Les règlements et politiques qui sont fréquemment demandés par le public se trouvent ci-dessous. La plupart de ces documents sont en anglais seulement. Les règlements suivis d'un * sont des versions consolidées qui sont fournies pour usage administratif et de référence seulement. Elles ne doivent pas être utilisées en lieu de photocopies du règlement original, y compris pour des utilisations légales.

Si vous souhaitez consulter un règlement non inscrit, ou une version non-consolidée, veuillez communiquer avec le bureau de la greffe par courriel au mouellet@clarence-rockland.com ou au 613-446-6022 poste 0.

Politiques

Accessibilité des services à la clientèle – Politique ADM2018-02

Le but de cette politique est d'établir des lignes directrices sur la fourniture de biens et services aux personnes en situation de handicap.

Télécharger la politique ADM2018-02

Bilinguisme – Politique ADM01-01

Une politique pour établir les procédures afin d'assurer un service bilingue dans la Cité de Clarence-Rockland.

Télécharger la politique ADM01-01

Consultation publique - Politique ADM2013-01

Une politique pour établir des lignes directrices pour les consultations publiques.

Télécharger la politique ADM2013-01

Normes d'accessibilité intégrées – Politique ADM2013-02

Une politique pour établir plusieurs normes en matière d'accessibilité que les organisations, y compris la Cité de Clarence-Rockland, doivent satisfaire.

Télécharger la politique ADM2013-02

Vidéosurveillance - Politique Pro2021-010

En vigueur le 1er novembre 2021 

Adopté par la Résolution 2021-190 

1.0 Énoncé de la politique  

La Cité de Clarence-Rockland reconnaît l'équilibre délicat entre le droit d'un individu d'être à l'abri de l'atteinte à la vie privée et la nécessité de protéger la sûreté et la sécurité de ses employés, du public et des biens. En respectant cet équilibre, la Cité s'engage à assurer et à améliorer la sûreté et la sécurité du public, de ses employés et de ses biens en intégrant les meilleures pratiques de sécurité à l'utilisation responsable de la technologie. La Cité veille à ce que les renseignements personnels des personnes capturées par vidéosurveillance soient maintenus comme privés, confidentiels et sécurisés, sauf exception légaux ou dans les situations décrites par la présente politique. 

2.0. But et Objectif  

Les objectifs des systèmes de vidéosurveillance sont d'améliorer la sûreté et la sécurité des employés, du public et des biens de l'entreprise, d'empêcher les activités non autorisées, sur ou impliquant la propriété de la Cité et de réduire les risques et les risques de responsabilité. 

3.0 Définitions 

Cité désigne la Corporation de la Cité de Clarence-Rockland ; 

Greffier désigne la personne nommée par la Cité à titre de greffier conformément au paragraphe 228(1) de la Loi de 2001 sur les municipalités, telle que modifiée. 

LAIMPVP désigne la Loi de 1990 sur l'accès à l'information municipale et la protection de la vie privée de l'Ontario, telle que modifiée. 

Les renseignements personnels conformément à la LAIMPVP, désignent les renseignements enregistrés sur une personne identifiable, incluant :  

  1. les informations relatives à la race, l'origine nationale ou ethnique, la couleur, la religion, l'âge, le sexe, l'orientation sexuelle ou la situation matrimoniale ou familiale de l'individu, 

  1. des informations relatives à l'éducation ou aux antécédents médicaux, psychiatriques, psychologiques, criminels ou professionnels de l'individu ou des informations relatives aux transactions financières dans lesquelles l'individu a été impliqué, 

  1. tout numéro d'identification, symbole ou autre particulier attribué à l'individu, 

  1. l'adresse, le numéro de téléphone, les empreintes digitales ou le groupe sanguin de la personne, 

  1. les opinions ou points de vue personnels de l'individu sauf s'ils se rapportent à un autre individu, 

  1. la correspondance envoyée à une institution par l'individu qui est implicitement ou explicitement de nature privée ou confidentielle, et les réponses à cette correspondance qui révéleraient le contenu de la correspondance originale, 

  1. les points de vue ou opinions d'un autre individu sur l'individu, et 

  1. le nom du particulier s'il apparaît avec d'autres renseignements personnels le concernant ou lorsque la divulgation du nom révélerait d'autres renseignements personnels le concernant; 

4.0 Portée  

Cette politique s'applique à tous les employés de la Cité de Clarence-Rockland, y compris les employés à temps plein, à temps partiel, occasionnels, contractuels, bénévoles et coopératifs. Les entrepreneurs et les fournisseurs de services ont les mêmes droits et attentes que les employés dans cette politique, tout en effectuant des activités autorisées pour la Cité. Cette politique s'applique à tous les systèmes de vidéosurveillance situés dans toutes les propriétés et installations de la Cité. Cette politique ne s'applique pas à la surveillance secrète utilisée comme outil d'enquête à des fins d'application de la loi ou en vue d'un litige. 

5.0 Procédures et lignes directrices  

La Cité de Clarence-Rockland est responsable des systèmes de vidéosurveillance et du maintien de la garde et du contrôle des enregistrements vidéo en tout temps. 

La collecte de renseignements personnels par vidéosurveillance est autorisée en vertu du paragraphe 28(2) de la Loi sur l'accès à l'information municipale et la protection de la vie privée (LAIMPVP). 

Fournir un avis 

Des panneaux sont installés à tous les points d'accès publics vers et à l'intérieur des zones sous surveillance vidéo. Tous les efforts sont faits pour s'assurer qu'une signalisation appropriée est affichée dans toutes les installations à l'aide d'un système de surveillance vidéo. 

Emplacement de la caméra 

Dans la mesure du possible, toutes les caméras réglables ou mobiles sont limitées pour interdire la visualisation d'emplacements non destinés à être surveillés. Les caméras ne peuvent pas regarder à travers une fenêtre d'un bâtiment adjacent ou des zones où un niveau d'intimité plus élevé est attendu, comme dans les toilettes ou les vestiaires. 

Utilisation d'enregistrements vidéo 

Les informations recueillies grâce à la vidéosurveillance ne sont utilisées qu'aux fins de : 

  • Améliorer la sûreté et la sécurité des employés, du public et des biens de l'entreprise ; 

  • Empêcher les activités non autorisées sur ou impliquant la propriété de la Cité; 

  • Aider à enquêter sur une activité illégale; 

  • Évaluer l'efficacité des mesures de sûreté et de sécurité ; 

  • Enquêter sur un incident mettant en cause la sûreté ou la sécurité des personnes, des installations ou des biens ; 

  • Fournir les preuves nécessaires pour protéger les droits légaux de la Cité; 

  • Enquêter sur un incident ou une allégation de faute grave d'un employé ; 

  • Gestion des risques d'entreprise; 

  • Enquêter sur un incident impliquant une réclamation assurable potentielle ou active; ou alors 

  • Un objectif cohérent. 

Chaque fois qu'un rapport d'incident est rempli, la vidéo applicable sera extraite et conservée au besoin. 

 

Lorsqu'un employé de la Ville est impliqué dans un incident pour lequel un enregistrement vidéo est extrait, cet enregistrement vidéo doit être examiné et extrait par un autre employé ou gestionnaire. 

Demandes de divulgation 

La Cité de Clarence-Rockland ne divulgue aucun enregistrement vidéo à un individu ou à une organisation, sauf dans la mesure permise par la LAIMPVP. 

  • Demandes publiques de divulgation - Toute personne peut faire une demande écrite d'accès aux enregistrements vidéo créés par un système de vidéosurveillance par le biais du processus d'accès à l'information. L'accès peut dépendre de la question de savoir s'il y a une atteinte injustifiée à la vie privée d'une autre personne et si des informations exemptées peuvent être raisonnablement supprimées du dossier. 

  • Demandes internes de divulgation – Les employés ou consultants de la Cité peuvent demander une copie d'un enregistrement vidéo si cela est nécessaire à l'exercice de leurs fonctions dans l'exercice des fonctions de l'institution. 

  • Demandes d'application de la loi - La Cité peut divulguer une copie d'un enregistrement vidéo à un organisme d'application de la loi lorsqu'il existe des motifs raisonnables de croire qu'une activité illégale a eu lieu et a été capturée par le système de vidéosurveillance conformément à l'article 32. (g) de la LAIMPVP. 

Si une vidéo contenant des renseignements personnels est divulguée de manière inappropriée ou est soupçonnée, d'avoir été divulguée à une personne non autorisée, l'employé ou le fournisseur de services qui est au courant de la divulgation doit immédiatement informer le gestionnaire approprié, ainsi que le greffier municipal ou les employés délégués. 

Visualisation en direct 

La visualisation en direct est limitée aux périodes pendant lesquelles il existe une probabilité manifestement plus élevée de problèmes de sécurité et de sûreté impliquant les employés, les biens publics ou de l'entreprise, ou la commission d'activités non autorisées dans la zone sous surveillance. Les écrans de connexion directe sont éteints lorsqu'ils ne sont pas utilisés. 

Conservation et destruction 

Une vidéo qui n'a pas été demandée par le public, les employés de la Cité ou les organismes d'application de la loi dans le délai de conservation maximal est considérée comme transitoire et est automatiquement effacée en étant écrasée conformément au règlement sur la rétention des dossiers. 

Si la vidéo est extraite de manière proactive en prévision d'une demande, la vidéo peut être conservée jusqu'à trente (30) jours calendaires. Si aucune demande n'est reçue dans les trente (30) jours, elle est supprimée manuellement. 

L'équipement d'enregistrement numérique ne peut être détruit que s'il est remplacé par un nouvel équipement ou s'il n'est pas réparable. Il ne peut être détruit que par un technicien autorisé et il est détruit de manière à ce qu'il ne puisse plus être utilisé par quiconque et que les informations enregistrées ne puissent être reconstituées ou récupérées par quiconque. 

6.0. Responsabilité 

Le directeur général de l'administration (CAO) : 

  • Assurer la surveillance et le respect de cette politique par tous les employés de la Ville. 

Le Gestionnaire responsable de l'application de la loi municipale : 

  • S'assure qu'un avis public pour la vidéosurveillance est placé sur tous les sites de la Cité qui ont un système de vidéosurveillance ; 

Le greffier municipal et les employés délégués : 

  • Répondre aux demandes de divulgation en vertu de la liberté d'information ou des procédures de divulgation de routine applicables ; 

  • Répondre aux demandes du public et des employés concernant la collecte, l'utilisation et la divulgation de renseignements personnels capturés par un système de vidéosurveillance ; 

  • Répondre aux appels et aux plaintes relatives à la protection de la vie privée reçus par l'intermédiaire du Commissariat à l'information et à la protection de la vie privée de l'Ontario (CIPVP) ; 

  • Instruire les employés et les visiteurs sur la collecte, l'utilisation et la divulgation des renseignements personnels via le système de vidéosurveillance ; 

  • Collaborer avec le(s) gestionnaire(s) de service et le(s) employé(s) en cas de divulgation inappropriée de renseignements personnels ; 

  • Notifier le CIPVP en cas d'atteinte à la vie privée, le cas échéant ; 

  • Effectuer des vérifications internes du système, au besoin, pour assurer la conformité à cette politique et à la MFIPPA. 

Les directeurs, les gestionnaires et les superviseurs : 

  • S'assurer de l'utilisation appropriée du système de vidéosurveillance dans leur(s) installation(s) conformément à cette politique ; 

  • Déléguer et attribuer la responsabilité quant à qui agira en leur nom en suivant les procédures relatives à cette politique en leur absence ; 

  • Fournir une formation spécifique à l’emploi ; 

  • Transmettre toute demande de copie de vidéo de surveillance au greffier municipal ou aux employés délégués ; 

  • Enquêter et signaler toute atteinte à la vie privée au greffier municipal ou aux employés délégués ; 

  • S'assurer que les employés veillent au respect des délais de conservation applicables aux systèmes de vidéosurveillance. 

Les employés : 

  • Signaler à leur gestionnaire ou superviseur toute atteinte présumée à la vie privée ; 

  • Signaler à leur superviseur tout problème avec le système de vidéosurveillance ; 

  • Examiner et se conformer à cette politique et à la MFIPPA dans l'exercice de leurs fonctions et fonctions liées au fonctionnement du système de vidéosurveillance. 

Les employés peuvent faire l'objet d'accusations criminelles, de responsabilité civile et/ou de discipline, y compris, mais sans s'y limiter, le licenciement, pour une violation de cette politique ou des dispositions de la LAIMPVP ou d'autres lois pertinentes. 

Règlements

Adult Entertainment Establishment – 2006-14

En anglais seulement

Un règlement pour légiférer le fonctionnement et la localisation des établissements de divertissement pour adultes dans la Cité de Clarence-Rockland.

Télécharger le règlement 2006-14

Adult Entertainment Parlours – 2006-10

En anglais seulement

Un règlement pour légiférer l'émission de licence, les règles et l'inspection des salons de divertissements pour adultes dans la Cité de Clarence-Rockland.

Télécharger le règlement 2006-10

All Terrain Vehicles - 2005-152 *

Being a by-law to regulate the operation of all terrain vehicles within the City of Clarence-Rockland.

Whereas under the provision of the Municipal Act 2001, Section 8, the powers of natural person exercise of authority and Section 11 (1) spheres of jurisdiction.

And whereas the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8, as amended provides that council of a municipality may pass by-laws;

a) permitting the operation of off-road vehicles on all highways under the jurisdiction of the City of Clarence-Rockland;  

b) prescribing a lower rate of speed for off road vehicles with three or more wheels and low-pressure bearing tires than that prescribed for off road vehicles by regulation on any highway; 

c) permitting the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway or any part or parts thereof during specified months or hours.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1. Definitions:

All Terrain Vehicle

Means an off-road vehicle that, 

i) has four wheels, the tires all of which are in contact with the ground, ii)    has a steering handlebar,

iii) has a seat that is designed to be straddled by the driver, and 

iv) is designated to carry a driver only and no passengers. 

Corporation

Means the Corporation of the City of Clarence-Rockland.

Highway

Includes a common and public highway, street, avenue, parkway, driveway, square,  place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Ministry

Means the Ministry of Transportation and Communications.

Off Road Vehicle

Has the same meaning as in the Off-Road Vehicles Act.

Organized Trail

Means the whole of any trail established and maintained by a municipally recognized ATV recreational organization for the use of off road vehicles.

Park

Means lands within the City of Clarence-Rockland which is designated for parks, conservation parkland and nature trails for recreation purposes.

Peace Officer

Means a Municipal Law Enforcement Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Registration Number

Means a number or combination of letters and numbers

Serviced Roadway

Means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, and includes the plowed portion of the shoulder and, where a highway includes two or more separate serviced roadways, the term Serviced roadway@ refers to any one serviced roadway separately and not to all of the serviced roadways collectively.

General Provisions

1. No person shall drive an All Terrain Vehicle on any highway under the jurisdiction of the Corporation, except within an organized trail as designated by council under schedule “A” of this By-law.   

2. Subject to sections 2, any person driving an All Terrain Vehicle on an organized ATV trail as designated in Schedule “A” to this by-law, shall be subject to a recognized ATV club membership and may use the shoulder of the designated highway to travel.

3. No person shall drive an All Terrain Vehicle any highway and organized trails between the periods of the 15th day of March to the 15th day of May of every year. 

5. Subject to sections 4, the Corporation may shorten or prolong the period of time where any designated highways under schedule “A” and organized trail may be closed to ATV traffic during the spring thaw period or at any time when the Corporation deem necessary to do so.

6. No person shall operate an All Terrain Vehicle on any highway or organized trail between the hours of 11 p.m. to 7 a.m.     

7. No All Terrain Vehicle organized trails located on a private land shall be located within 200 feet from a dwelling.

8. No person shall drive an All Terrain Vehicle on land owned by the Corporation unless the driver has received a written permission from the Parks Director of the Corporation.

Speed Limit

An All Terrain Vehicle shall not be driven at a rate of speed greater than:

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

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

c) 20 kilometers per hour, if part of a highway or organized trail is located in a “Quiet Zone” as designated under schedule “B” of this By-law. 

Identification

1. Every All Terrain Vehicle shall have a registration number, in a clearly visible position, showing the registration number of the All Terrain Vehicle in the form and manner prescribed in the regulations of the ministry.

2. Further to section 10, every All Terrain Vehicle, shall bear a recognized ATV club membership registration number, in the form and manner prescribed by the recognized ATV club policies and guidelines.  

Exemptions

1.In cases of emergency, parades and other special events, the Corporation may authorize or permit the use of All Terrain Vehicles on specific highways during specific times.

2.The regulations prescribed in this by-law does not apply to an All Terrain Vehicle operated by a police officer, constable, conservation officer or peace officer while on duty or any other employee as defined at section 25, Part IV, of the Ontario Regulation 316/03 made under the Highway Traffic Act.

 By-Law Repealed

That By-law No. 2004-33 is hereby repealed.        

That this by-law shall come into force and take effect on the day of its final passing.

Read, done and passed in open council, this 14th day of November, 2005.

Richard Lalonde, Mayor                                                                          

Daniel Gatien, Clerk 

Designated Highways as Organized ATV Trails
HighwayBetween
Division Rd (Closed Road)   Starting at the closed road portion of Division RD.(South) to the intersection of Maisonneuve Road
Maisonneuve Road   Division Rd (closed road) and Du Lac Rd
Du Lac Road Maisonneuve Road to Lalonde Road
Lalonde Road Du Lac Road and Intersection of Pilon Road (Closed road) 
Pilon Rd (Closed Road) Lalonde Road to Pilon Road  
Boileau Road (Closed Road) Lalonde Road to Russell Road
Boileau Road Russell Road to Larose Forest
Clarence-Cambridge Rd. Concession 6 and Concession 11 (2007-21) 
Concession 4 (Closed Road) County Rd. 8 and Concession 25 (2007-21)
Concession 7 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 8(Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 9 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 10 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 11 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21) 
Lalonde Rd. Du Lac Rd. (Closed Road) and Boudreau Rd (2007-127) 
Ettyville Rd.   Boileau Rd and Robillard Rd (2007-127) 
Drouin Rd.  Russel Rd and Larose Forest (2018-159) 

Designated Quiet Zone
HighwayBetween
Division Rd (Closed Road)      50 meters before and after 3355 St-Pascal Road  
Maisonneuve Road   3360 Maisonneuve Road to 3169 Maisonneuve Road  
Du Lac Road    2646 Du Lac Road to 2787 Du Lac Road   
Boileau Road   

3858 Boileau Road to 4037 Boileau Road and 4300 Boileau Road to 4515 Boileau Road

Building fortification - 2002-88

En anglais seulement

Un règlement pour légiférer les fortifications et éléments de protections appliqués aux terrains.

Télécharger le règlement 2002-88

Business License - 2019-20 *

En anglais seulement

 

Being a by-law of the Corporation of the City of Clarence-Rockland to provide for licensing, regulating and governing trades, callings, businesses or occupations. 

Whereas under the provisions of the Municipal Act, S.O. 2001, Chapter 25, Section 150(1), a local municipality may license, regulate and govern any business wholly and partly carried in within the municipality even if the business is being carried on from a location outside the municipality;

And whereas without limiting the powers of section 150 of the Municipal Act S.O. 2001, Chapter 25, to license, regulate and govern a business includes the power,

(a)   to prohibit the carrying on of or engaging in business without a license;

(b)   to fix the expiry date for a license;

(c)   to impose conditions as a requirement of obtaining, continuing to hold or renewing a license, including conditions;

(d)   requiring the payment of license fees;

(e)   restricting the hours of operation of the business; and

(f)    to regulate or govern the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on or engaging in the business.

Now therefore the Council of the City of Clarence-Rockland enacts as follows: 

Definitions

1.      For the purposes of this By-Law:

Amusement Services

Means a business where the renting or temporary use of equipment, items or other equipment designated for the entertainment of the public is provided.  

Applicant

Means a person applying for a licence under this By-Law.

Auctioneer

Means a person selling, renting or putting up for sale, goods, wares, merchandise or effects or livestock by public auction.

Automotive Services

Means a business that offers automobile services, including a automobile body shop, automobile sales garage, automobile gas bar, automobile service station, automobile storage, automobile wrecking yard and car washes whether automatic or not.

Building Department

Means the Chief Building Inspector or any of his subordinates appointed by Council of the Corporation.

Business 

Means a trade, business or occupation and includes the sale or hire of goods or services on an intermittent or one-time basis, the showing for the purpose of sale or hire of samples, patterns or specimens of any goods and shall include exhibitions held for hire and gain, theatres, music halls, bowling alleys, movie pictures shows but does not include;

  • a manufacturing activity and/or industry, except the extent that the products or raw material is sold by retail.
  • the selling of goods by wholesale; or
  • the generation, exploitation, harvesting, processing, renewal or transportation of natural recourses;

City Clerk

Means the Clerk or any of his subordinates appointed by the Council of the Corporation.

Corporation 

Means the Council of the Corporation of the City of Clarence-Rockland.

Council 

Means the Council of the Corporation of the City of Clarence-Rockland.

Entertainment Services 

Means a business that provides or offers leisure activities in which the customer or customer acts as an observer and does not actively participate.

Finance Department 

Means the Finance Director, the Treasurer or any of his subordinates appointed by the Council of the Corporation.

Fire Department 

Means the Fire Chief or any of his subordinates appointed by the Council of the Corporation.

Food/Beverage Service 

Means a business that offers food or beverages intended for human consumption. 

Highway Traffic Act

Means the Highway Traffic Act, R.S.O. 1990, Chapter H.8, and amendments thereto.

Home occupation 

As defined in the Clarence-Rockland Zoning By-law No.2006-3, as amended.

Itinerant Vendor 

Means a person who goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the City afterwards, but does not include a person who sells to wholesale or retail dealers in similar goods.

Licence

Means a licence issued under this By-Law by the Corporation of the City of Clarence-Rockland.

Licensed 

Means a licence issued under the provisions of this By-Law.

Licensed Premises 

Means the premises where the licensee carries on his/her licensed business.

Licensee 

Means a person or corporation to whom a licence has been issued for under this By-Law.

Medical Officer of Health 

Means the Chief Medical Officer of Health or his/her appointee.

Mobile Sales/Services 

Means a business which does not operate from a permanent location but goes from place to place to sale or provides services to customers.  

Motor Vehicle

Means an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicle running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement or husbandry or road-building machine.

Municipal Law Enforcement Officer 

Means a Peace Officer for the purpose of enforcing Municipal By-laws for the Corporation of the City of Clarence-Rockland.

Person 

Means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being of the male or female gender.

Planning Department 

Means the Municipal Planner or any of his subordinates appointed by Council of the Corporation.

Police Officer 

Means the Chief of police as defined in the Police Services Act R.S.O. 1990, Chapter P.10.

Recreational Services 

Means a business that provides or offers sport or leisure activities in which the customer actively participates.  

Seasonal 

Means a business that operates less than 6 consecutive months during a specific time of the year.

Seasonal Produce Vendor 

Means a business that operates less than 6 consecutive months during a specific time of the year and sells locally grown produce.

Temporary Sales 

Means a business, who on a temporary basis sells, or offers for sale, goods, wares, merchandise, items or service at an indoor or outdoor location or premises.

Trades/Contractors  

means a person who makes an agreement with another to do a piece of work, retaining in himself control of the means, method and manner of producing the result to be accomplished.   

Transient Trader 

Means a business, who on a temporary basis, sells or offers for sale, goods, wares, merchandise, items or service at an indoor or outdoor location or premises.

Transient Trader - Special Event 

Means a business event organised by a sponsoring organization(s) within the City, where one or more transient traders are engaged in business activity, who on a temporary basis, sells or offers for sale, goods, wares, merchandise, items or service at an indoor or outdoor location or premises.

Vehicle 

Means a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car.

Interpretation 

2.      No person shall operate within the City of Clarence-Rockland any business as defined in this By-law without first obtaining a licence from the Corporation authorizing him/her to operate a business.

Applications Processing and Issuance

3.      Every person who requires a licence under the provisions of this By-Law for any business shall:

a)      file an application in writing by completing a prescribed form available at the Client Service Center;

b)     provide as required by the Finance Department any documents, permits or permissions pertaining to the operation of the said business;

c)      pay the annual licence fee as established in the current User Fee By-law, as amended from time to time.

4.      The annual licence fee referred to in Section 3.c) shall not be reduced or pro-rated.

5.      The issuance of the licence under this By-law may be subject to the written approval of all or any of the following, as per Schedule ‘B’ hereto attached and forming part of this By-law:

a)      the Planning Department,

b)     the Building Department,

c)      the Fire Department,

d)     the Medical Health unit and

e)      the Municipal Law Enforcement Department.

6.      If an applicant fails to provide the Finance Department with any written approval, pursuant to Section 5. of this By-law, the application will not be processed.

7.      No person shall be deemed to have been issued a business licence until the Finance Department has signed and issued the licence. The application for a business licence does not constitute a licence.

8.      The Finance Department shall upon receipt of the written approval(s), make or cause to be made any investigations considered necessary or which are required by law or by the Corporation relative to the application. 

a)     A fire prevention inspection may be required for certain class of businesses and subject to inspection fees as provided for under the current User Fee By-law, as amended from time to time.

Payment and Default 

9.      The Business Renewal License fees shall be billed on an annual basis per the current User Fee By-law, as amended from time to time.

10.    A notice of arrears shall be delivered by regular mail fifteen (15) days after the due date of the Business Renewal License and the late fee set out in the current User Fee By-law, as amended from time to time shall be payable.

11     In the event of a licensee not renewing the license on or before the 30th days after the due date after its expiration, the licensee ceases to be a licensee.

Refusal - Suspension - Revocation of Licence

12.    If the investigation referred to in Section 8. of this By-law discloses any reason that the carrying on of the said business may result in a breach of the law or of any provisions of any By-laws of the Corporation the Finance Department may refuse to issue the licence and shall notify the applicant of his refusal in writing.

13.    The Council may, by resolution;

a)      refuse to grant a licence;

b)     revoke or suspend a licence;

c)      impose special conditions on a business in a class that have not been imposed on all business in that class as a requirement of obtaining or continuing to hold or renewing a licence; an

d)     imposing conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the licence upon the ground that the conduct of a person or in the case of a business corporation, the conduct of its officers, directors, employees or agents affords reasonable grounds for the belief that the person will not carry on or operate the business in accordance with the law or with honesty and integrity.

14.    No person shall enjoy vested right in the continuance of a licence and upon the issue, renewal, cancellation or suspension thereof, the value of the licence shall be the property of the Corporation of the City of Clarence-Rockland.

15.    The granting of a licence under the provisions of this By-law shall be dependent upon the licensee indemnifying and saving harmless the Corporation and the employees, contractors and agents of the Corporation from all loss, damage, legal action, costs and expenses of every nature and kind arising from or in consequence the carrying on of the said business, for which the licence was issued.

Expiry of Licence 

16.    The licences for every business shall, unless they are expressed to be for a shorter or longer time, be for one year and unless they are sooner forfeited or revoked shall in each case, expire in each year on the date established in the current User Fee By-law, as amended from time to time.

Renewal of Licence 

17.    The Finance Department may renew an existing licence if the licensee:

a)      produces his/her licence on or before the expiry date; or

b)     complies with all required approval as provided for under this By-law; or

c)      pays the applicable licence fees as established in the current User Fee By-law, as amended from time to time; or

d)     pays the prescribed fire prevention inspection fee as established in the current User Fee By-law, as amended from time to time.

Refusal to Renew a Licence 

18.    A licence shall not be renewed by the Finance Department until it has been determined that the licensee has not complied with:

a)      the regulations under the jurisdiction of the Medical Officer of Health Unit; 

b)     any other laws or by-laws of the Corporation; or

c)      the applicable licence fee as established in the current User Fee By-law, as amended from time to time.

19. a) If the Finance Department refuses to renew the licence, the licensee shall receive notice of refusal in writing, said notice to be served personally upon or sent by prepaid registered mail to the licensee.

b)     If the licensee is not satisfied with the terms of the notice referred to in Section 14 of this By-Law, he/she may appeal to the City Clerk within thirty (30) days after service of the notice of refusal.

20.    Every person who a licence has been issued to under this By-Law shall;

a)      where the licence applies to a premises, keep his/her licence posted up in a conspicuous place on the premises in respect to which the licence is issued;

b)     where the licence does not apply to a premises, shall keep on his/her person the licence issued; and

c)      where the licence applies to a vehicle, shall keep on the person driving such particular vehicle the individual licence issued with respect to said vehicle, and where plates are issued with respect to such individual licence, the plates shall be securely fixed to the back of the vehicle.

Transfer of Licence 

21.    No licence shall be transferred except with the consent in writing of the Finance Department.

a)      No licence shall be transferred pursuant to Section 18 of this By-Law without first paying the transfer of ownership fee as established in the current User Fee By-law, as amended from time to time.

b)     No person owning or operating a licensed premises under this By-Law shall move from one location to another within the City of Clarence-Rockland without first paying the application fee as established in the current User Fee By-law, as amended from time to time and fulfilling the requirements for a licence application as set out in this By-Law.

c)      No person owning or operating a vehicle licensed under this By-Law shall transfer the licence from one vehicle to another without first paying the plate transfer fee as established in the current User Fee By-law, as amended from time to time and fulfilling the requirements for a vehicle licence application as set out in the applicable schedule of this By-Law.

d)     No licence certificate or licence plate shall be replaced without first paying the replacement fee as established in the current User Fee By-law, as amended from time to time.

22.    No person licensed under this By-Law shall refuse to permit a guide dog, while serving as a guide or leader for a blind person, to enter and remain upon his/her premises or in his/her vehicle during the carrying on of the business in respect of which the licence is granted.

Inspections 

23.    A Municipal Law Enforcement Officer may:

a)      at all reasonable times, inspect the building, place or premises that is used for a business for which a person is licensed or is required to be licensed;

24.    Every person who obtains a licence under this By-Law shall produce the licence when requested to do so by a Municipal Law Enforcement Officer or a Police Officer.

Administration and Enforcement 

25.    Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law or regulation or any other law in force within the area affected by this By-law.  It is the responsibility of the licensee and the owner to ensure that the business complies with all legislation and regulation pertaining to the conduct of the business.

26.    The provisions of this By-law shall be administered by the Finance Department and enforced by the Municipal Law Enforcement Officer.

27.    No person who is licensed or required to be licensed, shall hinder or obstruct the Municipal Law Enforcement Officer during inspections referred to in this By-law or cause the inspections to be hindered or obstructed.

Exceptions - Special Conditions 

28.    Council may require certain classes of businesses to be regulated separately from this By-law, where it is believed that special condition should be imposed and which are not defined in this By-law. The classes of businesses requiring special conditions are defined in Schedule “A” of this By-law.  

Penalties

29.    Each day that a person operates a business in contravention of the provisions of this By-law shall constitute a separate offence.

30.    Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offenses Act, 1990, R.S.O., Chapter P. 33. and amendments thereto.

Order Prohibiting

31.    When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Severability

32.    It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

By-Law in Force

33.    This By-law shall come into force and take effect as of the date of its adoption.

Schedule Adopted 

34.    The schedules referred to in this By-law shall form part of this By-law and be read in conjunction with the entry across therefrom, and not otherwise.

Former By-Laws Repealed 

35.    That By-law No.2018-135 regulating and licensing of businesses in the City of Clarence-Rockland and any amendments are hereby repealed.

 

Enacted and passed in open Council this 20th day of February, 2019. 

Guy Desjardins, Mayor

Monique Ouellet, Clerk                                      

Chip Wagon - 2017-84

Being a by-law to provide for the licensing, regulating, and governing chip wagons in the City of Clarence-Rockland

Whereas the Municipal Act, 2001, C.25, S 151 states that a municipality may provide for a system of licenses with respect to a business, and may 151(b) refuse to grant a license, and 151(c) may impose conditions as a requirement of obtaining, continuing to hold, or renewing a license;

And whereas the Council of the Corporation of the City of Clarence-Rockland chooses to exercise its discretion to license the operation of “Chip Wagons” within the City of Clarence-Rockland;

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions:

In this by-law:

“By-Law Enforcement Officer” shall mean a person duly appointed by the Corporation of the City of Clarence-Rockland for the purpose of enforcing or carrying out the provisions of Municipal by-laws or his designate

“Chip Wagon” shall mean a vehicle from which food, refreshments or confections are sold, either temporarily mounted on blocks or supported by a conventional wheel, tire or axle system.

“Corner Sight Triangle” means the portion of a corner lot within the triangular area formed by measuring 6 metres in each direction from the point where two property lines intersect at the street lot line corner;

“Driveway” means a vehicle access provided between a street and a parking area/space or a loading space;

“Driveway sight triangle” means the triangular area formed by measuring 4.5 metres down the driveway and 4.5 metres down the side lot line abutting a street.

“Highway” or “Street” shall include a common and public highway, street, avenue, boulevard, crescent, cul-de-sac, court, parkway,  driveway, square, place, shoulder, bridge, viaduct, or trestle, or the like, 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.

“Municipality” shall mean the Corporation of the City of Clarence-Rockland

“Owner” shall mean the owner or operator of the Chip Wagon

“Road Allowance” shall mean all allowances for roads, except insofar as they have been stopped up according to law, made by the Crown surveyors, all highways laid out or established under the authority of any statute, all roads on which public money has been expended for opening them or on which statute labour has been usually performed, all roads dedicated by the owner of the land to the public use and all alternations and deviations of all bridges over any such allowances for highway or road.

“Shoulder” means the un-travelled portion running along either side of a highway.

“Site Plan” means a drawing of a site which includes all the applicable measurements of the Chip Wagon and the surrounding area within 100 metres of the site and on which all buildings and structures, streets, and services are indicated.

2. License Required

2.1 No person shall, within the limits of the City of Clarence-Rockland, sell refreshments from a Chip Wagon without first having obtained a license for that purpose.

2.2 No person shall operate a Chip Wagon and fail to display the license in a conspicuous place clearly visible to the public at all times when the Chip Wagon is in operation.

2.3 No person shall operate a Chip Wagon that is not in compliance with the approved site plan drawing.

3. Limitations and Restrictions

3.1 Chip Wagons are not permitted in the following areas, as defined in the Official Plan of the United Counties of Prescott and Russell:

i)    Community Policy Area of Clarence Point;

ii)   Agricultural Resource Policy Area, and

iii) Mineral Aggregate Resource Policy Area (quarries and pits)

3.2  No Chip Wagon will be permitted to locate within 150 metres of an existing establishment offering the same or similar service or another Chip Wagon.

3.3 No Chip Wagon will be permitted to locate on a property adjacent to Laurier Street in Rockland, between Simoneau Street and Laporte Street.

3.4 No Chip Wagon shall be located:

i)  on any highway or street, road allowance or shoulder;

ii) within a “corner sight triangle” or a “driveway sight triangle”

3.5 Prior to beginning operation of a Chip Wagon on land which abuts a highway under the jurisdiction of the Province of Ontario, or is within the distance of a highway which is regulated by the Province of Ontario through the Ministry of Transportation, the licensee shall file with the Clerk written confirmation of acceptance of the intended location from the Ministry.

3.6 Notwithstanding Section 2 and 3.2 of this by-law, a Chip Wagon that is to be erected for a period of less than 4 days and used in conjunction with a special event is not subject to the requirements of this by-law.

4. General Requirements

4.1 A Chip Wagon may only operate from a commercially zoned property, and must comply with the setback requirements for the zone.

4.2 The owner of a Chip Wagon shall provide on-site parking spaces in accordance with the zoning by-law requirements.

4.3 The owner of the Chip Wagon shall provide adequate trash receptacles at the site on which the Chip Wagon is located and shall maintain the site in a clean and sanitary condition at all times.

4.5 The owner of a Chip Wagon shall ensure that washroom facilities are available for patrons and staff.

5. Application for a Licence

5.1 Every application for a License to operate a Chip Wagon shall be made on the standard application form, attached as Schedule “A” to this by-law, and shall include the required fee, as listed on Schedule “B” to this by-law. Both Schedules being attached to and forming part of this by-law.

5.1.1 Acceptance of the license fee does not constitute approval of the application or obliges the Municipality to issue a license.

5.1.2 Every fee paid under 5.1 is refundable if the license applied for is not granted

5.2 Every application submitted will be accompanied by a site plan drawing. No license shall be granted until the site plan has been approved by the Municipality. The site plan is to be drawn to scale, and shall include:

i)    proposed location of unit on the property, including set back from property line and road allowance;

ii)   the location and number of proposed parking spaces;

iii) proposed access to the property from the highway;

iv) location of trash receptacles; and

vi) washroom facilities.

Depending on the specifics with respect to the location, additional information may be required on the site plan.

5.2.1 Before a license under this by-law is issued by the City of Clarence-Rockland, the owner shall meet with a Planner to review the intended site.

5.3 The application is to include information on:

i)    fuel source;

ii)   water supply and disposal, including grey water;

iii) grease disposal methods; and

iv) waste disposal arrangements.

5.4  The applicant shall include with his/her application:

(i) A certificate from the Eastern Ontario Health Unit confirming that the Chip Wagon has passed a sanitary inspection  under  the  “Ontario  Regulation  562  –  Food Premises R.R.O. 1990”, or its successor, valid for the year in which the permit is to be issued.

(ii) If a propane or gas fired system is to be used, an inspection certificate by a Technical Standards & Safety Authority certified gas technician as required under the “Technical Standards and Safety Act” or its successor, valid for the year in which the permit is to be issued.

(iii) A written statement from the applicable Fire Chief or his designate stating that the unit complies with the Ontario Fire Code, valid for the year in which the permit is to be issued.

(iv) Proof that the owner has obtained a minimum of one million dollars ($1,000,000.00) liability insurance for the operation of the Chip Wagon, valid for the year in which the permit is to be issued.

(v) If the Chip Wagon is located on land not owned by the Chip Wagon owner, a letter from the owner of the property on which the Chip Wagon will be situated, authorizing the applicant to conduct such business from the property, valid for the year in which the permit is to be issued.

General Provisions

6. The granting of a license under this by-law does not constitute permission for the licensee to operate in contravention of any by-law or statutory requirements.

7. For the purpose of enforcement of the provisions of this by-law, the by-law officer may enter upon land and into buildings at any reasonable time without a warrant.

8. Any license granted hereunder may be revoked at the discretion of the Council of the City of Clarence-Rockland if the provisions and policies contained herein are not adhered to by the holder of the said license at all times.

9. Every license issued pursuant to this by-law shall be valid until the 31st day of December in the year in which the license was issued, or until the said license is revoked or suspended. No refund of the license fee shall be paid if the license is revoked or suspended.

10. A person to whom a license is granted may apply in writing to the Municipality for permission to have his license transferred to another vehicle or to another owner, and such permission will not be unreasonably withheld. In order to transfer a license, the current license is to be surrendered to the Municipality and a transfer fee paid as listed on Schedule “B”.

11.   Offence

11.1      Any person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P.33, and amendments thereto.

11.2      Each day that a person operates a business in contravention to this By-law shall constitute a separate offence.

11.3      When a person has been convicted of an offence under this By-law, any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

12.   Headings not part of the by-law

The headings in the body of this by-law are used for convenience or reference only and do not form part of the by-law.

13.   Severability

Should any section or subsection of this by-law or any part or parts thereof be found by law to be illegal or beyond the power of Council to enact, such section or subsection of part or parts thereof shall be deemed to be severable so that the remainder of this by-law is separate and therefore enacted as such.

14.   Repeal

That By-law No. 2007-38 be and is hereby repealed.

15.   Force and Effect

This by-law shall come into force and effect upon the final passing thereof.

Read, passed and adopted in open council this 19th day of june, 2017.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 

Licence Fees
TypeFee
The annual license fee for a Chip Wagon $500
The daily license fee for a Chip Wagon $50
Fee to transfer license $25

Proposed Set Fines
OffenseSet Fine
Operate a Chip Wagon without obtaining a license $500

Fail to display the license when the Chip Wagon

is in operation
$ 300.00

Operate a Chip Wagon not in compliance

with the approved site drawing
$ 500.00
Fail to provide on-site washroom facility  $ 500.00
Fail to provide adequate garbage receptacles 

$ 500.00

 

 

Civic Addressing - 2005-74

En anglais seulement

Being a by-law to establish a civic addressing system for buildings and lots within the limits of the city of Clarence-Rockland

Whereas Section 130 of the Municipal Act, S.O. 2001, Chapter c-25, authorizes the Councils of local municipalities to pass by-laws for the purpose related to the health, safety and well-being of the inhabitants of a municipality;

And whereas the numbering of buildings and lots along any highway or any other property in the municipality that is considered necessary to number by the Council, and for affixing numbers to the buildings and for charging the owner or occupant with the expense incident to the numbering of the lot or property;

And whereas the Council of the City of Clarence-Rockland deems it expedient and in the public interest to adopt a civic addressing system to facilitate access to emergency services and other purposes;

Now therefore be it enacted by the Council of the Corporation of the City of Clarence-Rockland as follows:

Definitions

Civic Number

Means a number or a group of numbers which is assigned by the City of Clarence-Rockland for the purpose of identifying a property or a building.   

Hamlet Area

Means the hamlet areas as defined in the City of Clarence- Rockland Zoning By-law, as amended.

Highway

Includes a common and public highway, street, avenue, parkway, driveway, square, place bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Owner

Means the registered owner of the land and includes a lessee, mortgagee in possession and the person in charge of the property or building.

Property

Means a property containing a residence (permanent, seasonal or otherwise), as well as any commercial, industrial, recreational, religious and educational property which has the facilities on site from which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction.

Rural Area

Means all the areas outside the limits of the urban area and the hamlet areas as defined in the City of Clarence-Rockland Zoning By-law, as amended. 

Urban Area

Means the urban area as defined in the City of Clarence-Rockland Zoning By-law, as amended.

General regulation:

1. Every owner of a property containing a residence (permanent, seasonal or otherwise), as well as any commercial, industrial, recreational, religious and educational property which has the facilities on site from which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction shall be required to clearly post or display a municipal civic number and be clearly visible from the traveled portion of the highway. 

2.Every owner of a  mobile park or a private community containing (2) or more residence (permanent, seasonal or otherwise), which has the facilities on site from  which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction shall be required to establish an identification number system  or number plate displaying the unit or lot designated number which is clearly posted or displayed and clearly visible from the private road.    

3. The City of Clarence-Rockland, for each property in the Municipality, shall establish an identification number or number plate displaying the property’s designated number in accordance with the following design:

3.1 The civic number erected shall be as assigned by the Planning Department of the City of Clarence-Rockland when a building permit is issued for a new building.

3.2       All numbers shall be a minimum of 4 inches in height;

3.3       Civic numbers shall read horizontally;

3.4       The civic numbers shall be displayed in numeral form only;

3.5       Where there are two dwelling units or more with separate outside entrances at a single address number, the number and the letter representing the unit portion at a civic address shall be displayed next to the exterior door which provides access to such unit and be clearly visible from the traveled portion of the highway.

3.6       Where the main building is located at a greater distance then 15 m (50 ft) from the “front lot line” or in the case of a corner lot where the main building fronts onto the exterior side yard the “exterior side lot line” a separate post is required for the number plate, in accordance with the following provisions:

3.6.1    The number plate must be of a reflective material in white or silver, in sharp contrast to a reflective blue background upon which it is affixed, and affixed to both sides of the number plate;

3.6.2    The number plate shall be erected perpendicular to the highway;

3.6.3    The number plate shall be erected not less than 1.2 m (4 ft.) above grade or in a manner approved by the Building Department of the City of Clarence-Rockland; and

3.6.4    The post shall be located 1 m (3ft) from the property line and 2 m (6ft) from the laneway or driveway that serves as the principal access to the property facing the street which a civic number has been assigned or in a location approved by the Building Department of the City of Clarence-Rockland.  The post shall be located in a fashion to ensure that there will be clear visibility of  the number plate from the traveled portion of the highway to allow  the reflection of low beam vehicle headlights.

3.7       Where the main building is located at a lesser distance then 15 m (50ft) of the “front lot line” or in the case of a corner lot where the main building fronts onto the exterior side yard the “exterior side lot”, the number plate or number shall be fastened to such building in the following fashion:

3.7.1    The civic number shall be displayed on the right-hand side of the door at a height not less than 1.2 m (4ft) and not greater than 1.8 m (6ft) above the door threshold.  

3.7.2    Where the door does not face the road to which the civic address applies, the civic number shall be displayed on the right-hand side of the wall facing the traveled road at 1.5 m  to 2.1 m (5 to 7 ft) above grade.

3.7.3    Where a new or replacement identification number is to be erected, it must be of a reflective material in white or silver, and be on sharp contrast to a dark background, preferably a reflective number plate, upon which it is affixed. 

3.7.4 The civic number shall not be displayed on the door. 

3.7.5    Where the provisions of sections 3.7.1 to 3.7.2 are not practical due to the physical aspect of the building or not clearly visible, the Building Department of the City of Clarence-Rockland may approve a different location for a number plate, so that they shall be clearly visible from the traveled portion of the highway.

3.7.6    Notwithstanding the foregoing, the owners of existing building with accurately posted civic address number which is clearly visible from the traveled portion of the highway will not be required to replace such numbers plate in order to comply with this By-law.

3.7.7    A general Civic Addressing Policy is provided in this by-law referred to under schedule “A” which forms part of this by-law.

3.7.8    Once a building permit is issued pursuant to the Ontario Building Code Act and when a performance fund is  deposited to the City pursuant to the Building by-law as amended, no refund shall be returned until after the civic     number, as regulated, is installed and after the final inspection is completed.   

Rural area

4.1       Every property located in a rural area shall be required to have a separate post for the number plate, in accordance with the provision of section 3.6.1 to 3.6.4 of this By-law.

Maintenance

5.1       Every owner of properties affected by provisions of this By-law shall keep and  maintain in good condition their identification numbers or number plates, as the case may be.

5.2       Every owner or occupant shall ensure that the property identification sign is kept visible at all times and unobstructed by vegetation, structures, snow accumulation or any other screening.

Prohibition

6.1       No person shall relocate a property identification sign post without prior  authorization by the City of Clarence-Rockland, or remove a property identification plate or number once posted, except for immediate repair by the owner or the City.

Replacement

7.1       Where an identification plate or number is missing or illegible, the property owner shall repair or replace the number plate or numbers immediately in accordance with the provisions of this By-law.

7.2       If the property does not have an identification number posted in accordance with the provisions of this By-law, the City of Clarence-Rockland may give the property owner written notification that the number plate or numbers are missing, illegible or otherwise not in compliance with this By-law and that the owner is required to rectify within 60 days of the mailing of notice;

7.3       If after 60 days of the mailing of notice the situation is not rectified in compliance with this By-law, the City of Clarence-Rockland may make any installations or repairs that it deems appropriate.

Liability

8.1       The City of Clarence-Rockland shall not be liable for any loss, cost or expense which the owners of land may incur as a result of a property identification sign or number plate being damaged, missing, obstructed or illegible.

Cost and supplier

9.1       That the Treasurer be authorized to apply any uncollected costs associated with the provision of an identification number, number plate and/or the installation of a number plate and post to the corresponding property listing in the current tax roll for collection at the discretion of the Treasurer.

9.2       That for the purposes of section 3.1 and 4.1 of this By-law, the City of Clarence-Rockland shall maintain a supplier for replacement identification plates and posts, and the owners of property shall obtain from the Municipality the appropriate numbered identification plates and posts at a price set by the Municipality.

Records of roads and civic addresses

10.1     For the purposes of civic addressing and public safety, the City shall keep a record of civic addresses assigned and of the status of municipal roads.

Penalties

11.1     Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P. 33. and amendments thereto.

Severability

12.1     It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Repealed

13.1     That By-law 2000-66 which regulates civic addressing number posts is hereby             repealed.

By-law to take effect

14.1     This By-law shall be in force and take effect on the day it’s duly passed by the             Council of the City of Clarence-Rockland.

Read, passed and adopted by council this 9 day of may 2005.

 

Richard Lalonde, Mayor                                                                    

Daniel Gatien, Clerk

 

Schedule “a”

Civic addressing policy

Purpose

 

1.         This Policy will guide municipal employees, who have been given the responsibility by Council, in assigning property identification number and accepting new road names, in order to maintain a complete and consistent civic addressing system within the Municipality.

2.         This Policy is meant to ensure that the City of Clarence-Rockland system of civic addressing is upheld in order that a County-wide 9-1-1 system can operate and so that a coordinated addressing system is maintained throughout the United Counties of Prescott and Russell.  An absolute requirement is that there be no duplication of an address (street name plus property identification number within the boundaries of the municipality.)

3.   This Policy will ensure that suitable records are kept and appropriate agencies are notified regarding new addresses, etc.

4.   This policy will established who will be responsible for the installation, reparation and replacement of the civic address post.

Civic numbering principles

Corner lots

1.   Corner lots shall be allocated a number on the road which provides the main access to the property.

Coordination with Existing Numbering in Built Up Areas

1.   Established numbering/addressing systems within built-up areas will remain and be utilized, so long as they have sequential numbering with odd and even numbers on opposite sides of the street and they can be worked into the surrounding pattern of numbers.

Culs-de-Sac

1.   Normally, new culs-de-sac are to be numbered with even numbers on the right and odd numbers on the left beginning at the intersection.  The midpoint of the bulb is used to define the split between odd and even numbers.

Private Roads

1.         The policies described herein shall apply to lots/development on private roads.

Determining new civic numbers

General

1.   Once civic addressing is in place in the Municipality, new property identification numbers usually will be determined using a nearby known address as a reference point.

2.   Where difficulties occur, the Municipality may consult the Counties for assistance in calculating a property identification number.

Checking

1.   Any new property identification number should be checked against the civic addressing maps to ensure that the number falls within the ranges identified at the  nearest intersections of the subject road.

2.   Also, new numbers can be checked against the Municipality’s records of nearby addresses to ensure that the new number is logical.

Issuing new civic numbers

1.   Numbers for existing vacant lots and for new lots created by consent (severance) shall be issued when the owner or contractor submits a request for a building permit.

2.   Numbers for new lots in plans of subdivision should be assigned forthwith after the plan has been registered in the Land Registry Office in order that numbering can be posted during preliminary development.  Civic numbers should be confirmed at the building permit stage.

Ordering and installing property identification signs

Order

1.   Upon the issuance of a building permit for a new dwelling, the Building Department will place an order with the supplier, when a property identification number plate and post is required under the civic addressing by-law.  A blank order form is included with this document.

Fees

1.   The fee to cover the cost of the property identification number plate, post, materials, and the cost of the installation, will be collected and added to the cost of the building permit.

2.   All cost associated to the repair or replacement of the identification post shall be                               at the expense of the owner.

Responsibility for Installation

1.   The Property Owner will carry out the installation of the civic number post.  Property owners will need to follow the prescribed installation plan provided in this policy.  Any repairs or replacement of the civic number post shall be the responsibility of the property owner.

Installation

1.   The property owner will need to mark the appropriate location for the sign post. Proper locates will need to be conducted to assure that no underground utility service is damaged during the installation.

2.   Once the sign hardware is available at municipal garage, the property owner will make         arrangements to have them picked up and installed according to the civic addressing by-      law.

3.   The property owner will ensure that all installation has been carried out in conformity            with the civic numbering by-law.

