3266-2016 Ontario Community Infrastructure Fund Funding Agreement between OMAFRA & Augusta
BEING A BY-LAW TO AUTHORIZE ENTERING INTO THE ONTARIO COMMUNITY INFRASTRUCTURE FUND FORMULA COMPONENT BETWEEN THE ONTARIO MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS AND THE TOWNSHIP OF AUGUSTA
Passed by Council October 11, 2016
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3266-2016
A BY-LAW TO AUTHORIZE ENTERING INTO THE ONTARIO COMMUNITY
INFRASTRUCTURE FUND FORMULA COMPONENT BETWEEN THE ONTARIO
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS AND THE TOWNSHIP
OF AUGUSTA
WHEREAS the Municipality wishes to enter into an Agreement in order to participate in the
Ontario Community Infrastructure Fund Formula Component;
Now THEREFORE, the Council of the Township of Augusta, a municipal corporation
pursuant to the Municipal Act, 2001.
ENACTS AS FOLLOWS:
The Mayor and GAO/Treasurer are hereby authorized to execute this Ontario Community
Infrastructure Fund Formula Component agreement for the transfer of funds between the
Ministry of Agriculture, Food and Rural Affairs and Township of Augusta as in Schedule A
attached hereto.
Read a first, second, and third time and finally passed this 11th day of October 2016.
Signed by Mayor Doug Malanka and Clerk Annette Simonian
ONTARIO COMMUNITY INFRASTRUCTURE FUND
FORMULA-BASED COMPONENT AGREEMENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
(the “Province”)
-and-
The Corporation of the Township of Augusta
(the “Recipient”)
BACKGROUND
The Province created the Ontario Community Infrastructure Fund to: (1) provide stable funding to
help small communities address critical core infrastructure needs in relation to roads, bridges, water
and wastewater; (2) further strengthen municipal asset management practices within small
communities; and (3) help small communities use a broad range of financial tools to address critical
infrastructure challenges and provide long-term financial support for the rehabilitation and repair of
core infrastructure for those in most need.
The Ontario Community Infrastructure Fund is composed of two components: (1) the ApplicationBased
Component; and (2) the Formula-Based Component. The Formula-Based Component of the
Ontario Community Infrastructure Fund is based on a municipality’s local fiscal circumstances and its
total core infrastructure assets with a minimum grant of fifty thousand dollars ($50,000.00).
The Recipient is eligible to receive funding under the Formula-Based Component of the Ontario
Community Infrastructure Fund.
CONSIDERATION
In consideration of the mutual covenants and agreements contained in this Agreement and for other
good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the
Parties agree as follows:
1.0 ENTIRE AGREEMENT
1.1 This Agreement, including:
Schedule “A”- General Terms And Conditions,
Schedule “B”- Additional Terms And Conditions,
Schedule “C”- Operational Requirements Under The Agreement,
Schedule “D”- Eligible Project Categories,
Schedule “E”- Eligible And Ineligible Costs,
Schedule “F”- Financial Information,
Schedule “G”- Aboriginal Consultation Requirements,
Schedule “H”- Communications Protocol, and
Schedule “I” – Reports,
constitutes the entire agreement between the Parties with respect to the subject matter
contained in this Agreement and supersedes all prior oral or written representations and
agreements.
2.0 COUNTERPARTS
2.1 This Agreement may be executed in any number of counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same instrument.
3.0 AMENDING AGREEMENT
3.1 This Agreement may only be amended by a written agreement duly executed by the Parties.
4.0 ACKNOWLEDGEMENT
4.1 The Recipient acknowledges and agrees that:
(a) By receiving Funds it may become subject to legislation applicable to organizations
that receive funding from the Government of Ontario, including the BPSAA, the
PSSDA and the AGA;
(b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and
procurement directives and guidelines pursuant to the BPSAA that may be applicable
to the Recipient;
(c) The Funds are
(i) To assist the Recipient to carry out the Project and not to provide goods or
services to the Ontario Community Infrastructure Fund – Formula-Based
Component, and
(ii) Funding for the purposes of the PSSDA; and
(d) The Province is not responsible for, nor does the Province have a managerial role in,
the undertaking, implementation, completion, operation and/or maintenance of any
Project to which Funds are directed. The Recipient will not seek to hold the Province
responsible for the undertaking, implementation, completion, operation and/or
maintenance of any Projects to which Funds are directed through recourse to a third
party, arbitrator, tribunal or court.
5.0 IMPACT OF RECEIVING FUNDING EXISTING ONTARIO COMMUNITY
COMPONENT AGREEMENT UNDER THIS AGREEMENT ON ANY INFRASTRUCTURE FUND FUNDING
5.1 The Recipient acknowledges and agrees that if the Recipient receives Funds under this
Agreement, the Recipient will be ineligible to receive any additional funds under any existing
Ontario Community Infrastructure Fund Formula-Based Component agreement that it may
have with the Province. By way of example only, if the Recipient has an existing Ontario
Community Infrastructure Fund Formula-Based Component agreement with the Province and
was eligible to receive Funds for 2017 under that existing Ontario Community Infrastructure
Fund Formula-Based Component agreement and receives Funds for 2017 under this
Agreement, the Recipient is not eligible to receive any Funds for 2017 under its existing
Ontario Community Infrastructure Fund Formula-Based Component agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
as represented by the Minister of Agriculture, Food and Rural Affairs
Spot for Signature of Randy Jackiw, Assistant Deputy Minister and date
I have the authority to bind the Crown pursuant to delegated authority.
For the Corporation of the Township of Augusta
Signed by Mayor Doug Malanka and CAO/Treasurer Ray Morrison on October 11, 2016
I/We have the authority to bind the Recipient.
Certified to be a true copy of the original by Clerk Annette Simonian dated October 14, 2016
SCHEDULE “A”
GENERAL TERMS AND CONDITIONS
ARTICLE A1
INTERPRETATION AND DEFINITIONS
A 1.1 Interpretation. For the purposes of interpreting this Agreement:
(a) Words in the singular include the plural and vice versa;
(b) Words in one gender include all genders;
(c) The headings do not form part of this Agreement; they are for reference purposes only
and will not affect the interpretation of the Agreement;
(d) Any reference to dollars or currency will be in Canadian dollars and currency;
(e) Any reference to a statute means a statute of the Province of Ontario, unless
otherwise indicated;
(f) Any reference to a statute is to that statute and to the regulations made pursuant to
that statute as they may be amended from time to time and to any statute or
regulations that may be passed that have the effect of supplanting or superseding that
statute or regulation unless a provision of this Agreement provides otherwise;
(g) All accounting terms will be interpreted in accordance with the Generally Accepted
Accounting Principles and all calculations will be made and all financial data to be
submitted will be prepared in accordance with the Generally Accepted Accounting
Principles; and
(h) The words “include”, “includes” and “including” denote that the subsequent list is not
exhaustive.
A1.2 Definitions. In this Agreement, the following terms will have the following meanings:
“Aboriginal Group” includes the Indian, Inuit and Metis peoples of Canada or any other
group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982.
“Additional Terms and Conditions” means the terms and conditions referred to in section
A9.1 of Schedule “A” to this Agreement and specified in Schedule “B” of this Agreement.
“AGA” means the Auditor General Act.
“Agreement” means this agreement entered into between the Province and the Recipient
and includes all of the Schedules listed in section 1.1 of this Agreement and any amending
agreement entered into pursuant to section 3.1 of this Agreement.
“Allocation Notice” means the notice that the Recipient received from the Province setting
out the amount of Funds the Recipient is eligible to receive from the Province for the Funding
Year in which the notice was issued. The “Allocation Notice” also includes the proposed
allocation of Funds that the Recipient is eligible to receive for the following two Funding Years
(although these proposed allocations are subject to change).
“Annual Financial Report” means the report that the Province will provide, either in paper or
electronically, to the Recipient pursuant to this Agreement.
“Arm’s Length” has the same meaning as set out in the Income Tax Act (Canada), as it
read on the Effective Date of this Agreement, and as treated or defined under Generally
Accepted Accounting Principles.
“Auditor General” means the Auditor General of Ontario.
“BPSAA” means the Broader Public Sector Accountability Act, 2010.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory
and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday;
Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance
Day; Christmas Day; Boxing Day; and any other day on which the Province is closed for
business.
“Communications Protocol” means the protocol set out under Schedule “H” of this
Agreement.
“Consultant” means any person the Recipient retains to do work related to this Agreement.
“Conflict Of Interest” includes any circumstances where:
(a) The Recipient; or
(b) Any person who has the capacity to influence the Recipient’s decisions,
has outside commitments, relationships or financial interests that could, or could be
seen to, interfere with the Recipient’s objective, unbiased and impartial judgment
relating to the Project, the use of the Funds or both.
“Contract” means an agreement between the Recipient and a third-party whereby the thirdparty
provides a good or service for the Project in return for financial consideration that may
be submitted by the Recipient for the Province’s consideration as an Eligible Cost.
“Effective Date” means the date on which this Agreement is effective, as set out under
section C 1.1 of Schedule “C” of this Agreement.
