Body: EOWC Type: Agenda Meeting: Special Date: July 10, 2024 Collection: Council Agendas Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/PDF Documents/EOWC CAOs' Planning Meeting/2024/EOWC CAOs' Special Planning Meeting - 10 Jul 2024 - Agenda.pdf)
Document Text
EOWC CAO’s Special Meeting Agenda Wednesday July 10, 2024 – 2:00 p.m. Virtual Zoom
Agenda Page 1.
Call to Order / Welcome
Approval of Agenda 2.1. Agenda of the July 10, 2024 EOWC CAOs’ Special Meeting Recommended Motion: “That the agenda of the July 10, 2024 EOWC CAOs’ Special Meeting be adopted as circulated.”
3-9
Approval of Minutes 3.1. Minutes of the EOWC CAOs’ Special meeting held on January 21, 2024 and May 24, 2024 Recommended Motion: “That the minutes of the EOWC CAO’s Special Meeting held January 21, 2024 and May 24, 2024 be approved as circulated.” EOWC CAOs Planning Meeting - 21 Jan 2024 - Minutes - Manager Approved EOWC CAOs’ Planning Meeting - 24 May 2024 - Minutes - Manager Approved
New / Other Business
Page 10 - 30
4.1. Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All EOWC Presentation - AMO 2024 - Multi Ministry Infrastructure Paper Final DRAFT Key Takeaways - The EOWC’s 2024 Infrastructure Policy Paper AMO 2024 - Draft Multi-Ministry Speaking Notes - Infrastructure Policy Paper - July 2, 2024 Resolution Template for Municipalities - Calling for Investment in Municipal Infrastructure for Eastern Ontario’s Small and Rural Communities - June 27, 2024 EOWC Resolution - Refreshed 2024 Infrastructure Policy Paper and Key Messages - May 23, 2024 EOWC Infrastructure Speaking Points to Council June 5 2024 - EOWC News Release - Municipal Infrastructure Policy Paper Infrastructure (website)
31 - 92
4.2. Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefing note (forthcoming) Kawartha Lakes Building Faster Funding and Pledge package BFF Program Guidelines 234-2024-3201 BFF Allocation Letter SIGNED (ENG) - Kawartha Lakes BFF Transfer Payment Agreement 4.3. Long-Term Care - Kurt Greaves / Meredith Staveley-Watson / All Draft AMO briefing note (forthcoming) 4.4. Indwell Flourish Follow-Up Discussion - Ray Callery / All 5.
Next Meeting Thursday, July 18th, 2024 EOWC Meeting Virtual
Adjournment Recommended Motion: “That the EOWC CAOs’ Special Meeting be adjourned.”
Page 2 of 92
Minutes EOWC CAOs Planning Meeting 1:00 PM - Sunday, January 21, 2024 Present: Craig Kelley, Stephane Parisien, Brenda Orchard, Connor Dorey, Maureen Adams, Gary Dyke, Jennifer Moore, Marcia Wallace, Ron Taylor, Kurt Greaves, Kelly Pender, Sheridan Graham, Kelly Pender Regrets: N/A Guests: Jason St.Pierre (EORN), Meredith Staveley-Watson (EOWC)
Call Meeting to Order / Welcome The EOWC’s Secretary-Treasurer Craig Kelley called the meeting to order at 1:02pm.
Approval of Agenda Agenda of the January 21, 2024 meeting Recommended Motion: “That the Agenda of the January 21, 2024 EOWC CAOs’ Planning meeting be approved as circulated.” Moved by: Stephane Parisien Seconded by: Maureen Adams Carried
Approval of Minutes Minutes of the December 14, 2023 Special CAOs’ Planning Meeting Recommended Motion: “That the Minutes of the CAOs’ Planning Meeting held on December 14, 2023 be approved.” Moved by: Brenda Orchard Seconded by: Sheridan Graham Carried
Page 3 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
4.
Strategic Planning a.
Strategic Facilitation of the EOWC - Review of CAO Strategic Session from December 14, 2023 Special Meeting Please see December 14, 2023 Minutes for Strategic Facilitation Attachments and Notes
Discussion was had as a continuation of the conversation started on December 14, 2023. Key Topics in the follow-up discussion included:
- Staff Capacity • Concerns about staff capacity for March meeting. • Will need to continue to lean on other municipal staff. • New hire contract will be through Frontenac County.
- Branding/Promotion of the EOWC • Looking for counties to have ‘proud member of the EOWC – link to EOWC when possible.’ • EOWC update at council every two months with brief speaking points. • Minutes should be completed within two weeks of meetings. • Constant Contact newsletter bi-monthly is a goal once staff capacity is increased.
- Strategic Planning Meeting • Up to two additional elected officials per County will be invited to attend the EOWC March meeting. This will be the decision of the Warden/Mayor. The additional guest will not be a voting member. • Multi-meeting process to develop the priorities and strategic plan. • Build into follow up approval session for the longerterm plan. • Strategic planning session will be for rest of council term (2026). It will be reviewed following council elections in 2026 after initial onboarding. • Have longer-term strategic priorities, then leave area for flexibility with reacting to Province. • Different between strategy and tactic. • Building relationships before the ‘ask’ Other Actions • Include 2-page memos for issues bringing forward to go along with subject matter from CAOs. • Setting Queen’s Park / Parliament follow up meetings throughout the year.
Page 4 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
• • • • •
b.
Staff-to-staff meetings. Have lead CAO, lead staff expert and Manager attend. Include question period for Chair and Vice-Chair at Inaugural meetings moving forward. Have Kathy Wood for May 2024 meeting as follow up for strategic planning. Inaugural meetings moving forward have virtual 1 hour session for brand new members re: orientation. Able to save time. Tours at meetings will be up to local CAO/Warden
Discussion around March 2024 Strategic Planning Meeting Questions for CAOs: 1.Who should be invited? 2. Who will facilitate the strategic planning? 3. How will we organize strategic planning? • What conversations do we want to have? • What are we trying to accomplish? 4. What will the package look like? • Could we gather and contract strategic plans? 5. Should it be a multi-year plan? • Objectives by year or Objectives across years? 6. How do we engage Wardens in advance? • Surveys? Interviews?
Meredith to reach out to Suzanne Gibson for facilitation. 3 CAOs (Gary, Jennifer, Brenda) to work with Meredith and Suzanne on questions and strategic plan development. Preliminary questions include: o Who is the EOWC? o What do we want to be? o What are our strengths? o What do we want to do in the long run? o What do you want the EOWC in relation to your County moving forward? o What does your community care about in next 5 years? o What outcomes do you want to wok towards (achieve / objectives)? Staff to get strategic plans from members to explore common themes and crossover.
Closed Session
Page 5 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
Motion to enter into Closed Session. Moved by: Sheridan Graham Seconded by: Marcia Wallace Carried
New Business / Other a.
EORN – 7 in 7+ Regional Housing Plan Discussion and Next Steps All/Jason St. Pierre Jasonfor St.Pierre provided an overview of current and next steps around the 7meetings in 7+invited Plan. Jason thanks COAs’ andwork staff for their collaboration and CAOs’ to have join Governance Oversight Committee should they capacity. Waiting tothe hear back grant applications around the project. CAOs infor that they are looking to review report in draft form in-advance of the March 31, 2024 deadline. Looking for report to befeedback broken into actionable components that the region and itsprovided member municipalities can undertake. CAOs’ looking to build the communications plan the 7 in 7+ Plan following the March deliverable date.
Next Meeting Thursday February 22nd, 2024 CAO Meeting Virtual
Adjournment Motion to adjourn at 3:34pm. Moved by: Sheridan Graham Seconded by: Connor Dorey Carried
Page 6 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
Minutes Eastern Ontario Wardens’ Caucus EOWC CAOs’ Special Meeting Friday, May 24, 2024 – 9:00 a.m. Shire Hall Committee Room 332 Picton Main St. Picton, ON K0K 2T0 Present:
Marcia Wallace, Kevin Farrell, Gary Dyke, Connor Dorey, Ron Taylor, Kurt Greaves, Brenda Orchard, Jennifer Moore, Sheridan Graham, Secretary-Treasurer Craig Kelley, Maureen Adams
Regrets:
Stéphane Parisien, Ray Callery
Others:
Meredith Staveley-Watson, Lauren Wilkinson
Call Meeting to Order / Welcome Secretary-Treasurer, Craig Kelley, called the meeting to order at 9:00am. •
It was decided to move EOWC meetings to Fridays effective immediately.
Approval of Agenda 2.1
Agenda of the May 24, 2024 Eastern Ontario Wardens’ Caucus CAOs’ Special Meeting Motion “That the Agenda of the May 24, 2024 Special CAOs’ Meeting be adopted as circulated.” Moved by: Gary Dyke
Page 7 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
Seconded by: Kevin Farrell Carried
New / Other Business 3.1
Housing for All in Eastern Ontario – All • Connor Dorey led discussion on the next steps in housing efforts. • Discussion of two parallel streams: service manager responsibilities and municipal roles in fostering housing growth, while creating an area in Eastern Ontario conducive to further housing development, including an economic perspective to be part of the solution. • The group agreed on language and key messaging for advocacy. Within this, ensure messaging aligns with provincial and federal housing goals of building x amount of housing by 2030. • In the new dual stream conversations: • Stream 1: 7,000 community rental units • Stream 2: Build non-community housing (affordable housing and rentals – but must also meet the needs of workers, changing populations, etc.) in that timeline • CAOs agreed to start counting units already built starting from 2023. • Discussion around the advocacy for the Building Faster Fund (BFF): Advocate for a rural stream of all infrastructure funding.
3.2
AMO 2024 Delegation Meeting Requests – All • The group concurred that staff will develop a presentation to restart relationships and generate interest for the delegations. • Ministries involved would include Infrastructure, Environment, Municipal Affairs and Housing, Transportation, Finance, Treasury Board, Culture and Tourism, Labour, Economic Development, OMAFRA, MTCU, and Energy. • The following was discussed around individual ministry delegation requests: • Align with strategic priorities.
Next Meeting
Page 8 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
Friday, June 21, 2024 County of Hastings
Adjournment Motion “That the EOWC CAOs’ Special Meeting be adjourned at 11:03am.” Moved by: Gary Dyke Seconded by: Kevin Farrell Carried
Page 9 Special of 92 meeting held on January 21, 2024 and M… Minutes of the EOWC CAOs'
Page 10 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
The region’s voice for 103 rural and small urban municipalities
Page 11 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Growing more than you think
Rural Eastern Ontario is a growing economy that can grow more
Page 12 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Rapid new housing growth
EOWC’s municipalities issued X building permits in time period, representing a construction value of $X million EOWC’s communities built more housing / 100,000 population than the City of Toronto
Page 13 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Major export economy
Municipal infrastructure supports production, wholesale trade and transportation Businesses in rural Eastern Ontario export 57% of production to other jurisdictions: $33 billion per year of economic activity
Page 14 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Rural taxpayers under pressure
EOWC’s municipalities manage over $12B in assets (2021) EOWC’s municipalities spend $536M a year to operate infrastructure and perform basic maintenance Small municipalities lack the tax base to sustain infrastructure investment and asset management
Page 15 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Challenge is deepening
EOWC municipalities’ infrastructure deficit has grown to $6B (2021) $981M annually is required to close the current capital investment gap o EOWC municipalities spend $403M annually on infrastructure o Need an additional $578M a year to maintain existing assets and address deficit
Page 16 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Same tool, big difference in revenue generation
Page 17 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Responsibility exceeds capacity
EOWC’s 103 municipalities hold $590M in reserves (2021) We are using about 28% of total debt capacity
Page 18 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
To learn more
Page 19 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Key Takeaways: 2024 Infrastructure Policy Paper The EOWC is committed to building a better Eastern Ontario. We want to partner with the Federal and Ontario Governments to address the infrastructure deficit.