Guidelines for posting civic numbers

1.         Applies where the main building to which the civic number applies is within 30 feet of the edge of the road surface.

1.1       Where the main building to which the civic number applies is within 30 feet of the edge of the road surface, and is clearly visible from the road, the number shall be placed on the main building.

1.2 The civic number shall be displayed on the right hand side of the door at a height not less than 4 feet and not greater than 6 feet above the door threshold.  The civic number shall not be displayed on the door. Where it  is not physically practical due to the physical aspect of the building or that such location would not clearly display the civic number from the traveled portion of the highway, the Building Dept. may approve a different location for such civic number. 

1.3 Where the door does not face the road or street to which the civic address applies, the civic number shall be displayed on the right-hand side of the wall facing the traveled road at 5 to 7 feet above grade.

1.4       The numbers shall be a minimum of 4 inches in height and shall face towards and be clearly visible from the road or street to which the civic  address applies.

1.5 Civic numbers shall be of white or silver, engineering grade, reflectorized “SM Scotchlite or equivalent” on a blue, engineering grade, reflectorized “SM Scotchlite or equivalent” background.

1.6 Civic numbers shall read horizontally.

1.7       The civic number shall be displayed in numeral form (e.g. 116) and not in written form (e.g. one hundred and sixteen) or roman form (e.g. CXVI).

1.8       Where there are two units or more at a single address, the number or letter representing the unit portion of a civic address shall be displayed next to  the exterior door, which provides access to such a unit.  The civic number  shall be displayed as per 6.1.1.

2.         Applies where the main building is not within 30 feet of the edge of the road                               surface.

2.1       Where the main building is not within 30 feet of the edge of the road surface, the civic number shall be displayed on a post located beside the driveway at the road or street to which the civic address applies.  Not withstanding the foregoing, where a built-up area involves a series of adjacent properties with narrow frontage (up to about 30 m/100 ft average), allowance may be made for sign posts only at the beginning and ending of such built-up area.  Generally, the sign posts in these built-up areas should be installed on properties closest to street intersections and, from there, no further than about 200 m/660 ft.  The intervening properties may then follow Section 6.1 of this guideline, where a reasonable level of safety is maintained (generally if the main building to be signed is within 15 m/50 ft of the road surface and is clearly visible from the road). Reflective signs, as described in Section 6.1.5, must be used in these cases. To assure a consistant form of civic addressing through the rural area, a civic addressing post shall be mandatory notwithstanding the distance of the building to the highway.

2.2       The post shall be placed at a distance approximately 1 metre (3 feet) from the property line and 2 metre (6 feet) from the driveway to the property, with the following clarifications.  The first priority for sign post placement will be clear visibility from the traveled portion of the road to allow reflection by the low beam of vehicle headlights.  Secondly, the post should be as far back as possible from the traveled portion of the road so as to minimize vandalism while maintaining clear visibility.

2.3       The civic number shall be displayed on both sides of the sign blade and shall be erected perpendicular to the street to which the civic address applies so as to be clearly visible from both directions on the traveled portion of the street.  The same standards laid out in Sections 6.1.4, 6.1.5, 6.1.6 and 6.1.7 shall apply.

2.4       The civic number shall be displayed on a post approximately 1.2 m (4 ft) above grade but in no case less than 1.05 m (3 ft) above grade.

3.         (Reserved for other guidelines for property sign installations.)

3.1       The posting of civic numbers in any future development shall comply with these performance standards.  Existing property owners are encouraged to convert their signage to these standards.

3.2       Where the above performance standards cannot be met, the location of the civic number shall be decided upon through consultation with municipal  staff.

3.3       The civic number sign and post shall be maintained by the property owner.

3.4       Planted material shall be maintained, i.e. pruned or spaced, to allow the civic number sign to be seen from vehicles traveling on the road which is used to access the property.

3.5       There shall be no duplication of addresses and each property shall have an address.

New road names

General 

1.   When new road names are assigned or accepted they must not duplicate a name within the Municipality.  Furthermore, since emergency services are dispatched from a variety of locations, including centres outside the United Counties of Prescott and Russell, it is necessary to ensure that there will be no confusion with regard to locating a property.  Therefore, a new name should not be overly difficult to pronounce or sound the same as another road name in the Municipality.

2.   When a development proposal, such as a plan of subdivision, will involve  the dedication of a new road to the Municipality, or where the Municipality intends to open a road allowance or rename an existing road,  the Municipality shall first consult the United Counties of Prescott and Russell.  The Counties will review the road name registry to determine  whether a proposed road name would be in conflict with County-wide Civic Addressing.

3.   If a plan of subdivision is involved, the Municipality will not give its final approval until suitable road names have been determined and the proponent so advised.

4.   If a right of way is being created for a new private road access to development, the municipality will ensure, as a condition of consent that an appropriate road name is assigned prior to the registration of the plan of survey.  A proposed road name will be cleared through the Counties’ registry of road names prior to being accepted by the Municipality.

5.   The Municipality will advise the Counties as to the selected road name so that the registry can be maintained.

Notification of assigned address

1.         Immediately following the assigning of a new or changed address number for a building or a lot, the Director of Planning Department is responsible for making the necessary entries on addressing maps and/or records, and for providing written notice to the applicable agencies and departments which require continuous update of municipal address changes.  These  agencies would include but are not limited to the following:

  • Fire Department        
  • Police Department
  • Ambulance Service
  • Telephone Company
  • Hydro One
  • Bell Canada
  • School Boards
  • Property Assessment Office
  • County
  • Canada Post
  • Other Utilities

2.         Where an assigned address does not fit within the intersection number ranges for the affected section of road, as shown on the addressing maps, the Planning department should confer with the Counties and the need to revise the map or recalculate the address will be determined.

3.   Where a property is addressed with a unit number (see Section 3.1), the Municipality will ensure that any existing property identification sign at the public road is accurate in terms of the new unit number.

Property owner’s responsibilities

City of Clarence-Rockland

1.       Verify that they have received the correct civic addresses by referring to the                     property assessment number on the notification.

2.       Ensure that any property identification post is installed promptly and shows the correct number per item 1, above.

3.       If the property is leased to another party, ensure that the tenants know the                               civic address.

4.       Maintain the property identification sign by keeping vegetation, snow or  other obstructions away.  Repair any minor damage if numbers still readable and reflective but do not relocate a sign without permission of the municipality.

5.       Replace any damaged or stolen property identification sign with the proper type of blade and post, and the correct number, to be ordered through the municipal office.

6.       The civic address for a rural property can be added to the existing mailing address, provided the mailing address (e.g. a rural route, etc.) appears below the civic address.

7.       That property owners are responsible for all repairs and replacement of the                               civic address post and all cost associated with such work.

Clearing of land - 2001-16 *

Being a By-law to regulate the clearing of land.

Whereas paragraph 80 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes the Council of a municipality to pass by-laws for the purpose of requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yard and vacant lots and the altering, relaying or repairing of private drains.

And whereas paragraph 135 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes the Council of a municipality to pass by-laws for the purpose of prohibiting, or regulating and inspecting the use of any land or structure within the municipality or any defined area or areas thereof for dumping or disposing of garbage, refuse or domestic or industrial waste of any kind.

And whereas a by-law under this paragraph:

a) may establish a schedule of fees chargeable upon inspection of such regulated land or structures;

b) may require the owners, lessees or occupants of such land or structures, at the expense of the owners, lessees or occupants, to cease using such land or structures for such purposes, or to cover over any garbage, refuse, or domestic or industrial waste in any prescribed manner, whether or not such land or structures were so used before the passing of the by-law;

c) may define industrial or domestic waste.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

City

Shall mean the Corporation of the City of Clarence-Rockland.

Cleared

Shall include the removal of weeds or grass more than 20 cm (8") in height and the removal of stockpiles of soil or other aggregate material not required to complete the grading of the lot on which the stockpile is located and includes where on any property there is a swimming pool which is a health or safety hazard, or is malodorous or is a breeding place for mosquitoes, the draining, the treatment and/or the disposing of the water.

Composting

Shall mean the biological degradation or breakdown of organic material into a dark soil-like material called humus.

Composting container

Shall mean the holding unit used to store yard and garden household waste for the purpose of composting.

Discarded motor vehicle

Shall mean a vehicle which is unlicensed or in disrepair,  having missing parts including tires or damaged or deteriorated or missing glass or  removed parts which prevent its mechanical function. (Amended by By-law 2006-78)

Domestic waste

Shall mean any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit and includes but is not limited to the following classes of waste material:

(i) grass clippings, tree cuttings, brush, leaves and garden refuse;

(ii) paper, cardboard, clothing;

(iii) all kitchen table waste of animal or vegetable origin, resulting from the preparation or consumption of food;

(iv) cans, glass, plastic containers, dishes;

(v) new  or used  material  resulting  from or for the purpose  of construction, alteration, repair or demolition of any building or structure;

(vi) refrigerators, freezers, stoves or other appliances and furniture;

(vii) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;

(viii) discarded  boats,  aircraft or motor vehicles,  vehicle parts  and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment;

(ix) rubble, inert fill, fencing materials.

Industrial waste

Shall mean any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes, but is not limited to, the following classes of waste material:

(i) piping, tubing, conduits, cables, fittings or other accessories, or adjuncts to piping, tubing, conduits or cables;

(ii) containers of any size, type or composition;

(iii) rubble, inert fill;

(iv) mechanical equipment, mechanical parts, accessories or adjunct to mechanical equipment;

(v)  articles, things, matter, effluent which is whole or in part or fragments thereof derived from or constituted from or consist of agricultural, animal, vegetable, paper, lumber or wood  products; or mineral,  metal or chemical products, whether or not the products are manufactured or otherwise processed;

(vi) bones, feathers, hides;

(vii) paper or cardboard packaging or wrapping;

(viii) material resulting from, or as part of, construction or demolition projects;

(ix)  discarded boats, aircraft, motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted  on rims, mechanical equipment.

Land

Shall include yards, vacant lots or any part of a lot which is not beneath a building;

Owner

Shall include lessee and occupant of the land;

Perennial gardens

Shall mean an  area deliberately  implemented  to produce ground cover, including wild flowers, shrubs, perennials, ornamental grasses or combination of them, but does not include a wildflower meadow or a naturalized area;

Rubble

Shall include broken concrete, bricks, broken asphalt, patio or sidewalk slabs;

Woodland

Means treed areas that provide environment and economical benefits such as erosion prevention, water retention, provision of habitat, recreation and the sustainable harvest of wood products. Woodland shall also include woodlots or forested areas.

General Provisions

1. This by-law shall be enforced by the Municipal Law Enforcement Division of the Corporation of the City of Clarence-Rockland.

2. Every owner shall keep his lawn, hedges, and bushes neatly trimmed on a regular basis.

(a) The owner of a land shall cut the grass and weeds on the boulevard abutting the  owner’s land, wherever such boulevard is reasonably accessible for maintenance.  (amended by 2006-78)

(b) The owner of a land shall clear away and remove away garbage or other debris from the boulevard abutting the owners land. (amended by 2006-78)

(c) No steps shall be taken to enforce the provisions of subsections (a) and (b) until the owner of the land has been given a written notice requiring compliance with the bylaw with the time specified in the notice but no sooner than seventy two (72) hours after the notice has been given.    (amended by 2006-78)

(d) If the owner of a land fails to comply with the provisions of subsections (a) and (b) within the time specified in the notice given under subsection (c), the City may do the work or arrange for the work to be done unless otherwise authorized by the Director of the Municipal Law Enforcement Service.   (amended by 2006-78)

3. Every owner shall keep his land filled up and drained.

4. Every owner shall fill an excavation on the land unless it isenclosed completely by a temporary barrier at least 122 cm (48") in height in such a manner as to prevent an unsafe condition.

5. Every owner shall drain land accumulation of water that exceeds 30 cm (12") in depth unless it is completely enclosed by a temporary barrier of at least 122 cm (48") in height or such water constitutes a storm water management pond approved by the City.

6. Every owner shall keep his land clean, cleared and free from domestic and industrial waste.

7. No person shall throw, place, dump or deposit domestic or industrial waste on private property or City property without lawful written authority.

8. Every owner shall keep or maintain water in a swimming pool in a condition which is not a health hazard, or malodorous, or a breeding place for mosquitoes.

9. Every refrigerator, freezer, stove or other similar appliance and furniture stored or left on a porch, deck, or in any yard or street or similar area shall not have a self-latching device or self- locking device and shall be:

(a)        in working condition,

(b)        secured with an external locking device,

(c)        locked at all time except when actually being used or supervised.

General Prohibitions

1. No person shall, within the City, fail to clear land of domestic waste.

2. No person shall, within the City, fail to clear land of industrial waste.  

3. No person shall, within the City, fail to enclose an excavation with a temporary barrier at least 122 cm (48u) in height.

4. No person shall, within the City, fail to drain an accumulation of water exceeding 30 cm (1211) in depth.

5. No person shall, within the City, deposit domestic waste on private property without lawful written authority.

6. No person shall, within the City, deposit industrial waste on private property without lawful written authority.

7. No person shall, within the City, deposit domestic waste on municipal property without lawful written authority.

8. No person shall, within the City, deposit industrial waste on municipal property without lawful written authority.

9. No person shall fail to keep or maintain water in a swimming pool in accordance with the provisions of this by-law.

10. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not locked at all time

11. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or side yard or similar area having a self-latching device or self-locking device.

12. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not in working condition.

13. No person shall store or leave a refrigerator,  freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not secured with an external locking device.

14. No person shall obstruct, hinder or in any way interfere with any Municipal Law Enforcement Officer in the enforcement of the provisions of this by-law.

Exemptions

1. Section of this by-law does not apply to land on which construction is proceeding under a valid building permit.

2. Section 6 of this by-law does not apply to natural bodies of water or lawfully maintained swimming pools.

3. Sections 7 and 8 of this by-law shall not apply to land which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing by-laws and regulations.

4. Sections 7 and 8 of this by-law shall not apply to land or structures designated by or operated by the City for the purpose of dumping or disposing of domestic or industrial waste.

5. This by-law does not apply to perennial gardens managed in accordance with the Weed Control Act, provided that there is no waste.

Enforcement

1. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and liable to any penalty as provided in the Provincial Offences Act, as amended.

2. The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to anyother penalty imposed on the person convicted.

3. Where any requirement in accordance with this by-law is not carried out, the Municipal Law Enforcement Officer or persons designated by the Municipal Law Enforcement Officer for the Corporation of the City of Clarence-Rockland may, upon such notice as he deems suitable, do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes.

4. Where any matter or material is removed in accordance with Section 32, it may be immediately disposed of by the Municipal Law Enforcement Officer.

5. A Municipal Law Enforcement Officer designated to perfonn inspections pursuant to this by- law may, at all reasonable times, enter onto land for the purpose of an inspection of the land.

6. Where it becomes necessary to proceed pursuant to Section 32 of this by-law, a Municipal Law Enforcement Officer may enter onto lands with any person and the appropriate equipment, as required, to bring the property into compliance with this by-law.

Repeal - Enactment

1. That By-Law 1989-45 (Town of Rockland) and By-law 1997-26 (Township of Clarence) and their amendments are hereby repealed.

2. This by-law shall come into force on the date it is passed by the Council of the Corporation of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 8th day of May, 2001.

Jean-Pierre Pierre - Mayor

Daniel Gatien - Clerk

Clôtures et écrans d'intimités - 2016-96

En anglais seulement

Whereas paragraph 7 of Subsection 11(3) of the Municipal Act, 2001 states that a lower-tier municipality may pass by-laws subject to the rules set out under subsection (4), in regards to structures including fences and signs;

And Whereas section 8(3) of the Municipal Act, 2001 authorizes a municipality to regulate or prohibit matters pertaining to fences and as a part of that power, to provide for a system of approvals and to impose conditions as requirements of obtaining, continuing to hold or renewing the approval;

And Whereas section 11(2)(6) of the Municipal Act authorizes a municipality to regulate matters related to health, safety and well-being of the inhabitants of the municipality; 

And Whereas section 446 of the Municipal Act authorizes a municipality, under a by-law, to direct or require a person to do a matter or thing and the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense, and the municipality may recover the costs of doing the matter or thing from the person by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; 

And Whereas section 425 of the Municipal Act authorizes a municipality to pass a by-law providing that a person who contravenes a by-law of the municipality is guilty of an offence;

And Whereas section 429 of the Municipal Act authorizes a municipality to establish a system of fines for the offences;

Now Therefore

The Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1.1 Definitions 

In this by-law,

Agricultural Operation

Means an agricultural, aquacultural, horticultural or silvacultural operation that is carried on in the expectation of gain or reward;

Building

Means any structure used or intended for supporting or sheltering any use or occupancy;

City

Means Corporation of the City of Clarence-Rockland;

City Engineer

Means Director of the Infrastructure and Planning Department of the Corporation of the City of Clarence-Rockland for the time being or such other person or persons designated by him;

Collector Roads

Means the roads designated as collector on Schedule "B", to the Official Plan of the Urban Area of the City of Clarence-Rockland and Schedule “D” of the Official Plan of the United Counties of Prescott and Russell;

Corner Lot

Means a lot situated at the intersection of two or more roads or upon two parts of the same road having an angle of intersection not exceeding 135 degrees;

Council

Means the Council of the Corporation of the City of Clarence-Rockland;

Director

Means the person appointed as Director of the By-law Enforcement Division, or authorized delegate;

Erect

Includes alter, construct, place, relocate and any work preparatory to erection and "erection" has a corresponding meaning;

Fence

Means any freestanding structure, wall or barrier other than a building, erected at grade for the purpose of delineating the boundaries of a property, restricting ingress to or egress from a property, providing security or protection to property, and does include a hedge;

Gate

Means any swinging or sliding barrier used to fill in or close an access in a fence;

Grade

Means the elevation of the finished level of the ground adjoining the fence exclusive of any artificial embankments or berms;

Hedge

Means a continuous line of thick shrubs or trees, which is densely planted and intended to be maintained at an even height;

Lot Line, Front

Means,

  1. in the case of an interior lot, the lot line dividing the lot from the street,
  2. in the case of a corner lot, through lot, or through corner lot, the shortest of the lot lines that divide the lot from the road shall be deemed the front lot line,
  3. in the case of a corner lot, through lot, or through corner lot where such lot lines are of equal length, the City may deem any of the lot lines that divide the lot from the road as the front lot line;

Lot Line, Rear

Means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the apex of the triangle formed by the intersection of the side lot lines;

Lot Line, Side

Means a lot line other than a front lot line or a rear lot line;

Non-Residential Property

Means land used for other than residential purposes and includes land used for both residential and other purposes;

Open Construction

Means construction of a fence that has an open vertical surface space, enabling a clear view through such fence; 

Person

Means an individual, firm, corporation, association or partnership;

Principal Building

Means the building in which the principal use of the lot is conducted;

Privacy Screen

Means a permanent structure that provides a screen or visual barrier to provide privacy;

Residential Property

Means land used for residential purposes and includes vacant land abutting residential property;

Road

Means a public road or private road;

Sight Triangle

Means a triangular area on a lot formed by an intersecting exterior lot line and front lot line and a line drawn from a point on one line across such lot to a point on the other lot line, each such point being the required distance from the point of intersection of the two lot lines;

Yard

Means any open space located between the nearest point of a building and a lot line;

Yard, Front

Means a yard extending across the full width of a lot between the front lot line and the nearest point of the principal building on the lot;

Yard, Rear

Means a yard extending across the full width of the lot between the rear lot line and the nearest point of the principal building on the lot; and

Yard, side

means a yard extending from the front yard to the rear yard between the side lot line and the nearest point of the principal building on the lot.

1.2.Severability

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

1.3. Calculation of Height

3.1   The height of a fence at any given point shall be measured from the grade at the base of the fence, as follows:

  1. to the top of the fence where erected at grade and where there is no grade difference between the two sides of the fence; or
  1. from the higher grade to the top of the fence where erected at grade and there is a grade difference between the two sides of the fence.

 1.4. Visibility Triangles

4.1       In the case of a corner lot, no person shall erect a fence or cause a fence to be erected that is greater than seventy-five centimetres (75 cm) in height at any point within a visibility triangle formed by measuring six metres (6 m) along the lot lines from the intersection of any two roads or at the intersection of two parts of the same road meeting at an angle of not more than one hundred and thirty-five (135) degrees;

4.2       In the case of any lot, no person shall erect a fence or cause a fence to be erected that is greater than seventy-five centimetres (75 cm) in height within a visibility triangle formed by measuring two metres     (2 m) along the lot line and a driveway, a pedestrian walkway or a bicycle pathway, at the intersection of the driveway, walkway or pathway and the lot line abutting the road.

1.5. Height Restrictions - Residential Property

5.1       Subject to Section 4, on residential property no person shall erect a fence or cause a fence to be erected that is higher than,

  1. one metre (1 m) in height in a yard, front, and
  2. two hundred and thirteen centimetres (213 cm) in height in any yard other than a yard, front.

5.2   Despite Section 5.1, in yards, side and yards, rear,

  1. gates may exceed the height restrictions by a maximum of thirty centimetres (30 cm),
  2. archways forming part of an entrance may exceed the height restrictions to a maximum of two hundred and fifty centimetres (250 cm), and
  3. decorative caps on structural posts may exceed the height restrictions to a maximum of fifteen centimetres (15 cm).

5.3       Despite Section 5.1, where a residential property abuts a collector road and where the grade level at the crown of the road is higher than the grade at the base of the fence, the maximum height restriction with respect to that portion of fence immediately contiguous to the highway shall be measured from the crown of the road to the top of the fence, but in no event shall such portion of the fence immediately contiguous to the road exceed a height of three metres (3 m) in a yard, rear or yard, side as measured from the base to the top of the fence.

1.6. Height Restriction- Non-Residential Property

6.1   On non-residential properties, no person shall erect a fence or cause a fence to be erected that is higher than three metres (3 m).

1.7. Height Restrictions - Privacy Screens

7.1  In a residential zone, other than land used for multiple attached dwelling units (townhouses), a privacy screen may be erected in a rear yard or side yard, provided:

  1. the privacy screen is located at least 1 metre from any property line,
  1. the maximum height of the privacy screen shall be 2.0 metres (6 feet, 5 inches) plus an additional 0.3 metres (1 foot) in height for each additional 0.3 metres (1 foot) that the privacy screen is set back from the permitted minimum zone setback as established in the Zoning by-law, to a maximum height of:

                  i. 2.6 metres (8 feet 5 inches) if erected at ground level, or

ii. 2 metres (6 feet 5 inches) above a deck or platform if erected on the deck or platform (measured from the floor or the deck or platform),

  1. the portion of any privacy screen exceeding 2.44 metres (8 feet) in height as measured from the ground shall be of at least 40% open construction,
  1. no privacy screen on a corner lot shall be closer to the road than the portion of the main building nearest to the road, and

e. no privacy screen shall exceed 9 metres (29 feet 5 inches) in length along any section of a fence or 12 metres (39 feet 25 inches) in total length;

7.2  In a residential zone used for multiple attached dwelling units (townhouses), privacy screens are not permitted, except upon a deck or platform in a rear yard provided:

a.  the maximum height of the privacy screen shall be 2 metres (6 feet 5 inches) measured from the floor of the deck or platform,

b. the maximum projection of a privacy screen from the building shall be 3.66 metres (12 feet),

c. the privacy screen shall be set back at least 0.9 metres (3 feet) from any property line other than a property line which is the extension of a common wall between two dwelling units, and

  1. no privacy screen on a corner lot shall be closer to the road than the portion of the building nearest the road.

1.8 Exemptions

8.1       Despite Section 5.1, where it is considered necessary for the health or safety of the public, the Director may permit the construction of a fence higher than the height specified in the by-law on residential property provided that the height of the fence does not exceed 2.5 metres and the height of the fence is necessary to ensure public safety. The exemption must be given in writing and duly filed in the property file.

8.2       The City may authorize a variance from this By-law by approval of the Director or by resolution of Council.

1.9. General Regulations

9.1  No person shall erect a fence or a privacy screen or cause a fence or privacy screen to be erected unless the fence or privacy screen is,

  1. stable,
  2. vertical,
  3. made of materials of good quality,
  4. suitable for the purpose, and
  5. constructed and supported in a manner commensurate with the     design of the entire fence.

9.2  Every person who erects a fence or a privacy screen or causes a fence or privacy screen to be erected shall keep such fence or privacy screen,

  1. in good repair,
  2. in a safe and structurally sound condition,
  3. free from accident hazards,
  4. protected by paint, preservative or other weather resistant material, except for wooden fences made of cedar, redwood or treated wood and
  5. as to not display logos, messages or graphics that promotes violence, hatred and discrimination and with gruesome pictures.

9.3   No person shall erect a fence or a privacy screen or cause a fence or a privacy screen to be erected,

  1. which is wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material,
  2. which contains a device for projecting an electric current, or
  3. in a manner that renders a swimming pool enclosure non-conforming with the requirements of the “Pool By-law” of the City.

9.4   No person shall erect a fence or cause a fence to be erected on City property, including any public highway.

9.5   No person shall erect a fence or cause a fence to be erected unless the fence is constructed and finished in such a manner so as to present the finished side thereof, as determined by the Director, toward the public street and any neighbouring property.

9.6    Despite paragraph (a) of Section 9.3, where required for the safety or protection of non-residential property, the portion of any fence above two hundred and fifty centimetres (250 cm) may be wholly or partially constructed of barbed wire.

9.7  Unsightly markings, stains or other defacements on the exterior surfaces of fences shall be removed and the surface shall be refinished when necessary.

9.8    No person shall erect or cause to be erected, on residential property or on lot lines of non-residential property abutting residential property, a chain link fence that is not vinyl or powder coated.

9.9  No person shall alter in any way the existing grades or drainage patterns of the premises, unless otherwise approved by the City Engineer. The finished grade shall comply with the approved lot grades or drainage patterns.

9.10  No person shall install a fence directly on a municipal infrastructure (catch basin, fire hydrant, standposts, etc.), or within any lands subject to an easement in favour of the City, without the prior written approval of the City Engineer, which approval may be withheld in the Engineer’s sole discretion, and if such approval is granted, a door or an opening shall be created to provide unobstructed access to the City infrastructure. The size and location of the opening must be approved by the City.

9.11 In the event that a fence or portion thereof is required to be removed, or becomes damaged by the City or its authorized agents in the exercise of the City’s rights pursuant to a registered easement upon which a fence has been erected (approved or otherwise), the City shall have no obligation to repair or replace such fence or compensate the owner of the fence in any manner whatsoever.  

1.10 Non-Application of By-law

10.1    Section 6 does not apply to a fence erected upon, or abutting land, which is used for a railway right-of-way, or for hydro, telephone or utility installations, or for public work installations which are hazardous to the public.

10.2    Sections 5 and 6 do not apply to a fence required by the City as a condition of a subdivision approval or site plan approval.

10.3    Section 5 and Section 6 do not apply to a fence erected to enclose a tennis court and any other public recreational facility, provided that the fence is of chain link construction.

10.4    The provisions of this by-law do not apply to a fence erected on lands used for an agricultural operation.

10.5    The provisions of this by-law do not apply to a noise barrier that received approval from the City Engineer.

1.11. Transition

 11.1    Nothing in this by-law shall prevent the continued use and maintenance of a fence if such fence was lawfully erected in conformity with the provisions of a previous fence by-law prior to the effective date of this by-law.

 11.2    Any exemptions approved under a previous fence by-law continue in force and shall be deemed to be issued under this by-law for regulatory and enforcement purposes.

1.12 General Prohibition

12.1    No person shall erect, own, or maintain, or cause or permit the erection or maintenance of any fence on private property in the City that does not comply with this by-law and any other applicable law.

12.2    No person shall install a fence on a common lot line of a semi-detached dwelling or a townhouse dwelling on a shared driveway.

12.3  No person shall erect a snow fence unless it is:

a. during the winter months (from November 15th to April 30th); or

b. to temporarily provide barricade for a public purpose.

12.4    No person shall erect a construction fence unless it is used to:

  1. enclose a current construction project;
  2. surrounds a temporary event; or

13. Inspection

13.1  The City may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with:

         a. this by-law; or,

         b. an order made under section 431 of the Municipal Act, 2001;

13.2  For the purposes of conducting an inspection pursuant to section 13.1 of this by-law, the City may:

a. require the production for inspection of documents or things relevant to the inspection,

b. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts,

c. require information from any Person concerning a matter related to the inspection; and,

d. alone or in conjunction with a Person possessing special or expert  knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

14. Offence

14.1  Any person who contravenes any of the provisions of this by-law is guilty of an offence.

14.1    Where a fence has been erected and create a safety or health hazards, the Director may remove the fence at the expense of the Owner.

15. Penalties

15.1    Every person who is convicted of an offence is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P. 33, as amended.

15.2    When a person has been convicted of an offence under this by-law,

  1. the Ontario Court of Justice; or
  2. any court of competent jurisdiction thereafter,

may in addition to any penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

16. Administration

This by-law shall be enforced by the Municipal Law Enforcement Officers of the City.

17.Repeal

That By-law 2002-09 is hereby repealed.

That Policy AMÉ-06-02 is hereby repealed.

Read a first time in open Council, this 6th Day of September, 2016

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Read a second time in open Council, this 3rd Day of October, 2016 

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Read a third time and passed in open Council, this 3rd Day of October, 2016

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 

Code de déontologie des membres du conseil, comités et bénévoles – 2019-40

Being a by-law to establish a code of conduct for members of municipal council, committee members and volunteers complaint protocols, advice request protocol and to adopt a council and staff relations policy.

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 223.2 (1) provides that a municipality shall establish codes of conduct for members of the council of the municipality and its local boards; and

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 223.3 authorizes a municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the responsibilities set out in section 223.3 of the Municipal Act, including, but not limited to, the application of the Code of Conduct for Members of Council; and

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 270 (1), subsection 2.1 provides that a municipality shall adopt and maintain a policy with respect to the relationship between members of council and the officers and employees of the municipality; and

Whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient and necessary to adopt a revised Code of Conduct for Council, establish a Code of Conduct for Committees and Volunteers, establish Complaint Protocols and establish a Council and Staff Relations Policy;

Now therefore, the council of the corporation of the city of Clarence-Rockland enacts as follows:

1. That the Council Code of Conduct, attached hereto and forming part of this by-law as Schedule “A”, is hereby established and adopted.

2. That the Complaint Protocol for the Council Code of Conduct, attached hereto and forming part of this by-law as Schedule “B”, is hereby established and adopted.

3. That the Committee and Volunteer Code of Conduct, attached hereto and forming part of this by-law as Schedule “C”, is hereby established and adopted.

4. That the Complaint Protocol for the Committee and Volunteer Code of Conduct, attached hereto and forming part of this by-law as Schedule “D”, is hereby established and adopted.

5. That the Council and Staff Relations Policy, attached hereto and forming part of this by-law as Schedule “E”, is hereby established and adopted.

6. That the Council Request for Advice Protocol/Form, attached hereto and forming part of this by-law as Schedule “F”, is hereby established and adopted.

7. That By-law 2013-116 is hereby repealed upon the adoption of this by-law.

8. That this By-law shall come into force and take effect on the day of its passing. 

Read, passed and adopted in open council this 15th day of April 2019.

Guy Desjardins, Mayor                                 

Monique Ouellet, Clerk

 

  Schedule A Council Code of Conduct

1.0  Policy Statement

The City of Clarence-Rockland is committed to setting a high standard of conduct for Members of Council in order to provide good governance and a high level of public confidence in the administration of the City by its Members as duly elected or appointed public representatives to ensure that they operate from a foundation of integrity, transparency, justice, truth, honesty and courtesy.

2.0 Purpose

The purpose of this Code of Conduct is to establish a general standard to ensure that all Members share a common basis for acceptable conduct, and to which all Members are expected to adhere to and comply with.

3.0 Scope

This Code of Conduct applies to Members of Council. It may be extended to Members of Local Boards as defined in Section 223.1 of the Municipal Act, 2001

4.0 Definitions

Agent

Means a representative who acts on behalf of other persons or organizations, but does not include Members performing official duties;

Assets

Means all property of the City, including equipment, financial assets, facilities, land, vehicles, material, paper and electronic documents, inventories, tools, electronic equipment, computers, email, internet services and intellectual property;

By-Law

Means a regulation passed by Council for the government of its affairs;

Chief Administrative Officer or CAO

Means the senior executive appointed by Council who is responsible for managing the City;

City

Means the Corporation of the City of Clarence-Rockland.

Clerk

Means the person as appointed by Council pursuant to Section 228 of the Municipal Act, 2001

Confidential Information

Means:

  1. Information in the possession of, or received in confidence by the City, that it is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act;
    1. A matter that has been debated or discussed at a meeting of Council closed to the public, unless the matter is subsequently discussed in Open Session, or it is authorized to be released by Council;
    2. Information concerning litigation, negotiation, or personnel matters; and;
    3. Reports of consultants, draft documents and internal communications, which, if disclosed may prejudice the reputation of the City, its officers and employees, or its effective operation.

Employee

Means a person employed by the City, including those employed on a personal services contract and volunteers but does not include Members.

Family Relationship or Interest

Means a situation involving the interest of any family member, specifically:

  1. spouse, including but not limited to common-law spouse and same-sex partner;
  2. child, mother, father, sibling, grandchild, grandparent, aunt, uncle, niece or nephew;
  3. parent-in-law or sibling-in-law;
  4. step-parent, step-sibling, or step-child;
  5. parent or child in a relationship where the role of the parent has been assumed; or
  6. any person who lives with the Member on a permanent basis.

Head of Council

Means the Mayor or delegate;

Integrity Commissioner

Means a person or persons appointed by Council who is responsible for performing the functions as per section 223.3 of the Municipal Act, 2001.

Local Board

Means a local board as defined in Section 223.1 of the Municipal Act, 2001.

Members

Means a member of Council or a member of a Local Board.

Official Duties

Means functions performed by Members necessary to provide responsible and accountable governance.

Personal Information

as defined in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 (MFIPPA), means recorded information about an identifiable individual and includes:

  1. Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
  2. Information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relation to financial transactions in which the individual has been involved;
  3. Any identifying number, symbol or other particular assigned to the individual;

iv. The address, telephone number, fingerprints or blood type of the individual;

  1. Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence;

vi. The views or opinions of another individual about the individual;

vii. The individual’s name if it appears with other personal information relation to the individual or where the disclosure of the name would reveal other personal information about the individual.

5.0  Policy Requirements

5.1   Statutory Provisions Regulating Conduct      

a) This Code of Conduct complements the existing legislation governing the conduct of Members. The following federal and provincial legislation governs conduct:

  1. Municipal Act, 2001
  2. Municipal Conflict of Interest Act
  3. Municipal Elections Act, 1996
  4. Municipal Freedom of Information and Protection of Privacy Act
  5. Provincial Offences Act
  6. Ontario Human Rights Code
  7. Criminal Code of Canada.

b) Complaints regarding statutory matters outlined in 5.1 a), should be directed to the appropriate process or authority. In the case of any inconsistency between this Code of Conduct and Federal or Provincial statute or regulation, the statue or regulation shall prevail

c) Members will follow by-laws, policies and decisions of Council as adopted and amended from time to time.

5.2  General Principles and Values       

a) Members shall act in accordance with his/her declaration of office;

b) Members will respect the role of Council as set out in the Municipal Act, 2001;

c) Members will support the mission, vision and values of the City.

d) Members will respect the decision-making process of Council by accurately communicating the decision reached by majority of Council, even if they disagree with the outcome.

e) Members will maintain professionalism, integrity, respect, and trust.

f) Members will promote open, accountable and transparent local government.

g) Members will encourage public respect for the City, its by-laws and policies

5.3 Standards of Behaviour and Conduct

5.3.1   Respect and Dignity

a) Members have a duty to treat members of the public, one another, and staff with respect and without abuse, bullying or intimidation.

b) Members will ensure their work environment is free from discrimination and harassment.

c) Members will conduct themselves according to legislative requirements, including the municipal workplace harassment and violence policies.

d) Members will observe decorum and conduct themselves as outlined in the procedural by- law.

e) Members will refrain from public criticism of other Members, staff or any other person that questions their professional reputation, competence and credibility.

5.3.2   Conduct Respecting Staff

a) Members will be respectful of the fact that staff work for the City and are charged with making recommendations and advice based on political neutrality that reflects their professional expertise and objectivity, without undue influence from any individual member or group of members.

b) Members acknowledge that only Council as a whole, in a duly called meeting with a quorum present, has the capacity to direct staff members.

c) Members recognize that the Chief Administrative Officer is the only staff person directly reporting to Council. Members will direct any concerns respecting staff through the Chief Administrative Officer.

d) Members of Council will not:

  1. Maliciously or falsely injure the professional or ethical reputation of staff;
  2. Compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities; or
  3. Use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding or influencing any staff member with the intent of interfering in staff’s duties.

5.3.3   Gifts, Benefits and Hospitality

a) Members will not accept a fee, advance, gift or personal benefit connected directly or indirectly to the performance of duties, unless permitted by law.

b) Members will make decisions free from the influence of gifts, favours, hospitality, and entertainment.

c) Members will decline any personal gift where the acceptance of such gift may imply a contractual agreement with or obligation to the donor.

d) Notwithstanding a), b), and c), Members may accept tokens, mementoes, souvenirs, or such gifts or benefits up to and including a value of $300.00 that are received as a result of the responsibilities of the office. Tokens, mementoes, souvenirs or gifts with a value greater than $300.00 shall be the property of the City.

e) Exceptions outlined in Section 5.3.3 d) must be reported to the Clerk by the Member in writing using Form 2. These exceptions will be reported to Council on an annual basis, at the end of the year.

f) Members will not seek or obtain by reason of their office any personal privilege or advantage with respect to municipal services not otherwise available to the general public and not following as a result of official duties.

5.3.4   Use of Municipal Assets

a) Members may only use municipal property, equipment, services or supplies of consequence for official duties or associated community activities, unless previously approved by Council.

b) Members will comply with corporate policies related to the use of municipal assets, including but not limited to municipal vehicles, municipally owned computers, internet and email.

c) Members will not seek or gain personal benefit from the use of municipally developed intellectual property, computer programs, technological innovations or other patentable items, while an elected official or thereafter. All such property remains the exclusive property of the City.

5.3.5   Confidentiality, Privacy and Use of Information

a) All information, documentation or deliberations received, reviewed or taken in closed session meetings are confidential, except as otherwise directed by Council.

b) Members will not disclose or release by any means to any Member of the public either in verbal or written form any confidential information acquired by virtue of their office, except when required by law to do so.

c) Requests for information should be referred to the Clerk to be addressed in conformity with the Municipal Freedom of Information and Protection of Privacy Act.

d) Members will follow the established practices within the City for closed meeting materials.

e) Members will not use information gained in the execution of their duties that is not available to the general public for any other purpose.

5.3.6   Personal and Political Interests

a) Members will not use municipal facilities, services or property for personal business gain.

b) Members will not use the services of employees for personal business during the hours in which the employees are in the paid employment of the City.

c) Members will not use municipal resources for political purposes, including re-election, in conformity with municipal policy and in compliance with the Municipal Elections Act.

d) Members will not borrow money from any person who regularly does business with the City unless such person is an institution or company whose shares are publicly traded and who is regularly in the business of lending money.

e) Members will not act as a paid agent before Council or its committees, agencies or boards.

f) Members will recognize their obligations to follow and respect both the letter and the spirit of the provisions of the Municipal Act, 2001 as amended and the Municipal Conflict of Interest Act, or successor legislation.

g) Members shall not attempt to influence any outcome or decision regarding or based on a family relationship or interest.

 Schedule B Complaint Protocol

 1.0 Informal Complaint

Any individual who identifies or witnesses behaviour or activity by a Member that appears to breach the Code of Conduct may pursue the following informal complaint process or proceed directly to filing a formal complaint as defined in section 2:

a) Advise the Member that the behaviour or activity appears to breach the Code of Conduct;

b) Encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to avoid future occurrences of the prohibited behaviour or activity;

c) Document the incidents including dates, times, locations, other persons present, and any other relevant information;

d) Request the Head of Council or designate to assist in informal discussion of the alleged complaint with the Member in an attempt to resolve the issue;

e) If applicable, confirm satisfaction with the response of the Member, or if applicable, advise the Member of dissatisfaction with the response; and

f) Consider the need to pursue the matter in accordance with the formal complaint procedure outlined in section 2.

2.0     Formal Complaint:

 Any individual who identifies or witnesses behaviour or an activity by a Member that they believe is in contravention of the Code of Conduct may file a formal complaint in accordance with the following:

a)  All formal complaints shall be made in writing either by using Form 1, or by providing all of the information requested therein, originally signed and filed with the Clerk. All complaints filed with the Clerk will be forwarded directly to the Integrity Commissioner.

b) The complaint must set out reasonable and probable grounds for the allegation that the Member has contravened the Code of Conduct.

c) The identity of the complainant shall be protected.

d) The Integrity Commissioner shall follow a process similar to that depicted in diagram 1 for all complaints received.

e) If a report is warranted by the Integrity Commissioner, the Integrity Commissioner and/or the Clerk will protect any personal information about the complainant.

f) Council will review the report of the Integrity Commissioner in closed session due to personal matters about an identifiable individual being the complainant.

g) Determination of any reprimand will be completed in open session. Council will report out in open session and Council will state its reasons for the decision. If Council decides there was a breach in the code of conduct, Council will decide if there will be a penalty as may be imposed under section 223.4(5) of the Municipal Act, 2001.

 Schedule C Committee and Volunteer Code of Conduct

1.0 Policy Statement

The City of Clarence-Rockland values the important contribution of its volunteers, including Advisory Committee members, which are appointed by Council.  This Code is intended to ensure that Volunteers and Advisory Committee members carry out their duties with respect, integrity, transparency, justice, truth, honesty and courtesy.

2.0 Purpose

The purpose of this Code of Conduct is to establish a general standard to ensure that all volunteers, including Advisory Committee members share a common basis for acceptable conduct, and to which they are expected to adhere to and comply with.

3.0 Scope

This Code of Conduct applies to persons who volunteer with the City of Clarence-Rockland in a formal way, including Advisory Committees, sub-committees, Task Force and Working Group members.  This policy does not apply to members of Council, Local Board, Clarence-Rockland Public Library Board, staff or volunteer firefighters, who must adhere to their own Codes of Conduct.

4.0  Definitions

Advisory Committee

Means a body, primarily made up of citizen appointees with one member of Council serving as Liaison.  Providing advice to Council and staff on an area of expertise.  The work of the advisory committee is undertaken in keeping with Terms of Reference adopted by Council.;

By-Law

Means a regulation passed by Council for the government of its affairs;

Chief Administrative Officer or CAO

Means the senior executive appointed by Council who is responsible for managing the City;

City

Means the Corporation of the City of Clarence-Rockland.

Clerk

Means the person as appointed by Council pursuant to Section 228 of the Municipal Act, 2001.

Confidential Information

Means:

  1. Information in the possession of, or received in confidence by the City, that it is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act;
  2. A matter that has been debated or discussed at a meeting of Council closed to the public, unless the matter is subsequently discussed in Open Session, or it is authorized to be released by Council;
  3. Information concerning litigation, negotiation, or personnel matters; and;
  4. Reports of consultants, draft documents and internal communications, which, if disclosed may prejudice the reputation of the City, its officers and employees, or its effective operation.

Employee

Means a person employed by the City, including those employed on a personal services contract and volunteers but does not include members.

Family Relationship or Interest

Means a situation involving the interest of any family member, specifically:

  1. spouse, including but not limited to common-law spouse and same-sex partner;
  2. child, mother, father, sibling, grandchild, grandparent, aunt, uncle, niece or nephew;
  3. parent-in-law or sibling-in-law;
  4. step-parent, step-sibling, or step-child;
  5. parent or child in a relationship where the role of the parent has been assumed; or
  6. any person who lives with the member on a permanent basis.

Head of Council

Means the Mayor or delegate;

Integrity Commissioner

Means a person or persons appointed by Council who is responsible for performing the functions as per section 223.3 of the Municipal Act, 2001.

Local Board

Means a local board as defined in Section 223.1 of the Municipal Act, 2001.

Official Duties

Means functions performed by volunteers sanctioned by the City of Clarence-Rockland.

Personal Information

As defined in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 (MFIPPA), means recorded information about an identifiable individual and includes:

  1. Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
  2. Information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relation to financial transactions in which the individual has been involved;
  3. Any identifying number, symbol or other particular assigned to the individual;
  4. The address, telephone number, fingerprints or blood type of the individual;
  5. Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence;
  6. The views or opinions of another individual about the individual;
  7. The individual’s name if it appears with other personal information relation to the individual or where the disclosure of the name would reveal other personal information about the individual.

Task Force or Working Group

Means a body of limited duration established by Council through Terms of Reference to produce recommendations for Council’s consideration.

Volunteer

Means a person who freely offers to take part in an activity, body or undertake a task on behalf of and sanctioned by the City of Clarence-Rockland, and includes Advisory Committees, sub-committees, Task Force and Working Group members.

5.0 Policy Requirements

5.1  Statutory Provisions Regulating Conduct       

a) This Code of Conduct complements the existing legislation governing the conduct of members of Council. The following federal and provincial legislation governs conduct:

  1. Municipal Act, 2001
  2. Municipal Conflict of Interest Act
  3. Municipal Elections Act, 1996
  4. Municipal Freedom of Information and Protection of Privacy Act
  5. Provincial Offences Act
  6. Ontario Human Rights Code
  7. Criminal Code of Canada.

b)  Complaints regarding statutory matters outlined in 5.1 a), should be directed to the appropriate process or authority. In the case of any inconsistency between this Code of Conduct and Federal or Provincial statute or regulation, the statue or regulation shall prevail.

5.2  General Principles and Values       

a) Volunteers will support the mission, vision and values of the City.

b) Volunteers will respect the decision-making process of Council.

c) Volunteers will maintain professionalism, integrity, respect, and trust.

d) Volunteers will promote open, accountable and transparent local government.

e) Volunteers will encourage public respect for the City, its by-laws and policies

5.3  Standards of Behavious and Conduct      

5.3.1   Respect and Dignity

a) Volunteers have a duty to treat members of the public, one another, and staff with respect and without abuse, bullying or intimidation.

b) Volunteers will ensure their work environment is free from discrimination and harassment.

c) Volunteers will conduct themselves according to legislative requirements, including the municipal workplace harassment and violence policies.

d) Volunteers will observe decorum and conduct themselves as outlined in the procedural by- law and/or Terms of Reference.

e) Volunteers will refrain from public criticism that questions the professional reputation, competence, and credibility of Council, other volunteers, staff or any other person.

f) Volunteers will protect and not divulge personal and confidential information obtained or encountered in the course of volunteering.

5.3.2   Conduct Respecting Staff

a) Volunteers acknowledge that only Council as a whole, in a duly called meeting with a quorum present, has the capacity to direct staff members.

b) Volunteers will be respectful of the fact that staff work for the City and are charged with making recommendations and provide advice based on political neutrality that reflects their professional expertise and objectivity.

c) Volunteers will not:

  1. Maliciously or falsely injure the professional or ethical reputation of staff;
  2. Use, or attempt to use, their influence for the purpose of intimidating, threatening, coercing, commanding or influencing any staff member with the intent of interfering in staff’s duties.

5.3.3   Conduct Respecting Advisory Committees, Sub-Committees, Task Forces and Working Groups

a) Volunteers shall, when conducting committee business, preparing written correspondence, interacting with members of Council, the media, the public or staff, act in a manner that:

  1. Fulfils the mandate and Terms of Reference of the body;
  2. Respects due process and the authority of the Chair and Council;
  3. Demonstrates respect for all fellow members, Council, the public, and staff;
  4. Respects and gives fair consideration to diverse and opposing viewpoints;
  5. Represents the community and works with community members to bring forward their views;
  6. Demonstrates professionalism, transparency, accountability, and timeliness in completing any tasks or projects undertaken by the body;
  7. Conforms with all relevant legislation, by-laws, policies, and guidelines;
  8. Contributes in a meaningful manner, offering constructive comments to Council, staff, and fellow members; and
  9. Supports committee recommendations.

b) A member of an Advisory Committee, Sub-Committee, Task Force or Working Group shall not:

  1. Place themselves in a position where they could derive any direct personal benefit or interest from any matter about the member can influence decisions;
  2. Accord preferential treatment to relatives, or to organizations in which the member or a family member have an interest, financial or otherwise.
  3. Deal with an application to the City for a grant, award, contract, permit or other benefit involving the member or a family member;
  4. Place themselves in a position where the member is under obligation to any person who might benefit from special consideration or favour or who might seek preferential treatment in any way;
  5. Benefit from the use of information acquired during the course of his or her official duties which is not generally available to the public; and
  6. Accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration.

c) An Advisory Committee, Sub-Committee, Task Force or Working Group member shall disclose immediately to the Clerk or Recording Secretary, any potential pecuniary interest.

d) Despite b) and c), the City acknowledges that certain advisory committees are intentionally comprised of citizens representing business interests, organizations, or specific sectors. Therefore, a member’s interest that arises as a result of this connection does not constitute a breach of b) or c).

e) Where a Member believes they have a conflict of interest in a particular matter, they shall:

f) Prior to any consideration, disclose their interest and the general nature thereof;

  1. Leave the room for the duration of time that the matter is being considered;
  2. Not take part in the discussion of, or vote on, any question or recommendation in respect of the matter; and
  3. Not attempt in any way, whether before, during or after the meeting, to influence the voting on any such question or recommendation.
 Schedule D Complaint Protocol

1.0     Informal Complaint:

Any individual who identifies or witnesses behaviour or activity by a volunteer that appears to breach the Code of Conduct may pursue the following informal complaint process or proceed directly to filing a formal complaint as defined in section 2:

a) Advise the volunteer that the behaviour or activity appears to breach the Code of Conduct;

b) Encourage the volunteer to acknowledge and agree to stop the prohibited behaviour or activity and to avoid future occurrences of the prohibited behaviour or activity;

c) Document the incidents including dates, times, locations, other persons present, and any other relevant information;

d) Request the Chair of the body, Head of Council or designate to assist in informal discussion of the alleged complaint with the volunteer in an attempt to resolve the issue;

e) If applicable, confirm satisfaction with the response of the volunteer, or if applicable, advise the volunteer of dissatisfaction with the response; and

f) Consider the need to pursue the matter in accordance with the formal complaint procedure outlined in section 2.

2.0 Formal Complaint:

Any individual who identifies or witnesses behaviour or an activity by a volunteer that they believe is in contravention of the Code of Conduct may file a formal complaint in accordance with the following:

a) All formal complaints shall be made in writing either by using Form 1, or by providing all of the information requested therein, originally signed and filed with the Clerk.  All complaints filed with the Clerk will be forwarded directly to the Integrity Commissioner.

b) The complaint must set out reasonable and probable grounds for the allegation that the volunteer has contravened the Code of Conduct.

c) The identity of the complainant shall be protected.

d) The Integrity Commissioner shall follow a process similar to that depicted in diagram 1 for all complaints received.

e) If a report is warranted by the Integrity Commissioner, the Integrity Commissioner and/or the Clerk will protect any personal information about the complainant.

f) Council will review the report of the Integrity Commissioner in closed session due to personal matters about an identifiable individual being the complainant.