“Eligible Costs” means those costs set out under section E1.1 of Schedule “E” of this
Agreement.
“Event of Default” has the meaning ascribed to it in section 15.1 of Schedule “A” this
Agreement.
“Expiry Date” means the date on which this Agreement will expire, as set out under section
C1.2 of Schedule “C” of this Agreement unless amended or terminated prior to this date in
accordance with the terms and conditions of this Agreement.
“FAA” means the Financial Administration Act.
“Failure” means a failure to comply with any term, condition, obligation under any other
agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of
Her agencies.
“FIPPA” means the Freedom of Information and Protection of Privacy Act, 1990.
“First Nation” means a band, as defined under s action 2(1) of the Indian Act (Canada).
“Funding Year” means the period commencing January 1’1 of one calendar year and ending
December 31’1 of the same calendar year.
“Funds” means the money the Province provides to the Recipient pursuant to this
Agreement, as set out in an Allocation Notice or Revised Allocation Notice issued under this
Agreement each Funding Year.
“Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers,
agents, appointees and employees.
“Ineligible Costs” means those costs set out under section E2.1 of Schedule “E” of this
Agreement.
“Interest Earned” means the amount of money earned by the Recipient from placing the
Funds in an interest bearing account as set out under section A3.4 of Schedule “A” of this
Agreement.
“Local Services Board” means a board established under the Northern Services Boards
Act.
“MA” means the Municipal Act, 2001.
“Notice” means any communication given or required to be given pursuant to this
Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy
an Event of Default, and includes any such period or periods of time by which the Province
considers it reasonable to extend that time.
“Parties” means the Province and the Recipient collectively.
“Party” means either the Province or the Recipient.
“Project” means the undertaking:
(a) Described in the Project Information Form the Province provides to the Recipient
pursuant to this Agreement; and
(b) Approved by the Province.
“Project Information Form” means the form that the Province will provide, either in paper or
electronically, to the Recipient pursuant to this Agreement.
“PSSDA” means the Public Sector Salary Disclosure Act, 1996.
“Reports” means the reports set out under Schedule “I” of this Agreement.
“Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances,
codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees,
injunctions, directions and agreements with all authorities that now or at any time hereafter
may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the
generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSOA or any other
type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA
and those broader public sector accountability legislative provisions are deemed to be a
Requirement of Law.
“Revised Allocation Notice” means an Allocation Notice that the Province issues that alters
an Allocation Notice that the Province previously issued.
“Term” means the period of time beginning on the Effective Date of this Agreement and
ending on the Expiry Date unless terminated earlier pursuant to Articles A 13, A 14 or A 15 of
this Agreement.
A1.3 Conflict. Subject to section A9.1 of Schedule “A” of this Agreement, in the event of a conflict
between the terms and conditions set out in this Schedule “A” of the Agreement and the
terms or conditions set out in any other Schedule of this Agreement, the terms and conditions
set out under this Schedule “A” of the Agreement will prevail.
ARTICLE A2
REPRESENTATIONS, WARRANTIES AND COVENANTS
A2.1 General. The Recipient represents, warrants and covenants that:
(a) It is, and will continue to be for the Term of this Agreement, a validly existing legal
entity with full power to fulfill its obligations under this Agreement;
(b) It has, and will continue to have for the Term of this Agreement, the experience and
expertise necessary to carry out the Project;
(c) It has the financial resources necessary to carry out any Projects to which it directs
any of the Funds being provided under this Agreement and is not indebted to any
person to the extent that that indebtedness would undermine the Recipient’s ability to
complete the Projects to which it directs the Funds;
(d) It is in compliance with all Requirements of Law and will remain in compliance with all
Requirements of Law related to any aspect of the Project, the Funds or both for the
Term of this Agreement; and
(e) Unless otherwise provided for in this Agreement, any information the Recipient
provided to the Province in support of its request for Funds, including any information
relating to any eligibility requirements, was true and complete at the time the Recipient (·.
provided it.
A2.2 Execution Of Agreement. The Recipient represents and warrants that it has:
(a) The full power and authority to enter into this Agreement; and
(b) Taken all necessary actions to authorize the execution of this Agreement.
A2.3 Governance. The Recipient represents, warrants and covenants that it has, and will
maintain, in writing for the Term of this Agreement:
(a) A code of conduct and ethical responsibilities for all persons at all levels of the
Recipient’s organization;
(b) Procedures to ensure the ongoing effective functioning of the Recipient;
(c) Decision-making mechanisms for the Recipient;
(d) Procedures to enable the Recipient to manage the Funds prudently and effectively;
(e) Procedures to enable the Recipient to successfully complete the Project;
(f) Procedures to enable the Recipient to, in a timely manner, identify risks to the
completion of the Project and develop strategies to address those risks;
(g) Procedures to enable the preparation and delivery of all Reports required under this
Agreement; and
(h) Procedures to enable the Recipient to deal with such other matters as the Recipient
considers necessary to ensure that the Recipient carries out its obligations under this
Agreement.
A2.4 Approvals, Licenses And Permits. The Recipient represents, warrants and covenants that
it has or will apply for any approval, license, permit or similar authorization necessary to carry
out the Project before carrying out the Project. For greater clarity, the Recipient
acknowledges and agrees that the entering into this Agreement does not in any way obligate
any regulatory authority established under an Act of the Ontario Legislature to issue any type
of approval, license, permit or similar authorization that the Recipient may need or want in
relation to undertaking any Project to which Funds are directed or to meet any other term or
condition under this Agreement.
A2.5 Supporting Documentation. Upon request, and within the time period indicated in the
Notice, the Recipient will provide the Province with proof of the matters referred to in this
Article A2 of this Agreement.
A2.6 Additional Covenants. The Recipient undertakes to advise the Province within five (5)
Business Days of:
(a) Any changes that affect its representations, warranties and covenants under sections
A2.1, A2.2, A2.3 or A2.4 of Schedule “A” of this Agreement during the Term of the
Agreement; and
(b) Any actions, suits or other proceedings which could or would reasonably prevent the
Recipient from complying with the terms and conditions of this Agreement.
ARTICLE A3
FUNDS AND CARRYING OUT THE PROJECT
A3.1 Funds Provided. The Province will:
(a) Provide the Recipient up to the amount of Funds set out in the Allocation Notice for
each Funding Year during the Term of this Agreement for the sole purpose of carrying
out one or more Projects;
(b) Provide the Funds to the Recipient in accordance with Schedule “F” of this
Agreement;
(c) Deposit the Funds into an account designated by the Recipient, provided that account:
(i) Resides at a Canadian financial institution, and
(ii) Is in the name of the Recipient.
A3.2 Limitation On Payment Of Funds. Despite section A3.1 of Schedule “A” of this Agreement:
(a) The Province is not obligated to provide any Funds set out in an Allocation Notice or
Revised Allocation Notice to the Recipient in any Funding Year until:
(i) The Recipient provides the insurance certificate or other proof as the Province
may request pursuant to section A 12.2 of Schedule “A” of this Agreement,
(ii) The Recipient has submitted to the Ministry of Municipal Affairs any
outstanding financial information returns by December 31 ‘1 of each calendar
year,
(iii) The Recipient has submitted to the Ministry of Agriculture, Food and Rural
Affairs all outstanding reporting under any other Ontario Community
Infrastructure Fund contribution agreement, and
(iv) The Recipient has submitted to the Ministry of Agriculture, Food and Rural
Affairs a copy of their asset management plan and any subsequent updates by
December 31″ of each calendar year if not previously submitted;
(b) The Province is not obligated to provide any instalments of Funds set out in an
Allocation Notice to the Recipient in any Funding Year until the Province is satisfied
with the progress of the Project;
(c) The Province may, acting reasonably:
(i) Adjust the amount of Funds set out in the Recipient’s Allocation Notice or
Revised Allocation Notice, and/or
(ii) Adjust the amount of Funds the Province actually provides to the Recipient in
any Funding Year, and/or
(iii) Hold all or a portion of the Funds set out in the Recipient’s Allocation Notice or
Revised Allocation Notice based upon the Province’s assessment of the information provided by the Recipient pursuant to Article A7 of Schedule “A” of this Agreement; and
(d) If, pursuant to the FAA, the Province does not receive the necessary appropriation
from the Ontario Legislature for any payment under this Agreement, the Province is
not obligated to make any such payment, and, as a consequence, the Province may:
(i) Reduce the amount of Funds and, in consultation with the Recipient, change
the Project without liability, penalty or costs; or
(ii) Terminate the Agreement pursuant to section A14.1 of Schedule “A” of this
Agreement.
A3.3 Use Of Funds And Project. The Recipient will:
(a) Only use the Funds being provided under this Agreement toward Projects that fall
within the category of projects set out under section 01.1 of Schedule “D” of this
Agreement;
(b) Carry out and complete any Projects in accordance with the terms and conditions of
this Agreement;
(c) Use the Funds only for Eligible Costs that are necessary to carry out the Project; and
(d) Not use the Funds for Ineligible Costs.
A3.4 Interest Bearing Account. If the Province provides Funds to the Recipient before the
Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing
account in the name of the Recipient at a Canadian financial institution. The
Recipient will hold the Funds plus the Interest Earned in trust for the Province until the
Recipient needs the Funds for the Projects.