- Ensure eligibility for programs and funding fits both rural and small urban circumstances
- Establish a predictable, non-competitive, permanent infrastructure funding stream
- Invest in infrastructure to support housing growth, including institutional, commercial, or industrial land uses
- Reevaluate debt financing options for small municipalities to focus on infrastructure development
- Collaborate with the Financial Accountability Office to provide complete data for infrastructure reports
Rural Eastern Ontario is a growing economy that can grow more
Rural Eastern Ontario communities are major exporters to Ontario and other jurisdictions
There is an upfront cost to growth, creating a burden for small rural communities
Small, rural municipalities lack tax base to sustain infrastructure investment and asset management
Innovation is key to costeffective infrastructure management
$61B in annual economic activity in the EOWC area
Businesses export 57.6% of production to other jurisdictions. This represents $33B / year of economic activity
EOWC’s 103 municipalities own and manage over $12B in assets
Rural and small urban taxpayers cannot afford dramatic increases in infrastructure investments
Investment in innovation can significantly extend asset lifecycles
The EOWC communities built more housing/100,000 population (39/100,000) than Toronto $2.9B in building permits in EOWC area (2021) Infrastructure investments have an economic return on investment to the community, region and province
Production, wholesale trade and transportation require infrastructure Dominant goods-producing sectors: manufacturing ($20.1B / year) residential construction ($2.3B / year) electrical power generation ($1.1B / year)
Since 2011, the capital infrastructure deficit in the EOWC area has increased by 58% and is now $6B Since 2011, the EOWC area has lost ground on asset maintenance, equal to $837M. An added investment of $837M is needed to return just to the 2011 capital infrastructure deficit level Growth alone is not enough to maintain existing infrastructure as well as the additional infrastructure that economic growth requires
Jobs pay $6,869 less in rural and small Eastern Ontario than for Ontario as a whole (on average) Borrowing capacity is restricted and directly correlates with Own Purpose Revenue generated. This limits the EOWC area’s revenue generation capacity Even if municipalities maximize borrowing, it is insufficient to meet infrastructure investment needs
Purpose-built innovation is far more effective than retrofitting solutions later on Implementing innovative solutions can lead to operational savings Improving/extending assets enhances adaption to growth opportunities Integrating a climate change lens will support future infrastructure, and requires additional funding
Draft AMO 2024 Multi-Ministry Speaking Notes Municipal Infrastructure Policy Paper Opening Remarks - Chair Peter Emon •
Thank you for meeting. We are a champion for 103 small urban and rural municipalities, representing ¼ of Ontario’s municipalities.
•
In May, we launched our 2024-2027 strategic plan for Eastern Ontario. Enabling Infrastructure was our number 1 priority.
•
We are here to focus on infrastructure because it unlocks jobs, enables housing, and boosts the economy.
•
The EOWC doesn’t advocate without doing our homework.
•
Our regional municipal infrastructure policy paper is substantial and rich in research. It shows years of data and information, including trends around where we can go with innovative partnerships and investment.
•
I will pass it over to CAO of Prince Edward County, Marcia Wallace, to walk through key highlights.
CAO Marcia Wallace presents
Our region’s growing, but so is the infrastructure deficit – Vice-Chair Bonnie Clark •
We are committed to building a better Eastern Ontario, but we need your partnership and support to do it right, together.
•
We know infrastructure is key to all of your ministries. It can be a barrier or an enabler.
•
As you saw, we can build housing faster than Toronto and our opportunities for growth speak for themselves.
Page 1 of 4
Page 20 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
•
Our asset management plans are due and must be fully funded by next July. We will be struggling to execute those plans when there is a growing deficit and no financial tools to close the current gap, let alone plan for new growth infrastructure.
•
We are in a growing hole we cannot climb out of by ourselves.
•
Question 1: We are happy to see a Federal-Provincial infrastructure deal, congratulations and thank you on closing it. How do you see rural and small urban municipalities taking advantage of it?
*If Minister’s answer focuses on application based funding, then ask this question: •
Question 1b: Predictable, annual funding is key to infrastructure maintenance and repair. We appreciate the OCIF grant funding. When you crunch the numbers though and look at the trends over the last 20 years, the reality is that it falls short in filling current or future infrastructure needs. How do programs intend to ensure the hole doesn’t get bigger related to this growing deficit problem?
•
Question 2: We would like to ask that we close the infrastructure deficit in X years. Is this possible from your perspective? Ask CAOs what timeline makes sense (10, 20 years)?
•
Example to be included.
We are using all the tools we can. Small rural taxpayers cannot afford to pay for the growing gap – EOWC Elected Official •
I think you’d agree that we can’t put a burden on rural residents that they can’t afford to carry. We need to find a solution for our families, seniors, young people, and business owners.
•
Our report shows that jobs pay $7,000 less on average in our region compared to Ontario as a whole.
•
Small rural taxpayers live farther apart, this means the property taxes to fix a bridge or repair a wastewater centre have a bigger burden in each resident.
•
Hiking the property taxes by X% only results in $X and is not enough to match the current holes, let alone build future infrastructure.
•
The bridges they fish off, roads commuters and farmers rely on, and recreation centres their kids play at are at risk of being closed, or never being built at all. We want them to have homes and communities they are proud of and can see a future living in. Page 2 of 4
Page 21 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
•
Question 1: We know you’re focused on growth related infrastructure, what are you doing to ensure we don’t leave anyone behind?
•
*If Building Faster Fund ($120M) is announced at AMO, thank them for this investment.
•
Question 2: We appreciate consistency in funding programs. Are you considering programs that target the needs of our small and rural residents?
•
Question 3 to Ministry of Transportation. As you saw in the presentation, there is a big and widening gap to fill the current deficit around brides, roads that people use to commute on. How are you helping to address these existing roads and bridges people are already using, versus focusing only on future growth?
Jobs, businesses, economic development – EOWC Elected Official (To be determined pending Ministers attending) •
We want to attract and retain businesses and workers, and build an environment for economic development and growth.
•
We know that is part of your Building Ontario Better Plan and we want to work together to ensure small and rural Eastern Ontario is part of it.
•
Question 1: TBD
•
Example to be included.
Future focused investment as part of the infrastructure growth plan – EOWC elected official •
We want to grow but it needs to be done with the future in-mind.
•
Our paper also talks about the return on investment for investing in innovative infrastructure.
•
Innovative investments can extend asset lifecycles, save operational dollars, and be more effective overall. It’s cheaper to build purpose-built projects than to retrofit them later.
Page 3 of 4
Page 22 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
•
Question 1: Minister of Environment: With funding that will become available, are you building incentives for municipalities to build longer-term, climate focused and resilient infrastructure?
•
Example: Municipality applied for sustainable funding but didn’t get it and now not making their LTC home green at all.
Closing Remarks – Chair Peter Emon •
Thank you, you can count on us as a reliable partner.
•
We look forward to working together and having discussions following AMO.
•
Ask for photo
Page 4 of 4
Page 23 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
DRAFT Resolution: Calling for Investment in Municipal Infrastructure for Eastern Ontario’s Small and Rural Communities
WHEREAS Eastern Ontario’s small rural municipalities face insurmountable challenges to fund both new growth related infrastructure and ongoing maintenance of their capital assets including local roads and bridges, clean water, wastewater, waste facilities, and municipally owned buildings including recreational facilities and libraries; and WHEREAS the Federation of Canadian Municipalities has calculated that Municipal Governments across Canada are responsible for approximately 60 percent of public infrastructure that supports our economy and quality of life, but only receive 10 cents of every tax dollar; and WHEREAS the Eastern Ontario Wardens’ Caucus (EOWC) region’s capital infrastructure deficit has increased by 58 percent since 2011 and is now at $6 billion, and growing; and WHEREAS in 2018, the Ontario Government mandated all Ontario municipalities to develop and fully fund capital asset management plans by July 2025; and WHEREAS the EOWC has released a regional Municipal Infrastructure Policy Paper showing key infrastructure data, opportunities and challenges in small rural municipalities across Eastern Ontario; and WHEREAS Eastern Ontario is a growing economy that can grow more with sustainable, innovative infrastructure partnership and investment from the Federal and Ontario Governments; and WHEREAS the infrastructure deficit for small rural municipalities cannot be adequately addressed through property tax revenue, restricted municipal borrowing capacity, and municipalities limited ability to generate revenue; and WHEREAS small rural taxpayers cannot afford dramatic increases to pay for the current and future infrastructure.
NOW THEREFORE BE IT RESOLVED THAT municipality joins the Eastern Ontario Wardens’ Caucus, the Association of Municipalities of Ontario, and the Federation of Canadian Municipalities in calling on the Federal and Ontario Governments to immediately and sustainably partner with Municipal Governments by investing in both the new and ongoing maintenance and repairs of municipal infrastructure in Eastern Ontario’s small rural municipalities; and Page 1 of 2
Page 24 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
THAT the Federal and Ontario Governments immediately review data and work together to implement solutions based on the EOWC’s Municipal Infrastructure Policy Paper in partnership with small rural municipalities; and FINALLY THAT this resolution be forwarded to The Honourable Justin Trudeau, Prime Minister of Canada, The Honourable Sean Fraser, Minister of Housing, Infrastructure and Communities of Canada; The Honourable Doug Ford, Premier of Ontario; The Honourable Kinga Surma, Ontario Minister of Infrastructure; The Honourable Paul Calandra, Ontario Minister of Municipal Affairs and Housing; The Honourable Lisa Thompson, Ontario Minister of Rural Affairs; The Honourable Peter Bethlenfalvy, Ontario Minister of Finance; The Honourable Prabmeet Sakaria, Ontario Minister of Transportation; The Honourable Victor Fedeli, Ontario Minister of Economic Development, Job Creation and Trade; Local MP; Local MPP; Federation of Canadian Municipalities; Association of Municipalities of Ontario; Canada Mortgage and Housing Corporation; Rural Ontario Municipal Association; Eastern Ontario Wardens’ Caucus.