Determination of any reprimand will be completed in open session. Council will report out in open session and Council will state its reasons for the decision. If Council decides there was a breach in the code of conduct, Council will decide if there will be a penalty. 

 

Community Safety Zone - 1999-78*

En anglais seulement

Un règlement pour établir les zones de sécurité sous le Code de la route.

Télécharger le règlement 1999-78

Discharge of firearms - 2007-02*

En anglais seulement

Being a by-law of the City of Clarence-Rockland regulating the discharge of firearms.

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

And whereas the council of the Corporation of the City of Clarence-Rockland deems it necessary and desirable to pass a by-law to prohibit and regulate the discharge of firearms within the limits of the city for the purpose of public safety;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

1.         in this by-law:

“Chief of Police” means the Chief of Police of the City of Clarence-Rockland or authorized representatives;

“City of Clarence-Rockland” means the municipal corporation known as the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland, as the context requires;

“Firearm” means any class or type of gun or other firearm including a shotgun, rifle, air-gun, spring-gun, and any class of bows or cross-bows;

“Farmer” means a person whose occupation is farming on land that he or she is entitled to occupy, and,

  1. who has livestock or poultry on the land,
  2. who is tilling or cultivating the land for crops, or
  3. who is engaging in arboriculture or horticulture for commercial purposes;

“Highway” means a common and public highway, street, avenue, parkway, driveway, square, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

“Navigable Water” means navigable water pursuant to the Navigable Waters Protection Act, R.S.C. 1985, Chap. N-22;

“Peace Officer” means,

  1. a police officer as defined in the Police Services Act, R.S.O. 1990, Chap. P.15, as amended;
  2. conservation officer appointed to enforce the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chap. 41, as amended;
  3. a municipal law enforcement officer appointed pursuant to section 15 of the Police Services Act to enforce the by-laws of the city;
  4. a peace officer as defined in the Criminal Code;
  5. a member of the Royal Canadian Mounted Police Force.

Interpretation

2.  (1) This by-law includes the schedules annexed hereto and the schedules are hereby declared to form part of this by-law.

     (2) It is declared that if any section, subsection or part or parts thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Regulations

Discharge of Firearms

3.  (1) No person shall discharge a firearm in any area that is shown as a shaded area on any of the map attached as schedules “a”.

     (2) No person shall discharge a firearm in the larose forest area that is shown as hatched area on the map attached as schedule “b” to this by-law. (amended by by-law 2012-62)

4.   (1) In the areas that are not shaded on any of the maps attached as schedules “a” inclusive or that are not navigable water as described in subsection 3(1), no person shall discharge a firearm,

  1. on, over or across any highway or portion thereof;
  2. on, over or across any public land within the City of Clarence-Rockland including parks, conservation areas, property owned by the City of Clarence-Rockland, school property, recreational areas, but not including,

i)         an unopened road allowance,

                        c. within 150 meters of any place of worship, public hall or school property;

                        d. on land on a registered plan of subdivision once an application for a building permit                                has been received by the City of Clarence-Rockland;

                        e. within 150 meters of land on a registered plan of subdivision once an application for a building permit has been received by the City of Clarence-Rockland.

Exemptions

5. Despite sections 3 and 4, this by-law shall not restrict or regulate the discharge of firearms by the following:

  1. A peace officer in the performance of his or her duty;
  2. A person appointed as a municipal law enforcement officer or as an agent for the City of Clarence-Rockland or for a provincial or federal government agency for the purpose of destroying sick, injured or vicious animals in the performance of this stated duty;
  3. A farmer or his or her agent, in order to destroy livestock in connection with  farming practices, to scare or destroy animals that are found in the act of killing or injuring livestock or poultry and wildlife destroying his or her property in accordance with the Migratory Birds Convention Act, 1994, chap. 22 and the Fish and Wildlife Conservation Act, 1997, s.o. 1997, chap. 41, as amended,
  4. Members of a bona fide gun club, riffle range, or skeet club in a specific area, zoned for the purpose and, where applicable, only with the prior approval of the firearms office, Ontario Ministry of public safety and security;
  5. Members of a bona fide archery club in a specific area, zoned for the purpose and, where applicable, in accordance with the rules and regulations of the Ontario Archery Association;
  6. A facility operated by or for a municipal, provincial or federal police force;
  7. A person firing blank ammunition for or in connection with lawful use in a motion picture, television, stage productions and historical displays or educational programs of a public museum;
  8. A person firing blank ammunition for animal training purposes or for the purpose of starting or controlling a sporting even of a similar nature to foot racing, sailing or golf;
  9. A person discharging any class of bow or cross bow for target practice provided that such activity is authorized in writing by the school principal.

Offences and Penalties

7. Any person who contravenes any of the provisions of this by-law is guilty of an offence.

8. Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990 chap. p.33, as amended.

Prohibition Order

9. When a person has been convicted of an offence under this by-law:

  1. the Ontario court of justice; or
  2. any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Administration & Enforcement

10. This by-law shall be enforced by the chief of police and the municipal by-law enforcement officers of the City of Clarence-Rockland.

Effective Date

11. This by-law shall come into effect on September 10th, 2007.

Read, done and passed in open council, this 10th day of September 2007.

Richard Lalonde, Mayor                                                       

Daniel Gatien, Clerk

Carte pour décharge des armes à feu

Carte pour décharge des armes à feu

Dogs - 2015-180 *

En anglais seulement

Whereas Sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25 and amendments thereto provides that every municipal Corporation may pass by-laws for the purpose of governing its affairs as it considers appropriate;

Whereas the Corporation of the City of Clarence-Rockland deems it appropriate to actualize the by-law for the licensing of dogs and the regulating of the keeping of dogs.

The Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definition

Certified medical dog 

Means a dog that has been certified by a reputable medical service dog trainer; (By-Law 2018-105)

Corporation

Means the Corporation of the City of Clarence- Rockland;

Dog

Means a male or female dog member of the species Canis familiaris.

Kennel

Means any building or structure which is used to maintain, board, breed, or train pure-bred dogs registered in the Canadian Kennel Club Incorporated or any other lawfully established kennel club.

Medical service dog

Means a dog that is required, as attested by a note from a medical doctor, by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal trainer to assist a person with a disability; (By-Law 2018-105)

Medical service dog in training

Means a dog that is being trained by or in consultation with a professional service animal trainer to assist a person with a disability; (By-Law 2018-105)

Municipal Law Enforcement Officer

Means a Peace Officer for the purpose of enforcing municipal by-laws.

Muzzled

Means to have securely affixed around the snout or the mouth and the nose of a dog a device commonly known as a muzzle manufactured by a recognized manufacturer of muzzles for dogs such that the dog when muzzled will be prevented from biting a person or animal;

Owner of a dog

 Includes any person who owns, possesses, harbours or has the care and control of a dog and the words "owns" and "owned" have a corresponding meaning, where the owner is a minor, the person responsible for the custody of the minor;

Person

Means an individual, a partnership, or a corporation, to whom or to which the context can apply;

Residential Zone

Means those areas designated as residential in the zoning by-laws of the Corporation of the City of Clarence- Rockland of the City of Clarence-Rockland;

Running at large

Means a dog not on its owner’s property, that is off leash and not under the control of a professional dog trainer or a handler of a certified medical service dog; (By-Law 2018-105)

Vicious dog

Means any dog which has bitten another domestic animal or person without provocation.

2.         Every owner of a dog shall annually, not later than March 31 of each year or within seven (7) days of becoming an owner of a dog, cause the dog to be licensed with the Corporation. If the last day of registration falls on a Saturday, Sunday, or a Holiday, the next working day shall be the last day of registration.

3.         All licences and tags issued pursuant to this by-law shall be serially numbered and a record of their issue shall be kept by the municipal law enforcement officer. Such record shall set out the name and address of the owner.

4.         At the time of registration, the owner\applicant shall be required to pay to the Corporation the required licence fee as established in current fee by- law.

4.1 – Notwithstanding section 4, medical service dogs shall be exempt of licensing fees. (By-Law 2018-105

5.         On payment of the licence fee for a dog, the owner shall be furnished with a dog tag from the Corporation which shall bear the serial number relating to the application, the name and address of the owner and the year in which the tag is valid.

6.         The owner of a dog shall: 

a)        keep the dog tag securely affixed on the dog for which it was issued at all times until renewed or replaced but the tag may be removed while the dog is being lawfully used for hunting in the bush; and

b)         not use the tag upon a dog other than the one for which it was issued.

7.        The set fee for the replacement of lost dog tags shall be that set out as established in current fee by-law.

8.        Every person operating a kennel shall annually and not later than March 31 in each year obtain a licence from the Corporation to operate a kennel and shall pay the licence fee as established in current fee by-law,

9.          Every licence for a dog issued hereunder is personal to the owner thereof and may not be transferred.

10.      No person shall keep or allow to be kept in a residential zone of the Corporation more than three (3) dogs.

10.1 – Notwithstanding section 10, the number of medical service dogs shall not be calculated within the set limit; and the number of medical service dogs in training shall be set at a maximum of 5. (By-Law 2018-105)

11.      a)   No person shall permit a dog owned by him or under his care and control to run at large within the limits of the Corporation.

b)    For the purposes of this section, a dog shall be deemed to be running at large when found elsewhere than on the property of the owner and not under the control of a competent and responsible person and is not on a leash securely attached to the owner and having a length of less than 2.4 metres (8 feet).

12.        a)  Any dog found to be running at large may be seized and impounded by the municipal law enforcement officer or any person acting under his or her authority;

b)         The municipal law enforcement officer or any person acting under his or her authority may kill any dog found running at large if:

  • he\she reasonably believes that the dog is likely to cause imminent harm to any person or animal; or
  •  the dog is injured or should be destroyed without delay for humane reasons;
  • and no damage or compensation shall be recovered on the account of such disposition.

13.      Any dog seized pursuant to section 12 a) of this by-law, shall be taken to the municipal pound. Whether the dog is claimed or not, the owner shall be liable for the pound and maintenance fee prescribed, and shall pay all fees on demand by the Municipal Law Enforcement Officer.

  • Where, at the end of the said three (3) days, possession of the dog has not been restored to the owner, the Municipal Law Enforcement Officer may destroy the dog in a humane manner.
  • The Municipal Law Enforcement Officer may sell the dog for such price as established in current fee by-law, and no damages or compensation shall be recovered on account of its killing or other disposition.

14.      A release form can be obtained by the owner upon payment of the fee established in current fee by-law. However if the dog does not have a valid and subsisting licence, the owner shall be required to pay in addition to the release fee, the licence fee as established in current fee by-law.

15.      The owner of a vicious dog shall at all time, when it is not in the owner's dwelling but otherwise within the boundaries of the owner's lands, be secured in the following manners:

a)             the dog shall be muzzled so as to prevent it from biting a person or animal.

16.      The owner of a vicious dog shall at all times when the dog is outside the boundaries of the owner's lands keep the dog muzzled so as to prevent it from biting a person or animal and securely leashed to the owner of the dog.

17.      a)    Every owner of a dog shall remove forthwith and dispose of any excrement left by the dog on any property located in the corporation.

b)      The provision of Subsection 17 a) of this by-law does not apply to a blind person accompanied by a dog used as a guide or lead dog.

18.      No person shall obstruct, interfere or hinder the Municipal Law Enforcement Officer or any person acting under his\her authority in the lawful performance of his\her duties.

19.      Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and amendments thereto.

20.      Where any provision of this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court

of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted.

21.      It is declared that if any section, subsection or part(s) thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part(s) shall be deemed to be separate and independent and enacted as such.

22.      By-law 1998-04, 2002-21, 2011-211 and amendments are hereby repealed.

23.      This by-law shall come into effect upon its adoption.

Read, done and passed in open Council this 21st day of December 2015

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Enseignes - 2015-160 *

Un règlement concernant les enseignes permanentes, enseignes temporaires et panneaux d'affichage dans la Cité de Clarence-Rockland.

Télécharger le règlement 2015-160

Exotic animals - 2003-25 *

Being a by-law to prohibit and regulate the keeping of certain exotic animals in accordance with section 11 of the Municipal Act, s.o. 2001, chapter 25, as amended.

Whereas the Council of the city of Clarence-Rockland deems it necessary and expedient to prohibit and regulate certain exotic animals for the purpose related to the health, safety and well being of the inhabitants of the municipality;

And whereas municipalities that pass by-laws to regulate and prohibit the being at large or trespassing of animals, may also provide for the seizure and impoundment of such animal;

Therefore the council of the city of Clarence-Rockland enacts as follows:

Definitions

  1. In this by-law,

(a)  “Animal” means a mammal, bird, reptile, amphibian, fish or insect but does not include a human being.

(b)  “City” means the corporation of the City of Clarence-Rockland.

(c)  “Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing city by-laws, as set out in the police services act, as amended.

(d)  “Owner” includes a lessee and occupant of the land;

(e)  “Person” includes a corporation and the heirs, executors, administrators or legal representatives of a person.

General Provisions

2. No person shall own, harbour, possess, sell or offer for sale any animal listed below as a pet or for any other purpose:

(a)   all non-human primates (such as gorillas and monkeys);

(b)   all felids (including but not limited to lions, cougars, tigers, leopards, cheetahs but not including the domestic cat);

(c)   all canids (including but not limited to jackals, wolves and foxes but not including the domestic dog);

(d)   all mustelids (including but not limited to minks, polecats, skunks, weasels, otters, badgers, etc., but not including the domestic ferret);

(e)   all marsupials (including but not limited to kangaroos and opossums);

(f)    all bats, eagles, hawks, owls and falcons;

(g)   all ursine (bear);

(h)   all hyaenas;

(i)    all snapping turtles;

(j)    all elephants;

(k)   all snakes which reach an adult length larger than three (3) metres;

(l)    all poisonous or venomous snakes (including but not limited to cobras and rattlesnakes);

(m) all the following boidaes:

     (i)            green anaconda;

     (ii)          yellow anaconda;

     (iii)        reticulated python;

     (iv)        african rock python;

     (v)          burmese python;

     (vi)        indian python;

     (vii)      amethyst python.

(n)   all song birds in the family paradisaeidae (including but not limited to birds of paradise);

(o)   all poisonous or venomous arachnids (including but not limited to spiders);

(p)   all lizards which reach an adult length larger than two (2) metres;

(q)   all poisonous or venomous lizards;

(r)    all crocodilians (including but not limited to alligators and crocodiles);

(s)   all endangered species as defined by the canadian wildlife service and all species of animal whose ownership is already prohibited by existing federal and provincial legislation;

(t)    all perissodactyls (including but not limited to horses, asses, donkeys, zebras, mules and ponies);

(u)   all bovines (including but not limited to cattle, goats, sheep, swine, pigs and cows).

Exemptions Provisions

3. Notwithstanding section 2, the prohibition shall not apply to:

(v)   any animal living in a zoo;

(w)  circuses or other like shows and parades;

(x)   premises operated by the Ontario society for the prevention of cruelty to animals;

(y)   a veterinary hospital under the control of a licensed veterinarian;

(z)   anyone holding a licence under any statute of the legislature of Ontario or the government of Canada, which permits the keeping of animals under stated conditions;

     (aa)   any animal being displayed or exhibited for a set period of time in the city at a sanctioned event which is operated in accordance with all by-laws of the city;

     (bb)  the premises of an institution of education where such animals are being kept for research, study or teaching purposes, or on premises registered as research facilities under the animal for research act.

4. Section 2 shall not apply to prevent the owners keeping a snake larger than three (3) metres and lizards larger than two (2) metres if such animal was owned and kept as a pet prior to the adoption of this by-law.  these owners are required however to register their animal within a month after the passing of this by-law.

5. Section 2, subsections (t) and (u) shall not apply to any land designated under the zoning by-law of the city for agricultural use or for the keeping of livestock. (as amended 2003-78)

6. Notwithstanding the provisions of section 3, no person shall, on public property, walk with or ride on any animal listed in section 2.

7. Every person and pet shop owner who owns a snake or lizard must register his/her animal with the city.  no fee will be charged for the registration of such animal.

8. Pet shop owners must submit to the city each month an inventory list of all snakes and lizards purchased and sold including the purchaser(s’) name and address.

9. No person shall keep more than six (6) guinea pigs in any residential dwelling unit within the city and no more than two (2) such guinea pigs shall be adults.

10. No person shall keep more than six (6) rodents in any residential dwelling unit within the city.

11. No person shall keep more than two (2) rabbits in a fenced cage outside a residential unit or dwelling.

12. All enclosures for the animals listed in sections 9, 10 and 11 shall be kept clean and sanitary and all excrements shall be sanitarily disposed.

Enforcement Provisions

13. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and liable to any penalty as provided in the provincial offences act, as amended.

14. The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

15. A municipal law enforcement officer designated to perform inspections pursuant to this by-law may, at all reasonable times, enter onto land for the purpose of an inspection to ascertain compliance of the provisions of this by-law.

Repeal - Enactment

16.       That by-law number 1984-15 and its amendments are hereby repealed.

17.       This by-law shall come into force on the date it is passed by the council of the corporation of the city of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 10th day of June, 2003                         

Jean Pierre Pierre, Mayor                                                                                                    

Yvon Forget, Clerk

Feux à ciel ouvert - 2017-92

Whereas Council of the Corporation of the City of Clarence-Rockland is empowered under section 7.1(1) (a) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, to pass by-laws regulating fire prevention, including the prevention of the spreading of fires; 

And whereas Council is empowered under section 7.1(1) (b) of the Fire Protection and Prevention Act, to pass by-laws regulating the setting of open air fires, including establishing the times during which open air fires may be set;

And whereas Council is empowered under section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, to pass by-laws to prohibit and regulate public nuisances, including matters that, in the opinion of Council, are, or could become or cause public nuisances;

Therefore the Council of the City of Clarence-Rockland enacts as follows:

Definition

Applicant

Means the person making an application for a permit under this by-law;

Barbeque

Means a portable or fixed device designed and intended solely for the cooking of food in the open air, including a wood burning barbeque, or a smoker, but does not include burn barrels, fire pits, outdoor fireplaces or campfires;

Burn Barrel

Means a ‘clean’ (not chemically contaminated), non-combustible, enclosed container barrel, intended to hold a small fire for burning wood and small branches, the size of which does not exceed 76cm in diameter (30in) and 88cm in height (35in);

Campfire

Means an open air fire where the size of burn area (containing all burning and burnt materials) does not exceed 76cm (30 in) in width/diameter and 60cm (24 in) in height, is not covered by a spark arresting cover, and that is set and maintained solely for the purposes of cooking food, providing warmth and recreational enjoyment;

Compost material

Means waste material of Type III, as defined in the City of Clarence-Rockland Waste Management By-Law, as amended from time to time;

Corporation

Means the Corporation of the City of Clarence-Rockland;

Fire Ban

Means a ban put in place by the Fire Chief or designate to prohibit setting or maintaining of open air fires (including campfires), but does not include burn barrels, wood burning barbeques, fire pits, or outdoor fireplaces, provided they are constantly monitored;

Fire Chief

Means a person appointed by the Council of the City of Clarence-Rockland to carry out the duties and responsibilities of fire prevention and any person who has been designated to administer and enforce this By-law;

Fire Department

Means the Fire Department for the Corporation of the City of Clarence-Rockland;

Fire Pit

Means a constructed fire pit (e.g. a circular pit such as a rim), where the burning section is not more than 75cm (29.5 in) in diameter which is set and maintained solely for the purposes of cooking food, providing warmth and recreational enjoyment;

Highway

Includes a common and public highway, a main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transportation and  includes the area between the lateral property lines thereof;

Land Clearing materials

Means trees, roots, stumps and dirt resulting from the clearing of lands covering an area of 0.5 hectare (1.2 acres) or more;

Maintain

Means to allow a fire, including an open air fire, to continue to burn and “maintained” and “maintaining” have the corresponding meaning;

Municipal Law Enforcement Officer

Means an officer appointed to enforce the provisions of City By-Laws by virtue of Section 15 of the Police Services Act, R.S.O. 1990, Chapter P.15, as amended;

Open air fire

Means the burning of material such as wood, tree limbs and branches in a burn pile no bigger than 5m (15ft) in width/diameter, and no more than 3m (10ft) in height, where the flame is not wholly contained and/or there is no spark arrester in place and includes campfires, but does not include fire pits, outdoor fireplaces, burn barrels or barbecues;

Outdoor fireplace

Means a manufactured, non-combustible, enclosed container designed to hold a small fire for decorative purposes and the size of which does not exceed 76cm (30in) in any direction and includes, but is not limited to a chimnea;

Permit

Means a burning permit issued under this by-law which grants a privilege to set an open air fire (including a campfire) or use a burn barrel, fire pit, or an outdoor fireplace;

Permit Holder

Means the person to whom a burning permit is issued;

Set

Means to light a fire, including an open air fire, and “setting” has the corresponding meaning;

Total Fire Ban

Means a ban put in place by the Fire Chief or designate which shall prohibit the setting or maintaining of any type of fire, including open air fires, burn barrels, wood burning barbeques, fire pits, and outdoor fireplaces;

Urban Area

Means the area contained in the urban area of Clarence-Rockland, as set out in Schedule “A” of this Bylaw;

Waterbody

Means a natural bay, lake, watercourse or canal other than a drainage or irrigation channel;

Woodlands

Means land as specified in accordance  with the Forestry Act, R.S.O. 1990 C.F.26.

General interpretation

No person shall set or maintain a fire of any kind, including an open air fire, a burn barrel, a fire pit or an outdoor fireplace, without having obtained a permit issued by the Fire Chief or their designate.

  1. The Fire Chief or their designate is hereby responsible and authorized to:

(a)    issue permits as provided in this by-law;

(b)    sign all permits on behalf of the Corporation;

(c)    limit the time for which a permit is issued for open air fires to a maximum of one calendar year;

(d)    undertake any investigation or inspection for the purpose of administering this by-law; and

(e)    advise the applicant of any additional precaution(s) to be taken in order to keep the fire under control at all times.

2. The permit referred to in this by-law is to grant, to an applicant, the permission to set a fire as outlined in the permit.

3. The Fire Chief or their designate shall evaluate an application for a permit under this By-law and may require that the applicant provide a bond or other security sufficient to cover the cost of extinguishing such fire.

4. The Fire Chief or their designate shall report to a Municipal Law Enforcement Officer any breach of the law by any person.

5. The Fire Chief or the Municipal Law Enforcement Officer may:

(a)    demand that a permit issued under this bylaw be produced for inspection from any permit holder;

(b)    inspect any premises for which a permit has been applied for, or issued under this bylaw; or

(c)    enter, at all reasonable times, upon any property in order to ascertain whether the provisions of this by-law are obeyed and to enforce or carry into effect this by-law.

General requirements

  1. A burn barrel shall:

(a)     be in good condition; and

(b)    be equipped with, and may only be used with a spark arresting heavy metal screen which completely covers the top of the barrel (the burning area); and

  • all burning/burnt material with openings no bigger than 1.3cm (0.5 in) designed to stop sparks and embers from leaving the burn area; and
  • ventilation holes in the side of the burn barrel shall not be larger than 1.3cm (0.5 in), or shall be covered in a spark arresting mesh;

(c)     sit on and be ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(d)    be a minimum of 5m (15 ft) from any property line, building, deck, porch, tree, shrub, etc (including the 5m (15 ft) diameter in the airspace above the burn barrel).

For further clarity, should a burn barrel be used without the screen mesh, it would be considered an open air fire and would need to comply with permits and other requirements for such a fire.

2. A campfire shall:

(a)    be contained within an area established for such purpose; and

(b)    be set on and be ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(c)     be at a minimum of 5m (15 ft) from any property line, building, deck, porch, tree, shrub, etc (including the 5m (15 ft) diameter in the airspace above the campfire).

3. A fire pit shall:

(a)    be equipped and used with a spark arresting heavy metal screen which completely covers the burning area and all burning/burnt material with openings no bigger than 1.3cm (0.5 in) designed to stop sparks and embers from leaving the burn area; and

(b)    be resting on/in and ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(c)     be at a minimum of 3m (10ft) from any property line, building, deck, porch, tree, shrub, etc (including the 3m (10ft) diameter in the airspace above the fire pit).

4. An open air fire (excluding a campfire) shall be a minimum of 10m (30ft) from any property line, building, deck, tree, shrub, etc (including the 3m (10ft) diameter in the airspace above the open air fire).

5. An outdoor fireplace shall:

(a)    be equipped and used with a spark arresting heavy metal screen which completely covers the burning area and all burning/burnt material with openings no bigger than 1.3cm (0.5 in) designed to stop sparks and embers from leaving the burn area; and

(b)    be set on and ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(c)     be at a minimum of 3m (10ft) from any property line, building, deck, porch, tree, shrub, etc (including the 3m (10ft) diameter in the airspace above the outdoor fireplace).

General prohibitions

1. No person shall set or maintain a fire, including an open air fire, between dusk and dawn except for a burn barrel, barbeque, campfire, fire pit and an outdoor fireplace.

2. No person shall set or maintain a fire, including an open air fire for the purpose of burning compost or toxic material.

3. No person shall set or maintain a fire of any kind unless it is competently supervised at all times.

4. No person shall place into a fire, or otherwise allow the burning of compost, plastic, rubber or other toxic materials.

5.No person shall set or maintain a fire, including an open air fire for the purpose of burning leaves, grass, hay, or any other debris from land clearing activities.

6. No person shall set or maintain a fire in the open air so as to cause nuisance smoke to neighboring properties or highways.

7. No person shall set or maintain an open air fire which includes a camp fire, when a fire ban on open air fires has been issued by the Fire Chief.

8. No person shall set or maintain a fire of any kind, including wood burning barbeques, burn barrels, fire pits, outdoor fireplaces or any other type of open air fire when a total fire ban has been issud by the Fire Chief. 

Restricted areas

1. No person shall set or maintain an open air fire which includes a campfire or set a fire in a burn barrel within the limits of an urban area as set out in schedule “A” of this By-law, except for a propane or natural gas outdoor fire place approved and bearing the Canadian Safety Association or Underwriters Laboratories of Canada marking, or a fire for which a special permit is issued under this by-law;

Section 21 shall not apply to properties or lots abutting a waterbody.

2. No person shall:

(a)    set or maintain a fire in a fire pit or outdoor fireplace within 30m (100ft) from woodlands; or

(b)    set or maintain a fire in a burn barrel, an open air fire, or any other fire within 100m (300ft) from woodlands.

Nothwithstanding this section, if the ground is completely snow covered, the distances referred to in this section shall be reduced to 15m (50ft) from woodlands.

Exemption – permit not required

3. No permit shall be required for the following:

(a)        the use of a barbecue as defined, for the sole purpose of cooking food, provided the barbeque is supervised at all times while lit and is placed a minimum of 1m (3ft) from any structure (excluding a deck or porch);

(b)       the use of an outdoor propane or natural gas fireplace, approved and bearing the Canadian Safety Association or Underwriters Laboratories of Canada marking and be located a minimum of 1m (3ft) from any any property line, building, deck, porch, tree, shrub, etc.;

(c)        for training and educational purposes conducted by the City’s fire department; and

(d)       for fires related to City municipal operations.

Obstruction

1. No person shall obstruct, hinder or interfere with the Fire Chief or a Municipal Law Enforcement Officer in the lawful performance of their duties.

2. No permit holder shall:

(a) fail or refuse to produce the permit upon demand; or

(b) use the permit to burn material other than the item for which the permit was issued.

3. If any person or permit holder contravenes any provisions of this by-law, the Fire Department may enter upon any land to extinguish the fire.  The Corporation may recover expenses for extinguishing such fire in conformance with the current municipal User Fee bylaw, as amended.

Applications

1. No person shall be deemed to have been issued a permit until the Fire Chief has issued the permit.

2. Every permit issued under this by-law shall remain the property of the City and such permit is not transferable to any other person or property.

3. No person shall give false or incorrect information for the purpose of obtaining a permit.

4. The onus of procuring a permit shall be that of the person requiring a permit.

Conditions for issuance of a permit

1. A fire permit shall be issued when the Fire Chief is satisfied of the following:

(a)       That the fire will be controlled by the permit holder at all times;

(b)       That the proposed fire complies with the requirements set out in this by-law;

(c)        That firefighting equipment to control fire, such as a rake, shovel or water is immediately available on site;

(d)       That the burning material will not cause excessive smoke or fumes; and

(e)       That the applicant has duly paid the permit fee as prescribed in the current City of Clarence-Rockland’s User Fee By-law.

2. A special permit may be issued for proposed fires that may deviate from the requirements of this by-law, for a specific date or a determined period, if the Fire Chief is satisfied of the following:

(a)     That the applicant possesses a valid Fire Permit;;

(b)    That an inspection of the proposed location and circumstance of the fire reveals that the proposed fire will not cause any undue fire hazard;

(c)     That appropriate restrictions have been imposed as a condition to the permit, including but not limited to, time of day, size of fire area, requirements for fire control, as may be warranted in order to reduce any potential fire risk;

(d)    That the applicant who has applied for more than three (3) special permits in the current calendar year, has duly paid a special inspection fee as prescribed in the current City of Clarence-Rockland’s User Fee By-law.

3. A permanent fire permit for a fire pit or outdoor fireplace may be issued if the Fire Chief is satisfied of the following:

(a)     That the applicant has duly paid a special inspection fee as prescribed in the current City of Clarence-Rockland’s User Fee By-law;

(b)    That the inspection of the property provides that all requirements under this by-law are met and will continue to be met for the duration of the permit.

A permanent fire permit, as issued, shall remain with the permit holder and shall not be transferable to a new owner or tenant of the affected property.

4. Every permit holder shall contact the Ottawa Fire Service open air permit line (613-580-2880) before setting an open air fire, and must follow the instructions provided.

5. Every permit holder shall consent to having their contact phone numbers entered into a mass notification system maintained by the City for the purpose of advising permit holders of fire bans, and/or total fire bans. It shall remain the responsibility of the permit holder to be aware at all times as to whether a fire ban is in place prior to setting a fire of any kind.

6. The applicant shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, losses, costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from a fire, including open air fires as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.

Suspension / revocation

1. The Fire Chief may, by notice, suspend any burning at any given time due to adverse weather condition that may increase fire hazards.

2. The Municipal Law Enforcement Officer or the Fire Chief or their designate may revoke or suspend any or each of the permits issued to any person for cause and without limiting the generality of the foregoing for:

(a)    a breach of the law; or

(b)    any violation of the provisions of this by-law.

3. The provisions of Section 36 may be exercised in addition to any prosecution or other legal action.

Severability

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

Penalties

Any person who contravenes any provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990,  Chapter P.33 and amendments thereto.

1. In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

2. Any person who contravenes any provisions of this bylaw may be subject to additional fees as set out in the current municipal User Fee bylaw, as amended

By-law repealed

By-law Number 2016-139 and any amendments made hereto are hereby repealed.

This By-law shall take effect on the day it is enacted. 

Read, done and passed in open Council, this 9th day of August, 2017

Guy Desjardins, Mayor                          

Monique Ouellet, Clerk

Fire Routes - 2008-74 *

En anglais seulement

Whereas section 100 of the Municipal Act, 2001, Chap. c.25, provides that a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition;

And whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient to enact such a by-law designating fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked or left along any fire route so designated at the expense of the owner thereof;

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

Building or Structure

Means a building or structure situated in the City of Clarence-Rockland.

Municipal Law Enforcement Officer

Means a Peace Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Chief Building Official

Means the Chief Building Official who is appointed under Section 3(1) of the Ontario Building Code Act, responsible to enforce the Ontario Building Code or his authorized subordinates or assistants.

Engineer

Means the engineer for the City of Clarence-Rockland or his authorized subordinates or assistants.

Council

Means the Council of the Corporation of the City of Clarence-Rockland

Corporation

Means the Corporation of the City of Clarence-Rockland.

Fire Chief

Means a person appointed by council as the Chief of the Fire Department of the Corporation of the City of Clarence-Rockland or his authorized subordinates or assistants.

Fire Department

Means the Fire Department of the Corporation of the City of Clarence-Rockland.

Fire Route

Means any private access, route, road, way, lane, ramp, or other means of vehicular access to or egress from a building and it may include part of a parking lot that has been set aside for use by emergency vehicles.

Motor Vehicle

Includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, and amendments thereto.

Municipal Law Enforcement Officer

Means a Peace Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Municipal Clerk

Means the Municipal Clerk for the Corporation of the City of Clarence-Rockland or his authorized subordinates or assistants.

Owner of a building or structure

Means any person, firm or corporation controlling the property under consideration as designated in the Ontario Building Code Act, S.O. 1997. and amendments thereto.

Park or Parking

When prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

Sign, authorized

Means any sign or roadway, curb or sidewalk marking or other device placed or erected on a fire route under the authority of this by-law for the purpose of regulating, warning or guiding traffic or parking.

General provisions

a) Those fire routes listed in Schedule “A” to this By-law are hereby designated as fire routes.

Existing building or structures

a) Where a building or structure is in existence at the time of enactment of this by-law, the owner may apply, or on the written order of the Fire Chief, shall apply for approval of the designation of the required fire route, by filing with the Fire Chief an application together with a plan showing the fire route.

b) The plan to be filed pursuant to Subsection (a) hereof shall show and not limited to:

  • the location of every building and structure on the site;
  • the location of all pedestrian walks, parking areas, parking isles and driveways on the site;
  • the location of all fire hydrants; and
  • the proposed location of the fire route; and
  • the proposed location of each sign as specified in Section 6 of this by-law

c) Where an owner is served with an order of the Fire Chief as provided in subsection (a) hereof, the plans required to be filed by subsection (a) hereof, shall be filed within two (2) months from the date of service of the order which shall be deemed to have taken place on the day following the date of mailing thereof by registered mail or on the date of personal service on the owner.

d) Notwithstanding any of the other provisions of this by-law, where in the opinion of the Fire Chief a fire route is not required to ensure adequate means of access for fire fighting equipment, he may issue a certificate exempting a designated lot or site from the requirements of this by-law and such certificate may be made valid for either a specified or an indeterminate term and may be revoked at any time at the discretion of the Fire Chief.

e) Subject to subsection (f) hereof, every owner shall ensure that the required fire route is constructed on his property and connected to a public highway in accordance with the plans approved and the specifications set forth in the Ontario Building Code, and all such construction shall be arranged by and be at the expense of the owner.

f) Where an owner has been served with an order of the Fire Chief as provided in Section 3. a) the owner shall ensure that the fire route is constructed within six (6) months from the day of service of the order of the Fire Chief.

g) Upon receipt of the certificate of a Professional Engineer and the as-built plan, or after inspection and approval by the Chief Building Official, the Fire Chief shall, if the said plan confirms that construction of the route has taken place in compliance with this by-law approve the fire route, and submit the necessary information to Council for action for formal designation by by-law of the fire route.

Sign requirements

a) Upon designation of the fire route, the Fire Chief is hereby authorized and directed to notify the owner that he is required to erect or cause to be erected, inspected and maintained such signs, markings or barricades as are required to give effect to this by-law and as are required to regulate and govern traffic and parking.  In the event that the owner shall fail to erect the required signs as directed, the Fire Chief shall cause such signs to be erected at the expense of the owner and for such purposes may enter upon the lands of the owner.

b) The fire route signs shall:

  • be twelve (12) inches in width, and eighteen (18) inches in height;
  • bear the symbol “no parking” or graphic representation of a fire truck with the words “Fire Route” in black letters with a height of not less than three quarters (3/4) of an inch on white background with a red circle and red interdictory stroke: and
  • be placed at intervals of not less than twenty-five (25) feet or (7.6) meters and not more than seventy-five (75) feet or (22.8) meters along the fire route; and
  • one at each limit of the fire route; and
  • as otherwise directed by the Fire Chief; and
  • suitably mounted and displayed by the owner as directed by the Fire Chief.

 Where a part of a parking lot has been designated a fire route, the section so designated shall be identified by white lines not less than four (4) inches in width painted on the lot surface surrounding the boundary of the section and shall have the words “Fire Route No Parking” painted in white on the lot surface at each end of the section and within the section at intervals not less frequently than every fifty (50) feet.

Maintenance

The owner shall maintain the fire route and all required signs at all times:

a) in good repair;

b) clear of snow and ice, and

c) free of blockage by any means.

Access control

a) Where an owner has provided a fire route for the sole purpose of a fire route, he may, with the prior approval of the Fire Chief, control the entry of vehicles to the said fire route by one of the following methods:

  • break-away spot-welded iron posts;
  • a chain between posts provided said chain contains not fewer than two pull-apart of breakable links;
  • wooden posts not less than fifteen (15) feet apart and connected by a wooden barrier colored yellow with diagonal black bars painted thereon;
  •  a sign indicating authorized vehicles only; and
  • no person shall drive a motor vehicle in a fire route when entry is prohibited or as per this section.

Exemption

a) Police, Fire and Municipal Law Enforcement vehicles are exempt from provisions of the by-law while engaged in the performance of their duties. 

Enforcement

a) The Municipal Law Enforcement Service is responsible for enforcing this By-law.

Liability

a) Any person erecting or maintaining any sign or sign structure shall be liable for such sign or sign structure. The City is not responsible for such sign or sign structure and is not responsible for any claim for damages, loss, expense or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure, or part thereof.

Offences and penalties

  • No person shall park or leave a vehicle in any area designated by a sign as a fire route.
  • Parking infraction notices may be issued by the Municipal Law Enforcement Officer alleging commission of a parking offence for contravention of the provisions of this by-law.
  • Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, and amendments thereto.
  • In addition to any other penalties provided by this by-law, upon discovery of such vehicle parked or left unattended in contravention of the provisions of this by-law, the Municipal Law Enforcement Officer may cause such vehicle to be moved or taken to and placed in another location and all costs and charges for the removal and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, and amendments thereto.

Prohibition order

When a person has been convicted of an offence under this by-law:

a) the Ontario Court of Justice, or

b) any court of competent jurisdiction thereafter,

may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the doing of an act or thing by the person convicted directed toward the continuation of the offence.

Severability

a)If a court of competent jurisdiction declares any provision or part of a provision of this by-law to be invalid or of no force and effect, it is the intention of the Council, in enacting this by-law, that each and every other lawful provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law.

By-law repealed

a)      By-law Number 2002-39 is hereby repealed.

By-law to take effect

a)      This by-law shall come into force and take effect on July 1st, 2008.

Read, done and passed in open council this 12th day of may 2008.

Richard Lalonde, Mayor                                                                   

Daniel Gatien, Clerk

Fireworks - 2007-45

En anglais seulement

Being a by-law to respecting the sale and the setting off of fireworks within the City of Clarence-Rockland.

Whereas the Municipal Act, S.O. 2001, Chapter C-25, Section 121, allows municipalities to prohibit and regulate the sale and setting of fireworks;

And whereas the council of the Corporation of the City of Clarence-Rockland deems it expedient to enact such by-law;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

1. in this by-law,

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

"City" or "City of Clarence-Rockland” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

"Consumer Firework" means an outdoor, low hazard, recreational firework that is classed as a subdivision 1 of division 2 of class 7 fireworks under the act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, roman candles, volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive used per cap;

"Discharge" means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off and the words "discharged" and "discharging" have a similar meaning;

"Display Firework" means an outdoor, high hazard, recreational firework that is classed as a subdivision 2 of division 2 of class 7 fireworks under the act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include firecrackers;

"Fire Chief" means the chief of Fire Services of the City or authorized subordinates;

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

"Fireworks" means display fireworks, pyrotechnic special effects fireworks and consumer fireworks;

"Fireworks Supervisor" means a person who is an approved purchaser of display fireworks and who is qualified under the act to supervise the discharge of display fireworks;

"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and the regulations enacted thereunder as amended from time to time or any act and regulations enacted in substitution therefor;

"Prohibited Firework" includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, m-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of prohibited fireworks as published from time to time under the act;

"Pyrotechnician" means a person who is certified under the act as a theatrical user, an assistant, a pyrotechnician or a special effects pyrotechnician and is qualified to purchase and supervise the display of pyrotechnic special effect fireworks under the act;

"Pyrotechnic Special Effect Firework" means a high hazard firework that is classed as a subdivision 5 of division 2 of class 7 firework under the act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels; and

"Sell" includes offer for sale, cause or permit to be sold and to possess for the purpose of sale and the words "selling" and "sold" have a similar meaning.

Interpretation

2. In this by-law:

Words importing the singular number only include more persons, parties or things of the same kind than one and the converse, and a word interpreted in the singular number has a corresponding meaning when used in the plural.

Sale of fireworks and firecrackers

3.   (1) No person shall sell any firecrackers.

      (2) No person shall sell any prohibited fireworks.

      (3) No person shall sell consumer fireworks except on the following days:  Victoria Day, St-Jean          Batiste Day, Canada Day and New Year’s Day and each of the seven business days immediately    preceding Victoria Day, St-Jean Batiste, Canada Day and New Year’s Day. 

      (4) Every person in charge of a store shall ensure that fireworks displayed in store    windows shall be mock samples only and not contain explosive composition.

Discharge of firecrackers and prohibited fireworks

4.  (1) No person shall discharge any firecrackers.

     (2) No person shall discharge any prohibited fireworks.

Consumer fireworks

5.  (1) No person shall discharge consumer fireworks except on the following days:

      a) Victoria Day, the day immediately preceding Victoria Day, the day immediately following Victoria             Day;

      b) St-Jean Batiste Day, the day immediately preceding St-Jean Batiste Day, the day immediately        following the St-Jean Batiste Day; and

      c) Canada Day, the day immediately preceding Canada Day, or the day                              immediately following Canada Day.

      d) New Year’s Day, the day immediately preceding New Year’s Day, or the day immediately following New Year’s Day.

     (2) A person eighteen (18) years of age or older may hold a display of consumer fireworks on any land belonging to him or her or on any other privately owned land where the owner thereof has given permission for such display or discharge of fireworks.

     (3) No person shall discharge any consumer fireworks in such a manner as might create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks.

     (4) No person shall discharge any consumer fireworks in or into any building, doorway, or automobile.

     (5) No person shall discharge any consumer fireworks in or on or into any highway, street, lane, square or other public place.

     (6) No person under the age of eighteen (18) years shall discharge any consumer fireworks except under the direct supervision of and control of a person eighteen years of age or over.

     (7) No person being the parent or guardian of any person under the age of eighteen (18) years shall allow the person to discharge any consumer fireworks except when such parent or guardian or some other responsible person of eighteen (18) years of age or over is in direct supervision and control.

Display Fireworks

6. No person or group of persons shall hold a display of display fireworks in the City of Clarence-Rockland without first having obtained a permit to do so issued by the Fire Chief.

7. Every application for a permit shall be made to the fire chief a minimum of 30 days prior to the event when the proposed discharge of display fireworks is to occur.

8. Every application for a permit shall include:

     a)  A description of the event including,

     i)   The date and time of the proposed discharge of display fireworks,

     ii)   The type and kind of display fireworks that may be discharged,

     iii)  The discharge techniques to be used,

     iv)  The manner and means of restraining unauthorized persons from attending too near the discharge site,

     v)  The manner in which unused display fireworks are to be disposed of, and

     vi) The number of persons authorized to handle and discharge the display       fireworks;

     b)  A site plan providing a description of the discharge site to be used for the discharging of the display fireworks;

     c)  A description of the fire emergency procedures;

     d)  The name and address of the applicant and the sponsoring organization, if applicable;

     e)  Proof of certification of the applicant as a fireworks supervisor;

     f)  Proof of the consent of the owner of the property to the discharge of display fireworks in writing;

     g)  A processing fee of $30.00;

     h)  Proof of insurance and indemnification in accordance with sections 10 and 11;                            and

      i) Such other information as required by the fire chief.

9.  An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:

     a) The application is incomplete,

     b) The applicant is not a fireworks supervisor,

     c)  The display is not being held under the auspices of an established club, association or group of persons,

     d)  The purpose of the display is not of civic, national or international significance,

or not of special significance for particular interest groups, or

     e)  There are reasonable grounds for belief that the holding of the display fireworks will result in a breach of this by-law or the act.

Insurance

10.  The applicant shall provide and maintain commercial general liability insurance subject to limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. such insurance shall be in the name of the applicant and shall name the City of Clarence-Rockland as an additional insured thereunder. such insurance shall include permission to conduct displays of pyrotechnic special effects fireworks or display fireworks. such insurance policy shall contain an endorsement to provide the City of Clarence-Rockland  with (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a certificate of insurance evidencing such insurance coverage shall be provided to the City of Clarence-Rockland  prior to the issuance of a permit.

Indemnification

11. The applicant shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, loss costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.

Conditions applying to permit

12. The fire chief may issue permits for displays of fireworks on the conditions set forth in section 13, and each such permit shall state the name of the sponsoring club, association or group, the purpose of the display, the place and date at which the same may be held, and the name of the person under whose supervision the display shall be held.

13. The following conditions shall apply to the holding of a display of display fireworks under a permit issued under this by-law:

     a) The permit is valid only for the display at the place and on the date or dates set        forth in the permit,

     b) The permit holder shall supervise the display of display fireworks,

     c) The permit holder shall discharge the display fireworks,

     d) Every permit holder shall provide and maintain fully operational, fire extinguishing equipment ready for immediate use, and

     e) The permit holder shall comply at all times with the provisions of the act, FPPA and the Display Fireworks Manual published by Natural Resources Canada or any successor publication.

14.  No permit holder shall discharge display fireworks except in accordance with the conditions of the permit.

15. The permit holder holding the display of display fireworks shall ensure that all unused fireworks and all debris are removed.

Pyrotechnic special effects fireworks

16.  (1) No person or group of persons shall hold a display of pyrotechnic special effect   fireworks in the City of Clarence-Rockland without first having obtained a permit to do so issued by the fire chief.

       (2) No person or group of persons shall discharge any pyrotechnic special effect   fireworks in the City of Clarence-Rockland, without first having obtained a permit issued by the fire chief authorizing the display of pyrotechnic special effect fireworks.

17.  Every application for a permit pursuant to section 16 shall be made to the fire chief a minimum of 30 days prior to the event where the proposed discharge of pyrotechnic special effect fireworks is to occur.

18.  Every application for a permit shall include:

     a) a description of the event including,

            i) a site plan of the facility and room capacity, the stage and the pyrotechnic special effect   fireworks storage area,

            ii) a list of all the pyrotechnic special effect fireworks to be employed,

            iii) location of all pyrotechnic special effect fireworks,

            iv) height, range of effect, fallout and duration of the display of pyrotechnic special effect fireworks,

            v)  sequence of firing,

            vi)  location of the audience and all exits, and

            vii) date and time of the proposed event using pyrotechnic special effect fireworks;

     b)  Description of fire emergency procedures;

     c)  Name and address of the applicant and the sponsoring business or organization, if applicable;

     d)  Proof of certification of the applicant as a pyrotechnician;

     e)  Proof of insurance and indemnification in accordance with sections 10 and 11;

     f)   Proof of consent of the owner of the property to the discharge of pyrotechnic special effect fireworks in writing if the applicant is not the owner of the property;

          a processing fee of $30.00; and

     g)  Such other information as required by the fire chief.

19. An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:

     a)  The application is incomplete,

     b)  The applicant is not a pyrotechnician under the act, or

     c)  There are reasonable grounds for belief that the holding of the display fireworks will result in a breach of this by-law, the FPPA or the act.

Conditions applying to permit

20. The fire chief may issue permits for displays of pyrotechnic special effect fireworks on the conditions set forth in section 21 and each such permit shall state the name of the sponsoring business, club, association or group, the purpose of the display, the place and date at which the display may be held, and the name of the pyrotechnician under whose supervision the same shall be held.

21. The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under a permit issued under this by-law:

     a)  The permit is valid only for the display at the place and on the date or dates set forth in the permit,

     b)  The permit holder shall supervise the display of pyrotechnic special effect fireworks,

     c)  The permit holder shall discharge the pyrotechnic special effects fireworks,

     d)  The permit holder shall provide and maintain fully operational, fire extinguishing equipment ready for immediate use, and

     e)  The permit holder shall comply at all times with the requirements of the act, FPPA and the  Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.

22. No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.

23. The permit holder holding the display of pyrotechnic special effect fireworks shall ensure that all unused fireworks and all debris are removed.

General requirement

24. Every holder of a display fireworks or pyrotechnic special effect fireworks permit shall produce his or her permit upon being so directed by the fire chief.

Offences and penalties

25.  (1) Every person who contravenes any of the provisions of this by-law is guilty of an offence.

       (2) Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offenses Act, R.S.O. 1990, Chapter P.33.

Severability

26.  If any section or sections of this by-law or parts thereof are found in any court of law to

      be illegal or beyond the power of council to enact, such section or sections or parts

      thereof shall be deemed to be severable and all other sections or parts of this by-law shall

      be deemed to be separate and independent there from and to be enacted as such.

Effective date

27. This by-law shall come into effect on the 9th day of April, 2007.

Read, done and passed in open council, this 9th day of April, 2007.

Richard Lalonde, Mayor                                                       

Daniel Gatien, Clerk

Garage sale - 2001-23

En anglais seulement

Whereas Under The Provisions Of The Municipal Act, R.S.O. 1990, chapter m-45,  section 257.2(1),  and amendments thereto, the council of a municipality may pass by-laws with respect to  licensing and regulating of any business carried on within the municipality;

And whereas council deems it necessary to adopt such a by-law.

It is therefore hereby enacted as follows:

Definitions

  1. (a) “business” means a trade, business or occupation and includes the sale or hire of goods or services on an intermittent or one-time basis, the showing for the purpose of sale or hire of samples, patterns or specimens of any goods and shall include exhibitions held for hire and gain;

     (b) “municipal law enforcement officer” means a municipal law enforcement officer appointed under section 15 of the Police Services Act to enforce by-laws;

     (c) “property” means any private or public land including yards or vacant lots 

     (d) “special sale” means any sale or intended sale at retail that represents, holds out or advertises that any goods, wares or merchandise are to be disposed of in a manner that is not in the ordinary course of retail business commonly known as but limited to  “garage sales” or “yard sales”.

All other definitions will be as provided for in the applicable Zoning By-Law.

General Provisions

1. No person shall conduct or operate a special sale within the limits of the City of Clarence-Rockland without first obtaining a licence from  a municipal law enforcement officer of the City of Clarence-Rockland.

2. The licence may be issued to the owners and/or tenants occupying the property on a full-time basis within the limits of the City of Clarence-Rockland upon completion of the necessary form.

3. Special sales shall be permitted for a maximum period of four (4) days per year per property, unless otherwise permitted by the council of the Corporation of the City of Clarence-Rockland.  

4. The permit shall be free of charge.

5. Every permit shall be personal to the permit holder and shall not be transferable.

6. A special sale shall be deemed to be a business for purposes of the Municipal Act and any other act that contains provisions with respect to the licensing, revoking of a licence, regulating, governing, prohibiting or limiting of any business or the person carrying on or engaged in it.

7. The municipal law enforcement officer of the City of Clarence-Rockland shall be responsible for the administration and the enforcement of the provisions of this by-law.