A3.5 No Provincial Payment Of Interest. The Province is not required to pay interest on any
Funds under this Agreement. For greater clarity, this includes interest on any Funds that the
Province has withheld paying to the Recipient pursuant to a term or condition set out in this
Agreement.
A3.6 Funds For Funding Year Limited To Amount Set Out In Allocation Notice Or Revised Allocation Notice. The Recipient acknowledges and agrees that the Funds available to it for
a Funding Year will not exceed the amount set out in the Recipient’s Allocation or Revised
Allocation Notice for that Funding Year.
A3.7 Recipient May Save Funds From One Funding Year To Use In Later Funding Years.
The Recipient may save any Funds that it receives in one Funding Year, including any
interest earned thereon, for use in later Funding Years. Where the Recipient saves Funds
from one Funding Year to use in later Funding Years, the Recipient will be deemed to have
spent any Interest Earned first, followed by the principal.
A3.8 Saved Funds From One Funding Year Must Be Spent Within Five Funding Years Of The Year The Funds Were Allocated. Despite anything else in this Agreement, the Recipient
will spend any Funds, including any interest earned thereon, that it received and has saved
within five (5) Funding Years in which those Funds were received. By way of example only, if
a Recipient received Funds from the Province in 2017 and decided to save those Funds, the
Recipient must spend those Funds, including any interest earned thereon, by December 31,
2021. In the event that the Recipient does not spend those saved Funds in accordance with
the requirements set out in this section A3.8 of the Agreement, those saved Funds, including
any Interest Earned thereon, will be returned to the Province.
A3.9 Transfer Of Funds. The Recipient may transfer Funds provided under this Agreement to
another entity provided the following is met:
(a) The transfer of Funds is for a Project that is set out under section D1.1 of Schedule
“D” of this Agreement;
(b) The Project is in both the Recipient and the other entity’s asset management plan;
and
(c) The entity receiving the Recipient’s Funds must be eligible to receive those Funds.
A3.10 Funds May Be Used For Projects Under Other Federal Or Provincial Funding
Programs. The Recipient may use the Funds being provided under this Agreement for
projects covered under other provincial or federal funding programs provided the following is
met:
(a) The project is also a Project that is set out under section D1.1 of Schedule “D” of this
Agreement; and
(b) The other provincial or federal funding program allows for Funds being provided under
the Ontario Community Infrastructure Fund to be used toward a project under that
other provincial or federal funding program.
A3.11 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of
Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient,
less any costs, for which the Recipient has received, will receive or is eligible to receive, a
rebate, credit or refund.
ARTICLE A4
ABORIGINAL CONSULTATION
A4.1 Provision Of Funds Dependent Upon The Province Meeting Its Duty To Consult
Obligations. The Recipient acknowledges and agrees that the provision of any Funds under
this Agreement is strictly conditional upon the Province satisfying any obligations it may have
to consult with and, if appropriate, accommodate any Aboriginal Group with an interest in any
Project in which Funds are directed in order for the Project to proceed.
A4.2 Recipient Is The Province’s Delegate For Purposes Of Consultation With Aboriginal
Groups. By entering into this Agreement, the Province delegates the procedural aspects of
any consultation obligations the Province may have with any Aboriginal Group in relation to
any Project in which Funds are directed to the Recipient as set out in Schedule “G” of this
Agreement. The Recipient, by signing this Agreement acknowledges that the Province has
delegated the procedural aspects of any consultation obligations that the Province may have
with any Aboriginal Group in relation to any Project in which Funds are directed and accepts
said delegation and agrees to act diligently as the Province’s delegate so as to preserve the
Honour of the Crown in relation to any consultation obligations that the Province may have in
relation to any Project in which Funds are directed.
A4.3 Recipients Obligations In Relation To Consultations. The Recipient will:
(a) Be responsible for consulting with any Aboriginal Group that has an interest in any
Project in which Funds are directed on behalf of the Province in accordance with
Schedule “G” of this Agreement;
(b) Take directions from the Province in relation to consulting with any Aboriginal Group
with an interest in any Project in which Funds are directed as well as any other
directions that the Province may issue in relation to consultations, including
suspending or terminating any Project in which Funds are directed; and
(c) Provide a detailed description of any actions it took in relation to consultation with any
Aboriginal Group with an interest in any Project in which Funds are directed in its
Reports.
A4.4 Recipient Will Not Start Construction On Any Project Until Recipient Provides
Evidence To The Province That Notice Of Project Has Been Given To Identified
Aboriginal Groups. Despite anything else in this Agreement, the Recipient will not
commence or allow a third party to commence construction on any aspect of any Project in
which Funds are directed for forty-five (45) Business Days, or such other longer or shorter
time as the Province may direct, after it has provided the Province with written evidence that
the Recipient has sent notice about any Project in which Funds are directed to the Aboriginal
Groups the Province has identified in accordance with Schedule “G” of this Agreement.
ARTICLE A5
RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS
A5.1 Acquisition Of Goods And Services In Competitive Procurement Process. The
Recipient will acquire any goods and services for the Project through a transparent,
competitive process that ensures the best value for any Funds expended and at no greater
value than fair market value, after deducting trade discounts and/or other discounts available
to the Recipient. Without limiting the generality of the foregoing, where the Recipient is a
municipal entity to which the MA applies, the Recipient will follow its procurement policies
required under the MA. Where the Recipient is a Local Services Board, the Recipient will
obtain a minimum of three (3) written quotes for any goods or services which exceed twenty five
thousand dollars ($25,000.00), unless the Province provides its prior written approval to
obtain such goods or services in another manner. The Province may waive the requirements
of this section A5.1 of the Agreement if:
(a) The goods or services the Recipient is purchasing are not readily available; or
(b) The Recipient has researched the market for a similar purchase within the last two (2)
years and knows prevailing market costs for those good or services being purchased.
A5.2 BPSAA. For greater clarity, if the Recipient is subject to the BPSAA and there is a conflict
between the BPSAA and a requirement under this Article AS of the Agreement, the BPSAA
will apply and prevail to the extent of that conflict.
A5.3 Contracts. The Recipient will ensure that all Contracts:
(a) Are consistent with this Agreement;
(b) Do not conflict with this Agreement;
(c) Incorporate the relevant provisions of this Agreement to the fullest extent possible;
(d) Require that any parties to those Contracts comply with all Requirements of Law; and
(e) Authorize the Province to perform audits of the parties to those Contracts in relation to
the Project or any Funds provided to those parties.
A5.4 Use Of Consultants. The Province recognizes and acknowledges that the Recipient may
engage one or more Consultants for the purposes of carrying out any Projects in which Funds
are directed. The Recipient will have sole responsibility for hiring and terminating the
employment of said Consultants. The Recipient further acknowledges and agrees that the
Recipient will be responsible for all acts and actions of the Recipient’s Consultants and that
all such acts and actions will be treated as acts and actions of the Recipient for the purposes
of this Agreement.
A5.5 Asset Retention. The Recipient will comply with section C1.3 of Schedule “C” of this
Agreement as it relates to the retention of any assets purchased, built or rehabilitated with
Funds being provided under this Agreement.
A5.6 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements
to which the Province is a party, the Recipient will comply with the applicable requirements of
such trade agreements. In particular, and without limitation, if the Recipient is subject to
Annex 502.4 of the Agreement on Internal Trade, the Recipient will comply with all applicable
requirements of Annex 502.4. In the event of any conflict between any requirement under
Annex 502.4 and a requirement under this Article AS of the Agreement, Annex 502.4 will
apply and prevail to the extent of that conflict.
ARTICLE A6
CONFLICT OF INTEREST
A6.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without
an actual, potential or perceived Conflict of Interest.
A6.2 Disclosure To The Province. The Recipient will:
(a) Disclose to the Province, without delay, any situation that a reasonable person would
interpret as an actual, potential or perceived Conflict Of Interest; and
(b) Comply with any terms and conditions that the Province may impose as a result of the
disclosure.
ARTICLE A7
REPORTS, RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION
A7.1 Preparation And Submission. The Recipient will:
(a) Submit to the Province at the address referred to in section C1.4 of Schedule “C” of
this Agreement all Reports in accordance with the timelines and content requirements
set out in Schedule “I” of this Agreement, or in a form as specified by the Province
from time to time;
(b) Ensure that all Reports are completed to the satisfaction of the Province; and
(c) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing
officer and that the accompanying attestation has been completed.
A7.2 Records Maintenance. The Recipient will keep and maintain:
(a) All financial records, including invoices, relating to the Funds or otherwise to the
Project in a manner consistent with generally acceptable accounting principles; and
(b) All non-financial documents and records relating to the Funds or otherwise to the
Project in a manner consistent with all Requirements of Law.