Page 2 of 2
Page 25 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Resolution: Refreshed 2024 Infrastructure Policy Paper and Key Messages
Moved by: Warden Liz Danielson Seconded by: Warden Bob Mullin “That the EOWC approves the proposed key messages based on the 2024 EOWC Infrastructure Policy Paper updated by Pivotal Momentum; and Further that the EOWC directs staff to use these key messages as part of the EOWC’s advocacy and communications efforts moving forward (in part or in whole based on context), including at the AMO 2024 Conference; and Further that the EOWC’s Municipal Councils are encouraged to bring forward resolutions of support to advocate the Federal Government and Provincial Government for investment based on the EOWC’s 2024 Infrastructure Policy Paper evidence once the paper is launched publicly.” CARRIED
Signed by: Peter Emon, Chair May 23, 2024
Page 26 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
EOWC Speaking Points to Council re: Infrastructure Policy Paper
• • •
•
Under the strategic priority of infrastructure, the EOWC released a regional municipal infrastructure policy paper. The paper covers data from across the region. It shows the region is growing, but requires the infrastructure to support it. Our Municipal Infrastructure Policy Paper provides a path forward on how strategic infrastructure partnerships and investment in rural and small urban communities can make a significant difference. We cannot do it alone and we look forward to finding solutions with our Ontario and Federal Government partners to address the growing infrastructure deficit to support our region’s growing communities We will be taking these key findings and recommendations to the AMO Conference this August when we meet with Provincial Ministers. o o
June 5th News Release: https://eowc.org/news/eowc-releases-infrastructurepolicy-paper/ Key Takeaways and Requests to Government: Infrastructure - EOWC (scroll to bottom of page)
Page 27 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
www.eowc.org
Eastern Ontario Wardens’ Caucus Releases Infrastructure Policy Paper
June 5, 2024 – Eastern Ontario – The Eastern Ontario Wardens’ Caucus (EOWC), under its strategic priority of infrastructure, has released the 2024 Municipal Infrastructure Policy Paper. This paper covers key infrastructure data and recommendations from across the region. The information will support Eastern Ontario’s municipal policy and program advocacy, applications for government funding, and future partnerships around infrastructure that will help enable the region’s prosperity and housing for all. Additionally, the paper will shape the advocacy initiatives as part of the infrastructure priority in the EOWC’s 2024-2027 Strategic Plan. The EOWC recognizes that as the region continues to grow, the demand for essential municipal services also increases. However, maintaining and expanding infrastructure falls on a relatively small and widely dispersed population, creating a growing deficit and an impossible challenge for local municipalities and ratepayers. “Investing in infrastructure is not just about building roads and bridges; it’s about laying the foundation for economic growth and ensuring a high quality of life for all people across Eastern Ontario,” says EOWC Chair Peter Emon. “Our Municipal Infrastructure Policy Paper provides a path forward on how strategic infrastructure partnerships and investment in rural and small urban communities can make a significant difference. We cannot do it alone and we look forward to finding solutions with our Ontario and Federal Government partners to address the growing infrastructure deficit to support our region’s growing communities.” As part of our research findings, we have identified five key messages:
Rural and small urban Eastern Ontario is a growing economy that can grow more with infrastructure investment.
Rural Eastern Ontario communities are major exporters to Ontario and other jurisdictions.
There is an upfront cost to growth, creating a burden for smaller rural communities.
Small, rural municipalities lack the tax base to sustain infrastructure investment and asset management.
Innovation is key to cost-effective infrastructure management.
Page 28 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
The EOWC requests that the Federal Government and the Ontario Government partner with municipalities to address the growing infrastructure deficit by:
- Ensuring eligibility for programs and funding fits both rural and small urban circumstances.
- Providing predictable, non-competitive, permanent infrastructure funding streams, as federal and provincial funding programs are often unpredictable and irregular in their timing.
- Taking an integrated approach to infrastructure investments, considering the return on investment that is shared by communities and the Province, as investing in housing goes hand-in-hand with investing in institutional, commercial, or industrial (ICI) land uses.
- Reevaluating debt financing options for small municipalities with limited resources to raise funds, ensuring that funds are directed towards infrastructure development rather than servicing debt interest. Specific considerations should include higher upfront/advance contributions as well as the contribution to GDP of “local” investments to provincial priorities.
- Working with the provincial Financial Accountability Office to ensure that missing/incomplete data that would make their infrastructure reports more robust is provided, that the evolution in asset management plans is reflected in both municipal and FAO work, and that the FAO and the EOWC compare their methodologies for estimating infrastructure deficits/backlogs. About the EOWC The EOWC Inc. is a non-profit organization advocating for 103 small urban and rural municipalities across Eastern Ontario. The EOWC covers an area of 50,000 square kilometres, serving 800,000 residents. For more than 20 years, the EOWC has gained support and momentum by speaking with a united voice to champion regional municipal priorities and work with the government, businesses, non-profit organizations, Indigenous leaders, the media, and the public. Notes: Read more about the EOWC’s Infrastructure Policy Paper, view our Key Takeaways and Recommendations, or download your copy at EOWC.org.
Media Contacts: Elected officials: Page 2 of 3
Page 29 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Peter Emon, 2024 Chair, EOWC (Warden of Renfrew County) 613-401-7186 info@eowc.org Bonnie Clark, 2024 Vice-Chair, EOWC (Warden of Peterborough County) 705-927-4207 info@eowc.org Staff: Meredith Staveley-Watson, Manager of Government Relations and Policy, EOWC 647-545-8324 info@eowc.org
Page 3 of 3
Page 30 of 92 Infrastructure - Marcia Wallace / Meredith Staveley-Watson / All Infrast…
Building Faster Fund PROGRAM GUIDELINES June 2024
Page 31 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Table of Contents Introduction ………………………………………………………………………………………….. 3 Context ……………………………………………………………………………………………….. 3 Program Eligibility…………………………………………………………………………………. 4 Allocation Methodology …………………………………………………………………………. 4 Data for Performance Assessment …………………………………………………………. 5 Allocation Letters ………………………………………………………………………………….. 5 Investment Plans and Reporting …………………………………………………………….. 6 Key Dates and Timelines ………………………………………………………………………. 8 Transfer Payment Agreements ………………………………………………………………. 9 Payment Process and Financial Matters ………………………………………………….. 9 Categories of Eligible Expenditures ………………………………………………………… 9 Eligible Expenditures …………………………………………………………………………… 10 Ineligible Expenditures ………………………………………………………………………… 11 Saving/Banking Provisions …………………………………………………………………… 11 Stacking ……………………………………………………………………………………………. 11 Other Program Requirements ………………………………………………………………. 12 Appendix: Municipal Housing Targets (2023-2025) …………………………………. 14 2024 BFF Investment Plan Instructions………………………………………………….. 16 2024 BFF Year End Reporting Instructions …………………………………………….. 19
Page 32 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Introduction The Building Faster Fund (BFF) is a provincially funded program designed to reward municipalities that build homes based on performance towards provincially assigned housing targets. These guidelines outline the design of the program for municipalities with housing targets and are effective April 1, 2024. These guidelines may be updated as program implementation progresses. Ten per cent of the overall funding will be allocated to single and lower tier municipalities that have not been assigned a housing target, including small, rural and northern communities. The design of this component of the BFF will be communicated separately from these program guidelines, which apply only to the administration of funding for municipalities with housing targets.
Context Announced in August 2023, the BFF1, is a three-year, $1.2 billion fund that will provide up to $400 million per year to municipalities that have committed in writing to achieve their overall 2031 housing target and met all other program eligibility criteria (described below). Municipalities that have met program eligibility criteria identified below and achieve at least 80 per cent of their provincially assigned housing target will be able to receive funding, with bonus funding to municipalities that exceed 100 per cent up to a maximum of 125 per cent of their assigned target. BFF funding will be disbursed beginning in 2024 to reward performance against targets for three calendar years: 2023, 2024 and 2025. Municipalities that have not been assigned a housing target, including small, rural and northern communities will be allocated ten per cent of the overall funding to address their unique needs. More details about the design of this stream of the BFF program will be communicated separately. Funding is intended to balance flexibility with financial accountability, ensuring that recipient municipalities are able to invest in local priorities that support further growth in housing supply, particularly housing-enabling infrastructure and other expenditures that support community growth. Recipient municipalities are required to enter into a Transfer Payment Agreement (TPA) 1 https://news.ontario.ca/en/release/1003397/to-build-more-homes-ontario-launching-building-faster-fund-
and-expanding-strong-mayor-powers
3
Page 33 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
with the Ministry of Municipal Affairs and Housing (MMAH or the ministry) in order to receive allocated funding (i.e., condition of payment). The TPA will outline the roles and responsibilities of both parties as required by the province’s Transfer Payment Accountability Directive. The TPA will also include planning and reporting requirements aligned with these program guidelines.
Program Eligibility Eligibility for funding under the BFF will be limited to municipalities that have: • A provincially assigned housing target (number of units to be achieved by 2031); • Committed to achieve the housing target through a council-approved pledge or a written head of council commitment submitted to MMAH; and, • Provided feedback to MMAH prioritizing the recommendations contained in the February 2022 report of the Housing Affordability Task Force. Municipalities must meet all program eligibility criteria to become eligible for funds. A municipality that does not meet all eligibility criteria for a particular program year may become eligible under the BFF program to receive funds in a subsequent program year if the municipality meets all program eligibility requirements for the subsequent program year. However, the municipality is not entitled to retroactively receive a funding allocation under the BFF if allocations for a particular year have already been announced by MMAH. For example, if a municipality was ineligible for the BFF for the 2023 performance year because it did not commit to a provincially assigned housing target, and subsequently makes a commitment in summer 2024 to achieve its overall housing target by 2031, it would not be entitled to funds for the 2023 performance year as those allocations have already been announced by the ministry. It would, however, be eligible for funding for performance in 2024 and 2025. In addition, to be eligible to receive funding under BFF, the municipality must have a TPA in place and an Investment Plan for the program year approved by the ministry.
Allocation Methodology The three-year, $1.2 billion fund will provide up to $400 million per year to municipalities that have committed in writing to achieve their overall 2031 housing target and met all other program eligibility criteria. Ten per cent of the overall funding will be reserved for small, rural and northern communities that have not been assigned a housing target by the province to support their unique needs and circumstances. For municipalities with targets, each municipality’s portion of the $400 million annually will be determined based on its share of the greater provincial housing supply goal, as well as its performance compared to their annual assigned targets. For example, if a
4
Page 34 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
municipality’s target represents 10 per cent of the province-wide target, that municipality will be eligible for up to 10 per cent of funding through the BFF. Performance will be evaluated by comparing the municipality’s progress against its annual target. Municipalities that achieve 80 per cent or more of their annual target will be able to access a portion of the total BFF funding. Those that exceed their target will be eligible to receive additional funding. Municipalities that do not achieve at least 80 per cent of their annual target will receive no funding. For example, if a municipality has a total housing target of 150,000 homes by 2031, this represents 10 per cent of Ontario’s target of 1.5 million homes and makes them eligible for up to $40 million in annual funding if they meet 100% of their annual target, plus any potential bonus. The BFF provides double the funding for every one per cent above 100 per cent of a municipality’s target up to 125 per cent. For the 2024 BFF program year, a municipality’s allocation will be based on their performance in 2023 (January 1, 2023 – December 31, 2023). Similarly, for the 2025 BFF program year, allocation will be based on performance in the 2024 calendar year, and for the 2026 BFF program year, allocation will be based on performance in the 2025 calendar year.
Data for Performance Assessment For the 2024 BFF program year, performance against assigned housing targets is measured through a combination of: • Housing starts – defined as the number of new units that started construction during the performance year, as reported by the Canada Mortgage and Housing Corporation (CMHC). • Conversions – defined as renovations or additions to an existing structure that creates additional units as reported by the CMHC (e.g., basement suite, laneway apartment, office space to residential housing, single dwelling to a fourplex). • Long-term care beds- defined as new and redeveloped beds that start construction, as reported by the Ministry of Long-Term Care. MMAH is also working with partners across government to identify data sources for student housing and congregate retirement home settings that may be calculated in performance towards housing targets for the 2024 and/or 2025 performance years. These guidelines will be revised as more information becomes available.
Allocation Letters For each of the three BFF program years, the ministry will provide each municipality with a letter outlining performance against assigned housing targets for the calendar year prior as well as funding allocations under the BFF for the relevant year of performance. This letter will be used to inform the development of investment plans.