Penalties

1. Every person who contravenes the provisions of this by-law is guilty of an offence and is liable, upon conviction, to a fine as provided for under the Provincial Offences Act, R.S.O. 1990, chapter 33, and amendments thereto.

2. In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

Severability

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

By-law repealed

By-law number 1997-043 of the former Town of Rockland is hereby repealed.

By-law to take effect

This by-law shall take force on the day it is adopted by Council of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 10th day of April, 2001.

Jean Pierre Pierre, Mayor                

Daniel Gatien, Clerk

Gestion des déchets – 1998-57

Bilingue

Un règlement concernant la gestion, la collecte, l'enlèvement et l'enfouissement des déchets dans la Cité de Clarence-Rockland.

Télécharger le règlement 1998-57

Graffitis - By-Law 2012-60

En anglais seulement

A by-law of the City of Clarence-Rockland to prohibit the placement of graffiti on property and to require property be kept free of graffiti.

Whereas the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council are or could become public nuisances;

And whereas in the opinion of the council of the City of Clarence-Rockland, graffiti is a public nuisance;

Therefore, the council of the City of Clarence-Rockland enacts as follows:

Definitions

1.     In this by-law,

“City” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

“Customer Service Box” means either a publication distribution box or a courier drop box;

“Courier Drop Box” means an unattended box into which any member of the general public may deposit letters or parcels to be delivered by courier companies;

“Director” means the director of by-law department of the City of Clarence-Rockland or authorized assistants or By-law Officers;

“Graffiti” means one or more letters, symbols, etchings, figures, inscriptions, stains howsoever made or otherwise affixed to a property or other markings that disfigure or deface a property but does not include a mural sign permitted in accordance with any signs by-law, adopted by the City of Clarence-Rockland;

“Interior Space” includes an interior wall, ceiling, floor and any other partition that defines the interior space of a property;

“Mural Sign” means a decorative mural that is painted directly onto the exterior fabric of a building and that serves as an expression of public art;

“Officer” means a police officer or municipal law enforcement officer appointed by the council of the City of Clarence-Rockland to enforce the provisions of this by-law;

“Owner” includes,

 a)     The person who for the time being is managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, who would receive the rent if the land and premises were let;

b)   The lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property;

“Property” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures including customer service boxes and courier drop boxes, out-buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property.

Interpretation

1) The rules in this section apply to this by-law, unless a contrary intention is evident from the context.

2)   Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.

3)   This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

4)   Words in the singular include the plural and words in the plural include the singular.

5)   It is declared that any section, subsection or part thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

6)   Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

Interior Space

1.     This by-law does not apply to an interior space on a property or to a thing located entirely within the interior space on a property.

Graffiti Prohibited

1.     No person shall place or cause or permit graffiti to be placed on property.

2.     No owner of property shall fail to maintain such property free of graffiti.

Notice to Comply

1.     An officer who finds a contravention of this by-law may give written notice to the owner of the property requiring compliance with this by-law within the time period specified in the notice but not sooner than 7 calendar days after the notice is given.

2.     The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it was mailed.

3.     If there is evidence that the owner in possession of the property is not the registered owner of the property, the notice shall be served on both the registered owner of the property and owner in possession of the property.

4.     If the address of the owner is unknown or the city is unable to effect service on the registered owner or the owner, a placard stating the terms of the notice is placed in a conspicuous place upon the land on or near the property shall be sufficient notice to the owner.

Failure to Comply

1.   No person shall fail to comply with a notice given under section 6 of this by-law.

Removal of Graffiti

1.   If the owner fails to comply with a notice, the director of by-law department or persons acting upon his or her instructions, may enter upon the lands at any reasonable time for the purposes of carrying out the work described in the notice.

2.   Costs incurred by the city in doing the work required to be done by the notice may   be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

Offences and Penalties

1) Every person who contravenes any of the provisions of this by-law is guilty of an offence.

2) Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.

3)   When a person has been convicted of an offence under this by-law,

        a) The Ontario Court of Justice, or

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

Short Title

This by-law may be referred to as the “Graffiti Management By-law”

Read, done and passed in open council, this 14th day of May 2012.                

Marcel Guibord, Mayor                                            

Monique Ouellet, Clerk

Lodging houses - 2000-94

En anglais seulement

Un règlement concernant les maisons d'hébergement et les gérants de maisons d'hébergement.

Télécharger le règlement 2000-94

Loitering - 2007-06

En anglais seulement

Un règlement pour interdire le flânage sur les routes, trottoirs, places publiques et parcs.

Télécharger le règlement 2007-06

Mobile Canteens - 2006-16

En anglais seulement

Un règlement concernant l'opération des cantines mobiles sur le territoire de la Cité de Clarence-Rockland.

Télécharger le règlement 2006-16

Motorized snow vehicles - 2010-21

En anglais seulement

Un règlement concernant l'opération de véhicules à neige motorisés dans Clarence-Rockland.

Télécharger le règlement 2010-21

Noise - 1999-55

Being a by-law of the Corporation of the City of Clarence-Rockland to prohibit or regulate certain noises and to prohibit and abate public nuisance;

Whereas pursuant to the provisions of Section 210 Subsections 138 and 140 of the Municipal Act R.S.O. 1990, Chapter M.45, Council of local municipalities may pass a by-law to prohibit and abate public nuisances;

Whereas the purpose of this by-law is to provide for an environment free from unusual, unnecessary or excessive noises which may degrade the quality and tranquillity of life, and cause a public nuisance;

Now therefore the council of the corporation of the city of Clarence-Rockland enacts as follows:

1.         Interpretation

In this By-law

Adverse effect

Means one or more of,

a)         harms or material discomfort to any person,

b)         an adverse effect on health of any person,

c)         loss of enjoyment of normal use of property, and

d)         interference with the normal conduct of business.

Agriculture

Means the practice of cultivating the soil or the keeping/raising of animals;

Air Conditioner

Includes an air conditioner, a fan, a heat pump or other similar device.

Attached Housing

Means a building otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shaped in common with adjacent building or buildings;

Auxiliary Equipment

Means any device, attachment, delivery body or apparatus attached to a motor vehicle, either permanently or temporarily, for the purpose of:

(i)        hauling property, vehicles or animals;

(ii)       mixing concrete or like material; or

(iii)      preserving perishable cargo through the use of heating or refrigerating systems.

Construction

Includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose and includes any work in connection therewith;

Construction Equipment

Means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, drills, loaders, scrapers, pavers, generators, off-highway hauliers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;

Council

Means the Council of the Corporation of the City of Clarence-Rockland;

Inhabitants

Means any owner, tenant, occupier or licensee of real property within the Corporation of the City of Clarence-Rockland;

Intermittent

Means to cause to cease for a time or at intervals;

Leisure Vehicle

Means any all-terrain vehicle or snowmobile;

Motor Vehicle

Includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include all-terrain vehicles, snowmobiles or other motor vehicles running only upon rails, construction equipment, farm tractor or a self-propelled implement of husbandry;

Municipal Law Enforcement Officer

Means a peace officer for the purpose of enforcing municipal by-laws;

Municipality

Means the land within the geographic limit of the Corporation of the City of Clarence-Rockland;

Noise

Means any loud, unnecessary or unusual noise or any noise whatsoever which either annoys, disturbs or injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limits of the municipality;

Person

Includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply;

Point of Reception

Means any point on the premises of a person where sound or vibration originating from other than those premises is received;

Residential Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Residential A" area under the Zoning By-Law, as amended;

Rural Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Rural Area" under the Zoning By-law, as amended;

Solid Waste Bulk Lift

Means a vehicle designated to load, unload and transport containers for handling refuse;

Sound Amplifying Device

Means any device which is primarily used or intended to be used to amplify or create sound and includes, but is not limited to, radios, phonographs, televisions, musical instruments, loud speakers and electronic devices or electro-mechanical transducers, used in the reproduction or amplification of music, speech or other sounds, but does not include fire alarms, smoke detectors or security alarms;

Trailer

Means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being self propelled, drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of persons;

Urban Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Urban Area" under the Zoning By-law, as amended;

2.         General Prohibitions

(1)       No person shall make, cause or permit the emission of noise that disturbs or may disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants.

(2)       Notwithstanding the generality of the provisions of Section 2(1), no person shall make, cause or permit the emission of noise resulting from an activity listed herein, if clearly audible at a point of reception located in an area of the Municipality, indicated within the prohibited time shown for such an area, as such noise is deemed objectionable or liable to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the inhabitants and is hereby strictly prohibited.

Prohibited Activities by Time and Date
ActivityResidental Zone  Rural Zone
1. The detonation of fireworks or explosive devices not used in construction and without permit. At all times At all times
2. The commercial or personal operation of any sound amplifying device. 11 pm to 7 am 11 pm to 7 am
3. The racing of any motor vehicle or leisure vehicle other than in a racing event regulated by law. At all times At all times
4. The operation of any auditory signaling device, including but not limited to the ringing of bells, except for religious services, or gongs and blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices. 11 pm to 7 am 11 pm to 7 am
5. Intermittent barking, calling or whining or other similar intermittent noise making, by any domestic pet or any other animal kept or used for any purpose other than agriculture or licensed kennels, if such noise persists for a period of time in excess of fifteen (15) minutes. At all times At all times
6. The operation of a commercial car wash with air drying equipment abutting a residential area. 9 pm to 7 am 9 pm to 7 am
7. Yelling, shouting, hooting, whistling or singing. 11 pm to 8 am 11 pm to 8 am
8. All selling or advertising by shouting or outcry or amplified sound. 5 pm to 9 am 5 pm to 9 am
9. Loading, unloading, delivering, packing, unpacking or otherwise handling any containers, products, materials or refuse in a residential area or a business operation adjacent to a residential area, unless necessary for the maintenance of essential services or the moving of private household effects. 11 pm to 6 am 11 pm to 6 am
10. The operation of any construction equipment or use of any power tools for the purpose of repairing or constructing.

10 pm to 7 am

(Monday to Friday)

8 pm to 8 am

(Saturday and Sunday and statutory holidays)

10 pm to 6:30 am

11. The operation or use of any tool for household purposes other than snow removal. 10 pm to 7 am 10 pm to 6:30am
12. The operation or use of an engine or motor in or on any leisure vehicle, motor vehicle or item of attached auxiliary equipment for a continuous period exceeding fifteen minutes, while such vehicle is stationary in or adjoining a residential area. At all times At all times
13. The operation of solid waste bulk lift or refuse compacting equipment. 11 pm to 7 am 11 pm to 7 am
14. The operation of a leisure vehicle or motor vehicle in such a way that the tires squeal. At all times At all times
15. The operation of any combustion engine or pneumatic device without effective exhaust or intake muffling device in good working order and in constant operation. At all times At all times
16. The operation of a leisure vehicle or motor vehicle with a trailer resulting in banging, clanking, squeaking or other like sounds due to improperly secured load or equipment or inadequate maintenance. At all times At all times
17. The operation of a leisure vehicle or motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. At all times At all times
18. The operation of any air conditioner without an effective muffling device in good working order and in constant operation. At all times At all times
19. The operation of powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned by or controlled by railway governed by the Canada Railway Act.  At all times At all times
20. The venting, release or pressure relief of air, steam or gaseous material, product or compound from any autoclave, boiler, pressure vessel, pipe, valve, machine, device or system.  At all times At all times
21. The operation of an electronic bug killer. 11 pm to 7 am 11 pm to 7 am
22. The operation of items of snow making equipment. At all times At all times
23. The discharge of firearms.  At all times Half hour after sunset to half hour before sunrise
24. The operation of any refrigeration unit, chilling unit or similar devices in or on any vehicle. At all times At all times

3.         Exemption

(1)       Public Safety

Notwithstanding any other provision of this by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken:

(a)       for the immediate health, safety or welfare of the inhabitants or any of them; or

(b)       for the preservation or restoration of property.

(2)       Attached Housing

This by-Law does not apply to noise between a common shared wall of floor by two adjacent dwelling units within an apartment, condominium or townhouse building, row buildings or carriage homes unless the sound can be clearly audible from the exterior of the building.

(3)       Snow Removal

This by-Law does not apply to noise generating from the operation of removing or clearing of snow or of sanding and salting.

(4)       Fireworks

Notwithstanding any other provisions of this by-law, this by-law does not apply to a person who emits or causes or permits the emission of sounds or vibrations in connections with fireworks during any of the listed traditional festive activities such as Canada day, Victoria day and St-Jean Batiste day.

(5)       Farming Operation

This by-Law does not apply to any noise generated from the operation of any agricultural machinery, equipment and implement of husbandry whether self-propelled or motorized, which is used in accordance with normal farm practice for the cultivation of  land, production and harvesting of agricultural crops (including mushrooms, greenhouse crops and nursery stock), raising of livestock, poultry, fur-bearing animals and game birds and includes but is not limited to any noise generated from:

(i)        irrigation pumps;

(ii)       the application of fertilizers, conditioners and pesticides;

(iii)      the storage, disposal or use of organic wastes for farm purposes; and

(iv)      grain dryers

(6)       Grant of Exemption by Council

(1)       Application to Council

Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council, by resolution, may refuse to grant any exception or may grant the exemption applied for or any exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six months, during which it is effective and may contain such terms and conditions as Council sees fit.

(2)       Decision

In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.

(3)       Breach

Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void.

(4)       The Director of Protective Services shall be delegated the authority to grant an exemption on behalf of Council in any circumtances as he/she may see fit, providing that such exemptions is immediately reported to the Mayor and the affected Ward Councillor(s). (amended by 2021-77)

(7)       Exemption - City construction project (as amended by 2021-77)

The Director of protective Services is delegated the authority to grant an exemption in relation to any Section of this by-law, subject to the following conditions:

(ii)             the exemption is in respect of a City Construction Project;

(iii)           a requirement that during the exemption period, the noise caused by the particular project for which the exemption is sought does not exceed 85 dB(A) when measured at the point of reception;

(iv)           public notification of the particulars of the exemption is provided to affected parties by the appropriate Coordinator of the City Construction Project; and

(v)             the Director, Protective Services, has notified the Councillor of the Ward or Wards in which the work is to occur of the application for the exemption.

An application for an exemption shall be made in writing to the Director of protective Services as soon as the exemption is deemed necessary, and prior to the commencement of the activity for which the exemption is sought, and shall include the following:

(i)             the name and contact information of the City staff representative associated with the project;

(ii)           the source of the sound or vibration in respect of which the exemption is sought;

(iii)         the provision or provisions of this by-law for which the exemption is sought;

(iv)          the rationale for the exemption;

(v)            the date and time of commencement of the activity for which the exemption is sought;

(vi)          the time of conclusion for each day for the activity for which the 16 exemption is sought;

(vii)        the duration of activity for which the exemption is sought;

(viii)      the location of the activity for which the exemption is sought;

(ix)          the name and contact information of the contact person or persons who will be supervising the activities for which the exemption is sought; and

(x)            any other information requested by the Manager of By-law Enforcement Services.

4.         Severability

It is hereby declared that each and every of the foregoing provisions of this by-law is severable and that, if any provisions of this by-law should for any reason be declared invalid by any Court, it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect.

5.         Penalty

Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as set out in the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.

In addition to the imposition of a fine or other remedy, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

By-law No.1989-10, as amended (City of Rockland) and By-law No. 1992-106, as amended (Clarence township) are hereby repealed.

This By-law shall come into effect on the day it is adopted by Council.

Read a first, second and duly passed upon the third reading, this 14th day of September 1999.

Mayor                                                            

Clerk

 

 

Parks - 2010 – 36

En anglais seulement

Un règlement concernant les parcs et ses bâtiments.

Télécharger le règlement 2010-36

Parkland 2018-61

En anglais seulement

Un règlement concernant le transfert de terrains pour les parcs ou d'autres fins récréatives.

Télécharger le règlement 2018-61

Piscines - 2013-47

Attendu que l’article 11, paragraphe 2, sous paragraphe 6 de la Loi de 2001 sur les Municipalités, L.O. 2001, chapitre 25, tel qu’amendé, autorise le conseil à adopter des règlements concernant la santé, la sécurité et le bien-être de ses résidants;

Attendu que l’article 11, paragraphe 3, sous paragraphe 7 de la Loi de 2001 sur les Municipalités, L.O. 2001, chapitre 25, tel qu’amendé, autorise le conseil à adopter des règlements concernant les constructions, y compris les clôtures, les panneaux et les enseignes;

Attendu que le conseil juge opportun de régir l’installation et la localisation des piscines privées et des spas sur l’ensemble de son territoire, afin de réduire les risques de noyade;

Il est résolu que le conseil de la Corporation de la Cité de Clarence-Rockland donne force de loi à ce qui suit:

1. Titre

Ce règlement peut être appelé le « règlement de piscine ». 

2. Définitions

Dans ce règlement:

(a)« Cour » signifie un espace ouvert tel que défini selon le règlement de zonage en vigueur.

(b)« Chef du service du bâtiment » signifie le chef du service du bâtiment de la Cité de Clarence-Rockland nommé ou désigné ou un adjoint sous son autorité.

(c)« Clôture de piscine » signifie un assemblage à paroi verticale construite en  chaîne de mailles, en bois, en fibre de verre, en métal ou en tous autres matériaux et servant à enclore une piscine ou spa d’après les spécifications de ce règlement. Une clôture de piscine ne peut être une haie.  Une clôture de piscine peut comprendre une barrière avec un dispositif de fermeture. 

(d)« Ligne avant » comme définie par le service d’urbanisme de la municipalité.

(e)« Ligne arrière » comme définie par le service d’urbanisme de la municipalité.

(f)« Ligne latérale » comme définie par le service d’urbanisme de la municipalité.

(g)« Ligne latérale extérieure » comme définie par le service d’urbanisme de la municipalité.

(h)« Barrière » signifie une partie d’une clôture qui est amovible, pivotante, coulissante ou autrement utilisée pour obstruer ou fermer un accès.  Une barrière peut comprendre une porte.

(i)« Loquet automatique » signifie un dispositif pour garder automatiquement sous verrous et qui est attaché à la clôture, barrière ou porte, pour prévenir l’intrusion de l’extérieur.

(j)« Dispositif de fermeture » signifie un appareil qui permet une fermeture automatique (souvent à l’aide d’un ressort) d’une porte ou d’une barrière comprise à même une clôture de piscine.

(k)« Officier de réglementation » signifie un officier d’application de la loi municipale nommé sous la section 15 de la Loi des services de police qui est chargé de mettre en application les règlements municipaux.

(l)« Piscine privée » signifie un bassin d’eau artificiel privé, intérieur ou extérieur, hors terre ou creusé pour la baignade dont la profondeur d’eau est de plus de 60 centimètres. Une piscine privée ne comprend pas:

a) une plage pour la baignade;

b) un endroit naturel de baignade;

c) un jardin d’eau.

(m)« Spa » signifie un bassin de formes variées, munies d’hydrojets et de trous par lesquels s’échappe de l’air comprimé ou un jet d’eau, dont l’eau est chauffée et en bouillonnement continu.

(n) « Permis » signifie une autorisation officielle écrite par l’inspecteur en chef pour installer ou construire une piscine privée ou un spa régi par ce règlement. 

(o) « Municipalité » signifie, la Cité de Clarence-Rockland.

(p) « Propriétaire » signifie une personne qui possède en propriété, exerce à son profit exclusif le droit de propriété.

(q) « construire » signifie bâtir, édifier, élever ou ériger et inclus l’installation d’une piscine ou d’un spa existant déménagé d’ailleurs. 

3. Permis

(a) Aucune personne ne peut construire une piscine privée ou un spa ou encore faire construire ou aménager une piscine privée ou un spa sans premièrement obtenir un permis du service de la construction de la Cité de Clarence-Rockland.

(b) Si l’installation d’une piscine privée ou d’un spa inclut un patio ou autre structure qui requiert un permis de construction sous les exigences du code du bâtiment de l’Ontario, le frais de permis comme spécifié à l’annexe A pour une piscine où un spa sera exempté.

(c) Le frais de permis et dépôt de performance à être payé lors de l’émission du permis est spécifié à l’annexe a de ce règlement.

4. Application pour un permis

(a) Pour obtenir un permis, le propriétaire ou le demandeur doit remplir une application en obtenant le formulaire prescrit disponible à la municipalité. 

(b) Suffisamment d’information doit être soumise avec chaque application pour permettre au chef du service du bâtiment de déterminer si le travail proposé répond aux exigences du règlement ainsi que toutes autres lois applicables.

(c) Une application peut être annulée à la discrétion du chef du service du bâtiment, si après 6 mois de la date d’application, le permis n’a pas été réclamé. 

5.  Remplissage d’eau

Aucune personne ne peut remplir une piscine privée ou un spa avant qu’il ne soit complètement entouré d’une clôture de piscine selon les dispositions de ce règlement.

6. Localisation d’une piscine privée

(a) Aucune personne ne peut construire une piscine privée dans une cour avant.

(b) Aucune personne ne peut construire une piscine privée à moins de 3.5 mètres de la ligne latérale extérieure et a moins de 1,5 mètre de toute autre ligne de propriété;

(c) Aucune personne ne peut construire des équipements de pompage, de filtration ou de chauffage d’une piscine privée à moins de 1,0 mètre d’une ligne latérale intérieure, à moins de 1,0 mètre d’une ligne arrière de lot, ou encore à moins de 3,5 mètres de toute ligne latérale extérieure.

(d) Aucune personne ne peut construire des équipements de pompage, de filtration ou de chauffage à moins de 1,5 mètre de toute piscine privée, à moins qu’ils ne soient installés en dessous d’une promenade adjacente à une piscine privée.

7. Clôtures de piscine obligatoires

(a)        Aucune personne ne peut construire une piscine privée sans être entourée d’une clôture de piscine conforme au présent règlement. Toutefois, le mur d’un bâtiment peut être substitué à n’importe quelle portion de la clôture de piscine, lorsque les portes et les fenêtres situées sur ce mur sont verrouillées avec des dispositifs appropriés.

         (i)malgré les dispositions du paragraphe 7.(a) l’installation d’une clôture de piscine n’est pas requis pour les terrains adjacent  la rivière des Outaouais, si ce terrain n’est pas accessible au grand public. Ceci dit, cette exception sera permise seulement si une clôture est installé sur les lignes de propriété latérale du terrain ou  la piscine est installé et la clôture devra être d’une hauteur minimum de 1.5 mètres et devra se prolonger pour une distance de 0.61 mètres au-delà du niveau d’eau de la rivière. 

(b) Aucune personne ne peut construire une porte ou une barrière menant directement à une piscine privée sans installer un dispositif de fermeture automatique et un loquet permettant à la porte ou à la barrière de se fermer tout seule après leur ouverture. Le loquet doit être situé du côté intérieur de l’aire de la piscine à au moins 1.2 mètre de hauteur, à partir du bas de la porte ou de la barrière. 

(c) Aucune personne ne peut installer une piscine privée sans que les accès extérieurs menant à une terrasse ou un patio adjacent à une piscine privée soient fermés par une porte ou une barrière verrouillée avec des dispositifs appropriés. 

 

8. Exigences relatives à la clôture d’une piscine

Aucune personne ne peut construire une piscine privée sans que celle-ci soit complètement entourée d’une clôture de piscine conformément aux exigences suivantes:

(a) la clôture de piscine incluant la barrière doit s’élever à une hauteur minimale de 1,5 mètre par rapport au niveau du sol adjacent, sans dépasser une hauteur maximale de 2 mètres.

(b) la clôture qui forme la partie de cette enceinte doit:

(i) être construite solidement;

(ii) être construite de façon à empêcher les enfants de grimper;

(iii)   ne posséder aucune ouverture pouvant laisser passer un objet sphérique d’un diamètre de 10 cm ou plus;

     (iv) être construite de manière à ce que la distance entre le sol et la clôture de la piscine ne doive pas être supérieure à 10 cm;

(c) la barrière qui fait partie d’une clôture doit être équipée d’un dispositif de fermeture et d’un loquet automatique. Le loquet automatique doit être installé à plus de 1,2 mètre de hauteur à partir du niveau du sol ou du plancher adjacent.

(d) la barrière qui fait partie d’une plateforme ou d’un patio doit:

(i) avoir une hauteur minimale de 1,2 mètre de hauteur par rapport au plancher adjacent ou par rapport au seuil de la dernière marche adjacente à la barrière;

(ii) être équipée d’un dispositif de fermeture et d’un loquet automatique. Le loquet automatique doit être installé du côté intérieur de l’aire de la piscine à plus de 1,2 mètre de hauteur à partir du plancher adjacent ou de la dernière marche adjacente à la barrière;

(iii) ne posséder aucune ouverture pouvant laisser passer un objet sphérique d’un diamètre de 10 cm ou plus.

9.  Bâtiment accessoire

Aucune personne ne peut construire une remise ou un bâtiment accessoire à moins de 1,5 mètre de toute piscine privée. Toute remise abritant un système de filtration doit être conçue de manière à éviter de créer de moyen d’escalade qui donnerait accès à la piscine.

10.  Piscine privée hors terre

Aucune personne ne peut construire une piscine privée hors terre sans respecter les dispositions ci-dessous : 

(b)        Les parois d’une piscine privée hors terre peuvent être considérées comme faisant partie intégrante d’une clôture de piscine et doivent avoir une hauteur minimale de 1,5 mètre ou être surmontées d’un garde-fou donnant une hauteur minimale de 1,5 mètre par rapport au niveau du sol.

(b) Une piscine privée hors terre entourée en tout ou en partie d’une promenade adjacente à ses parois, doit être entourée d’un garde-fou d’une hauteur minimale de 1,5 mètre par rapport au niveau du sol et doit-ce conformé au code du bâtiment de l’Ontario pour sa hauteur et sa construction. De plus, cette promenade ne doit pas être aménagée de façon à permettre l’escalade;

(c) Les marches d’une échelle escamotable ou les marches donnant accès à une promenade surélevée qui sont installées directement en bordure d’une piscine hors terre ou une partie de celle-ci doivent être non accessibles pendant que la piscine n’est pas sous surveillance.

11.  Spa

Aucune personne ne peut construire un spa sans que celui-ci soit complètement entouré d’une clôture de piscine conformément aux exigences d’une clôture de piscine ou encore être munie d’un couvercle disposant de barrures. Le couvercle doit être remis en place et barré dès que la baignade est terminée.

12.  Piscine creusée

Aucune personne ne peut installer une piscine creusée sans l’aménagement d’un trottoir d’une largeur minimale de 0,6 mètre construit tout autour de la piscine en s’appuyant sur son rebord. Ce trottoir doit être construit en béton ou fait de matériaux antidérapants.  Si le contour de la piscine est aménagé d’un jardin ou d’une chute, le trottoir obligatoire peut être annulé pour la section aménagée. 

13.  Élévation du sol

Aucune personne ne peut construire une piscine privée, un spa ou une clôture de piscine si les élévations existantes ou le terrassement de la propriété sont modifiés, à moins d’approbation de la municipalité.  les élévations finales du terrain, après l’installation de la piscine, doivent être conformes au plan de drainage et le terrassement approuvé par la municipalité. 

14. Drainage et eaux usées

a) Aucune personne ne peut décharger des eaux usées d’une piscine privée ou d’un spa pour l’envoyé dans le système pluvial sans avoir éliminé le chlore pendant 7-10 jours avant le drainage.

b) Aucune personne ne peut décharger des eaux usées d’une piscine privée ou d’un spa au sel pour l’envoyé dans le système pluvial.

c) Aucune personne ne peut décharger des eaux usées d’une piscine privée ou d’un spa pour l’envoyé sur les propriétés avoisinantes, pour former des bassins sur les rues ou chemins, ou pour causer des dommages ou érosions à quelconques propriétés. Le drainage de ces eaux usées doit s’égoutter tranquillement sur son propre terrain pour laisser les eaux être absorber par le sol. 

15. Mesures de sécurité

Aucune personne ne peut construire une piscine privée sans respecter les dispositions suivantes:

(a) Une piscine creusée peut être dotée d’un tremplin et dans sa partie profonde, seulement si la distance entre le tremplin et la surface de l'eau ne dépasse pas 1 mètre de hauteur et que la partie profonde de la piscine atteint au minimum 3 mètres.

(b) La clôture ainsi que la piscine privée ne peuvent être situées sous une ligne électrique d’hydro.

(c) Un tremplin ou une glissade ne peuvent pas être installés pour servir à une piscine hors terre.

16. Infraction

Toute personne qui enfreint les dispositions de ce règlement est coupable d’une infraction. 

17. Pénalité

Toute personne qui est reconnue coupable d’avoir enfreint les dispositions de ce règlement est susceptible de recevoir une amende selon la Loi sur les infractions provinciales.

18. Administration et mise en application

(a) Le service de construction est responsable de l’émission des permis des piscines privées et de leurs inspections.

(b) Le service de la réglementation et le chef en bâtiment sont responsables des poursuites à l’endroit des personnes qui contreviennent aux dispositions de ce règlement.

(c) Le chef du service du bâtiment ou la personne désignée ou un officier de réglementation désigné pour exécuter des inspections conformément à ce règlement peut, en tout temps raisonnable, entrer sur un terrain pour effectuer une inspection de ce terrain.

(d) Lorsqu’il devient nécessaire de procéder selon la section 19. e) de ce règlement, un officier d'application de la loi municipale peut entrer sur des terrains avec n'importe quelle personne et l'équipement approprié, tel que requis, pour mettre ces terrains conforment avec ce règlement.

(e) Lorsqu’une disposition relevant de ce règlement n’est pas suivie, l’officier d'application de la loi municipale, ou toutes personnes désignées par l’officier d'application de la loi municipale de la Corporation de la Cité de Clarence-Rockland peut, selon un avis qu’il considère approprié, vider, ériger une clôture ou faire tout autre travail raisonnablement, afin de garantir la sécurité autour d’une piscine privée ou d’un spa, cela aux frais de la personne intimée de le faire et, ainsi, peut charger des honoraires d'administration de 15 % du montant dépensé par ou de la part de la municipalité et un tel montant sera récupéré par une réclamation ou de la même manière que des taxes municipales.

19. Pouvoir de la cour

Lorsqu’une personne est reconnue coupable sous ce règlement, la cour provinciale ou la juridiction qualifiée peut, en plus de toute autre amende imposée à la personne reconnue coupable, émettre un ordre qui interdit la prolongation ou la répétition de cette infraction ou les actions de cette personne concernant la poursuite ou la répétition de cette infraction.

20. Validité du règlement

Si un tribunal d’une juridiction qualifiée déclare une section ou une partie d’une section de ce règlement invalide, toute autre section ou partie de cette section ne doit pas être considérée comme sans effet, ainsi la partie restante du règlement doit être considérée valide et demeure en vigueur.

21. Transmission

Toute clôture de piscine légalement érigée en conformité avec les provisions d’un règlement précédant est jugée conforme avec le règlement actuel et elle peut être maintenue telle qu’érigée.

Les provisions de ce règlement s’appliquent aussi aux piscines et spas qui ont été construits avant l’approbation de ce règlement à moins qu’ils aient été installés légalement avant la date en vigueur de ce présent règlement. 

22.  Règlement abrogé

Le règlement 2007-50 et amendement est abrogé.

23.  Entrée en vigueur

Ce règlement sera en vigueur le jour de son adoption.

Fait et adopté en réunion publique, ce 17ème jour de juin 2013                                                                                                                                                                          

Marcel Guibord, Maire                                                                 

Monique Ouellet, Greffière

 

Annexe A

Frais - Permis de piscine et spa
ItemFrais
Permis de piscine/spa (incluant la clôture) 125 $
Dépôt de performance 100 $
Révision d'un plan d'élévation 100 $

Un dépôt de performance doit accompagner le frais de permis de piscine et spa.  Le montant total du dépôt de performance doit être remboursé en totalité ou en partie au détenteur du permis selon les provisions mentionner ici-bas;

(a) 100% du dépôt de performance doit être remboursé si la construction est complétée et approuvé avant la date d’anniversaire de 1 an du permis,

(b) 50% du dépôt de performance doit être remboursé si la construction est complétée et approuvé après la date d’anniversaire de 1 an du permis,

(c) Aucun remboursement du dépôt de performance ne peut être remis si la construction n’est pas complétée ou approuvé après 2 ans de la date d’anniversaire du permis.  Ceci ne veut pas dire que l’appliquant où le propriétaire ne doit pas se conformer au règlement présent ou toutes autres réglementations quelconques.  

Le remboursement du dépôt ou d’une partie du dépôt de performance n’exempte pas le propriétaire des provisions de ce règlementent ou toutes autres réglementations quelconques.  Le remboursement du dépôt de performance n’est pas une garantie ou une certification que la construction de la piscine ou du spa pour lequel le permis a été délivré rencontre toutes les spécifications du règlement ou toutes autres réglementations quelconque.

Private Entrances - 2017-44

A by-law to regulate the construction of private entrances on city roads and to prohibit the obstruction of ditches, watercourses and other water outlets.

Whereas Section 8 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on municipalities,

a)    To enable them to govern their affairs as they consider appropriate; and

b)    To enhance their ability to respond to municipal issues;

And whereas Section 11(3) of the Municipal Act, 2001, provides that the Corporation of the City of Clarence-Rockland may pass by-laws with respect to the use of its highways and matters concerning drainage;

And whereas Section 391(1) of the Municipal Act, 2001, as amended, provides that without limiting sections 9, 10 and 11, those sections authorise the Corporation of the City of Clarence-Rockland to impose fees or charges on person, for

a)    Services or activities provided or done by or on behalf of it;

b)    Costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

c)     The use of its property including property under its control.

And whereas Section 27 (1) of the Municipal Act, 2001, as amended, authorises the Corporation of the City of Clarence-Rockland to pass by-laws in respect of a highway under its jurisdiction;

And whereas Section 446 of the Municipal Act, 2001, as amended, provides that, where the Corporation of the City of Clarence-Rockland has the authority under the Act or under a By-law under the Act to direct or require a person to do a matter or thing, the Corporation may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense, and the Corporation may recover the costs of doing such matter or thing by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes;

And whereas Council deems it expedient to regulate the construction of entrances upon any City road forming part of the roads’ system of the Corporation of City of Clarence-Rockland;

And whereas Council deems it expedient to prohibit the obstruction of drainage ditches, watercourses and other water outlets within the Corporation of the City of Clarence-Rockland as follows:

Now therefore be it enacted by the Council of the Corporation of the City of Clarence-Rockland that:

  1. In this By-Law:

1.1  “entrance” means any driveway, laneway, private road, entrance or other structure or facility constructed or used as a mean of access and/or egress to and/or from a highway under the jurisdiction of the Corporation, herein defined as a City Road;

1 .2 “front yard ditch filling” means the tiling and covering or filling in, of a City roadside ditch, in front of the property for the purpose of improving a lawn or other frontage;

1.3  “Corporation” or “City” means the Corporation of the City of Clarence-Rockland;

1.4 “applicant” means any person, group or corporate body who applies to the Corporation for permission to construct an entrance or a front yard ditch filling;

1.5  “Director” means the Director of Infrastructure and Planning of the Corporation of the City of Clarence-Rockland appointed to administer and manage the provisions of this by-law and includes his authorized subordinates and assistants.

1.6 “Local Collector” means Maisonneuve Road, Baseline Road (from Canaan Road to Joanisse Road and St-Jean Street to Landry Road), Canaan Road (from Vinette Road to Baseline Road) and Vinette Road (from Joanisse Road to Bouvier Road).

Classification of Entrances:

2.1  “Public Entrance” means an entrance opening onto a City road from a public road, street or highway or other thoroughfare, maintained by a municipality or other authority;

2.2 “Residential Entrance” means an entrance opening onto a City Road from one or more residential dwelling units where there is no common parking area;

2.3  “Commercial Entrance” means an entrance opening onto a City Road from a property used for commercial, industrial or institutional use or a combination thereof and includes residential properties such as apartments, townhouse developments and other multiple dwelling unit developments having common parking areas;

2.4 “Farm Entrance” means an entrance opening onto a City Road from a farm or other agricultural use, primarily for access to barns and outbuildings;

2.5 “Field Entrance” means an opening onto a City Road from a field or bush forming part of a farm.  It shall be used only for the passage of animals and for agricultural related activities, but not for access to buildings of any type;

2.6  “Field Entrance for crop harvesting” means an opening onto a City Road from a field forming part of a farm.  It shall be used only for the purpose of harvesting crops, but not for access to buildings of any type;

2.7  “Temporary Entrance” means an entrance that will be used for a limited period of time to permit construction or other short term access.

3. No person, group or corporate body shall undertake to construct, alter or change an entrance or the use of an entrance or shall proceed with the filling or alteration of a front yard ditch adjacent to a City Road, until he has obtained a permit issued from the Corporation and paid the prescribed fees.

4. Each application for a permit shall be made on the form provided by the Director.

5. The installation permit shall be issued on behalf of the Corporation by the Director subject to the terms and conditions provided herein and shall be valid only upon the completion of the terms and conditions contained therein.

6. The cost of construction or alteration of all entrances or front yard ditch filling, including the construction of catch basins, curbs, gutters, sidewalks, islands, granular, pipes, vegetation or other necessary appurtenances shall be borne entirely by the applicant.

7. Every application for a permit shall be subject to a fee and shall be accompanied by a security deposit, as set out in Schedule “A”. No permit shall be issued until the required security has been deposited and the fee has been paid.  No fee paid for a permit shall be refunded.  If the Director is satisfied that all the requirements of the permits have been met, the applicant’s security deposit will be returned.  In the event that a permit is not approved by the City for issuance, the security deposit is refundable.

8. In the event that an entrance or front yard ditch filling has not been constructed or installed in accordance with the permit, it shall be removed by the applicant upon written direction issued by the City.  Failure to do so will result in the removal by the City at the expense of the applicant, all subject to the enforcement provisions of this By-Law.  All costs incurred by the City shall be paid by the applicant and may be drawn from the security deposit deposited at the time of the permit issuance.

9. Each application for a permit shall be accompanied by proof of ownership of the subject property, in a form satisfactory to the Director and shall provide and maintain Comprehensive/ Commercial General Liability insurance acceptable to the Corporation and subject to limits specified in Schedule “E”.

10. In order to do the works, the permit holder shall hire a “competent person” as defined under the Occupational Health and Safety Act and shall submit a Traffic Control Plan to the Director.  No works shall occur until such time as the Director has approved of the Traffic Control Plan.      

11. Where the applicant wishes to construct an entrance, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of an entrance and he shall state these requirements and any other special provisions he deems necessary on the permit issued to the applicant.

12. Where the applicant wishes to construct a front yard ditch filling, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of a front yard ditch filling and he shall state these requirements and any other special provision he deems necessary on the permit issued to the applicant.

13. No person shall obstruct any ditch, drain, watercourse or culvert either situated on or adjacent to a City road or any ditch, drain, watercourse or culvert providing an outlet for water discharged from a City road.

14. Any person found to be obstructing a drain, ditch, watercourse or culvert, shall, when requested by the Director to do so, remove the obstruction within such time as is reasonable having regards to all circumstances but, in any event, within twenty-four (24) hours, and in default thereof, same shall be done by the Corporation at the person’s expense as provided in Section 446(1) of the Municipal Act, 2001, S.O., 2001, Chapter 25, as amended.

15. Each entrance or front yard ditch filling on to a City Road must be designed, constructed and maintained in a manner that will prevent surface water from adjoining properties being discharged via the entrance on to the travelled portion of the City Road.

Restrictions regarding location of entrances

16. An entrance will not be permitted in a location that in the opinion of the Director would cause a traffic hazard.

17. A Residential Entrance, Agricultural Entrance or Field Entrance may be refused if it fails to meet all of the minimum requirements listed in Schedule “B”.

18. A Commercial Entrance may be refused if it fails to meet all of the minimum requirements listed in Schedule “B”.

19. Subject to the unfettered discretion of the Director, a maximum of one entrance may be approved for each existing lot of record.  A second entrance shall not be permitted unless it is an auxiliary Field entrance, an auxiliary Farm entrance or an auxiliary Field entrance for crop harvesting used solely for agricultural purposes or is replacing an existing entrance which is not an auxiliary field entrance and meets all of the requirements listed in Schedule “B”.

20. No new (additional) entrance permits shall be granted to existing lots of record which have an existing approved entrance whether shared or otherwise onto a City Road.  Should a lot of record have more than one existing entrance, the Director, in its sole discretion, reserves the right to eliminate as many entrances as required in order to comply with the provisions of this By-law and the owner  shall be required to apply for a permit to remove such entrance(s).

21. Subject to the unfettered discretion of the Director, no new entrance for lots of record or severed lots shall be permitted on a City road where the average minimum spacing is less than those established in Schedule “B”.

22. Where it is not possible to meet a minimum spacing between adjacent entrances as noted in this by-law, a shared mutual entrance may be granted.  A shared mutual entrance shall straddle the shared mutual property line between the two land parcels.  If a property cannot be serviced by a shared mutual entrance, approval of an entrance will be denied.

23. A new entrance may be permitted for existing lots of record where no entrance has previously been provided, subject to the provisions of this By-Law.

24. A new entrance may be permitted where such a new entrance would replace an existing entrance and would establish superior entrance standards over existing conditions.

25. When an entrance is to be changed or altered or where the property is used for any purpose other than its original use, a permit shall be required and the installation must comply and be subject to all of the provisions set out in this by-law including but not limited to the standards established in Schedule “B”. 

 Maintenance

26. Property owners having access to a City Road are solely responsible for the maintenance and replacement of the access including but not limited to the removal of snow and ice, shoulder gravel and winter sand, keeping the portion of the access within the right-of-way in a safe condition for vehicular traffic.  Such property owner shall ensure the replacement of all portions of the access as and when necessary.  A culvert pipe or any other structure installed under the terms of this by-law shall be the property of the property owner  and all subsequent maintenance, repairs, alterations, replacements, etc., shall be the responsibility of the property owner.

27. Any existing entrance or any entrance installed under the terms of this by-law shall be the property of the property owner upon acceptance of the work and all subsequent maintenance, repairs, alterations, replacements, surface repairs etc., shall be the responsibility of the property owner.  The applicant or his successor shall maintain and replace from time to time, as required, any works installed under the provisions of this By-Law and installed prior to the passing of this By-Law.

28. Any existing front yard ditch filling or any front yard ditch filling installed under the terms of this by-law shall be the property of the property owner upon acceptance of the work and all subsequent maintenance, repairs, alterations, surface repairs etc., shall be the responsibility of the property owner.  The property owner shall maintain and replace from time to time, as required, any works installed under the provisions of this By-Law and works installed prior to the passing of this By-Law.

29. Head walls, retaining walls or structures (ie pillars, timber/railway tie/ block/ stone/ brick walls or any other type of material) at culverts shall not be permitted within the City road allowance.  These shall be removed by the applicant upon written direction issued by the Director.  The Public Works Department shall not be responsible for replacing any structures connected with any entrance while doing any maintenance work within the road allowance.

30. Curbing shall be permitted for commercial and/or urban entrances provided it conforms to the Ontario Provincial Standard Drawings and Specifications.

31. Where an existing entrance or any ditch infilling pipe works is affected solely by the reconstruction of a City Road or the reconstruction or cleaning of a ditch, the City shall reinstate, at the City’s cost, the affected entrance and ditch infilling pipe when the reconstruction of the entrance or the cleaning or reconstruction of the ditch is required by the City or for City purposes.  Any original materials of construction salvaged shall remain the property of the City.

32. The City shall maintain the authority to relocate/close any entrance that does not comply with any section of the by-law.

33. Temporary Entrances

33.1 Notwithstanding the provisions of this by-law, Temporary Entrances may be permitted by the Director. The Director shall specify the mode of construction, establish the standards and specifications of construction and establish the time period the Temporary Entrance shall be permitted to exist.

33.2 If at the end of the specified time period for which a Temporary Entrance installation permit was issued, the said permit is not renewed by the Director, or the structure of the entrance removed, the applicant to which the permit was issued shall be deemed to be causing an obstruction and the provisions of this by-law shall be applied.

34. Time Limit

The construction of an entrance or a front yard ditch filling, in accordance with the specifications established in this By-Law, shall be completed within six (6) months from the date of issuance of the installation permit. The Director may, upon application, renew or extend any permit issued under this By-Law, at no charge to the applicant, if it is deemed appropriate by the Director, in his sole discretion. 

35. The City reserves the right to refuse approval of any application or remove an existing entrance should it be determined that any one of the objectives or requirements of the By-Law is or will be compromised as determined at the sole discretion of the Director.

Appeal of refusal of entrance 

36. Entrance applications that do not conform to this By-law shall be denied and the applicant shall be so informed in writing within five days of the Director’s decision.  The applicant’s security deposit shall also be returned at this time.  A person who wishes to appeal a decision of the Director made pursuant to this By-law may appeal the Director’s decision in accordance with the following:

a) An application for an appeal shall be made to the Director and shall be accompanied by an administrative fee of $500.00 for each denied application under the provisions of this By-law; said fee is non-refundable.

b) City Council (or a Committee to whom this function has been delegated) shall, within a reasonable time after receiving an application for an appeal, hold a hearing at a place and time determined by City Council in order to allow the applicant an opportunity to make representations.  A written summary of the applicant’s presentation to the Committee or Council must be submitted to the Director no less than ten business days before the date of the hearing.  The applicant’s summary shall be distributed to City Council (or the applicable committee).  The applicant’s verbal presentation to City Council (or the applicable committee) shall be no longer than ten minutes.

c)Should the applicant’s appeal be granted, the original application fee ($200.00) shall be waived or returned, however, the applicant will have to re-submit the security deposit as specified in Schedule “A” of this by-law.

Remedial Action

37. Every person who fails to comply with the requirements set out in this By-law, shall by the date specified within any notice by the City, take all necessary steps to comply.

38. In the event that a person fails to comply with the notice provided by the City, the City may do the work at the expense of the owner by adding the costs incurred by the City to the tax roll for that property and collecting them in the same manner as taxes.

Offence and Penalty Provisions

39. Any person who contravenes the provisions of this By-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties.

40. If this By-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

41. Each day of default by the owner in complying with any of the provisions of this By-law shall constitute a separate offence.

42. This By-Law is subject to and in furtherance of The Drainage Act, R.S.O., 1990, Chapter D.17 as amended.

Indemnification

43. The applicant (being the owner and/or contractor as the case may be) shall defend, indemnify and save harmless the City, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property  including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Supplier, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the performance of work pursuant to this By-law and any permit issued by the City thereunder.  This indemnity shall be in addition to and not in lieu of any insurance to be provided by the applicant in accordance with this By-law, and shall survive completion of the works.

44. The applicant agrees to defend, indemnify and save harmless the City and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the contractor’s status with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by the contractor in accordance with this By-law, and shall survive the completion of the works.

Validity

45. If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that each and every provision of this bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

46. By-Law Number 2005-84 is hereby repealed.

Read and passed in open council this 3rd day of April, 2017.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Schedule A
 
Application non-refundable fee
Type of work performedAdministrative Fee
  • Relocate Entrance
  • New Entrance
  • Any extension to entrance
$200
  • Remove entrance
  • Replace entrance at same location
$0
  • Front yard ditch filling or any extension
$200

 

Security Deposit Fees
Type of Work PerformedSecurity Deposit Fee
Any relocated, replaced, or new entrance or any extension; $1,500
Front yard ditch filling or any extension $ 200 per linear meter of ditch filling with a minimum of $1,000

 Schedule B
 
Minimum requirements for location and size of entrances
Classification of entranceRequirements

Residential use

(applies to driveways and private garages associated with any detached dwelling, semi-detached dwelling, duplex dwelling, linked dwelling, townhouse dwelling and back to back townhouse dwellings)

a)    One entrance per lot shall be permitted.

b)    Minimum width of driveway: 3 meters

c)     Maximum width of driveway:

  1. The lesser of 6 meters or 55% of the lot frontage for a lot having a lot frontage of 12 meters or less
  2. Equal to 50% of the lot frontage on a lot having greater than 12 meters and less than 18 meters of lot frontage to a max of 7 meters.
  3. 9 meters for a lot having a lot frontage equal to or greater than 18 meters.

d)    If on a local collector as defined in the Counties Official Plan, not within 30 metres of any entrance on the same side of the road or/and from any intersection or/and from a public entrance;

e)    Not within 30 metres of upon or across a day lighting triangle, acceleration, deceleration or passing lane;

f)      Not within 30 meters of a structure such as bridges that may obstruct the vision of traffic using an adjacent entrance and traffic on the City Road approaching the entrance.

g)    The sight distance equals or exceeds the distances as contained in the Minimum Sight Distance Table (1) which is contained in the schedule appended hereto as Schedule “C”.

If on a local road, the distance between the intersections of a street line measured along the street line intersected by such driveway shall be 6 meters.

Non-residential use and Agricultural use (field entrance and farm entrance) 

a)  The maximum width shall be 12 metres.

b)  If on a local collector as defined in the Counties Official Plan, not within 30 metres of any entrance on the same side of the road or/and from any intersection or/and from a public entrance;

c)  Not within 30 metres of upon or across a day lighting triangle, acceleration, deceleration or passing lane;

d)  Not within 30 meters of a structure such as bridges that may obstruct the vision of traffic using an adjacent entrance and traffic on the City Road approaching the entrance.

e)  The sight distance equals or exceeds the distances as contained in the Minimum Sight Distance Table (1) which is contained in the schedule appended hereto as Schedule “C”.

f)    The minimum distance between 2 driveways on one lot shall be 30 meters, except as otherwise approved under a Site Plan Agreement.

g)  If on a local road, the distance between the intersections of a street line measured along the street line intersected by such driveway shall be 8 meters.

A Farm Entrance or Field Entrance shall only be permitted for a property where the agricultural activity takes place over an area of five or more hectares or in such other circumstances deemed appropriate by the Director.  

 

Note:  The most restrictive criteria will dictate if an entrance can be permitted and if so the location of the entrance

 Schedule C
 
Minimum Sight Distance
Speed Limit km/hFlat – less than 3% (metres)On a grade – 3 % or greater (metres)
40 45 45
50 65 65
60 85 90
70 110 120
80 140 155
90 170 190
100 200 220

 

Mnimum Sight Distance Table - Commercial Agricultural
Speed Limit km/hSight Distance (metres)
50 120
60 140
70 160
80 180
90 200
100 230

Sight distance possibly too high for urban and village.
 Schedule D
 

Minimum size and type of pipe

The diameter, gauge, length and type of culvert to be used to convey surface water drainage either through an entrance or a front yard ditch filling shall be determined by the City with the minimum size of culverts to no less than 450 mm in diameter and 9 meters in length.  A larger size culvert may be required depending on the contributing drainage area, as determined by the Director.  Side slopes shall be no steeper than ratio of 2 (horizontal) to 1 (vertical).

Only new standard corrugated steel pipe with a minimum wall thickness of 1.6 mm for pipes size up to 1,200 mm or high-density polyethylene (HDPE) materials 320 kpa for entrances and 210 kpa for front yard ditch filling; approved by the Director shall be used.  The wall thickness for corrugated steel pipes with a larger diameter than 1,200 mm shall be evaluated on a case by case basis.