A7.3 Inspection. The Province, its authorized representatives or an independent auditor identified
by the Province may, at its own expense, upon twenty-four (24) hours’ Notice to the Recipient
during normal business hours, enter the Recipient’s premises to review the progress of the
Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes,
the Province, its authorized representatives or an independent auditor identified by the
Province may take one or more of the following actions:
(a) Inspect and copy the records and documents referred to in this section A7.2 of
Schedule “A” of this Agreement;
(b) Remove any copies made pursuant to section A7.3(a) of Schedule “A” of this
Agreement from the Recipient’s premises; and
(c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the
Funds, the Project or both.
A7.4 Disclosure. To assist in respect of the rights set out under section A7.3 of Schedule “A” of
this Agreement, the Recipient will disclose any information requested by the Province, its
authorized representatives or an independent auditor identified by the Province and will do so
in the form requested by the Province, its authorized representatives or an independent
auditor identified by the Province, as the case may be.
A7.5 No Control Of Records. No provision of this Agreement will be construed so as to give the (
Province any control whatsoever over the Recipient’s records.
A7.6 Auditor General. For greater certainty, the Province’s rights under this Article of the
Agreement are in addition to any rights provided to the Auditor General pursuant to section
9.1 of the A GA.
A 7. 7 Provision Of Information. The Recipient will provide to the Province, within the time period
set out in the Notice, such information in respect of this Agreement or any Project in which
Funds are di reeled as the Province requests.
ARTICLE AS
COMMUNICATIONS
A8.1 Recipient To Follow Communications Protocol. The Recipient will follow the
Communications Protocol set out under Schedule “H” of this Agreement.
A8.2 Publication By The Province. The Recipient agrees the Province may, in addition to any
obligations the Province may have under FIPPA, publicly release information under this
Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet
or otherwise.
ARTICLE A9
ADDITIONAL TERMS AND CONDITIONS
A9.1 Additional Terms and Conditions. The Recipient will comply with any Additional Terms
and Conditions set out under Schedule “B” of this Agreement. In the event of a conflict or
inconsistency between any of the requirements of the Additional Terms and Conditions and
any requirements of this Schedule “A” of this Agreement, the Additional Terms and
Conditions will prevail.
ARTICLE A10
DISCLOSURE OF INFORMATION PROVIDED TO THE PROVINCE
A 10.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA.
A10.2 Disclosure Of Information. Any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in
accordance with FIPPA and any other Requirements of Law.
ARTICLE A11
INDEMNITY, LIMITATION OF LIABILITY AND DUTY TO DEFEND
A11.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the
Indemnified Parties from and against any and all direct or indirect liability, loss, costs,
damages and expenses (including legal, expert and consultant fees), causes of action,
actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained,
incurred, brought or prosecuted, in any way arising out of or in connection with the Project or
otherwise in connection with this Agreement, unless solely caused by the gross negligence or
willful misconduct of the Province.
A11.2 Exclusion Of Liability. The Recipient acknowledges and agrees that in no event will the
Province be liable for any general, compensatory, incidental, special or consequential
damages, or any loss of use, revenue or profit by the Recipient or the Recipient’s officers,
servants, employees and agents arising out of or in any way related to this Agreement.
A11.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the
Province, participate in or conduct the defence of any proceeding against any Indemnified
Parties and any negotiations for their settlement.
A11.4 Province’s Election. The Province may elect to participate in or conduct the defence of any
proceeding by providing Notice to the Recipient of such election without prejudice to any
other rights or remedies of the Province under this Agreement, at law or in equity. Each Party
participating in the defence will do so by actively participating with the other’s counsel.
A11.5 Settlement Authority. The Recipient will not enter into a settlement of any proceeding
against any Indemnified Parties unless the Recipient has obtained the prior written approval
of the Province. If the Recipient is requested by the Province to participate in or conduct the
defence of any proceeding, the Province will co-operate with and assist the Recipient to the
fullest extent possible in the proceeding and any related settlement negotiations.
A11.6 Recipient’s Co-operation. If the Province conducts the defence of any proceedings, the
Recipient will co-operate with and assist the Province to the fullest extent possible in the
proceedings and any related settlement negotiations.
ARTICLE A12
INSURANCE
A12.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain
for each Project being funded under this Agreement for a period of ninety (90) days after the
Recipient has submitted a Project Information Form attesting that the Project is complete , at
its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or
the equivalent, all necessary and appropriate insurance that a prudent person carrying out a
project similar to the Project would maintain, including commercial general liability insurance
on an occurrence basis for third party bodily injury, personal injury and property damage, to
an inclusive limit of not less than the amount set out under section C1.5 of Schedule “C” of
this Agreement per occurrence. The policy will include the following:
(a) The Indemnified Parties as additional insureds with respect to liability arising in the
course or performance of the Recipient’s obligations under, or otherwise in connection
with, the Project or under this Agreement;
(b) A cross-liability clause;
(c) Contractual liability coverage;
(d) Products and completed operations liability coverage;
(e) Employer’s liability coverage;
(f) Tenant’s legal liability coverage (for premises/building leases only);
(g) Non-owned automobile coverage with blanket contractual and physical damage
coverage for hired automobiles; and
(h) A thirty (30) day written notice of cancellation provision. (
A 12.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or
other proof as the Province may request within the time limit set out in that request, that
confirms the insurance coverage as required under section A 12.1 of Schedule “A” of this
Agreement.
A12.3 Right Of “First Calf” On Insurance Proceeds. The Recipient will provide the Indemnified
Parties with a right of “first call” or priority over any other person, including the Recipient, to
use or enjoy the benefits of the proceeds from the insurance policy required under section A 12.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands,
expenses, actions, causes of action and losses (including without limitation, reasonable legal
expenses and any claim for a lien made pursuant to the Construction Lien Act and for any
and all liability, damages to property and injury to persons (including death) that may be
brought against the Indemnified Parties as a result of this Agreement.
ARTICLE A13
TERMINATION ON NOTICE
A 13.1 Termination On Notice. The Province may terminate this Agreement at any time without
liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient.
A13.2 Consequences Of Termination On Notice By The Province. If the Province terminates
this Agreement pursuant to section A 13.1 of Schedule “A” of this Agreement, the Province
may take one or more of the following actions:
(a) Direct that the Recipient does not incur any costs for the Project that are Eligible
Costs under this Agreement without the Province’s prior written consent;
(b) Cancel any further installments of the Funds;
(c) Demand the repayment of any Funds remaining in the possession or under the control
of the Recipient; and
(d) Determine the reasonable costs for the Recipient to wind down the Project, and do
either or both of the following:
(i) Permit the Recipient to offset such costs against the amount owing pursuant to
section A12.3(c) of Schedule “A” of this Agreement; and
(ii) Subject to section A3.9 of Schedule “A” of this Agreement, provide Funds to
the Recipient to cover such costs.
ARTICLE A14
TERMINATION WHERE NO APPROPRIATION
A14.1 Termination Where No Appropriation. If, as provided for in section A3.2(d) of Schedule “A”
of this Agreement, the Province does not receive the necessary appropriation from the
Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the
Province may terminate the Agreement immediately without liability, penalty or costs by giving
Notice to the Recipient.
A 14.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section A14.1 of Schedule “A” of this Agreement, the Province may
take one or more of the following actions:
(a) Cancel any further installments of the Funds;
(b) Demand the repayment of any Funds plus any Interest Earned on the unspent Funds
remaining in the possession or under the control of the Recipient; and
(c) Determine the reasonable costs for the Recipient to wind down the Project and permit
the Recipient to offset such costs against the amount owing pursuant to section
A14.2(b) of Schedule “A” of this Agreement.
A14.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section
A 14.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or
under the control of the Recipient, the Province will not provide additional Funds to the
Recipient.
ARTICLE A15
EVENT OF OEFAUL T, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT
A 15.1 Events Of Default. Each of the following events will constitute an Event of Default:
(a) In the opinion of the Province, the Recipient breaches any representation, warranty,
covenant or other term of the Agreement, including failing to do any of the following in
accordance with the terms and conditions of this Agreement:
(i) Carry out the Project,
(ii) Use or spend the Funds,
(iii) Provide any Reports required under this Agreement, or
(iv) The Recipient fails to follow any directions that the Province provides under
this Agreement;
(b) The Recipient has provided false or misleading information to the Province;
(c) The Recipient is unable to continue any Project in which Funds are directed or the
Recipient is likely to discontinue any Project in which Funds are directed;
(d) The Recipient’s operations, or its organizational structure, changes such that it no
longer meets one or more of the eligibility requirements of the program under which
the Province provides the Funds;
(e) The Recipient makes an assignment, proposal, compromise, or arrangement for the
benefit of creditors, or a creditor makes an application or an order adjudging the
Recipient bankrupt, or applies for the appointment of a receiver; or
(f) The Recipient ceases to operate.
A 15.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default
occurs, the Province may, at any time, take one or more of the following actions:
(a) Initiate any action the Province considers necessary in order to facilitate the
successful continuation or completion of the Project;
(b) Provide the Recipient with an opportunity to remedy the Event of Default;
(c) Suspend the payment of Funds for such a period as the Province determines
appropriate;
(d) Reduce the amount of Funds;
(e) Cancel any further installments of the Funds;
(f) Demand the repayment of any Funds remaining in the possession or under the control
of the Recipient;
(g) Demand the repayment of an amount equal to any Funds the Recipient used, but did (
not use in accordance with the terms and conditions of this Agreement;
(h) Demand the repayment of an amount equal to any Funds the Province provided to the
Recipient, even though the Project is partially completed; and
(i) Terminate this Agreement at any time, including immediately, without liability, penalty
or costs to the Province upon giving Notice to the Recipient.