5
Page 35 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Funding allocations for each eligible municipality will be determined according to the following formula: Performance
Status
Funding $0
Less than 80% of target
Not on track
Between 80% 100% of target
On track
Over 100% of target
Exceeds
o E.g., if Municipality ABC achieves 55% of its target in 2023, it would receive $0. o E.g., if Municipality ABC achieves 70% of its target in 2023, it would receive $0. 80-100% of share of BFF funding o E.g., if Municipality ABC achieves 85% of its target in 2023, it would receive 85% of its share ($100 million * 85% = $85 million allocation) o E.g., if Municipality ABC achieves 90% of its target in 2023, it would receive 90% of its share ($100 million * 90% = $90 million allocation). Over 100% of share of BFF funding (with a cap at 125%). Receive double payout for every 1% over target, total units that count would be capped at 125% of the target. o E.g., if Municipality ABC achieves 105% of its target in 2023, it would receive 100% of its share plus a bonus 5% paid at double the rate. ($100 million * 5% * 2 = $10 million bonus. $100 million + $10 million bonus = $110 million allocation). o E.g., if Municipality ABC achieves 130% of its target in 2023, it would receive 100% of its share plus a bonus 25% (cap) paid at double the rate. ($100 million* 25% * 2 = $50 million bonus. $100 million + $50 million bonus = $150 million allocation).
The ministry may, at its discretion, retroactively revise performance data and BFF allocations for recipients in the event new information becomes available to the ministry and is validated by the ministry as it relates to the performance data.
Investment Plans and Reporting Recipient municipalities are required to submit a BFF Investment Plan for each of the three program years through the Transfer Payment Ontario (TPON) system for MMAH
6
Page 36 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
approval. Investment Plans are required to identify each activity/initiative to be undertaken with BFF funding, as well as associated expenditures planned for the program year. Proposed activities/initiatives and associated expenditures are required to align with eligible expenditure categories* (see Eligible Expenditures on page 10). Investment Plans are to be approved/authorized by municipal council or a delegated authority prior to submission. For 2024 BFF program year, Investment Plans will be due to MMAH no later than July 19th, 2024. Dates and timelines for subsequent program years are included in the table below. It should be noted that only municipalities that have qualified to receive funding for a given program year will be required to complete the Investment Plan and year end reporting. Reports will also be required if a municipality has saved/banked funds from the previous program year, regardless of whether they have qualified for BFF funding in subsequent program year. MMAH will review Investment Plans for alignment with eligible expenditures and to verify compliance with the BFF Transfer Payment Agreement, BFF Program Guidelines and any other applicable government directives or legislation. Municipalities will only receive funding for a particular program year after the municipality is notified that its Investment Plan has been approved by MMAH. Both a signed Transfer Payment Agreement and a ministry approved Investment Plan for the program year are required for funding to flow to a recipient municipality. At the end of each program year, recipient municipalities will be required to submit year end reports on total funds spent, (e.g., invoiced), total funds committed but not spent (e.g., purchase orders), funds carried over to subsequent year (i.e., saved/banked), as well as interest earned on saved/banked funds. MMAH will review year end reports for alignment with municipal Investment Plans, including eligible expenditures and to verify compliance with the BFF Transfer Payment Agreement, BFF Program Guidelines and any other applicable government directives or legislation. Municipalities will only receive the final disbursement of funding for a particular program year after the municipality is notified that its year-end report has been approved by MMAH. For the 2024 BFF program year, year-end reports will be due by February 4th, 2025.
7
Page 37 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Key Dates and Timelines 2024 BFF Program Year (April 01, 2024 – December 31, 2024) Report Due Date Details The Investment Plan must identify proposed use of funds by activity, in alignment with eligible expenditures, for the 2024 Program Year up to Investment Plan July 19, 2024 December 31, 2024. The Investment Plan must be approved by MMAH in order for funding to be disbursed to recipients in accordance with the payment process set out below. Year End Report on spending by activity and description of alignment with eligible expenditures noted in Investment Plan, including Year End Report February 4, 2025 any funding amounts carried over (saved/banked) as well as interest earned on saved/banked funds up to December 31, 2024. 2025 BFF Program Year (January 01, 2025 – December 31, 2025) Report Due Date Details The Investment Plan must identify proposed use of funds by activity, in alignment with eligible expenditures, for the 2025 Program Year up to February 14, Investment Plan December 31, 2025. The Investment Plan must 2025 be approved by MMAH in order for funding to be disbursed to recipients in accordance with the payment process set out below. Year End Report on spending by activity and description of alignment with eligible expenditures noted in Investment Plan, including Year End Report February 4, 2026 any funding amounts carried over (saved/banked) as well as interest earned on saved/banked funds up to December 31, 2025. 2026 BFF Program Year Report Due Date Details The Investment Plan must identify proposed use of funds by activity in alignment with eligible expenditures, for the 2026 Program Year. The Investment Plan TBD Investment Plan must be approved by MMAH in order for funding to be disbursed to recipients in accordance with the payment process set out below. Year End Report on spending by activity and description of alignment with eligible Year End Report TBD expenditures noted in Investment Plan, including any funding amounts carried over
8
Page 38 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
(saved/banked) as well as interest earned on saved/banked funds.
Transfer Payment Agreements Municipalities are required to enter into a TPA with MMAH in order to participate in the BFF program and to receive the funding allocated to them. The TPA outlines the roles and responsibilities of both parties as required by the province’s Transfer Payment Accountability Directive. The TPA will also cover planning and reporting requirements. Recipient municipalities will be required to enter into a TPA to receive funding under the BFF program. Any funding received by that municipality will be subject to the terms of the signed TPA. As the program implementation progresses, TPAs may need to be amended including, but not limited to, changes to the terms and conditions, updates to the program guidelines and requirements for program reporting and/or communications.
Payment Process and Financial Matters Subject to the TPA, funding for each program year will be provided in two disbursements as follows: • 70 per cent of funding disbursed to recipient municipalities within 30 business days after approval by MMAH of the annual Investment Plan. • 30 per cent of funding to be disbursed to recipient municipalities within 30 business days of approval by MMAH of the year-end report.
Categories of Eligible Expenditures Funding from the BFF is intended to support further growth in housing supply, particularly through housing-enabling infrastructure (e.g., site servicing, roads, and public utilities) and other expenses that support community growth. At the same time, funding is intended to be sufficiently flexible to avoid creating significant additional administrative overhead and other restrictions for municipalities that might undermine the BFF’s primary purpose of creating an incentive for municipalities to deliver on their annual targets. To balance these considerations, eligible categories of expenditures include the following: •
Capital expenditures on housing-enabling core infrastructure and site servicing (e.g., roads, bridges, water and wastewater, including sanitary and stormwater facilities) to accommodate future residential development (e.g., through new construction, reconstruction, rehabilitation/repair or expansion of existing infrastructure). Eligible expenditures could also include capital maintenance for the
9
Page 39 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
renewal, rehabilitation and replacement of core infrastructure owned by the municipality to preserve existing housing supply, as well as site servicing / preparation expenses to support the direct creation of more housing (e.g., preparing a site for disposition for the purposes of housing development). •
Operating or capital expenditures that support the creation of net new affordable housing. Affordable housing will be defined as a unit that meets the definition of an affordable residential unit set out in section 4.1 of the Development Charges Act, 1997 or is a unit also supported by stacking with funds through a provincial affordable housing program (e.g., Homelessness Prevention Program). Eligible expenses must create a net increase in affordable housing stock.
•
Operating or capital expenditures that support the creation of net new attainable ownership housing, including through modular construction. o Attainable housing will be defined as a unit that meets the definition of attainable ownership housing set out by the ministry through an attainable housing program or agreement with MMAH or meets the definition of an attainable residential unit as defined in section 4.1 of the Development Charges Act, 1997. o Modular is defined as a home that is built using one or more prefabricated components or modules. It is constructed partially or completely off-site in a manufacturing facility then transported to a property and assembled there, like building blocks.
•
Capital expenditures for homelessness services centers. This could include capital expenses for net new shelter space or municipal homelessness service hubs.
Eligible Expenditures BFF recipients may use funds towards any of the categories outlined above. Eligible expenditures can only include all direct, incremental and verifiable costs that are attributable to the development and implementation of the program. Eligible capital expenditures could include soft costs (including planning, studies and permits), land costs, and hard costs (including costs of construction, labour and materials). Operating expenditures must be time-limited and cannot create operating funding obligations beyond the end of the BFF program (e.g., the creation of new staff positions). BFF recipients may transfer BFF funds to third parties, including another municipality/upper tier municipality, municipal services corporation, housing service manager or non-profit housing provider, or another entity that has been approved by the province in writing to receive transferred funds to support any of the categories of
10
Page 40 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
eligible expenditures outlined above. The recipient must enter into an agreement with any third parties that receive transferred funds and must ensure that those third parties only expend transferred funds on eligible expenditures under the BFF.
Ineligible Expenditures The following types of expenditures are examples of costs that will not be considered eligible: • Municipal staffing and administration costs • Legal fees • Rolling stock (e.g., trucks, graders, etc.) • Movable/transitory assets (e.g., portable generators, etc.) • Office and IT equipment and supplies (e.g., computers, servers, furniture etc.) • Costs of completing any application or reporting for a provincial funding program • All taxes, penalties, and duties • Financing and/or borrowing costs • Insurance costs • Non-cash items such as depreciation/amortization expenses for tangible capital and intangible assets, provisions for bad/ doubtful accounts etc.
Saving/Banking Provisions Recipient municipalities may save/bank BFF funding and retain accumulated interest for use towards activities/initiatives as detailed in the BFF Investment Plan. The saved/banked BFF funds could include funds not spent, funds committed but not spent, and any interest accruing on idle BFF funds. BFF funds must be kept in a separate interest-bearing savings account, and the recipients must report the interest earned on idle BFF funds during the program year through the year-end report. Recipients should also report on whether the saved/banked funds will be used for operating or capital expenditure. If this information is not noted, it will be assumed that the saved/banked funds will be used for capital expenditures. Failure to use saved/banked funds by March 31, 2026, will result in the funds having to be repaid to the province, including accrued interest.
Stacking Municipalities may stack BFF funds with other sources of provincial and federal community housing and infrastructure capital funding (as long as those funding programs also allow stacking), such as the Ministry of Infrastructure’s Housing Enabling Water Systems Fund or funding through the federal Housing Accelerator Fund. There is no maximum provincial contribution under the BFF, however please note that maximum provincial contributions may apply under other programs such as the Housing Enabling Water Systems Fund towards which BFF funds would be counted.
11
Page 41 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Other Program Requirements Reallocation Reallocation includes changes to originally approved Investment Plans, such as reallocating funds to a project not included in the Investment Plan, as long as they are within the same expenditure category (i.e., reallocating operating expenditure to another operating expenditure and capital expenditure to another capital expenditure). Municipalities must make best efforts to ensure that planned expenditures are accurate. If changes in expenditure allocations are required, municipalities may reallocate funds, but must seek approval from the ministry by December 31 of the relevant program year. (E.g., for 2024 BFF program year funds, the municipality must seek ministry approval of reallocations by December 31, 2024.) Requests must be made to BuildingFasterFund@ontario.ca in the form of a revised BFF Investment Plan with the change(s) clearly marked. The ministry reserves the right to withhold or adjust further disbursements of funds if the reallocated expenses are determined to be ineligible under the BFF. Reallocation requests should receive municipal council or delegated authority approval as appropriate. Return of Funding If funds are not fully spent by municipalities or are not used for an eligible expenditure under these Program Guidelines by March 31, 2026, funds, including any accrued interest, shall be returned to MMAH. Communications and Signage Requirements Consistent with Ontario Builds signage requirements, municipalities are expected to acknowledge support of the province, including with signage for any infrastructure projects that exceed $250,000 or has a project construction period of 90 days or longer. Ontario Builds signs are required for all infrastructure projects, including constructing, modernizing, expanding, renovating, replacing, and rehabilitating infrastructure. For more information on Ontario Builds signage template and design guidelines, please visit Ontario Builds templates | ontario.ca Audit Requirements and Reviews Municipalities shall support the ministry in exercising its rights under the BFF Transfer Payment Agreement to audit and inspect municipalities to ensure program funding is used in compliance with these Program Guidelines. Risk Assessment The ministry is committed to ensuring risk management planning is incorporated into policies, operations and program delivery. Municipalities are encouraged to assess their
12
Page 42 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
risk and capacity to deliver the BFF on an annual basis. Indemnification and Repayment There are obligations for all BFF recipients with regard to the indemnification and repayment of government funding. Specific obligations and provisions are included in the Transfer Payment Agreement. Compliance with Statues: Attestation and Tax Compliance Verification Municipalities are required to be in good standing with tax laws and attest to being in good standing with labour and environment laws. Valid compliance information is required to be submitted within the organization’s profile in TPON including: • Compliance with tax laws – tax compliance verification completed on the Tax Compliance Verification Portal. • Compliance with labour and environment laws – an attestation. An attestation form is available to be completed within the organization’s profile in TPON.