Culverts shall be installed at the proper grade so as to provide free and unimpeded flow of water through the culverts.

The culvert shall be centred on the entrance and in the ditch line unless otherwise approved by the Director.  The invert of the culvert must be set plus or minus 150 mm below the existing ditch grade.

A front yard fill application could be denied if it implies a connection to a cross-culvert inlet or outlet that would cause restrictions in the maintenance or replacement of that cross-culvert.

The use of water tanks, barrels, concrete blocks, concrete pipe, used corrugated steel pipe or used plastic pipe shall not be permitted.

Applicants shall acknowledge that they may be required to submit a site grading plan depicting the existing topography and the proposed site grades, spot elevations, swales, cross-sections etc., at the discretion of the Director.

Applicants shall acknowledge that they may be required to install catch basins, clean-outs, inlet and other structures as may be necessary to facilitate drainage from or alongside the road, at their cost.  Only new manufactured components (grills, tees, catch-basins, manholes, couplers, etc.) of the exact same type and size as the pipes shall be used for the construction of the front yard fill and entrance.

Minimum culvert length
Ditch depth(measured from top of entrance)Culvert Length ResidentialCulvert Length Commercial & AgriculturalCulvert Length Crop Harvesting
 Less than 1.0 metre  9 metres  12 metres  31 metres
1.0 meter to 1.5 metres  11 metres  14 metres  33 metres
1.5 metres to 2.0 meters  13 metres  16 metres  35 metres
2.0 metres to 2.8 metres  16 metres  20 metres  38 metres
 More than 2.8 metres  20 metres  25 metres  45 metres

 Schedule E
 

Minimum Insurance Requirements

The land owner, at the application process and prior to the commencement of work, obtain and maintain until the termination of the contract or otherwise stated, provide the City of Clarence-Rockland with evidence of:

Commercial General Liability Insurances 

Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $2,000,000. per occurrence / $2,000,000. annual aggregate for any negligent acts or omissions by the land owner relating to their obligations under this Agreement.  Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; broad form completed operations; owners & contractors protective; occurrence property damage; products; employees as Additional Insured(s); contingent employers liability; tenants legal liability; cross liability and severability of interest clause

This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the City.  The land owner shall indemnify and hold the City of Clarence-Rockland harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the land owner, their employees or other persons for whom the land owner is legally responsible.

Automobile Liability Insurance

Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $1,000,000. inclusive  for each and every loss.

Environmental Impairment Liability (if applicable)

The Contractor shall effect and maintain Environmental Impairment Liability with a limit of not less than $1,000,000. Per Incident /Annual Aggregate.  Coverage shall include Third Party Bodily Injury and Property Damage including on-site and off-site clean-up.  If such insurance is issued on a claims made basis, such insurance shall be maintained for a period of two years subsequent to conclusion of services provided under this Agreement.

Should the land owner hire a contractor to carry out the work on their behalf, the contractor shall provide the City of Clarence-Rockland with evidence of the following Insurance:

Commercial General Liability Insurance

Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000,000. per occurrence / $5,000,000. annual aggregate for any negligent acts or omissions by the contractor while carrying out the work associated with the road permit.  Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; broad form completed operations; owners & contractors protective; occurrence property damage; products; employees as Additional Insured(s); contingent employers liability; tenants legal liability; cross liability and severability of interest clause

Such insurance shall add the City of Clarence-Rockland and the land owner as Additional Insured with respect to the operations of the contractor.  This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the City and/or land owner.  The contractor shall indemnify and hold the City of Clarence-Rockland and the land owner harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the contractor, their officers, employees or other persons for whom they are legally responsible.

Automobile Liability Insurance

Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $5,000,000. inclusive for each and every loss.

Environmental Impairment Liability (if applicable)

The Contractor shall effect and maintain Environmental Impairment Liability with a limit of not less than $2,000,000 Per Incident /Annual Aggregate.  Coverage shall include Third Party Bodily Injury and Property Damage including on-site and off-site clean-up.  If such insurance is issued on a claims made basis, such insurance shall be maintained for a period of two years subsequent to conclusion of services provided under this Agreement.

Contractor's Pollution Liability

The Contractor shall carry a Contractor’s Pollution Liability Policy, underwritten by an insurer licensed to conduct business in the Province of Ontario for a limit of not less than $2,000,000.   The policy shall provide coverage on a gradual release for pollution conditions as a result of the operations performed at the job site.  Coverage shall include bodily injury, property damage, clean-up and remediation costs.  The Contractor shall purchase at minimum a 1 Year Extended Reporting Endorsement.

Professional Liability Insurance

Where the application involves or requires design of any part of the work, the Contractor shall take out and keep in force Professional Liability insurance in the amount of $1,000,000.00 providing coverage for acts, errors and omissions arising from their professional services performed pursuant to this By-law and any permit issued. The policy SIR/deductible shall not exceed $100,000 per claim and if the policy has an aggregate limit, the amount of the aggregate shall be double the required per claim limit. The policy shall be underwritten by an insurer licensed to conduct business in the Province of Ontario and acceptable to the City. 

All policies of insurance required herein shall add the City of Clarence-Rockland and the land owner as Additional Insured with respect to the operations of the contractor.  This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the City and/or land owner.  The contractor shall indemnify and hold the City of Clarence-Rockland and the land owner harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the contractor, their officers, employees or other persons for whom they are legally responsible.

The above noted policies shall not be cancelled, altered or lapsed unless the Insurer notifies the City in writing at least thirty (30) days prior to the effective date of the change or cancellation.

Prior to commencement of work, the land owner and / or contractor shall furnish the City with a certificate of insurance or copies of the policies confirming the aforementioned insurance. The insurance policy will be in a form and with a company which are, in all respects, acceptable to the City.  The insurance must be underwritten by an insurer licensed to conduct business in the Province of Ontario.

Procedure - 2017-154 *

En anglais seulement

Un règlement concernant les délibérations du conseil et des comités de la Corporation de la Cité de Clarence-Rockland.

Télécharger le règlement 2017-154

Procurement - 2019-41

En anglais seulement

Whereas Section 271 of the Municipal Act, 2001, as amended provides that a municipality shall adopt and maintain policies with respect to its procurement of goods and services;

Now therefore be it resolved that the council of the corporation of the city of Clarence-Rockland enact as follows:

1. General provisions

The purpose of this by-law is to establish a policy for the procurement of goods and/or services which supports providing ethical, professional and accountable delivery of programs and services to the residents of the City in a manner which protects the integrity of the City, the public and the participants in the competitive procurement process. Hence, the goals of this By-law are to:

1.1             Encourage competitive bidding;

1.2             Ensure objectivity and integrity of the competitive procurement process;

1.3             Ensure fair and equitable treatment of all bidders;

1.4             Ensure openness, accountability and transparency while protecting the financial best interests of the City;

1.5             Obtain the best value when procuring goods and/or services for the City;

1.6             Maintain timely and relevant policies and procedures by reviewing this by- law, at minimum, within five (5) years of the approval date to evaluate its effectiveness. This review shall be undertaken by an ad hoc committee of directors or designates the final result of which shall be comprised of a report to Council by the Director of Finance. This provision is intended to set a target date for a future review of this by-law and the failure to conduct a review within the time period set out shall not have an effect on the validity of this by-law;

1.7             Avoid conflicts between the interests of the City and those of the City’s employees and members of Council; and

1.8             Ensure compliance with applicable International / Inter-Provincial trade treaties or agreements, as amended.

2. Definitions

Award

Is when the contract has been signed by both the vendor and the City or a purchase order has been issued.

Bid

Is a quote, tender or proposal submitted to the City in response to a bid solicitation.

Bidder

Is a legal entity that submits a bid.

Bid Irregularity

Is a defect contained within a response to a bid solicitation.

Bid Dispute

Is a written complaint provided to the Manager of Supply by a bidder giving specific reasons of the complaint against the methods employed or decisions made by the City in the process leading to the award of a contract.

Bid Solicitation

Is an invitation for bids from the City for the purpose of entering into a contract.

Black Out Period

Is the period of time that starts when the bid solicitation is issued, and ends at the award.

City

Is the Corporation of the City of Clarence-Rockland.

Chief Administrative Officer

Is the Chief Administrative Officer as appointed by the Council of the Corporation of the City of Clarence-Rockland or his/her designate.

Client Department

Is the City Department who has budgeted for the goods and/or service.

Competitive

Is a procurement process where more than one bidder is provided the opportunity to submit a bid.

Compliant

Means the response to the bid solicitation conforms to the mandatory requirements contained in the bid solicitation.

Conflict of Interest

•        is defined as a situation or circumstances, real or perceived that could give a bidder or potential bidder an unfair advantage during a competitive procurement process or compromise the ability of a contractor to perform its obligations under their contract.

•        is a situation when a City employee or a member of their family has a direct financial interest in a contract or proposed contract with the City, and where the City employee could directly influence the decision made in the course of performing their job duties, and also where they could indirectly influence the decision through exerting personal influence over the decision-makers.

Consulting Services

Are services of an advisory nature required to support policy development, decision-making, administration, or management of a business or public entity; generally provided by individuals or organizations who possess specific knowledge, technical skills or unique abilities not usually available in-house or from within the City.

Contract

Is a binding agreement between two or more legal entities, awarded under this Procurement By-law.

Contractor

Is any legal entity to which a contract is awarded.

Council

Is the Council of the Corporation of the City of Clarence-Rockland.

Department

Is any department in the City of Clarence-Rockland

Delegation of Authority

Is when a person in authority appoints some or all of their authority to other City employees.

Designated

Means an employee designated by a Director and approved by the Chief Administrative Officer to exercise any or all responsibilities with respect to this Policy.

Director

Is any Director or designate of a department within the City of Clarence-Rockland.

Family Member

Is a spouse (including common law spouse), parent, grandparent, sibling, child, grandchild, niece, nephew, uncle, aunt or cousin of the City employee.

Goods

Means personal property, including raw materials, products, supplies, equipment and other physical objects of every kind and description but does not include real property.

Lease

An agreement by which one party (lessee) leases from a second party (lessor) equipment or space for a specified period of time at a predetermined cost.

Litigation (Pending)

Is whereby a potential claimant has demonstrated or manifested an intention to assert a possible claim.

Manager of Supply

Is the Manager of Supply and Processes of the City or designate.

Non-compliant

Means the response to the bid solicitation does not conform to the mandatory requirements contained in the bid solicitation.

Payment Card

Is a credit card used by authorized employees to pay for goods.

Procurement means

•        purchasing, renting, leasing, or otherwise acquiring any goods and/ or services or construction; includes all functions that pertain to the acquisition, including the description of requirements, preparation, solicitation, selection and award of the contract and all phases of contract administration; and

•        the combined functions of purchasing, inventory control, transportation, receiving, inspection, storekeeping, salvage and disposal operations.

Supply Department

Means the section of the Finance Department that is responsible for the procurement of goods and/ or services for the City.

Professional Services

Services rendered by members of a recognized profession or possessing a special skill. Such services are generally acquired to obtain information, advice, training, or direct assistance.

Proponent

A legal entity that submits a proposal.

Proposal

Is a submission received in response to a Request for Proposal, acceptance of which may be subject to further negotiations

Purchase Order

Means

a)     a written confirmation of the procurement of goods and / or services at a specific cost and required for any procurement of goods and / or services.

b)     may be used as the City’s contract with the vendor to formalize all the terms and conditions of a proposed transaction, such as a description of the requested items, delivery schedule, terms of payment, and transportation.

Quotation

is a submission received in response to a Request for Quotations.

Request for Expression of Interest (REI)

is an information gathering exercise, where the City makes a request to the market for the purpose of compiling a list of potential bidders who may be interested in providing goods and/or services to the City. This process does not create any contractual obligations.

Request for Information (RFI)

Is an information gathering exercise, where the City makes a request to the market for the purpose of compiling market information on goods and/or services. This process does not create any contractual obligations.

Request for Pre-Qualification (RPQ)

Is a request for the submission of information from potential bidders, that may include, but not limited to, experience, education, financial strength, and capabilities. Typically, a RPQ is a pre-cursor to a tender and multiple bidders are pre-qualified.

Request for Proposal (RFP)

Is a request for submissions focused on obtaining best-value where price is not the only evaluation factor as other evaluation criteria such as experience of personnel / bidder, methodology, and approach, among other things are weighted.  The pre-defined evaluation process, once applied, will reveal the successful proponent that obtained the highest scoring proposal, not necessarily the lowest priced.

Request for Quotation (RFQ)

Is a request for submissions where the specifications are defined and the successful bidder of the RFQ is the lowest compliant bidder and the value of the procurement is under $50,000.

Request for Tender (RFT)

Is a request for submissions where the specifications are pre-defined, confirmed in evaluation as being compliant and the successful bidder of the competition is the lowest compliant bidder

Request for Standing Offers (RFSO)

Is a request for standing offers where unit pricing for known goods or defined services of defined skills sets is the primary evaluation factor or other evaluation criteria such as experience of personnel / bidder, availability, or quality, among other things are considered. The successful proponents of the RFSO are made potential vendors for goods or services that are later set within a defined scope of work.

Scope of Work

Is the work that has been described in a bid solicitation that must be done to deliver the goods and/or services with the specified features and functions within the time, quality and price specified.

Services

Is any professional or general service work performed which does not result in the delivery of goods, e.g. repairs, training, surveys, consulting, etc.

Sole Sourcing

Is any procurement made where the procurement of goods and/or services is unique to a particular vendor and cannot be obtained from another source.

Single Sourcing

Is any procurement made where the procurement of goods and/or services is from a particular vendor rather than through bid solicitation from other vendors who can also provide the same goods and/or services.

Tender

Is a submission received in response to a Request for Tender

Value for Money/Best Value

Is a value-for-money approach which aims to deliver goods and / or services with a lower total life-cycle cost while maintaining a high standard.

Vendor

Is a supplier / seller of goods and/or services.

3. Application of by-law

This Procurement By-law shall apply to the procurement of goods and/or services for the purposes of all City Departments.  No expenditure, procurement or commitment shall be incurred or made, and no account shall be paid by the City for goods and/or services except as provided in this Procurement Bylaw or otherwise approved by Council.

4. Ethics

The Ontario Public Buyers Association’s Code of Ethics is based on the following tenets and all City employees who are authorized to procure goods and / or services on behalf of the City are to adhere to the following:

4.1             Open and honest dealings with everyone who are involved in the procurement process. This includes all businesses with which the City of Clarence-Rockland enters into contracts with or from which it procures good and/ or services, as well as all City employees and of the public who utilize the services of the Supply Department section of the Finance Department;

4.2             Fair and impartial award recommendations for all contracts and tenders. This means that the City does not extend preferential treatment to any vendor, including local companies, as is it not good business practice since it limits fair and open competition for all vendors and is therefore a detriment to obtaining the best possible value for each tax dollar;

4.3             An irreproachable standard of personal integrity on the part of all those designated as procurement agents for the city. Absolutely no gifts or favors are accepted by the procurement agents for the City of Clarence-Rockland in return for business or the consideration of business. Also, the procurement agents of the City of Clarence-Rockland shall not publicly endorse one company in order to give that company an advantage over others;

4.4             Cooperation with other public agencies in order to obtain the best possible value for every tax dollar. The City of Clarence-Rockland may participate with other government agencies or public authorities in co-operative purchasing where it is in the best interests of the City to do so; and

4.5             Continuous development of procurement skills and knowledge. All members of the Supply Department shall take advantage of the many opportunities provided by the various purchasing associations to further their knowledge of good public procurement principles and to maintain excellent skills.

5. Accountability and responsibility

5.1  Chief Administrative Officer

The Chief Administrative Officer has the authority to instruct directors not to award contracts and to submit recommendations to Council for approval and may provide additional restrictions concerning procurement where such action is considered necessary and in the best interest of the City

5.2 Directors

Each Director shall be responsible for:

5.2.1        The preparation and submission of reports for award of the contracts in accordance with this Procurement By-law;

5.2.2        Preparation of market ready specifications, scope of work or terms of reference;

5.2.3        That an original copy of all contracts be provided by the Director to the City Clerk;

5.2.4        Contract review and inspection to ensure that the scope of work, good and/ or services is being delivered in accordance with the contract;

5.2.5        Informing the Supply Department of any discrepancies with the receipt of goods and / or services, if required;

5.2.6        Authorizing the payment of bills;

5.2.7        Review of contractor performance;

5.2.8        For procurement activities within their departments and are accountable for achieving the specific objectives of the procurement project;

5.2.9        To award contracts in the circumstances specified in this By-law provided that the delegated power is exercised within the limits prescribed in this By-law, and the requirements of this by- law are met.

5.2.10     In conjunction with Supply Department shall provide evidence that the contract pricing represents fair market value;

5.2.11     In conjunction with the City Treasurer shall select the appropriate means to guarantee execution and performance of the contract. Means may include one or more of, but are not limited to, financial bonds or other forms of security deposits, provisions for liquidated damages, progress payments, and holdbacks.

Guarantees should:

a)       Not be excessive but sufficient to cover financial risks to the City;

b)       Provide flexibility in applying leverage on a supplier so that the penalty is proportional to the deficiencies, and;

c)        Comply with provincial statutes and regulations.

d)       Prior to publishing proposals ensure financial bonds for contract performance shall only be required where the City will be exposed to costs if the contractor does not complete the requirements of the contract.

5.2.12     Prior to commencement of work Directors will provide evidence of satisfactory insurance, ensuring indemnification of the City of Clarence-Rockland from any and all claims, demands, losses, costs or damages resulting from the performance of a supplier’s obligations under the contract;

5.2.13     Prior to payment to a supplier, the Director will obtain, a Certificate of Clearance from the Workplace Safety and Insurance Board ensuring all premiums or levies have been paid to the Board to date.

5.2.14     Approval of accounts within the approved budget for such department or any amendment to same as approved by Council;

5.2.15     Standardizing the use of goods and/or services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law.

5.3 Treasurer

The Treasurer is responsible to and shall have the authority to:

5.3.1        Establish administrative procedures and policies for the implementation of this By-law;

5.3.2        Establish, through consultation with the Chief Administrative Officer, standards for bid solicitations, purchase orders, contracts and other documents;

5.3.3        Ensure open, fair and impartial purchasing processes for goods and/or services;

5.3.4        Ensure compliance with this By-law and advise the Chief Administrative Officer when there has been non-compliance.

5.3.5        Ensure quarterly review of purchasing authority delegation.

5.4 Manager of Supply

The Manager of Supply shall be responsible for:

5.4.1        Issuance and administration of the procurement process for the procurement of goods and/ or services, such as, but not limited to service contracts, IT Procurement, winter control, fleet requirements, consulting requirements, food services, fuel, natural gas, electricity;

5.4.2        Administration and interpretation of this Procurement By-law;

5.4.3        Ensuring compliance to this By-law and reporting non-compliance, in writing to the Client Department Director, Treasurer, and/ or Chief Administrative Officer;

5.4.4        Providing procurement advice including preparing bid documentation;

5.4.5        Checking and ensuring procedural compliance of bids;

5.4.6        Reviewing the specifications, scope of work or terms of references as prepared by the Client Department to ensure a level playing field among bidders;

5.4.7        Committing and coordinating co-operative procurement with other levels of government, municipalities, boards, agencies, commissions, or public sector entities where such procurement are determined to be in the best interests of the City;

5.4.8        Disposal of surplus and obsolete goods that had an initial procurement value over $10,000, or other goods if deemed to be in the best interest of the City

5.4.9        Review of reports prepared by other City employees for award of the contracts for compliance with this Procurement By-law;

5.4.10     Administration of a contractor performance program;

5.4.11     Committing and coordinating the consolidation of similar goods and / or services for the City in order to achieve volume discounts and administrative efficiencies;

5.4.12     Creation, amendment and deletion of policies, practices and procedures that support the objectives and application of this By-law; and

5.4.13     For awards of competitive contracts of a value of $50,000 or less, the Supply Department may award a contract on behalf of a Director provided that Supply is in receipt of a funded requisition and the requirements of this bylaw are met

5.4.14     The Manager of Supply will ensure the financial signing authority matrix is available to all Supply employees

5.4.15     The Supply Department employees will review the list prior to completing tasks that require approval.

6. Financial signing authority

A contract may be awarded under this By-law subject to the policies defined hereunder and pursuant to the financial signing authority matrix that is maintained by the City Treasurer.  Departmental staff involved in the procurement process should ensure that they have the latest financial signing authority matrix from the City Treasurer.

The City Treasurer shall provide updated financial signing authority matrix to the Manager of Supply each time there is a revision.

7. Delegation of authority

The Director has the ability to delegate their signing responsibility and the following process will be followed:

7.1             The Director shall prepare a Delegation of Authority Form Annex “A”;

7.2             The form shall provide evidence that the City employees listed have been delegated authority for the Procurement of Goods and/ or Services;

7.3             The form shall be updated immediately upon any change in City employees or position;

7.4             A copy of the form shall be sent to the City Treasurer each time there is a revision;

Once a responsibility has been delegated by the Director, City employees that have been provided delegated authority shall not have the authority to further delegate this authority to any other person.

8. Quarterly report to council

8.1             The Treasurer shall report on a monthly basis to Council all purchases that were exercised by City Staff for expenditures of $5,000.00 or greater.

8.2             The Manager of Supply shall submit to Council an information report

semi-annually containing the details relevant to the exercise of delegated

authority for all contracts awarded by Directors exceeding $50,000 and

Supply Services shall certify in the report that the awards are in

compliance with the Procurement By-law.

9. Report writing responsibility

Report writing responsibilities recommending Council approval for award will typically belong to the client department receiving the respective good and/ or services. Generally, the client department is best equipped and qualified for this

10. Formal bid process

10.1          All Bids (with the exception of submissions in response to Requests for Pre-Qualification) shall be received by the Manager of Supply or otherwise in accordance with the instructions in the bid solicitation, and opened in public at the time and place stated in the bid solicitation unless specified otherwise in the bid solicitation documents.

10.2          The opening of all bids shall be attended by the Manager of Supply or designate and the department head and/ or designate.

10.3          Closing times for sealed bids will be determined by the Supply Department, at the designated location.

10.4          Bid irregularities shall be administered in accordance with Schedule "A".

11. Bid deposits

11.1          Bid deposits or an Agreement to Bond shall be required to accompany bid submissions for all municipal construction projects with an estimated value of more than $100,000.00, excluding taxes, and for any other contract, scope of work or purchase as deemed appropriate by the department head.

11.2          All bonds must be originals, signed and sealed. No fax or photocopies will be accepted.

11.3          The bid bond must be issued by a bonding agency currently licensed to operate in the Province of Ontario naming the City as the oblige.

12. Bonding requirements

12.1          Performance, Labor and Material and/or Maintenance Bonds are required for all construction projects exceeding $100,000.00 for a minimum of 25% of the bid amount.

12.2          All bonds must be originals, signed and sealed. No fax or photocopies will be accepted.

12.3          The bond must be issued by a bonding agency currently licensed to operate in the Province of Ontario naming the City as the oblige.

13. Disposal of surplus and obsolete goods

Directors shall submit lists comprising assets exceeding $10,000.00 which are obsolete, damaged or surplus to that department’s needs.

13.1          All surplus assets shall first be offered to other departments within the Corporation.  Upon this first step, surplus assets to be offered outside the Corporation must be approved by the CAO.

13.2          All surplus assets not required by any department of the Corporation may then be offered to public sector agencies and charitable organizations within the City prior to any public disposal procedure, donation or sale to area municipalities.

13.3          Surplus assets may be donated to non-profit agencies or non-profit institutions.

13.4          Surplus assets must be sold by sealed bid or public auction through the, municipal website or any other online classified site(s).

13.5          The respective department shall be credited with the net proceeds, if any, from the disposal of its surplus assets unless otherwise authorized by the Chief Administrative Officer or Council

13.6          Surplus assets shall not be sold directly to an employee or to a member of Council, although this does not prohibit any employee or member of Council from purchasing surplus assets being sold through a public process.

13.7          At the discretion of the Manager of Supply, disposal of goods may be done by the Supply Department, irrespective of the value, if deemed to be in the City’s best interests.

14. Response time for bids

14.1          A minimum response time for bidders to submit a bid will be 15 working days for bid solicitations that are budgeted for $50,000 and over.

14.2          For more complex bid solicitations, more than 15 working days should be considered.

15. Monetary reference

15.1          All references to dollar amounts in this By-law are in Canadian dollars.

15.2          For bid evaluation purposes, all bids submitted in currencies other than Canadian dollars shall be converted to Canadian dollars, at the exchange rate established by the Finance Department.

15.3          All references to dollar amounts in this By-law do not include applicable taxes.

 

16. Procurement policies

The following are procurement policies that involve all of the procurement methods discussed in Section 17.0.

16.1          Designated departmental employees with sufficient financial signing authority are authorized to award contracts;

16.2          Recommended bidder is the lowest compliant bidder (s) meeting specifications in the case of a tender or the highest scoring proponent(s) in the case of a proposal;

16.3          The Manager of Supply will work with the Director’s to identify corporate opportunities to consolidate the procurement of goods and / or services to obtain such benefits such as volume discounting and administrative efficiencies;

16.4          The copies of the bids and any contract(s) that may result shall be kept on file by the Supply Department in accordance with the Corporate Records Retention By- law and for audit purposes;

16.5          Council approved budget authority exists for the procurement;

16.6          For capital contracts, the total project cost is within the approved capital budget amount. For multi-year operating contracts, the funding for future years can reasonably be expected to be made available if the funding is included in the current year’s approved budget.

17. Regular procurement (schedule “b” illustrates a summary of procurement methods)

17.1      Low Value Procurement ($0-$499)        

17.1.1     This acquisition process can be performed by staff delegated by the Director, or if they so desire, by the Procurement Services Department.

17.1.2     Directors are responsible to ensure only purchases, which can be demonstrated to have been made at fair value, shall be made

17.1.3     Request may be on a payment card or purchase order;         

17.2          Low Value Procurement ($500 up to but not including $2,500)

17.2.1     This acquisition process can be performed by staff delegated by the Director, or if they so desire, by the Procurement Services Department.

17.2.2     Directors are responsible to ensure only purchases, which can be demonstrated to have been made at fair value, shall be made

17.2.3     Request may be on a payment card or purchase order;

17.2.4      A minimum of three verbal quotes are requested; (Verbal quotes shall be recorded in writing by staff)

17.3          Request for Quotation ($2,500 up to but not including $50,000) / Bid

17.3.1     This acquisition process performed by the Procurement Services Department;

17.3.2     The Request for Quotation does not exceed $50,000;

17.3.3     A minimum of three bidders are requested to submit a bid;

17.3.4     Method of payment shall be a purchase order or agreement;

17.3.5     Three written quotes are required; (Written quotes shall be supplied by vendors)

17.4          Request for Tender ($50,000 up) / Bid

17.4.1     This acquisition process performed by the Procurement Services Department;

17.4.2     The bid is advertised on the City’s website and other sources such as the local paper, industry newspaper and other websites as required;

17.4.3     Director / CAO required to approve or award; Agreements if purchase does not exceed $10,000 of the approved budget;

17.4.4     Council Resolutions are required to approve award; Agreements signed by Mayor and City Clerk if purchase is over the approved budget by $10,000;

17.4.5     Method of payment shall be a purchase order or agreement.

17.4.6     Tenders will be opened publicly and the names of all the bidders and the total bid amount for all bidders will be disclosed publicly.

17.4.7     Recommended bidder is the lowest compliant bidder (s) meeting specifications.

17.5          Request for Proposal ($50,000 up) / Bid

17.5.1     This acquisition process performed by the Procurement Services Department;

17.5.2     The bid is advertised on the City’s website and other sources such as the local paper, industry newspaper and other websites as required;

17.5.3     Director / CAO required to approve or award; Agreements if purchase does not exceed $10,000 of the approved budget;

17.5.4     Council Resolutions are required to approve award; Agreements signed by Mayor and City Clerk if purchase is over the approved budget by $10,000;

17.5.5     Method of payment shall be a purchase order or agreement;

17.5.6     The technical section of the proposals and the declaration of acceptance will be opened publicly while sealed pricing envelopes will remain sealed until after evaluation of each criterion.

17.5.7     Recommended bidder is the highest scoring proponent.

18. Non-competitive procurement (schedule “b” illustrates a summary of procurement methods)

18.1          The City should employ a competitive procurement process for goods and / or services, but in special circumstances, a competitive bid process may not be possible or preferred. This is known as “non-competitive procurement”. Criteria for non-competitive processes are outlined in Schedule D. Non-competitive procurements include Single Sourcing, Sole Sourcing and Unsolicited Bids;

18.2          Non-competitive Low Value Procurement (up to but not including $5,000)

18.2.1     Request may be on a payment card or purchase order;

Process Approval, Manager of Supply;

18.2.2     Approval, Manager and Director

18.2.3     Written quote is required.

18.3          Non-competitive moderate value $5,000 up to but not including $50,000

18.3.1     Process Approval, Manager of Supply;

18.3.2     Approval, Chief Administrative Officer;

18.3.3     Method of Payment Purchase Order/Agreement

18.4          Non-competitive High value > $50,000

18.4.1     Process Approval, Manager of Supply;

18.4.2     Must be approved by City Council;

18.4.3     Method of Payment Purchase Order/Agreement

19. Emergency Procurement

19.1          When an event occurs that is determined by the Chief Administrative Officer to be a threat to public health, the maintenance of essential City services, the welfare of persons or of public property, the protection of the City’s physical assets, or the security of the City’s interests and the occurrence requires the immediate delivery of goods and/ or services and time does not permit the issuance of competitive bids to acquire such goods and/ or services the Chief Administrative Officer after advising the Mayor  may make such procurement without the involvement of the Manager of Supply or a competitive bid process and is authorized to do so in the most expedient and economical means possible.

19.2          In the case of a declared emergency the City’s Emergency Response Plan will supersede this By-law;

19.3          The Chief Administrative Officer will report emergency procurement to City Council at the next Council meeting.     

20. In-house Bids

20.1          In-house bids are a process that allows for internal staff to compete with external entities for procurement opportunities.

20.2          If in-house bids are considered the City must advise all potential suppliers in the bid documents that in-house departments will be permitted to submit bids.

20.3          The direct and indirect costs (e.g. Dollars, staffing, technology and equipment) required to produce the activities are fairly attributed and are fairly evaluated against external bids.

20.4          In­ house bids need to be arms-length from all aspects of the procurement process. This includes defining the scope of the work, preparing and circulating the bid document, evaluating the bids, negotiating the contract and monitoring performance and addressing poor   performance. This is to promote objectivity, avoid conflicts and challenges to the process.

21. Request for pre-qualification

The Manager of Supply is authorized to conduct a Request for Pre-Qualification process. This is typically used in a stepped procurement process for larger projects or projects where there are significant risks.

22. Request for expression of interest / request for information

The Manager of Supply is authorized to conduct a Request for Expression of Interest or a Request for Information. A Request for Expression of Interest or Request for Information may be conducted as a preliminary step before a Request for Tender, Request for Quote, Request for Proposal or a Pre-Qualification process.

23. Standing offer purchases

23.1          A Request for Standing Offer may be used where: (a) one or more clients repetitively order the same goods or services and the actual demand is not known in advance, or a need is anticipated for a range of goods, services and construction for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made when a requirement arises.

23.2          The Supply Department shall establish and maintain standing offers that define source and price with selected suppliers for all frequently used goods or services.

23.3          To establish prices and select sources, the Supply Department shall employ the provisions contained in this By-law for the acquisition of goods, services and construction.

23.4          More than one supplier may be selected where it is in the best interests of the City and the bid solicitation allows for more than one. In circumstances where competition results in a large number of offers from vendors, which offers exceed the needs of the City, the Supply Department is authorized to approach the highest ranked vendors to negotiate lower unit rates for the goods or services in return for a reduction in the number of firms authorized to provide the goods or services or the offer of a firm contractual commitment by the City.

23.5          Where purchasing action is initiated by a department for frequently used goods or services for which a standing offer is in place and the value of the purchasing action exceeds $2,500, it is to be made with the supplier or suppliers listed in the standing offer.

23.6          In a Request for Standing Offer, the expected quantity of the specified goods or services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change usage.

23.7          A call-up against a standing offer is considered to be an individual contract, and the normal contract award prescribed limits apply, unless otherwise stated in the original approval document.

24. Exemptions

Upon approval of the CAO of an exemption request, the Department Head is to submit a report to Council about such request exemption from any or all of the purchasing methods outlined in this policy. Such exemption must be granted through a resolution and a copy must be forwarded to the Finance Department.

25. Prescribed council approval

25.1          Despite any other provision of this By-law, the following contracts are subject to Council approval:

25.1.1     Any contract requiring approval from the Ontario Municipal Board;

25.1.2     Any contract prescribed by Statute to be made by Council;

25.1.3     Where the cost amount proposed for acceptance is higher than the Council approved department estimates and the necessary adjustments cannot be made;

25.1.4     Where the revenue amount proposed for acceptance is lower than the Council approved department estimates;

25.1.5     Where a major irregularity precludes the award of a tender to the supplier submitting the lowest responsive bid;

25.1.6     Where authority to approve has not been expressly delegated; and

25.1.7     Where a contract is a result of a public private partnership (“P3”) opportunity.

25.2          No provision of the By-law precludes a Director or the Supply Department from submitting an award to Council where:

25.2.1     In the opinion of a Director, it is in the best interest of the City to do so; or

25.2.2     It is a matter of procurement procedure and, in the opinion of Supply Department; it is in the best interest of the City to do so.

26. Negotiation

26.1          Notwithstanding that negotiation may be a component of another procurement process, negotiation may be used for purchases of goods and/or services when any of the following criteria apply:

26.1.1     The required goods and/or services are in short supply;

26.1.2     Competition is precluded due to the existence of any patent right, copyright, technical secret or control of raw material;

26.1.3     A sole source has been approved;

26.1.4     Two (2) or more identical bids are received;

26.1.5     The lowest compliant bid received meeting all specifications exceeds the budget amount;

26.1.6     The extension of an existing contract would be more effective;

26.1.7     Only one (1) bid is received in response to a bid solicitation;

26.1.8     The bid solicitation process has been cancelled without award;

26.1.9     There is Council authorization to do so.

26.2        All purchases shall be authorized in accordance with the purchasing authorities set out in Schedule "B” and all contracts shall be signed as set out in the bid solicitation documents or as otherwise set out in the Corporation’s delegation of authority.

27. Canadian content

The City will endeavor to achieve best value in its procurement of goods and/ or services. With this in mind, the City will not be bound to procure goods and/ or services based upon Canadian content.

28. Trade agreements

Procurement by the City may be subject to the provisions of trade agreements. Where an applicable trade agreement is in conflict with this By-law, the trade agreement shall take precedence. The Supply Department shall advise Directors where a procurement action may not conform to an applicable trade agreement as early as possible in the procurement process.

29. Advertising procurement opportunities

29.1          For goods and services procurement estimated at $100,000 or more and construction procurement estimated at $250,000 or more, the City is required to use an electronic advertising/tendering system providing equal access to potential vendors across the country. Other methods of advertising may be used in addition to an electronic system.

29.2          For construction procurements estimated between $100,000 and $250,000, the agreements require that at least one of the following methods is to be used:

29.2.1     An electronic advertising/tendering system providing equal access to potential vendors across the country

29.2.2     A daily newspaper (e.g. local newspaper, trade publications) designated by the City; or

29.2.3     Supplier lists, provided that the prequalification process is fair and open and allows other suppliers to qualify on an annual basis or each time if the qualification is for a specific project.

30. Local preference

30.1          The following two legislative documents prohibit municipalities from adopting a Local Preference Policy:

30.1.1     The Canada-European Union Comprehensive Economic and Trade Agreement (CETA); and

30.1.2     The Canadian Free Trade Agreement (CFTA).

30.2        The primary objective of the purchasing process is to acquire goods/services at the lowest possible cost, consistent with the demands of suitability, quality, service, and delivery capabilities.

31. Green procurement

31.1          The City will endeavor to acquire goods and/ or services that minimize impacts on the environment and perform efficiently and effectively. While evaluating goods and/ or services for procurement (including all aspects related to the production, transportation, use of operation, and replacement or disposal of goods) the following environmental factors will be considered in the addition to the specific requirements of the good and/or service:

31.1.1     Durable and reusable, as opposed to single use or disposable items;

31.1.2     Non-toxic or least toxic option, preferably compostable or biodegradable;

31.1.3     Reduce greenhouse gas and air pollutant emissions;

31.1.4     ENERGY STAR® rated if available or most energy-efficient option;

31.1.5     Recyclable, but if not recyclable, may be disposed of safely, or, vendor will take back good at its end of life;

31.1.6     Made from recycled materials;

31.1.7     If made from raw materials, they have been obtained and manufactured in an environmentally sound, sustainable manner;

31.1.8     Results in minimal or no environmental damage during normal use or maintenance;

31.1.9     Minimum packaging (consistent with the care of the good), preferably made of reusable, recycled or recyclable materials;

31.1.10  The lifecycle cost of the good through the acquisition, operation, and end of good life, including environmental impacts (a cradle to grave approach);

31.1.11  Reusable shipping packaging.

32. Accessibility when acquiring goods and/or services

In accordance with the Human Rights Code, Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005 and its regulations, and specifically the Integrated Accessibility Standards, Ontario Regulation 191/11, Part 1, sections 5 and 6, accessibility requirements will be incorporated into the specifications with respect to the Procurement of goods and/ or services. Where possible, when a RFP competition is conducted, accessibility will be one of the evaluation criteria that will be considered in the decision making process.

33. Disclosure of information

The Manager of Supply will not disclose commercial information, such as unit pricing and detailed information provided on potential solutions. Nonetheless, it should be noted that all information collected by the City is subject to the Municipal Freedom of Information and Protection of Privacy Act.

34. Tie bids

34.1          If two equal bids are received, a means of breaking the tie consistent with the provisions of the solicitation shall be employed.

34.2          Factors to be considered in breaking the tie include:

34.2.1     Prompt payment discount;

34.2.2     When delivery is an important factor, the bidder offering the best delivery date be given preference;

34.2.3     A bidder in a position to better provide after sales service, with a good record in this regard, be given preference;

34.2.4     A bidder with an overall satisfactory performance record is given preference over a bidder known to have an unsatisfactory performance record;

34.3         Where two (2) or more Proposals achieve a tie score on completion of the evaluation process, the Purchaser shall break the tie by “flip of a coin”.  This action shall be taken in the presence of both Bidders.

34.4         If two Bids in response to a Tender or Request for Quotation are found to be equal in price, quality and service, the successful Bidder shall be chosen by “flip of a coin”.  This action shall be taken in the presence of both low Bidders.

If more than two Bidders are equal in all three areas – price, quality, service – the determination of the successful Bidder shall be established in the presence of the low Bidders by Lot (drawing a name from a container).

35. Bid Irregularities

Bid irregularities will be dealt with according to Schedule A. This schedule will be included in all procurement documents where the procurement is greater than $50,000. The evaluation of bid irregularities is not limited to the criteria set out in Schedule “A” and shall include such matters as Council deems appropriate in its sole and absolute discretion.

36. Contract extensions

36.1           The standard practice when a contract is or will be expiring is to conduct a new competitive process. Once all contract extensions within the contract have been exhausted, contracts may be extended at the discretion of the Manager of Supply if the situation warrants it.

36.2           If a contract extension is being sought from Council, the Manager of Supply will be provided an opportunity to review and provide comment on the report.

37. Form of contract

37.1       An award will require a formal written agreement or a purchase order.

37.2      A purchase order will; be used when the resulting contract is deemed straightforward, in the opinion of the department head, in consultation with the Treasurer, and will refer to the Corporation's standard terms and conditions outlined in the bid solicitation.

37.3     A formal written agreement satisfactory to the CAO shall be used when the resulting   contract is deemed complex, in the opinion of the department head, in consultation with the Treasurer.

37.4     It shall be the responsibility of the department head in consultation with the CAO to   determine if it is in the best interest of the Corporation to establish a formal written agreement with the supplier.

38. Payment card

The City’s Payment Card should be used as a payment tool for low dollar procurement and City employees are still required to adhere to the Procurement Bylaw.

39. Other entities

If the Manager of Supply administers a procurement process for any other entities, then the other entities will be governed by this Procurement By-law for the particular goods and/ or services that is procured.

40.     Record retention

40.1       The City of Clarence-Rockland shall keep records of procurement, as well as any other pertinent information, for reporting and audit purposes. The length of time for this record retention will be in accordance with the Corporate Records Retention By-law. Some examples of records that should be retained include:

40.1.1     The approvals obtained;

40.1.2     Copies of procurement documents used to qualify and select vendors;

40.1.3     Copies of award letters, notices and posted announcements;

40.1.4     Copies of agreements;

40.1.5     Changes to the terms and conditions of the agreement, especially changes in the agreement price;

40.1.6     Contractor performance, such as performance monitoring and management and knowledge transfer;

40.1.7     Receipt of deliverables;

40.1.8     Any other documentation related to procurement.

40.2       Whoever is responsible for the administration of the procurement process shall be responsible for the record retention of that particular procurement.

41. City employee benefits

City employees will not be able to benefit by procuring goods from the City at the City’s net cost.

42. Prohibitions and compliance

42.1     All persons involved in the procurement of goods and/or services provided for in this By-law, shall act in a manner consistent with the requirements and objectives of this By-law.

42.2     No City employee shall divide the procurement of goods and/ or services with the intent of avoiding monetary limits or the requirements of this By-law.

42.3       No goods and/ or services shall be procured under this By-law by any person unless:

42.3.1     The goods and/ or services are legitimately for the purposes of the City, or for any other entities on whose behalf the procurement is being undertaken; and

42.3.2     To the best of that person’s knowledge and belief, the funds for the procurement of the goods and/ or services are available with the approved budget or the procurement is expressly made subject to funding approval and, to the extent that they may be required, funds are available from any other entities on whose behalf the procurement of goods and/ or services is also being made.

42.4     No City employee shall directly or indirectly influence the bidding process to obtain goods and/ or services on behalf of the City from their family member.

42.5     No City employee will directly or indirectly influence the sale of City assets to any family member.

42.6       Members of Council, appointed officers and City employees shall not knowingly cause or permit anything to be done or communicated to anyone which is likely to cause any potential vendor or contractor to have an unfair advantage in obtaining a contract for the supply of goods and/ or services to the City, or other entities involved in the procurement of goods and/ or services either jointly or in co-operation with the City.

42.7       Member of Council shall separate themselves from the procurement process and have no involvement whatsoever in specific procurements. Members of Council should not see any documents or receive any information related to a particular procurement while the procurement process is ongoing. Members of Council who receive inquiries from bidders related to any specific procurement shall immediately direct those inquires to the Manager of Supply.

The only exception to Article 42.7 will be at the discretion of the Chief Administrative Officer or the delegate actively involved in the procurement process to ensure fairness and integrity of the process

42.8       No City employee shall knowingly cause or permit anything to be done which will jeopardize the legal validity or fairness of any procurement of goods and/ or services under this By-law or which is likely to subject the City to any claim, demand, action or proceeding as a result of such act or omission.

42.9       Unauthorized procurement by City employees and flagrant disregard for the Procurement By-law or procurement policies and procedures is not acceptable. With an aim to inspire Procurement By-law adherence and minimize the possibility of City embarrassment and potential liability, the responsibility for payment may become that of the individual who procured the goods or services.

43. Conflict of interest

43.1       All Bidders shall disclose to the City prior to submitting a bid and/or accepting a contract, any actual or potential conflict of interest. If the Manager of Supply determines a conflict of interest exists, the City may at its discretion not consider the bid submitted or not award the contract or consider other bids or terminate the contract.

43.2       No goods and/or services shall be purchased for any elected or appointed officials, members of a board or commission, or for Corporation officers, employees or their immediate family, except in accordance with this policy.

43.3       Every elected official, appointed officer, employee of the Corporation or member of an employee's immediate family is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift or money;

43.4       All elected officials, officers or employees of the Corporation shall declare any conflicts of interest to the Chief Administration Officer and shall have no involvement in a purchasing process where a conflict of interest exists, including, but not limited to:

43.4.1     Requesting goods and/or services, setting the parameters of the purchase, evaluating bids or recommending, deciding or making awards;

43.4.2     Direct contact with those making those purchasing decisions, both in the Supply Department and the user department.

43.5       Suppliers shall not be allowed to submit a bid for any bid solicitation in which the supplier has participated in the preparation of the bid solicitation, and any such bid submitted shall be disqualified except where such supplier has been specifically authorized by Council to participate in such bid solicitation.

44. Blackout period

During the Blackout Period communication between bidders and City employees and between bidders and City Council is restricted. Bidders shall only contact the central point of contact identified in the bid document.

45. No lobbying

45.1       No bidder or potential bidder shall contact any member of Council or any City employee to attempt to influence the award of a bid. Any activity designed to influence the decision making process of a bid solicitation, including, but not limited to, contacting any member of Council or registering as a delegate to a Committee of Council meeting or Council meeting prior to an award of a contract or contacting City employees for such purposes as meetings of introduction, social events, meals or meetings related to a bid solicitation may result in disqualification of the bidder for the bid solicitation to which the influential activity is deemed to be directed.

45.2       Notwithstanding the above, this prohibition does not apply to meetings specifically scheduled by the City for presentations or negotiations, or to questions which employees of the Supply Department may pose from time to time for clarification of the City’s requirements.

45.3       The Manager of Supply’s sole discretion will determine what constitutes influential activity acting reasonably, and not subject to appeal.

45.4       At the discretion of the Manager of Supply, any bidder who violates any provisions of this Procurement By-law may be prohibited from further bid solicitation opportunities for up to three (3) years as determined by the Manager of Supply.

46. Bid dispute resolution

46.1       To maintain the integrity of the procurement process, bidders who feel that they have been treated unfairly shall contact the City’s contact listed on the bid document to request a debriefing in which the issues of concern may be discussed.

46.2       Should the debriefing meeting fail to satisfy the bidder, an appeal of the award decision may be requested in writing to the Manager of Supply within ten (10) days of the debriefing meeting.

46.3       The appeal shall be reviewed by a Dispute Committee. The Dispute Committee shall be comprised of the original city team members that participated in the procurement process, Chief Administrative Officer, Treasurer and the Manager of Supply.

46.4       The matter will be considered closed after the Dispute Committee’s decision.

47. Litigation and bidders

The City shall not consider any bids submitted by a bidder that is in active or pending litigation against the City. Potential bidders who are involved with the City in litigation matters can represent a compromised effort and a higher likelihood of future problems and liability.  For these reasons such vendors will be disqualified.

48. Suspension of bidders

The City may, in its sole discretion, disqualify a supplier from bidding for up to three (3) years on any bid solicitation or reject a bid if a supplier:

48.1       Has, at any time, threatened, commenced or engaged in legal claims or litigation against the Corporation;

48.2       Is involved in a claim or litigation initiated by the Corporation;

48.3       Has had safety issues;

48.4       Has engaged in lobbying;

48.5      Previously provided Goods and/or Services to the Corporation in an unsatisfactory manner;

48.6       Has failed to satisfy an outstanding debt to the Corporation;

48.7       Has a history of illegitimate, frivolous, unreasonable or invalid claims against the Corporation or any other municipal government;

48.8       Is found to have colluded as a result of bidding or providing of goods or services to any municipal, provincial, or federal government or any of their agencies or corporations or legally related entities;

48.9       Provides incomplete, unrepresentative or unsatisfactory references; or

48.10    Has engaged in conduct that leads the Corporation to determine that it would not be in the Corporation’s best interests to accept the bid.

49. Severability

If any section or sections of this Procurement By-law or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of the Procurement By-law shall be deemed to be separate and independent there from and shall continue in full force and effect unless and until similarly found invalid or beyond the power of Council to enact.

50. Segregation of duties

At least three of the five functional procurement roles: Requisition, Budgeting, Commitment, Receipt and Payment must be segregated. Responsibilities for these roles must lie with different departments or, at a minimum, with different individuals.  Where it is not feasible to segregate these roles, i.e., for smaller organizations, adequate compensating controls approved by an external auditor must be put in place.

51. Payment for receipt of goods/services

Typically, the City shall not pay for goods and/or services prior to receiving them. Similarly, procurement deposits and advance payments will not generally be employed in the City’s business practices. Subscriptions and the procurement of Goods and/or services less than $5,000 which are procured via the internet represent two types of accepted exceptions.

Exceptions may be authorized by the Treasurer

52. Repeal

That the City of Clarence-Rockland 2016-60 is hereby repealed.

Read a first, second and third time and passed this 15th day April 2019. 

Guy Desjardins, Mayor                                     

Monique Ouellet, Clerk

 

 Schedule A - Bid Irregularities
 

The Manager of Supply has the authority to apply this table to the procurement processes that they are administering.