A15.3 Opportunity To Remedy. If, in accordance with section A15.2(b) of Schedule “A” of this
Agreement, the Province provides the Recipient with an opportunity to remedy the Event of
Default, the Province will provide Notice to the Recipient of:
(a) The particulars of the Event of Default; and
(b) The Notice Period.
A15.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to
remedy the Event of Default pursuant to section A 15.2(b} of Schedule “A” of this Agreement,
and;
(a) The Recipient does not remedy the Event of Default within the Notice Period;
(b) It becomes apparent to the Province that the Recipient cannot completely remedy the
Event of Default within the Notice Period; or
(c) The Recipient is not proceeding to remedy the Event of Default in a way that is
satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the actions provided
for in sections A15.2(b), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement.
A15.5 When Termination Effective. Termination under this Article A15 of Schedule “A” of this
Agreement will take effect as set out in the Notice.
ARTICLE A16
LOBBYISTS AND AGENT FEES
A16.1 Lobbyists And Agent Fees. The Recipient represents and warrants:
(a) Any person hired by the Recipient to speak or correspond with any employee or other
person representing the Province concerning any matter relating to any Funds under
this Agreement or any benefit hereunder is registered, if required to register, pursuant
to the Lobbyists Registration Act, 1998;
(b) It has not and will not make a payment or other compensation to any other legal entity
that is contingent upon or is calculated upon the provision of any Funds hereunder or
negotiating the whole or any part of the terms or conditions of this Agreement; and
(c) No money from the Province was used or will be used to lobby or otherwise secure
the provision of any Funds in relation to this Agreement.
ARTICLE A17
FUNDS UPON EXPIRY
A17.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the
Province any unspent Funds remaining in its possession or under its control plus any Interest
Earned on the unspent Funds.
ARTICLE A18
REPAYMENT
A18.1 Repayment Of Overpayment Or Unspent Saved Funds. If at any time during the Term of
this Agreement the Province provides Funds in excess of the amount to which the Recipient
is eligible to receive under this Agreement or the Recipient does not spend any Funds that it
has saved in accordance with section A3.8 of this Agreement, the Province may:
(a) Deduct an amount equal to the excess or saved Funds plus Interest Earned from any
further installments of the Funds; or
(b) Demand that the Recipient pay an amount equal to the excess or saved Funds plus
Interest Earned to the Province.
A18.2 Debt Due. If, pursuant to this Agreement:
(a) The Province demands the payment of any Funds or an amount equal to any Funds
from the Recipient; or
(b) The Recipient owes any Funds or an amount equal to any Funds to the Province,
whether or not their return or repayment has been demanded by the Province,
such Funds or other amount will be deemed to be a debt due and owing to the Province by
the Recipient and the Recipient will pay or return the amount to the Province immediately,
unless the Province directs otherwise. For greater clarity, in the event that the Recipient
makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a
creditor makes an application for an order adjudging the Recipient bankrupt or applies for the
appointment of a receiver, this section A18.2 of Schedule “A” of this Agreement will not affect
any Funds that the Recipient is holding in trust for the Province under section A3.4 of
Schedule “A” of this Agreement.
A18.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the
Recipient at the then current interest rate charged by the Province of Ontario on accounts
receivable.
A18.4 Payment Of Money To Province. If the Province requires the Recipient to repay any Funds
or Interest Earned to the Province, the Recipient will pay any money owing to the Province by
cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the
address referred to in section A 19.1 of Schedule “A” of this Agreement.
A18.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does
not repay any amount owing under this Agreement, Her Majesty the Queen in Right of
Ontario may set off any unpaid amount from any money payable to the Recipient by Her
Majesty the Queen in Right of Ontario.
A18.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and
agrees that any Funds provided under this Agreement are for the administration of social or
economic programs or the provision of direct or indirect support to members of the public in
connection with social or economic policy.
ARTICLE A19
NOTICE
A19.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email,
postage-paid mail, personal delivery or fax and will be addressed to the Province and the
Recipient respectively as set out in section C1.6 of Schedule “C” of this Agreement or as (
either Party later designates to the other by written Notice.
A19.2 Notice Given. Notice will be deemed to have been given:
(a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or
(b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is
delivered.
A 19.3 Postal Disruption. Despite section A 19.2(a) of Schedule “A” of this Agreement, in the event
of a postal disruption,
(a) Notice by postage-paid mail will not be deemed to be received; and
(b) The Party giving Notice will provide Notice by email, personal delivery or fax.
ARTICLE A20
CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A20.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent
will not be considered valid unless that consent is in writing and the person providing the
consent indicates in the consent that that person has the specific authority to provide that
consent. The Province may also impose any terms and conditions on the consent and the
Recipient will com ply with such terms and conditions.
ARTICLE A21
SEVERABILITY OF PROVISIONS
A21.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any
provision in this Agreement will not affect the validity or enforceability of any other provision of
this Agreement. Any invalid or unenforceable provision will be deemed to be severed.
ARTICLE A22
WAIVER
A22.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement
that Panty may only rely on a waiver of the other Party if the other Party has provided a written
waiver in accordance with the Notice provisions in Article A19 of Schedule “A” of this
Agreement. Any waiver must refer to a specific failure to comply and will not have the effect
of waiving any subsequent failures to comply. For greater clarity, where the Province
chooses to waive a term or condition of this Agreement, such waiver will only be binding if
provided by a person who indicates in writing that he or she has the specific authority to
provide the waiver.
ARTICLE A23
INDEPENDENT PARTIES
A23.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint
venturer, partner or employee of the Province and the Recipient will not represent itself in any
way that might be taken by a reasonable person to suggest that it is or take any actions that
could establish or imply such a relationship.
ARTICLE A24
ASSIGNMENT OF AGREEMENT OR FUNDS
A24.1 No Assignment. The Recipient will not, without the prior written consent of the Province,
assign any of its rights or obligations under this Agreement.
A24.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to
and be binding on the Parties’ respective heirs, executors, administrators, successors and
permitted assigns.
ARTICLE A25
GOVERNING LAW
A25.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will
be governed by and construed in accordance with the laws of the Province of Ontario and the
applicable federal laws of Canada. Any actions or proceedings arising in connection with this
Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction
over such proceedings.
ARTICLE A26
FURTHER ASSURANCES
A26.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province
may request from time to time with respect to any matter to which the Agreement pertains
and will otherwise do or cause to be done all acts or things necessary to implement and carry
into effect the terms and conditions of this Agreement to their full extent.
ARTICLE A27
JOINT AND SEVERAL LIABILITY
A27.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all
such entities will be jointly and severally liable to the Province for the fulfillment of the
obligations of the Recipient under this Agreement.
ARTICLE A28
RIGHTS AND REMEDIES CUMULATIVE
A28.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this
Agreement are cumulative and are in addition to, and not in substitution of, any of its rights
and remedies provided by law or in equity.
ARTICLE A29
JOINT AUTHORSHIP
A29.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this
Agreement and no provision herein will be interpreted against one Party by the other Party
because of authorship. No Party will seek to avoid a provision herein because of its
authorship through recourse to a third party, court, tribunal or arbitrator.
ARTICLE A30
FAILURE To COMPLY WITH OTHER AGREEMENT
A30.1 Other Agreements. If the Recipient:
(a) Has committed a Failure;
(b) Has been provided with notice of such Failure in accordance with the requirements of
such other agreement;
(c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of
such other agreement; and
(d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate.
ARTICLE A31
SURVIVAL
A31.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early
termination of this Agreement will so survive for a period of seven (7) years from the Expiry
Date expiry or date of termination. Without limiting the generality of the foregoing, the
following Articles and sections, and all applicable cross-referenced sections and schedules
will continue in full force and effect for a period of seven (7) years from the Expiry Date or the
date of termination: Article A1 and any other applicable definitions, sections A3.2(d), A3.5,
section 4.2, section A7.1 (to the extent that the Recipient has not provided the Reports to the
satisfaction of the Province), section A6.2 , Article A7, Article A11, section A13.2, sections
A14.2 and A14.3, sections A15.1, A15.2(d), (e), (f), (g) and (h), Article A17, Article A18,
Article A19, Article A21, section A24.2, Article A25, Article A27, Article A28, Article A29,
Article A30 and this Article A31.
A31.2 Survival After Creation. Despite section A31.1 of this Agreement, section A7.2 of this
Agreement, including all cross-referenced provisions and Schedules, will continue in full force
and effect for a period of seven (7) years from the date in which that document or record
referred to in section A7.2 of this Agreement was created.
SCHEDULE “B”
ADDITIONAL TERMS AND CONDITIONS
81.1 No Additional Terms And Conditions: There are no additional terms or conditions for this
Agreement.
SCHEDULE “C”
OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT
C1.1 Effective Date. The Effective Date of this Agreement is as of the date that the Province signs
it.