13
Page 43 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Appendix: Municipal Housing Targets (2023-2025) Municipality
2023 target
2024 target
2025 target
Ajax Aurora Barrie Belleville Bradford West Gwillimbury Brampton Brantford Burlington Caledon Cambridge Chatham-Kent Clarington East Gwillimbury Georgina Greater Sudbury Guelph Haldimand County Halton Hills Hamilton Innisfil Kawartha Lakes Kingston Kitchener London Markham Milton Mississauga New Tecumseth Newmarket Niagara Falls Norfolk County North Bay Oakville Oshawa Ottawa Peterborough City Pickering Richmond Hill
1,247 587 1,687 227
1,417 667 1,917 258
1,700 800 2,300 310
10-year housing target 17,000 8,000 23,000 3,100
477
542
650
6,500
8,287 733 2,127 953 1,393 81 953 315 455 279 1,320 308 697 3,447 462 477 587 2,567 3,447 3,227 1,540 8,800 469 880 587 418 73 2,420 1,687 11,073 345 953 1,980
9,417 833 2,417 1,083 1,583 92 1,083 358 517 317 1,500 350 792 3,917 525 542 667 2,917 3,917 3,667 1,750 10,000 533 1,000 667 475 83 2,750 1,917 12,583 392 1,083 2,250
11,300 1,000 2,900 1,300 1,900 110 1,300 430 620 380 1,800 420 950 4,700 630 650 800 3,500 4,700 4,400 2,100 12,000 640 1,200 800 570 100 3,300 2,300 15,100 470 1,300 2,700
113,000 10,000 29,000 13,000 19,000 1,100 13,000 4,300 6,200 3,800 18,000 4,200 9,500 47,000 6,300 6,500 8,000 35,000 47,000 44,000 21,000 120,000 6,400 12,000 8,000 5,700 1,000 33,000 23,000 151,000 4,700 13,000 27,000
14
Page 44 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Municipality Sarnia Sault Ste. Marie St. Catharines Thunder Bay Toronto Vaughan Waterloo Welland Whitby WhitchurchStouffville Windsor Woodstock
2023 target
2024 target
2025 target
73 110 807 161 20,900 3,080 1,173 315 1,320
83 125 917 183 23,750 3,500 1,333 358 1,500
100 150 1,100 220 28,500 4,200 1,600 430 1,800
10-year housing target 1,000 1,500 11,000 2,200 285,000 42,000 16,000 4,300 18,000
477
542
650
6,500
953 403
1,083 458
1,300 550
13,000 5,500
15
Page 45 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
2024 BFF Investment Plan Instructions Section A: Contact Information Please provide the contact information of a representative from your municipality that can answer follow-up questions from the Ministry of Municipal Affairs and Housing regarding any of the information provided in the template below. Section B: Proposed BFF Activities This section provides an opportunity to describe your municipality’s focus, actions and plans for use of BFF funding, including intended outcomes such as how the funding will contribute to increasing housing supply, housing development and/or address issues of housing affordability. Information on progress to date and future plans is welcome, but focus should be on activities planned for the coming year/immediate funding cycle. Section C: Proposed Building Faster Fund (BFF) Expenditures Please itemize how BFF funds will be used by activity/initiative as related to the eligible expenditures section. Section D: Attestation Attest that the information provided on Housing Plans and progress (Section B) and Proposed Expenditures for BFF funding (Section C) are true and correct, with approvals by municipal Council/ or their delegated authority.
16
Page 46 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Section A – Municipality Contact Information
Name (First & Last) Title E-mail Phone
Section B – Proposed BFF Activities Please describe the actions that will be supported with BFF funding, including how these actions support increasing housing supply, housing development, including issues of housing affordability and any identified risks to achieve housing targets.
17
Page 47 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Section C – Proposed BFF Expenditures Please enter detailed information in the table below on the planned expenditures for your allocated BFF funding this year. Auditable detail will be requested for BFF expenditures at the end of each year which should directly connect to the activities/expenditures outlined in this section. Proposed Activity
Eligible Expenditure Category
Funding Type (Capital/ Operating)
Description (including anticipated outcomes)
Amount to be Committed/ Spent
Other Sources of Funding (please specify amounts and sources)
Total Funds to be Saved/Banked this Program Year
Section D – Attestation ☐ I declare that, to the best of my knowledge and belief, the information provided in this report is true and correct, with authorization/approval by local Council/Board or their delegated authority.
Prepared by (Name and Title): Date:
Approved by (Name and Title): Date: Questions on the Building Faster Fund and Building Faster Fund implementation can be directed to: BuildingFasterFund@ontario.ca
18
Page 48 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
2024 BFF Year End Reporting Instructions Section A: Contact Information Please provide the contact information of a representative from the municipality that can answer follow-up questions from the Ministry of Municipal Affairs and Housing regarding any of the information provided in the template below. Section B: Results Achieved This section provides an opportunity to describe at a high-level the results achieved by the municipality using BFF funding, including outcomes such as how the funding contributed to increasing housing supply, housing development and/or issues of housing affordability. Information on progress to date and future plans is welcome. Section C: Building Faster Fund (BFF) Expenditures Please itemize total funds spent, (e.g., invoiced) by activity and description of alignment with eligible expenditures, total funds committed but not spent (e.g., purchase orders), funds committed, funds carried over to subsequent year (i.e., saved/banked) as well as interest earned on funds. Section D: Attestation Attest that the information provided on Results Achieved (Section B) and Expenditures for BFF funding (Section C) are true and correct, with approvals by local Council/Board or their delegated authority.
19
Page 49 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Section A – Municipality Contact Information
Name (First & Last) Title E-mail Phone
Section B – Results Achieved Please describe the results achieved with BFF funding, including how these actions contributed to increasing housing supply, housing development, including issues of housing affordability.
20
Page 50 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Section C – BFF Expenditures Please enter detailed information in the table below on the expenditures for allocated BFF funding this year. Auditable detail will be requested for BFF expenditures at the end of each year which should directly connect to the activities/expenditures outlined in this section. Activity Supported
Alignment with Expenditure Noted in Investment Plan
Funding Type (Capital/ Operating)
Total Fund Spent
Total Funds Committed
Total Funds Carried Over (Saved/ Banked) Interest Earned on Saved/Baked Amount
Section D – Attestation ☐ I declare that, to the best of my knowledge and belief, the information provided in this report is true and correct, with approvals by local Council/Board or their delegated authority.
Prepared by (Name and Title): Date:
Approved by (Name and Title): Date: Questions on the Building Faster Fund and Building Faster Fund implementation can be directed to: BuildingFasterFund@ontario.ca
21
Page 51 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Ministry of Municipal Affairs and Housing
Ministère des Affaires municipales et du Logement
Office of the Minister
Bureau du ministre
777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000
234-2024-3201
June 24, 2024 Your Worship Mayor Doug Elmslie City of Kawartha Lakes delmslie@kawarthalakes.ca Dear Mayor Elmslie, I am pleased to be writing to you today with important details regarding the Corporation of the City of Kawartha Lakes’s (“City of Kawartha Lakes”) funding under the 2024 Building Faster Fund (BFF) program year for performance achieved between January 1 and December 31, 2023. As detailed in my letter of February 14, 2024, our records show that your municipality exceeded the 80% threshold for 2023. I would like to congratulate you on this important achievement towards meeting your 2031 target and our shared housing supply goals. Given the above, I am pleased to inform you that the City of Kawartha Lakes is eligible for $1,566,177 in total funding in the 2024 BFF program year based on performance in 2023. I understand that Kawartha Lakes has raised concerns with some of the data used to measure progress towards housing targets. My ministry is actively working through these issues in partnership with the Association of Municipalities of Ontario. Our intent is to make final decisions later this summer. Should the Kawartha Lakes allocation need amendment, we will notify you by September 3, 2024. To receive this funding, the municipality must enter into a Transfer Payment Agreement (TPA) with the Ministry of Municipal Affairs and Housing (MMAH) and submit an Investment Plan (IP) for ministry approval. Please find attached the TPA, IP and Program Guidelines that will govern the program. A brief summary is also included below. This letter will serve as the Allocation Notice for the City of Kawartha Lakes for the first Program Year under the TPA. Any questions can be directed to Charlene Cressman, Director, Housing Supply Strategy at 416-418-4643 or via email at charlene.cressman@ontario.ca. Program Overview – Building Faster Fund Funding from the BFF is intended to support further growth in housing supply, particularly through housing-enabling infrastructure (e.g., site servicing, roads, and public utilities) and other expenses. At the same time, funding is intended to be sufficiently flexible to avoid administrative overhead and other restrictions for municipalities that might undermine the BFF’s primary purpose of creating an incentive for municipalities to deliver on their annual housing targets. …/2
Page 52 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
-2-
To balance these considerations, eligible categories of expenditures include the following: •
Capital expenditures on housing-enabling core infrastructure and site servicing (e.g., roads, bridges, water and wastewater, including sanitary and stormwater facilities) to accommodate future residential development (e.g., through new construction, reconstruction, rehabilitation/repair or expansion of existing infrastructure). Eligible expenditures could also include capital maintenance for the renewal, rehabilitation and replacement of core infrastructure owned by the municipality to preserve existing housing supply, as well as site servicing / preparation expenses to support the direct creation of more housing (e.g., preparing a site for disposition for the purposes of housing development).
•
Operating or capital expenditures that support the creation of new affordable housing. Affordable housing will be defined as a unit that meets the definition of an affordable residential unit set out in section 4.1 of the Development Charges Act, 1997 or is a unit also supported by stacking with funds through a provincial affordable housing program (e.g., Homelessness Prevention Program). Eligible expenses must create a net increase in affordable housing stock.
•
Operating or capital expenditures that support the creation of attainable ownership housing, including through modular construction. o Attainable housing will be defined as a unit that meets the definition of attainable ownership housing set out by the ministry through an attainable housing program or agreement with MMAH or meets the definition of an attainable residential unit as defined in section 4.1 of the Development Charges Act, 1997. o Modular is defined as a home that is built using one or more prefabricated components or modules. It is constructed partially or completely off-site in a manufacturing facility then transported to a property and assembled there, like building blocks.
•
Capital expenditures for homelessness services centers. This could include capital expenses for shelter space or municipal homelessness service hubs.