Bid irregularities will be dealt with in accordance with the following table:

Bid irregularities table
IrregularityConsequence
Late bids Automatic rejection, returned unopened to bidder
Bids received in an unsealed envelope

Automatic rejection

Bid submitted in a form other than the original Bid Form provided Automatic rejection, unless in the opinion of the City the information provided is complete and it is not a financial schedule that has been submitted in a form other than the original Bid Form provided
Bid Form not signed or witnessed Automatic rejection
Bid Form signed by an authority to bind the company, but not witnessed​ Upon notification, two (2) business days to seal or witness or bid shall be rejected
Bid Form witnessed, but not signed by an authority to bind the company Upon notification, two (2) business days to sign or bid shall be rejected
Incomplete Bid

Automatic rejection, unless:

a) the competitive bid opportunity state that partial bids are acceptable, and the bid is complete in respect to the portion of the scope of work or deliverable(s) bid on; or

b) in the opinion of the City, the omission is of a minor nature and is remedied by the bidder within two (2) business days of notification. Incomplete pricing shall not be considered minor in nature and shall result in automatic rejection, with the exception of the irregularities stated in accordance with Item 6 and 7

If a unit price has been provided but the corresponding extended total has been omitted The extended total will be calculated from the unit price and the quantity specified, by the Owner
If an extended total has been provided but the corresponding unit price has been omitted. The unit price will be calculated from the extended total and the quantity specified, by the Owner
Mathematical errors which are not consistent with the Unit Price, such as tax calculation errors Upon notification, two (2) business days to correct or bid shall be rejected
Unit Price, which has been changed, not initialled but the corresponding extension is consistent with the amended Unit Price Upon notification, two (2) business days to initial or bid shall be rejected
Unit price, which has been changed, not initialled and the corresponding extension is not consistent with the amended Unit Price Automatic rejection
Transfer of an amount from one part of the submission to another is incorrect or incomplete Upon notification, two (2) business days to correct or Bid shall be rejected
Bid Bond, in the form, amount and irrevocability outlined in the Contract documents, not submitted Automatic rejection, unless the Bid Bond submitted is in excess of the competitive bid document requirements
Bid Bond not signed or sealed, as applicable Automatic rejection
Bids not completed in ink or typed format Automatic rejection
Alterations, additions, deletions or qualifying statements made to or provided with the Bid Form Automatic rejection, unless in the opinion of the City the statements provided do not qualify any pricing but are included for clarity purposes
Strikeouts, erasures, whiteouts or overwrites made to the Bid Form that are not initialled Automatic rejection, unless in the opinion of the City, the failure to initial is minor in nature and is capable of being remedied; upon notification, bidders shall have two (2) business days to initial or the bid shall be rejected. Un-initialled alterations to pricing shall be dealt with in accordance with Items 8, 9 and 10
Failure to have a representative in attendance and registered at a mandatory site visit Automatic rejection
Bidder has not been previously prequalified under a related prequalification process, where applicable Automatic rejection
Addenda have not been acknowledged:  
a) which have financial implications Automatic rejection
b) ​which have informational content Two (2) business days to acknowledge or bid shall be rejected

 Schedule B - Procurement Methods

 Procurement Method / Process Approval / Signing Authority and Method

 

Regular Procurement Method Table

Dollar ValueMethod   Process Approval  Signing Authority  Method ofPayment
Low Value <$500 Verbal quotation

Designate, Manager

CAO

Manager

Designate,

CAO
Payment card/ Purchase Order/ Invoice

Low Value

$500 up to not including $2,500

3 Verbal Quotes requested (see section 17.2)

P-Card, PO or RFSO

Manager, Director,

Designate,

CAO

Manager

Director

Designate

CAO

Payment card/ Purchase Order/ Invoice

Moderate value $2,500 up to but not including

$50,000

3 Written Quotes required. (see section 17.3)

RFQ or RFSO

Manager of Supply and Processes or Director

CAO

Manager

Director

CAO
Payment card/Purchase Order/Invoice

High Value Greater than $50,000

Within the Approved Budget

Request for Tender (RFT) or Request for Proposal (RFP) Manager of Supply and Processes or Director

CAO

Director

PurchaseOrder/

Invoice/Agreement

High Value Greater than $50,000

Outside the Approved Budget
Request for Tender (RFT) or Request for Proposal (RFP) Manager of Supply and Processes or Director

City Council

PurchaseOrder/

Invoice/Agreement

 

Non-Competitive Procurement
Dollar ValueMethodProcess ApprovalSigning AuthorityMethod of Payment
Low Value <$5,000 No method Manager of Supply and Processes or Director

Director

CAO
Payment card receipt/ Purchase Order/ Invoice

Moderate value $5,000 up to but not including

$50,000
PO Manager of Supply and Processes or Director

Director

CAO
Purchase Order/Invoice
Mid and High Value >$50,000  PO Manager of Supply and Processes or Director City Council Purchase Order/Invoice/Agreement

Emergency Procurement
Dollar ValueMethodProcess ApprovalSigning AuthorityMethod of Payment
Unlimited No Method CAO CAO Purchase Order / Invoice
 Schedule C - Exceptions
Exceptions from requirements for a procurement process

A procurement process is not required for the following items; dollar values will determine the signing authority if a contract is to be signed.

Petty Cash Items

Training and Education

  • Conferences
  • Courses
  • Conventions
  • Magazines
  • Memberships
  • Periodicals
  • Seminars
    1. City Employee development and training including all related, equipment, resources and supplies
    2. City Employee workshops including all related equipment, resources and supplies
      1. Subscriptions

Refundable Employee Expenses – reimbursed through payroll

  • Meal allowances
  • Miscellaneous – non-travel
  • Other expenses authorized under City policy

Corporate General Expenses

  1. Medicals
  2. On-going renewal of existing IM/IT related hardware & software licenses & maintenance support contracts, as well as contracts for Online Saas (Software as a service).
  3. Charges to or from other government agencies with approval from finance, including:
  • Regional permits
  • Cross boundary agreements
  • Fire dispatch agreements
  • Radio trunking license

Professional and special services

  • Legal services, including realty services such as appraisal, land survey, negotiations, and expert services in disciplines such as planning, landscaping, hydrogeology, economic forecasting, as may be needed to deliver legal and realty services.
  • The acquisition, disposition and leasing of land as outlined in the Delegated Authority By-law
  • Legal service related to HR matters determined by the Director of Human Resources or designate
  • Performance / artist’s fee / special events
  • Providers of artistic and recreational services, such as instructors, dance / yoga / gymnastic teachers, historical experts, artistic designers

Utilities

To include servicing and requested plant modifications / relocations related to construction

  • Postage & courier services
  • Water and sewage
  • Hydro
  • Gas
  • Telephone (basic services), cellular and wireless devices
  • Cable television charges
Other regulated authorities operating within and across municipal right of ways (e.g. CN Rail, Bell Canada)
 Schedule D - Non-Competitive Procurement
 

Criteria for non-competitive procurement (Single/Sole Source)

Pursuant to Section 18.0, a Non-Competitive Procurement may be conducted using a single or sole source vendor only if one or more of the conditions listed in either (a) or (b) below apply. The conditions listed in (a) apply to sole source and the conditions listed in (b) apply to single source. The Manager of Supply will have the right of final determination, and a process may be undertaken to obtain the best value under the circumstances for the City:

 

(a)            The goods and/ or services are only available from one vendor by reason of:

  • a statutory or market based monopoly; or
  • scarcity of supply in the market; or
  • the existence of exclusive rights such as patent, copyright or license; or
  • the complete item, service, or system is unique to one vendor and no alternative or substitute exists within Canada.

(b)            The goods and/ or services are available from more than one source, but there are good and sufficient reasons for selecting one supplier in particular, as follows:

  • An attempt to acquire the required goods and/ or services by soliciting competitive bids has been made in good faith, but has failed to identify a willing, capable and compliant supplier; or
  • The confidential nature of the requirement is such that it would not be in the public interest to solicit competitive Bids; or
  • The solicitation of competitive bids would not be economical to the City; or
  • Construction, renovations, repairs, maintenance etc. in respect of a building leased by the City may only be done by the lessor of the building, in accordance with a lease agreement; or
  • The goods are purchased under circumstances which are exceptionally advantageous to the City, such as in the case of a bankruptcy or receivership; or
  • It is advantageous to the City to acquire the goods and/ or services directly from another public body or public service body; or
  • Another organization is funding or substantially funding the procurement and has determined the supplier, and the terms and conditions of the commitment into which the City will enter are acceptable to the City; or
  • The procurement is for a particular brand of goods and/ or services that are intended solely for resale to the public and no other brand is desirable and the brand is not available from any other source; or
  • A need exists for compatibility with, or for the maintenance and support of a City standard and there are no reasonable alternatives, substitutes, or accommodations; or
  • A need exists to avoid violating warranties and guarantees where support or service is required for a City standard; or
  • Instructors, coaches, trainers and other specialized services for recreation programs for which bids cannot readily be called

Property standards - 2019-27

En anglais seulement

Being a by-law to provide standards for the maintenance and occupancy of property in the City of Clarence-Rockland.

Whereas section 15.1(3) of the Building Code Act, S.O. 1992, c.23 and amendments thereto, provides that a council of a municipality may pass by-laws to:

(1)       Prescribe standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards; and

(2)       Require property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings and structures; and

Whereas there are in effect in the City of Clarence-Rockland official plans which include provisions relating to property conditions; now

Therefore the municipal council of the Corporation of the City of Clarence-Rockland hereby enacts as follows.

Section 1 General 

1.1       Short title

This by-law may be cited as the "property standards by-law" of the City of Clarence-Rockland.

Section 2 definitions

2.1       "accessory building" means a detached building or structure, not used for human habitation that is subordinate to the primary use of the same property.

2.2       "apartment building" means a building containing more than four dwelling units with individual access from an internal corridor system.

2.3       "approved" means acceptance by the property standards officer.

2.4       "basement" means that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade.

2.5       "building" as defined in the Ontario Building Code Act, as amended.

2.6       "cellar" means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling below the average exterior finished grade.

2.7       "committee" as defined in the Ontario Building Code Act, as amended.

2.8       "corporation" shall mean the Corporation of the City of Clarence-Rockland.

2.9       "dwelling" shall mean a building or structure or part of a building or structure used or intended to be used as a domicile by one or more persons usually containing cooking, eating, living, sleeping and sanitary facilities and includes the land and premises appurtenant thereto and all outbuildings, fences or erections thereon or therein.

2.10     "dwelling unit" means a room or a suite operated as a house-keeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping and sanitary facilities.

2.11     "first storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6 ft.) above grade.

2.12     "guard" means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway and other locations as required to prevent accidental falls from one level to another.  such barriers may or may not have openings through it.

2.13     "habitable room" means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes.

2.14     "land leased community" means a community where buildings or portions of land is individually leased for living accommodation, but does not include mobile parks.

2.15     "maintenance" shall mean the preservation and keeping in repair of a property.

2.16      "means of egress" means a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp or other exit facility used for the escape of persons from any point within a building, a floor area, a room or a contained open space to a public thoroughfare usually located outside the building.

2.17     "multiple dwelling" means a building containing three or more dwelling units.

2.18     "non-habitable room" means any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room or other space for service and maintenance of the dwelling for public use and for access to and vertical travel between storeys and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this by-law.

2.19     "non-residential property" means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein.

2.20     "occupant" as defined in the Ontario Building Code Act, as amended.

2.21     "officer" shall mean a property standards officer who has been assigned by council with the responsibility of administering and enforcing this by-law.

2.22     "owner" as defined in the Ontario Building Code Act, as amended.

2.23     "person" shall mean an individual, firm, corporation, association or partnership.

2.24     "property" shall mean a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto.

2.25     "repair" as defined in the Ontario Building Code Act, as amended.

2.26     "residential property" means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces and fences associated with the dwelling or its yard.

2.27     "standards" shall mean the standards of physical conditions and occupancy set out in the by-law.

2.28     "toilet room" shall mean a room containing a water closet and a wash basin.

2.29     "yard" shall mean land other than publicly owned land, around and appurtenant to any property or any part of a building or structure and used or intended to be used or capable of being used in connection with said property and includes vacant land.

Section 3 Structural Soundness and Maintenance of All Buildings

3.1.      Every part of a building or structure appurtenant to a building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any load to which it normally may be subject.

3.2       Materials or objects on the exterior of buildings which have been damaged or show                evidence of decay or other deterioration shall be repaired or replaced.

3.3       Exterior walls and roof of a building and their components, including soffits and fascia, shall be maintained in good repair, weather tight condition, free from cracked, broken or loose materials, masonry units, stucco and other defective cladding or trim.  paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage.

3.4       Inside and outside stairs, porches, balconies, landings and their guards/handrail shall be maintained so as to be free of holes, cracks and other defects which may constitute accident hazards.  existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced.

3.5       The foundations, walls, columns, beams, floors and roof of building shall be                               maintained in good repair.

3.6       Every building shall be:

            (a) kept in good repair and free from health, fire and accident hazards;

(b)       maintained in a safe condition which includes the removal or securing of loose or insecure parts of the building or appurtenant parts thereof and

            (c) protected by weather-resistant materials.

3.7       every building damaged by fire or other causes shall be:

(a)        made secure to neighbours, persons and to other users of the property;

(b)        boarded up by covering all opening through which entry may be with at least 12.7mm (1/2”) weatherproof sheet plywood securely fastened to the building;

(c)        made secure in order to prevent damage to property and chattels and

            (d) repaired or completely demolished as required by the property standards officer.

Section 4 Residential Standards for Rental Units

4.1       Section 4 applies to any residential property of dwelling occupied by persons other than the property owner for which compensation is paid to the property owner or his or her agent.  the other sections of this by-law also apply to rental residential buildings. 

4.2       Pest Prevention

4.2.1    Dwellings shall be kept free of rodents, vermin and insects at all times.  methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act.

4.2.2    Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed.

4.3       Foundations

4.3.1    Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and moisture.  Maintenance includes the shoring of the walls to prevent settling, installing sub soil drains, when necessary, at the footings, grouting masonry cracks, damp proofing and waterproofing walls, joints and floors.

4.4       Windows and Doors

4.4.1    Windows, doors, skylights and basement or cellar hatchways shall be maintained in good repair, weather tight and draught-free, to prevent heat loss and infiltration by the elements.  Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and re-glazing where necessary.  Where screening is provided on windows and doors it shall also be maintained in good repair.

4.4.2    All windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit.  at least, one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit.

4.4.3    Solid core doors shall be provided for all entrances to dwellings and dwelling units.

4.4.4    In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area, the said system shall be maintained in good working order at all times.

4.4.5    Every window that is located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter (3.9 inches) sphere.  Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools.

4.5       Walls, Ceilings and Floors

4.5.1    Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other defects.  walls surrounding showers and bathtubs shall be impervious to water.

4.5.2    Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects.

4.5.3    Every floor in a bathroom, toilet room, kitchen, shower room, laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned.

4.6       Guards & Handrails

4.6.1    Guards and handrails shall be installed wherever they would be required for a newly constructed or renovated area under the Ontario Building Code made under the Building Code Act, 1992.  Such guards shall be properly maintained and repaired.

 4.7     Kitchens

4.7.1    Every dwelling shall contain a kitchen area equipped with:

a)     A sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water;

b)     Suitable storage area of not less than 0.23 cubic metres (8 cubic feet);

c)     A counter or work area at least 0.61 m (2 ft.) in width by 1.22 m (4 ft.) in length, exclusive of the sink, and covered with a material that is imperious to moisture and grease and is easily cleanable; and

d)     A space provided for cooking and refrigeration appliances including the suitable electrical or gas connections.

4.8       Toilet and Bathroom Facilities

4.8.1    Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet, wash basin and a bathtub or suitable shower unit.  every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water.

4.8.2    Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the persons using said room.

4.8.3    Where toilet or bathroom facilities are shared by occupants or residential accommodation other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities.

4.9       Plumbing

4.9.1    Each wash basin, bathtub or shower and kitchen sink shall be equipped with an adequate supply of hot and cold running water.  hot water shall be supplied at a temperature of not less than 43 degrees celsius (110of).

4.9.2    Every dwelling unit shall be provided with an adequate supply of potable running water from the water treatment plant of the corporation or another source of potable water approved by the Medical Officer of Health.

4.9.3    All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing.

4.9.4    All plumbing fixtures shall be connected to the sewage system through water seal traps.  all interior plumbing supply, drains and vents shall be maintained in a good state of repair.

4.9.5    Every fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains or other defect that may harbour germs or impede thorough cleansing.

4.10     Electrical

4.10.1  Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system as required under the Electrical Safety Code of Ontario.

4.10.2  The electrical wiring, fixtures, switches, receptacles and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order to as not to cause fire or electrical shock hazards.  all electrical services shall conform to the regulations established by the Power Corporations Act, as amended.

4.10.3  Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square metre (120 sq. ft.) of floor space, and for each additional 9.3 square metres (100 sq. ft.) of floor area a second duplex outlet shall be provided.  extension cords shall not be used on a permanent basis.

4.10.4  Every bedroom, bathroom, toilet room, kitchen, laundry room, furnace room, basement cellar and non-habitable work or storage room shall be provided with a permanent light fixture.

4.10.5  Lighting fixtures and appliances installed throughout a residential building, including dwelling units, stairways, hallway corridors, passage ways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use.

4.11     Heating, Heating Systems, Chimneys and Vents

4.11.1  Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees celsius (70of) in the occupied dwelling units.  the heating system shall be maintained in good working condition so as to be capable of safely heat the individual dwelling units to the required standard.

4.11.2  All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to the standards applicable legislation.

4.11.3  Where a heating system or part thereof requires solid or liquid fuel to operate a place or receptacle for such fuel, it shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard.

4.11.4  Every dwelling shall be constructed or otherwise separated to prevent the passage of smoke, fumes and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation.  Such separations shall conform to the Ontario Building Code.

4.11.5  All fuel burning appliances, equipment and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method.

4.11.6  Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit.  maintenance includes the removal of all obstructions, sealing open joints and the repair of loose or broken masonry units.

4.11.7  Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures.

4.12     Smoke and Carbon Monoxide Alarms

4.12.1  Smoke alarms shall be installed and operational in all dwelling unit and installed as per Fire Code, as amended.

4.12.2 Carbon monoxide alarms shall be installed and operational in all dwelling unit where a fuel burning appliance is present and installed as per Fire Code, as amended.

4.13     Egress

4.13.1  Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level.

4.13.2  Each dwelling containing more than one dwelling unit shall have a least two exists, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape.  Access to the stairs or fire escape shall be from corridors through doors at floor level, except access from a dwelling unit may be through a window that provides an individual unobstructed open portion having a minimum area of 0.35m2 with no dimension less than 380 mm.  A single exit is permitted from a dwelling unit where the means of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit.

4.14     Natural Light

4.14.1  Every habitable room except a kitchen, bathroom or toilet room shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten percent of the floor area for living and dining rooms and five percent of the floor area for bedrooms and other finished rooms.

4.15     Ventilation

4.15.1  Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28 square metres (3 sq. ft.) or an approved system of mechanical ventilation such that provide hourly air exchanges.

4.15.2  All systems of mechanical ventilation shall be maintained in good working order.

4.15.3  All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated.

4.16     Elevating Devices

4.16.1  Elevators and other elevating devices including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans and emergency communication systems shall be operational and maintained in good condition.

4.17     Occupancy Standards

4.17.1  The number of occupants residing on a permanent basis in an individual dwelling unit shall not exceed two persons per sleeping room or sleeping area in a dwelling unit or suite.

4.17.2  No room shall be used for sleeping purposes unless it has a minimum width of two metres and a floor area of at least seven square metres.

4.17.3  Any basement or portion thereof used as a dwelling unit shall conform to the following requirements:

(a)   Each habitable room shall comply with all the requirements set out in this by‑law;

(b)   Floor and walls shall be constructed so as to be damp proof and impervious to water leakage;

(c) Aach habitable room shall be separated from service rooms by 12.7 mm gypsum board fire separation and approved under the Ontario Building Code;    

(d) Access to each habitable room shall be gained without passage through a service room.

Section 5 Vacant Buildings

5.1       vacant buildings shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property.

5.2       the owner of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood.

Section 6 Administration

6.1       Application of By-Law

6.1.1    This by-law shall apply to all property within the boundaries of the Corporation of the City of Clarence-Rockland.

6.1.2    Where a provision of this by-law conflicts with a provision of another by-law in force in the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public, shall prevail.

6.1.3    If any section, clause or provision of this by-law is for any reason held by a court of competent jurisdiction to be invalid, the validity of the remaining sections shall continue to be in effect until it is repealed.

6.2       Property Standards Officer and Property Standards Committee      

6.2.1    The council of the municipality shall appoint property standards officers to be responsible for the administration and enforcement of this by-law.

6.2.2    Council shall appoint at large, by resolution or by by-law of council no fewer than three (3) persons of the municipality to the Property Standards Committee for the term of office concurrent with Council.

6.2.3.   Each member of the Property Standards Committee, appointed by Council, shall be entitled to an honorarium as per Schedule “A” for their attendance at the Committee meetings.

6.2.4.   Every person who initiates an appeal of an order made under section 15.2(2) of the Ontario Building Code Act, S.O. 1992, c23, shall submit a notice of appeal in the time frame and the manner as prescribed in section 15.3 (1) of the act.   all notices of appeal shall be accompanied by a non-refundable payment as per the current fee schedule of the City of Clarence-Rockland and amendments thereto.

6.3       Investigation

6.3.1   Investigation of infractions of standards set in this by-law shall be initiated upon receipt of a written complaint form from the person making the complaint or initiated by the Property Standard Officer.  the written complaint shall be filled in such form as provided in schedule “b”.

6.4       Issuance of Certificate Of Compliance

6.4.1    Following the inspection of a building, or on the request of the owner, the officer may issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this by-law.

6.4.2    If a certificate of compliance is issued at the request of the owner, the owner shall pay a fee as per the current fee schedule of the City of Clarence-Rockland and amendments thereto.

6.5       Penalty

6.5.1    An owner who fails to comply with an order that is final and binding under this by-law is guilty of an offence under section 36(1) of the Building Code Act, S.O. 1992, c.23, and is liable to penalties as set out in section 36 of that act. 

Section 7 Compliance

7.1       All owners or occupants of buildings shall comply with the standards prescribed in this by-law and any property standards order as confirmed or modified. 

7.2       All buildings within the municipality shall be repaired and maintained to conform with the standards as contained in this by-law.

Section 8 Enactment

8.1       That by-law no. 1999-32 is hereby repealed.

8.2       This by-law shall come into force on the date it is passed by the council of the corporation of the City of Clarence-Rockland.

Read, passed and adopted in open council this 4th day of march 2019.

Guy Desjardins, Mayor                                          

Monique Ouellet, Clerk                           

Rate of speed - 2009-108

En anglais seulement

Règlement concernant les limites de vitesses des routes sous la juridiction de la Cité de Clarence-Rockland.

Télécharger le règlement 2009-108

 

Road Cut - 2002-29

Whereas Council may pass such By-law pursuant to Section 308 of the Municipal Act, R.S.O. 1990, chapter M-45 as amended to authorize placing or permitting any person under such conditions as may be agreed upon to place, construct, install, maintain and use objects in, on, under or over sidewalks and highways under its jurisdiction;

Whereas Council deems it expedient to repeal By-Laws # 1988-62 and 1996-011;

Now therefore the council of the Corporation of the City of Clarence-Rockland hereby enacts that:

Definition

Road

Means a road allowance and includes all lands and structures contained within the outer limits of the allowance including grassed areas, ditches, curbs, gutters, sidewalks and other structures;

Security

Means cash, certified cheque, letter or credit or bearer bonds approved by the City of Clarence-Rockland;

Engineer

Means the Municipal Engineer of the City of Clarence-Rockland or his authorized representative.

Road Cut

No person shall cut, break, bore, jack or tunnel under, excavate or remove any part of the road without first obtaining a road cut permit.

Issuance of Road Cut Permit

Every person requiring a Road Cut Permit shall apply in writing on forms provided by the Engineer.

The permit fee for each road cut shall be $200.00 and is not refundable.  Inspection will be required.  Fees for inspection will be based on hourly rates established by the City of Clarence-Rockland.  If for any reason, the services of the Public Works are required, these services will be charged on an hourly rate established by the City of Clarence-Rockland.

No permit shall be issued until:

(a) The permit fee has been paid;

(b) The applicant has certified that all public utilities, including the Fire Department, have been informed and that no work will commence until all public utilities have given the applicant the position of all underground public services;

(c) Proof has been provided to show that the agent applying for the permit is a duly authorized representative of the applicant;

(d) A telephone number is provided and maintained for the time the permit holder is responsible for the road cut;

(e) A security deposit is provided for the sum specified in Schedule “A”.  Charges for inspections or Public Works services shall be deducted from the said deposit.

Exemptions

This by-law shall not apply so as to require a permit fee from a public utility service adjusting the grades of surface iron work such as manhole covers, valve chamber covers, catch basin tops, when the adjustment requires excavation less than three hundred (300 mm) millimeters in depth.

Scheduling

(a) A road cut shall not be commenced until at least twenty-four (24) hours notice has been given to the Engineer;

(b) A road cut permit shall become null and void if the work authorized by the permit is not commenced within thirty (30) days of the date of issue of the permit;

(c) A permit holder shall not allow a road cut to remain open for more than twenty-four (24) hours unless the work is actively in progress.

Barricades, Warning Devices and Traffic Signs

The permit holder shall erect, maintain and remove once completed, adequate barricades, traffic signs and warning devices.  All barricades around excavations shall be lighted from sunset to sunrise with amber-coloured lights and be perceptible at a distance of one hundred and fifty (150) meters under normal atmospheric conditions.  Maximum spacing for flashing lights is 1.2 meters as per the Manual of Uniform Traffic Control Devices, Ministry of Transportation Ontario’s latest edition.

Excavation

Excavation to conform with Occupational Health and Safety Act Ontario Regulation 213/91 (Construction Projects).

No excavated material which is unsuitable for backfill shall be placed on any roadway, sidewalk at any time where it will create a traffic hazard.

Backfilling

Every road cut shall be backfilled with approved materials compacted by mechanical means to obtain a degree of compaction of not less than 95% of maximum density and shall be reinstated to a condition as nearly as possible equal to the condition prevailing prior to the road cut being made and in no cases shall be less than the minimum standard of 95%.  Test results from an independent laboratory shall be submitted to the City of Clarence-Rockland.

If native on site material is not of a quality or condition acceptable to the Engineer, imported Granular “C” or Granular “D” shall be used for backfill to a level  one  hundred  and  fifty  (150 mm) millimeters below the top of the asphalt for an asphalt surfaced road.

For a gravel roadway, the top one hundred and fifty (150 mm) millimeters of the road cut shall be backfilled with Granular “A” material.

For an asphalt surfaced road, an equivalent thickness as existing in the road cut area but not less than a forty (40 mm) millimeters thickness of hot mix asphaltic material (HL3 or HL4) shall be placed over the one hundred and fifty (150 mm) millimeters of compacted Granular “A”.

Safety regulations in the workplace are to be upheld and applied.  The application of such regulations remains the responsibility of the permit holder.  Side safety slopes are to be maintained or trench boxes are to be used throughout the excavation whenever the work within the trench is in progress.

Paving reinstatement of a road cut will be mandatory within a period of ten (10) days following the backfill and the compaction as specified under clause 8 of this By-law.

Warranty

The permit holder shall remain responsible for satisfactory performance of the reinstated road cut for a period of one (1) year following the date of preliminary acceptance.

In the event of unsatisfactory performance by the reinstated road cut during the one-year period referred to in clause 9 hereof or of unsatisfactory condition on final inspection, the permit holder shall be notified of remedial works required and if such required work has not been satisfactorily completed within five (5) working days from notification, the Engineer or his representative shall have the required work completed and the cost thereof shall be deducted from the security deposit held.

Contractors

All contractors who conduct work within the City of Clarence-Rockland’s right-of-way must obtain a Third Party Public Liability and Property Damage including Products and Completed Operations insurance to the minimum limit of $1,000,000.00.

Final Acceptance

After the expiration of one (1) calendar year from the date of preliminary acceptance, the reinstated road cut shall be re-inspected and, if approved for final acceptance, the Engineer shall prepare a statement of all inspection, repair or reinstatement costs incurred and shall deduct all such costs from the security deposit then held and shall release any balance remaining to the permit holder.

Responsibility for Claims

A permit holder shall be responsible for all loss or damage arising directly or indirectly from settlement of the surface of a road within a one (1) year period or until final acceptance is given by the Engineer.

Penalty

That every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offence Act R.S.O. 1990, Chapter 33 as amended.

That By-Laws # 1988-62 and 1996-011 of the former Town of Rockland are hereby repealed.

This By-Law shall come into effect on the day of passing.

Read and passed in open council this 10th day of september 2002.

Jean-Pierre Pierre

Mayor

Daniel Gatien

Clerk

Site Plan Control - 2018-22

En anglais seulement

Un règlement pour établir des contrôles des plans d'aménagements.

Télécharger le règlement 2018-22

Smoking - 2016-32

En anglais seulement

A by-law to legislate smoking in public places and workplaces.

Whereas section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that, without limiting sections 9, 10 and 11 a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces, including defining “public place” for the purpose of the by-law;                                       

And whereas the Council of the Corporation of the City of Clarence-Rockland has adopted by-laws no. 2003-141 and 2003-142 respecting smoking in public places and workplaces respectively;

And whereas it has been determined that second-hand smoke continues to be a serious health hazard because of its adverse effects and risk to the health of inhabitants and workers in the Corporation of the City of Clarence-Rockland;

And whereas it is desirable for the purpose of promoting and protecting the health, safety and welfare of inhabitants and workers in the Corporation of the City of Clarence-Rockland to repeal by-laws no. 2003-141 and no. 2003-142 and adopt a newly revised by-law in order to ensure that all public places and workplaces will be free from second hand smoke.

Therefore, the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Part 1 - definitions

In this by-law:

1.1       By-law enforcement officer means an officer appointed by the City of Clarence-Rockland to enforce its municipal by-laws;

1.2       Children’s playgrounds means an area which is primarily used for the purposes of children’s recreation, and is equipped with children’s play equipment, such as, but without being limited to slides, swings, climbing apparatuses, splash pads, wading pools, or sandboxes.  playgrounds at hotels, motels and inns are included, but does not apply to personal apartment or condominium properties;

1.3       City means the City of Clarence-Rockland;

1.4       Common area means any indoor area of a building that is open to the public for the purposes of access to a retail shop, establishment or office and includes corridors, passageways, unenclosed eating areas in corridors, passageways, public rest rooms, unenclosed public seating areas and unenclosed public standing areas, whether or not the eating area, seating area or standing area is leased

1.5       Council means the City Council of the City of Clarence-Rockland;

1.6       Employee includes a person who,

i)     performs any work for or supplies any services to an employer, or;

ii)    receives any instructions or training in the activity, business, work, trade, occupation or profession of the employer;

1.7       Employer includes any person who as the owner, proprietor, manager, superintendent or overseer of any activity, business, work, trade, occupation or profession, has control over or direction of, or is directly or indirectly responsible for the employment of a person herein;

1.8       Hookah means a single or multi-stemmed instrument for vaporizing and smoking flavored tobacco, called shisha, whose vapor or smoke is passed through a water basin—often glass-based—before inhalation. Tt may also mean an oriental tobacco pipe with a long, flexible tube that draws the smoke through water contained in a bowl. also refer to a “water pipe”;

1.9       Inspector means a person appointed by council as a municipal law enforcement officer to enforce this by-law;

1.10    Municipal building means any building that is owned or operated by the Corporation of the City of Clarence-Rockland;

1.11    Narghile means a middle eastern tobacco pipe in which the smoke is drawn through water before reaching the lips. also refers to a “hookah”;

1.12    Person includes a corporation;

1.13    Proprietor or other person in charge means the person who controls, governs or directs the activity carried on within the premises designated as prohibited areas under this by-law and includes the person who is actually in charge thereof at any particular time;

1.14    Public place means any building, structure, vessel, vehicle or conveyance, or part thereof, whether covered by a roof or not, to which the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry but does not include a street, road or highway;

1.15    Sheesha or shisha may refer to a “hookah” or a “water pipe”;

1.16    Smoke or smoking includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment used to smoke any tobacco or non-tobacco substances;

1.17    Sports fields means an area used primarily for the purpose of sports such as, but without being limited to the following, but not including golf, whether or not a fee is paid for the use for soccer, football, basketball, tennis, baseball, softball or cricket, skating, beach volleyball, running swimming, skateboarding owned by a municipality, the province, or a post-secondary institution.  It does not include recreational trails;

1.18    Water pipe means a device used for smoking tobacco, marijuana, etc., in which the smoke passes through water before it is inhaled, or a smoking device that consists of a bowl mounted on a vessel of water which is provided with along tube and arranged so that smoke is drawn through the water where it is cooled and up the tube to the mouth.

1.19    Workplace means a building, structure, vessel, vehicle or conveyance or part thereof in which one or more employees work, including any other area utilized by employees but does not include a street, road or highway.

Part 2 - Interpretation

2.1       This by-law applies to the smoking of tobacco in every designated public place and in every workplace within the geographic limits of the City of Clarence-Rockland.

Part 3 - Administration

3.1       The City of Clarence-Rockland by-law enforcement officers are responsible for the administration and enforcement of this by-law.

Part 4 – Public Places

4.1 The following are designated public places for the purposes of this by-law:

a)   the common area of a public building;

b)  an indoor service line or service counter in any premise to which the public has access;

c)   a place of public assembly;

d)  a public restroom;

e)   a food court;

f)    a public facility;

g)  a reception area;

h)  the public portion of an amusement arcade;

i)    a municipally owned building with the exception of a public facility;

j)    a bingo hall;

k)   a bowling alley;

l)    a billiard hall;

m) the public portion of any restaurant;

n)  the public portion of any bar;

o)   an arena;

p)  the public portion of any retail shop;

q)  the common area of a shopping mall

r)   the public portion of any laundromat;

s)   the public portion of any barber shop or hairdressing establishment;

t)    a school bus;

u)  a taxicab;

v)   a limousine;

w)  a private club.

4.2       No person shall smoke in any public place that is designated in section 4.1 of this by-law, whether or not a no smoking sign is posted.

4.3       No person shall smoke or hold lighted tobacco within a nine (9) meters radius of any entrance of any municipal building.

4.4       For the purposes of patios, decks and porches or similar structures, they are considered an indoor area when covered by a roof and more than 50% of the perimeter is enclosed with walls or coverings or a similar nature.  this calculation includes the main wall of the building when attached to the main building.

Part 5 - Workplaces

5.1       No person shall smoke in any workplace, whether or not a no smoking sign is posted, with the exception of private office of a company which has no employees.

Part 6 - Signs

6.1       Every proprietor or other person in charge of any public place designated or regulated under this by-law shall ensure that a sufficient number of signs as prescribed by section 6.4 are conspicuously posted so as to clearly identify that smoking is prohibited.

6.2       In addition to complying with the requirements of section 6.1, every proprietor or person in charge of a shopping mall or other public building referred to in section 4.1 shall ensure that,

  1. Signs are posted in accordance with section 6.4 in every common area of the shopping mall or other public building,
  2. Signs are posted at every entrance to the shopping mall or other public building, which are visible and in sufficient numbers, clearly indicating in English and in French that smoking is prohibited in the common areas of the shopping mall or other public building, and
  3. Signs referred to in clauses (a) and (b) are in accordance with section 6.4.

6.3       Despite section 6.1, every proprietor or other person in charge of a bar, bingo hall, billiard and private club shall ensure that a sign or signs are posted at every entrance to the bar, bingo hall, billiard and private club that clearly identifies that smoking is prohibited.

6.4       Every sign that is posted and maintained in accordance with this by-law must comply with the following requirements as illustrated in schedule ‘a’:

(i)         The graphic symbol shall be on a white background with the circle and the interdictory stroke in red.

(ii)        The words “no smoking” must be included above the graphic and the words “City of Clarence-Rockland By-law / règlement municipal de la Cité de Clarence-Rockland’’ must be included below the graphic symbol in letters and figures at least five (5) percent of the diameter of the circle in the symbol;

(iii)      In addition to the graphic symbol required by subsection 6.4 (i), other appropriate symbols may be included, such as directional arrows.

6.5       Despite the fact that the symbol referred to in subsection 6.4 (i) is a cigarette, the provisions of this by-law that prohibit smoking in designated public places and workplaces apply to all forms of the smoking of tobacco, including cigarettes, cigars, hookahs, narghiles, pipes, sheeshas, shishas, water pipes or any other lighted smoking instrument.

6.6       With respect to size of the graphic symbol, the diameter of the circle in the symbol referred to in subsection 6.4 (i) shall be not less than the number of centimeters prescribed below, based upon the maximum viewing distance in direct line of sight, as follows:

i)    three (3 m) meters or less - ten (10 cm) centimeters,

ii)   six (6 m) meters or less - fifteen (15 cm) centimeters,

iii)  twelve (12 m) meters or less - twenty (20 cm) centimeters,

iv)  twenty-four (24 m) meters or less - thirty (30 cm) centimeters,

v)   forty-eight (48 m) meters or less - forty (40 cm) centimeters,

vi)  seventy-two (72 m) meters or less - sixty (60 cm) centimeters.

6.7       Despite subsection 6.6, the diameter of the circle in the symbol referred to in subsection 6.4 used pursuant to section 6.4 to be erected at the entrance to every shopping mall or other public building shall be a minimum of ten (10 cm) centimeters.

6.8       Deviations from the colour or content of the signs prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the signs.

6.9       Any sign prohibiting smoking that refers to a by-law of an old municipality is deemed to be referring to this by-law.

6.10    Despite subsection 6.6, with respect to taxicabs or limousines, the diameter of the circle in the graphic symbol referred to in subsection 6.4 (i) and used pursuant to section (7) shall be not less than ten (10) centimeters.

Part 7 - Duties   

7.1       Every proprietor or other person in charge of a designated public place or a workplace in which smoking is prohibited shall ensure compliance with this by-law.

7.2       No proprietor or other person in charge of a public place or a workplace in which smoking is prohibited shall place ashtrays or cause or permit ashtrays to be placed or to remain in that designated public place or workplace.

Part 8 – Offences    

8.1       Any person who contravenes any of the provisions of this by-law is guilty of an offence.

8.2       Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.

Part 9 – Penalties  

9.1       Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, chap. p.33, as amended.

Part 10 – Enforcement 

10.1    The provisions of this by-law respecting the designation of non-smoking areas, the posting of signs and the duties imposed on the proprietor or other person in charge of a public place shall be enforced by inspectors.

10.2    An inspector may, at any reasonable time, enter any designated public place for the purposes of determining compliance with this by-law.

Part 11 – Conflicts 

11.1    If a provision of this by-law conflict with an act or a regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.

Part 12 – Severability

12.1    If any section or sections of this by-law or parts thereof are found in any court of law to be illegal or beyond the power of council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such.

Part 13 – Schedules 

13.1    Schedule “a”- “sign graphic symbol” forms part of this by-law;

13.2    Schedule "b"- "fine structure and short form wording" forms part of this by­ law.

Part 14 - Repeal 

14.1    That by-law no. 2003-141 be and is hereby repealed;

14.2    That by-law no. 2003-142 be and is hereby repealed.

Part 15 – Title

15.1    This by-law may be referred to as the “smoking by-law”.

Part 16 - Effective Date

16.1    This by-law shall come into effect on the date of its adoption.

Read, passed and adopted in open council this 6th day of September 2016.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Shedule A

 Signe Interdit de fumer

Store closing hours - 2018-41

En anglais seulement

Un règlement à l'effet que certains commerces de la Cité de Clarence-Rockland doivent fermer et d'autres peuvent demeurer ouverts pendant certains congés.

Télécharger le règlement 2018-41

Taxi - 2016-108 *

En anglais seulement

Being a by-law of the Corporation of the City of Clarence-Rockland to provide for the licensing, regulating and governing the owners and drivers of taxicabs.

Whereas pursuant to section 151(1) of the Municipal Act, 2001, c.25, a municipality may provide for a system of licenses with respect to a business and may prohibit the carrying on or engaging in the business without a license and may refuse to grant or to revoke or suspend a license;

And whereas pursuant to section 151(1) of the Municipal Act, 2001, a municipality may impose conditions as a requirement of obtaining and continuing to hold or renewing a license, including special conditions, as a requirement of continuing to hold a license at any time during the term of the license, and to license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it;

And whereas pursuant to section 156(1) of the Municipal Act, 2001, a local municipality may, in a by-law passed under section 151 with respect to the owners of taxicabs, establish the rates and fares to be charged for the conveyance of property or passengers either wholly within the municipality or to any point outside the municipality, provide for the collection of rates or fares charged for the conveyance, and limit the number of taxicabs or any class of them;

And whereas the council of the Corporation of the City of Clarence- Rockland deems it desirable, having regard, among other matters, to the health and safety of the public, the protection of consumers, and the potential for public nuisance, to license, regulate and govern taxicabs, and the owners and drivers of taxicabs;

Part 1 - Definitions

1.1 In this by-law:

(1) “Accessible Taxicab Vehicle” means a taxicab that is wheelchair accessible permitting the loading, transportation and off-loading of a person with a disability confined to a wheelchair, or other similar device used to assist a person with disabilities, and is subject to federal and provincial legislation applicable to the transportation of persons with disabilities.

(2) “Accessible Taxicab Owner Plate” means the numbered metal plate issued by the city to be affixed to the accessible taxicab.

(3) “Additional Fee” means a fee, in addition to the license fee, imposed by the municipality on a business at any time during the term of the license for costs incurred by the municipality attributable to the activities of the business.

(4)  “Alternative Fuels” for vehicles means a source of fuel used in place of gasoline and diesel fuel such as but not limited to: electricity, ethanol, hydrogen, methanol, natural gas (compressed natural gas/liquefied natural gas), propane (liquefied petroleum gas), p-series, solar energy and bio-diesel.

(5)  “Applicant” means a person applying for a new or renewing a license under this by-law.

(6) “Broker” means any person who carries on the business of accepting orders for, or dispatching, taxicabs.

(7) “Brokerage” means the general business of a broker, and shall be deemed to include the land and premises where such business is carried on.

(8)  “Business” means any trade, occupation and sale or hire of goods and services for profit wholly or partly carried on within the municipality even if the business is being carried on from a location outside of the municipality.

(9) “Business Casual Attire” means a dress code that typically includes slacks or khakis (may include dress jeans), dress shirt or blouse, open-collar or polo shirt, optional tie or seasonal sport coat, a dress or skirt, a blazer, knit shirt or sweater, and dress shoes that cover all or most of the foot.

(10) “Certificate of Insurance” means a written document stating that insurance is in effect and includes a general statement of the policy’s coverage including coverage limits and effective dates.

(11) “City” means the Corporation of the City of Clarence- Rockland.

(12) “City Solicitor” means the solicitor for the city or his/her designate.

(13) “Council” shall mean the council for The Corporation of the City of Clarence-Rockland.

(14) “Dispatch” means the communication of an order or information between a taxicab broker and a taxicab driver.

(15) “Driver” means a person who drives a taxicab.

(16) “Exclusive Concession Agreement” means an agreement which gives a person the sole right to provide taxicab services to or from any public transportation terminal, hotel, motel, taxicab stand or any other similar point of assembly.

(17) “Fare” means the amount displayed on the taxicab meter at the conclusion of a trip, or the flat rate allowed under this by-law for the trip, together with any additional charges allowed under this by-law.

(18) “Fleet” means any number of taxicabs in excess of one owned by the same owner or owners.

(19) “Highway” means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, or any part thereof which is intended for or used by the general public for the passage of vehicles, including any surface grassed area, boulevard, ditch, curb, gutter, sidewalk and other parts of the road allowance, whether traveled or untraveled.

(20) “Highway Traffic Act” means Highway Traffic Act, R.S.O. 1990, c.H.8 and the regulations enacted thereunder as amended from time to time or any act and regulation enacted in substitution thereof.

(21) “Individual” means a natural person and does not include a corporation, partnership or association.

(22) “Inspector” means a duly appointed municipal law enforcement officer.

(23) “License” means an authorization issued under this by- law to carry on a business specified therein and the document, certificate or card issued shall provide evidence of such authority as the content may allow.

(24) “Licensed Premises” means an establishment, which is referred to in a license issued under this by-law.

(25) “Licensee” means a person who has been issued and maintains a valid license pursuant to the terms of this by- law.

(26) “Licensing Committee” means a committee of council duly appointed by council to conduct hearings under this by-law.

(27) “Licensing Director” means the director of protective services of the City of Clarence-Rockland and includes his/her designate.

(28) “Licensing Officer” means a municipal law enforcement officer of the City of Clarence-Rockland.

(29) “Mechanical Defect” means damage to, or failure of a part, component or feature of a motor vehicle.

(30) “Model Year” means the model year shown for a vehicle on the registration issued under the Highway Traffic Act.

(31) “Motor Vehicle” includes an automobile and any other vehicle propelled or driven other than by muscular power, but does not include the cars of electric or steam railways, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway   Traffic Act, R.S.O. 1990, c. H. 8.

(32) “Municipality” means geographic area of the City of Clarence-Rockland.

(33) “Order” means a request for taxicab service received by a taxicab broker.

(34) “Owner” includes a person who alone or with others owns and/or has the ultimate control over a business and/or who directs the operation of a business under this by-law and whose name appears on the license issued by the city for such business pursuant to this by-law.

(35) “Person” includes a corporation and its directors and officers, sole proprietor, and partnership and the heirs, executors, assignees and administrators or the other legal representatives of an individual and their respective successors and assignees.

(36) “Police security clearance request or a similar police security clearance” means information containing the results of a search of the Canadian Police Information Centre.

(37) “Premises” include lands, and any fence, buildings, sheds or similar structures situated thereon.

(38) “Provincial Offences act” means Provincial Offences Act, R.S.O. 1990, c. P. 33 and the regulations enacted thereunder as amended from time to time or any act and regulation enacted in substitution thereof.

(39) “Public vehicle” means a taxicab and/or accessible taxicab vehicle.

(40) “Safety standards certificate” means a safety standards certificate issued under the Highway Traffic Act.

(41) “Service Animal” means an animal that is used by a person for reasons relating to his or her disability and for which the person can provide a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability.

(42) “Tariff Card” means a card showing the current tariff, issued by the licensing director for display in a taxicab or accessible taxicab vehicle.

(43) “Taxicab” means a motor vehicle having four (4) doors, a taxicab meter and seating capacity for not less than three (3) passengers which is used for the transportation of passengers and/or goods, for hire or reward, and may include a mini-van type vehicle having less than four (4) doors, if such vehicle is approved for use as a taxicab by the licensing director.

(44) “Taxicab Driver” means a person who is licensed or is required to be licensed to drive a taxicab or an accessible taxicab.

(45) “Taxicab Meter” means a measuring device used in a taxicab to calculate the fare payable for a trip in a taxicab or an accessible taxicab vehicle.

(46) “Taxicab Owner Plate” means the numbered metal plate issued by the city to be affixed to the taxicab.

(47) “Taxicab Stand” means the area set aside and designated by the City of Clarence-Rockland to be used by a taxicab while it is waiting for, or picking up, goods or passengers.

(48) “Tint Free” means free from any type of tinting, colored spray or other reflective material on vehicle windshield and  windows that is not standard to the vehicle when sold new or equivalent, and that substantially obscures the interior of the motor vehicle when viewed from the outside or, that reduces the visibility of the driver, passenger or passengers.

(48) “Trip” means the distance and time traveled or the distance and time to be traveled, measured from the time and point at which the passenger first enters the taxicab or when the taxicab meter is first engaged, to the time and point at which the passenger finally leaves the taxicab or the taxicab meter is disengaged.

(49) “Trip Sheet” means a written record of each trip on the form prescribed in this by-law.

(50) “Vehicle” means a motor vehicle.

(51) “Year to Date” means the figures appearing under the heading “year” in the description of the motor vehicle portion of the current ministry of transportation passenger motor vehicle permit for any vehicle.

(52) “Zoning certificate” means a certificate duly issued by the city approving the use for which the license application has been made on the building and/or property where the business is located or is proposed to be located.

Part 2     Licensing Required

2.1 Unless licensed under this by-law, no person shall:

(a) Own or operate a taxicab

(b) Own or operate an accessible taxicab

(c) Act as or hold himself/herself out to be the owner/operator of a taxicab

(d) Act as or hold himself/herself out to be the owner/operator of an accessible taxicab

(e) Own or operate a taxicab brokerage

(f)  Act as or hold himself/herself out to be the owner/operator of a taxicab brokerage

(g) Drive, or act as the driver of a taxicab

(h) Drive, or act as the driver of an accessible taxicab.

2.2 A person shall carry on business only in the name in which the business is licensed.

2.3 For the purpose of this by-law, a business shall be deemed to be carried on within the city if any part of the business is carried on in the city, even if the business is being conducted from a location outside the city.

Representation of Licensing

2.4 No person shall hold himself/herself out to be licensed if the person is not licensed in accordance with this by-law.

2.5  No person shall publish or cause to be published any representation that the person is licensed under this by-law if the person is not licensed in accordance with this by-law.

Part 3 Licensing Office

3.1 The following administrative and legislative responsibilities are delegated and assigned to the licensing director as follows, but not limited to:

(a) Preparing necessary documentation and forms.

(b) Receiving and processing all applications for licenses and for renewals of licenses.

(c) Issuing licenses when an application is made in accordance with and in compliance with the provisions of this by-law.

(d) Maintaining records showing all applications received and licenses issued.

(e) Generally performing all the administrative functions and legislative functions conferred upon the licensing director by this by-law.

Part 4     Application for A License and For Renewal of a License

4.1 An application for a license and an application for the renewal of a license shall be completed on the forms provided by the licensing office.

4.2 Each executed application shall be submitted to the licensing office by the person making the application and shall be accompanied by:

(a) The fee in the appropriate amount as set out in schedule ‘a’ attached hereto and forming part of this by-law;

(b) A zoning certificate indicating that the use for which the application has been made is approved under the zoning by-law as an approved use of the premises;

(c) Proof of the applicant’s age by way of their birth certificate, passport, valid province of Ontario driver’s license or valid province of Ontario health card with a photograph of the applicant;

(d) If the applicant is a corporation, a copy of the incorporating document and a copy of the last annual information filed or, if a registered partnership, a copy of the registered declaration of partnership and a copy of the business name registration;

(e) If the applicant is a partnership or a corporation, a copy of the registered declaration of partnership, a copy of the business name registration and a list of all current partners, officers, directors and shareholders of the corporation together with their addresses and phone numbers.

(f) Every person applying for an owner’s license shall file with the licensing director, documentation satisfactory to the licensing director, and demonstrating the applicant’s right to possess or occupy the premises used by the applicant and if such applicant is not the registered owner of the property upon which the business is located, such applicant shall file with the licensing director, at the same time a copy of the lease, if any, and of any other document constituting or affecting the legal relationship between the said applicant and the said registered owner.

4.3 Every licensee shall be required to renew the said license prior to the expiry of the original license issued under this by-law.

4.4 Notwithstanding section 4.2(b), where an application is made for the renewal of a license and where a zoning certificate has been received, approving the use of the property for that same location for which the renewal application has been made, no new zoning certificate is required.

4.5 The licensing director may require the applicant to obtain more than one (1) license under this by-law, if the nature of the business of the applicant qualifies under more than one (1) licensing category under this by-law.

4.6 Where the licensing office receives an application for renewal of a license previously granted under this by-law and the appropriate fees have been paid, the licensing director shall prior to issuance of any such license:

(a)  Ensure all inspections, approvals and documents as may be required have been obtained;

(b)  Conduct inquiries into all relevant matters in order to ascertain if the applicant is entitled to obtain a renewed license under the provisions of this by-law;

(c)  Inquire into any and all relevant changes in circumstances since the previous license was issued to the applicant;

(d) Conduct any inquiries with any municipal official or employee who has carried out inspections or investigations relative to the business under application; and

(e) Request and receive reports from such municipal officials and employees as may be deemed necessary.

4.7 Notwithstanding that a license has been renewed, the licensing director may require the holder of a license, at any time after the renewal is issued, to file with the licensing director such certificates or other documentary evidence as the licensing director may require as evidence that such applicant satisfies the requirements of this by-law.

4.8 No individual shall be licensed under this by-law unless the individual is eighteen (18) years of age or over.

Part 5 Inspection

5.1 On receipt of an application for a license or for the renewal of a license or as a condition of the continuation of a license, the licensing director or inspector may:

(a) At any reasonable time, enter upon the business premises of the owner or operator to make an inspection to ensure that all the provisions of this by-law, have been complied with;

(b) At any reasonable time, inspect as much of any house, place or premises as is used for the carrying on, conducting, operating, maintaining or keeping of any business in respect of which any person is required to have a license under this by-law;

(c) At any reasonable time, inspect any vehicle, any goods, articles, books, records and other documents of or relating to any such business established under this by law; and

(d) Circulate the application and supporting documents to all or any other department within the city, or any other person or agency as may be deemed necessary, for their review and comment.

5.2 No person shall obstruct, hinder or in any way interfere with the inspector, licensing director or other person inspecting, investigating or enforcing this by-law, or withhold, destroy conceal or refuse to furnish information required.

Part 6 Issuance of License or Renewal

6.1 When an application for a license or for a renewal of a license is made in accordance with the provisions of this by-law and the applicant meets all the requirements of this by-law, the licensing office shall issue a license.