C1.2 Expiry Date. The Expiry Date of this Agreement is March 31, 2027.
C1.3 Disposal Of Assets. The Recipient will retain any assets purchased, rehabilitated or built
with the Funds under this Agreement for a period of five (5) years from the date that the
Project is completed. Within this five (5) year period, the Recipient may ask for the Province’s
consent to dispose of any assets purchased, rehabilitated or built with the Funds under this
Agreement. The Province may impose any reasonable conditions, including requesting the
return of Funds from the Recipient, in return for its consent.
C1.4 Submission Of Reports. All Reports under this Agreement will be submitted to the Province
using the address supplied under section C1.6 of this Schedule “C” of the Agreement or any
other person identified by the Province in writing.
C1.5 Insurance Amount. The amount of insurance the Recipient will have for the purposes of
section A12.1 of Schedule “A” of this Agreement is no less than two million dollars
($2,000,000.00) in general commercial liability insurance per occurrence.
C1.6 Providing Notice. All Notices under this Agreement will be provided to:
TO THE PROVINCE
Ministry of Agriculture, Food and Rural Affairs
Rural Programs Branch
1 Stone Road West, 4NW
Guelph, Ontario N1G 4Y2
Attention: Manager, Infrastructure Renewal
Programs
Fax: 519-826-3398
Email: OCIF@ontario.ca
TO THE RECIPIENT
The Corporation of the Township of Augusta
3560 County Road 26, RR 2
Prescott, Ontario
KOE 1TO
Attention: Ray Morrison
Fax:
Email: rmorrison@augusta.ca
or any other person identified by the Parties in writing.
SCHEDULE “D”
ELIGIBLE PROJECT CATEGORIES
D1.1 Eligible Project. Eligible Projects include:
(a) The development and implementation of asset management plans (e.g. software,
training, inspections) and the implementation of Composite Correction Program
recommendations.
(b) Capital projects and capital maintenance for the renewal, rehabilitation and
replacement of core infrastructure assets or capital construction of new core
infrastructure that addresses an existing health or safety issue, including:
(i) Water:
a. Water treatment, and
b. Water distribution/transmission.
(ii) Wastewater:
a. Wastewater treatment and disposal,
b. Sanitary sewer systems, and
c. Storm sewer systems (urban and rural).
(iii) Roads:
a. Paved roads,
b. Unpaved roads,
c. Bus-only lanes,
d. Street lighting may be included as an eligible item when part of a road project, and
e. Sidewalks and/or cycling lanes located along an existing road.
(iv) Bridges and Culverts:
a. Sidewalks and/or cycling lanes located along an existing road.
Without limiting the foregoing, the Project must be part of the Recipient’s asset management
plan in order to be eligible.
A Recipient may transfer its yearly allocation to another recipient in the furtherance of a joint
project, provided:
(a) The joint project is listed as a priority in the asset management plans for the Recipient
and other recipients;
(b) The Recipient and other recipients inform the Province in writing that they are
undertaking a joint project prior to implementation; and
(c) The Recipient and other recipients have an agreement in place governing the joint
project, including how the joint project is being funded.
D2.1 Ineligible Projects. Ineligible projects are any project not part of the Recipient’s Asset
Management Plan, and also include:
(a) Projects that are routine upgrades or improvements to storm water infrastructure and
drainage (Note: an eligible project must eliminate or significantly reduce the potential·
for serious damages to adjacent critical infrastructure (e.g. roads, bridges, etc.));
(b) Growth-related expansion projects (e.g. new subdivision infrastructure);
(c) Infrastructure expansion projects to accommodate future employment or residential
development on greenfield sites; and
(d) Recreational trail projects.
SCHEDULE “E”
ELIGIBLE AND INELIGIBLE COSTS
E1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and section E.2 of this
Schedule “E” of the Agreement, Eligible Costs shall only include all direct and incremental
costs that are attributable to the development and implementation of the Project and are in
the Province’s sole and absolute discretion, properly and reasonably incurred as well as
necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays that are
documented through invoices, receipts or other records that is acceptable to the Province.
Without limiting the generality of the foregoing, Eligible Costs shall only include the following:
(a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in
part, a tangible core infrastructure asset;
(b) Development and implementation of asset management plans (e.g. software, training
third-party condition assessments), including Consultant costs;
(c) Activities that improve the performance or increase the capacity of existing water and
wastewater infrastructure under the Composite Correction Program including third party
comprehensive performance evaluations and third-party comprehensive
technical assistance;
(d) Up to 40% of the annual Funds allocation to a maximum of eighty thousand dollars
($80,000.00) per year for Recipient staff members whose responsibilities include asset
management and/or Composite Correction Program implementation while receiving
third-party comprehensive technical assistance;
(e) All capital planning and assessment costs, such as the costs of environmental
planning, surveying, engineering, architectural supervision, testing and management
consulting services;
(f) The costs for permits, approvals, licences and other authorizing documents, as well as
inspections and other fees directly attributable to obtaining a permit, approval, licence
or other authorizing document, provided those costs are directly attributable to the
construction and implementation of Project;
(g) Loan payments and interest charges on eligible core infrastructure activities started
after January 1, 2017 that the Recipient has obtained financing to camplete;
(h) The costs for consulting with an Aboriginal Group, including the Recipient’s legal fees,
provided they are reasonable, on matters pertaining to the Project, including the
translation of documents into languages spoken by the affected Aboriginal Group, but
does not include any capacity-building funding unless specifically approved by the
Province in writing prior to being incurred;
(i) The costs of Project-related signage, lighting, Project markings and utility adjustments;
(j) The costs of joint communication activities, such as press releases, press
conferences, translation and road signage recognition, as described in Schedule “H” of
this Agreement; and
(k) Other costs that are, in the Province’s sole and absolute discretion, direct, incremental
and necessary for the successful implementation of the Project, provided those costs
have been approved by the Province in writing prior to being incurred.
E2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be
paid from the Funds being provided under this Agreement:
(a) Costs incurred which are not in accordance with section A5.1 of Schedule “A” of this
Agreement;
(b) Any costs related to any ineligible projects set out under section 02.1 of Schedule “D”
of this Agreement;
(c) Costs associated with the acquisition or leasing of:
(i) Land,
(ii) Buildings,
(iii) Equipment,
(iv) Other facilities, and
(v) Obtaining easements, including costs or expenses for surveys,
and includes real estate fees and other related costs;
(d) Costs associated with moveable I transitory assets (e.g. portable generators, etc.) or
rolling stock (e.g. trucks, graders, etc.);
(e) Costs related to recreational trails;
(f) Legal fees, other than those association with consultation with Aboriginal Groups
(provided such legal fees are reasonable), as well as loan and interest payments that
do not comply with section E1.1 (g) of Schedule “E” of this Agreement;
(g) Taxes, regardless of any rebate eligibility;
(h) The value of any goods and services which are received through donations or in kind;
(i) Employee wages and benefits, overhead costs as well as other direct or indirect
operating, maintenance and administrative costs incurred by the Recipient for the
Project, and more specifically, but without limiting the generality of the foregoing, costs
relating to services delivered directly by permanent employees of the Recipient;
(j) Meal, hospitality or incidental costs or expenses of Consultants;
(k) Costs associated with completing Expressions of Interest and/or applications for the
Ontario Community Infrastructure Fund or the Building Canada Fund – Small
Communities Fund;
(l) Costs of accommodation for any Aboriginal Group; and
(m) Costs incurred contrary to section A16.1 of Schedule “A” of this Agreement.
E2.2 Costs Of Non-Arm’s Length Parties. The costs or expenses of goods or services acquired
from parties that are not Arm’s Length from the Recipient must be valued at the cost of the
supplying entity and shall not include any mark up for profit, return on investment or overhead
costs and shall not exceed fair market value. The Province may not consider the eligibility of
any of these costs unless access is provided to the relevant records of the supplying entity.
SCHEDULE “F”
FINANCIAL INFORMATION
F1.1 Allocation Notices Form Part Of Schedule “F” Upon Being Issued. The Parties agree
that when the Province issues an Allocation Notice to the Recipient for a Funding Year, that
Allocation Notice will become part of this Schedule “F” of the Agreement upon being issued
by the Province and is enforceable under this Agreement.
F1.2 Revised Allocation Notices Form Part Of Schedule “F” Upon Being Issued. The Parties
agree that in the event that the Province issues a Revised Allocation Notice for whatever
reason, that Revised Allocation Notice will revoke and replace the Allocation Notice for which
the Revised Allocation Notice was issued and that Revised Allocation Notice will become part
of this Schedule “F” of the Agreement upon being issued by the Province and will be
enforceable under this Agreement.
F1.3 No Amending Agreement Needed To Have Allocation Notice Or Revised Allocation
Notice Become Part Of Schedule “F” Of Agreement. For greater clarity, and despite
section 3.1 of the Agreement, the Parties agree that this Schedule “F” may be altered by the
issuance of an Allocation Notice or a Revised Allocation Notice without having to amend this
Agreement.