Next Steps: To receive your municipality’s 2024 BFF allocation, your municipality is required to submit the signed BFF TPA to confirm your agreement to the terms and conditions of the program. Your municipality is also required to complete and submit the enclosed IP to demonstrate how your funding allocations will be used to achieve the objectives of the program. As BFF funding must be kept in a separate interest-bearing savings account, a void cheque or official bank letter from the financial institution is required to allow for the flow of funds and must display the following: • • •
The legal name of the municipality/business. The business address. The branch number, institution number, and account number. …/3
Page 53 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
-3-
The legal name of the municipality must match the legal name as it is registered under the Canada Revenue Agency (CRA) business number and the legal name on the void cheque or official bank letter. A void cheque will only be accepted in the municipality’s operating name if it is a registered name under their CRA business number. A bank letter must be on official letterhead and include a bank stamp. Please return the banking information by June 28, 2024 and the signed TPA and IP by July 19, 2024. Your municipality may submit your signed TPA, IP and banking documents via e-mail to BuildingFasterFund@ontario.ca. Upon approval, the Ministry will proceed to initiate your first payments. Please let us know if you would like a French version of the Program Guidelines. I look forward to continuing our work together to ensure that more people can afford a place to call home. Sincerely,
Hon. Paul Calandra Minister of Municipal Affairs of Housing
Enclosures c:
Ron Taylor, CAO, rtaylor@kawarthalakes.ca Cathie Ritchie, Clerk, critchie@kawarthalakes.ca Hon. Vijay Thanigasalam, Associate Minister of Housing Michael Klimuntowski, Chief of Staff, Minister’s Office Martha Greenberg, Deputy Minister Sebastian Franks, Assistant Deputy Minister, Market Housing Division
Page 54 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Appendix “A” Transfer Payment Agreement – Building Faster Fund
Please see attached.
Page 55 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Appendix “B” Program Guidelines – Building Faster Fund
Please see attached.
Page 56 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Appendix “C” Building Faster Fund Investment Plan
Please see attached.
Page 57 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
Appendix “D” Building Faster Fund Year End Report
Please see attached.
Page 58 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the 1st day of April, 2024 BETWEEN: His Majesty the King in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”)
- and ____________________________________ [enter the full legal name of the Recipient above] (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0
ENTIRE AGREEMENT
1.1
Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” Schedule “B” Schedule “C” Schedule “D” Schedule “E” Schedule “F” Schedule “G”-
1.2
General Terms and Conditions Program Specific Information and Additional Provisions Program Eligible Expenditures and Ineligible Expenditures Payment Schedule Reports Program Guidelines
Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements.
Building Faster Fund Transfer Payment Agreement
Page 59 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
1
2.0
CONFLICT OR INCONSISTENCY
2.1
Conflict or Inconsistency. In the event of a conflict or inconsistency between the provisions in Schedule “A” and the provisions of any other schedule, the following rules will apply: (a)
the Parties will interpret any other schedule in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and
(b)
where it is not possible to interpret the other schedule in a way that is consistent with the provisions in Schedule “A”, Schedule “A” will prevail over the other schedule to the extent of the inconsistency.
3.0
COUNTERPARTS AND E-SIGNATURES
3.1
One and the Same Agreement. The Agreement may be executed and delivered in counterparts by electronic means, including by email transmission in PDF format, and the Parties may rely on such electronic execution as though it were an original hand-written signature.
4.0
AMENDING THE AGREEMENT
4.1
Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties.
5.0
ACKNOWLEDGEMENT
5.1
Acknowledgement. The Recipient acknowledges that: (a)
the Funds are to assist the Recipient to carry out the Program and not to provide goods or services to the Province;
(b)
the Province is not responsible for carrying out the Program;
(c)
the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) (“FIPPA”) and that any information provided to the Province in connection with the Program or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; and
(d)
the Province is bound by the Financial Administration Act (Ontario) (“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by the Province of Funds under the Agreement will be subject to,
Building Faster Fund Transfer Payment Agreement
Page 60 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
2
(i)
an appropriation, as that term is defined in subsection 1(1) of the FAA, to which that payment can be charged being available in the Program Year in which the payment becomes due; or
(ii)
the payment having been charged to an appropriation for a previous fiscal year.
- SIGNATURE PAGE FOLLOWS -
Building Faster Fund Transfer Payment Agreement
Page 61 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
3
The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing
Date (dd-mmm-yyyy)
Signed:
Name: __________________________________ Title: ___________________________________
[enter the full legal name of the Recipient]
Date (dd-mmm-yyyy)
Signed:
Name: _________________________________ Title: __________________________________ I have authority to bind the Recipient.
Date (dd-mmm-yyyy)
Signed:
Name: _________________________________ Title: __________________________________ I have authority to bind the Recipient.
Building Faster Fund Transfer Payment Agreement
Page 62 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
4
SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0
INTERPRETATION AND DEFINITIONS
A1.1
Interpretation. For the purposes of interpretation:
A1.2
(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 the Agreement; they are for reference only and will not affect the interpretation of the Agreement;
(d)
any reference to dollars or currency will be in Canadian dollars and currency; and
(e)
“include”, “includes” and “including” denote that the subsequent list is not exhaustive.
Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Allocation Notice” means the notice that the Recipient receives from the Province setting out the Recipient’s Annual Funding Allocation for the respective Program Year; “Annual Funding Allocation” means the amount of Funds that the Province allocates to the Recipient for a Program Year; “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 has elected to be closed for business. “Consultant” means any person the Recipient retains to do work related to this Agreement. “Effective Date” means the date set out at the top of the Agreement.
Building Faster Fund Transfer Payment Agreement
Page 63 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
5
“Eligible Expenditures” means the costs of the Program incurred by the Recipient and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in section D2.0 of Schedule “D”. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement and includes any interest earned by placing the Funds in an interest-bearing account pursuant to section A4.4. “Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. “Indigenous Communities” include First Nation, Métis, and Inuit communities or peoples of Canada. “Investment Plan” means an investment plan identifying the Recipient’s proposed use of Funds substantially in the form set out in Schedule “G”. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Program or any other part of the Agreement. “Maximum Funds” means the maximum Funds set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Performance Year” means: (a)
in the case of the 2023 Performance Year, the period commencing on January 1, 2023 and ending on December 31, 2023;
(b)
in the case of the 2024 Performance Year, the period commencing on January 1, 2024 and ending on December 31, 2024; and
Building Faster Fund Transfer Payment Agreement
Page 64 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
6
(c)
in the case of the 2025 Performance Year, the period commencing on January 1, 2025 and ending on December 31, 2025.
“Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Program or with any other part of the Agreement. “Program” means the program described in Schedule “C,” including any projects and activities undertaken by the Recipient in accordance with Schedule “C.” “Program Year” means: (a)
in the case of the first Program Year, the period commencing on the Effective Date and ending on December 31, 2024; and
(b)
in the case of the second Program Year, the period commencing on January 1, 2025 and ending on December 31, 2025.
“Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. “Revised Allocation Notice” means an Allocation Notice that the Province issues that alters an Allocation Notice that the Province previously issued. A2.0
REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1
General. The Recipient represents, warrants, and covenants that: (a)
it has, and will continue to have, the experience and expertise necessary to carry out the Program;
(b)
it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, any requirement to obtain or maintain any approvals, permits, licenses, and authorizations, and any other orders, rules, and by-laws related to any aspect of the Program, the Funds, or both; and
(c)
unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete.
Building Faster Fund Transfer Payment Agreement
Page 65 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
7
A2.2
A2.3
Execution of Agreement. The Recipient represents and warrants that it has: (a)
the full power and authority to enter into the Agreement; and
(b)
taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement.
Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a)
procedures to enable the Recipient to manage Funds prudently and effectively;
(b)
procedures to enable the Recipient to complete the Program successfully;
(c)
procedures to enable the Recipient to identify risks to the completion of the Program and strategies to address the identified risks, all in a timely manner;
(d)
procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and
(e)
procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement.
A2.4
Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0.
A3.0
TERM OF THE AGREEMENT
A3.1
Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0.
A4.0
FUNDS AND CARRYING OUT THE PROGRAM
A4.1
Funds Provided. The Province will: (a)
provide the Recipient with Funds up to the Maximum Funds for the purpose of carrying out the Program;
(b)
provide the Funds to the Recipient in accordance with the payment schedule attached to the Agreement as Schedule “E”; and
Building Faster Fund Transfer Payment Agreement
Page 66 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
8
(c)
A4.2
A4.3
deposit the Funds into an account the Recipient designates provided that the account: (i)
resides at a Canadian financial institution; and
(ii)
is in the name of the Recipient.
Limitation on Payment of Funds. Despite section A4.1: (a)
the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law;
(b)
the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof required pursuant to section A10.2;
(c)
the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Program; and
(d)
the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2.
Use of Funds and Carry Out the Program. The Recipient will do all of the following: (a)
carry out the Program in accordance with the Agreement;
(b)
use the Funds only for the purpose of carrying out the Program;
(c)
spend the Funds only in accordance with an approved Investment Plan;
(d)
not use the Funds to cover any cost that has been or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario.
A4.4
Separate Interest-Bearing Account. The Recipient shall place the Funds in a separate, distinct, interest-bearing savings account in the name of the Recipient at a Canadian financial institution.
A4.5
Interest. If any interest is earned pursuant to section A4.4, those amounts shall be: (a)
used by the Recipient only for the purposes of carrying out the Program and only for Eligible Expenditures in accordance with an approved
Building Faster Fund Transfer Payment Agreement
Page 67 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
9
Investment Plan; and (b)
treated in the same manner under the Agreement as other Funds, including with respect to the Recipient’s obligations relating to saving, reporting on and repaying unspent Funds, and the Province’s rights to demand repayment, deduct amounts, and take any other action with respect to Funds.
A4.6
Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Program, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund.
A4.7
Saved Funds. The Recipient may save any Funds that it receives in one Program Year for use in later Program Years. For greater certainty, saved Funds include Funds not committed and not spent, Funds committed but not spent, and any interest earned pursuant to section A4.4. Despite anything else in this Agreement, the Recipient will spend any Funds that it has saved by no later than March 31, 2026. In the event that the Recipient does not spend those saved Funds in accordance with the requirements set out in this section A4.7 or otherwise in accordance with the Agreement, those saved Funds will be returned to the Province.
A4.8
Transfer of Funds. The Recipient may transfer Funds provided under this Agreement to a third party for the purposes of carrying out a project or activity set out in the Recipient’s approved Investment Plan provided the following conditions are met: (a)
The project or activity is an Eligible Expenditure;
(b)
The third party is a municipality, municipal services corporation, municipal housing corporation, housing service manager or non-profit housing provider, or another entity that has been approved by the Province in writing to receive transferred Funds; and
(c)
The Recipient has entered into an agreement with the third party with respect to the Funds that is consistent with the terms and conditions of this Agreement and incorporates the relevant provisions of this Agreement. More specifically, but without limiting the generality of the foregoing, the Recipient agrees that all agreements with third parties shall include provisions to ensure: (i)
proper and accurate accounts and records with respect to the funded project or activity are kept and maintained as described in the Agreement including section A7.3;
(ii)
compliance with all federal and provincial laws and regulations, all municipal by-laws, any requirement to obtain or maintain any
Building Faster Fund Transfer Payment Agreement
Page 68 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
10
approvals, permits, licenses, and authorizations, and any other orders, rules, and by-laws related to the funded project or activity; (iii)
that the Recipient can recover Funds provided to a third party upon a breach of the agreement by the third party; and
(iv)
the rights of the Province to audit the terms of any agreement, record and account pertaining to the funded project or activity are secured, pursuant to section A7.5.
A4.9
Third Party Agreements Provided by Recipient Upon Request. The Recipient shall provide to the Province, upon request, a copy of any agreement entered into with a third party pursuant to section A4.8.
A5.0
RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS
A5.1
Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money.