6.2 No person shall enjoy a vested right in the continuance of a license and upon the suspension or revocation, the license and/or plate(s) which are the property of the city, shall be returned.

Part 7 License Expiry Dates

7.1 Notwithstanding the date issuance, every license shall expire on the 30th day of April of every year.

7.2 Every licensee under the by-law shall be required to renew a license issued pursuant to this by-law prior to the expiry date:

(a) A renewal application may be submitted within march 1st and April 30th in every year;

(b) A renewal application which is submitted after the expiry date will be deemed to be a late renewal and shall be subject to a late fee.

7.3 Every application for renewal of a license which is not made within 60 days following the expiry date shall be deemed to be a new application and shall be subject to the new application fee

7.4 Any license issued under this by-law may be cancelled by the licensing director at any time upon the request of the licensee.

Part 8 License - Imposed Conditions

8.1 The licensing director may impose any conditions on any license to be issued or renewed under this by-law as she or he deems necessary to ensure the safety of public or of property, or for consumer protection.

8.2 It shall be a condition of every license that the licensee shall comply with the provisions of this by-law, other by-laws and all provincial and federal legislation, as applicable.

8.3 The owner shall:

(a)  Ensure such compliance, as set out in section 8.2 by every individual involved in carrying out the business.

(b) at all times, maintain and keep clean, safe, in good condition and repair any place or premises for which a license has been issued under this by-law.

(c)  Not cause, tolerate or permit a nuisance to arise in connection with the place or premises for which the license has been issued.

(d) Not cause, tolerate or permit any obstruction on any highway, sidewalk, lane or public place in front of or adjoining the place or premises for which the license was issued.

8.4 Notwithstanding any other provisions of this by-law, council may impose additional fees on a licensee, by way of a notice of additional fee, at any time during the term of the license for costs incurred by the city, attributable to the activities of the licensee.

8.5  The notice of additional fee shall be sent to the licensee by registered mail and shall provide the licensee with sixty (60) days to pay the outstanding amount from the date of such notice.

Part 9 -  Grounds to Refuse to Issue or Renew a  License or to Revoke or Suspend

9.1 An applicant whose application meets all the requirements of this by-law and its schedules is entitled to a license or the renewal of a license except where:

(a) The application is not complete or the fee payable in respect of the license or renewal has not been paid; or

(b) There are reasonable grounds to believe that any application or other document provided to the licensing office by or on behalf of the applicant contains a false statement or provided false information; or

(c) Any information contained in the original application form or any other information provided to the licensing office, has ceased to be accurate and the licensee has not provided up-to-date accurate information to the licensing director to allow the licensing director to conclude that the license should remain effective; or

(d) Any additional fee imposed on a license remains unpaid after the due date indicated in the notice of additional fee sent to the licensee; or

(e) The applicant has failed to pay the fine or fines imposed by a court as a sentence arising from convictions for breach of a by-law enacted by the city or has failed to pay the fines for convictions under the provincial offences act which are due and unpaid or where a prohibition or other court order made upon conviction has not been complied with; or

(f) There are reasonable grounds to believe that the applicant does not meet all the requirements of this by-law or any other by-law, or that the building, premises or place or part thereof in which the business is carried on or intended to be carried on does not comply with the provisions of this by-law, or with any other law including provincial or federal law, or by-law, including any applicable zoning, building, and fire department requirements including fire code advisories issued and at time of application; or

(g) The licensee has contravened any provision or provisions of this by-law within any twelve (12) month period; or

(h) There are reasonable grounds to believe that the building, premises or place or part thereof in which the business is carried on or intended to be carried on is dangerous or unsafe; or

(i) There are reasonable grounds to believe that the equipment, vehicles, and other personal property used or kept for hire in connection with the carrying on of or engaging in the business is dangerous or unsafe; or

(j) The applicant or licensee has failed to comply with any condition or direction of the licensing director or inspector or failed to permit any investigation by the licensing director or inspector; or

(k) Adverse comment or comments have been received by the licensing director from any city department or any of the agencies to which the application, renewal or request was circulated; or

(l) The applicant fails or refuses to comply with any requirement set out in the by-law to obtain or maintain or renew a license issued under this by-law; or

(m) The past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director or officer, employees or agents of the corporation, if the applicant is a corporation, affords reasonable grounds for the belief that the applicant will not carry on the activity for which he or she is to be licensed or to continue to be licensed, in accordance with this by- law; or

(n) The applicant or licensee has been convicted of an offence, for which a pardon has not been granted, pursuant to any one or more of parts v (sexual offences), viii (offences against persons) or ix (offences against property) of the Criminal Code of Canada, R.S.C. 1985 c. c-46, as amended or any other criminal convictions in the preceding five (5) years; or

(o) The applicant or licensee has been convicted of an indictable or summary offence under any statute of Canada, including but not limited to the Criminal Code of Canada, the Narcotic Control Act, the Food and Drug Act, and the Controlled Drug and Substances Act during the preceding five (5) years; or

(p) The licensing director becomes aware of any fact or facts, which, if known at the time of the application for the license, may have resulted in the licensing director refusing or revoking the license; or

(q) The issuance of the license or renewal of the license would be contrary to the public interest.

Part 10 - Power to Refuse to Issue or Renew A License   or Revoke or Suspend A License

10.1 The licensing director may refuse to issue a license, refuse to renew a license or may revoke or suspend a license or impose conditions on a license.

10.2 When the licensing director refuses to either issue or to renew a license, or cancels, revokes or suspends a license, or imposes terms and conditions, written notice shall be given to the applicant or licensee by the licensing director, advising the applicant or licensee of the decision.

10.3 The written notice of decision to be given under section 10.2, shall:

(a)           Set out the grounds for the decision;

(b)           Give reasonable particulars of the grounds;

(c)           Be signed by the licensing director; and

(d)          State that the applicant or licensee is entitled to a hearing before the licensing committee if the applicant or licensee delivers to the clerk or to the licensing director, within seven (7) days after the notice is served, a notice in writing requesting a hearing before the licensing committee accompanied by the appeal fee as set out in the current fee by-law.

10.4 Where no appeal is registered within the required time period, the decision of the licensing director is final.

10.5 The city clerk or the licensing director, upon receipt of a written request from the applicant or licensee within the time limit specified under section 10.3 (d), shall schedule a hearing before the licensing committee and send written notice at least 20 days before the date of the hearing to the parties, which notice may be personally delivered, sent via facsimile, by email or sent by regular or registered mail, to the address specified on the application unless the request for a hearing specifies a different address.

Part 11       Establishment of The Licensing Committee – Composition of Committee

11.1    The   licensing committee shall be composed of three (3) members appointed by city council.

11.2    A majority of the three (3) members constitutes a quorum.

Committee Coordinator

11.3 The Committee Coordinator of the license committee shall be the person so designated by the director of protective services.

Meetings

11.4    The meetings of the license committee shall be summoned at such a date and time as requested by the clerk or the licensing director or at the call of the chair of the license committee.

Powers of the committee

11.5  The license committee is authorized to administer the provisions of this by-law.

11.6  The license committee is authorized to make the final decision in respect of the revocation, suspension or reinstatement of any license issued or the imposition of conditions on any licensee.

11.7  The license committee, after a hearing, may revoke any or each of the licenses held by a licensee for cause and without limiting the generality of the foregoing for:

(a)  A breach of the law,

(b) Anything which may be in any way adverse to the public interest,

(c)  The belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity,

(d) Any other matter which the license committee is authorized by law to consider, or

(e) Any violation of the provisions of this by-law.

11.8 The license committee may suspend a license for cause for any period that is less than the unexpired part of the period for which it was issued in lieu of revocation as provided in subsection 11.7.

11.9 The license committee may impose conditions as a requirement of obtaining, continuing to hold or renewing the license including special conditions.

Report for Review of Status of Licensee

11.10  The licensing director may report to the license committee any breaches by the licensee of this by-law with a request to consider the status of the license.

The Hearing Before the Licensing Committee

11.11  The license committee shall hold the review hearing at the time, place and date set out in the notice referred to in section 10.5.

11.12  The applicant or licensee may be represented at the review hearing by counsel, and the applicant or licensee or the counsel shall have the right to adduce evidence, submit argument in support of the application for a license or the status quo of the license and cross-examine witnesses adverse in interest.

11.13  The city shall be represented at the review hearing by either the licensing director or legal counsel, who is entitled to adduce evidence and submit arguments in reply to evidence and argument on behalf of the applicant or licensee.

11.14   At the review hearing, the onus shall be upon the applicant or licensee to show cause why,

(a)       The license applied for should be granted,

(b)       The license should not be suspended or revoked; or

(c)       Conditions should not be imposed on the license.

11.15  All review hearings shall be public hearings unless the applicant or licensee requests that the hearing be held in camera and the license committee may approve the request by a simple majority in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.

11.16  When the applicant or licensee who has been given written notice of the hearing does not attend at the appointed time and place, the licensing committee may proceed with the hearing in his/her absence and the applicant or licensee shall not be entitled to any further notice of the proceedings.

11.17  At the conclusion of a hearing, the licensing committee shall, as soon as practicable, submit a written report on the hearing to council and the report shall:

(a)   summarize the evidence and the arguments presented by the parties to the hearing;

(b)   set out the findings of facts and the recommendations made by the licensing committee; and

(c)   set out the reasons for the recommendations.

Council After the Hearing

11.18  Council may uphold or vary the recommendation of the licensing committee or do any act or make any decision that it might have done had it conducted the hearing itself and the applicant or licensee shall not be entitled to a further hearing on the matter before council and the decision of council shall be final.

11.19    The license director shall notify the applicant in writing of the final decision, within seven (7) business days of the date of the final decision of council.

Part 12       Return of The License After Revocation or Suspension

12.1  When a license has been revoked, deemed unrenewable, cancelled or suspended, the holder of the license shall return the license to the licensing office within twenty-four (24) hours of service of the written notice of the decision and, the licensing director may enter upon the business premises of the licensee for the purpose of receiving, taking, or removing the said license.

12.2  When a person has had his/her license revoked or suspended under this by-law, that person shall not refuse to return the license, or in any way obstruct or prevent the licensing director from obtaining the license in accordance with section 12.1.

Part 13 Order to Comply

13.1  Where a licensee contravenes any provision of this by-law, or its parts, the inspector shall:

(a)    Serve a written notice on the licensee, setting out reasonable particulars as to identify the contravention, the location of the premises and directing compliance and the date by which compliance must be achieved; or

(b)    Direct in a written order setting out reasonable particulars as to identify the contravention and the location of the premises and directing that a thing or matter is required to be done and the date by which the thing or matter must be done and in default of such matter or thing being done, the matter or thing will be done at the licensee’s expense by the city, and the city will recover the expense by action or in like manner as municipal taxes.

Part 14       Businesses Requiring a License

14.1    A license is required for the following:

(a)           taxicab

(b)           taxicab driver

(c)           taxicab plate owner

(d)           accessible plate owner

(e)           taxicab broker

Part 15       License Not Transferable

15.1 A license is valid only in respect of the individual, or person and the premises named in the license. no license may be sold, transferred, encumbered, leased or loaned or in other way assigned or dealt with, unless otherwise permitted in this by-law.

Part 16       Notification of Change of Information

16.1    A licensee shall carry on business in the city under the name which is set out on the license and shall not carry on business under other name.

16.2    When a licensee changes his/her name, address, affiliated broker, employer or any other information relating to the license, that person shall notify the licensing office within two

(2) business days of the change of address or any other information relating to the license and shall return the license immediately to the licensing office for amendment and pay the license fee as outlined in the current fee by-law.

16.3    When there is a change of ownership or location for a business, the licensee is required to complete an application for a new license including submission of all documentation required for a new license as outlined in this by-law and pay the license fee as outlined in the current fee by-law.

16.4    When the licensee is a corporation and there is any change in the following information given on the application namely; the names and addresses of officers and directors, the location of the corporate head office, change of ownership of shares, the licensee shall report the change to the licensing office within seven (7) days of the change, and if necessary, the license shall be returned immediately to the licensing office for amendment.

16.5    A licensee shall not alter, erase or modify or permit such alteration, erasure or modifications of their license or part thereof unless approved by the licensing director.

16.6    Requests for change of information shall be accompanied by the appropriate fee as set out in the current fee by-law.

Part 17       Display of License

17.1 Every owner shall prominently display their licenses at the licensed premises at all times and shall produce the licenses upon request by the licensing director or an inspector.

Part 18       Notice

18.1    Any notice required by this by-law to be given to the applicant or licensee may be given, unless otherwise provided in this by- law:

(a)           By mailing a copy of the notice by prepaid ordinary mail post addressed to the address of the applicant or licensee, as the case may be, listed on the most recent application for a license or,

(b)          By delivering a copy of the notice personally to the applicant or licensee; or

(c)           By leaving a copy of the notice at the address of the applicant or the licensee as listed on the most recent application for a license; or

(d)          By leaving a copy of the notice at the business address of the applicant or licensee.

18.2    Notice of renewal provided through the mail is a discretionary service and not a requirement under this by-law.

18.3    It is the responsibility of the applicant or licensee to renew within 60 days prior to the expiry date outlined on the business license.

Part 19       Taxicab Drivers

Licensing Prerequisites – New Taxicab Drivers

19.1    Every applicant for a new taxicab driver’s license shall submit to the licensing director:

(a)      Proof of either,

(i)       Canadian citizenship,

(ii)      permanent resident/landed immigrant status, or

(iii)     a valid work permit to work as a driver issued by the government of canada

(b)     A certificate prepared by a physician dated within thirty

(30) days from the date of the application, which states that the applicant is fit and able to operate a motor vehicle.

(c)     A copy of a current and valid class “g” driver’ license issued by the province of ontario, which is in good standing according to the records of the ministry of transportation.

(d)     A driver’s abstract from the ministry of transportation dated within the last thirty (30) days from the date of application, and indicating a minimum of two (2) years class “g” driving experience prior to application date.

(e)     A minimum of two (2) current passport style photographs.

(f)     Proof of employment with a licensed taxicab   business.

(g)    A copy of a police security clearance report or a similar police security clearance from a local police service as approved by the licensing director dated within the last thirty (30) days from the date of application.

(h)   A valid certificate of completion of an accessible customer service program as required under the Ontarians with disabilities act.

(i)    Proof of attendance and participation in an orientation session administered by the City of Clarence- Rockland.

Licensing Prerequisites – Renewal of Taxicab Drivers

19.2    Every applicant for a renewal of a taxicab driver’s license shall submit to the licensing director annually:

(a)  A copy of a driver’s abstract from the ministry of transportation dated within the last thirty (30) days from the date of renewal.

(b) A copy of an Ontario provincial police security clearance report or a similar police security clearance from a police service as approved by the licensing director dated within the last thirty (30) days from the date of renewal.

(c) A copy of a current and valid class “g” driver’s license issued by the province of Ontario, which is in good standing according to the records of the Ministry of Transportation.

19.3    The licensing director may, at any time if, he or she believes it may be in the public’s best interest, require a driver to provide a certificate prepared by a duly qualified medical practitioner attesting as to whether or not the driver is fit and able to operate a taxicab.

Ontario Driver’s License Suspended & Demerit Points

19.4  When a licensed taxicab driver’s driving record shows six (6) demerit points, the driver shall notify the licensing director immediately, attend an interview with the licensing director, and produce a further driving record within six (6) months of the interview.

19.5   When a licensed taxicab driver’s driving record shows eight (8) demerit points, the driver shall be required to complete a defensive driver’s course approved by the licensing director and submit proof of completion.

19.6    When a licensed taxicab driver’s driving record shows ten (10) demerit points, the taxicab driver’s license shall be suspended and the driver shall immediately return the license issued under this by-law.

19.7    When a licensed taxicab driver’s license has been suspended, the driver may not apply for re-issuance of a taxicab driver’s license under this by-law until his/her driving record shows less than six

(6) demerit points.

Notification Requirements

19.8    When a licensed taxicab driver has had his/her driver’s license cancelled, suspended or revoked, or where the license has expired, the license issued under this by-law shall be deemed to be suspended as of the date of cancellation, suspension or revocation of the driver’s license and the driver shall immediately return to the licensing director, the license issued under this by- law.

19.9    All licensees are required to notify the city within twenty-four (24) hours of convictions under the Criminal Code of Canada, the Narcotic Control Act, the Food and Drug Act, the Controlled Drug and Substances Act, or the Highway Traffic Act.

Driver Training for Existing Taxicab Drivers

19.10    Applicants duly licensed as taxicab drivers shall be required every four (4) years or sooner, as may be determined by the licensing director, to participate in a taxicab refresher orientation session administered by the city of Clarence- Rockland.

19.11    The licensing director may require a driver at any time to complete the refresher orientation session because of complaints received against the driver, relevant convictions registered on the driver's provincial driving record or if the licensing director is of the opinion that it would be in the public’s best interest to require the driver to complete such refresher session.

Taxicab Driver Responsibilities

19.12  Every licensed driver shall:

(a)       Each day, before commencing the operation of the taxicab, examine the vehicle for mechanical defects, interior or exterior damage, as well as spare tire and wheel and shall report forthwith any defects found, to the owner of the vehicle.

(b)      Each day, upon completion of the operation of the taxicab, return the vehicle to the taxicab owner and report all defects and all accidents to the owner.

(c)       Carry the driver’s license issued under this by-law and his/her ontario driver’s license with him/her at all times when operating the vehicle.

(d)      Have available at all times and produce on request of the licensing director, inspector or passenger, a current taxicab driver’s identification card with photograph, approved by the licensing director.

(e)       Keep a legible daily trip sheet showing:

(i)        The name of the taxicab driver, the date and the taxicab owner’s plate number issued under this by- law.

(ii)       The odometer reading showing on the meter at:

  1. The commencement of each shift;
  2. The conclusion of each shift;

(iii)    The time, specific location with address if possible, and destination of every trip made;

(iv)    The specific amount of each fare collected for each trip;

(v)     Start and end times of each shift for driver.

(f)      Deposit the trip sheet with the plate holder of the vehicle or broker licensed under this by-law at the conclusion of each shift.

(g)      Be civil and behave courteously, refraining from using profanity and offer to assist any passenger when it is evident that the passenger is a person with a disability, elderly or in need of assistance.

(h)      Be well-groomed, neat and clean in personal appearance, and dressed in pants (no jeans or sweat pants) or skirt, shirt or blouse with a collar and shoes, all free from obvious wear or damage.

(i)         Give a passenger a receipt showing the taxicab driver’s name and license number and an identifying number for the vehicle, when requested, or whenever there is a dispute over the fare.

(j)        Except when the driver has made a previous order or engagement, serve the first person requiring the service of the driver’s vehicle at any place within the city, at any time by day or night, except when the person:

(i)        Is intoxicated or disorderly; or,

(ii)        Refuses to give his/her destination; or,

(iii)      Is in possession of an animal other than a service animal; or,

(iv)      Is eating or drinking any food or beverage; or,

(v)       Has not paid a previous fare or cancellation fee; or,

(vi)      Is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable or unwilling to satisfy the driver that he has the funds to pay the fare; or,

(vii)      Is a grossly unclean person; or,

(viii)     Is a person under the age of twelve (12) years who is not accompanied by an adult; or,

(ix)      Refuses to wear a seat belt and either fails to produce a medical certificate exempting him/her from wearing a seat belt assembly, or fails to satisfy the driver that his/her weight is under eighteen (18) kilograms (40lbs); or,

(x)       Is intending to smoke in the vehicle.

(k)       Punctually keep all his/her appointments, and shall not make any appointment if a previous engagement would prevent him/her from fulfilling it.

(l)         Take due care of all property delivered or entrusted to him/her for conveyance or safekeeping, and immediately on the termination of any hiring engagement, shall examine the interior of his/her vehicle for any property lost or left therein, and all property or money left in his/her vehicle shall be forthwith delivered to the person owning the property or money and if the taxicab owner of the property or money cannot at once be found, the taxicab driver shall deliver the property or money to the nearest police station, with all information in his/her possession regarding the property or money.

(m)    When a passenger enters the vehicle and gives the taxicab driver the desired destination, take the shortest possible route to the destination desired, unless the passenger designates otherwise.

(n)      when a dispute arises with a passenger about the fare, refer the dispute to the taxicab owner or broker for resolution.

(o)      Turn off any radio, tape player or any other sound producing mechanical device in his/her taxicab and turn down the volume on the two-way radio upon being requested to do so by any passenger, and having done so, shall leave such devices in the off or turned down position until termination of the trip with the passenger.

(p)      Transport all passengers who are accompanied by service animals or an animal in a portable kennel or cage.

(q)      Engage the taxicab meter at the commencement of the trip when the passenger enters the cab and keep it engaged throughout the trip except where a flat rate is applicable.

(r)        Be allowed to engage the taxicab meter before the passenger enters the vehicle only after the taxicab driver has notified the passenger of his/her arrival and has waited a reasonable time after the due time of the order.

(s)       At the conclusion of the trip, place the taxicab meter in the time off status and after collecting the fare, place it in vacant status.

(t)        Ensure that inside the taxicab and accessible taxicab vehicle, the following is visible to any passenger:

(i)   the taxicab drivers photo license;

(ii)  the tariff card;

(iii) a small self-adhesive sign with the words “if the meter is not on for rides within the City of Clarence- Rockland, the fare is free”;

(u)      Not smoke any cigar, cigarette and tobacco and any other substance in the licensed vehicle.

(v)       Not use a cell phone while the vehicle is in motion and/or a passenger is in the vehicle.

Duties of Accessible Taxicab Drivers

19.13    Notwithstanding section 19.12 (j), every licensed driver of an accessible taxicab shall serve the first person unable to board regular vehicles due to a physical disability requesting the service of his/her vehicle at any place within the city, at any time of day or night, except where the provisions of section

19.12 (j) of this by-law apply.

19.14    Every licensed driver of an accessible taxicab shall:

(a)       Offer such assistance as required to facilitate the entry or exit of a physically disabled person into or out of an accessible taxicab.

(b)      Where a wheelchair is being used by a passenger, ensure that the wheelchair is properly secured in the area so provided.

(c)       Ensure that the seatbelt is properly secured.

Taxicab Stands

19.15    No vehicle, other than a taxicab licensed under this by-law, waiting for hire or engagement, shall be parked at any stand, marked as a taxicab stand by authorized signs.

19.16    Every taxicab driver shall only enter a taxicab stand by taking his/her position at the end of any line formed by the taxicabs already at the stand.

19.17    Every taxicab driver shall, while waiting at a taxicab stand or at any other public place:

(a)       Not obstruct or interfere in any way with the normal use of the taxicab or public place, or interfere with the surrounding traffic patterns; and

(b)      Not make any loud noise or disturbance; and

(c)       Be sufficiently close to his/her taxicab to have it under observation at all times: and

(d)      Not wash the taxicab; and

(e)       Not make repairs to his/her taxicab, unless the repairs are immediately necessary.

(f)        Not pick up any passenger within sixty (60) meters of a taxicab stand when there is one (1) or more taxicab at the stand:

(i)            Unless an arrangement has been previously made with the passenger to pick them up a certain location; or

(ii)            Unless the passenger exhibits a preference for that taxicab, and the chosen taxicab driver notifies the driver of the first taxicab on the taxicab stand.

Taxicab Driver Prohibitions

19.18    No licensed driver shall:

(a)       Carry a greater number of passengers than is set out in the manufacturer’s rating of seating capacity for such vehicle and a seat belt is available for each passenger.

(b)      Drive with luggage or any object placed in, hung on or attached to the vehicle in such a manner as will obstruct the taxicab driver’s view of the highway.

(c)       Take, consume or have in his/her possession any alcohol, drugs prohibited by law, prescription or non-prescription drugs or intoxicant’s which impair the taxicab drivers ability to operate a vehicle.

(d)      Use any tariff card, other than that obtained from the licensing director, or remove, exchange, lend or otherwise dispose of the tariff card.

(e)       Take on any additional passengers after the vehicle has departed with one (1) or more passengers from any one starting point, except under the following circumstances:

(i)  when done at the request of a passenger already in the vehicle.

(ii) in an emergency situation.

(f) Drive a taxicab which does not have an owner’s plate affixed thereto.

(g)  Drive a taxicab whose owner is not a licensed taxicab owner.

(h)  Permit a passenger to stand in a vehicle while the vehicle is in motion.

(i)   Be required to accept any order when the expenditure of money by the licensed taxicab driver is required on behalf of the passenger.

(j)   Recommend hotels, restaurants or other like facilities unless requested to do so by the passengers.

(k)  Be required to provide change for any note larger than fifty dollars ($50) unless the fare is at least one-half (1/2) of the value of the said note.

(l)   Operate a taxicab when the meter has not been adjusted in accordance with the existing current rates set out in this by-law, or when the operation has not been approved by the licensing director.

(m) Operate a taxicab when the taxicab meter does not operate properly.

(n)  Operate a taxicab without an owner’s plate, side numbers and roof light, provided in accordance with the provisions of this by-law.

(o)  Contravene or permit the contravention of the smoke free Ontario act.

(p)   Operate a taxicab, unless such vehicle:

(i)    Is equipped with a spare tire and jack, ready for use for that vehicle.

(ii)   Meets the standards required for the issue of an acceptance under an Ontario ministry of transportation and communication vehicle inspection report, or meets the standards for the issue of a safety standard certificate of mechanical fitness.

(iii)   Is clean, dry and in good repair as to its interior (as defined in section 20.18 (a)).

(iv)   Is clean and in good repair as to its exterior, free from exterior body damage (as defined in section

20.18 (b)).

(q)   Induce any person to engage his/her vehicle by any misleading or deceiving statement or representation to that person about the location or distance of any destination named by that person.

(r)    Recover or receive any fare or charge from any passengers or persons who had demanded his/her services, which is greater or less than the fare or charge authorized by this by-law except for a tip, gratuity, credit card, service charge, debit card or toll highway.

(s)    Recover or receive any fare or charge from any person from whom he has refused to show the tariff card.

(t)    Make any charge for time lost through defects or inefficiency of the vehicle or the incompetence of the taxicab driver.

(u)   Make any charge for the time elapsed due to early arrival of the vehicle in response to a call for the vehicle to arrive at a fixed time.

(v)   Enter into or become a party to an exclusive concession agreement.

(w)  Agree to pay, accept a fee or consideration or do any other act or thing pursuant to an exclusive concession agreement.

(x)  Charge a tariff which is not in accordance with the appropriate tariff as set out in this by-law.

(y)  Use or be permitted to use a two-way radio or monitoring device in the taxicab which enables transmission and/or receive any frequency of another licensed taxicab owner or taxicab broker licensed under this by-law, with whom the driver is not affiliated.

(z) Be actively affiliated with more than one (1) licensed taxicab broker at any time.

Part 20  Taxicab Owners

Licensing Prerequisites – Taxicab Owners

20.1   Every applicant for a taxicab owner’s license shall:

(a)      Submit to the licensing director;

(i)       A copy of a current motor vehicle permit which is in good standing and was issued in the applicant’s name by the province of Ontario for the motor vehicle of which they are the owner.

(ii)      A copy of a current Ontario standard automobile insurance policy for the vehicle for which he/she is the owner. The policy shall be endorsed to provide that the licensing director be given at least ten

(10) days’ notice in writing prior to any cancellation, expiration or change in the amount of the policy. The policy should insure, in respect to any one accident, an amount of at least two million dollars ($2,000,000) exclusive of interest and cost.

(iii)    A copy of a taxicab driver’s license issued under this by-law.

(b)     Meet the requirements of section 20.17 of this by-law relating to the vehicle.

(c)      Comply with all the provisions of this by-law.

(d)      Provide, on his/her own or in conjunction with a licensed taxicab broker, a dispatch service, for the dispatching of all licensed taxicab and accessible taxicabs on a twenty-four

(24) hours a day, seven (7) days a week basis, which offers citywide coverage.

(e)       If the applicant for a taxicab owner’s license is a corporation, the person holding the shares carrying at least fifty-one per-cent (51%) of the voting rights of the corporation shall be a driver licensed under this by-law. If no one person holds at least fifty-one per-cent (51%) of the voting rights of the corporation, then the corporation shall designate one (1) person to be the licensed driver.

20.2    Every licensed taxicab owner shall:

(a)       Keep, at all times, in the vehicle of which he/she is the taxicab owner, the original, or a photo copy of the original, of each of the following documents:

(i)        A current motor vehicle permit which is in good standing and was issued in the applicant’s name by the province of Ontario.

(ii)       The current owner’s license issued under this by-law.

(iii)      The certificate of liability insurance for the vehicle, in accordance with the by-law.

(b)       Affix the taxicab owner’s plate to the left rear trunk, or at a location and in a manner approved by the licensing director.

(c)        Employ or use only the services of taxicab drivers licensed under this by-law.

(d)        Repair any mechanical defect in the vehicle by a licensed mechanic, reported to him/her by a licensed taxicab driver.

20.3    Retain copies of the daily trip sheet submitted by the licensed taxicab driver of the vehicle for at least six (6) months and make them available for inspection at the request of the licensing director.

20.4    Have in or on the vehicle: the taxicab owner’s plate number for that taxicab in letters of at least fifteen (15) cm affixed on both front fenders, on top rear of the fender, or at a location and in a manner approved by the licensing director.

20.5    Ensure that the current tariff card is prominently displayed in the taxicab at all times so that it is readable under daytime and night time conditions;

20.6    Ensure that the taxicab is equipped with an approved taxicab meter which is:

(a)           Attached to the motor vehicle in such a position that the fare computed is clearly visible to the passengers in the front and rear seats of the taxicab;

(b)          Sealed with a seal approved, provided and installed by the municipality;

(c)           Adjusted in accordance with the tariff prescribed in section 22.1;

(d)          Tested for compliance with the tariff prescribed in section

22.1 by a license inspector, by running the taxicab in which it is attached over a measured track or distance before being sealed;

(e)           Clearly illuminated so as to be visible to passengers in the taxicab between dusk and dawn;

(f)            Kept in good working condition at all times;

(g)          Used only when the seal is intact;

(h)          Tested and sealed before being put into service if the taxicab meter has been replaced, repaired, altered, adjusted or broken.

20.7       An electrically illuminated roof sign which is securely attached to the top of the taxicab in a manner approved by the licensing director and wired to the taxicab meter and working in conjunction with the taxicab meter so that it is not illuminated when the meter is engaged and is illuminated when the headlights are on and the meter is in the vacant status.

20.8       Make the vehicle(s) available for service on a twenty-four (24) hours a day, seven (7) days a week basis for taxicab services within the city of Clarence-Rockland.

20.9       Ensure that every licensed vehicle is repaired and maintained by a licensed mechanic.

20.10    Provide taxicab vehicles powered only with alternative fuel, with the exception of accessible taxicab vehicles.

20.11    Ensure vehicles comply with requirements of section 20.17.

Vehicle Owner Prohibitions:

20.12    No licensed taxicab owner shall:

(a)  Except when affiliated with a taxicab broker, permit a vehicle not owned by him/her, to be operated under the authority of his/her owner’s plate.

(b)  Permit a vehicle of which he/she is a taxicab owner, to be operated with mechanical defects of which he/she is aware.

(c)   Operate a vehicle or permit his/her vehicle to be operated under this by-law, without the taxicab owner’s plate or sticker for that taxicab attached thereto.

(d) Operate a vehicle or permit his/her vehicle to be operated which is not registered under this by-law.

(e) On any vehicle licensed under this by-law, display any taxicab owner’s plate, decal or sticker, issued by the licensing authority of any other municipality.

(f)  Operate a vehicle that is not clean and in good repair as to its exterior, free from exterior body damage.

(g) Put any name, address or telephone number or identification other than that of himself/herself or the taxicab broker with whom he/she is affiliated, on his/her taxicab roof sign.

(h) Use or permit to be used on his/her taxicab, any emblem, decal, roof-sign or other markings which are the same shape and/or colour or similar to any distinctive emblem, decal, roof-sign or other markings being used by any other taxicab owner or taxicab broker with whom he/she is not affiliated.

(i) Operate or permit his taxicab to be operated in affiliation with a taxicab broker who is not licensed under this by- law.

(j) Display or permit the display of any sign, emblem, decal, ornament or advertisement, on or in his/her taxicab except in a form approved by the licensing director.

(k) Operate or permit his/her taxicab to be operated, unless the taxicab meter is an approved type, and has been tested and approved by the licensing director.

(l)  Operate or permit his/her taxicab to be operated for the purpose of transporting children to or from schools, except in compliance with the following provisions:

(i)  Unless such vehicle is licensed as a taxicab by the municipality;

(ii)  Each passenger shall be required to have their own seat belt; and

(iii) The use of child safety seat shall be used in accordance with the highway traffic act, r.s.o. 1990, c. H.8.

Insurance

20.13   Prior to the issuance of a taxicab owner’s license, each taxicab owner shall file, with the license inspector, proof of insurance in respect of each vehicle owned or leased by the taxicab owner in accordance with the following minimum requirements:

(a)     Endorsed to provide for a taxicab, coverage for public death, bodily injuries and property damage for damage occasioned by any accident arising out of the operation of the vehicle; and

(b)     Endorsed to provide no-fault benefits set out in the no- fault benefits schedule under the insurance act of Ontario.

20.14  When a licensed owner ceases to have a current and valid Ontario standard automobile insurance policy in good standing and properly endorsed in accordance with the provisions of

Section 20.1 (a)(ii) of this by-law, the licence shall be deemed to be suspended and the license may be reinstated when written proof of insurance in accordance with the provisions of section 20.13 is delivered to the licensing director.

20.15    When the licensed taxicab owner has his/her license suspended under section 20.13, he/she shall forthwith remove the taxicab owner’s plate and return the taxicab owner’s plate and the license to the licensing director.

20.16    All insurance renewal policies or certificates of insurance shall be filed with the licensing office ten (10) days prior to the expiry date of the current insurance policy.

Vehicle Standards

20.17    An applicant for a taxicab owner and an accessible taxicab owner’s license under this by-law shall, before using the vehicle in accordance with this by-law:

(a)        Attend at the licensing office and produce a copy of the current passenger motor vehicle permit in good standing, issued by the province of Ontario, in the applicant’s name, a copy of the current Ontario standard automobile insurance policy to show the taxicab owner’s license.

(b)        Allow the vehicle to be inspected by the licensing director.

(c)         Produce and file with the licensing director, either:

(i)         An Ontario ministry of transportation vehicle inspection report, showing that the vehicle has been accepted, within the previous thirty (30) days; or

(ii)         A safety standard certificate, issued under the highway traffic act within thirty (30) days.

(d)         File with the licensing director, all documents relating to the vehicle including documentation relating to ownership, or vehicle operation.

(e)         Provide all vehicles with same distinctive color schemes as approved by the licensing director and such vehicles shall not be similar in appearance to emergency service vehicles.

(f)          Ensure that the vehicle to be registered has:

(i)           A roof light.

(ii)          A taxicab meter.

(iii)          All identifying decals or markings.

(iv)          Fender numbers.

(v)           Tint free windows.

(vi)          All other items, which make the vehicle appear to the public to be a taxicab.

(g)          In addition to the requirements of a taxicab owner, an accessible taxicab owner shall:

(i)            Ensure the motor vehicle is approved as an accessible motor vehicle as per highway traffic act,

R.s.o. 1990, c. H.8. And provide written proof of same to the license inspector; and

(ii)            Affix to the owner’s plate displaying the international symbol of disabled persons on the rear of the motor vehicle.

Interior and Exterior Condition of Taxicab  Vehicles

20.18    Every taxicab or accessible taxicab vehicle owner and taxicab driver shall:

(a)    Maintain the interior and exterior of the taxicab and accessible taxicab vehicle in a clean and tidy condition, including but not limited to, maintaining the interior:

(i)     Free from all dust, dirt, grease, oil, adhesive resin and any other item that can be transferred on to the person, clothing or possessions of a passenger;

(ii)    Free of all waste paper, cans, garbage or any other item not intrinsic to the operation of the motor vehicle;

(iii)   Free of noxious substances;

(iv)   Free of excess wear including tears and cigarette burns in the upholstery;

(v)    In a dry condition;

(vi)    In good repair;

(vii)   With working seat belts;

(viii)  With side windows designed to open and close;

(ix)    With every seat securely mounted maintaining its position and adjustment;

(x)     With a working dome light;

(xi)    With operable air-conditioning and heating;

(xii)   With side windows which are intended to open in good working order.

(b)     And maintaining the exterior:

(i)      Free from all dust, dirt, grease, oil, adhesive resin and any other item that can be transferred on the person, clothing or possessions of a passenger, except water or snow;

(ii)      In good repair;

(iii)     Free from exterior body damage;

(iv)     With no missing or removed fender, grill or molding;

(v)      With securely closing doors and trunk lid;

(vi)     With all handles and catches in good repair;

(vii)     Paint or finish; and

(viii)    With four (4) matching hubcaps.

Taxicab Vehicle Age Limitation:

20.19    No licensed taxicab or accessible taxicab shall replace a motor vehicle used as a taxicab or accessible taxicab with a replacement motor vehicle that is more than nine (9) years old.

20.20    Despite section 20.19, no licensed taxicab or accessible taxicab shall replace the motor vehicle used as a taxicab with a replacement motor vehicle that is a natural gas powered vehicle.

20.21    Vehicles more than nine (9) years old may be used as a taxicab or as an accessible taxicab provided that:

(a)       The licensing director, after inspecting the vehicle, is satisfied that the vehicle’s interior is neat, clean, dry and in good repair; and, on its exterior, clean and in good repair, free from exterior body damage and has a well maintained paint finish;

(b)       The vehicle has been submitted for a safety inspection by a qualified and licensed automobile mechanic and a valid mechanical fitness certificate as prescribed by the highway traffic act of ontario, has been submitted to the licensing director; and

(c)       The prescribed fee under the current fee by-law for extension of the vehicle model year has been paid to the licensing director.

20.22    For the purposes of calculating the age of the vehicle in this section, the current year is not counted.

Safety Features

20.23    (reserved)

Disposal and Vehicle Replacement

20.24    A taxicab owner licensed under this by-law who disposes of his/her vehicle or otherwise ceases to use his/her vehicle for the purposes permitted under this by-law and acquires another vehicle for the purposes permitted under this by-law, before using the new vehicle acquired as a taxicab he/she shall:

(a)       Attend at the licensing office and produce a copy of the current passenger motor vehicle permit in good standing issued by the ministry of transportation in the plate owner’s name, owner’s license, and a copy of the current Ontario standard automobile insurance policy, endorsed to show the vehicle being registered.

(b)       Produce and file with the licensing director, either:

(i)            An Ontario ministry of transportation vehicle inspection report showing that the vehicle has been accepted within the previous thirty (30) day; or

(ii)            A safety standard certificate issued under the highway traffic act, r.s.o. 1990, c. H.8 within thirty (30) days of the application.

(c)       File with the licensing director all documents required to report the change, including documentation relating to ownership, or vehicle operation.

20.25    In addition to the provisions of section 20.24, the vehicle to be used shall be submitted for inspection by the licensing office during normal business hours and shall not be used until the inspection has taken place and the approval has been given.

20.26    Only when the licensed owner meets all the requirements of this by-law, the vehicle shall be deemed to be registered.

20.27    When the licensed taxicab owner disposes of or otherwise ceases to use the registered vehicle as a taxicab, he/she shall immediately remove from the said vehicle being disposed of:

 

(a)       the roof light.

(b)       the taxicab meter.

(c)       all identifying decals or markings.

(d)       fender numbers.

(e)       taxicab plate.

(f)        all other items which make the vehicle appear to the public to be a taxicab.

Conditions Transfer of Licence

20.28    The license issued to a taxicab owner, accessible taxicab owner and taxicab driver under this by-law is not transferable, but subject to any other provisions of this by-law, a taxicab owner, accessible taxicab owner and taxicab driver may sell his/her vehicle and its equipment to any person and upon such sale the taxicab owner, accessible taxicab owner and taxicab driver owner’s license issued in respect of such vehicle shall be terminated.

20.29    On the purchase of a vehicle from a holder of an existing taxicab owner’s license, the purchaser may apply as an original applicant for a taxicab owner’s license and to be considered, must meet all the requirements of this by-law for a taxicab owner’s license.

20.30    When controlling interest in any limited company holding a license under this by-law is being sold, the purchaser of the shares shall apply for the consent of licensing director to obtain such licenses.

Right of Inspection of Premises or vehicles

20.31    Every taxicab owner licensed under this by-law shall allow his/her vehicle(s) to be inspected by the licensing director for one (1) mandatory inspection per year and shall provide at his/her own expense either:

(a)       An Ontario ministry of transportation vehicle inspection report, showing that the vehicle has been accepted within the past thirty (30) days; or

(b)       A safety standard certificate issued under the highway traffic act, r.s.o. 1990, c. H.8 within thirty (30) days of inspection date.

20.32    The licensing director may, at any time, require a taxicab owner or taxicab driver to surrender his/her vehicle for inspection at an appointed place.

20.33    Every taxicab and accessible taxicab shall be inspected by the licensing director before any license is granted and no taxicab or accessible taxicab owner or taxicab driver shall refuse or neglect to surrender such taxicab or accessible taxicab for inspection when required, or prevent or hinder the said licensing director from inspecting and/or testing the said taxicab, or entering any garage or other building for such purpose.

20.34    Every taxicab and accessible taxicab plate owner shall surrender the taxicab and accessible taxicab vehicle to random inspections at any time specified by the licensing director.

20.35    If the licensing director believes that a taxicab or accessible taxicab vehicle or its equipment is mechanically defective, the taxicab or accessible taxicab plate owner or taxicab driver shall be given written notice requiring such taxicab and accessible taxicab plate owner or taxicab driver to submit the taxicab or accessible taxicab vehicle for examination by a certified mechanic duly licensed by the province of Ontario  within twenty-four (24) hours.

Part 21       Brokers

21.1    Every applicant for a broker license shall:

(a)       Attend the licensing office in person and complete a written application for such a license:

(i)         If a corporation, file copies of the letters of incorporation or other incorporating documents, duly certified by the proper government official or department, together with an annual return which contains a list of all shareholders of the corporation; or

(ii)        If a partnership, provide the names and addresses of each member of the partnership as well as the name under which the partnership intends to carry on business.

(b)       Provide proof that:

(i)            The premises from which the broker’s business will operate are within the geographical boundaries of the city, are appropriately zoned and will continue to be located and zoned throughout the term of the license or at a location approved by council resolution;

(ii)            There is a system for receiving orders and dispatching taxicab and/or accessible taxicab vehicles licensed under this by-law in the fleet and that the system will not interfere with any other broker.

(c)       Pay all the fees prescribed under the current fee by-law.

Taxicab Broker Duties:

21.2    Every licensed taxicab broker shall:

(a)      Maintain an office within the municipality, from which the taxicab brokerage is operated, or a location approved by the city.

(b)      Provide the licensing director with a list, showing in numerical order by taxicab owner’s plate number, the name of every taxicab driver operating any taxicab with which he has entered into any arrangement for the provision of taxicab brokerage services.

(c)      Notify the licensing director, in writing, within ten (10) days of any additions or deletions from the list provided under section 21.2 (b) above.

(d)      Keep a record of each taxicab dispatched on a trip, the time and date of receipt of the order, and the pick-up location and retain these records for a period of at least six

(6) months.

(e)      Provide the licensing director with a copy of the federal radio license call sign and frequency number, if any.

(f)       Upon request, inform any customer of the anticipated length of time required for a taxicab to arrive at the pick- up location.

(g)      When volume of business is such that service will be delayed to a prospective customer, the broker shall inform the customer of the approximate length of the delay, before accepting the order.

(h)      Dispatch a taxicab to any person requesting service within the municipality, unless the person requesting service has not paid for a previous trip and these facts are verified by the taxicab broker.

(i)       Carry on business only in the name in which he is licensed.

(j)       On instructions of the licensing director, not dispatch calls to any taxicab, if the licensed owner or licensed driver, in the opinion of the licensing director, may have contravened any part of this by-law, which substantially affects the public.

(k)      Upon request, provide to the licensing director a list showing the number of taxicabs available for service to the public on any particular day, including the times when it was last available for service on that day and also including the number of dispatched calls serviced by each such taxicab.

(l)       Employ or use only the services of a taxicab owner or taxicab driver licensed under this by-law.

(m)     Ensure that the taxicab brokerage services are available on a twenty-four (24) hours a day, seven (7) days a week basis for taxicab services within the city of Clarence-Rockland.

(n)       Take reasonable steps to ensure that employees behave civilly and courteously in the performance of their duties; and

(o)        Ensure that a request for accessible taxicab service from or for a person with a disability shall be dispatched on a priority basis to the next available accessible taxicab vehicle located nearest the location of the request for service.

21.3    a license issued to a taxicab broker under this by-law may be cancelled by the licensing director at any time, if the taxicab broker fails to actively operate for a continuous period of sixty

(60) days or an aggregate total time exceeding ninety (90) days in a twelve (12) month period, unless the taxicab broker can show to the satisfaction of the licensing director, just cause for such failure.

Taxicab Broker Prohibitions:

21.4    No licensed taxicab broker shall:

(a)      Accept orders for, or in any way dispatch or direct orders to a taxicab, licensed under this by-law:

(i)       When the activity would be illegal under another municipal taxicab or similar licensing by-law, or provincial statute.

(ii)       Where the fare is less than that permitted under this by-law.

(b)       Accept orders for, or in any way dispatch or direct orders to a taxicab, which is not licensed under this by-law for a pick-up location within the boundaries of the city of clarence-rockland.

(c)        Require any taxicab driver to accept any order necessitating the expenditure of money, by the taxicab driver, on behalf of the customer.

(d)        Enter into an agreement for the provision of taxicab brokerage services with a taxicab driver or taxicab owner who is already affiliated with another taxicab broker.

(e)        Make any charge or financial demand, directly or indirectly, of a taxicab owner other than brokerage fees.

(f)         Dispatch to any person within the city of clarence- rockland, a taxicab, which is not on the list provided under section 21.2 (b).

(g)        Charge a tariff or enter into an agreement to charge a tariff, which is not in accordance with the appropriate tariff in this by-law.

21.5    Every broker licensed under this by-law shall keep a record:

(a)      Of every car dispatched on a trip, the date and time of dispatch, the specific place of pick-up of such trip and shall retain such record for a period of at least six (6) months and shall, at the request of the licensing director, or any person designated by him/her, allow such records to be inspected by such person;

(b)          Of the name of every taxicab driver driving a taxicab or an accessible taxicab vehicle in respect of which the said broker has any arrangement or agreement for the accepting of calls for service and shall provide any information from this record requested by the licensing director upon twenty-four (24) hours’ notice; and

(c)           Showing the following information and such record shall be open for inspection during office hours by any police officer, the licensing director or designate:

(i)            The number of calls for taxicab and accessible taxicab service received;

(ii)           The number of such calls which are not serviced and the reason thereof.

Part 22  Tariffs and Exemptions from Tariffs

22.1    the following regular tariffs shall apply to taxicabs operating in the City of Clarence-Rockland.

Taxicab Tariff Schedule

(a)

flag drop

$3.50

 

each additional ninety (90) meters or part thereof

$0.15

 

each kilometer

n/a

 

waiting time while under engagement for each twenty-three (23) seconds

$0.15

(b)

fee for use of debit

Up to $1.50

(c)       A seniors citizens tariff fare discount

A senior citizen tariff fare discount of ten per cent (10%) shall be given to senior citizens upon producing identification issued by the federal or provincial governments confirming the individual to be sixty (60) years of age or older.

(i)            The ten per cent (10%) discount shall apply to the total fare.

(ii)           The discount in fare shall be calculated on the nearest full dollar registered on the fare meter.

(iii)          Such discount shall be noted in all advertising, i.e., yellow pages, etc.

Flat Rate

22.2    The regular tariff rates referred to in this by-law, shall not apply to taxicabs being used for the transportation of children to and from school, or to taxicabs operating under contract to any business, organization or government agency for the transportation of handicapped persons.

22.3    When a taxicab driver picks up a passenger within the municipality with a destination outside the municipality, the driver and the passenger may agree on a flat rate before the commencement of the trip.

Taxicab Meter Road Test

22.4    When the licensing inspector is not available to road test the taxicab as required under section 20.6, the licensed taxicab owner or the licensed taxicab driver who has had the taxicab meter altered, repaired or replaced in the taxicab, may operate the taxicab on a weekend for a period of up to seventy-two (72) hours and during the week for a period of up to forty-eight (48) hours, provided that the licensed taxicab driver has in his/her possession a certificate or receipt for the repair or installation of the taxicab meter, signed by the person who made the repairs or installations and the receipt sets out the date, time and nature of the repairs or installations.

Part 23  Vehicle out of Service

23.1    Every taxicab or accessible taxicab owner shall be required to notify the licensing director, in writing, of the particulars of any taxicab or accessible taxicab vehicle which has been taken out of service for longer than three (3) days and the date thereof, within three (3) days of such event.

23.2    A taxicab or accessible taxicab vehicle shall not be taken out of service for more than fifteen (15) consecutive days, nor an aggregate total time exceeding thirty (30) days in a calendar year without the prior written consent of the licensing director,

Failing which, the taxicab or accessible taxicab vehicle plate relating to that specific vehicle may be revoked, in the sole discretion of the licensing director.

23.3    Every taxicab or accessible taxicab vehicle owner may apply for permission to maintain a substitute taxicab or accessible taxicab vehicle to temporarily replace vehicles, which are seriously damaged or damaged beyond repair, during the period of repair or replacement and subject to the following conditions:

(a)           The substitute vehicle must meet all the requirements of this by-law and shall be required to be inspected for safety and cleanliness by the licensing office;

(b)          There shall be no fee for the temporary transfer of licenses to substitute vehicles;

(c)           The taxicab or accessible taxicab vehicle plate holder shall be required to advise the licensing director in writing by letter or facsimile transmission that the substitute vehicle has been brought into service and the taxicab or accessible taxicab vehicle plate has been affixed to the substitute vehicle, and shall advise when the originally licensed vehicle has returned to service; and,

(d)          No temporary transfer of a license to a vehicle shall be permitted for a period exceeding six (6) months.

Part 24     Issuance of New Plates Limitation of Taxicab Owner Licenses

24.1    A ratio based on the population growth of the city is used to determine the number of taxicab and accessible license plates to be issued. The ratio is 1:1750 and the total number of licenses will be reviewed every five (5) years. For the purposes of this section, the number of residents of the city shall be as determined by the latest revised population figures available from statistics canada (five-year actuals).

24.2    The total number of taxicab owner licenses and owner plates (taxicab and accessible) issued at any given time shall not exceed the number established by the ratio; but the number of taxicab owner licenses and owner plates may be less at the discretion of council.

24.3    The licensing director may annually issue new accessible taxicab owner licenses and owner plates within three (3) months of the estimated annual population statistics from statistics canada if warranted, subject to direction of council.

24.4    Every five (5) years, based on the population figures from statistics canada, the licensing director will issue new owner plates in accordance with the ratio noted in section 24.1, with the allocation between accessible taxicabs and taxicabs at the sole discretion of council.