F2.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province will
provide any Funds pursuant to this Agreement in accordance with the following:
(a) Where the Funds are less than one hundred fifty thousand dollars ($150,000.00), the
Province will make one (1) payment to the Recipient by March 31 of the allocation
year;
(b) Where the Funds are more than one hundred fifty thousand dollars ($150,000.00), but
less than one million dollars ($1 ,000,000.00), the Province will make six (6) payments
to the Recipient over the calendar year; and
(c) Where the Funds are more than one million dollars ($1,000,000.00), the Province will
make twelve (12) payments to the Recipient over the calendar year.
SCHEDULE “G”
ABORIGINAL CONSULTATION REQUIREMENTS
G1.1 Purpose. This Schedule sets out the responsibilities of the Province and the Recipient in
relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of
consultation from the Province to the Recipient.
G1.2 Definitions. For the purposes of this Schedule:
“Section 35 Duty” means any duty the Province may have to consult and, if required, accommodate
Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982.
G2.1 The Province’s Responsibilities. The Province is responsible for:
(a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any,
and advising the Recipient of same;
(b) The preliminary and ongoing assessment of the depth of consultation required with the
Aboriginal Groups;
(c) Delegating, at its discretion, procedural aspects of consultation to the Recipient
pursuant to this Schedule;
(d) Directing the Recipient to take such actions, including without limitation suspension as
well as termination of the Project, as the Province may require;
(e) Satisfying itself, where it is necessary to do so, that the consultation process in relation
to the Project has been adequate and the Recipient is in compliance with this
Schedule; and
(f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal
Groups require accommodation, that Aboriginal Groups are appropriately
accommodated in relation to the Project.
G3.1 Recipient’s Responsibilities. The Recipient is responsible for:
(a) Giving notice to the Aboriginal Groups regarding the Project as directed by the
Province, if such notice has not already been given by the Recipient or the Province;
(b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the (
Project and advising of the details of the same;
(c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal
Groups a full description of the Project unless such description has been previously
provided to them;
(d) Following up with the Aboriginal Groups in an appropriate manner to ensure that
Aboriginal Groups are aware of the opportunity to express comments and concerns
about the Project, including any concerns regarding adverse impacts on hunting,
trapping, fishing, plant harvesting or on burial grounds or archaeological sites of
cultural significance to the Aboriginal Groups, and immediately advising the Province
of the details of the same;
(e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to
the Project of which the Recipient is aware after reasonable inquiry;
(f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties
for environmental assessment and other purposes and providing to the Aboriginal
Groups all notices and communications that the Recipient provides to interested
parties and any notice of completion;
(g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups
in relation to the Project;
(h) Providing the Aboriginal Groups with reasonable opportunities to meet with
appropriate representatives of the Recipient and meeting with the Aboriginal Groups to
discuss the Project, if requested;
(i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit
effective participation in consultation processes for the Project, but only after
consulting with the Province;
(j) Considering comments provided by the Aboriginal Groups regarding the potential
impacts of the Project on Aboriginal or treaty rights or asserted rights, including
adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or
archaeological sites of cultural significance to an Aboriginal Group, or on other
interests, or any other concerns or issues regarding the Project;
(k) Answering any reasonable questions to the extent of the Recipient’s ability and
receiving comments from the Aboriginal Groups, notifying the Province of the nature of
the questions or comments received and maintaining a chart showing the issues
raised by the Aboriginal Groups and any responses the Recipient has provided;
(l) Where an Aboriginal Group asks questions regarding the Project directly of the
Province, providing the Province with the information reasonably necessary to answer
the inquiry, upon the Province’s request;
(m) Subject to section G3.1(o) of this Schedule “G’ of the Agreement, where appropriate,
discussing with the Aboriginal Groups potential accommodation, including mitigation of
potential impacts on Aboriginal or treaty rights, asserted rights or associated interests
regarding the Project and reporting to the Province any comments or questions from
the Aboriginal Groups that relate to potential accommodation or mitigation of potential
impacts;
(n) Consulting regularly with the Province during all discussions with Aboriginal Groups
regarding accommodation measures, if applicable, and presenting to the Province the
results of such discussions prior to implementing any applicable accommodation
measures;
(o) Complying with the Province’s direction to take any actions, including without
limitation, suspension or termination of the Project, as the Province may require; and
(p) Providing in any contracts with Third Parties for the Recipient’s right and ability to
respond to direction from the Province as the Province may provide.
G3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that,
notwithstanding section A4.2 of Schedule “A” of this Agreement, the Province, any provincial
ministry having an approval role in relation to the Project, or any responsible regulatory body,
official, or provincial decision-maker, may participate in the matters and processes
enumerated therein as they deem necessary.
G3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the
following functions in relation to record keeping, information sharing and reporting to the
Province:
(a) Provide to the Province, upon request, complete and accurate copies of all documents
provided to the Aboriginal Groups in relation to the Project;
(b) Keep reasonable business records of all its activities in relation to consultation and
provide the Province with complete and accurate copies of such records upon request;
(c) Provide the Province with timely notice of any Recipient mailings to, or Recipient
meetings with, the representatives of any Aboriginal Group in relation to the Project;
(d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the
Project and provide copies to the Province of any documentation received from
Aboriginal Groups;
(e) Advise the Province in a timely manner of any potential adverse impact of the Project
on Aboriginal or treaty rights or asserted rights of which it becomes aware;
(f) Immediately notify the Province if any Aboriginal archaeological resources are
discovered in the course of the Project;
(g) Provide the Province with summary reports or briefings on all of its activities in relation
to consultation with Aboriginal Groups, as may be requested by the Province; and
(h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to
enter into an agreement directed at mitigating or compensating for any impacts of the
Project on Aboriginal or treaty rights or asserted rights.
G3.4 Recipient Shall Assist The Province. The Recipient shall, upon request lend assistance to
the Province by filing records and other appropriate evidence of the activities undertaken both
by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the
Project, attending any regulatory or other hearings, and making both written and oral
submissions, as appropriate, regarding the fulfillment of Aboriginal consultation
responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial
decision-makers.
G4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be
construed as an admission, acknowledgment, agreement or concession by the Province or
the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any
responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory
aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation
referred to in subsection G2.1 hereof is an aspect of the Section 35 Duty that could not have
lawfully been delegated to the Recipient had the Par ties so agreed.
G5. 1 No Substitution. This Schedule shall be construed consistently with but does not substitute
for any requirements or procedures in relation to Aboriginal consultation or the Section 35
Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker
acting pursuant to laws and regulations. Such decision-makers may have additional
obligations or requirements. Nonetheless, the intent of the Province is to promote
coordination among provincial ministries, boards and agencies with roles in consulting with
Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled
efficiently and in a manner that avoids, to the extent possible, duplication of effort by
Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies
and other regulatory decision-makers.
G6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Schedule
shall be in writing and shall be given sent to the person identified under section C1.6 of
Schedule “C” of this Agreement.
SCHEDULE “H”
COMMUNICATIONS PROTOCOL
H1.1 Application Of Protocol. This Protocol applies to all communications activities related to
any funding the Recipient receives under this Agreement. Communications activities may
include, but are not limited to:
(a) Project signage;
(b) Media events and announcements, including news conferences, public
announcements, official events or ceremonies, news releases;
(c) Printed materials;
(d) Websites;
(e) Photo compilations;
(f) Award programs; or
(g) Awareness campaigns.
H2.1 Project Signage. The Province may require that a sign be installed at the site of the Project.
If the Recipient installs a sign at the site of a Project, the Recipient shall, at the Province’s
request, provide acknowledgement of the provincial contribution to the Project. Sign design,
content and installation guidelines will be provided by the Province.
Where the Recipient decides to install a permanent plaque or other suitable marker with
respect to a Project, it must recognize the provincial contribution to the Project and be
approved by the Province prior to installation.
The Recipient is responsible for the production and installation of Project signage, unless
otherwise agreed upon in writing prior to the installation of the signage.
H3.1 Media Events. The Province or the Recipient may request a media event, announcement or
recognition of key milestones related to Project.
In requesting a media event or an announcement, the Party requesting the event will provide
at least twenty-one (21) Business Days’ notice to the other Party of its intention to undertake
such an event. The event will take place at a date and location that is mutually agreed to by
the Parties. The Parties will have the opportunity to participate in such events through a
designed representative. Each participant will choose its designated representative.
All joint communications material related to media events and announcements must be
approved by the Province and recognize the funding provided by the Province.
Media events and announcements include but are not limited to:
(a) News conferences;
(b) Public announcements;
(c) Official events or ceremonies; or
(d) News releases.
H4.1 Awareness Of Project. The Recipient may include messaging in its own communications
products and activities with regards to the Project. When undertaking such activities, the
Recipient will provide the opportunity for the Province to participate and will recognize the
funding provided by the Province.
H5.1 Issues Management. The Recipient will share information promptly with the Province should
significant emerging media, Project or stakeholder issues relating to a Project arise. The
Province will advise the Recipient, when appropriate, about media inquiries concerning the
Project.
H6.1 Communicating Success Stories. The Recipient agrees to communicate with the Province
for the purposes of collaborating on communications activities and products including but not
limited to success stories and features relating to the Project.
