safeguards recommended by Ottawa's Medical Officer of Health. Like other organic fertilizers, including manure, biosolids land application may result in odour during spreading. To minimise the impact of odours on nearby residents, biosolids are incorporated into the soil within 2 hours of spreading. Please visit ottawa.ca and search biosolids to find additional information on the program. Third High Farms has been contracted by the City of Ottawa to manage the land application of biosolids, which includes hauling, spreading and incorporating the biosolids on agricultural land. Land application activities (delivery, spreading) will take place this summer. Depending upon weather conditions, we expect to start this site no earlier than 19 August 2015 and we anticipate that it will take no more than 2 days to complete. If your property abuts the land application site you may request a free well sample. Samples will be taken both before and after land application (within four weeks prior to application, and between 10 and 12 weeks following land application). To request well water sampling or for more information about the City's biosolids beneficial use program, please contact: Erik Apedaile Office: Toll Free: [email protected] For more information about the City's biosolids beneficial use program, please contact: Pilar DePedro Biosolids Program Coordinator ext: [email protected] Cc: Ms. Karen McPherson, Clerk, Township of North Stormont Ref: 1631
143 Powered by TCPDF ( AVIS le 5 août 2015 OBJET: ÉPANDAGE DE BIOSOLIDES UNE SOLUTION D AMENDEMENT DU SOL RICHE EN MATIÈRES ORGANIQUES QUI REMPLACE LES ENGRAIS COMMERCIAUX. Madame, Monsieur, Nous tenons à vous aviser que nous avons l intention d épandre des biosolides municipaux sur les terres agricoles situées sur le lot A de la concession 10 Roxborough (voir la carte ci-jointe). Les biosolides, qui sont utilisés pour la fertilisation et l amendement du sol, sont produits à partir d eaux usées traitées au Centre Environnemental Robert-O.-Pickard de la Ville d Ottawa. Les biosolides contiennent des matières organiques et des éléments nutritifs comme l azote et le phosphore, qui sont essentiels à la production agricole. Les biosolides contiennent également des oligoéléments comme le calcium, le magnésium, le cuivre et le zinc, qui sont aussi essentiels à la croissance des plantes. De nombreuses mesures sont prises pour que l épandage des biosolides soit à la fois bénéfique et sans risque. Le gouvernement de l Ontario régit le traitement et l épandage de biosolides, notamment grâce à la Loi de 2002 sur la gestion des éléments nutritifs. Outre cette réglementation, la Ville d Ottawa a approuvé des lignes directrices encore plus rigoureuses, qui intègrent des mesures de sécurité supplémentaires recommandées par le médecin chef en santé publique de la Ville d Ottawa. Comme d autres engrais organiques, dont le fumier, les biosolides peuvent dégager des odeurs lors de l épandage. Pour minimiser l'impact des odoeurs pour les résidents du voisinage, les biosolides sont incorporés dans le sol dans les deux heures suivant l épandage. Rendez-vous à ottawa.ca et tapez «biosolides» dans l outil de recherche pour obtenir de plus amples renseignements sur le programme. La Ville a retenu les services de la société Third High Farms pour gérer le programme d épandage de biosolides, qui comprend le transport, l épandage et l incorporation des biosolides dans les terres agricoles. Les activités d épandage (livraison, épandage) se dérouleront cet été. Nous comptons commencer les travaux sur ce site au plus tôt le 19 août 2015, si le temps le permet. Ils ne devraient pas prendre plus de 2 jours. Si votre terrain est adjacent au site, vous pouvez demander un échantillonnage gratuit de l eau de votre puits. Le cas échéant, des échantillons seront prélevés avant et après l épandage (soit dans les 4 semaines précédant les travaux et de 10 à 12 semaines après). Pour demander l échantillonnage de l eau de votre puits ou pour en savoir plus sur le programme d épandage de biosolides de la Ville d Ottawa, veuillez communiquer avec : Erik Apedaile Bureau : Sans frais : [email protected] Pour en savoir plus sur le programme d épandage de biosolides de la Ville d Ottawa, veuillez communiquer avec : Pilar DePedro Coordonnatrice du Programme des Biosolides , poste [email protected] cc: Karen McPherson, Greffière, Township of North Stormont ref: 1631
144 LOT 11 CON 20 PLANTAGENET LOT 10 CON 20 PLANTAGENET TITLE : 1631 Notification Map Residence LOT 12 CON 20 PLANTAGENET CON RD Road Surface Water Field Field Buffer LOT B CON 10 ROXBOROUGH LOT A CON 10 ROXBOROUGH 1:4,000 DATE: 31 July 2015 LOT 1 CON 10 ROXBOROUGH LOT 2 CON 10 ROXBOROUGH City of Ottawa Biosolids Land Application Program HWY 417 HWY 417 DRAWING NUMBER LOT B CON 9 ROXBOROUGH Meters Basemap Courtesy of Land Information Ontario Topographic Map Service LOT A CON 9 ROXBOROUGH 1543 Botsford Street Ottawa Ontario K1G 0P8
145 P.O. Box Union Street Berwick, ON K0C 1G0 Notice of Water Main Flushing August 10 th To August 14 th, 2015 MOOSE CREEK Please be advised that during the period of water main flushing, you may experience rusty water. Be sure to leave your faucet running until it is clear again. P: (613) F: (613) E:
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