A5.2
Transfer or Disposal of Assets. The Recipient shall retain any assets purchased, rehabilitated or built with the Funds under this Agreement for a period of five years from the date that the project or work is completed. Within this five year period, the Recipient may ask for the Province’s consent to transfer to a third party, or dispose of, any assets purchased, rehabilitated or built with the Funds. The Province may impose any reasonable conditions, in granting its consent, including requiring the Recipient to:
A5.3
(a)
report to the Province any monies, including any capital gains, resulting from the transfer or disposal of the asset and use those monies only for Eligible Expenditures; or
(b)
return to the Province the Funds used to purchase, rehabilitate, or build the transferred or disposed of asset.
Transfer of Land. The Recipient shall retain any land purchased with the Funds under this Agreement for a period of five years from the date that the land is purchased by the Recipient. Within this five year period, the Recipient may ask for the Province’s consent to transfer to a third party any land purchased with the Funds. The Province may impose any reasonable conditions, in granting its consent, including requiring the Recipient to: (a)
report to the Province any monies, including any capital gains, resulting from the transfer of the land and use those monies only for Eligible Expenditures; or
(b)
return to the Province the Funds used to purchase the transferred land.
Building Faster Fund Transfer Payment Agreement
Page 69 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
11
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 the Program and any related projects or work to 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
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.
A6.0
CONFLICT OF INTEREST
A6.1
Conflict of Interest Includes. For the purposes of Article A6.0, a 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 by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Program, the use of the Funds, or both. A6.2
No Conflict of Interest. The Recipient will carry out the Program and use the Funds without an actual, potential, or perceived conflict of interest unless: (a)
the Recipient: (i)
provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest;
(ii)
requests the consent of the Province to carry out the Program with an actual, potential, or perceived conflict of interest;
(b)
the Province provides its consent to the Recipient carrying out the Program with an actual, potential, or perceived conflict of interest; and
(c)
the Recipient complies with any terms and conditions the Province may prescribe in its consent.
Building Faster Fund Transfer Payment Agreement
Page 70 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
12
A7.0
REPORTS, ACCOUNTING, AND REVIEW
A7.1
Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify.
A7.2
Preparation and Submission. The Recipient will: (a)
(b)
submit to the Province at the address set out in Schedule “B”: (i)
all Reports in accordance with the timelines and content requirements set out in Schedule “F”;
(ii)
any other reports in accordance with any timelines and content requirements the Province may specify from time to time, including, but not limited to, any reports that may be required under Article B3.0 of Schedule “B”;
ensure that all Reports and other reports are: (i)
completed to the satisfaction of the Province; and
(i)
signed by an authorized signing officer of the Recipient.
A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation:
A7.4
(a)
all financial records (including invoices and evidence of payment) relating to the Funds or otherwise to the Program in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any comparable accounting standards that apply to the Recipient; and
(b)
all non-financial records and documents relating to the Funds or otherwise to the Program.
Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a)
the truth of any of the Recipient’s representations and warranties;
(b)
the progress of the Program;
(c)
the Recipient’s allocation and expenditure of the Funds.
Building Faster Fund Transfer Payment Agreement
Page 71 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
13
A7.5
A7.6
Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions: (a)
inspect and copy any records and documents referred to in section A7.3;
(b)
remove any copies the Province makes pursuant to section A7.5(a).
Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a)
ensuring that the Province has access to the records and documents wherever they are located;
(b)
assisting the Province to copy records and documents;
(c)
providing to the Province, in the form the Province specifies, any information the Province identifies; and
(d)
carrying out any other activities the Province requests.
A7.7
No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient’s records.
A7.8
Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario).
A8.0
COMMUNICATIONS AND SIGNAGE REQUIREMENTS
A8.1
Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Program-related publications, whether written, oral, or visual:
A8.2
(a)
acknowledge the support of the Province for the Program, including any projects and activities for which Funds are used;
(b)
ensure that any acknowledgement is in a form and manner as the Province directs; and
(c)
indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province.
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.
Building Faster Fund Transfer Payment Agreement
Page 72 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
14
A8.3
Signage. (a)
Recognition of Funding Contribution. The Parties agree that the Province and the Recipient may both have signage recognizing their funding contribution in respect of the Program.
(b)
Funding Recognition. Unless otherwise agreed to by the Province, where the Recipient directs Funds towards an infrastructure project and: (i) (ii)
the Funds contributed by the Province exceed $250,000; or the project has construction period of 90 days or more;
the Recipient will produce and install a sign to recognize the Funds contributed by the Province at each project site in accordance with, as applicable, the Province’s current respective signage guidelines. Provincial sign design, content, and installation guidelines will be provided by the Province. (c)
Notice of Sign Installation. The Recipient will inform the Province of sign installations, including providing the Province with photographs of the sign(s) once installation of the sign(s) has been completed.
(d)
Timing of Erection of Sign. If erected, signage recognizing the Province’s contributions will be installed at project site(s) 30 days prior to the start of construction, be visible for the duration of construction, and remain in place until 30 days after construction is completed and the infrastructure is fully operational or opened for public use.
(e)
Size of Sign. If erected, signage recognizing the Province’s contribution will be at least equivalent in size and prominence to project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility.
(f)
Responsibility of Recipient. The Recipient is responsible for the production and installation of project signage, and for maintaining the signage in a good state of repair at all times, or as otherwise agreed upon.
A9.0
INDEMNITY
A9.1
Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties.
A9.2
Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any
Building Faster Fund Transfer Payment Agreement
Page 73 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
15
proceeding against any Indemnified Parties and any negotiations for their settlement. A9.3
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.
A9.4
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.
A9.5
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.
A9.6
Limitation of Liability. The Recipient acknowledges and agrees that in no event will the Indemnified Parties be held liable for: (a)
any bodily injury, death or property damage to the Recipient, its employees, agents or Consultants or for any Proceeding against the Recipient, its employees, agents or Consultants; or
(b)
any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or Consultants arising out of any or in any way related to the Program or this Agreement.
A10.0
INSURANCE
A10.1
Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a program similar to the Program 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 in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a)
the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under,
Building Faster Fund Transfer Payment Agreement
Page 74 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
16
or otherwise in connection with, the Agreement;
A10.2
(b)
a cross-liability clause;
(c)
contractual liability coverage; and
(d)
at least 30 days’ written notice of cancellation.
Proof of Insurance. The Recipient will: (a)
(b)
provide to the Province, either (i)
certificates of insurance that confirm the insurance coverage required by section A10.1;
(ii)
other proof that confirms the insurance coverage required by section A10.1; and
in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Program or otherwise to the Agreement, or both.
A10.3
Recipient’s Subcontractor Insurance. The Recipient will ensure that any subcontractors or Consultants retained to perform any part or parts of the Program will obtain and maintain all the necessary and appropriate insurance that a prudent person in the business of the subcontractor or Consultant would obtain and maintain.
A11.0
TERMINATION ON NOTICE
A11.1
Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient.
A11.2
Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a)
direct that the Recipient does not incur any costs under this Agreement without the Province’s prior written consent;
(b)
cancel further instalments of Funds;
(c)
demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and
Building Faster Fund Transfer Payment Agreement
Page 75 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
17
(d)
determine the reasonable costs for the Recipient to wind down the Program, and do either or both of the following: (i)
permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(c); and
(ii)
subject to section A4.1(a), provide Funds to the Recipient to cover such costs.
A12.0
EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT
A12.1
Events of Default. It will constitute an Event of Default: (a)
(b) A12.2
if, 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 the Agreement: (i)
carry out the Program;
(ii)
use or spend Funds;
(iii)
provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section A7.2(a)(ii);
(iv)
follow any directions that the Province provides under the Agreement; or
if the Recipient has provided false or misleading information to the Province.
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 Program;
(b)
provide the Recipient with an opportunity to remedy the Event of Default;
(c)
suspend the payment of Funds for such period as the Province determines appropriate;
(d)
reduce the amount of the Funds;
Building Faster Fund Transfer Payment Agreement
Page 76 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
18
A12.3
A12.4
(e)
cancel further instalments of Funds;
(f)
demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient;
(g)
demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement;
(h)
demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient;
(i)
demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and
(j)
upon giving Notice to the Recipient, terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province.
Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a)
the particulars of the Event of Default; and
(b)
the Notice Period.
Recipient not Remedying. If the Province provides the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), 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 A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A12.5
When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice.
Building Faster Fund Transfer Payment Agreement
Page 77 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
19
A13.0
[INTENTIONALLY OMITTED]
A14.0
FUNDS UPON EXPIRY
A14.1
Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any unspent Funds remaining in its possession, under its control, or both.
A15.0
DEBT DUE AND PAYMENT
A15.1
Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may:
A15.2
(a)
deduct an amount equal to the excess Funds from any further instalments of Funds; or
(b)
demand that the Recipient pay to the Province an amount equal to the excess Funds.
Debt Due. If, pursuant to the Agreement: (a)
the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds or any other amounts owing under the Agreement; or
(b)
the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts owing under the Agreement, whether or not the Province has demanded their payment;
such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3
Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable.
A15.4
Payment of Money to 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 set out in Schedule “B”.
A15.5
Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario.
Building Faster Fund Transfer Payment Agreement
Page 78 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
20
A16.0
NOTICE
A16.1
Notice in Writing and Addressed. Notice will be:
A16.2
A16.3
(a)
in writing;
(b)
delivered by email, postage-prepaid mail, personal delivery, or courier; and
(c)
addressed to the Province or the Recipient as set out in Schedule “B”, or as either Party later designates to the other by Notice.
Notice Given. Notice will be deemed to have been given: (a)
in the case of postage-prepaid mail, five Business Days after the Notice is mailed; and
(b)
in the case of email, personal delivery or courier on the date on which the Notice is delivered.
Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a)
Notice by postage-prepaid mail will not be deemed to be given; and
(b)
the Party giving Notice will give Notice by email, personal delivery or courier.
A17.0
CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A17.1
Consent. When the Province provides its consent pursuant to the Agreement: (a)
it will do so by Notice;
(b)
it may attach any terms and conditions to the consent; and
(c)
the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent.
A18.0
SEVERABILITY OF PROVISIONS
A18.1
Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed and all other provisions
Building Faster Fund Transfer Payment Agreement
Page 79 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
21
will continue in full force and effect unless similarly found void and/or unenforceable. A19.0
WAIVER
A19.1
Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect.
A19.2
Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver.
A20.0
INDEPENDENT PARTIES
A20.1
Parties Independent. The Recipient 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.
A21.0
ASSIGNMENT OF AGREEMENT OR FUNDS
A21.1
No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement.
A21.2
Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a)
the Recipient’s heirs, executors, administrators, successors, and permitted assigns; and
(b)
the successors to His Majesty the King in right of Ontario.
A22.0
GOVERNING LAW
A22.1
Governing Law. The 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 the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings.
Building Faster Fund Transfer Payment Agreement
Page 80 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
22
A23.0
FURTHER ASSURANCES
A23.1
Agreement into Effect. The Recipient will: (a)
provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains; and
(b)
do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent.
A24.0
JOINT AND SEVERAL LIABILITY
A24.1
Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement.
A25.0
RIGHTS AND REMEDIES CUMULATIVE
A25.1
Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity.
A26.0
FAILURE TO COMPLY WITH OTHER AGREEMENTS
A26.1
Other Agreements. If the Recipient: (a)
has failed to comply with any term, condition, or obligation under any other agreement with His Majesty the King in right of Ontario or one of His agencies (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.
Building Faster Fund Transfer Payment Agreement
Page 81 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
23
A27.0
SURVIVAL
A27.1
Survival. The following Articles and sections, and all applicable crossreferenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, , sections A4.4, A4.5, A4.6, A4.7, A4.8 and A4.9, sections A5.2 and A5.3, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0, Article A27.0, and Article B3.0.