The Recipient acknowledges and agrees that the Province may publicize information about
the Project. The Province agrees it will use reasonable efforts to consult with the Recipient
about the Province’s publication about the Project prior to making it.
H7.1 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the
Ontario Community Infrastructure Fund, the Recipient will indicate in the material that the
views expressed in the material are the views of the Recipient and do not necessarily reflect
the Province’s views.
SCHEDULE “I”
REPORTS
11.1 Reports. The Recipient will submit the following Reports in accordance with the reasonable
directions provided by the Province by the date indicated in the chart immediately below. The
Province will provide the contents of the Report at a later date.
Annual Financial Report
Due Date: See section12.1 of this Schedule
Project Information Report
Due Date: See section 12.1 of this Schedule
Other Reports
Due Date: Within the time period set out in the written request from the Province
12.1 Timing Of Reports. The Recipient will provide to the Province the following Reports at the
times noted below:
(a) By January 15th of each year:
(i) Project Information Report
• Project Status and Financial Update for all Projects
• For Asset Management Planning or Composite Correction Program,
Implementation Staff Time Attestations (as appropriate)
• Completed Project Being Debt Financed – Yearly Update (as appropriate)
(ii) Annual Financial Report from the previous year (Interest Earned must be
reported for the previous calendar year)
(b) By April 15th of each year:
(i) Project Information Report – Proposed Project Information for any new or
revised Project (reminder- a Duty to Consult assessment must be completed
by the Province for each Project forty-five (45) Business Days prior to the start
of construction of that Project)
(c) Within forty-five (45) Business Days of Project or construction completion or no later
than January 15th of the year following completion of the Project
(i) Project Information Report- Completed Project information
Ontario Community Infrastructure Fund (OCIF)
Formula-based Component
Allocation Notice
Ministry of Infrastructure
Ministry of Agriculture, Food and Rural Affairs
Township of Augusta
July 2016
Formula-based Component: Allocation Notice
Township of Augusta
Table of Contents
Page 3 Overview
Page 4 Calculation of Adjusted Core Infrastructure
Page 5 Calculation of Indicator 1 (ratio of core infrastructure to weighted property assessment)
Page 6 Calculation of Indicator 2 (ratio of core infrastructure per household to median household income)
Page 7 Calculation of Grant
Please Note: Due to rounding, some calculations may vary from the results shown.
Terms and Conditions
Receipt of the formula allocations noted on page 3 are conditional upon:
• Entering into a funding agreement with the Province on terms and conditions that are satisfactory to the Province.
• Compliance with all of the terms and conditions of your existing OCIF formula-based funding agreement.
The Province reserves the right to adjust or terminate without notice or consent, for any reason, any allocation or proposed allocation contained in this notice, including the proposed allocations in future years, to account for any changes in your situation, the Ontario Community Infrastructure Fund program guidelines or other parameters or administrative procedures.
Overview
Formula-based funding
Your community’s formula-based allocation of funding (allocation) under the Ontario Community Infrastructure Fund for the next three
years is as follows:
2017 formula allocation $50,000
2018 proposed formula allocation $50,000
2019 proposed formula allocation $67,187
Infrastructure Index -0.237
Percentage points away from median -21.6
Starting in January 2017, the Province proposes to make payments in accordance with the following schedule
• Allocations of $150,000 or less will be provided in one payment;
• Allocations greater than $150,000 but less than $1 million will be provided through 6 payments; and
• Allocations greater than $1 million will be provided through 12 payments.
Top-up funding
The new top-up component will allow municipalities with critical infrastructure projects to submit proposals to bring their total OCIF
funding up to $2 million over two years. Eligibility for the 2016 intake is targeted to communities whose formula grants in 2017 and
2018 add up to less than $2 million and who did not receive funding under the last application-based intake.
If your community is eligible, you may apply for up to 90% of a project’s eligible costs or the top-up funding cap noted in the table
below (whichever is less). The top-up funding cap is based on the amount your community is receiving under the formula-based
component.
Eligibility for 2016 top-up intake
Top-up funding cap* $1,900,000
* Calculated by subtracting your community’s combined 2017 and 2018 formula allocations from $2-million.
Next allocation notice
You will receive an updated allocation notice in 2017. It will advise you of your 2020 proposed formula-based allocation, as well as
eligibility and maximum funding available, if any, to your community under the 2017 intake of the top-up component.
Adjusted Core Infrastructure
Adjusted Core Infrastructure: A1 + (A2 x A3) $54,473,666
1. Municipality’s core infrastructure $19,640,546
2. Core infrastructure of upper tier $438,479,650
3. Weighted assessment ratio (% of upper tier) 7.9441%
Data Sources
• Core infrastructure: assets valued at cost as reported in Schedule 51 of the Financial Information Return (FIR).
The best of 2014 or 2015 FIR data is used – whichever yields a higher total core infrastructure value for the municipality.
FIR Categories included are:
Line / Item
611 Roads – Paved
612 Roads – Unpaved
613 Roads – Bridges and Culverts
614 Roadways – Traffic Operations & Roadside Maintenance
621 Winter Control – except Sidewalks, Parking Lots
622 Winter Control – Sidewalks, Parking Lots only
650 Street Lighting
811 Wastewater Collection/Conveyance
812 Wastewater Treatment and Disposal
821 Urban Storm Sewer System
822 Rural Storm Sewer System
831 Water Treatment
832 Water Distribution/Transmission
• Weighted property assessment: Measures the size of the municipality’s tax base. Refers to the total assessment for a municipality weighted by the tax ratio
for each class of property (including payments in lieu of property taxes (PILs) retained by the municipality). Data sources: 2015 returned roll and 2016 starting
tax ratios (Municipal Property Assessment Corporation (MPAC) and municipal tax rate bylaws) and Municipal FIRs (2014 or 2013 for PILs).
Calculation of Indicators
Table 2a – Indicator 1 (ratio of adjusted core infrastructure to weighted assessment
Indicator 1 Value for Municipality
Indicator 1 Value: (A1 ÷ A2) 0.068
1. Municipality’s adjusted core infrastructure $54,473,666
2. Municipality’s weighted property assessment $803,928,554
Indicator 1 of Eligible Municipalities: Median, Lowest, Highest Value
B Lowest Value 0.002 *
C Median Value 0.083
D Highest Value 0.302
Calculation of Re-weighted Indicator 1
E Difference between Indicator Value and Median (A – C) -0.015
F Difference between the Median and the Minimum Value (C – B) 0.080
G Re-weighted Indicator 1 (E ÷ F) -0.184
Note
Line F: Since the indicator is below the median, the difference between the median and the lowest value is calculated (C – B)
Line G: The re-weighted indicator is on a scale of -1 to +1.
Calculation of Indicators
Table 2b – Indicator 2 (ratio of core infrastructure per household to median household income)
Indicator 2 Value for Municipality
A Indicator 2 Value: ((A1 ÷ A2) ÷ A3) 0.258
1. Municipality’s adjusted core infrastructure $54,473,666
2. Municipality’s number of households 3,085
3. Municipality’s median household income $68,526
Indicator 2 of Eligible Municipalities: Median, Lowest, Highest Value
B Lowest Value 0.014
C Median Value 0.357
D Highest Value 1.141
Calculation of Re-weighted Indicator 2
E Difference between Indicator Value and Median (A – C) -0.099
F Difference between the Median and Minimum Value (C – B) 0.343
G Re-weighted Indicator 2 (E ÷ F) -0.290
Note
Line F: Since the indicator is below the median, the difference between the median and the lowest value is calculated (C – B)
Line G: The re-weighted indicator is on a scale of -1 to +1.
Data Sources
Median household income: Statistics Canada’s measure of median income for all private households (2011)
Table 3 – Total Grant
Infrastructure Index
A Infrastructure Index: ((A1 + A2) ÷ 2) -0.237
1. Re-weighted Indicator 1 -0.184
2. Re-weighted Indicator 2 -0.290
Calculation of Funding per $100,000 of Core Infrastructure
B 2017 Funding per $100,000 Core Infrastructure: ($179 + $13 x (A – B1) ÷ 10%) $150.88
C 2018 Funding per $100,000 Core Infrastructure: ($254 + $18 x (A – C1) ÷ 10%) $215.06
D 2019 Funding per $100,000 Core Infrastructure: ($394 + $24 x (A – D1) ÷ 10%) $342.09
1. Median of Infrastructure Indices of all Eligible Municipalities -0.021
Calculation of Grant
E 2017 Total Grant: Maximum of (B x E1 ÷ $100,000) or $50,000 (i.e. whichever is greater) $50,000
F 2018 Total Grant: Maximum of (C x F1 ÷ $100,000) or $50,000 (i.e. whichever is greater) $50,000
G 2019 Total Grant: Maximum of (D x G1 ÷ $100,000) or $50,000 (i.e. whichever is greater) $67,187
1. Municipality’s total core infrastructure $19,640,546
Note
Lines B, C and D: Since the index is above the median, the funding per $100,000 of core infrastructure is greater than $179 in 2017, $254 in 2018 and $394 in 2019.
Please refer to the program guidelines for details on the minimum and maximum funding provided per $100,000 of core infrastructure.