Eligibility for New Plates

24.5    The city will issue all new accessible and taxicab owner plates through a request for proposal process established by the city and will require all applicants to produce a copy of their business plan.

24.6    In order to qualify, the applicant must meet the following eligibility requirements:

(a)           An applicant must be a taxicab driver in the city of Clarence-Rockland for at least two (2) years prior to the date of filing the application, and must provide documentary evidence showing employment as a driver in the city of Clarence-Rockland taxicab industry, or

(b)          An applicant must have been an owner or broker licensed under this by-law for a minimum of two (2) years.

(c)           The applicant must not currently have any taxicab owner’s license plates that are not in use.

24.7    The business plan must include, but not be limited to, the following requirements:

(a)           How they intend to provide twenty-four (24) hours a day, seven (7) days per week service.

(b)          How the plate owner will be involved in the day to day operation of the company and any other staff positions that will be responsible for the operation.

(c)           Provide details of proposed dispatch, which must be located in Clarence-Rockland.

(d)          A type of vehicle.

(e)           Provide vehicle maintenance plan.

(f)            A colour scheme for the taxicab.

(g)          A contingency plan when a vehicle is out of service.

(h)          Provide a copy of articles of incorporation and/or business registration to be submitted

(i)             A sample copy of the trip sheets to be used in his/her taxicab company.

(j)            Provide a description of who will be involved in the operation of the taxicab company (i.e. Dispatcher, director), if applicable.

(k)           If the new taxicab company has an agreement with a current taxicab company, a copy of that agreement must be submitted.

(l)             Indication of the minimum number of plates required to operate a viable business that is in compliance with all city by-law requirements.

(m)        How driver training will be provided.

24.8    All business plans will be evaluated based on the criteria outlined in the request for proposals as identified in section 24.7 of this by-law. Following the evaluation of the business plans submitted, and provided all other requirements of this by-law have been met, the licensing director may issue plates in accordance with the by-law.

Part 25 Exemptions

25.1 The city is exempt from the provisions of this by-law.

Part 26 Penalties

26.1    Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, chapter p.33., as amended.

(a)           In addition to the penalty provided in section 26.1, an owner and/or driver, on a second offence conviction, shall have his/her license suspended for a period of two (2) years, without holding a hearing under section 11.1.

26.2    Every person who contravenes any provision of this by-law and every director or officer of a corporation who knowingly concurs in such contravention by the corporation is guilty of an offence and upon conviction, is liable to a fine not exceeding twenty-five thousand dollars ($25,000).

(a)           Where a corporation is convicted of an offence under section 26.1, the corporation is liable to a fine not exceeding fifty thousand dollars ($50,000) and not as provided therein.

Part 27 Severability

27.1    If a court of competent jurisdiction declares any section or part of this by-law invalid, it is the intention of council that the remainder of the by-law shall continue in force.

27.2    All schedules and parts referred to in this by-law and attached to this by-law, including the current fee by-law, shall be deemed to be part of the by-law.

Part 28 Interpretation

28.1    This by-law is known as “the taxicab by-law”.

28.2    The provisions of the interpretation act, r.s.o. 1990, c. I. 11, shall apply to this by-law as required.

28.3    If what is known as “daylight savings time” has been generally adopted by the city for any period of the year under any statute, order-in-council, by-law, resolution, proclamations, whether the same is effective in law or not, such time shall be held to be the time referred to during such period in any reference to time in this by-law.

28.4    In this by-law, unless the context otherwise requires, words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine.

Part 29  Repeal and Transition Provisions

29.1    That this by-law come into full force and effect on the 19th day of September, 2016.

29.2    The City of Clarence-Rockland By-law Number 2004-02 and all amendments thereto are hereby repealed.

29.3    Notwithstanding section 29.1, any license issued under by-law no. 2004-02 shall be deemed to be a license under this by-law until the license expires and is renewed under this by-law or is revoked in accordance with the provisions of this by-law.

Read and passed in open council on this 6th day of    September, 2016.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Temporary structures (Tempo) - 2017-133 *

Being a by-law to regulate the erection of temporary structures, commonly known as “tempo garages”

Whereas council is empowered under section 128 of the Municipal Act, 2001, 5.0. 2001, c.25, as amended, to pass by-laws to prohibit and regulate public nuisances, including matters that, in the opinion of council, are, or could become or cause public nuisances; and

Whereas the council does believe the proliferation of temporary storage structures made of plastic and metal or similar materials to be a detriment to the streetscapes and a visual nuisance; and

Notwithstanding the functional nature of these structures, the council of the Corporation of the City of Clarence-Rockland does believe a level of control should be placed on the installation of these structures in order to achieve a balance between function and the impact on the visual nature of the municipality.

Therefore the council of the Corporation of the City of Clarence-Rockland does enact as follows that:

1.0       Definitions:

In this by-law:

a)   “City” means the Corporation of the City of Clarence-Rockland.

b)   “Council” means the Council of the Corporation of the City of Clarence-Rockland

c)    “Chief Building Official” means the agent or employee appointed by the City of Clarence-Rockland to enforce the provisions of the Building Code Act or any other by-law of the city, and includes employees acting under his/her direction.

d)   “Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act.

e)   “Person” means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being of the male or female gender;

f)    “Temporary Storage Structure” means any manufactured structure kit fabricated of plastic and metal or treated fabric and metal or any structure that is erected for the purpose of providing a tarp type roof cover and, or including side wall panels over goods, materials, motor vehicles or leisure vehicles.

2.0       General Prohibitions

Temporary storage structures as defined under this by-law shall be permitted in a residential zone and the following provisions shall apply:

2.1         No person shall erect a temporary storage structure closer than 1 meter to any front lot line and shall not be located closer than 3.0 meters to any exterior side lot line.

2.2         No person shall erect a temporary storage structure closer than 0.5 meter to any interior side lot line unless the opposite interior side yard is 1.2 meters or more. If the opposite interior side yard is less than 1.2 meters, no person shall erect a temporary storage structure closer than 1.0 meter from the interior side lot line closest to the temporary storage structure.

2.3         Only one (1) temporary storage structure shall be permitted within the front yard or exterior side yard.

2.4         No person shall erect a temporary storage structure on a vacant lot.

2.5         The owner or occupant of an occupied building or the owner of an unoccupied building within the limits of a residential zone may erect no more than (1) temporary storage structure in the rear yard.

2.5.1 section 2.6 and 2.7 of this by-law shall not apply to section 2.5.

2.6         No person shall erect a temporary storage structure prior to October 15 of any given year. 

2.7         No person shall fail to dismantle and remove a temporary storage before April 30th, of every year.    

2.8         No person shall erect or maintain a temporary storage structure in a manner deemed unsafe or create hazard conditions.

2.9         No person shall keep a temporary storage structure or any part of it in such condition as to be damage or dilapidated or out of character with the neighboring properties.

3.0       Exceptions

3.1         Exemptions to this by-law may be granted on an individual basis (by resolution of council), only if such request is made in writing and that council gives consideration to the director of protective services’ report/recommendation.

4.0       Enforcement and Penalties

4.1       The provisions of this by-law shall be administered and enforced by the municipal law enforcement officer.  

4.2       Where any requirement in accordance with this by-law is not carried out, the municipal law enforcement officer or persons designated by the municipal law enforcement officer for the city may, upon such notice as he deems suitable, remove the temporary storage structure or do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes.

4.3       Where any matter or material is removed in accordance with section 4.2, it may be immediately disposed of by the municipal law enforcement officer.

4.4       The removal of structures by the municipality shall not relieve any person from liability for the penalty for breach of any of the provisions herein, or for further compliance with any of the provisions herein contained.

4.5       Every person who contravenes any section of this By-law is guilty of an offence and upon conviction is liable to a fine as set out for in the Provincial Offence Act R.S.O. 1990, Chapter 33 as amended.

4.6       In addition to the imposition of a fine or other remedy, as court of competent jurisdiction may, upon conviction on an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

5.0       Severability  

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

6.0       Repeal

6.1      That by-laws 2009-138 and 2011-156 are hereby repealed.

7.0       Effect

7.1       This by-law shall come into force and take effect on the day it is duly adopted by the council of the corporation.

Read, done and passed in open council, this 6th day of November 2017.           

Guy Desjardins, Mayor                              

Monique Ouellet, Clerk

Traffic and Parking - 2020-18

En anglais seulement

Un règlement concernant la circulation et le stationnement dans la Cité de Clarence-Rockland.

Télécharger le règlement 2020-18

Tree cutting - 2018-98

A by-law to prohibit or regulate the destruction or damage of trees located in the front yard of a built property or on any part of a vacant property, on significant woodland and for subdivision agreement.

Whereas the Municipal Act, 2001, S.O. 2001, c. 25, s. 135, allows that by-laws be passed by the council of local municipalities in order to prohibit or regulate the destruction or damage of trees; and

Whereas the Corporation of the United Counties of Prescott and Russell passed by-law 2018-08 delegating its power to pass a by-law respecting the destruction or injuring of trees in woodlands to the City of Clarence-Rockland; and

Whereas it is considered desirable to regulate the destruction or damage of trees on the territory of Clarence-Rockland.

Now therefore the council of the City of Clarence-Rockland enacts as follows:

1.         Short Title     

This by-law may be cited as the tree cutting by-law.

2.         Scope

a) The provisions of this by-law shall prohibit the destruction or damage of trees located in the front yard of a built property or on any part of a vacant property along:

i) Laurier Street (annex A)

ii) Landry Road, Labonté Road or Champlain Road within the limits of the community policy area of Clarence creek (Annex B)

iii) St-Pascal Road or Du Lac Road within the limits of the community policy area of St-Pascal (Annex C)

iv) Laval Road or Champlain Road within the limits of the community policy area of Bourget (Annex D)

v)  Lacroix Road, Gagné Road or Gendron Road within the limits of the community policy area of Hammond (Annex E)

vi) Indian Creek Road, Drouin Road or Russell Road within the limits of the community policy area of Cheney (Annex F).

b) The provision of this by-law shall regulate the clear cutting within the limits of:

i) The significant woodland designation of the official plan of the United Counties of Prescott and Russell.

c) The provisions of this by-law shall preserve trees on site subject to:

i) a subdivision approval (see clause 9).

ii) an existing subdivision (regulated by the applicable subdivision agreement).

3.         Definitions:

In this by-law:

“Building” means any structure used or intended for sheltering any uses or occupancy;

“Built Property” means a part of land on which there is a building;

“By-law Enforcement Officer” means a person duly authorized to carry out the enforcement of this by-law;

“Circumference” means the measurement of the perimeter of the stem or of the tree with such measurement including the bark of the stem;

“City” means the City of Clarence-Rockland;

 “Clear-cutting” means the harvesting of all merchantable trees from area of forested land representing the lesser of 4,047 square meters (1 acre) or 20% of the total area of the lot, within a 3 years period.

“Council” means the council of the city;

“DBH”  means the diameter of the stem of a tree measured at a point that is 1.3 meter above the ground (diameter breast height);

“Dead” deprived of life; - opposed to alive and living; reduced to that state of a being in which the organs of motion and life have irrevocably ceased to perform their functions as a dead tree;

“Destroy” means any action which causes or results in the irreversible injury or death to a tree;

“Diameter” means the diameter of stem of a tree measured outside the bark at a specified point of measurement;

“Director” means the Director of the Planning department for the City;    

“Emergency work” includes work associated with drain repairs, utility repairs and structural repairs to a building or any other work of an emergency nature;

“Front yard” means the space extending across the full width of a lot between the front line and the nearest part of any main building or structure on the lot;

“Good forestry practice” means the proper implementation of harvest, renewal, and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape;

And good forestry practices permit the destruction or injuring of trees that:

  • Have been damaged by disease, insects, wind, ice, fire, lighting, or other natural causes to an extent that the health of such trees is likely to further deteriorate;
  • Should be cut or removed to prevent disease or insects from spreading to other trees;
  • Are cut in accordance with the provincial silvicultural guidelines as referred to in the forest operations and silviculture manual and its revisions prepared under the authority of the Crown Forest Sustainability Act, S.O. 1994, c. 25.

“Harvest” means the removal of a tree or trees by cutting which results in destruction of a tree by design for the purposes of extraction of some type of product;

“Owner” means a person having any right, title, interest or equity in land;

“Permit” means the written authorization from the director;

“Person” means an individual, association, partnership, corporation, farming business as defined in the Farm Registration and Farm Organization Funding Act, 1993, S.O. 1993, c. 21, as amended, a municipal, provincial or federal agency, or an agent or employee thereof;

“Qualified Practitioner” means someone who is operating within the generally accepted scope of practice of a natural ressources technician, a certified tree marker or an urban forester or an arborist or a landscape architect or a managed forest plan approver certified under the Assessment Act, S.O. 1990, c. 31, as amended, or the regulations thereto;

“Significant Woodland” means treed areas that provide environmental and economic benefits such as erosion prevention, water retention, provision of habitat, recreation and the sustainable harvest of woodland products.  woodlands include treed areas, woodlots or forested areas and vary in their level of significant;

“Silviculture” means the theory and practice of controlling forest establishment, compositions, growth and quality of forests to achieve the objectives of management;

“Tree” means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity;

“Vacant Property” means a part of land on which there is no building;

“watercourse” means the natural channel for a perennial or intermittent stream of water.

4.         Permit Required

Properties identified in clause 2a)

a)     No person shall cut or damage a tree that is 50 cm or more in circumference (15 cm in diameter) measured at 1.3 meter above ground (dbh) and is located in the front yard of a built property or on any part of a vacant property without first obtaining a permit from the director.

Properties identified in clause 2b)

b)   no person or corporation shall clear-cut on a property identified in clause 2b) without first obtaining a permit from the director.

5. No permit is required for properties identified in clause 2a) under the following circumstances:

a) The tree is located in the rear yard, side yard or external side yard of a built property.

b) The tree is of less than 50 cm in circumference (15 cm in diameter) measured at 1.3 meter above the ground (dbh).

c) The tree intended for removal is dead;

d) The tree intended for removal represents a potential health hazard for the property owner and the general public;

e) The tree is a species of willow (“salix”), a poplar (“populus”), a silver maple (“acer saccharinum”), an american elm (“ulmus americana”), a manitoba maple (acer negundo), and is located less than 10 meters from each property line, unless the property line abuts to a water course;

f) The tree is damaging a public or private property (perforated or obstructed pipe, cracked foundation etc.);

g) The tree constitutes an inevitable obstacle to the realization of a construction project on a property that is not subject to site plan control or to the development of a parking area for which a permit was already issued;

h) The purpose of the tree removal is for the thinning within a woodlot to promote the growth of the remaining standing trees and where the selective thinning has been authorized by a qualified practitioner and/or is part of an approved forest management plan for the woodlot;

i) Emergency work;

j) Activities or matters undertaken by a municipality or a local board of a municipality;

k) The injuring, destruction or harvesting of trees is intended to prevent disease or insects from spreading to other trees;

l) An individual or farm business owner of a site carrying on the injuring, destruction or harvesting of trees for fuel wood or own uses purposes;

m) Orchards, Christmas tree plantation or tree nurseries;

n) Routine maintenance and tree cutting activities within established golf course.

6.         Replacement Tree

a) A permit to destroy or injured a tree on a property identified in clauses 2a) shall be subject to the following requirement:

i) Replacement trees shall be planted and maintained to the satisfaction of the director.

7.         Protection and Maintenance of Trees

a) Any actions or works likely to have a negative effect on the health of trees, particularly backfilling, are prohibited.  however, if backfilling or other works are necessary, the owner shall have to provide a document to the director providing a list of protective measures proposed to avoid damage to trees that should be preserved on the property (e.g. protection cage)

9.         Preliminary Tree Conservation and Planting Plan for Land Subject To Subdivision Approval

a) No tree shall be cut prior to the submission of the subdivision application.

b)  All applications for subdivision shall be supported by a tree conservation and planting plan.

c)  The tree conservation and planting plan shall be prepared by a qualified practitioner.

d)  Where the subdivision is within a designation requiring an environmental impact assessment, much of this work could be done as part of that study.

e)  The tree conservation and planting plan shall be prepared in accordance with “Annex H” of this by-law.

10.       Administration

a) This by-law shall be administered by the director.

11.       Enforcement

a) This by-law shall be enforced by the by-law enforcement officer.

12.       Conditions Imposed When Issuing a Permit

a) The director may impose special conditions to a permit relating to:

i) Evidence, in the form of pictures or of a study undertaken by a qualified practitioner to justify the application for a permit.

ii) Environmental impact assessments in accordance with provision 3.3.7 of the official plan of the United Counties of Prescott and Russell, for clear-cut activities on a property identified in clause 2 b) i) of this by-law.

13.       Factor to be Considered

a) The director shall have regards to good forestry practices as defined in the Forestry Act. 2001, c. 25. 135 (5); 2002, c. 17, shed. A, p. 27 (1).

14.       Appeal to the Ontario Municipal Board

a) An applicant for a permit as required by section 5 of this by-law may appeal to the Ontario Municipal Board:

i) If the director refuses to issue a permit, within 30 days after the refusal;

ii) If the director fails to make a decision on the application, within 45 days after the application is received; and

iii) If the applicant objects to a condition in the permit, within 30 days after the issuance of the permit.

15.       Application for a Permit

a) An application for a permit shall be accompanied by the required information as set out in “Annex H” of this by-law.

16.       Fees

No fees are required (Annex G).

17.       Offences on a Property Identified in Clause 2a) of this By-law

a) Any person who contravenes the by-law is guilty of an offence and is liable:

i)  On a first contravention, to a written or a verbal warning and must replace the tree.  the replacement tree shall be planted and maintained to the satisfaction of the city;

i)  On any subsequent conviction, to a fine of not more than $10,000.00 or $1,000.00 per tree, whichever is the lesser;

ii) On any subsequent conviction, to a fine of not more than $25,000.00 or $2,500.00 per tree, whichever is lesser.

18.       Offences on a Property Identified in Clause 2b) of this by-law

a) Any person who contravenes the by-law or an order issued under paragraph 137(3) of the Municipal act is guilty of an offence and is liable:

i) on a first conviction, to a fine of not more than $10,000.00 or $1,000.00 per tree, whichever is the lesser;

ii) on any subsequent conviction, to a fine of not more than $25,000.00 or $2,500.00 per tree, whichever is lesser.       

If a person to whom the order is directed is not satisfied with the terms of the order, the person may appeal via the council within thirty (30) days after the date of the order.  the council may confirm, alter or revoke the order and the decision of the council shall be final.

By-law 2005-102 is hereby repealed.

This by-law shall come into force and effect on the date on which its adoption becomes complete.

Enacted and passes in open council, this 18th day of June 2018.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Annexe A

 Sur la rue Laurier

Carte de Rockland

 Annexe B
Landry Road, Labonté Road and Champlain Road within the limits of the Community Area of Clarence Creek (as defined in schedule A of the Official Plan of the United Counties

of Prescott and Russell)

Carte de Clarence Creek

 Annexe C
 

St-Pascal Road and du Lac Road within the limits of the Community Policy Area of St-Pascal (as defined in schedule A of the Official Plan of the United Counties of Prescott and Russell)

Carte de St-Pascal

 Annexe D

Laval Road and Champlain Road within the limits of the Community Policy Area of Bourget

(as defined in schedule A of the Official Plan of the United Counties of Prescott and Russell)

Carte de Bourget

 Annexe E

Lacroix Road, Gagné Road and Gendron Road within the limits of the Community Policy Area of Hammond (as defined in schedule A of the Official Plan of the United Counties of Prescott and Russell)

Carte de Hammond

 Annexe F

Indian Creek Road, Drouin Road and Russell Road within the limits of the Community Policy Area of Cheney (as defined in schedule A of the Official Plan of the United Counties of Prescott and Russell)

Carte de Cheney

 Annexe G

 Permis d'abbatage d'arbres

Permis d'abbatage d'arbres - sans frais

Renouvellement de permis d'abbatage d'arbres - sans frais

 Annexe H
 Formulaire de demande de permis d'abbatage d'arbres
 Annexe I

Preliminary Tree Planting and Conservation plan

Stage 1: Preliminary Tree Planting and Conservation Plan (Submit with Application Form)

Stage 1 is intended to ensure that the layout and design of the proposed subdivision incorporates the best advice with regard to conserving the existing vegetative cover.  In some circumstances there will be few opportunities to save trees and emphasis will be placed on Stage 2 (Planting).

Stage 1 consists of two elements:

  • a plan identifying the vegetative cover on the site prior to development; and
  • a professional opinion with regard to tree saving.

It is intended that this work be limited to two to three pages of description and opinion.  Specifically, it will consist of:

  1. A plan at the same scale as the draft plan of subdivision, showing the existing vegetative cover on the site.  This would include wooded areas and smaller tree stands as well as major groupings of other natural vegetation.   Such a plan would be prepared with reference to an aerial photograph, any background data already on hand at the City and a site visit.
  2. A brief description of the species composition, age and condition of the wooded areas.  This is a visual assessment based on a site visit.  If there are any unusual species or particular specimens that due to their size/age are worthy of note, these should be included.  Otherwise, this is intended to focus on clusters of vegetation.
  3. A professional opinion as to the priority that should be given to the conservation of each wooded area/stand.  This section of the report should include an assessment of what existing vegetation is likely to be left on the site once it is developed.  It should consider such matters as:
  • the existing health and quality of the wooded area
  • its degree of sensitivity to grade changes, drainage disruption, changes in the water table and so on
  • opportunities for tree planting to mitigate loss of wooded area.
  1. An indication of how the preliminary assessment of vegetative cover will influence the design of the subdivision.  This may include:
  • the location of parkland dedication to protect woodlands;
  • the location of road alignments to increase the opportunity for tree preservation;
  • recommendations to be applied during construction:  e.g. snow fencing during construction, areas for stockpiling and storage of construction debris which will not affect tree preservation;
  • modifications to preliminary lot structures to increase the opportunity for tree preservation;
  • recommendations regarding storm water management on the site; and
  • strategic planting recommendations (e.g. along stream corridors).

Any recommendations of Stage 1 of this work will be implemented as follows:

  1. Some may be reflected in the subdivision design submitted for circulation (e.g. roads, lot layout, parkland location)
  2. Some may be translated into conditions of draft plan approval (e.g. grading of the lots, advice during construction (although this should be transmitted to the contractor before any site preparation begins))
  3. Some will be incorporated into a specific condition of draft plan approval concerning tree planting and saving (The owner shall prepare a tree planting and conservation plan in accordance with the preliminary tree planting and conservation plan.) 

Stage 2:  Detailed Plan (Prepare as a Condition of Draft Approval)

The condition of draft plan approval will require a detailed tree planting and conservation plan.  It will be in accordance with the preliminary plan and will include:

  1. an analysis of any individual trees to be conserved in and around development envelopes or infrastructure with recommendations to ensure their survival such as dry welling or root feeding.
  2. a description of measures designed to ensure the health of wooded areas such as selective removal for edge preparation. 
  3. a tree planting plan that:
  • implements any planting recommendations of the preliminary plan (e.g. along slopes, along watercourses, to screen the development in the rural area)
  • identifies specifies tree and shrub species and locations.
  • includes a recommendation concerning monitoring of tree health (when to monitor, indicators of stress or vigor etc.)
  1. a tree conservation plan in everyday language to assist the property owner in maintaining trees on private property (anticipated to be the back and front of one sheet of paper).  This should include such information as:
  • a description of the species and why it was selected (native species, hardiness, specific site limitations and so on)
  • any pruning, watering, staking, mulching advice etc.
    • common pests with this species, or due to the location, and how to manage them (e.g. tree collars, spraying, companion planting etc)
indicators of stress and vigor of the vegetation.

Use and care of streets - 2003-26

En anglais seulement

Un règlement pour interdire les déchets sur les routes de la Cité de Clarence-Rockland.

Télécharger le règlement 2003-26

User fees - 2020-115

En anglais seulement

En vigueur le 1er janvier 2021

Effective January 1, 2021

Whereas Sections 391 of the Municipal act, 2001, as amended provides that without limiting sections 9, 10 and 11, a municipality may impose fees or charges on persons, for services or activities provided or done on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board, for the use of its property including property under its control; and

Whereas Part VIII, section 35 of the “Fire Protection and Prevention Act 1997 S.O. 1997 , as amended, provides that the Fire Chief or an assistant of the Fire Marshall may  impose the fees and charges fees for services or activities stemming from a fire department; and

Whereas Section 7 of The Building Code Act 1992, as amended; empowers Council to enact certain by-laws respecting construction, demolition and change of use permits and inspections;

Whereas the Commissioners for Taking Affidavits Act, R.S.O. 1990, empowers the Clerk, Deputy-Clerk and Treasurer of the City of Clarence-Rockland, by virtue of their office, as commissioners for taking affidavits in the County of Prescott and Russell; and

Whereas Section 69 of the Planning Act, R.S.O. 1990, Chapter P. 13 empowers the Council of a municipality to pass a by-law prescribing a tariff of fees for the processing of applications made in respect to planning matters;

Whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient to actualize user fees to recover the costs of services or activities provided by the City of Clarence-Rockland;

Now therefore the Council of the City of Clarence-Rockland enacts as follows:

That the user fees be established as per Schedules ‘A’ to ‘L’ attached hereto and forming part of this by-law, being:

  • Schedule ‘A’ – Corporate
  • Schedule ‘B’ – Finance
  • Schedule ‘C’ – Business Licence
  • Schedule ‘D’ – Animal Control
  • Schedule ‘E’ – Landfill
  • Schedule ‘F’ – Fire Department
  • Schedule ‘G’ – Construction
  • Schedule ‘H’ – Signs
  • Schedule ‘I’ – Infrastructure and Planning
  • Schedule ‘J’ – Recreation
  • Schedule ‘K’ – Daycare
  • Schedule ‘L’ – Civil Marriage Solemnization Services

That any user fees actualized by this by-law shall take precedence over any other user fees previously adopted by any previous by-law, resolution and/or policy

That the by-laws 2019-16 and 2019-98 are hereby repealed

That this by-law shall come in force and effect on January 1st, 2021

Read and adopted in open Council this 16th day of December, 2019.

Guy Desjardins, Mayor                            

Monique Ouellet, Clerk

 Schedule A - Corporate
 
Schedule "A" to User Fee By-law 2020-115 Corporate
ItemFee

Commissioner of Oath Services

 
Commissioning of municipal documents No fee
Commissioning of residency verification for pension purposes $10.00
Commissioning other documents $20.00

Death Registrations

 
Funeral Homes within Clarence-Rockland $31.00
Funeral Homes outside Clarence-Rockland $40.00

Lottery Licensing

 
Raffle Lottery Licence 3% of total retail prizes value - minimum fee of $30.00
Bingo Licence Application 3% of maximum prize board - maximum fee of $1200.00 / year
Lottery Licence Amendment Application $20.00
Denial of Licence - Administration fee $20.00

Marriage Licences

 
Marriage Licence Application $166.00

Municipal Freedom of Information and Protection of Privacy Act

 
Information Request Application $5.00
Research time $7.50 per 15 minutes
Photocopies / computer print outs $0.20 per regular copy / $6.00 per oversized copy

Other

 
Council / Committee Agenda package (Hard Copy) $10.00
 Schedule B - Finance
 
Schedule "B" to User Fee By-law 2020-115 Finance
ItemFee
NSF & Returned Item $44.00
Mortgage Account Opening - Change Fees $34.00
Tax Account Name Change $34.00
Transfer Between Accounts $34.00
Tax & Water Certificates $65.00
Inquiry print-outs (Tax-Water-Accounts receivable) $6.00
Duplicate receipt or bill $6.00
Tax reminder notice (outstanding accounts) $5.00
Overpayment refund processing fee (Tax-Water-Accounts receivable) $15.00
Property tax search fee & archives searches $35.00
 Schedule C - Business Licences
 
Schedule "C" to User Fee By-law 2020-115 Business Licences
ItemFee

Business Licence Category

 
Seasonal (in operation less than 6 consecutive months) $65.00
Seasonal Produce Vendor (in operation less than 6 consecutive months) $65.00
Home occupation $65.00
Food/Beverage Service $108.00
Automotive Service $108.00
General $108.00
Trades & Contractors $108.00
Recreations $108.00
Mobile Sales/Service $108.00
Amusement $324.00
Entertainment $541.00
Transient Trader $162.00
Transient Trader (Special Event) $162.00/year OR $65/day
Itinerant Vendor $324.00
Auctioneer $216.00/year OR $87.00/day

Administration fees

 
Application Fee $54.00
Change of name $28.00
Change of address $28.00
Change of ownership $28.00
Reprint of licence $6.00
Late fee $28.00
 Schedule D - Animal Control
 
Schedule "D" to User Fee By-Law 2020-115 Animal Control
ItemFee

Dog Licencing Fees

 
Dog (female or male) $28.00    

Any dog deemed to assist a person with a handicap (proof required)

limited to one per household

No fee
Late registration fee (payable in addition to registration fee) $22.00
Dog tag replacement $6.00
Kennel licence $54.00

Animal Impounding Fees

 
First occurance $79.00
Second and subsequent occurance $124.00

Other

 
Adoption $28.00
 Schedule E - Landfill
 
Schedule "E" to User Fee By-law 2020-115 Landfill
ItemFee

Material Type

 
Yard waste No fee
Branches up to 12'' in diameter No fee
Household Hazardous Waste No fee
Blue and black box recyclables No fee
Scrap metal (without refrigerants) No fee
Tires No fee
Textiles No fee
Electronics No fee
Bale wrapping No fee
Weigh only ticket $20.00
Items containing refrigerants $20.00
Cover alternative and concrete $45.00/ton - minimum fee of $20.00
Construction wood $45.00/ton - minimum fee of $20.00
Residential, commercial construction and demolition waste (not defined as mixed loads) $90.00/ton - minimum fee of $20.00
Mixed loads $135.00/ton - minimum fee of $20.00
Contaminated soils $135.00/ton - minimum fee of $20.00
Asbestos $300.00/ton - minimum fee of $20.000 plus surcharge

Surcharges

 
Extended opening hours $110.00/ hour - minimum of $330.00/ day
Hazardous waste in load $10.00/ item - minimum $30.00/ load - maximum $300.00/ load
Electronic waste surcharge $30.00/ item - minimum $30.00/ load - maximum $300.00/ load
Refrigerant surcharge $30.00/ item - minimum $30.00/ load - maximum $300.00/ load
Tires surcharge $30.00/ item - minimum $30.00/ load - maximum $300.00/ load
Administrative billing surcharge $50.00/ visit

 Schedule F - Fire Department
 
Schedule "F" to By-Law 2020-115 Fire Department
ItemFee

File Search

 
Letters of conformity to lawyers and real estate agents $75.00
Letters of conformity for real estate sales $75.00
Letters of conformity for the LCBO applications $75.00
Fire incident summary reports for insurance brokers $75.00
All other letters of conformity  $75.00

Plan Review

 
Subdivision plan review $75.00
Revision and approval of distribution site for propane gas as required by TSSA (Level 1) $367.00 + inspection fee
Revision and approval of distribution site for propane gas as required by TSSA (Level 2) $1,040.00 + inspection fee

On Site Inspections (for initial and final inspection only)

 
Residential $100.00
Apartment $100.00 + $25.00/ unit
Hotel/Motel (1-10 units) $250.00
Hotel/Motel (more than 10 units) $25.00/ unit
Commercial and Industrial (first 10,000 square feet) $250.00
(every additional 5,000 square feet) $25.00/ square foot
Daycare $100.00
All other additional non-compliant inspections $50.00

Accreditation Inspections

 
Group Homes and Retirement Homes $150.00 + $50.00/hour
All other accredited inspections $150.00 + $50.00/hour

Other Inspections

 
Inspections for liquor licence applications $150.00
Inspections of refreshment vehicles or food trucks (commonly known as chip wagons) $100.00
Inspection initiated under the fire department's fire prevention and public education program No fee

Education courses

 
Courses requested of the department (prevention, fire extinguishers, evacuations, fire simulations) $50.00/up to 10 participants ($5.00/additional participant)

Fire calls

 
For incidents on private property: vehicle fires, boat fires, recreational vehicle fires, spills, extrications, technical rescues (e.g. confined space, trench, high-angle, etc.), water or ice rescues Current rates as set by the Ministry of Transportation per vehicle per hour + any additional costs for each and every call (incl. costs for other agencies to assist)
Fire Department fire guard/watch (required or upon request) includes 1 fire apparatus and 2 firefighters (min.) 1/2 the current rates as set by the Ministry of Transportation per hour. Plus any additional costs (incl. costs for other agencies to assist)
Fire Scene Security or Fire Guard/Watch (contracted services) 100% cost recovery
Roadway / Highway Incidents  
For incidents on public or private roads or highways: Vehicle fires, boat fires, recreational vehicle fires, attendance to motor vehicle accidents, spills, extrications, rescues, police and ambulance assistance and all other fire department request be it urgent or non-urgent Current rates as set by the Ministry of Transportation per vehicle per hour + any additional costs for each and every call (incl. costs for other agencies to assist)

Water / Ice Incidents on Public Waterways

 
For incidents on public waterways: Vehicle fires, boat fires, recreational vehicle fires, ice fishing hut fires, attendance to accidents (including watercraft accidents, vehicles through the ice, etc.), spills, extrications, rescues (incl. water/ice rescues), police and ambulance assistance and all other requests for fire department attendance (urgent or non-urgent) Current rates as set by the Ministry of Transportation per vehicle per hour + any additional costs for each and every call (incl. costs for other agencies to assist)

Medical Standby for Events

 
Medical Standby (required or upon request) includes 1 squad with medical bag and 2 firefighters (trained to the First Responder level or higher) 1/2 the current rates as set by the Ministry of Transportation per hour. Plus any additional costs (incl. costs for other agencies to assist)

Permits

 
Fireworks Permit (By-law 2007-45) $100.00
Special occasions Open Air Burning Permit (By-law 2017-92) $27.00/ event
Open Air Burning Permit (By-law 2017-92) $27.00/ year

Fire, Smoke or Carbon Monoxide Alarm - Faulty, Accidental, Malicious, or Cooking Incidents

 
First occurance (in the previous 12 months) No fee *
Second occurance (in the previous 12 months) $520.00 *
All subsequent occurances (in the previous 12 months) $1561.00 *
In addition to the prescribed fee, a notice requesting proof of a recent certificate of an annual inspection of the alarm system, as prescribed by the Ontario Fire Code within 30 days of the requisition  

Cost recovery

 
Rental or purchase fees for equipment necessary to assist in extinguishing a fire, demolition, security or clean up at an emergency scene or location. 100% cost recovery
Provision of or replacement of equipment in a residence, commercial business or other building in order to conform to the Ontario Fire Code (i.e. replacement of smoke alarms or batteries, etc) 100% cost recovery
Fire Department Response Fees - Indemnification technology Current rates as set by the Ministry of Transportation per vehicle per hour + personnel costs + any additional costs for each and every call. Should the insurer pay the coverage to the property owner, the property owner is liable to remit these funds to the municipality or its representative.
Fire Department Response Fees - Responses to unauthorized open air burning (e.g. no permit, non-compliance with permit, etc.)

 

Current rates as set by the Ministry of Transportation per vehicle per hour + personnel costs + any additional costs for each and every call

Other fees

 
Generator / pump services (i.e. flooding caused by power outages, to power up the furnace, etc. 1/2 the current rates as set by the Ministry of Transportation per hour. Plus any additional costs (incl. costs for other agencies to assist)
 Schedule G - Construction
 
Schedule "G" to User Fee By-law 2020-115 Construction
Class of permitBase line feeAdditional fees
Group C - Low Density Residential(single family dwellings) $ 1479.00up to 1,500 sq/ft in gross building area $0.80per sq/ft for buildings with a floor area over 1,500 sq/ft
Group C - Multiple Residential $ 1,530.00 up to 1,500 sq/ft in gross building area $1.15per sq/ft for buildings with a floor area over 1,500 sq/ft
Group C - Residential Additions and Major Alterations $ 638.00 up to 750 sq/ft in gross building area $0.75 per sq/ft for buildings with a floor area over 750 sq/ft
Group C - Residential garage, carport, acc. building, deck, minor alteration $ 153.00 up to 300 sq/ft in gross building area $0.40 per sq/ft for buildings or structures with a floor area over 300 sq/ft
Group A, B, D, E and F New Construction $ 4,590.00 up to 5,000sq/ft in gross building area $1.40 per sq/ft for buildings with a floor area over 5,000sq/ft
Group A, B, D, E and F Additions and Major Alterations $ 2,040.00 up to 2,500sq/ft in gross building area $1.40 per sq/ft for buildings with a floor area over 2,500sq/ft
Group A, B, D, E and F accessory building, minor alterations $ 459.00 up to 1,500sq/ft in gross building area $0.40 per sq/ft for buildings with a floor area over 1,500sq/ft
  • Farm Buildings (for animals)
  • Farm Buildings (storage, without animals)
  • Fabric covered steel truss Buildings (COVER ALL)
  • $ 1020.00 up to 5,000 sq/ft in gross building area$
  • $816.00 up to 5,000 sq/ftin gross building area
  • $ 306.00 Fixed fee
$0.20 per sq/ft for buildings with a floor area over 5,000 sq/ft$0.15 per sq/ft for buildings with a floor area over 5,000 sq/f
Lagoons Fixed fee of $357.00  
Silos Fixed fee of $204.00  
Designated Structures Residential (OBC) Fixed fee of $204.00  
Designated Structures Other (OBC) Fixed fee of $408.00  
Solid fuel burning appliance Fixed fee of $204.00  
Change of Use / Conditional permits Fixed fee of $255.00  

Other Permits:

  • Permit renewal (10.1)
  • Transfer of permit (11.2)
  • Revision to permit
  • Temporary structures
Fixed fee of $153.00  
Demolition (Residential) Fixed fee of $204.00  
Demolition (Other) Fixed fee of $408.00  
Plumbing $15.30 per fixture  
Connection fees (water, sewer, storm $51.00 per connection  

 Schedule H - Signs
 
Schedule "H" to By-Law 2020-115 Signs
Types of permitFee
Permanent sign $131.00 + $21.00/additional sign, same application
Temporary sign $131.00
Sign permit when sign is already installed $162.00 + $33.00/additional sign, same application

Other fees related to signs

 
Variance to the sign by-law $216.00
Variance to the sign by-law when sign is already installed $432.00
Encroachment permit for a sign $216.00
Encroachment permit renewal $108.00
 Schedule I - Infrastructure and Planning
 
Schedule "I" to By-law 2020-115 Infrastructure and Planning
ItemFee

Official Plan / Zoning Amendments Applications

 
Official Plan Amendment $4,328.00
Zoning By-law Amendment $2,813.00
Zoning By-law Amendment - condition of severance $1,082.00
Temporary Use $1,785.00
Removal of Holding Provision $758.00

Subdivision Agreements

 
Draft Plan of Subdivision $149.00/ dwelling unit or block - Minimum of $2,652.00
Resubmission of a Draft Plan of Subdivision following the lapse of approval $74.00/ dwelling unit or block - Minimum of $1,061.00
Revision of a Draft Plan of Subdivision $85.00/ dwelling unit or block - Minimum of $2,652.00
Subdivision Agreement Preparation $2,381.00
Amendment to the Subdivision Agreement $1,082.00
Administration Fee $3,463.00
Subdivision Legal Fee $4,328.00
Subdivision Engineering Fee $4,328.00 for two (2) reviews - $349.00/additional review
Request to extend Draft Plan Approval $923.00

Engineering Review - Fees payable at Subdivision Plan Agreement Stage 

  • Any and all consultant fees collected for the review of plans and studies will be the responsibility of the applicant and deducted from the total engineering fees calculated for the project.
2.5% of the estimated cost of the site works

Site Plans Applications

 
Plan of Condominium Application $143.00/ dwelling unit - minimum of $1,061.00
Exemption of a Plan of Condominium $2,082.00
Condominiun conversion $595.00

Committee of Adjustment

 
Severance / Consent Application - Creation of a new lot $1,298.00
Consent - Other applications (lot enlargement, lot surplus, etc.) $920.00
Changes to conditions after provisional consent is given by the Committee or recirculation of a modified request $378.00
Minor Variance Application $758.00

Part-Lot Control

 
Part-Lot Control Application $595.00

Miscellaneous Planning Fees

 
Lifting of 0.30 meter reserve $378.00
Road opening or Road Closing $1190.00
Dedication of public highway & assumption of subdivision (applicant assumes the legal and surveying fees) $162.00
Encroachment $352.00
Cash-in-lieu of Parking (each space reduced by Council shall be valued at $1,689.82 and payable as per Council's decision) $470.00
Release of Financial Securities (partial or full release) $249.00
Letter of Undertaking $244.00
All other requests $220.00
Development Charge Deferral Fee $225.00
Development Agreement Fee $225.00
Validation of title $600.00

Written responses

 
Zoning Report $110.00
Compliance Report $110.00
Subdivision Compliance $90.00
Work Order  
Written opinions
  • $68.00/first hour - $110.00/subsequent hour
  • $10.53/extra lot (if request is for more than one property

Research and copies

 
Paper copy of Official Plan - City of Clarence-Rockland $38.00
Paper copy of Official Plan - Bourget $38.00
Paper copy of Zoning By-law $38.00
CD copy of Official Plan or Zoning By-law $16.00

Paper copy of Zoning By-law Schedules

 
Small format (black and white) - 11''x17'' $5.00
Small format (color)- 11''x17'' $7.00
Large format (black and white) - 2'x3' $7.00
Large format (color) - 2'x3' $9.00
Archival Retrieval Fee $110.00

Refunds

 
If the request is made before the technical circulation is initiated 100%
If the request is made after the technical circulation is initiated 30%
If the request is made after the required public meeting nil

 Schedule J - Recreation and Facilities
 
Schedule "J" to User Fee By-law 2020-115 Recreation and Facilities
ItemFee

Baseball fields

 
Regular rental rate (maximum 3hrs) $43.00
Tournament - regular daily rate (full day, including evening) $169.00
Tournament - regular evening rate (evening only- after 6:00 pm) $43.00
Clarence-Rockland Minor Sports Associations rental rate (max.3hrs) $32.00
Tournament - Clarence-Rockland Minor Sports Associations (full day, including evening) $80.00
Tournament - Clarence-Rockland Minor Sports Associations (evening only - after 6:00 pm) $21.00

Soccer fields

 
Regular rental rate (maximum 3hrs) $48.00
Seasonnals (reduced rate upon written agreement) $43.00
Tournament - regular daily rate (full day, including evening) $169.00
Tournament - regular evening rate (evening only - after 6:00 pm) $53.00
Clarence-Rockland Minor Sports Associations rental rate (max.3hrs) $31.20
Tournament - Clarence-Rockland Minor Sports Associations (full day, including evening) $80.00
Tournament - Clarence-Rockland Minor Sports Associations (evening only - after 6:00 pm) $21.00

Rink Surface Rental - Ice

 
Prime Time - regular rate $250.61
Prime Time - Clarence-Rockland Minor Sports Associations  
Prime Time - Clarence-Rockland Minor Sports Associations $219.71
Down Time - regular rate $213.28
Down Time - Clarence-Rockland Minor Sports Associations $192.27
Last Minute Ice Rental (no discounted rate for Minor Sports) $165.29
Sport Education Program Rate $153.75

Rink Surface Rental - No ice

 
Prime Time - regular rate $64.00
Prime Time - Clarence-Rockland Minor Sports Associations $49.00
Down Time - regular rate $53.00
Down Time - Clarence-Rockland Minor Sports Associations $42.00
Special event with alcohol licence (daily rate) $636.50
Special event - no alcohol (daily rate) $530.00
Special event - set up fee $37.00

Boat ramps

 
Regular use No fee
Fishing Tournaments or other special activities $10.60 per boat

Facility rental

 
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière - Non-Profit 35 $/h or $210.00/day
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière 50 $/h or $300.00/day
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière - Set-up -Non-Profit No fee
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière - Set-up 15 $/h or $90.00/day
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière - One time set-up by municipality - Non-Profit 15 $/h or $90.00/day
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière - One time set-up by municipality - Non-Profit No fee
Clarence Creek / Paul-Guy Lalonde / Ronald Lalonde / Alphonse Carrière - One time set-up by municipality $75.00
René Rochon / Chamberland - Non-Profit 15 $/h or $90.00 (minimum charge of $45.00)
René Rochon / Chamberland 20 $/h or $120.00 (minimum charge of $60.00)
René Rochon / Chamberland - Set-up No fee
René Rochon / Chamberland - One time set-up by municipality - Non-Profit

No fee

René Rochon / Chamberland - One time set-up by municipality

$25.00

 Schedule K - Daycare
 
Schedule "K" to User Fee By-law 2020-115 Daycare
ItemFee

Toddler (18-30 months old)

 
Daily rate $52.05
Required deposit $520.50

Preschool (30 months old - School age)

 
Daily rate $50.10
Required deposit $501.00

School age - School day (AM and PM)

 
Daily rate $22.20
Required deposit $222.00

School age - School day (AM or PM)

 
Daily rate $16.65
Required deposit $166.50

School age - Full day

 
Daily rate $31.25

Late payment Fees

 
Monthly interest applied to all accounts in arrears 1.25%
Statement of account - late payment $10.00
Telephone reminder call - late payment $20.00

Letter advising client no longer eligible for service

$30.00

Other fees

 
Creation of new account $30.00

 

Water and Sewer Fees - 2016-15

En anglais seulement

Un règlement pour établir les frais pour l'eau et les égouts et concernant l'utilisation de ces services.

Télécharger le règlement 2016-15

Water restriction - 2000-43

En anglais seulement

Whereas Section 12 of the Public Utilities Act, R.S.O. 1990, Chapter P.52, as amended, authorizes municipalities to pass by-laws to prohibit wrongful use of water;

Therefore the Council of the City of Clarence-Rockland enacts as follows:

Definition 

Corporation

Means the Corporation of the City of Clarence-Rockland

Director of Physical Services

Means a person appointed as the Director of Physical Services for the City of Clarence-Rockland or his duly appointed representative.

Hamlet Area

Means the village of Bourget, Cheney, Clarence-Creek, Clarence-Point, Hammond and St-Pascal Baylon as defined in the City’s Zoning By-law, as amended.

Mechanical watering

Means the action of watering by any means other than by muscular power.   

Municipal Law Enforcement Officer

Means a peace officer for the purpose of enforcing municipal By-laws for the Corporation.

Public Car Wash

Means the use of a land, or building, or structure, or part thereof, where vehicles are washed for the public for a fee.

Urban Area

Means the area contained in the former Town of Rockland as defined in the City’s Zoning By-law, as amended.  

Water Works

Means buildings, structures, plant machinery, equipment and appurtenances, devices, conduits, intakes and outlets and underground construction installations and other works designed for the production, treatment, distribution and storage of water and includes land appropriated for such purposes and uses under the jurisdiction of the City of Clarence-Rockland.

General interpretation

2) The Director of Physical Services for the City of Clarence-Rockland shall supervise and administer the supply and distribution of all water works in the City of Clarence-Rockland.

3) No person shall let off or discharge water supplied by the water works so that the water runs wastefully or uselessly.

4) No person shall water or cause to be watered any newly installed grass until a permit has been issued for that purpose.

5)  The Director of Physical Services may, by written notice, suspend the water supplied by the water works for the following purposes:

a) Mechanical sprinkling of lawns, gardens and flowers;

b) Washing of vehicles; and

c)  Filling of privately-owned swimming pools.

Urban area

6. No  person  shall  mechanically  sprinkle lawns, gardens  or flowers  or any other vegetation outside any building, at any time, between May 1st and September 30th  in any year except as follow:

(a) On any property bearing odd civic address numbers, on "Tuesdays, Thursdays and Saturdays" of each week, between the hours of "7:00 a.m. To 9:00 a.m." and "7:00 p.m. To 9:00 p.m." (as amended by By-law no. 2020-36); and

(b) On any property bearing even civic address numbers, on "Mondays, Wednesdays, and Fridays" of each week, between the hours of "7:00 a.m. To 9:00 a.m." and "7:00 p.m. To 9:00 p.m." (as amended by By-law no. 2020-36)

Hamlet area

7)  No person shall use or allow to be used water at any time between May 1st and September 30th in any year for the purpose of:

a) Mechanically sprinkling lawns, gardens or flowers;

b) Public car wash; or

c) Filling of privately-owned swimming pools.

8) No person shall discharge water supplied by the water works for the purpose of filling up an empty or partially empty, privately owned swimming pool.

Watering permit

9) Notwithstanding any other provision of this By-law, the Director of Physical Services may issue a permit to allow the watering of newly installed grass which includes sodding or seeding in any entire yard.

a)  The water permit application and permit shall be in a prescribed form and shall be for the period not to exceed twenty-one (21) days.

b)  No fee shall be charged for the said permit.

c)  The holder of the watering permit shall affix and display or cause to be affixed and displayed in a front window of the building situated on the same lot in order to be visible from the road.

Fire hydrants

10) No person shall operate a fire hydrant except:

a) An employee of the Physical Services Department;

b) A member of the City of Clarence-Rockland Fire Department; or

c)  Persons having the written approval from the Director of Physical Services.

11) No person shall obstruct the free access to any fire hydrant. As prescribed in Schedule “A” of this By-law, vegetation or other objects shall neither be planted nor placed within a three (3) metre corridor between the hydrant and the curb nor a three (3) metre radius beside or behind any hydrants.

12) Unmetered water from privately-owned hydrants shall not be taken for other than fire fighting purposes.

13) Privately-owned hydrants shall be maintained accessible, at all times, and in good operating condition by and at the expense of the owner.

14) No person, other than authorized employees, shall paint fire hydrants or tamper with the colour scheme of a fire hydrant.

Exemption

15) The provisions of this By-law shall not apply to any person using a private water system.

Enforcement

16) The provisions of this By-law shall be enforced by the Municipal Law Enforcement Officer.

17) No person shall hinder, obstruct or interfere with the Municipal Law Enforcement Officer in the exercise of his powers or the performance of his duties.

Penalties

18) Any person who contravenes any provisions of this By-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P.33 and amendments thereto.

Severability

19) It is declared that if any section, subsection or part(s) thereof be declared by any court of law to be bad, illegal or ultra virus, such section, subsection or part(s) shall be deemed to be severable and all parts thereof are declared to be separate and independent and enacted as such.

Order prohibiting

20) When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may in addition to other penalty impose on the person convicted, issue an order prohibiting the continuance or repetition of the offence or doing of any act by person convicted directed towards the continuation or repetition of offence.

 By-law in force

21) This By-law shall come into force on the day it is duly adopted by Council.

Former by-laws repealed

22)       That the Town of Rockland By-law number 1977-31 and the Township of Clarence By-law number 1992-72, regulating water consumption during the summer months, are hereby repealed.

Read a first, second and duly passed upon the third reading, this 13th day of june 2000.

Mayor Jean-Pierre Pierre

Clerk Daniel Gatien

Zonage 2016-10 *

Un règlement concernant le zonage dans la Cité de Clarence-Rockland.

Télécharger le règlement 2016-10

Annexe A

Annexe B

Annexe C

Annexe D

Annexe E

Annexe F

Annexe G

Annexe H1

Annexe H2