- END OF GENERAL TERMS AND CONDITIONS -
Building Faster Fund Transfer Payment Agreement
Page 82 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
24
SCHEDULE “B” PROGRAM SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds
For each Program Year, the amount of the Recipient’s Annual Funding Allocation as set out in the Recipient’s Allocation Notice or in the Recipient’s Revised Allocation Notice if a Revised Allocation Notice has been issued pursuant to section B2.2.
Expiry Date
March 31, 2026
Insurance
$10,000,000
Contact information for the purposes of Notice to the Province
Position: Charlene Cressman, Director, Housing Supply Strategy Branch Address: 14th Floor, 777 Bay Street, Toronto ON M7A 2J3 Email: charlene.cressman@ontario.ca
Contact information for the purposes of Notice to the Recipient
Position:
Address:
Email:
Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement
Position:
Address:
Email:
Building Faster Fund Transfer Payment Agreement
Page 83 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
25
Additional Provisions: B1.0 ELIGIBILITY B1.1
Eligibility Criteria. To be eligible to receive an Annual Funding Allocation, the Recipient must have a provincially-assigned housing target to be met by the Recipient by 2031, and must have: (a)
committed to achieve its housing target through a council-approved pledge or a written head of council commitment submitted to the Province; and
(b)
provided feedback to the Province prioritizing the recommendations contained in the February 2022 report of the Housing Affordability Task Force.
B1.2
Continued Eligibility. The Recipient must continue to meet the eligibility criteria set in section B1.1 in each Program Year in order to be eligible to receive an Annual Funding Allocation for that Program Year. The Recipient’s eligibility for a given Program Year will be assessed prior to the start of that Program Year.
B2.0
ANNUAL FUNDING ALLOCATION
B2.1
Annual Funding Allocation. For each Program Year in which the Recipient is eligible for the Program, the Recipient will receive an Allocation Notice from the Province. The Allocation Notice will set out the Recipient’s Annual Funding Allocation for the Program Year, based on the Recipient’s performance against its housing target in the relevant Performance Year, which will be calculated in accordance with the formula set out in Schedule “G”.
B2.2
Revised Allocation Notice. If, after the Recipient has received an Allocation Notice for a given Program Year, the Province revises its assessment of the Recipient’s performance against its housing target in the relevant Performance Year, the Province may issue a Revised Allocation Notice to the Recipient for that Program Year. In the event that the Province issues a Revised Allocation Notice for a given Program Year, the Revised Allocation Notice will revoke and replace the Allocation Notice for which the Revised Allocation Notice was issued.
B3.0
INDIGENOUS CONSULTATION
B3.1
Notice to Province. In carrying out the Program, the Recipient will consider if any proposed projects or work to which Funds are directed may have the potential to adversely impact the exercise of Aboriginal or treaty rights. In circumstances where any proposed projects or work to which Funds are directed have the potential to adversely impact the exercise of Aboriginal or
Building Faster Fund Transfer Payment Agreement
Page 84 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
26
treaty rights, the Recipient will provide immediate Notice to the Province. B3.2
Delegation of Procedural Aspects of Consultation. If the Province determines that consultation with Indigenous Communities is required on a project or work to which Funds are directed, the Recipient agrees that the Province may delegate certain procedural aspects of consultation to the Recipient, including: (a) (b) (c) (d) (e)
B3.3.
Report to Province. Where the Province has delegated the procedural aspects of consultation on a project or work to which Funds are directed to the Recipient, the Recipient will provide a report to the Province, within the timeframe directed by the Province acting reasonably, that includes: (a) (b) (c) (d)
B3.4
providing notice of the project or work to the Indigenous Communities identified by the Province; following up, as necessary, in an appropriate manner to ensure that the Indigenous Communities are aware of the opportunity to provide comments or concerns about the project or work; answering questions from the Indigenous Communities about the project or work to the extent of the Recipient’s ability; providing the Indigenous Communities with reasonable opportunities to meet with appropriate representatives of the Recipient to discuss the project or work; considering comments provided by the Indigenous Communities regarding the potential impact of the project or work on Aboriginal or treaty rights, and any potential accommodation or mitigation measures as appropriate.
a list of all Indigenous Communities notified by the Recipient of the project or work; a summary of all communications between the Recipient and the Indigenous Communities regarding the project or work; a summary of all comments or concerns that the Indigenous Communities have provided with respect to the project or work; any other information that the Province may deem appropriate.
Direction from Province. The Recipient agrees to comply with any direction from the Province with respect to consultation with Indigenous Communities, including by stopping or not commencing a project or work to which Funds are directed until any consultation requirements have been met.
Building Faster Fund Transfer Payment Agreement
Page 85 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
27
SCHEDULE “C” PROGRAM Background The Building Faster Fund (“BFF”) rewards eligible municipalities that meet or exceed their provincially-assigned housing targets. BFF is designed to help municipalities pay for critical housing-enabling infrastructure and other related costs that support community growth. The Recipient shall carry out the Program by using Funds for projects and activities described in its approved Investment Plan and only for Eligible Expenditures. Investment Plan (1) The Recipient shall develop and submit to the Province for approval an Investment Plan for each Program Year in accordance with the timelines and substantially in the form set out in Schedule “G”. (2) The Investment Plan for each Program Year must be approved by the Recipient’s council or through delegated authority, as applicable. (3) The Investment Plan shall contain, among other things, the following information for the Program Year:
- A description of each project or activity to be undertaken with the Funds, including an explanation of how the project or activity will support increasing housing supply, housing development, including issues of housing affordability, and address any identified risks to achieve housing targets;
- Amounts of Eligible Expenditures planned for the Program Year for each project or activity; and
- Other sources of funding being used toward each project or activity. (4) The Province will provide Notice of its decision with respect to the approval of the Investment Plan with any such amendments as the Province considers appropriate within a reasonable amount of time. (5) If, after approval by the Province of an Investment Plan for a Program Year, changes in operating and capital expenditures are required, the Recipient may, with prior approval of the Province, reallocate Funds to other Eligible Expenditures. Reallocations will only be permitted within the same expenditure category: capital expenditures for other capital expenditures and operating expenditures for other operating expenditures. No reallocations will be permitted between operating and capital expenditures. The Recipient shall provide Notice of the proposed reallocation(s) to the Ministry in the form of a revised Investment Plan with reallocations and changes clearly marked and submit to the Province for approval prior to December 31st of that Program Year. Reallocation requests Building Faster Fund Transfer Payment Agreement
Page 86 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
28
must be approved by the Recipient’s council or through delegated authority, as appropriate.
Building Faster Fund Transfer Payment Agreement
Page 87 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
29
SCHEDULE “D” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES D1.0
Definitions
D1.1
For the purposes of this Schedule “D”, the following terms have the meanings set out in this section: “Affordable Housing” means a unit that meets the definition of an affordable residential unit set out in section 4.1 of the Development Charges Act, 1997, or is a unit also supported by stacking with funds provided through a provinciallyfunded affordable housing program (e.g., Homelessness Prevention Program). “Attainable Housing” means a unit that meets the definition of attainable ownership housing set out by the Province through an attainable housing program or agreement with the Province, or meets the definition of an attainable residential unit as defined in section 4.1 of the Development Charges Act, 1997. “Ineligible Expenditures” means the costs of the Program that are ineligible for contribution by the Province under the terms and conditions of the Agreement, and that are described in section 3.0 of this Schedule “D”. “Modular” means a home that is built using one or more prefabricated components or modules. It is constructed partially or completely off-site in a manufacturing facility then transported to a property and assembled there, like building blocks.
D2.0
Eligible Expenditures
D2.1
Eligible Expenditures. The Recipient may spend the Funds on soft costs (including planning, studies and permits), land costs, and hard costs (including costs of construction, labour and materials) in the following categories: i.
Capital expenditures on housing-enabling core infrastructure, such as roads, bridges, water, wastewater, and stormwater facilities, and site servicing, including: a. new construction, reconstruction, rehabilitation/repair or expansion of existing infrastructure to accommodate future residential development; b. maintenance for the renewal, rehabilitation and replacement of existing infrastructure owned by the Recipient to preserve existing housing supply; c. site servicing or preparation expenses to support the direct creation of more housing.
Building Faster Fund Transfer Payment Agreement
Page 88 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
30
ii. Operating or capital expenditures that support the creation of net new Affordable Housing units. iii. Operating or capital expenditures that support the creation of net new Attainable Housing units, including: a. Construction of Modular housing units. iv. Capital expenditures for homelessness services centers, including: a. Capital expenses for net new shelter space or municipal homelessness service hubs. D2.2
Direct and Verifiable Costs Only. Eligible Expenditures shall only include all direct and incremental costs that are attributable to the development and implementation of the Program and are in the Province’s sole and absolute discretion, properly and reasonably incurred. Any spent Funds reported by the Recipient must be actual, verifiable cash outlays that are documented through invoices, receipts or other records that are acceptable to the Province.
D2.3
Limitation on Operating Expenditures. Operating expenditures must be timelimited and cannot create operating funding obligations beyond the Expiry Date (e.g., the creation of new staff positions).
D3.0
Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to section D 2.0, such cost will be considered an Ineligible Expenditure. Without limiting the generality of the foregoing, the following costs are Ineligible Expenditures and are therefore ineligible to be paid from the Funds provided under this Agreement: i. ii. iii. iv. v. vi. vii. viii. ix. x.
Municipal staffing and administration costs; Legal costs incurred by the Recipient; Rolling stock (e.g., trucks, graders, etc.); Movable/transitory assets (e.g., portable generators, etc.); Office and IT equipment and supplies (e.g. computers, servers, furniture, etc.); Costs of developing and completing any application or reporting for a provincial funding program, including any Reports required under the Program; All taxes, penalties, and duties; Financing and/or borrowing costs; Insurance costs; Non-cash items such as depreciation/amortization expenses for tangible capital and intangible assets, provisions for bad/doubtful accounts, etc.
Building Faster Fund Transfer Payment Agreement
Page 89 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
31
SCHEDULE “E” PAYMENT SCHEDULE The following represents the schedule of payments of Funds for each Program Year: Program Year
Payment No. and Percentage of Recipient’s Annual Funding Allocation
Payment Date
For each Program Year
Payment #1 70%
Within 30 Business Days of the Province’s approval of the Investment Plan for that Program Year
Payment #2 30%
Within 30 Business Days of the Province’s approval of the Year End Report for that Program Year
Building Faster Fund Transfer Payment Agreement
Page 90 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
32
SCHEDULE “F” REPORTS Name of Report
Due Date
Investment Plan Year End Report
In accordance with Schedule “G” In accordance with Schedule “G”
Report Due Dates The reporting period is set out in Schedule “G”. Except as noted below, if the due date of any Report falls on a non-Business Day, the due date is deemed to be the next Business Day. Submission of Reports All reports are to be submitted through Transfer Payment Ontario (TPON) unless the Province notifies the Recipient otherwise. Report Details 1.
The Investment Plan shall be substantially in the form set out in Schedule “G”. The Investment Plan shall include the required information as set out in Schedule “C” and Schedule “G”.
The Year End Report shall be substantially in the form set out in Schedule “G”. The Year End Report shall include the required information as set out in Schedule “G”.
Performance Measures
Delivery of all Reports within established timelines Ensuring all expenditures are in accordance with the Agreement Timely responses to requests from the Province
Building Faster Fund Transfer Payment Agreement
Page 91 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
33
SCHEDULE “G” PROGRAM GUIDELINES The attached program guidelines form Schedule “G” to the Agreement.
Building Faster Fund Transfer Payment Agreement
Page 92 of 92 Housing - Connor Dorey / Meredith Staveley-Watson / All Draft AMO briefi…
34
